11. He is commander-in-ehief of the army and militia of the state, except when called into the service of the United States ; may require informa tion in writing from officers of the executive de partment, relative to their official duties; may con vene the general assembly, by proclamation, on extraordinary occasions, at the seat of government, or at a different place, if that shall, have become dangerous, since the last adjonrnment, from an enemy or contagious disease ; in case of disagree ment between the two houses with respect to the time of adjournment, may adjourn them to such time as he may think proper, not beyond the day of the next meeting of the general assembly; shall give them information of the state of the government, and recommend to their consideration such mea sures as he may deem expedient. He shall take care that the laws are faithfully executed ; in crimi nal and penal cases, except treason, where the consent of the senate is required, and impeachment, has power to grant pardons and remit fines, under such regulaticns as may be prescribed by law. He is the keeper of the seal of the state. All commis sions must be signed by him, sealed with the seal of the state, and attested by the secretary of state. He has the veto power.
12. When the governor is impeached or absent from the state, or the office is vacant, provision is made for the president of the senate or speaker of the house to act as governor. If the vacancy occur more than eighteen months before the expiration of his term, it is filled by writ of election to be issued by the acting governor. He is required to reside at the seat of government, and can hold no other office, civil or military, while governor. Coast. art. 5, sect. 1-23.
The Auditor and Treasurer nre elected by the general assembly for the term of two years, must keep their offices at the seat of government, and perform such duties as shall be prescribed by law.
The Judicial Power.
13. The Supreme Court is composed of three judges, one of whom is Styled chief justice ; and two of them constitute a quorum ; and the concur rence of two is necessary to a decision, except in cases otherwise directed by the constitution. The supreme court has appellate jurisdiction only, which is coextensive with the state, under such restric tions and regulations as may be prescribed by law. It has a general superintending control over all inferior courts of law and equity, and has power to issue writs of error and supersedeae, certiorari and habeas corpus, mandamus and quo wnrranto, and other remedial writs, and to hear and determine the same. The judges are conservators of the peace throughout the state, and severally have power to issue any of the above-mentioned writs.
The judges of the supreme court are elected by joint vote of both houses of the general assembly, and hold their offices for the term of eight years from the date of their commission, and until their successors are elected and qualified, Amend. Nov.
37, 1846 ; and must be at least thirty years of age. Their terms were so arranged, by classification of the judges first elected, as to cause one of them to be chosen every fourth, sixth, and eighth year. This court appoints its own clerk, or clerks, for the term of four years.
14. The Circuit Murt is composed of judges elected one from each of the districts into which the state is divided. A judge must be twenty-five years old, at least, and must he and continue a resi dent of the district during his term.
Judges of the circuit courts may temporarily ex change circuits or hold courts for each other, under such regulations as may be pointed out by law.
The general assembly has power to compel them to interchange circuits, either temporarily or permanently, under such regulations as may be provided by law. Amend. 1846.
This court has original jurisdiction over all criminal cases not otherwise provided for by law, and exclusive 'driginal jurisdiction of all crimes amounting to felciny at the common law, and ori ginal jurisdiction of all Civil cases which are not cognizable before justices of the peace, until other wise directed by the general assembly, and ori ginal jurisdiction in all matters of contract where the sum in controversy, exclusive of interest (1 Ark. 275), is over one hundred dollars. It holds its terms at such place and times in each county ae directed by law.
15. It exercises a superintending control over the county courts and justices of the peace in each county in their respective circuits, and has power to issue all the necessary writs to carry into effect their general and specific powers.
Until the general assembly deem it expedient to establish courts of chancery, the circuit courts have jurisdiction in matters of equity, subject to appeal to the supreme court in such manner as may be prescribed by law.
A county court, to be holden by the justices of the peace, is established in each county, which has jurisdiction in all matters relating to county taxes, disbursements of money for county pur poses, and in every other case that may be neces sary to the internal improvement and local con cerns of the respective counties.
16. A presiding judge of this court is elected by the qualified voters of each county for the term of two years, who, in addition to the duties that may be required of him by law as such pre siding judge, shall be a judge of the court of pro bate, and have such jurisdiction in matters relative to the estates of deceased persons, executors, ad ministrators, and guardians, as may be prescribed by law, until otherwise directed by the general assembly.