North Carolina Newspapers

r'' Ue ISS est er n cm o c tr it 1, (SLixtxvlolte, t ij i tl3 'i , S IS ft , 1 f i ft '4 6 Ml i 5 1 is ill if: if an V, 1 I I l I CONSTITUTION Of OXrox-tla. Carolina, Ad"pted by the late State Convention. .PREAMBLE. We the people of the State of North Carolina, grate ful to Almighty God, the Sovereign Ruler of Nations, .forthepreservation oftbe American Union, and tLe cx iftcscc of our civil, political and religious liberties, and acknowledging our dependence upon Him, for the continuance of those blessings to us and our pos terity, do, for the more certain .security thereof, and for the better government of this State, ordain and establish this Constitution, ARTICLE I. Declaration or Rights. That the great, general and essential principles of liberty and free government, may be recognized and established, and that the relations of this State to the Union and government of the United States, and those of the people of this State to the rest of the American jpeople, may be defined and affirmed, we do declare : Section 1. That we hold it to be self-evident that all men are created equal ; that they are endowed "by their Creator with certain unalienable rights, that among -these are life, liberty, The enjoyment of -thefruits of their own labor, and the pursuit of hap piness. Sec. 2. That all political power is vested in, .and derived from the people; all government-of right originates from the people, is founded upon their will only, and is instituted solely for the good of the whole. Sec. 3. That the people of this -Slate have the in herent, sole And exclusive right of regulating the in ternal goverxineJit and policy thereof, and of altering and abolishing their Constitution and form of govern ment, whenever it may be necessary to their safety tnd happiness, but every such right should be ex ercised in pursuance of law, and consistently with the Constitution of the United States. Sec. 4. That this State shall ever remain a member of the American Union, that the people thereof are part of the American nation; that there is no right on the part of this State to secede, and that all at tempts from whatever source or upon whatever pre text, .todhwolve said Union, or to sever said nation, ought to be resisted with the whole power of the State. Sec. 5. That every citizenof this State owes para mount allegiance to the Constitution and Government -of the Unite! Stales, and that no law or ordinance of .the State in contravention or subversion thereof, can have any binding force. Sec. b'. To maintain the honor and good faith of the State untaruished, the public debt, regularly con tracted before and since the rebellion, shall be re garded as inviolable and never be questioned; but the State shall never assume or pay, or, authorize the collection of, any debt or obligation, exprcsed or implied, incurred in aid of insurrection or r bellion against the United States, or any claim for the loss or emancipation of any slave. See. 7. No man or set of men are entitled to exelti Jive or separate emoluments or privileges from the community but in consideration of public services. Sec. 8. The Legislative, Executive and Supreme Judicial powers of the government ought to be for ever separate and distinct from each other. Sec. 1. All power of suspending laws, or thecxecu tion of laws, by any authority, without the consent of the representatives of the people, is injurious to their rights and ought not to be exercised. Sec. 10. All elections ought to be free. Sec. 11. In all criminal prosecutions, every man has the right to be informed of the accusation against him and to confront the accusers and witnesses with other testimony, and to have counsel for his defence, and not be compelled to give evidence against himself, r to pay costs, jail fees, or necessary witness fees of the defenee unless found guilty. Sec. 12. No person shall be put to answer any criminal charge, except as hereinafter allowed, but by indictment, presentment, or impeachment. Sec 13. No person shall be convicted of any crime hut by the unanimous verdict of a jury of good and lawful men in open court. The Legislature may, however, provide other means of trial, for petty mis demeanors with the right of appeal Sec. 14. Excessive bail should not be required, nor excessive fines imposed, nor cruel or unusual punish ments inflicted. Bee. 15. General warrants, whereby any officer or fnessenger may be commanded to search suspected places, without evidence of the act committed, or to jeize any person or persons not named, whose offence ja not particularly described and supported by evi dence, arc dangerous to liberty and ought not to be granted. Sec. 16. There shall he no imprisonment for debt In this State except in cases of fraud. Sec. 17. No person ought to be taken, imprisoned or disseized of his freehold, liberties or privileges, or outlawed, or exiled, or in any manner deprived of his life, liberty, or property, but by the law of the land. Sec. 18. Every person restrained of his liberty, is entitled to a remedy to inquire into the lawfulness thereof, and to remove the same, if unlawful ; and auch remedy ought not to be denied or delayed. Sec. 10. In all controversies at law respecting pro perty, the ancient mode of trial by jury is one of the best securities of the rights of the people, and ought to remain eacred and inviolable. Sec. 20. The freedom of the press is one of the great bulwarks of liberty, and therefore ought never to be restrained, but every individual shall be held responsible for the abuse of the same. Sec. 21. The privilege of the writ of habeas corpus hall not be suspended. Sec. 22. As political rights and privileges are not dependent upon or modified by property, therefore no property qualification ought to effect the right to vote or hold cilice. Sec. 23 The people of this State ought not to be taxed, or made subject to the payment of any impost or duty, without the consent of themselves, or their representatives in General Assembly freely given. Sec. 24. A well regulated militia being neeessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed ; and as standing armies, in time of peaee, arc dangerous to liberty, they ought not to be kept up, and the military should be kept under strict subordination to, and governed by, the eivil power. Sec. 25. The people have a right to aseemhlc to gether .to consult for their common good, to instruct their representatives, and to apply to the Legislature for redress of grievances. Sec. 20. All men have a natural and unalienable right to worship Almighty God according to the dic tates of their own consciences, and uo human author ity should, in any case whatever, control or interfere with the rights of conscience. See. 27. The people have a right to the privileges cf education, and it is the duty of the State to guard and maintain that right. Sec. 28. For redress of grievances and for amend ing and strengthening the laws, elections should be often held. Sec. 20. A frequent recurrence to fundamental principles is absolutely necessary to preserve the blessings of liberty. 5ec. 30. No hereditary emoluments, privileges, or fconors ought to be granted or conferred in this State. Sec. 31, Perpetuities and monopolies arc contrary to the genius of a free State, and ought not to be allowed. Sec. 32, Retrospective law, punishing nets com mitted before the existence of such laws, and by them only declared criminal, are oppressive, unjust and incompatible with liberty, wherefore, no tx post facto law ought to be made. No law taxing retrospective ly, sales, purchases, or other acta previously done, ought to be passed. See. 33. SJavcry and involuntary servitude, other win than for crini whereof the parties f hall have been duly convicted shall be, and are hereby forever prohibited within this Stale. Sec. 34. The limits and boundaries cf the State hall be and remain as they now are. Sec. 35. All courts shall be open, and every person for an injury done him in bis lauds, goods, person or reputation, shall have remedy by due course of law and right and justice administered without rale, de . nial or dcly. Sec. SC. No soldier shall in time of peace be quar tered in any house without the consent of the owner, nor in time of war, but in a manner prescribed by Sec. 37, ia. enumeration of rights shall not be . construed tsTImpair or deny others, retained by the .people, and all powers not herein delegated remain .with the people. ARTICLE II. LEGISLATIVE DlMBTafCKT. JleeHya 1. The Legislative authority shall be vei-ted in two distinct branches, both dependent -on the peo ple, to wit : a Senate and House of Representatives. . T, Ti a - . ! Sec. IL Tbe Senate ana xiouse oi iepreeaiau-c shall meet annually on the third Monday in Novem ber, and when assembled, shall be denominated the General Assembly. Neither House shall proceed upon public business, -unless a majority of all the members are actually present. Sec. 3. The Senate shall be composed of fifty Sen ators biennially chosen by ballot. Sec. 4. Until the first session of the General As sembly which shall be had after the year 1871, the Senate shall be composed of members elected from Districts constituted as follows: 1st District rerquimans, Chowan, Pasquotank, Currituck, Gates and Camden, shall elect 2 Senators. 2d District Martin, Washington and Tyrrell, one Senator. 3d District Beaufort and Hyde, one Senator. 4th District Northampton, one Senator. 6th District Bertie and Hertford, one Senator. 6 th District Halifax, one Senator. 7th District Edge- ombe, one Senator, gth District Pitt, one senator. 9lh District Nash and Wilson, one senator. 10th District Craven and Carteret, two senators. 1 1th District Jones and Lenoir, one senator. 12th District Duplin and Onslow, one senator. 13th District Brunswick and New Hanover, two senators. 14th District Bladen and Columbus, one senator. 15th District Robeson, one senator. ICth District Cumberland, Harnett and Sampson, two senators. 17th District Johnson, one senator. 18th District Greene aud Wayne, one senator. 10th District Franklin and Wake, two senators. 20th District Warren, one senator. 21 et District Granville and Person, two senators. 22d District Orange, one senator. 23d District Chatham, one senator. 24th District Caswell, one senator. 25th District Rockingham, one senator. 26th District Alamance .and Guilford, 2 senators- 27th District Randolph and Montgomery, one senator. 2Hth District Moore and Richmond, one senator. 2th District Anson and Union, one senator. 30th District Mecklenburg, one senator. 31st District Cabarrus and Stanly, one senator. C2d District Davie and Rowan, one senator. 33d District Davidson, one senator. 34th District Forpythe and Stokes, one senator. 35th District Surry and Yadkin, one senator. SGth District Alexander and Iredell, one senator. 37th District Catawba, Gaston and Liucoln, one senator 38th District Cleaveland, Folk and Rutherford, one senator. 30th District Alleghany, Ashe and Wilkes, one senator. 40th District Buncombe, Henderson and Transyl vania, one senator. 41st District Burke, Caldwell and Watauga, one senator. 42d District Madison, Mitchell, McDowell and Yancey, one senator. 43d District Clay, Cherokee, Haywood, Jackson and Macon, one senator. Sec 5. An enumeration of the inhabitants of the State shall be taken under the direction of the Gen eral Assembly, in the year one thousand eight hun dred aud seventy-five, and at the end of every ten years thereafter; and the said Senate Districts shall be so altered by the General Assembly at the first session after the return of every enumeration taken as aforesaid, or by order of Congress. That each Senate District shall contain as nearly as may be an equal number of inhabitants excluding aliens and In dians not taxed, and shall remain unaltered until the return of another enumeration, and shall at all times consist of contiguous territory and no county shall be divided into the formation of a Senate District unless such county shall be equitably entitled to two or more Senators Sec G. The House of Representatives shall be com posed of one hundred and twenty Representatives, biennially chosen by ballot, to be elected by the counties respectively, according to their population, and each county shall have at least one Representa tive in the House of Representatives, although it may uot contain the requisite ratio of representation; this apportionment shall be made by the General Assem bly at the respective times and periods when the Districts for the Senate are hereinbefore directed to bo laid off. Sec 7. In making the apportionment in the House of Representatives the ratio of representation shall be ascertained by dividing the amount of the popula tion of the State, exclusive of that comprehended within those counties which do not severally contain the one hundred and twentieth part of the population of the State, by the number of Representatives, less the number assigned to such counties ; and. in ascer taining the number of the population of the State, aliens and Indians not taxed, shall not be included To each county containing the said ratio and not twice the said ratio there shall be assigned one rep resentative ; to each county containing twice but not three times the said ratio, there shall be assigned two representatives, and so on progressively, and then the remaining representatives shall be assigned severally to the couuties having the largest fractions Sec 8 Until the General Assembly shall have made the apportionment as hereinbefore provided, the House of Representatives shall be composed of members elected from the counties in the following manner, to wit : The county of Wake shall elect four members; the counties of Craven, Granville, Halifax and New Han over shall elect three members each ; the counties of Caswell, Chatham, Cumberland, Davidson, Duplin, Edgecombe, Franklin, Guilford, Iredell, Johnston, Mecklenburg, Northampton, Orange, Pitt, Randolph, Robeson, Rockingham, Rowan, Warren and Wayne shall elect two members each; the counties of Ala mance, Alexander, Alleghany, Anson, Ashe, Beau fort, Bertie. Bladen, Brunswick, Buncombe, Burke, Cabarrus, Caldwell, Camden, Carteret, Catawba, Cherokee, Chowan, Clay, Cleaveland, Columbus, Cur rituck, Davie, Forsyth, Gasion, Gates, Green, Har nett, Henderson, Haywood. Hertford. Hyde, Jackson, Jones. Lenoir, Lincoln, Macon, Madison, Martin, McDowell, Mitchell, Montgomery, Moore, Nash, Ons low, Pasquotauk, Perquimans. Person, Polk. Rich mond, Rutherford, Sampson, Stanley, Stokes, Surry, Transylvania, Tyrrell, Union, Washington, Watauga, Wilkes, Wilson, Yadkin and Yancey shall elect one member each. Sec 9. Each member of the senate shall be not less thau twenty-five years of age, shall have resided in the State as a citizen two years, aud shall have usunl'y resided in the District for which he is chosen, one year immediately preceding his election. Sec 10 Each member of the House of Represen tatives shall be a qualified elector of the State, and shall have resided in the county for which he is chosen for one year immediately preceding his elec tion Sec. 11 In the election of all officers, whose ap pointment shall be conferred upon the General As sembly by the Constitution, the vote shall be rr voce. Sec. 12 The General Assembly shall have power to pass general laws regulating divorce and alimony, but shall not have power to grant a divorce or secure alimony in any individual case Sec 13 The General Assembly shall not have power to pass any private law to alter the name of any person, or to legitimate any person not born in lawful wedlock, or to restore to the rights of citizen ship any person convicted of any infamous crime, but shall have power to pass general Iswb regulating the same. Sec. 14 The General Assembly shall not pass any private law, unless it shall be made to appear that thirty days notice of application to pass such law shall have been given under such direction, and in such manner as shall be provided by law. Sec 15. If vacancies shall occur in the General Assembly by death, resignation, or otherwise, writs of election hall be issued by the Governor under such regulations as may be prescribed by law. Sec 16. No law shall be passed to raise money on the credit of the State, or to pledge the faith of the State directly or indirectly for the payment of any debt, or to impose any tax upon the people of the State, or to allow the counties, cities or towns, to do so, unless the bill for the purpose shall have been read three several times in each house of the General Assembly and passed three several reading, which readings shall hve been on three different day, and agreed to by caah House respectively, and unless the yeas and nays on the second and third readings of the bill shall have been entered on the journal. Sec 17. The General Assembly shall regulate en tails in sneh manner as to prevent perpetuities. Sec, 18. Each house shall keep a journal of its proceedings which shall be printed and made public immediately after the adjournment of the General Assembly. Sec. 19. Any member of either house may dissent from and protest against any act or resolve, which he may think injurious to the public or any individual, and have the reasons of his dissent entered upon the journal. " Sec. 20. The House of Representatives shall choose their own Speaker and other officers. Sec. 21. The Lieutenant Governor shall preside in the Senate, but shall have no vote, unless it may be equally divided. Sec 22 The Senate shall choose its other officers, and also a speaker (pro tempore,) in the absence of the Lieutenant Governor, or when he shall exercise the office of Governor. Sec. 23. The style of the acts shall be "The Gen eral Assembly of North Carolina do enact." Sec- 24. Each house shall be judge of the qualifi cation and electrons rf its own members; shall sit upon its own adjournment from day to day, prepare bills to be passed into laws, and the two housed may also jointly adjourn to any future day, or other place See. 25. All bills and resolutions of a legislative nature shall be read three times in each house before they pass into laws, and shall be signed by the pre siding officers of both houses. Sec. 26. Each member of the General Assembly, before taking his seat, shall take an oath or affirma tion that he will support the Constitution and laws of the United States, and the Constitution of the State of North Carolina, and will faithfully discharge his duty as a member of the Senate or House of Repre sentatives. Sec. 27. The terms of office for Senators and mem bers of the House of Representatives shall commence at the time of their election : and the term of office of those elected at the first election held under this Constitution shall terminate at the same time as if they had been elected at the first ensuing regular election. . Sec 28. Upon motion made and seconded in either House, by one-fifth of the members present, the yeas and nays upon any question shall be taken and en tered upon the journals. ': Sec. 29. The election for members of the General Assembly shall be held for the respective districts, and counties, at the place where they are now held, or may be directed hereafter to be held, in such manner as may be prescribed by law, on the first Thursday in August, in the year one thousand eight hundred and seventy, and every two years there after. But the General Assembly may change the time of holding the elections. The first election shall be held when the vote shall be taken on the ratifica tion of this Constitution by the voters of the State, and the General Assembly then elected, shall meet on the fifteenth day after the approval thereof by the Congress of the United States, if it fall not on Sun day, but if it shall so fall, then on the next, day thereafter, and the members then elected shall hold their seats until their successors are elected at a regular election. ARTICLE III. Executive Department. Sec. I. The Executive Department shall consist of a Governor in whom shall be vested the supreme execu tive power of the State) a Lieutenant Governor, a Secretary of State, an Auditor, a Treasurer, a Superin tendent of Public Works, a .Superintendent of Public Instruction and Attorney General, who shall be elected for a term of four years, by the qualified electors of the State, at the same time and places, and in the same mauuer as members of the General Assembly are elec ted. Their term of office shall commence in the first day of January next, after their election, and contiuue until their successors are elected and qualified: provided that the officers first elected shall assume the duties ot their office te-n days aftei the approval of this Constitu tion by the Congees of the United States, and shall hold their offices four years from and after the first day of January 1869. Sec. 2. No person shall be eligible as Governor or Lieutenant Governor, unless he shall have attained the age of thirty years, shall have been a citizen of the United States live years, aud shall have been a resident of this Stat; for two years next before the election; nor 6ball the person elected, to either of these two offices be eligible to the same office more than four years in any term of eight years, unless the office shall have been cast upon him as Lieutenant Governor or President of the Senate. Sec. 3. The return of every election for officers of the Executive Department shall be sealed tip and transmitted to the seat of'Goverument by the returning officers, direc ted to the Speaker of the House of Representatives, who thall open aud publish the same in the presence of a majority of the members of both Houses of the General Assembly. The persons having the highest number of votes respectively, shall be declared duly elected; but if two or more be equal and highest iu votes for the same office then one of them shall be chosen by joiut ballot of both Houses of the General Assembly. Contested elections shall be determined by a joint vote of both Houses of the General Assembly, iu such man ner as shall be pn scribed by law. Sec. 4. The Governor, before entering upon the duties of his office, shall in the presence of the members of both branches of the Geueral Assembly, or before any Justice of the Supreme Court, take au oath or affir mation, that he will support the contsitution and laws of the United States aud of the State of North Carolina, aud that he will faithfully perform the duties appertain ing to the office otGoveruor to which he has been elected. Sec. 5. The Governor shall reside at the seat of gov ernmeut ot this State, and he shall from time to time, give the General Assembly information of the affairs ot the State, and recommend to their consideration such measures as he shall deem expedient. Sec. 6. The Governor shall have power to grant re prieves, commutations and pardons, after conviction, for all offences, except iu cases of impeachment,) upon such conditions as he may think proper, subject to such regulatious as may be provided by law relative to the mauuer ef applying tor pardons. He shall annually communicate to the General Assembly each case of re prieve, commutation or pardon granted; stating the name of each convict, the crime for which he was con victed, the sentence aud its date, the date of commuta tion, pardon, or reprieve, aud the reasons therefor. Sec. 7. The officers of the Executive Department and of the Public Institutions of the State shall at least five days previous to each regular session of the Gen coal Assembly severally report to the Governor who shall transmit such reports, with his message, to the Geueral Assembly; and the Governor may, at any time, require iuformation iu writing from the officers in the Executive Department upon any subject relating to the duties of their respective offices, and shall take care that the laws be faithfully extcu:e Sec. 8. The Governor shall be commander-in-chief of the militia of the State, except when they shall be called into the seivice of the United States. Sec. y. The Governor shall have power on extraor dinary occasions by aud with the advice of the council of State, to couveue the General Assembly, in extra session by his proclamation; stating therein the purpetse or purposes tor which they are thus convened. Sec. 10. The Governor shall nominate, and by and with the advice aud consent of a majority of the senators elect, appoint all officers whose offices are established by this constitution, or which shall be created by law, aud whose appointments are not otherwise provided for, aud no such officer shall be appointed or elected by the General Asse mbly. Sec. 11. The Lieute nant Governor shall be President of the senate, but shall have no vote unless the senate be equally divided. - He shall, whilst acting as Presi dent of the se nate, receive for his services the same pay which shall for" the same period be allowed to the speaker of the house of Representatives, aud he shall receive no other compensation except when he is acting as Governor. Sec. 12. In case of the impeachment of the Governor his failure to qualify, his absence from the State, his inability to discharge the duties of his office, or in case the office of Governor shall in anywise become vacant the powers, duties and emoluments of the office shall' devolve upon the Lieutenant Governor until the disa bilities shall cease, or a new Governor shall be elected and qualified. In every case iu which the Lieutenant Governor shall be unable to preside over the Senate, the Senators shall elect one of their own number Presi dent of their body; and the powers, duties and emolu ments of the office of Governor shall devolve upon him whenever the Lieutenant Governor shall for any reason, be prevented from discharging the duties of such office as above provided, and he shall contiuue as acting Governor until the disabilities be removed or a new Governor or Lieutenant Governor shall be elected and qualified. Whenever, during the recess of the Gen eral Assembly, it shall become necessary for the Presi dent of the Senate to administer the Government, the Secretary of State shall convene the Senate, that tbVy may elect such President. Sec 13. The respective duties of the Secretary of State, Auditor, Treasurer, Superintendent of Public WorJu, Superintend nt of Public Instruction, and At torney General Khali be prescribed by law. . If the office of any of said officers shall be vacated by death, resig nation, or otherwise, it shall be the duty of the Govern or to appoint another until the disability be removed or bis successor be elected and qualified. Every such va cancy shall be filled by election, at the first gt-ueja", election that occurs more than thirty days after the va cancy has taken place, and the person chosen, shall hold the office tor the remainder of the unexpired term fixed in the firstecflon of fhis Article- " - v Sec. 14. The Secretary of State, Auditor,: Treasurer. -Superintendent of PabJic Works, and Superintendent of Public Instruction shall constitute ex officio: the Council of the State, -who shall advise the Governor in the execution of his office, and three of wliom shall con stitute a quornm; their advie-e and 'proceedings in this capacity shall be entered in a Journal to be kept tor this purpose exclusively, aud signed by the members present, from any part of which any member may enter his dissent, and such Journal shall be placed before the General Assembly when called for by . -either House. The Attorney General shall be' ex officio the' legal ad visei of the Executive Department. Sec. 15. The officers mentioned in this Arrive shall at stated periods, receive for their services a compensa tion to be established by law. which shall neither be increased nor diminished during the time for which they shall have been elected, and the said officers shall receive no other emolument or allowance whatever Sec 16. There shall be a seal of the State, which shall be kept by the Governor, and used by him as oc casion may require, and shall be called '"the Great Seal of the State of North Carolina.' All grants and com missions shall be issued i the name and by the authority of the State of North Carolina sealed with "the Great Seal of the State, signed by the Governor aud counter signed by the. Secretary of State. Sec J7. There shall be established in the office otthe Secretary of State, a Bureau of Statisticts, Agriculture and Immigration, under such regulations as the Gcn eral Assembly may provide. ARTICLE IV. Jldicial Department. Sec. 1. The distinction between actions at law and suits in equity, and the forms of all such actions and suits shall be abolished and there shall be in this State but one form of action, for the enforcement or protection of private rights or the redress of private wrongs which shall be denominated a civel action; and every action prosecuted by the people of the State as a party, against a person charged w ith a public offence, for the punish ment of the same, shall be termed a criminal action. Feigned issues shall also be abolished and the fact at issue tried by order of court before a jury. Sec. 2. Three Commissioners, shall be appointed by this convention to report to the General Assembly at its first session after tLis constitution shall be adopted by the people, rules of practice and procedure iu ac cordance with the provisions of the foregoing section, and the convention shall provide for the Commissioners a reasonable compensation. Sec. 3. The same commissioners shall also report to the General Asse mbly as soon as practicable, a code of of law of North Carolina. The Governor shall have power to fill the vacancies occurring iu this t ommission. Sec. 4. The judicial power of the State shall be ves ted in a court tor the trial of impeachments, a Supreme court, Superior courts, courts of justices ol the Peace and special Courts. Sec. 5. The Court for the trial ofempeachmenfs shall be the senate; a majority of the members thall be nec essary to a quorum, and the judgment shall not extend beyond removal from and disqualification to hold office in this State, but the party shall be liable to indictment and punishment according to law. Sec. 6. The House of Representatives solely, shall have the. power of impeaching No person shall be con victed without the concurrence ot two thirds of the Senators present. When the Governor is impeached the Chief Justice shall pre side. Sec. 7. Treason against the State shall cojsi.tonly in levying war against it or adhering to its enemies, giving them aid aud 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. No conviction of treason or attainder shall work corruption of blood or forfeiture. Sec. S. The Supreme Court shall consist of a Chief Justice and four Associate Justices. Sec, 9. There shall be two terms of the Supreme Court held at the seat of government of the State in each year, commencing on the first Monday in January, and first Monday in June, and continuing as long as the public interest may require. Sec. JO. The Supreme Court shall have jurisdiction to review, upon appeal, any decision of the courts below, upon any matter of law or legal inference; but no issue of fact shall be tried before this court: aud the court shall have power to issue any remedial writs necessary, to give it a geueial supervision and control of the infe rior courts Sec. 11 The Supreme Court shall have original juris diction to hear claims against the State, but its decisions shall be merely recommendatory: no process iu the nature of execution, shall issue thereon; they shall be reporte d to the next se-ssion of the General Assembly for its action. Sec. 12. The State shall be divided into twelve judi cial districts for each of which a judge shall be chosen, who shall hold a superior coust iu each county in said district, at least twie-e in each year, to continue for two weeks unless the business shall be sooner disposed of. Sec. 13. Until altered by law the following shall bo the judicial districts. 1st. District. Currituck, Camden. Pasquotank, Per quimans, Chowan. Gates, Hertford Bertie. Jd. District. Tyrrell, Hyde, W ashington, Beaufort, Martin, Pitt, Edgecombe. 3d. District Craven, Carteret, Jones, Onslow, Gieene, Lenoir, Waye, WiUou. - 4th. District. Biunswick, New Hanover, Duplin, Columbus, Bladen, Sampson, Robeson. 5th. District. Cumberland, Haruet, More, Rich mond, Anson, Montgomery, Stanley, Union. utli. District. .Northampton, W arren, Halifax, W ake, Nash, Franklin, Johnson. Granville. - 7th. District.- Person. Oiange, Chatham, Randolph, Guilford, Alamance, Caswell. Buckingham. Sth. District. Stokes Forsythe, Davidson. Rowan, Davie, Yadkin, Surry. 9;h District. Catawba, Cabarrus, Mecklenburg, Lin coln, Gaston, Cleveland, Rutherford, Polk. lUth. District Iredell, Burke, Caldwell, Wilkes, Alexander, McDowel. 11th. District. Alleghany, Ashe, Watauga, Mitchell, Yaue-ey, Madison, Buncombe. 12th. District. Hendersou, Transylvania, Haywood, Macon. Jackson, Clay. Cherokee. Sec. 14. Every judge of a Superior Court shall reside in his District while holding his office. The judges may exchange districts with each other with the consent of the Governor, and the Governor for good reasons which he shall report to the Legislature at its curreut or next session may require any judge to hold one or more specided terms of said courts in lieu of the judge in wh sj district they a: e. Sec. 15. Tho Superior Courts 6hall have exclusive original jurisdiction of all civil actions, whereof exclu sive original jurisdiction itf not given to some other Courts, and ot all criminal actions iu which the punish ment may e xceed a fine of fifty dollars or imprisonment for one inorrth. Sec Hi. The Superior Courts shall have apprl'ate jurisdiction of all issues of law or fact, determined by a Probate J udge or a Justice of the peace, where the mat ter in controversy exceeds tweuty five dollars, aud of matters of law iu all cases. Sec. 17 The clerks of the Superior Courts shall have jurisdiction of the probate, of deeds, the granting of let ters testamentary aud of admiuistiatiou, the appointment of guardians, the apprenticing of orphans, to audit the accounts of executors, administrators aud guardians, and of such other matters as shall be prescribed by law. AH issues of fact joined before them shall be transferred to the superior courts for trial, aud appeals shall lie to the superior courts from their judgments iu all matters of law. Sec. 18. In all issues of fact, joined in any court, the parties may waive the right to have the same deter mined by jury, in which case the finding of the Judge upon the fact, shall have the force and effect of a ver dict of a jury. Sec 19. The Gnpral Assembly shall provide for the establish ni ut of special courts, "for the trial of misde meanors, in cities aud towns, where the same may be neeessary. ; Sec. 20. The Clerk of the Supreme Court shall be appointed by the Court and shall hold his office for eight years. Sec. 21. A Clerk of the Superior Conrt for each county, shall be elected by th qualified voters thereof, at the time and in the. manner prescribed by law. for the. election of members of the General Assembly. Sec, 22 Clerks of the Superior Courts shall hold their offices tor four years. Sec 23. The General Assembly shall prescribe aud regulate the fees, salaries and emoluments of all officers provided for in this Article, bnt the salaried of the Judges shall not be diminished during their contin uance in office. Sec 24. The laws of North Carolina,- not repngnant to this Con titution. or to the Constitution and laws of the United States, shall be in force nutii lawfully altered. Sec 25. Actions at law. and suits iu equity, pending when this Constitution shall go inter effect, khall be transferred to the' Courts having jurisdiction thereof, without prejudice by reason of the change, and all such actions aud suits, commenced before, and pcudjng at, the adoption by the General Assembly of the rule of Eraetice and proceedure herein provided for, shall be card and determined, according to the practice now in use, unless otherwise provided for by said rales. Sec. 26. The Justices of the Supreme Conrt shall be elected by the qualified voter of the State, as is pro vided for the elect ion of members ot the General Assem bly. - They shall hold their offices for eight years. ' The Judges of the Superior Courts shall be elected in like manner, and shall bold their offices for eight yVars ; : but the Judges cf the Superior Courts elected at the first election under this Constitution, shall, after their erec tion, under the superintendence of the Justices of the Supreme Court, be divided by lot into two equal classes, one of which shall hold office for four years, the other for eight years. Sec. 27. The General Assembly may provide by law that the Judges of the Superior Courts, instead of being elected by the voters of the whole State, as is herein provided for, shall be elected by the voter of theft re spective districts. Sec. 23. The Superior Courts shall be, at all times, open for the transaction of all business within their jurisdiction, except the trial of issues of fact requiring a jury. ' Sec. 29. A solicitor shall be elected tor each judicial district by the qualified voters thereof, as is prescribed for members ot the General Assembly, who shall hold office for the term of four years, and prosecute on be half of the State, in all criminal actions in the Superior Courts, and advise the officers of justice in his district. Sec. 30. In each countv a Sheriff and Coroner, shall be elected by the qualified voters thereof as is prescribed for members of the General Assembly, And shall hold their offices for two years. In each township- there shall be a Constable, elected in like manner by the voters thereof, who shall hold his office for two years. Wrhen there is no toroner iu the county, the Cleik of the Superior Court for the county may appoint one for special cases. Iu case of a vacancy exisiting for any cause, in any of the offices created by this section, the commissioners for the county may appoint to such office for the unexpired term. Sec. 31. All vacancies occurring in the offices pro vided for by this Article of this Constitution shall be filled by the appointment of the Governor, unless other wise provided for, and the appointees. shall hold their places until the next regular election. Sec, 32. The officers elected at the first election held under this constitution, shall hold their offices for the terms prescribed for them res)jectively, next ensning after the next regular election for members of the Gen eral Assembly. But their terms shall tvpn upon the approval of this constitution by the Congress of the United States. . Sec. 33. The several Justices of the Peace shall have exclusive original jurisdiction under such regulatious as the General Assembly shall prescribe, of all civil ac tions founded on contract, wherein the sura demanded shall not exceed two hundred dollars, and w herein the title to real estate shall not be in controversy, and of all criminal matters arising within their counties where the punishments cannot exceed a fine of fifty dollars, or imprisonment for one month. When au issue of fact shall be joiued before a justice, ou demand of either party thereto, he should cause a jury of six men to be summoned, who shall try the same. The party against whe-ui judgment shall he rendered in any civil action, may appeal to the Superior Court from the same, and if the judgment shall exceed twenty-five dollars, there may be a new trial of the whole matter in the appellate court ; but if the judgment shall be J'or twenty -five dol lars or less, then the case shall be heard iu the appellate court only upon matters of law. In all cases of a crimiual nature the party against whom judgment is given may appeal to the superior court, where the matter shall be heard anew. In all cases brought before a justice he shall make a record of the preceedings, and like the same with the clerk of the supe rior court of his county. See. 34. When the office of Justice of the Peace shall become, vacant, otherwise than by the expiration of the time, and in case of a failure by the voters of any dis trict to elect, the clerk of the superior court for the county, shall appoint to fill the Vacancy for the unex pired term. Sec 35. In case the office of clerk of a superior court for a county shall become vacant, otherwise than by the expiration of the term, and in case of a failure by the people to elect, the Judge of the superior court for the county shall appoint to fill the vacaue-y until an eh ctiou can be regularly held. ARTICLE V. Revenue ahd Taxation. Sec, 1. The General Assembly shall levy a capi tation tax on every male inhabitant of the State over 21 years aud under 50 years of age, which shall be equal on each to the tax on property valued at three hundrea dollars in eaah. The commissioners oftbe several counties may exempt from capitation tax in special cases, ou account of poverty and infirmity, and the State and County capitation lax combined shall never exceed two dollars on the head. Sec 2. The proceeds of the State and county enpi tation tax shall be applied to the purposes of educa tion and the support of the poor, but iu no one year shall more than twenty-five per cent thereof be ap propriated to the latter purpose. Sec. 3. Laws shall be passed taxi.ig, by a uniform rule, all monies, credits, investments in bonds, stocks, joint stock companies or otherwise, and also all real and personal property, according to its true value in money. " The General Assembly may also tax iradea, professions, franchises and incomes; Provided, that no income shall be taxed when the property from which the income is derived is taxed. Sec. 4. The Geueral Assembly shall, by appro priate legislation and by adequate taxation, provide for the prompt aud regular payment of the interest on the Public Debt, aud after the year 1880, it shall lay a specific annual tax upon the real and personal property of the State, aud the sum thus realized shall be set apart as a sinking fund to be devoted to the payment of the public debt. Sec. 5. Until the Bonds of the State shall be at par, the Genera Assembly tball have no power to contract any new debt or pecuniary obligation in behalf oftbe State, except to supply a casual deficit or for suriessiug invasion or insurrection, unless it shall iu the same bill levy a special tax to pay the interest annually. And the General Assembly shall have no power to give or lend the credit of the State iu aid of any person, association or corpora tion, except to aid in the completion of such Rail road"? as may be unfinished at the time of the adop tion of this Constitution, or in which the State has a direct pecuniary interest, unless- the subject be submitted to a direct vote of the people of the State, and be approved by a majority of, those who shall vote thereon.' Sec. 6. Property belonging to the State, or to muuicipal corporations, shall be exempt from taxa tion. The General Assembly may exempt ceme teries, and property held for educational, scientific, liteiarv, charitable, or religious purposes ; also, wearing apparel, arms for muster, household and kitchen furniture, the mechanical and agricultural implements of mechanics and farmers, libraries and scientific instruments, to the value of not exceeding three hundred dollars. Sec. 7. The taxes levied by the commissioners of the several counties, for countv purposes, shall be levied in like manner with the State taxes, and shall never exceed the double of the Slate tax, except for special purposes, and with the special approval of the General Assembly. Sec. 8. Every act of the General Assembly, levy ing a tax, shall state the special object to which it is to be applied, and it shall be applied to no other purpose. ARTICLE VI. ScFFHAGK AND ELIGIBILITY TO OfflCS. Sec. 1. Every male person born in the United States, and every male person who has been natural ized, twenty-one years old or upward, who shall have resided iu this State twelve months nex pre ceding the election, and thirty days in the county in which he offers to vote, shall be deemed an eleetor. Sec. 2. It ehall be the duty of the General Assem bly to provide from time to time for the registration of all electors, and no person shall be. allowed to vote without registration, or to register without first taking an oath or affirmation to support and main tain the Constitution and laws of the United States. and the Constitution and laws of North Carolina, not inconsistent therewith. See. 3. AH elections by the people shall be by ballot, and all elections by the General Assembly shall be viva voce.-' - - Sec. 4. Every voter, except as hereinafter provi ded shall be elliglble to office, but before entering upon the discharge of the duties of bis office, be shall take and subscribe the following oath : I , do solemnly swear (or affirm) . that 1 will support and maintain the Constitution and laws of the United States and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office. So help me God. . . Sec. 5. The following classes of persons shall be disqualified for office: First, all persons who shall deny the being of Almighty God. Second, AH per sons who shall have been convicted of treason, per jury, or of any other infamous crime, since .becom ing citizens of the Cnjted. States, or of corruption or mal-practice in office, unless such person T " baVB been lesrallr rinrii tn th. ,;i,l . . ahin. ' ' ,C,U. ' . , . - ARTICLE VII. alCRICIPAL CORFOBATIOKS. Sec.1. In each County, there shall be tufl biennially, by the qualified voters thereof M ' vided for the election of members of the' Gen'0 Assembly, the following officers: A Treasurer s1 isier of Deeds, Surveyor and Five Comroii8j0n Sec. 2. It shall be the duly of the Cornmigsion to exercise a general supervision and control of n? penal; and charitable institutions. Schools, Rotd Bridges, levying of taxea and finance of the Cos., as may be prescribed by law. The Register of DJ' bll be ex officio Clerk of the board of CnnB Stenera. - ,-' ; - ; ;;' Sec. 3. It shall be the dntj cf the CoromUgi0aert first elected in each county, to divide the same int ' convenient districts, to determine the buudari and prescribe the names of the said districu, report the same to the General Asemblr before th first day of January, 1869. ' Sec. 4. Upon tbe approval of the reports proridej for in the foregoing section, by the Geueral Aiseni. bly, the said districts shall have corporate power! for the necessary purposes of local government agd shall be known as townships. Sec. 5. In each township there shall be bienniallr elected, by the qualified voters thereof, a Clerk au4 two Justices of the Peace, who shall conctitutek board ol trustees, and shall, under the supervise of the county Commissioners, have control oftbe taxes and finances, roads and bridges of the Tow a. ship as may be prescribed by law. Tbe General Assembly may provide for tbe election of a larger number of Justices oftbe Peace in cities and towni and in those townships in whicb cities and to win ar situated. In every Township there shall also be bl. enially elected a ScboolCommittee consisting of tbret persons whose duties shall be prescribed by law. Sec. 6. The township Board of Trustees shall 'm. sess the taxable property of their townships aD(j make return to tbv County Commissioners, for re vision as may be prescribed by law. Tbe Clerk shall also be ex officio Treasurer of the townships. Sec. 7. No county, city, town, or other municipal corporation shall contract any debt, pledge its faiib, or loan its credit, nor shall any tax be levied, or col lected by any officers of the same, except for the n. cessary expenses thereof, uuless by a vote of a ma- jority of tbe qualified voters therein. Sec 8. no money shall be drawn from any coun ty or Township Treasurer, except by authority of law. - Sec. 9 AH taxes levied by any county, city, towa or township, shall be uniform, and ad valorem, op. on all property iu the same, except property exemp. ted by this Constitution. Sec. 10. The county officers first elected under tbe provisions of this article shall enter upon their du ties ten days after tbe approval of this Constitution by the Congress of tbe United States. Sec. 11. Tbe Governor shall appoint a sufficient n j ruber of Justices oftbe Peace in each county who shall hold their places until sections four, five and six of this Article shall have been carried into effect. Sec. 12. AH Charters ordinances and provisions relating to muuicipal corporations shall remain in force until legally changed, unless inconsistent with the provisions of this Constitution. ; Sec. 13. No County, City, Town or other muni cipal corporation, shall assume or pay, or shall auy tax be levied, or collected for the payment of any debt, or the interest upon any debt, contracted, di rectly or indirectly in aid or support of the rebel lion. ARTICLE VIII. CORPORATION'S OTHER THAN MUNICIPAL Sec. 1. Corporations may be forme 1 under gfne ral laws, but shall not be created by special act, ex cept for municipal purposes, and in caves wberria the judgment of tbe Legislature the objects of tbe corporations cannot be attained under general laws. All general laws and special acts passed, pursuaut to this section, may be altered, from time to time or if pealed. Sec. 2. Dues from corporations shall be seenred by such individual liabilities of tbe corporations and other means, as may be prescribed by law. Sec. 3. Tbe term corporation as used iu this Ar ticle shall be construed to include all associations and joint slock companies, having any of the power and privileges of corporations, not possessed by in dividuals or partnerships. Aud all corporations shall have tbe rifcbt to sue, aud shall be subject to be sued, in all courts, iu like cases as natural per sons. Sec 4. It shall be the duty of the Legislature to provide for the organization of cities, towns aud incorporated villages, and to restrict their power of taxation, assessments, borrowing money, contract ing debts, and loaning their credit, so as to prevent abuses in assessments and contracting debts by each municipal corporation. ARTICLE IX. . Education. Sec. !. Religion, morality, and knowledge beinf necessary to good government ard happiness of mankind, schools aud tbe means of education, shall forever be encouraged. Sec. 2. The Geueral Assembly at its first session under this Consul utiou, shall provide by taxation and otherwise for a general and uniform system vf Public schools, wherein tuition shall be free of charge to all the children of tbe State between th ages of six and tweuty-oue years. . . Sec. 3. Each county of the State sbull be divided into a convenient number of Districts, in which ont or more Public schools shall be maintained, at least four months in every year; and if tbe Comtnis.ioo ers of any county shall tail to comply with the afore said requirements of this section, they shall be lia ble to indictment. Sec. 4. The proceeds of all lands that may bare been, or hereafter may be granted by the United States to this State and not otherwise specially ap propriated by the United States or heretofore by tbia State, alo, all monies, stocks, bons, and other properly now belonging to any fund for purposes of education. .' Also, the net proceeds tbat may accrue to the State from sales of estrays or from fines, pen alties and forfeitures. Also, the proceeds of all sales of swamp lands belonging to the State. Also, all money that shall be paid as an equivalent for ex emptions from military duty. Also, all grants, gifts end devise that may hereafter be made to ibis State, and not otherwise appropriated by tbe grant, gift or devise, shall be securely invested aud sacredly pre served as an irre'durable fund, the annual income of which together with so much of tbe ordinary reve nue of the State as may be necessary shall be faith fully appropriated for establishing and perfecting education in this State, a system of Free Public Schools and for no other purposes or uses whatever. Sec. 5. The University of North Carolina, with its Jands, emolument, and franchises is under th control of the'Statfl. and shall be held to an inseparable con nection wilh the Free Public School system of the State. Sec. 6. The General Assembly shall provide that the benefits of the University, a far as practicable, be tended to the youth ol the State free of rxpense for tuitiou ; also, that all the property which has heretofore accrued to the State, or shall hereafter accrue from escheats, unclaimed dividends or distributive shares of the estates of deceased persons, shall be appropriated to the use of the University. Sec. 7. The Governor, Lieutenant Governor, Secre tary of State, Treasurer. Auditor, superintendent of Public Works, superintendent of Public Instruction, and Attorney General, shall constitute a State; Board of .Education. ' . " ' . . Sec. 8. The Governor shall be President, and the superintendent of Public Instruction shall be secretary of the Board of Education Sec. 9. Tbe Baard of Education shall succeed to all the powers and frusta of the President and Directors of the Literary Fond of North Carolina, and shall have full power to legislate and make all needful rulra aud regu lations in relation to free public schools, and the educa tional fund of the Bute, but all acts, roles and regula tions of the said Board, may be altered, amended or re pealed by the General Assembly, aud when so altered, amend-d or repealed, they shah uot be re-enacted by the Board. Sec. 10. The first session of the Board of Education shall be held at the capital of the State, w ithin fifteen days after tbtf organization of tbe State government under this constitution; the time of future meeting maj be determined by the Board. Sec 11. A majority of the Board shall constitute a quorum for the transaction of business. ' Sec 12. Tbe contingent expenses of the Board shall be provided for by the General Assembly. Sec J 3. The Board of Education shall elect Trustees for tbe University as follows : One Trustee for eacb county in the State fop term of office shall b eigltf