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cession from the United States, laws may be passed extending to the inhabitants of such territory all the rights and privileges which may be required by the terms of such cession, any thing in this constitution to the contrary notwithstanding.
11. The person of a debtor, except where there is strong presumption of fraud, shall neither be imprisoned nor continued in prison after delivering up his estate for the benefit of his creditors, in such manner as may be prescribed by law.
Revenue. § 1. All revenue shall be raised by taxation, to be fixed by law.
2. All property subject to taxation shall be taxed according to its value, that value to be ascertained in such manner as the general assembly shall direct, making the same equal and uniform throughout the state. No one species of property from which a tax may be collected, shall be taxed higher than another species of property of equal value: Provided, the general assembly shall have power to tax merchants, hawkers, pedlers, and privileges, in such manner as may from time to time be prescribed by law : and provided further, that no other or greater amounts of revenue shall at any time be levied, than required for the necessary expenses of government, unless by a concurrence of two-thirds of both houses of the general assembly.
3. No poll tax shall be assessed for other than county purposes.
4. No other or greater tax shall be levied on the productions or labour of the country than may be required for expenses of inspection.
Establishment of Banks. § 1. The general assembly may incorporate one state bank, with such amount of capital as may be deemed necessary, and with such number of branches as may be required for public convenience, which shall become the repository of the funds belonging to, or under the control of, the state; and shall be required to loan them out throughout the state, and in each county, in proportion to representation; and they shall further have power to incorporate one other banking institution, calculated to aid and promote the great agricultural interests of the country; and the faith and credit of the state may be pledged to raise the funds necessary to carry into operation the two banks herein specified : Provided, such security can be given by the individual stockholders as will guaranty the state against loss or injury.
SCHEDULE. $ 1. That no inconvenience may arise from the change of government we declare that all writs, actions, prosecutions, judgments, claims, and contracts of individuals and bodies corporate, sħall continue as if no change had taken place; and all process which may be issued under the authority of the territory of Arkansas previous to the admission of Arkansas into the union of the United States, shall be as valid as it issued in the name of the state.
2. All laws now in force in the territory of Arkansas, which are not repugnant to this constitution, shall remain in force until they expire by their own limitations, or be altered or repealed by the general assembly.
3. All fines, penalties, and escheats, accruing to the territory of Arkansas, sliall accrue to the use of the state.
4. All recognisances heretofore taken, or which may be taken before
the change of territorial to a permanent state government, shall remain valid, and shall pass over to, and may be prosecuted in the name of the state; and all bonds executed to the governor of the territory, or to any other officer or court, in his or their official capacity, shall pass over to the governor, or state authority, and their successors in office, for the uses therein respectively expressed ; and may be sued for and recovered accordingly. All criminal prosecutions and penal actions, which may have arisen, or which may arise, before the change from a territorial to a state government, and which shall then be pending, shall be prosecuted to judgment and execution in the name of the state. All actions at law which now are, or may be pending in any of the courts of record in the territory of Arkansas, may be commenced in or transferred to any court of record of the state, which shall have jurisdiction of the subject-matter thereof; and all suits in equity may, in like manner, be commenced in or transferred to the court having chancery jurisdiction.
5. All officers, civil and military, now holding commissions under authority of the United States, or of the territory of Arkansas, shall con. tinue to hold and exercise their respective offices until they shall be superseded under the authority of the state.
6. The first session of the general assembly of the state of Arkansas shall be held at the city of Little Rock, which shall be and remain the seat of government, until otherwise provided for by law.
7. Elections shall be held at the several precincts, on the first Monday of August next, for a governor; also one representative to the congress of the United States; also for senators and representatives to the next general assembly, clerks of the circuit and county courts, sheriffs, coroners, county surveyors and treasurers, justices of the peace, and constables.
8. The next general assembly shall be holden on the second Monday of September next.
9. The election shall be conducted according to the existing laws of the territory of Arkansas; and the returns of all township elections held in pursuance thereof, shall be made to the clerks of the proper counties, within five days after the day of election. The clerks of the circuit courts of the several counties shall immediately thereafter certify the returns of the election of governor, and transmit the same to the speaker of the house of representatives, at the seat of government, in such time that they may be received on the second Monday of September next. As soon as the general assembly shall be organized, the speaker of the house of representatives and the president of the senate shall, in the presence of both houses, examine the returns, and declare who is duly ele.ted to fill that office; and, if any two or more persons shall have an equa. number of votes, and a higher number than any other person, the genera assembly shall determine the election by a joint vote of both houses. And the returns of the election for member to congress shall be made to the secretary of state, within thirty days after the day of election.
10. The oaths of office may be administered by any judge or justice of the peace, Until the general assembly shall otherwise direct.
Done by the representatives of the people of Arkansas, in convention assembled, at the city of Little Rock, on the 30th day of January, in the year of our Lord 1836 and of the independence of the United States the 60th year.
TO THE CONSTITUTION OF MARYLAND, ADOPTED MARCH 10, 1837
§ 1. TRE term of office of the members of the present senate shall end and be determined whenever, and as soon as a new senate shall be elected as hereinafter provided, and a quorum of its members shall have qualificd as directed by the constitution and laws of this state.
2. At the December session of the general assembly for the year of our Lord, eighteen hundred and thirty-eight, and forever thereafter, the senate shall be composed of twenty-one members, to be chosen as hereinafter provided, a majority of whom shall be a quorum for the transaction of business.
3. At the time and place of holding elections in the several counties of this state, and in the city of Baltimore, for delegates to the general assembly for the December session of the year eighteen hundred and thirty-eight, and under the direction of the same judges by whom such elections for delegates shall be held, an election shall also be held in each of the several counties of this state and in the city of Baltimore respectively, for the purpose of choosing a senator of the state of Maryland for and from such county or said city, as the case may be, whose term of office shall commence on the day fixed by law for the commencement of the regular session of the general assembly, next succeed. ing such election, and continue for two, four, or six years, according to the classification of a quorum of its members ; and at every such election for senators, every person qualified to vote at the place at which he shall offer to vote for delegates to the general assembly, shall be entitled to vote for one person as senator ; and of the persons voted for as senator in each of the several counties and in said city, respectively, the person having the highest number of legal votes, and possessing the qualifications hereinafter mentioned, shall be declared and returned as duly elected for said county or said city, as the case may be; and in caso two persons possessing the required qualifications shall be found on the final casting of the votes given, in any one of said counties or said city, to have an equal number of votes, there shall be a new election ordered as hereinafter mentioned; and immediately after the senate shall have convened in pursuance of their election under this act, the senators shall be divided in such manner as the senate shall prescribe, into three classes; the seats of the senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth } year, so that one-third thereof may be elected on the first Wednesday of October in every second year, and elections shall be held in the severat countics and city, from which the retiring senators came, to supply the vacancies as they may occur in consequence of this classifi. cation.
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4. Such election for senators shall be conducted, and the returns thereof be made, with proper variations in the certificate to suit the case, in like manner as in cases of elections for delegates.
5. The qualifications necessary in a senator shall be the same as are required in a delegate to the general assembly, with the additional quali. fication that he shall be above the age of twenty-five years, and shall have resided at least three years, next preceding his election, in the county or city in and for which he shall be chosen.
6. In case any person who shall have been chosen as a senator, shall refuse to act, remove from the county or city, as the case may be, for which he shall have been elected, die, resign, or be removed for cause, or in case of a tie between two or more qualified persons in any one of the counties or in the city of Baltimore, a warrant of election shall be issued by the president of the senate for the time being, for the election of a senator to supply the vacancy, of which ten days notice at the least, excluding the day of notice and the day of election, shall be given.
7. So much of the thirty-seventh article of the constitution as provides that no senator or delegate to the general assembly, if he shall qualify as such, shall hold or execute any office of profit during the time for which he shall be elected, shall be and the same is hereby repealed.
8. No senator or delegate to the general assembly shall, during the time for which he was elected, be appointed to any civil office under the constitution and laws of this state, which shall have been created, or the emoluments whereof shall have been increased during such time; and no senator or delegate, during the time he shall continue to act as such, shall be eligible to any civil office whatever.
9. At the election for delegates to the general assembly, for the De. cember session of the year of our Lord eighteen hundred and thirtyeight, and at each succeeding election for delegates, until after the next census shall have been taken and officially promulged, five delegates shall be elected in and for Baltimore city, and one delegate in and for the city of Annapolis, until the promulging of the census for the year eighteen hundred and forty, when the city of Annapolis shall be deemed and taken as a part of Anne Arundel county, and her right to a separate delegation shall cease ; five delegates in and for Baltimore county; five delegates in and for Frederick county, and four delegates in and for Anne Arundel county, and four delegates in and for each of the several counties respectively, hereinafter mentioned, to wit: Dorchester, Somer. set, Worcester, Prince George's, Harford, Montgomery, Carrol, and Washington; and three delegates in and for each of the several countos respectively, hereinafter next mentioned, to wit: Cecil, Kent, Queen Anne's, Caroline, Talbot, Saint Mary's, Charles, Calvert, and Allegany.
10. From and after the period when the next census shall have been taken and officially promulged, and from and after the official promul. gation of every second census thereafter, the representation in the house of delegates from the several counties and from the city of Baltimore, shall be graduated and established on the following basis; that is to say, every county which shall have by the said census a population of less than fifteen thousand souls, federal numbers, shall be entitled to elect three delegates; every county having a population by the said census of fifteen thousand souls, and less than twenty-five thousand souls, fede. ral numbers, shall be entitled to elect four delegates; and every county having by the said census a population of twenty-five thousand, and less than thirty-five thousand souls, federal numbers, shall be entitled to elect five delegates; and every county having a population of upwards of thirty-five thousand souls, federal numbers, shall be entitled to elect six delegates; and the city of Baltimore shall be entitled to elect as many delegates as the county which shall have the largest representation, on the basis aforesaid, may be entitled to elect; provided, and it is hereby enacted, that if any of the several counties hereinbefore mentioned, shall not, after the said census for the year eighteen hundred and forty shall have been taken, be entitled by the graduation on the basis aforesaid to a representation in the house of delegates equal to that allowed to such county by the ninth section of this act, at the election of delegates for the December session of the year eighteen hundred and thirty. eight, such county shall, nevertheless, after said census for the year eighteen hundred and forty, or any future census, and forever thereafter, be entitled to elect the number of delegates allowed by the provisions of said section for the said session, but nothing in the proviso contained, shall be construed to include in the representation of Anne Arundel county, the delegate allowed to the city of Annapolis in the said ninth section of this act.
11. In all elections for senators, to be held after the election for dele. gates, for the December session eighteen hundred and thirty-seven, the city of Annapolis shall be deemed and taken as part of Anne Arundel county.
12. The general assembly shall have power from time to time to regu. late all matters relating to the judges, time, place, and manner of hold. ing elections for senators and delegates, and of making returns thereof, and to divide the several counties into election districts, for the more convenient holding of elections, not affecting their terms or tenure of office.
13. So much of the constitution and form of government as relates to the council to the governor, and to the clerk of the council, be abrogated, abolished, and annulled, and that the whole executive power of the government of this state shall be vested exclusively in the gover. nor, subject nevertheless to the checks, limitations, and provisions, hereinafter specified and mentioned.
14. The governor shall nominate, and by and with the advice and consent of the senate, shall appoint all officers of the state whose offices are or may be created by law, and whose appointment shall not be otherwise provided for by the constitution and form of government, or by any laws consistent with the constitution and form of government; provided, that this act shall not be deemed or construed to impair in any manner the validity of the commissions of such persons as shall be in office under previous executive appointment, when this act shall go into operation, or alter, abridge, or change, the tenure, quality, or duration of the same, or of any of them.
15. The governor shall have power to fill any vacancy that may occur in any such offices during the recess of the senate, by granting com. missions which shall expire upon the appointment of the same person, or any other person, by and with the advice and consent of the senate, to the same office, or at the expiration of one calendar month, ensuing