ARKANSAS. The name of one of the new states of the United
States. It was admitted into the Union by the act of congress of
June 15th, 1836, 4 Sharsw. cont. of Story's L. U. S. 2444, by which
it is declared that the state of Arkansas shall be one, and is hereby
declared to be one of the United States of America, and admitted
into the Union on an equal footing with the original states in all
2. A convention assembled at Little Rock, on Monday, the 4th day
of January, 1836, for the purpose of forming a constitution, by
which it is declared that " We, the people of the Territory of Arkansas,
by our representatives in convention assembled, in order to secure
to ourselves and our posterity the enjoyments of all the rights
of life, liberty and property, and the free pursuit of happiness
do mutually agree with each other to form ourselves into a free
and independent state, by the name and style of `The State of Arkansas.'
" The constitution was finally adopted on the 30th day of January,
3. The powers of the government are divided into three departments;
each of them is confided to a separate body of magistry, to wit;
those which are legislative, to one; those which are executive,
to another and those which are judicial, to a third.
4. – 1. The legislative authority of the state is vested in a general
assembly, which consists of a senate and house of representatives.
Each house shall appoint its own officers, and shall judge of the
qualifications, returns and elections of its own members. Two-thirds
of each shall constitute a quorum to do business, but a smaller
number may adjourn from day to day, and compel the attendance of
absent members, in such manner, and under such penalties, as each
house shall provide. Sect. 15. Each house may determine the rules
of its own proceedings, punish its own members for disorderly behaviour,
and with the concurrence of two-thirds of the members elected, expel
a member; but no member shall be expelled a second time for the
same offence. They shall each from time to time publish a journal
of their proceedings, except such parts as, in their opinion, require
secrecy; and the yeas and nays shall be entered on the journal,
at the desire of any five members. Sect. 16.
5. The doors of each house while in session, or in a committee
of the whole shall be kept open, except in cases which may require
secrecy; and each house may punish by fine and imprisonment, any
person, not a member, who shall be guilty of disrespect to the house,
by any disorderly or contemptuous behaviour in their presence, during,
their session; but such imprisonment shall not extend beyond the
final adjournment of that session. Sect. 17.
6. Bills may originate in either house, and be amended or rejected
in the other and every bill shall be read on three different days
in each house, unless two-thirds of, the house where the same is
pending shall dispense with the rules : and every bill having passed
both houses shall be signed by the president of the senate, and
the speaker of the house of representatives. Sect. 81.
7. Whenever an officer, civil or military, shall be appointed by
the joint concurrent vote of both houses, or by the separate vote
of either house of the general assembly, the vote shall be taken
viva voce, and entered on the journal. Sect. 19.
8. The senators and representatives shall, in all cases except
treason, felony, or breach of the peace, be privileged from arrest,
during the session of the general assembly, and for fifteen days
before the commencement and after the termination of each session;
and for any speech or debate in either house, they shall not be
questioned in any other place. Sect. 20.
9. The members of the general assembly shall severally receive,
from the public treasury, compensation for their services, which
may be increased or diminished; but no alteration of such compensation
of members shall take effect during the session at which it is made.
10. – 1. The senate shall never consist of less than seventeen
nor more than thirty-three members. Art. 4, Sect. 31. The members
shall be chosen for four years, by the qualified electors of the
several districts. Art. 4, Sect. 5. No person shall be a senator
who shall not have attained the age of thirty years; Who shall not
be a free white male citizen of the United States; who shall not
have been an inhabitant of this state for one year; and who shall
not, at the time of his election, have an actual residence in the
district he may be chosen to represent. Art. 4, Sect. 6.
11. All impeachments shall be tried by the senate; and when sitting
for that purpose, the senators shall be on oath or affirmation to
do justice according to law and evidence. When the governor shall
be tried, the chief justice of the supreme court shall preside;
and no person shall be convicted without the concurrence of two-thirds
of the senators elected. Art. 4, Sect. 27.
12. – 2. 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 amounts
to seventy-five; and when they amount to seventy-five, they shall
not be further 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. The members are chosen
every second year, by the qualified electors of the several counties.
Art. 4, Sect. 2.
13. The qualification of an elector is as follows: he must 1, be
a free, white male citizen of the United States; 2, have attained
the age of twenty-one years; 3, have been a citizen of this state
six months; 4, be must actually reside in the county, or district
where he votes for an office made elective under this state or the
United States. But no soldier, seaman, or marine, in the army of
the United States, shall be entitled to vote at any election within
this state. Art. 4, Sect. 2.
14. No person shall be a member of the house of representatives,
who shall not have attained the age of twenty-five years; who shall
not be a free, white male citizen of the United States; who shall
not have been an inhabitant of this state one year; and who shall
not, at the time of his election, have an, actual residence in the
county he may be chosen to represent. Art. 4, Sect. 4.
15. The house of representatives shall have the sole power of impeachment.
Art. 4, Sect. 27.
16. 2. The supreme executive power of this state is vested in a
chief magistrate, who is styled " The Governor of the State of Arkansas."
Art. 5, Sect. 1.
17. – 1. He is elected by the electors of the representatives.
18. – 2. He must be 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 this 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. Art. 4,
19. – 3. The governor holds his office for the term of four years
from the time of, his installation, and until his successor shall
be duly qualified; but he is not eligible for more than eight years
in any term of twelve years. Art. 5, sect. 4.
20. – 4. His principal duties are enumerated in the fifth article
of the constitution, and are as follows: 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; s. 6:
He may require information, in writing, from the officers of the
executive department, on any subject relating to the duties of their
respective offices; s. 7. 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; s, 8. He shall, from time to time, give to the
general assembly information of the state of the government, and
recommend to their consideration such measures as he may deem expedient;
s. 9. He shall take care that the laws be faithfully executed s.
10. In all criminal and penal cases, except those of treason and
impeachment, he shall have power to grant pardons, after conviction,
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
reprieve sand pardons; and he may, in the recess of the senate,
respite the sentence until the end of the next session of the general
assembly s. 11. He is the keeper of the seal of the' state, which
is to be used by him officially; s. 12. 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 persons voting for or against
the bill, shall be entered on the journals of each house respectively.
If the 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 be had signed it, unless
the general assembly, by their adjournment, prevent its return;
in such case it shall not be a law; s. 16. 5. In case of the impeachment
of the governor, his removal from office, death, refusal to qualify,
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, shall return or be acquitted;
s. 18. If, during the vacancy of the office of governor, the president
of the senate shall be impeached, removed from office, refuse to
qualify, resign, die, or be absent from the state, the speaker of
the house of representatives shall, in like manner, administer the
government; s. 19.
2l. – 3. The judicial power of this state is vested by the sixth
article of the constitution, as follows
22. – 1. The judicial power of this state shall be vested in one
supreme court, in circuit courts, in county courts, and in justices
of the peace. The general assembly may also vest such jurisdiction
as may be deemed necessary, in corporation courts; and, when they
deem it expedient, may establish courts of chancery.
23. – 2. The supreme court shall be composed of three judges, one
of whom shall be styled chief justice, any two of whom shall constitute
a quorum and the concurrence of any two of the said judges shall,
in every case, be necessary to a decision. The supreme court, except
in cases otherwise directed by this constitution, shall have appellate
jurisdiction only, which shall be coextensive with the state, under
such rules and regulations as may, from time to time, be prescribed
by law; it shall have a general superintending control over all
inferior and other courts of law and equity it shall have power
to issue writs of error and Bupersedeas, certiorari and habeas corpus,
mandamus, and quo warranto, and other remedial writs, and to hear
and determine the same; said judges shall be conservators of the
peace throughout the state, and shall severally have power to issue
any of the aforesaid writs.
24. – 3. The circuit court shall have jurisdiction over all criminal
cases whicb shall not be otherwise provided for by law and exclusive
original jurisdiction of all crimes amounting to felony.at common
law; and original jurisdiction of all civil cases which shall not
be cognizable before justices of the peace, until otherwise directed
by the general assembly; and original jurisdiction in all matters
of contract) when the sum in controversy is over one hundred dollars.
It shall hold its terms at such place in each county, as may be
by law directed.
25. – 4. The state shall be divided into convenient circuits, each
to consist of not less than five, nor more than seven counties contiguous
to each other, for each of which a judge shall be elected, who,
during his continuance in office, shall reside and be a conservator
of the peace within the circuit for which he shall have been elected.
26. – 5. The circuit courts shall exercise a superintending control
over the county courts, and over justices of the peace, in each
county in their respective circuits; and shall have power to issue
all the necessary writs to carry into effect their general and specific
27. – 6. Until the general assembly shall deem it expedient to
establish courts of chancery, the circuit courts shall have jurisdiction
in matters of equity, subject to appeal to the supreme court, in
such manner as may be prescribed by law.
28. – 7. The general asserably shall, by joint vote of both houses,
elect the judges of the supreme and circuit courts, a majority of
the whole number in joint vote being necessary to a choice. The
judges of the supreme court shall be at least thirty years of age;
they shall hold their offices for eight years from the date of their
commissions. The judges of the circuit courts shall be at least
twenty-five years of age, and shall be elected for the term of four
years from the date of their commissions.
29. – 8. There shall be established in each county, a court to
be holden by the justices of the peace, and called the county court,
which shall have jurisdiction in all matters relating, to county
taxes, dishursements of money for county purposes, and in every
other case that may be necessary to the internal improvement and
local concerns of the respective counties.
30. – 9. There shall be elected by the justices of the peace of
the respective counties, a presiding judge of the county court,
to be commissioned by the governor, and hold his office for the
term of two years, and until his successor is elected or qualified.
He shall, in addition to the duties that may be required of him
by law, as presiding judge of the county court, be a judge of the
court of probate, and have such jurisdiction in matters relative
to the estates of deceased persons, executors, administrators, and
guardians, as may be prescribed by law, until otherwise directed
by the general assembly.
31. – 10. No judge shall preside in the trial of any cause, in
the event of which he may be interested, or where either of the
parties shall be connected with him by affinity or consanguinity,
within such degrees as may be proscribed by law, or in which he
shall have been of counsel, or have presided in any inferior court,
except by consent of all the parties.
32. – 11. The qualified voters in each township shall elect the
justices of the peace for their respective townships. For every
fifty voters there may be elected one justice of the peace, provided,
that each township, however small, shall have two justices of the
peace. Justices of the peace shall be elected for two years, and
shall be commissioned by the governor, and reside in the townships
for which they shall have been elected, during their continuance
in office. They shall have individually, or two or more of them
jointly, exclusive original jurisdiction in all matters of contract,
except in actions of covenant, where the sum in controversy is of
one hundred dollars and under. Justices of the peace shall in no
case have jurisdiction to try and determine any criminal case or
penal offence against the state; but may sit as examining courts,
and commit, discbarge, or recognize to the court having jurisdiction,
for further trial, offenders against the peace. For the foregoing
purposes they shall have power to issue all necessary process they
shall also bave power to bind to keep the peace, or for good behaviour.
ARM OF THE SEA. Lord Coke defines an arm of the sea to be
where the sea or tide flows or reflows. Constable's Case, 5 Co.
107. This term includes bays, roads, creeks, coves, ports, and rivers
where the water flows and reflows, whether it be salt or fresh.
Ang. Tide Wat. 61. Vide Creek; Haven; Navigable; Port; Reliction;
ARMISTICE. A cessation of hostilities between belligerent nations for
a considerable time. It is either partial and local, or general. It differs from
a mere suspension of arms which takes place to enable the two armies to bury
their dead, their chiefs to hold conferences or pourparlers, and the like.
Vattel, Droit des Gens, liv. 3, c. 16, 233. The terms truce, (q. v.) and
armistice, are sometimes used in the same sense. Vide Truce.
ARMS. Any thing that a man wears for his defence, or takes in his
hands, or uses in his anger, to cast at, or strike at another. Co. Litt. 161 b,
162 a; Crompt. Just. P. 65; Cunn. Dict. h. t.
2. The Constitution of the United States, Amendm. art. 2, declares, "that a
well regulated militia being necessary to the security of a free state, the
right of the people to keep and bear arms shall not be infringed." In Kentucky,
a statute " to prevent persons from wearing concealed arms," has been declared
to be unconstitutional; 2 Litt. R. 90; while in Indiana a similar statute has
been holden valid and constitutional. 3 Blackf. R. 229. Vide Story, Const. –
1889, 1890 Amer. Citizen, 176; 1 Tuck. Black. App. 300 Rawle on Const. 125.
ARMS, heraldry. Signs of arms, or drawings painted on shields,
banners, and the like. The arms of the United States are described in the
Resolution of Congress, of June 20, 1782. Vide Seal of the United States.
ARPENT. A quantity of land containing a French acre. 4 Hall's Law
ARPENTATOR, from arpent. A measurer or surveyor of land.
ARRAIGNMENT, crim. law practice. Signifies the calling of the
defendant to the bar of the court, to answer the accusation contained in the
indictment. It consists of three parts.
2. – 1. Calling the defendant to the bar by his name, and commanding him to
hold up his hand; this is done for the purpose of completely identifying the
prisoner, as the person named in the indictment; the holding20up his hand is
not, however, indispensable, for if the prisoner should refuse to do so, he may
be identified by any admission that he is the person intended. 1 Bl. Rep. 3.
3. – 2. The reading of the indictment to enable him fully to understand, the
charge to be produced against him; The mode in which it is read is, after'
saying, " A B, hold up your hand," to proceed, "you stand indicted by the name
of A B, late of, &c., for that you on, &c." and then go through the
whole of the indictment.
4. – 3. After this is concluded, the clerk proceeds to the third part, by
adding, " How say you, A B, are you guilty or not guilty?" Upon this, if the
prisoner, confesses the charge, the confession is recorded, and nothing further
is done till judgment if, on the contrary, he answers "not guilty", that plea is
entered for him, and the clerk or attorney general, replies that he is guilty;
when an issue is formed. Vide generally, Dalt. J. h. t.; Burn's J. h. t.;
Williams; J. h. t.; 4 Bl. Com. 322; Harg. St. Tr. 4 vol. 777, 661; 2 Hale, 219;
Cro. C. C. 7; 1 Chit. Cr. Law, 414.
ARRAMEUR, maritime law. The name of an ancient officer of a port,
whose business was to load and unload vessels.
2. In the Laws of Oleron, art 11, (published in English in the App. to 1 Pet.
Adm. R. xxv.) some account of arrameurs will be found in these words: " There
were formerly, in several ports of Guyenne, certain officers called arrameurs,
or stowers, who were master-carpenters by profession, and were paid by the
merchants, who loaded the ship. Their business was to dispose right, ana Stow
closely, all goods in casks, bales, boxes, bundles or otherwise to balance both
sides, to fill up the vacant spaces, and manage every thing to the best
advantage. It was riot but that the greatest part of the ship's crew understood
this as well as these stowers but they would not meddle with it, nor undertake
it, to avoid falling under the merchant's displeasure, or being accountable for
any ill accident that might.happen by that means. There were also sacquiers, who
were very ancient officers, as may be seen in the 14th book of the Theodosian
code, Unica de Saccariis Portus Romae, lib. 14. Their business was to load and
unload vessels loaded with salt, corn, or fish, to prevent the ship's crew
defrauding the merchant by false tale, or cheating him of his merchandize
otherwise." See Sacquier; Stevedore.
ARRAS, Span. law. The property contributed by the hushand, ad
sustinenda onera matrimonii, is called arras. The hushand is under no obligation
to give arras, but it is a donation purely voluntary. He is not permitted to
give in arras more than a tenth of his property. The arras is the exclusive
property of the wife, subject to the hushand's usufruct during his life. Burge
on the Confl. of Laws, 417.
2. By arras is also understood the donation which the hushand makes to his
wife, by reason or on account of marriage, and in consideration of the dote, or
portion, which be receives from her. Aso & Man. Inst. h. t. 7, c. 3.
ARRAY, practice. The whole body of jurors summoned to attend a court,
as they are arrayed or arranged on the panel. Vide Challenges, and Dane's Ab.
Index, h. t.; 1 Chit. Cr. Law, 536; Com. Dig. Challenge, B.
ARREARAGE. Money remaining unpaid after it becomes due as rent unpaid
interest remaining due Pow. Mortgages, Index, h. t.; a sum of money
remaining in the hands of an accountant. Merl. Rep. h. t.; Dane's
Ab. Index, h. t.