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The counties of Crawford and Scott shall compose one district, and elect one senator;

The counties of Conway and Van Buren shall compose one district, and elect one senator;

The counties of Pulaski, White, and Saline shall compose one district, and elect one senator;

The counties of Hot Spring, Clark, and Pike shall compose one district, and elect one senator;

The counties of Hempstead and Lafayette shall compose one district, and elect one senator;

The counties of Sevier and Miller shall compose one district, and elect one senator;

The counties of Chicot and Union shall compose one district, and elect one senator;

The counties of Arkansas and Jefferson shall compose one district, and elect one senator;

The counties of Phillips and Monroe shall compose one district, and elect one senator;

The counties of St. Francis and Greene shall compose one district, and elect one senator;

The counties of Crittenden and Mississippi shall compose one district, and clect one senator;

And the senate shall never consist of less than seventeen nor more than thirty-three members; and as soon as the senate shall meet after the first election to be held under the constitution, they shall cause the senators to be divided by lot, into two classes, nine of the first class and eight of the second class; and the seats of the first class shall be vacated at the end of two years from the time of their election, and the seats of the second class at the end of four years from the time of their election; in order that one class of the senators may be elected every two years.

32. An enumeration of the inhabitants of the state shall be taken under the direction of the general assembly, on the first day of January, one thousand eight hundred and thirty-eight, and at the end of every four years thereafter; and the general assembly shall, at the first session after the return of every enumeration, so alter and arrange the senatorial districts, that each district shall contain, as nearly as practicable, an equal number of free white male inhabitants: Provided, that Washington county, as long as the population shall justify the same, may, according to its numbers, elect more than one senator; and such districts shall then remain unaltered, until the return of another enumeration; and shall, at all times, consist of contiguous territory, and no county shall be divided in the formation of a senatorial district.

33. The ratio of representation in the senate shall be fifteen hundred free white male inhabitants to each senator, until the senators amount to twenty-five in number; and then they shall be equally apportioned upon the same basis throughout the state, in such ratio as the increased numbers of free white male inhabitants may require, without increasing the senators to a greater number than twenty-five, until the population of the state amounts to five hundred thousand souls; and when an increase of senators takes place, they shall, from time to time, be divided by lot, and classed as prescribed above.

31. The house of representatives shall consist of not less than fifty-four

nor more than one hundred representatives, to be apportioned among the several counties in this state, according to the number of free white male inhabitants therein, taking five hundred as the ratio, until the number of representatives anfount to seventy-five; and when they amount to seventy-five, they shall not be farther increased until the population of the state amounts to five hundred thousand souls: Provided, that each county now organized shall, although its population may not give the existing ratio, always be entitled to one representative; and until the first enumeration shall be taken, the representatives shall be apportioned among the several counties as follows:

The county of Washington shall elect six representatives.
The county of Scott shall elect one representative.
The county of Johnson shall elect two representatives.
The county of Pope shall elect two representatives.
The county of Conway shall elect one representative.
The county of Van Buren shall elect one representative.
The county of Carroll shall elect two representatives.
The county of Searcy shall elect one representative.
The county of Izard shall elect one representative.
The county of Independence shall elect two representatives.
The county of Crawford shall elect three representatives.
The county of Jackson shall elect one representative.
The county of Lawrence shall elect two representatives.
The county of Randolph shall elect two representatives.
The county of White shall elect one representative.
The county of Pulaski shall elect two representatives.
The county of Hot Spring shall elect one representative.
The county of Saline shall elect one representative.
The county of Clark shall elect one representative.
The county of St. Francis shall elect two representatives.
The county of Pike shall elect one representative.
The county of Hempstead shall elect two representatives.
The county of Miller shall elect one representative.
The county of Sevier shall elect one representative.
The county of Union shall elect one representative.
The county of Chicot shall elect two representatives.
The county of Arkansas shall elect one representative.
The county of Jefferson shall elect one representative.
The county of Monroe shall elect one representative.
The county of Phillips shall elect two representatives.
The county of Greene shall elect one representative.
The county of Crittenden shall elect one representative.
The county of Mississippi shall elect one representative.

And at the first session of the legislature, after the return of every enumeration, the representatives shall be equally divided and reapportioned among the several counties, according to the number of free white males in each county, as above prescribed.

Mode of amending the Constitution.

35. The general assembly may at any time propose such amendments to this constitution as two-thirds of each house shall deem expedient, which shall be published in all the newspapers published in this state,

three several times, at least twelve months before the next general election; and if, at the first session of the general assembly, after such general election, two-thirds of each house shall, by yeas and nays, ratify such proposed amendments, they shall be valid to all intents and purposes, as parts of this constitution: Provided, that such proposed amendments shall be read on three several days in each house, as well when the same are proposed as when they are finally ratified.

ARTICLE 5.

Executive Department.

1. The supreme executive power of this state shall be vested in a chief magistrate, who shall be styled the governor of the state of Arkansas. 2. The governor shall be elected by the qualified electors, at the time and places where they shall respectively vote for representatives.

3. The returns of every election for governor shall be sealed up and transmitted to the speaker of the house of representatives, who shall, during the first week of the session, open and publish them, in the presence of both houses of the general assembly. The person having the highest number of votes shall be governor; but if two or more shall be equal and highest in votes, one of them shall be chosen governor by the joint vote of both houses. Contested elections for governor shall be determined by both houses of the general assembly, in such manner as shall be prescribed by law.

4. The governor shall hold his office for the term of four years from the time of his installation, and until his successor shall be duly qualified; but shall not be eligible for more than eight years in any term of twelve years. He shall be at least thirty years of age, a native born citizen of Arkansas, or a native born citizen of the United States, or a resident of Arkansas ten years previous to the adoption of the constitution, if not a native of the United States; and shall have been a resident of the same at least four years next before his election.

5. He shall at stated times receive a compensation for his services, which shall not be increased or diminished during the term for which he shall have been elected; nor shall he receive, within that period, any other emolument from the United States, or any one of them, or from any foreign power.

6. He shall be commander-in-chief of the army of this state, and of the militia thereof, except when they shall be called into the service of the United States.

7. He may require information in writing from the officers of the executive department, on any subject relating to the duties of their respective officcs.

8. He may, by proclamation, on extraordinary occasions, convene the general assembly at the seat of government, or at a different place if that shall have become, since their last adjournment, dangerous from an enemy or from contagious diseases. In case of disagreement between the two houses with respect to the time of adjournment, he may adjourn them to such time as he shall think proper, not beyond the day of the next meeting of the general assembly.

9. He shall, from time to time, give the general assembly information

of the state of the government, and recommend to their consideration such measures as he may deem expedient.

10. He shall take care that the laws be faithfully executed.

11. In all criminal and penal cases, except in those of treason and impeachment, he shall have power to grant pardons after convictions, and remit fines and forfeitures, under such rules and regulations as shall be prescribed by law. In cases of treason, he shall have power, by and with the advice and consent of the senate, to grant reprieves and pardons; and he may, in the recess of the senate, respite the sentence until the end of the next session of the general assembly.

12. There shall be a seal of this state, which shall be kept by the governor, and used by him officially; and the present seal of the territory shall be the seal of the state, until otherwise directed by the general assembly.

13. All commissions shall be in the name and by the authority of the state of Arkansas; be sealed with the seal of the state, signed by the governor, and attested by the secretary of state.

14. There shall be a secretary of state elected by a joint vote of both houses of the general assembly, who shall continue in office during the term of four years, and until his successor in office be duly qualified. He shall keep a fair register of all the official acts and proceedings of the governor, and shall, when required, lay the same, and all papers, minutes, and vouchers relative thereto, before the general assembly; and shall perform such other duties as may be required by law.

15. Vacancies that may happen in offices, the election to which is vested in the general assembly, shall be filled by the governor during the recess of the general assembly, by granting commissions, which shall expire at the end of the next session.

16. Every bill which shall have passed both houses shall be presented to the governor; if he approve, he shall sign it; but if he shall not approve it, he shall return it, with his objections, to the house in which it shall have originated, who shall enter his objections at large upon their journals, and proceed to reconsider it. If, after such reconsideration, a majority of the whole number elected to that house shall agree to pass the bill, it shall be sent with the objections to the other house, by which, likewise, it shall be reconsidered; and, if approved by a majority of the whole number elected to that house, it shall be a law; but in such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each respectively. If any bill shall not be returned by the governor within three days, Sundays excepted, after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the general assembly, by their adjournment, prevent its return; in such cases, it shall not be a law.

17. Every order or resolution to which the concurrence of both houses may be necessary, except on questions of adjournment, shall be presented to the governor, and before it shall take effect, be approved by him, or, being disapproved, shall be repassed by both houses, according to the rules and limitations prescribed in the case of a bill.

18. In case of the impeachment of the governor, his removal from office, death, refusal to qualify, resignation, or absence from the state, the president of the senate shall exercise all the authority appertaining to

the office of governor, until another governor shall have been elected and qualified, or until the governor absent or impeached, return or be acquitted.

19. If, during the vacancy of the office of governor, the president of the senate shall be impeached, removed from office, refusal to qualify, resign, die, or be absent from the state, the speaker of the house of representatives shall in like manner administer the government.

20. The president of the senate and speaker of the house of representatives, during the time they respectively administer the government, shall receive the same compensation which the governor would have received, had he been employed in the duties of his office.

21. Whenever the office of governor shall become vacant, by death, resignation, removal from office, or otherwise, provided, such vacancy shall not happen within eighteen months of the end of the term for which the late governor shall have been elected, the president of the senate or speaker of the house of representatives, as the case may be, exercising the powers of governor for the time being, shall immediately cause an election to be held to fill such vacancy, giving, by proclamation,

sixty days' previous notice thereof, f, which election shall be governed by

the same rules prescribed for general elections of governor, as far as applicable. The return shall be made to the secretary of state, who, in presence of the acting governor, and the judges of the supreme court, or one of them at least, shall compare them, and, together with said acting governor, and judges, declare who is elected; and if there be a contested election, it shall be decided by the judges of the supreme court in manner to be prescribed by law.

22. The governor shall always reside at the seat of government.

23. No person shall hold the office of governor, and any other office or commission, civil or military, either in this state, or under any state, or the United States, or any other power, at one and the same time.

24. That there shall be elected, by the joint vote of both houses of the general assembly, an auditor and treasurer for this state, who shall hold their offices for the term of two years, and until their respective successors are elected and qualified, unless sooner removed, and shall keep their respective offices at the seat of government, and perform such duties as shall be prescribed by law; and, in case of vacancy by death, resignation, or otherwise, such vacancy shall be filled by the governor, as in other

cases.

Militia.

§ 1. The militia of this state shall be divided into convenient divisions, brigades, regiments, and companies, and officers of corresponding titles and rank elected to command them, conforming, as nearly as practicable, to the general regulations of the army of the United States.

2. Major-generals shall be elected by the brigadier-generals and field officers of their respective divisions; brigadier-generals shall be elected by the field officers and commissioned company officers of their respective brigades; field officers shall be elected by the officers and privates of their respective regiments; and captains and subaltern officers shall be elected by those subject to military duty in their respective companies.

3. The governor shall appoint the adjutant-general and other members of his staff; and major-generals, brigadier-generals and commandants of

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