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error have brought the cause before this court by writ of error, and assign for error, first, that the court erred in sustaining the demurrer to the defendant's plea, and second, a general assignment of error—thus presenting here for adjudication the constitutionality of the 6th section of the act of the legislature of the state of Arkansas, entitled "an act to provide for the manner of holding elections," approved May the 31st, A. D., 1864.

Before attempting to ascertain whether the 6th section of the act above referred to is in conflict with, and repugnant to the constitution of this state, we will attempt to define the limitations which that instrument imposes upon the powers of the legislative and other branches of the government of the state of Arkansas; how far and by what principles, legislative power is controlled under our form of government.

Legislation is the exercise of sovereign power, and under some forms of government, the power of the legislature is supreme, and uncontrolable, knows no limits, and is subject to no restrictions. The power and jurisdiction of parliament, says Sir Edward Coke, are so transcendant and absolute that they cannot be confined, either for causes or persons, within any bounds. In England, the powers of parliament are without limit, and are subject to no check; because, under that form of government, there is no written constitution or fundamental law, by which the validity of a statute can be tested; and all that can be said of it is, that it is an act of parliament and must be obeyed.

But such is not the case in America; for here, every state in the union has a written constitution, which defines to a certainty what the powers of each branch of the government are, and determines what rights the people have delegated to their representatives, and what they have retained or created for themselves by their organic law.

J., in Vanhone's Lessee vs. Dorance, 2 Dallas, 308, in defining what a constitution is, says: "It is the form of government delineated by the mighty hand of the people, in which certain first principles of fundamental laws are established. The