Des Arc citizen., 1866-12-22
sjority Report of the Senate Judi
 oiarY Committee.

T
 sfR. PRESIDENT: The committee on Ks judiciary, to whom was referred s preamble and resolution present.
 "a the question, as to what extent the #lcsent Constitution of the State of 3skansas repudiatcs, or makes void,
 c action of the authorities of said hie, between the 9th day of May, & Dl, and the adoption of the present
 t tsnstitution, more especially in the ~ Ne of land by her agents, during the
 3riod aforesaid; and instructing your Nmmittee to report what legislation Unnecessary, if any, to protect the per
 %ns who may be affected by the ssiestion, have had the same under \ %Insideraticn and asked leave to @I REPORT.
 Naat your committee do not deem itl Necessary to inquire into the circum- Mances attending the original forma- 3lan and adoption of the present Con- &Eitution of Arkansas but they assume that it is the supreme or Slnic law of the State. We have re- 3,gnized its authority, and have assem- ed at the capitol in obedience to it's ,mmands, to legislate for the we'll Icing of our people. Were it other- sljse, the action of this General As Esmbly, as such, would be of no bind zIlg force whatever. This Constitution, &,eaking then in the name and for the keople ofthe State of Arkansas, de- fares that the entire action of the late Convention of the State of Arkansas, fshich assembled in the city of Little lock, on the 4th day of March, 1861, Hull and void, and that the same never las binding and obligatory upon the |eople of the State; and further, that |ll the action of the State ofaArkansas, |nder the authority of said Conven- Ion, of its ordinances, or of it's Con- |titution, whether legislative, execu- live, judicial or military, except as |creinafter provided) were declared Enll and void. PROVIDED, that the ordinance so declaring, should not be To construed as TO AFFECT THE RIGHTS |F INDIVIDUALS, or change county Boundaries, or county seats or to make myalid the acts of justices of the peace. pr other officers, in their authority to Administer oaths, or take and certify Enc acknowledgements of deeds of con- Feyance or other instruments of wri- ling, or in the solemnization of mar |iages.
 Your committee have no difficulty Rbout the exceptions specifically emu |norated. They are unauestionably hot affected by the repudiating ordi- aance; but then what are we to under- |stand by the EXCEPTION, that the ordi- |nance should not be construed so as to Rfect the RIGHTS OF INDIVIDUALS? In the general and sweeping language of the ordinance, it is declared that all the action of the State of Arkansas. under the authority of the Convention, of it's ordinances, of it's Constitution, wheth- rr legislative, executive. judicial or military, is null and void, subject to the exceptions before mentioned. It Is difficult to define or limit what is meant by INDIVIDUAL RIGHTS. The language IS too vague, indefinite and ambiguous. All the rights pertaining to person and property are individual rights, and it is difficult to conceive of the exercise of legislative, executive, judicial or military authority without affecting thereby INDIVIDUAL RIGHTS :; and it is equally difficult to conceive how legitimate rights can be acquired under authority declared to be illegal and invalid.
 Your committee is of opinion that the exception in favor of the RIGHTS OF INDIVIDUALS IS roo VAGUE AND INDEFI- MITE TO MEAN ANYTHING SPECIALLY, and must therefore regard it as inope- rative and void. The conclusion fol- lows: That all action of the State, un- der the authority aforesaid. subject to the exceptions specifically enumerated, whether exercised directly or indi- rcctly, must be treated as null and void, and of no binding force whatever : and this in the opinion of your com mittee, applies as well to the sale of State lands by her agents, as to any other action under the authority of said Convention. It also follows that no legislation of this General Assembly can give effect or validity to these sales, or other acts consummated un- der said authority, because this would
 be in contravention of the supreme or ganic law, to which all our legislation must necessarily be subordinate.
 Your committee would observe. in conclusion. that the questions under consideration arc purely judicial ques- tions. and most proper for the courts to decide. They are advised that these questions will be brought before the
 supreme court at it's next sitting. and
 that an carly decision, iii all probabili-
 ty be had, which, when made, win be authoritative and conclusive.
 Regrctting their inability to recom- mend any legislation beneficial to par ties interested your committee res pectfully ask leave to be discharged from the further consideration of the
 subject. All of which is respectfully
 submitted.
 LESSEE TURNER.
 I.