AKKANSAS. 



35 



for his people, their condition now would not 

 permit any such marriages. If it was pro- 

 posed to insert a provision of the kind, he 

 would move to amend by making it an offence 

 punishable with death for a white man to co- 

 habit with a negro woman." At another time 

 he observed on the same subject, that "there 

 was no danger of intermarriage, as the greatest 

 minds had pronounced it abhorrent to nature. 

 The provision would not cover the case, as the 

 laws must subsequently define who is a negro ; 

 and he referred to the law of North Carolina, 

 declaring persons negroes who have only one- 

 sixteenth of negro blood. White men had 

 created the difficulty, and it would now be im- 

 possible to draw the line which the gentleman 

 desired established." 



The new State constitution, as framed by the 

 committee previously appointed for that pur- 

 pose, having finally been put to the vote, was 

 adopted by 46 yeas against 20 nays. Its chief 

 provisions, which had also been the most hotly- 

 contested points of debate in the convention, 

 are the bill of rights, the article on elective 

 franchise, which is extended to the negroes 

 who are recognized politically and socially 

 equal to the whites in the State, and the article 

 on education, which is made common to the 

 children and youth of both races. The follow- 

 ing are extracts : 



BILL OF EIGHTS. Section 1. All political power is 

 inherent in the people. Government is instituted for 

 the protection, security, and benefit of the people, 

 and they have the right to alter or reform the same 

 whenever the public may require it. But the para- 

 mount allegiance of every citizen is due to the Fed- 

 eral Government in the exercise of all its constitu- 

 tional powers as the same may have been or may be 

 defined by the Supreme Court of the United States ; 

 and no power exists in the people of this or any other 

 State of the Federal Union to dissolve their connec- 

 tion therewith or perform any act tending to impair, 

 subvert, or resist the supreme authority of the United 

 States. The Constitution of the United States con- 

 fers full powers on the Federal Government to main- 

 tain and perpetuate its existence, and whensoever any 

 portion of the States, or the people thereof, attempt 

 to secede from the Federal Union, or forcibly resist 

 the execution of its laws, the Federal Government 

 may, by warrant of the Constitution, employ armed 

 force in compelling obedience to its authority. 



Sec. 3. The equality of all persons before the law 

 is recognized and shall ever remain inviolate ; nor 

 shall any ever be deprived of any right, privilege, or 

 immunity, nor exempted from any burden or duty 

 on account of race, color, or previous condition. 



FRANCHISE. Sec. 1. In all elections by the people 

 the electors shall vote by ballot. 



Sec. 2. Every male person born in the United States, 

 and every male person who has been naturalized or 

 has legally declared his intention to become a citizen 

 of the United States, who is twenty-one years old or 

 upward, and who shall have resided in the State six 

 months next preceding the election, and who at the 

 time is an actual resident of the county in which he 

 offers to vote, except as hereinafter provided, shall 

 be deemed an elector : Provided, No soldier or sailor 

 or marine in the military or naval service of the 

 United States shall acquire a residence by reason of 

 being stationed on duty in this State. 



Sec. 3. The following classes shall not be per- 

 mitted to register or hold office, namely : First, those 

 who during the rebellion took the oath of allegiance 



or gave bonds for loyalty and good "behavior to the 

 United States Government, and afterward gave aid. 

 comfort, or countenance to those engaged in armed 

 hostility to the Government of the United States, 

 either by becoming a soldier in the rebel annvj or by 

 entering the lines of said army, or adhering in any 

 way to the cause of rebellion, or by accompanying 

 any armed force belonging to the rebel army, or 

 by furnishing supplies of any kind to the same. 

 Second. Those who are disqualified as electors or 

 from holding office in the State or States from which 

 they came. Third. Those persons who during the 

 late rebellion violated the rules of civilized warfare. 

 Fourth. Those who may be disqualified by the pro- 

 posed amendment to the Constitution of the United 

 States known as article fourteen, and those who have 

 been disqualified from registering to vote for dele- 



ates to the convention to Irame a constitution for the 

 tate of Arkansas, under the act of Congress en- 

 titled " An act to provide for the more efficient gov- 

 ernment of the rebel States," passed March 2, 1867, 

 and the acts supplemental thereto. Fifth. Those 

 who shall have been convicted of treason, embezzle- 

 ment of public funds, malfeasance in oihce, crimes 

 punishable by law with imprisonment in. the peni- 

 tentiary, or bribery. Sixth. Those who are idiots or 

 insane : Provided, That all persons included in tho 

 first, second, third, and fourth subdivisions of this 

 section, who have openly advocated or who have 

 voted for the reconstruction proposed by Congress, 

 and accept the equality of all men before the law, 

 shall be deemed qualified electors under this consti- 

 tution. 



Sec. 4. The General Assembly shall have the power, 

 by a two-thirds vote of each House, approved by the 

 Governor, to remove the disabilities included in the 

 first, second, third, and fourth subdivisions of section 

 three of this article, when it appears that such per- 

 son applying for relief from such disabilities has in 

 good faith returned to his allegiance to the Govern- 

 ment of the United States : Provided, The General 

 Assembly shall have no power to remove the disa- 

 bilities of any person embraced in the aforesaid sub- 

 divisions who, after the adoption of this constitution 

 by the convention, persists in opposing the acts of 

 Congress and reconstruction thereunder. 



Sec. 5. All persons before registering or voting 



must take and subscribe the following oath : " I, 



, do solemnly swear (or affirm) that I will sup- 

 port and maintain the Constitution and laws of the 

 United States and the constitution and laws of the 

 State of Arkansas ; that I am not excluded from regis- 

 tering or voting by any of the clauses in the first, 

 second, third, or fourth subdivisions of Article VIII. 

 of the constitution of the State of Arkansas ; that I 

 will never countenance or aid in the secession of this 

 State from the United States ; that I accept the civil 

 and political equality of all men, and agree not to at- 

 tempt to deprive any person or persons, on account 

 of race, color, or previous condition, of any political 

 or civil right, privilege, or immunity enjoyed by any 

 other class of men ; and furthermore, that I will not 

 in any way injure, or countenance in others any at- 

 tempt to injure, any person or persons on account of 

 past or present support of the Government of the 

 United States, the laws of the United States, or the 

 principle of the political and civil equality of all men, 

 or for affiliation with any political party. 



EDUCATION. Sec. 1. A general diffusion of knowl- 

 edge and intelligence among all classes being essen- 

 tial to the preservation of the rights and liberties of 

 the people, the General Assembly shall establish and 

 maintain a system of free schools for the gratuitous 

 instruction of all persons in this State between the 

 ages of five and twenty-one years, and the funds ap- 

 propriated for the support of common schools shall Be 

 distributed to the several counties in proportion to 

 the number of children and youths therein between 

 the ages of five and twenty-one years, in such man- 

 ner as shall be prescribed by law, but no religious or 



