7T:
- .J - r
r
I
JLf' Jt'
$3 Per ' Annum ' -
ON TIIE
WEST SIDE OF TRADE STREET
CHARACTER IS AS IMPOBTANT TO STATES AS IT IS TO INDIVIDUALS, AND THE GLORY' OF THE ONE "Is THE COMMON PROPERTY OF -THE, OTHER. --
,IN ADVANCE -
W YAHU, Editor and Pbopreitor.
CHARLOTTE, N. C., TUESDAY, JULY 10, 1866.
FOURTEENTH VOLUME IV C M B E A 725,
THE
(Published every Taesday,(o)
'by
WILLIAM J. YATES,
XOIlOa 11ID. PBOPRIKTOB.
lTS5!ii3-, - $ 3 PER ANNUM, in adrance.
$2 for six months.
tQf Transient -ad rertisements must be paid for
In tdvaace. Ohituary notices are charged advertis
ing rates.
Advertisements not marked on the manuscript
fir a specific time, will be inserted until forbid, and
charged accordingly. .
SI 'per square of 10 lines or less will be charged
for eaeh insertion, unles the advertisement is in
serted 2 month? or more.
AUGUST NIEMANN,
Practical vfc atchmaker & Jeweler,
(A'ezf door South of tht Mansion House,)
CHARLOTTE, N. C.
The subscriber respectfully informs the public
that he U prepared to do all kinds of work in his
line promptly mid efficiently. lie professes to
thoroughly understand Li business, .and those pa
tronizing hiin may expect to have their work well
done
pay Clocks, Watches, Jewelry. Music-Boxes, Ac,
repaired at short notice ami on satisfactory terms.
A Vi U$T NIEMANN, '
Next door to Mansion Ilouse.
April 30, 1SCG
X. B. VANCE.
C. IJOWD.
B. D. JOHNSTON.
VANCE, DOWD & JOHNSTON,
ATTORNEYS AT LAW,
Charlotte, N C ,
Having associated tmijiselves together, will prac
tice in the Court of Mecklenburg, Irede.ll, Catawba,
Davidson, Rowan, Cabarrus and Union, and in the
Federal and Supreme Courts.
Claims collected anywhere in the State.
April 2, lBCti tf
MEDICAL CARD.
DP.S. GIIJJJO.V A McCOMBS, having associated
themselves in the practice of Medicine and Surgery,
respecrfujly tender their professional services to the
citizens of Charlotte and surrounding country.
From a large experience in private as well as
Field and Hospital practice, they feel justified in
proposing: to pay special attention to the practice of
Surgery in all its branches. '
O.'Iice" in Granite Kow, up stairs, opposite the
Mansion House.
ROBERT GIBBON, M. D.
Dec 11. 18G3 J. P. McCOMBS, M. D.
FULLINGS &. SPRINGS
Have removed their CLOTttING and MERCHANT
TAILORING STORE, to No. 4 Granite Row, lately
occupied-by J. S. Phillips. We are offering our
stock of
READY-MADE CLOTH I SIC
at cost for cah. Our former friends and patrons
will do wel to-$uppIy themselves at once.
We will keep at all times a good supply of Cloths,
Cassimers and Vestings, which .will lie. made to
order in the hest style and manner. We will keep
also a good slock of Hats, Shirts, Drawers and other
furnishing Goods.
FULLINGS A SPRINGS.
Jan 29, 186G
Hnl chisoii fc Spring's,
CHARLOTTE, N. C,
Agents of the most reliable IJYSIJIllJYCE
CO.lIP.l.YMES in the United Slates..
Be on the SAFE SIDE and insure jour property
against loss or.damage by fire.
Also, INSURE YOUR LIFE for the benefit of your
wife and children.
RISKS, taken at moderate rates.
Call on Hutchison A SprL.gs, No 4, Granite Row.
. E. NYE HUTCHISON,
J. M. STRINGS,
March 5, 18C6 Agents.
Ladies' Hats and Bonnets,
Trimmed and untrimroed ; Bonnet Ribbon, French
Flowers, Ac, very hatdsomc, at
Mar 14th McLEOD A STEELE'S
Handsome and Fashionable styles of Ladies'
DRESS GOODS, Laces, Shawls, Ac. very cheap at
May l4th - McLEOD & STEELE.
Grain and Grass Scythes,
Scribe Snaths, Ames' Shovels and Spades, Collins'
Axes, Ac, at McLEOD A STEELE'S.
eeg- Ladies', Misses' and children's BOOTS and
SHOES, Congress Gaiters, and Slippers, very hand
some and cheap, at McLEOD A STEELE'S.
Ig?X. Gents' and Youths' Taps and Straw Hats,
very low, at McLEOD A STEELE'S.
Linen and cotton Sheeting. Pillow-case Linen,
Ac. very lo.v, at McLEOD A STEELE'S.
May 14, 160G
jr. t. IjiTt iTkT:7
IV a if Ijiii ah ti & .lender,
-CHARLOTTE, N. C,
Respectfully informs the citizens of Charlotte and
surrounding country that he hkS opened a shop in
Itlie store occupied by C. M. Query, next to Springs'
corner, where he will give prompt attention to re
pairing Watt-he. Clock. Jewelry-, Ac.
Watch-gl&sscc and materials in general at whole
sale and retail.
May 22, 18t5. . tf
The Southern Express Company,
For the transportation of merchandise, valuable
packages, specie, bank notes, bouds, Ac, for ail parte
of the South and Southwest, in connection, with
ADAMS EXPRESS COMPANY,
bave established their agency at 59 BROADWAY,
NEW-YORK, where orders to call for goods to bo
forwarded South will receive prompt attention.
Merchandise anil valuables delivered to Harnden's,
Kinsley's, American andlTnited States Express Com
panies, tor the Southern Express Company, will re
ceive proraj.t dispatch.
For particulars, rates of freight, Ac. Ac, apply at
the office of the Southern Express. Company, 59
Iiroaday. H. B. PLANT. .
Dec , I8G5. President.
I
JOHN YOG EL.
PRACTICAL TAILOR, -j
Respectfully informs the citizens of Charlotte and
surrounding country, that he is prepared to manu
facture gentlemen's clothing in the latest style and
at short notice. His best exertions will be given to
render satisfaction to those who patronize, him.
Shop opposite Kerr's Ilotel, next door t? Browp A
Stitt's ttore.
January 1, 1SG6. . m
AL.FKED ill ART IN,.
(Surviving partner of late firm of Rankin A Martin,)
General Commission Merchant,
WILMINGTON, N, 0.
Personal and prompt attention given to the pur
chase and sale of all descriptions of Produce, and to
the receiving and forwarding of Goods. Charges
for the same as reasonable as those of any other
regular business house in the city.
He has ample Warehouse anL Wharf room, and
an experience of thirty years in the business, and
therefore feels -confident ef being able to give entire
satisfaction to all who may favor him with their
prftronflge.
References T W ' Dewey, John A Young, M L
Wriston. John Wilkes and Wm J Yates, Charlotte.
June 25, 18GG -' 2m
Genuine
S MO KING
Durham
TOBACCO.
The undersigned 13 the sole proprietor of the
above named article, being the successor of the
original manufacturer.
Having obtained letters patent for said article,
be hereby warns all persons Against manufacturing
or attempting to manufacture said article.
All venders of the "Genuine Durham Smoking
Tobacco," must obtain it from me directly or from
my authoiized agents.
The following are my sole authorized Agents at
present. Others w ill be added :
Stenhouse A Macaulay, Charlotte ; W D Smith,
Fayetteville ; Walker, Farrar A Co., Newbern -;
Northrop A CumminiTS, Wilmington : II D Teei, Tar
boro ; J E Venable, Petersburg ; Ashton A Emerson,
Portsmouth, Va.; Adolph Berry, 172 West Pratt St.,
Baltimore; March, Price A Co., "91 Walter St., New
York. ' J. R GREEN.
Durham's, Orange co, N. C, June 25, ISGti Mm
ffcg Stenhouse A Macaulay, Agents at Charlotte.
PROVIDENCE ACADEMY.
The next session of this School will open 16th of
July.
Particulars respecting boarding and tuition made
known on application.
E. C. KUYKFXDAL.
June 25, 18CG 2t
CLOSING OUT AT COST.
IVo itfisrcpi'cseiiialioiis.'
In order to make a change in our business by
Fall, we 'are determined to close out our entire
Stock of
Dry Goods CIot!ii:, Hats,
Boots, Shoes, Gents' Furnishing Goods, Ac, Ac, and
offer them at and below COST.
A call is solicited, and you will be convinced of
the fact that nothing is misrepresented. The line
of Goods as above-enumerated arc of the first class
and complete.
Great inducements are being heH out to Whole
sale Buyers. A. WEILL A CO.,
No. 24 Tryon Street, Paiks' Dilding.
June 25, 18GG.
ATTENTION
Peop!e of Charlotte ami sur
rounding country !
SELLING'' OFF EELOW N. Y. COST.
A'O HUMBUG NO HUMBUG! !
A S00,004 Stock, of Goods must all he sold
in three months.
The citizens of Charlotte and surrounding coun
try will do well to call at H. E. MORSE'S before
purchasing elsewhere, as' they will save from 25 to
50 percent by so daing.
Merchants from the city and country will do well
to give me a call, as I will sell them Goods cheaper
than the cheapest I have on hand a large and
well selected stock of
Dry Goods. Clothi&g, Millinery,
Ladies', Gents', Misses' and children's Boots and
Shoes, a large assortment, all sizes'; Calicoes
of every variety ; Mats and Caps ; Confectioneries;
Crockery; Trunks; Valises; a laige stock of Notions,
and many other articles too tedious to mention.
teaf Don't forget the place at Dr. Pritchard's
old st.rnd, opposite the Court House.
U. E. MORSE.
ALSO, for sale a fine, acious RESIDENCE,
with good Garden and out-houses attached.
n. E. MORSE.
June 25, 18G5 3m .
JUST RECEIVED. -
Some No. 1 -Mackerel; large e.nd fine Sacks Liver
pool Salt; 500 bushels superior Corn.
A lot of North Carolina Shoes, made at Thomas
ville, Ladies' and Gentlemen's.
A lot of superior Shoe6 from Philadelphia.
Some beautiful Summer Prints; Bleached and
Brown Domestics; Bleached Cotton Diaper; Bed
Ticking. Fine Napkins.
June 25, 18HG ' II. B. WILLIAMS.
CATAWBA
English &. Classical High .School.
The second Session of live 'months of t hi3 School
will commence the 9th day of July.
Terms ;
Tuition from $10 to $18, specia rules.
Boarding in families from $Q to $15, currency
Boarding i:: clubs from $' to Si", currency.
For circnl.TS and further information address J C
Clapp, Newton, N. C.
J. C. CLAP?, A B.
June 11, ISC6 tf S. M. FINGErl, A B.
OJ22CC rv. C. Railroad Co.,
Company buors, June 12, 18GG
TLe Seventtcnth" Annual Meeting of the Stock
holders of the North Carolina Railroad Company,
will be held in the town of Hillsborough on Thurs
day the of Jill)' next.
Stockholders who cauuot attend in person will
please send their proxies.
Jane 18th. " ! F. A. STaGG, Sec'v.
MJ3E, L.I .SE !
100 Barrel Thomastown LIME, in good order,
r sale. Af ply to Agent at N. C. Railroad Depot.
for
June 4, iHtiG
tf
TUX till n SCHOOL,
MEUANESVILLE, N. C.
A new term begins on the 25th of July next. For
the accommodation of young men who cannot take
a classical course, an ENGLISH AND COMMER
CIAL DEPARTMENT has been organized.
For terras address COL. WM. BINGHAM;
June 18, 18GG Im Mebauesvilie, N.C.
- NOTICE.
The undersigned have left all their Notes and Ac-co-ints
in the hands of Mr James II. IIenderonof
this city, where we hope iuJ that owe us wijl call i
and settle, as soon as thev car, as we need money
KOOPMANN A PHELPS.
June 11, 1S6G.
4t
TOE CONSTITUTION -
: ' "of . ' - ,
Nortli Oa.rliaQ.
At amended & adopted by the late Convention.
We, the delegates of the people of North
Carolina, in Convention assembled, for the pur4
pose of amending the Constitution of the State?
having consolidated the same as adopted on the
18th daj of December, A- D , 1776, with , the
amendment thereto, which were ratified on the
11th day of July, A D, 1835, together with
sundry amendments adopted in the years 1856,
1861 and 1862, and, other amendments adoptei
by this Convention, do ordatn and establish
folio wins Constitution for the State
rriiinwin"-iOHsmuLioii ior liicj oiaie i
ARTICLE L r
DECLARATION OF RIGHTS.
Section 1.' All political power is vested in
and derived front the people only.
Sec. 2. The people of thia State eught to
have the sole and exclusive right of regulating
the internal government and jolice thereol".
Sec. 3. - No man or set of men aro entitled to
exclusive .or separate emoluments or. pririleges
from the comaiuuity, but in consideration of
public services. '
Sec. 4. The legislative, executive, and su
preme judicial powers of government Ought to
be forever separate and distinct from each other.
Sec. 5. All power of suspending laws, or the
execution 'of laws, by ay authority' without
consent of the. representatives of the people, is
ittjdrious to. their rights, an ought not to te
exercised.
Sec. 6. Elections of members to serve as rep
resentatives inGcncral Assembly ought to be free
Sec. 7. In all criminal prosecutions, " every
man has a right to be informed of the accusa
tion against him, and to confront the accusers
and witnesses with other testimony, and to have
counsel for his defence, and shall not be com
pelled to give evidence against himself.
Sec. 8- No freeman shall be put to answer
any criminal charge, except as tfereinafter al
lowed, but by indictment, presentment, or im
peachment. Sec. 9. No freeman shall be convicted of any
crime, but by the unanimous Verdict of a jury
of good and lawful men,, in open Court, as here
tofore used: The. Legislature may, however,
provide, other modes of trial for petty misde
meanors, with the right of appeal.
Sec. 10. Excessive bail should not be requir
ed, nor excessive fines imposed, nor unusual
punishments inflicted.
Sec. 11. General warrants, whereby any offi
cer or messenger may be commanded to search
suspected places without evidence of the Tact
committed, or to seize any person or persons not
named'whose offence is not particularly describe
ed and supported by evidence, f.re dangerous to
liberty, and ought not to be granted.
Sec 12. No freeman ought to be taken, im
prisoned, or disseized of his freehold, liberties,
M .i -i i
or privileges, or outlawed, cr exiicJ, orin anyt
manner destroyed, or deprived, pf his life, liber
ty, or property, but by the law of the land
Sec. 13 Every freeman, Restrained of his lib
erty, is entitled to a remedy to inquire into the
lawfulness thereof,- and to remove tire same if
unlawful, and such remedy ought not to be de
nied or delayed. .
Sec. 14. In all controversies at law respecting
property, thcaricient mode of trial by jury is
one of the best securities of the ' rights of the
people, and outfit to remain sacred & inviolable.
Sec. 15. .The freedom of the pre?s is one of
the great bulwarks of liberty, and therefore
ought never to be restrained.
Seje. 16. The people of this State ought not
to be taxed, or made subject fo the payment pf
any impost or duty, without the consent of them
selves, or their representatives in General As
sembly, freely given.
Sec. 17- 'Plie people have a right to bear arms
for the defence of tho State; and, as standing
armies in time of peace are dangerous to liberty,
they ought not to be kept up; and the military
should be kept under strict subordination - to,
and governed by, the civil power.
Sec. 18. The people have a right to assemble
together, to consult for their common good, to
instruct their representatives, and to apply to
the Legislature for redress of grievances. -
Sec 19. All men have a natural and unalien
able right to worship Almighty God according
to the dfctates of their own consciences.
Sec. 20. For redress of grievances, and for
amending aud strengthening the laws, elections
ought to be often held.
Sec. 21- A frequent. recurrence to-fundamental
pjincipJes is absolutely necessary to preserve
the blessings of liberty.
Sec. 22. No hereditary emoluments, privi
leges, or honors ought to be granted or confer
red in this Shite. - '
Sec. 23. Perpetuities and monopolies are con
trary to the genius of a free State, and ought
not to be allowed.
Sec. 24. Retrospective laws, punishing - acts
commuted before the existenco of euehiws,
and by them only declared criminal, are oppres
sive, unjust, aud incomfatible with liberty;
wherefore, no ex post fuctol&vr ought to be madr.
Sec 29 Slavery and involuntary servitude
otherwise than lor crimes, whereof the parties
shall have been duly convicted, shall be, aud is
hereby forever prohibited within the State.
Sec 20 The limits and boundaries of the
State shall be and remain as they now are.
Sec. 27. All courts shall be open, and every
person, for an injury doue htm in his lands,
goods, person or reputation, shall have remedy
by due course of law, aud right and justice ad
ministered without sale, denial or delay.
Sec 28. No soldier shall, in time of peace, be
quartered in any house without the consent of
the owner; nor in time of war. but in a manner
to be prescribed by law. "
ARTICLE II.
. LEGISLATIVE DEPARTMENT.
Section 1. The legislative authority shall be
vested in two distinct branches, both depend-! eerably, before taking Jbis seat, shall take ao
ent oo the people, to-wit: . a Senate aad Uquse oath or affirmation that, to the best of bis kuowi
of Commons. l edge and belief, be is qualified under the Cos-
Sec. 2. The Senate shall consist bffifty to- j slitutioo of the State to take his seat,
prcscntatircs, biennially chosen by bjtllot, and gec 20. The General Assembly shall not
elected by districts; . which "districts shall re
main as they are until the first &ession of the
General Assembly after the year one thousand
eight huudred and seventy-one; and at such
session-,' and then every ten years thereafter,
shall be laid ifl by the General Assembly, in
"proportion to the public taxes paid into tho
Treasury of the State by the citizens thereof;
and the average of the public taxes paid by each
County'iDto the Treasury of the State, for t he
three years preceding the laying off .of the dis
tricts, : shall be. considered as its proportioa of
the public taxes, and. constitute the basis .of ap
portionment : Provided; That fto couty shall
ba divided in the foruiafro of BOfttonal 4-
irici; A beu tbere are one o more counties;
t - - .
navtng ao excess or taxation aoove me ratio co
form a Senatorial district, adjoining a county or
counties deficient in such ratio", the excjss or
excesses aforesaid shall be added to the taxation
of the county or counties deficient; and if, with
such addition, the county or counties receiving
it fh.ill have the requisite ratio, such county
and counties each shall 'constitute a Senatorial
district. ,
Sec. 3 The House of Commons shall be com
pesed of one hundred and twenty representa
tives, biennially chosen by bailor, to be elected
by the counties respectively, according to their
entire respective white population, and each
county shall have at least one member .in the
House of Commons, although it may not contain
the requisite ratio of white population.
See. 4. This apportionment shall be made by
the General Assembly, at the respective times
and periods when the districts for the Senate
are hereinbefore tlirected to be laid off; and the
said apportionment shall be made according to
an enumeration to be 'ordered by the General
Assembly, or according to the census which
may be taken by order of Congress, next pre
ceding the period of making auph apportion
ment. ... ".
Sec. 5. In making the apportoinment in the
lit) use of Commons, the ratio of representation
shall be ascertained by dividing the amount of
the white population in the State, after deduct
ing that comprehended withiu those Counties
which do not severally contain the one hundred
and twentieth part of the entire white copula
tion aforesaid, by the number of representatives,
less the number assigned to the said counties.
To each county containing the said ratio, and
not twice the laid ratio, there shall be assigned
one representative; to each county containing
twice, but not three times the said l'atio, there
shall be assigned two representatives, and so op
progressively; and then the remaining represen
tatives shall be assigned severally to the coun
ties hiving the largest fractions. -
Sec. 6. No new county shall be formed and
established, unless there shall be, within the
proposed boundaries thereof, the one hundred,
and twentieth part of the entire white popula
tion of the State; nor if the population ot' the
county, or any of the counties, from which it
may be proposed to form and establish the same,
shall thereby be reduced below the one hun
dred and twentieth part of the eutire white pop
ulation of the State.
Sec. 7. Eachnember of the Senate shall be
not less than thirty, years of age; shall have re
sided in the State five years; shall have usually
resided in the district .for which he is chosen,
one year immediately preceding his election,
and for the same time shall bave possessed, and
shall continue to possess, in the district which
he represents, not less than three hundred acres
of land in fee; or a freehold of not less value
than one thousand dollars.
Sec. 8. Each member of the House of Com
mons shall be not less than twenty-one years of
age; sliall have resided in the State five years,
and 'shall have usually resided in the oounty in
tfhichheis chosen for one . year immediately
preceding his election, and for the same time
shall have possessed, and shall continue to pos
sess, in the county which he represents, a free-'
hold of one hundred acres of land, or the value
of three hundred dollars.
Sec. 9. Every man of the age of twenty-one
jeaTs, who may have been an inhabitant of the
State-for twelve months, and of the district in
which he proposes to vote, six months next be
fore the day of any election, and shall, have paid
public taxes, shall be entitled to vote for a mem-'
ber of the Senate for the district in which he
may then reside
Sec. 10. Every man of the age of twenty-one
years, who may have been an inhabitant of the
State for twelve months next before the day of
election, and of the county io which he propo
ses to vote for six months next before the day
of election, and shall have paid public taxes,
khall : be entitled to vote for' members of the
House of 4ommpns for the county in which he
shall then reside. -
"Sec. IK Each person elected to the Senate
or House of Commons, shall hold his seat from
the time of his election until the next biennial
olection.
Sec. 12. The Senate and House of Commons
shall meet biennially, and when assembled, shall
be denominated the General Assembly.
See 13. The House of Commons shall choose
their own speaker and other officers.
Sec. 14. The Lieutenant Governor shall pre
side irv the -Senate, but shall not vote, unless
they be equally divided.
Sec 15 The Senate shall choose their other
officers, and also a speaker pro terrpore in the
absence of the" Lieutenant Governor, or when
he shall exercise the office of Governor'.
Sec 16. Each House' shall be judge of the
qnalificatioos and elections of ls own memberf;
shall sit upon its own 'adjournments from day
today;, nrerare bills to be passed into laws:
1 direct writs for sur'tdvine intermediate vacan-
fcie.; and may abo jointly adjourn to any future
day or place.
Sec 17. The style of the acts shall be "The
General Assembly of .North Carolina do enact,
as follows.:" . . j
Sec 18. Each member of the General As-!
have power to grant a divorce, or secure alicnl
ny, io any individual case, but may pass gener
al laws, regnlaling divorce and alimony.
" Sec. 21. .The General Assembly shall not
have power to pass any private 4aw to alter the
name of any person; or to legi.iniate any persons
not born io lawful' wedlock, or to restore to the
-rights of citizenship any person convicted of any
infamotts crime; but shall have the power to
pass general laws regulating the same.
Sea. 22. The General Assembly shall not pass
any private law, unless it shall be made to ap
pear that thirty days notice of application to
pass such Itwsbait have been given, under such
directions and in sue) manner as shall be .-provided
by law. ' "' ' '. : V ' r '. v
Sec. 23. No law shall be passed to raise
loan of money on the- credit of the State, or to
pledge the faith of the State directly or indi
rectly for the payment of any debt, or to im
pose ar.y tax upon the people of the State, or to
allow the counties, cities and towns, to do so,
unless the bill for that purpose shall have been
read three several times in each House of the
General Assembly, and passed three several
readings, which readings shall have been on
three different days, and agredlaby a major
ity of the whole number of members of each
House respectively, and unless the yeas and
nays, on the second and ffiird readioss of the
bill, shall have been entered On the journal.
Sec 24. The General Assembly snail fegq
late entails in such a" manner as to prevent per
petuities. , '. ,
Sec 25. If vacancies shall occur by death,
resignation or otherwise, whenever the General
Assembly is not in session, writs of election
may be issued by the Governor, under such reg
ulations as -may be prescribed'by law.
Sec. 26. Neither House shall, proceed upon
public business, unless a majority of all its
members be present.
Sec 27. E'tch House sImII keep a journal of
all its proceedings, which shall be printed,.and
made public imnfediajely after the adjournment
of the General Assembly.
Sec. 28. Upon motion made and seconded in
either House by one-fifth of the members pres
ent, the yeas and nays upon any question shall
be taken, .and entered on the journals.
Sec. 29. A.ny -member of either House may
dissent from and protest against any net-or re
solve which he may thint injurious to the pub
lic, or any individual, and bave tho reasons of
Iris dissent entered on the journal.
Sec. 30. The General Assembly, at each bi
ennial' session, shall elect, by joint vote of the
two. Houses, a Secretary of State, Treasurer, and
Council of State, who shall continue in office
for the le-rm -of two years, -and UBtil others may
bQ appointed in their places. .
Sec. 31. In the election of all officcr-s, whoge
appointnient ia conferred on the General Assem
bly by the Constitution, the vote shall be viva
voce. ' . ' -
ARTICLE III.
EXECUTIVE DEPARTMENT.'
Section 1. There shall be a Governor, and
Lieutenant Governor of the State, who shall be
chosen by the qualified voters for the members
of the House of Commons, at such times and
places as members of the General Assembly are
elected.
Sec. 2 No person shall be eligible as Gover
nor or . Lieutenant-Governor, unless be shall
have been a. citizen of the United States for
twenty years; shall bave attained the age of
thirty years; shall have been a resident of the
State for five years next before the day of elec
tion, and shall have therein a freehold in lands
and tenements of the value of two thousand dol
lars. Sec. 3. The Governor 6b.aU hold his office
for the term of two years from the time fixed
for bis installation, and until another ehalT be
elected and qualified; but he shall not be eligi
ble for more than for four years in any term of
six years, unless the office shil have been "cast
on hi oi as LieatenanT Governor or Speaker of
one of the Houses of the General Assembly. .
Sec. 4. The returns of every e'ec'tion for
Governor and "Lieutenant-Governor, ' shall "be
sealed up and transmitted to the seat of Gov
ernment, by the returning officers, directed to
the Speaker of 'the House of Commons, who
shad open and publish them in the presence of
a majority of the membeiauf both Houses of the
General Assembly. The person having the
highest number of votes for Governor, shall be
Governor; and the person having the highett
number of votes for Lieutenant-Governor, ghall
be 'Lieutenant-Governor; but if two or more
persons shall be equal and highest in number
of votes for either office,, one of them shall be
chosen to fill the efficfi by a joint vote of both
Houses of the General Assembly.
Sec. 5. "Contested elections for Governor-or
Lieutenant Governor, shall, bu determined by a
joint vote of both Houses of the General Assem
bly, in such a manner as shall be prescribed by
law. . .
Sec. 6. The Governor elect shall enter on the
duties of the office, on the first day of January
next after his election, havirg previously taken
the oaths of office in preset ce of the members
of both branches of the General Assembly, or
before any Justice of the Supreme Court, who,
in case the Governor elect should be prevented
from attendance before the General Assembly
by sickness or other unavoidable cause, is au
thoiized to administer tho same.
Sec 7 The Lieutenant Governor shall pos
i
sc s.s the same qualifications for . office, as are re- !
,j.r i -1. 1 1 i,tj .: r: t
i)uiici ui iiiu uov truur, auu sua.ii uuiu uu viuto
for tie like term.
Sec. 8.. The Governor and Lieutenant-Governor,
each, 'shall tale an oath, that, to the best
of' his knowledge and belief, he is eligible, un
der the Constitution and laws of the' State, to
the bffice to which he has been elected.' - '
Sco. 9. The Governor shall be Commandcr-
in-tMiief of' the Militia; and in the recces of the
General Assembly, shall have power, by and
with the advice of the Conncil oi State, to eu
bod; the iltlitia for the poblio safety.
Sec. 10 'The Governor shall have power to
draw for and apply such soma of money as shall i
be voted by the General Assembly for the con-j
tingencies of government, and be. accountable
to-them for the same; ho shall bave the powet
of granting pardons, and reprieves, except when
the prosecution shall be carried on by the Gen
eral Assembly, or unless the law shall otherwise
direct; in which latter case, he may, in the re
ccss?graot a reprieve until the next sitting " of
the General Assembly; and may exercise all
the other executive powers of government,
limited and restrained as by this Constitution ia
mentioned, and according to the laws of the
State; and shall have power, by and with the
advise of the Council of State, to convene the
General Assembly in extra session, at any time,
when in his opinion, the exigencies of tho Stat
may require '- '; .- -'-' "'
Sec ll In case of the impeachment of the
Governor, or bis removal from , offi.ee,. death ia-
ability tor discharge the duties of the office, res
ignation, or absence. from the State, the powers
and duties of the office shall devolve upon the
Lieutenant-Governor for the residue of the term,
or until the disability shall cease.
Sec. 12. Whenever the Lieutenant-Governor
shall, for like causes, become incompetent to-,
discbarge the powers and duties of the office of
Governor, they shall devolve on the Speaker of
the Senate; and in case of his death, or incom
petency for like causes, they shall dovolve oa
the Speaker of the Houso of Commons; and for
such time as there shall be no Speakers in fact,
tbe persons last acting as such shall be deemed
Speakers for the purpose aforesaid. ' . "
. - Sec 13. In case of a vacancy io the office
of Governor, the Lieutenant-Governor, or any .
other person called to fill tbe office, shall be
qualified before any Justice of the Supreme
Court.
Sec. 14. The Lieutenant-Governor, while;
presiding io the Senate, shall receive the samo)
pay as tbe Speaker of tbe House .of Commons,
and he shall receive no other compeosatipn, ex
cept when he is acting as Governor. ; .
Sec 15 There shall, bo a seal of the State,
which shall be kept by the Governor, and . used
by - him as occasion may require, and shall be
called the great seal of the State pf North Car
olina, and be affixed to all grants . and commis
sions. ; . . .. ; . . -i . .
Sec. 16. The Council of State shall consist of
seven persons, who shall advise the Governor ia
the execution of his office; four members shall
be a. quorum; their advice and proceedings
shall be entered in a Journal to be kept for ibat
purpose only, and signed by tho members pres
ent; against any part of which any member
present may enter bis dissent; and such Journal"
shall be laid before the General Assembly when
called for. by either House.
Sec ,17. In every case where-any efficer, the-
right Of whose appointment is by ihe Constitu
tion of the State, vested in the General Assem
bly, shall, during their recess,. die, or his office
by other means become vacant, the Governor.
shall have power, with the advice of the Coun
cil of State, to fill such vacancy, by granting a
temporary commission, which shall expire at
the end of the next session of the General As
sembly. :
ARTICLE IVr. . , I-
JUDICIAL DEPARTMENT. ' ' '
Section 1. The judicial power of the State
shall be vested in one Supreme Court; in Supo-,
nor Courts of law and Courts of Kquity; io .
County Courts; and in Justices of the Peace;
and in such other Courts as by the Constitution
arid Laws may be allowed., ':
Sec. 2. The Supreme Court shall eonistofft
Chief Justice, and two Associate Justices, who
shall 'be elected to their respective offices by the
joint vote of the two Houses of the General As- "
scmbly. . .
Sec. -3. The Superior Courts of- law and
Courts of Equity shall consist of one or more ...
Judges to bo elected in like manner.
Sec. 4. The Justices of the Supreme and the
Judges of the Superior Courts of law and Courts "
of Equity, shall bold their. office during good
behaviour; and, at stated times, shall receive .
for their services an adequate salary, which
shall not be diminished during their-continuance
in office. - . '-'
Sec. 5. There shell be two terms of the Su
preme Court, to be held at the seat of GorcroV
meni, in every year; the commencement of the
terms to be, as. nearly as may be, half a year .
apart; and the Court at each term shall ait for
the dispatch of business so long as shall bo ne
cessary. ' - ' '
Sec. G. A Superior Court shall be held semi- -annually
at least, io every county in theJStats,
and shall sit for the dispatch of business for
such time as may be directed by law, but for
not less than tlx days, unless' its business shall
be sooner disposed of. The General Assembly
may, however, direct more than two term's of
the Superior Courts to be held in tbe yean la
which case tbe Assembly may if deemed advis
able, increase the number offterms of the Su
preme Court, ; .' - '
Sec. 7. County Courts shall be held quarter
ly at least, in each year, in tbe several counties,
by the Justices of the Peace therein, whom not
less than three shall be a quorum, and the ses- .
sions of the Court shall continue at trast six
days, imJes the. business be sooner disposed of
Sec. 8 .Tbe General Assembly, in its discre- -tkn,
may establish Courts for incorporated .
cities and towns, with such jurisdiction in civil
causes as day be prescribed. -
Sec. 9. Tbe General Assembly may also ef- '
tablUh police courts for sueb cities and towns,
with power to try and punish petty misderoean-. ,
ora committed witbio jthe limits of tocb ettiee j
and townsrand in violation of their by-laws. -V -
Sec. -10. Tbe Geoeral Assembly, at iU first
session after the office of Attorney Gereoal shall
become vaeant, and from time to time there
after, shall appoint an Attorney General, ho
shall be commissioned by. I be Governor, and (
shall hold his office for f be -term o( four years;
but if. the General, Assembly should hereafter
extend tbe term during whiclt Solicitors of the
State shall bold' their offices, then tbej shall
bave power to extend the term of office of the
Attorney General to the same -period. ;
. See, 11. Justice? of the Pfcaccahall be elect
ed by the qualified vo.ters for members of the
General Assembly, and shall . held their office r
for six years. Tho number ehall not exceed