

                       ARKANSAS DECLARATION OF RIGHTS

              (Article II of the 1874 Constitution ofArkansas)
                               As amended to 1975

                                 ARTICLE II

                           DECLARATION OF RIGHTS

Sec. 1.   All political  power is inherent in the people,  and govern-
          ment is instituted for their protection, security and  bene-
          fit; and they have the right to alter reform or abolish  the
          same in such manner as they may think proper.

Sec. 2.   All men  are created equally free and independent,  and have
          certain inherent and  inalienable rights; amongst  which are
          those of enjoying and defending life and liberty; of acquir-
          ing, possessing and protecting property and reputation;  and
          of pursuing their  own happiness.   To secure these  rights,
          governments  are  instituted  among  men deriving their just
          powers from the consent of the governed.

Sec.  3.  The equality of all persons before the law is recognized and
          shall ever remain inviolate;  nor shall any citizen  ever be
          deprived of any right,  privilege or immunity; nor  exempted
          from any burden or duty on account of race color or previous
          condition.

Sec.  4.  The right  of the  people peaceably to assemble,  to consult
          for the Common good; and  to petition, by address or  remon-
          strance, the  government, or  any department  thereof, shall
          never be abridged.

Sec.  5.  The citizens of this state shall have the right to keep  and
          bear arms for their common defense.

Sec. 6.   The  liberty of  the press shall  forever remain  inviolate.
          The free communication  of thoughts and  opinions is one  of
          the invaluable  rights of  man; and  all persons  may freely
          write and  publish their  sentiments on  all subjects, being
          responsible for the  abuse of such  right.  In  all criminal
          prosecution for libel, the truth may be given in evidence to
          the  jury;  and,  if  it  shall  appear to the jury that the
          matter charged as libelous  is true, and was  published with
          good motives  and for  justifiable ends,  the party  charged
          shall be acquitted.

Sec. 7.   The right of trial by jury shall remain inviolate, and shall
          extend to all cases at law, without regard to the amount  in
          controversy; but a jury trial  may be waived by the  parties
          in allcases, in the manner prescribed by law.

Sec.  8.  No person shall  be held to answer a criminal charge  unless
          on the presentment or indictment of a grand jury, except  in
          cases of impeachment or  cases such as the  General Assembly
          shall make cognizable by  justices of the peace,  and courts
          of similar jurisdiction;  or Cases arising  in the army  and
          navy of the United States; or in the militia when in  actual
          service in time of war or public danger; and no person,  for
          the same offense, shall be twice put in jeopardy of life  or
          liberty; but if,  in any criminal  prosecution, the jury  be
          divided in opinion, the  court before which the  trial shall
          be  had,  may,  in  its  discretion, discharge the jury, and
          commit or  bail the  accused for  trial, at  the same or the
          next term of said Court;  nor shall any person be  compelled
          in any criminal case to be a witness against himself, nor be
          deprived of life, liberty  or property, without due  process
          of law.  All  persons shall, before conviction,  be bailable
          by sufficient  sureties, except  for capital  offenses, when
          the proof is evident or the presumption great.

Sec. 9.   Excessive  bail shall not  be required; nor shall  excessive
          fines be imposed; nor  shall cruel or unusual  punishment be
          inflicted; nor witnesses be unreasonably detained.

Sec. 10.  In all  criminal  prosecutions, the accused  shall enjoy the
          right to a speedy and public trial, by an impartial jury  of
          the county  in which  the crime  shall have  been committed;
          provided that the venue may  be changed to any other  county
          of the judicial district  in which the indictment  is found,
          upon the application of the  accused, in such manner as  now
          is, or may be prescribed by  law; and to be informed of  the
          nature and cause of the accusation against him, and to  have
          a  copy  thereof;  and  to  be confronted with the witnesses
          against  him;  to  have  compulsory  process  for  obtaining
          witnesses in his favor; and  to be heard by himself  and his
          counsel.

Sec. 11.  The privilege of the writ of habeas corpus shall not be sus-
          pended; except by  the General Assembly,  in case of  rebel-
          lion, insurrection, or invasion, when the public safety  may
          require it.

Sec. 12.  No power of suspending  or setting aside the law or laws  of
          the State,  shall ever  be exercised  except by  the General
          Assembly.

Sec. 13.  Every person is entitled to a certain remedy in the laws for
          all injuries or wrongs he may receive in his person, proper-
          ty  or  character;  he  ought  to obtain justice freely, and
          without purchase;  completely and  without denial;  promptly
          and without delay; conformably to the laws.

Sec. 14.  Treason against the State shall only consist in levying  and
          making war against the same, 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.

Sec. 15.  The right of the people of this State to be secure in  their
          persons, houses, papers,  and effects, against  unreasonable
          searches and seizures, shall not be violated; and no warrant
          shall issue, except upon  probable cause, supported by  oath
          or affirmation, and particularly describing the place to  be
          searched, and the person or thing to be seized.

Sec. 16.  No person shall be imprisoned for debt in any civil  action,
          or mesne or final process, unless in cases of fraud.

Sec. 17.  No  bill of attainder, ex  post facto law, or  law impairing
          the obligation  of contracts  shall ever  be passed;  and no
          conviction shall work corruption  of blood or forfeiture  of
          estate.

Sec. 18.  The  General  Assembly shall  not grant  to any  citizen, or
          class of citizens, privileges or immunities which, upon  the
          same terms, shall not equally belong to all citizens.

Sec. 19.  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  confer-
          red in this State.

Sec. 20.  No distinction shall  ever be made by law, between  resident
          aliens and citizens, in regard to the possession,  enjoyment
          or descent of property.

Sec. 21.  No person shall be taken or imprisoned, or disseized of  his
          estate, freehold, liberties  or privileges; or  outlawed, or
          in any manner destroyed,  or deprived of his  life, liberty,
          or property; except, by the judgment of his peers or the law
          of the land; nor shall any person, under any  circumstances,
          be exiled from the State.

Sec. 22.  The right of property is before and higher than any  consti-
          tutional sanction; and private property shall not be  taken,
          appropriated or damaged for public use, without just compen-
          sation therefor.

Sec. 23.  The State's ancient right of eminent domain and of taxation,
          is  herein  fully  and  expressly  conceded, and the General
          Assembly may delegate the  taxing power, with the  necessary
          restriction,  to  the  State's  subordinate  political   and
          municipal corporations, to the extent of providing for their
          existence, maintenance and well being, but no further.

Sec. 24.  All  men have  a natural and  indefeasible right to  worship
          Almighty God  according to  the dictates  of their  own con-
          sciences;  no  man  can,  of  right, be compelled to attend,
          erect, or support any place  of worship; or to maintain  any
          ministry against his  consent.  No  human authority can,  in
          any case or manner whatsoever, control or interfere with the
          right of conscience; and no preference shall ever be  given,
          by law, to any religious establishment, denomination or mode
          of worship, above any other.

Sec. 25.  Religion,  morality  and knowledge  being essential  to good
          government, the General  Assembly shall enact  suitable laws
          to  protect  every  religious  denomination in the peaceable
          enjoyment of its own mode of public worship.

Sec. 26.  No religious test shall ever be required of any person as  a
          qualification to vote or  hold office; nor shall  any person
          be rendered incompetent  to be a  witness on account  of his
          religious belief; but nothing  herein shall be construed  to
          dispense with oaths or affirmations.

Sec. 27.  There  shall be  no slavery in  this State, nor  involuntary
          servitude, except as  a punishment for  crime.  No  standing
          army shall be kept in time of peace; the military shall,  at
          all times be in strict subordination to the civil power; and
          no  soldier  shall  be  quartered  in  any  house, or on any
          premises,  without  the  consent  of  the  owner, in time of
          peace; nor in time of war, except in a manner prescribed  by
          law.

Sec. 28.  All  lands in  this State are  declared to be  allodial; and
          feudal tenures  of every  description, with  all their inci-
          dents, are prohibited.

Sec. 29.  This enumeration of rights shall not be construed to deny or
          disparage  others  retained  by  the  people;  and  to guard
          against any encroachments on the rights herein retained,  or
          any  transgression  of  any  of  the  higher  powers  herein
          delegated, we  declare that  everything in  this article  is
          excepted out of  the general powers  of the government;  and
          shall forever remain inviolate;  and that all laws  contrary
          thereto, or to the  other provisions herein contained  shall
          be void.




