                       ARKANSAS DECLARATION OF RIGHTS

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

                           DECLARATION OF RIGHTS

Section 1.  All political power is inherent in the people,  and government is 
instituted  for  their protection,  security and benefit;  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 acquiring,  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 remonstrance, 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 suspended; 
except  by  the General Assembly,  in case  of  rebellion,  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,  property 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 conferred 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 constitutional 
sanction;  and  private property shall not be taken,  appropriated or damaged 
for public use, without just compensation 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 consciences; 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 incidents, 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.
