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borne arms against the United States would not, as we will hereafter show, have worked a forfeiture of his right to vote until he had been convicted thereof by due process of law.

Then as to that part of the law that requires the voter to take an oath that he has not borne arms against this state since the 18th day of April, A. D. 1864.

To bear arms against the state of Arkansas, in the sense of the law under consideration, is to levy war against the state, and is treason, and as such is indictable, and upon due conviction thereof, the offender, by the law of this state, is punishable with death, and in that case there would be an end of his voting. But the offender cannot be convicted by an act of the legislature. That body, by the mere exercise of legislative authority, cannot declare a forfeiture. The legislature cannot enact, apply and execute a law. The same department under our form of government, cannot act as legislator, judge and executioner. Such a course would be in open and palpable violation of section 2, article III, of the constitution of the state of Arkansas, which ordains that, no person or collection of persons being of the one department of the government shall exercise any power belonging to either of the other departments, except in the instances hereinafter expressly directed or permitted: and the exception herein contained refers to trials by impeachment.

How, then, can a right or privilege be forfeited under our form of government?

The constitution of the state of Arkansas answers this interrogatory. Sections 10, and 14, of the bill of rights put the question forever at rest. The 10th section of the bill of rights declares that "no man shall be taken or imprisoned, or disseized of his freehold liabilities or privileges, or outlawed or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the judgment of his peers or the law of the land." And the 11th section of the bill of rights provides that "no man shall be put to answer any criminal charge, but by presentment, indictment or impeachment, except as hereinafter provided,"