fiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.

“The person, houses, papers, and possessions of every individual shall be secure from unreasonable searches and seizures; and no warrant to search any place, or to seize any person or things, shall issue without describing them, nor without probable cause, supported by oath or affirmation.

“ The right of trial by jury shall remain inviolate.

"In all criminal prosecutions, the accused shall have the right to a speedy and public trial by an impartial jury of the vicinage ; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; to have the assistance of counsel for his defence; and in all civil cases, in which personal liberty may be involved, the trial by jury shall not be refused.

“No person shall be held to answer for a criminal offence, unless on the presentment or indictment of a grand jury, except in cases of impeachment or in cases cognizable by justices of the peace, or arising in the army or militia when in actual service in time of war or public danger. “No person for the same offence shall be twice

put in jeopardy of punishment; all persons shall, before conviction, be bailable by sufficient sureties, except for capital offences, when the proof is evident or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless when, in case of rebellion or invasion the public safety may require it.

“Every person has a right to bear arms for the defence of himself and the State.

“ The military shall, in cases and at all times, be in strict subordination to the civil power. “No soldier shall, in time of

be quartered in



house without the consent of the owner, nor in time of war but in a manner prescribed by law.

“ Treason against the State shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort; no person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court.

“No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall be passed.

“Excessive bail shall not be required; excessive fines shall not be imposed; and cruel and unjust punishments shall not be inflicted.

“ The property of no person shall be taken for public use, without just compensation therefor.

“ The people shall have the right freely to assemble together, to consult for the common good, to instruct their representatives, and to petition the legislature for redress of grievances.

“ All acts of the legislature, contrary to this or any other article of this constitution, shall be void.

$ 116. The legislative power of this state is vested in a senate and house of representatives. The house to consist of not less than 48, nor more than 100 members. The senate to be equal to one third of the house. A majority constitutes a quorum to do business. Any bill may originate in either house of the legislature.

Every bill must be presented to the Governor, for approval. If not approved must be returned with objections, and upon reconsideration, may be passed by a vote of two-thirds of each house. If not returned in ten days, Sundays excepted, it becomes a law unless the legislature prevent its return by adjournment, in which case it does not become a law. The same rule applies to all concurrent resolutions, except on questions of adjournment.


The constitution of this state also contains the following restrictions upon legislative power.

Neither slavery nor involuntary servitude shall ever be introduced into this state, except for the punishment of crimes of which the party shall have been duly convicted. The legislature shall pass no act of incorporation, unless with the assent of at least two-thirds of each house. Divorces shall not be granted by the legislature, but the legislature may by law authorize the higher courts to grant them, under such restrictions as they may deem expedient. No lottery shall be authorized by this state, nor shall the sale of lottery tickets be allowed.

$ 117. The declaration of rights contained inthe constitution of Arkansas provides :

“That the great and essential principles of liberty and free government may be recognized and unalterably established, we declare:

" That all freemen, when they form a social compact, are equal, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty; of acquiring, possessing, and protecting property and reputation; and of pursuing their own happiness.

“ That all power is inherent in the people; and all free governments are founded on their authority, and instituted for their peace, safety, and happiness. For the advancement of these ends, they have, at all times, an unqualified right to alter, reform, or abolish their government, in such manner as they may think proper.

“ That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; and no man can of right be compelled to attend, erect, or support any place of worship, or to maintain any ministry, against his consent. That no huinan authority can, in any case whatever, interfere

with the rights of conscience; and that no preference shall ever be given to any religious establishment or mode of worship.

“ That the civil rights, privileges, or capacities of any citizen, shall in nowise be diminished or enlarged, on account of his religion.

“That all elections shall be free and equal.

“ That the right of trial by jury shall remain inviolate.

“That printing presses shall be free to every person; and no law shall ever be made to restrain the rights thereof. The free communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write, and print, on any subject, being responsible for the abuse of that liberty.

“In prosecutions for the publication of papers investigating the official conduct of officers or men in public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libels the jury may have the right to determine the law and the facts. "That the people shall be secure in their


houses, papers, and possessions, from unreasonable searches and seizures; and that general warrants, whereby any officer may be commanded to search suspected places, without evidence of the fact committed, or to seize any person or persons not named, whose offences are not particularly described, and supported by evidence, are dangerous to liberty, and shall not be granted.

That no freeman shall be taken or imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed or deprived of bis life, liberty, or property, but by the judgment of his peers, or the law of the land.

" That in all criminal prosecutions, the accused hath a right to be heard by himself and counsel, to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face; to have compulsory process for obtaining witnesses in his favor; and in prosecutions by indictment or presentment, a speedy public trial by an impartial jury of the county or district in which the crime shall have been committed; and shall not be compelled to give evidence against himself.

“That no person shall, for the same offence, be twice put in jeopardy of life or limb.

" That all penalties shall be reasonable, and proportioned to the nature of the offence.

" That no man shall be put to answer any criminal charge, but by presentment, indictment, or impeachment.

" That no conviction shall work corruption of blood, or forfeiture of estate.

“ That all prisoners shall be bailable by sufficient securities, unless in capital offences, where the proof is evident, or the presumption great: and the privilege of the writ of habeas corpus shall not be suspended, unPoss, where in case of rebellion or invasion, the public safety may require it.

" That excessive bail shall in no case be required, nor excessive fines imposed.

“ That no ex post facto law, nor any law impairing the obligation of contracts, shall ever be made.

“ That perpetuities and monopolies are contrary to the genius of a republic, and shall not be allowed; nor shall any hereditary emoluments, privileges, or honors ever be granted or conferred in this state.

“ That the citizens have a right in a peaceable manner to assemble together for their common good, to instruct their representatives, and apply to those invested with

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