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.SAMSIlimY, N.C. TUKSUAY, NOVKMHKU 25, 1R2.1.
v 1 ; A ;
tsisrs ftiiuuin, irtir wu,
H tern f the WtUr Crhn!n U1
kertftr b m Mlo i 7W IMUui J er,
I . hla ia ftilt fwr. ' , .
-. A'Kcrtimrnlt ft ill be JnieHril HI tM
4f r.irw frlli Brs,iiertion, n.l Uanty-O
.I.. AH'MunaJtlrMftwt 4h fahnjr,'iwnc be
yvrt pui't, vr they win m be arttwled to.
..... sr.. , .
f sea Til SUtis IT4I,
On 'Monday, the 10th lost, ihe T)tU
' gste elected to take mo consideration
lundrjr amendments to the Couiiiiu'in
of the St.teof North CtoIiti,ssembled
Itrtne Vimc Cn-mber. General Mont
ford Stokes appointed President, and
John F. Ut vard, Ksq. Secretsiy.
1 he Cot'owing Delegates appeared, and
tok ihrir seats t
.fa Henry W. Harnnjrton ilr-
H Ifp Urit'sn rbirt w T. Avery, Wm
p'lckxni CaWi Koniuhis II. fcaundcri Cfutf
him - W ioJiip xtedirmii, Uichard Freeman Vj.
J.mrs K.'poilKei Wa jrw'i Tliomw
1 r t r.. (it o. L. l)iiUon, Mobt. hiinon
toni JU. -Itibt. Willi nMtn, Itobt. II. Bur
tntij Jihn F. ttreard Jinkkulm-f i1o itaa
U. Polk, MiduJ .M'l-ftnr Mngmtry 1 ho.
ni Utirwet unity "licUV lloli, Mtlli? P.
Vi.fi,fiiui Max '''i I. trv, lulinll. I m t
ichmiJ W'tr F. t.cke HriiM Chtrici
F lM-r tVfi Julm llrttirl, riiumn rt.
t' i tttthrtfilr-i'k. M. ). (;rn, Jmrt (lr,
him j foAr il'ia Pilkinlun Sorry Solomon
Crac n tlkn Mantfort tttokca, Jelin Minin
On motion of Air. Hfrr, commttre
of five .inpoiiited to nt .ke out a cum
p wire view of ihr free ioi)uliitf) of tha
ctr4i couiiMein tne tuie tiikuii(;uii)
inic fie total mount contained in the
cuumiei Mch hate elected Delegate to
If U merlin, a aUo of Ihoie which have
- Dot elected 0ele4tei.
.On mo:iv Mn Saundera,:ha revolution
' nt Miamrnded, a to include, in the cal
""culitinr Ihe "Ta epl J Iiitolhe pubfic
, Treasury bj the aereral coumiea in the
On motion' of Mr. Polk, a com mittce of
three appointed to propose such
xncavirr at m oppcirexpcdient to raiie
fund toliclur;;e the expenditure of thit
--r On motion of Mr. Setllet a commiltae
af Jftmionvwar: appolmed. wha arr w
r"p. tothia t'onvention on the Election
r t lie memhera thereof.
"rOnmnfioii of Mr. Caraon, thecbnmlt
"1ee"oT Fund and kKpcnrtinirei n in-
ltrnrtr dtn rmpfora cterliif who ahall keep
tcuUr jourotii of the proceeding of
The( oowniion then adjourned till 13
O rl'Wk to n.orrow.
Tu t luu, Xov. 1 1. The following Del
et;i . t i Kit i ion to thoke nmed yeater
dili poeKrrd, and took iheir neaii:
Tiinrii:hf famurl Chunni Cubarrut John
: i : iiwf thrrtpn Vincrr; i'umbntund
JliLn-Am&amwMr Gmlfr4 8nmrl Hunter j
Rule ol Order, for the Rovernment of
the t onvrwion, were adopted.
Mr, Jottoa Lomaden waa appointed
Clerk ol the t onventton
On motion of Mr. Mangum, it was re-
toivtd, ih-t the commuted on Population
and 1'uxuon report the federal numbera
of the itdte.and of the aeveral counties
in theathte; and that the said committee
report the amount of taxea paid by the
leveral roontie of this state .for the last
inree Kara, distinguishinc the amount
pJ upon the object of taxation, and the
amount of each year.
, On motion of Mr. Yancey, it waa' re
$ofoed, that a committee of aeveaj be ap
pointed to propose and report such amend
ment to the Contihution of thla atate u
may be Wimed tteceamy; and that the
AaidJLQjpmiu UioaUac4ed to inart .ih&.
,.a5?erai.aiu4uwinent by Ihfenr proposed m
,ibe. t'nuuuiitHVr Bini TepoTt"th "slme" Is
H'rclnrtitau, My. 13. The followine
Ren'leijieti were appointed, in pursuance
amendment to the Constitution f
Henri, janeev, if Casu-rll j Manjrum, of Or.
anej Fisher, of Kowam Burton, of Lincoln j
Gralianij-of Hiitherfordi .Leake, of Kicbmondj
Love, of Hay wood, V;;
The committee to whom was referred
the resolution requiring comparative
atte,,made the-following report:
-w, Aeg! thairpe t
..relates to t'ue population, yonr coinniittee have
, That the free population" of all
tb eonntiei in this rate ajmpuntsto
Th:it the free population of the
counties liii'H hae elected dele.
tes to thi convention amounts to
1 hat the free, population of the
- countiei oot reprcseuted amftunU
.-t.tHn'crcnce offree population con
tained in the counties represented
over tlioae-oot represented, is
.1 he federal populaifcn of all the '
Counties In tli'l state smuunti to
Ihal of Hie fi'intic rej'rricn
teJ, itMnn i !
Hit fcJcrJ popuhilhrtl of (ha
CMin'irS not l" frtri.til, is
Muk ng a d.rcrrm of frd'fil
nun.lirn in ihecotinttci ih up'.
ftrlitnl a'o those rrprccitr l,
lour funmiittrr. in tvakinir
ha !. U.I Irjin the f rrttet(itrd
Ih this fi.hvf hlimi, the two tlrw rimntir irf
A' n. I p, rwi, hi li, if KUliii J in (he cU
cuU'ioa, a4-' ' J U Ui.naiibirs of tU tour,
lii'srrpmsen'rd, woild make sUil!cmii of 11,
lit In httrrpf the counties r prrwntpd.
As rtiprcts that part of the' rtswIUiar'
quiring tin animint of tales paid by th several
tbuntir of this'attis forth tut tlirea yeas,
diir.uihipg the amount paid upon each ohjcol
iif taxation, your commiUea hat conaiilJrcd
that it wouli facilitate their inuinea on this
part of the nulution, to give t' comparatira
mount of th tatr paid hy the counties rrpre.
Kiitnl, and thos not represented, Oiatinguialv
ing tha objects of taxation.
Ilia amount of taxes paid hy
the nonrepresented couutks,
ia, upon land, town property,
foils and stores, for U year
S2J, " '
1 he amount p4d on tha like
objects in the counties repre
Making a difference in tha
amount paid by the counties
not rr presented ove r thoae rep
Your committee, in making the calculation
upon the anmunt of taxes dcrivthla from' the
foregoing objects, for the ears 1821 and 1823,
find the difference to be inconsiderable, and b-
here that in the fnreiroing statrment they have
mM tSe objret "f ttie iriolutiuni but, for a
more particular ami derailed account of all the
objects of taxation, and their respective nouiit,
beg lesva to refer to the aorompinting reports
of the t'-ompt roller, maJe for the before men-
tkncd.ytn. ... .
EO. L. DAVIDSON.
Mv. 12, 1823.
The above report waa referred to ihe
committee appointed to report amend
ments to the Constitution.
On motion of Mr. S. under, U waa. tie.
ithfJ, That a committee of sevehle ap
pointed to inquire into the most adtitable
plan of submitting the amendments of
the Convitution agreed upon hy this Cn
rentioi to the people, for their ratification
and adoption. -'
The President appointed the Tolfowlng
committee on Mr. Saunders resolution,
" Messrs. Saunders, of CaswcUt Sniith; of Or
ange Krav, of Hamtolph l Averyof Darket Wilr
liamson, "of Line . In i Brit tain, of Buncombe
Uearne of Hontgomci7'l ..:
Tha Con vet tion adjourned until to-morrow-morningr
10 o clock.' -
The following are the old constitution
and the amendments made thereto, as
finally adopted bj the meeting, and agreed
to be submitted to the consideration of the
people of the State.
The Constitution, or . Form of Government of
1. That the legislative authoritj
shall be vested in two distinct iiranch
ca, both dependent on the people, to
wit, a Senate, and House of Commons.
2. I hat the Senate shall be compo
scd of Ucprescntativca annually chosen
by ballot, one for each county ia the
3. That the House of Commons
shall be composed of Representatives,
chosen by ballot, two for each county,
mid one for each of the towns of Eden-
ton, Newbern, Wilmington, Salisbury,
Hillsborough and Halifax.
4. That the Senate, and House of
Commons, assembled for the purpose
of legislation, shall be denominated the
Casr,AxmUyJ . . . ..
ty in; whickfcs
and for the same time snail have pos
sessed, and continue to possess, in the
cbunty- which hfe repTcatau, nut Icaa
than three hundred acres of land in fee.
6. That each member of the House
ef Commons shall have usually resided
in the county ill which he ia chosen for
one year immediately preceding his
election, and for six months shall have
possessed, and continue to possess, in
lesuhaiujoe htwdrcd acres of land in
fee, or fojhejerro ofhjsjojggj.
twenty-one years, who nave been in
habitants of any one county within the
State twelve months immediately pre
ceding the day of any election and
possessed of a freehold, within the
same county, of fifty acres of land, for
six months next before, and at the dny
of election, shall be entitled to vote for
a member of thej Senate.
8. That alt freemen.tif the aje of
twenty ). years, who hsve beta inha
hitanti of anyone county within the
Slate twelve rooniha immediately pre
ceding the diy of y election, and
slijll have paid public taxc ah all be
titiiilrd to vote for mrmberi of the
llt.u if Xomuuflsf for the cpunty io
wlih thy reside, -
9 That all persons possessed of a free
Ixilii, in any town in this 5tte, having
a titbx dLrcpcscnUtion, jintl ajaa.,t
-II Iteemen, who have been inhabi
tant t,f any auch town twelve months
next before, and at ihe day of election,
and .stull have paid public taxes.
I I A . ' -V L
man ue eniiiiea to vote lor a memocr
tn rrprrsrnt such town to the House
of Commons i' Provided, always, that
th scct'.oo shall not entitle any inha
bitant of such town to vote for mean-
bera of the House of Common s for the
OHinty in whiib he rasy reside j-nor
any freeholder in such tountv, w ho re
tides without or beyond the limits of
such town, to vote for a member for
said town. - ,
10. That the Senate and House of
Commons, when met, shall each have
power t h'toc a Speaker, and other
their officers: be judgrs of the quali
fic.'iiou and elections of their mem
bers sit upon their own adjournment
Ir-im day to dav i and prepare bills to
be pasaed int laws. The two Houses
shall direct writs of election, for sup
plying intermediate jiacancies and
shall alaoointly ,l)y balIot7 adjourn
themsrlvr s to anv future day and place.
11. That all bills ahall be read three
time in each House, and before they
pass into laws, be signed by the Sneak-
If rs of b.th H uses. -
13. I hat every person who shall be
chosen a member of the Senate or
House of Common, or appointed to
any office or place of tru', before ta
king hia seafj'or rntenng upon the exc.
utioo of hia-ce, ahall take e oath
to the State j and all officer ahall also
take an oath of office,
- f 1 3 That the General - Assembly
i?y j"inLbaH'rt.of both Housea,
sppomt judges of ihe.Supreme Courts
of Law and Equity, Judges of Admi
raltvi" and 1 Attorney.General,.-ho
shall be rommisaionrd by the Gover
nor, and hold their offices during good
14. That the Senate and House o
Commons shall have power to appoint
the licncrals and rield Officers of the
militia, and-all officers of the regular
army ot this Staf.1
13. That the Senate and House of
Commons, jointly, aLtheir first meet.
ing alter each annual elrcuon, shall,
by ballot, elect a Governor for one
year, who shall not he eligible to that
office longer than three years in six
successive years ; that no person un
der thirty years of age, and who has
not been a resident in this State above
five years and having, in the State, a
freehold in lands and tenements, nbove
the value of one thousand pounds, shall
be eligible as a Governor.! .
iB.VThat the Senate and House of
Common, jointly, at their first meet
ing after each annual election, shall,
by ballot, elect seven persona to be a
Council of State Tor ont year j who
ahall advise the Governor in the exe
cution of his office i and that four
mmbr allb -a quorum 4 their -ad
present jte "anparTinirhTcri ' - 'any
member present may enter his dissent.
And such journal shall be laid before
lh-G weralnABaecriWy-wheav-ealled for 4
by tlicro.J ' -, .
1 r. There shall be a Seal of this
State, which shall be kept by the Guv.
ernor, and used by him, as occasion
may' require j and shall be called the
Great Seal of the State of North-Car
olina, and be affixed to all grants and
18The Goytu-uor fnthc . time bet
Commander ja. Ltuet Jot..tM.j)i lutia .14
n a a f I
ana, in toe recess 01 me uenerai As
sembly, shall have jower, by and with
the advice of the Council of Statr, to
embody the militia for the public aafe-
19, The Governor, for the time be-
ing, 'shall have power to draw for and
apply such sums of money as shall be
voted by the General Assembly, for
the contingencies of Government, and
be accountable to them for the same.
He also may, by and with the advice
and consent of the Council of Statr,
lay embargoes, or prohibit the tipoi
tatiou of any commodity, for aoy term
not exceeding thirty days, at auy one
lime in thc rcccjs of the General As
sembly j and shall have the power of
granting pardons and reprieves, except
where the prosecution ahall be carried
on by the GcnrralAucmbJyr or Uutl4tapatU.fcyi5yitc r-fUe '
law shall othrrwiae direct i in which
case he may, In the recess, grant re
prieve until the next sitting ct the Gen
eral Assembly and may excerclse atl
the other executive powers cf govern
mail, limited and restrained, aa by ih'u
Coonitutiou i mentioned, and accor
ding to the laws of the State. And,
oo hi dcjlH, inability, or abseore from
the State, the Speaker of the Senate,
for the time bring, and, incase of bis
death, Inability, or absence from the
State, the Sptaker of the House ef
Common, ah.i'l exercise the powers
of government, after such death, or
during such absence or inability of the
Coventor, or opeaker ol the ornate,
or until a new nomination is made by
the General Assembly,
20. That, in every case, where any
ofhtt r, the tighjtof whose appointment
ia, I y this constitution, vested in the
Gcntral Assembly, shall, during their
recess, die, or his cilice by other
means btmine vacant, the Governor
ihatt harerpower with the advice of the
Council ol State, to fill up such vicar-
cy, by granting a temporary commis
sion, which shall expire at the cud ol
the next session of the General As
sembly. 21. 'That the Governor, Judges tf
the Supreme Court of Law and quit) ,
Judges of Admiralty, and .Attorney
General, Mull hive adequate salaliei,
during their continuance in officr,
122. Hut the General Assembly
shall, by j int ballot of both Houses,
annually appoint a Treasurer or 1 rea
urera for this State. . -
33a.-Tb UheG3VunoJVJuid: other
officers, tf&nding against the State, by
violating any part n thi Constittitinii:
be prosecuted, mi the impeachment of
the General Aasemhly, ofpreserit
ment of the Grsnd Jury of any court
of supreme jurisdiction in this State,
'24. That the General AssembU
shall, by jVint bi.lli t of both Houses,
triennially appoint a Secretary for this
25. That pq persons who heretofore
have been, or hereafter may be, fe
ceivers ol public monies, shall have a
seat in eiti cr House ti General As-
semM, or be eligible to any r ffire in
this Statr, until uch person shall have
fully acci untrd for, and paid int-. the
treasury, all sums for which thry may
be accountable and li able, .
26,. That no treasurer ahall have
seat, either in the ornate. House ol
Common, 'or .Council of State, dut
me his tonttnuancc in that ohi-1, or
before he shall have finally settled his
accounts with the public, tor all the
monies which may be in his hands at
the expiration of his office, belonging
to the outr, and hath paid the same
into the hands of the succeeding trea
surer, - r"
the-Unrted btatrsypf this" Stat 6 r any
gent for supplying such army or navy
with clothing or provisions, ahall have
si scat either in the Senate, Houae ci
eligible thereto and any member ol
the Senate, House of Commons, or
tommons, or irirnni ti oiair. ur
Council ol State, being appointed to,
and accepting ot auch omcet ahJI
thereby vacate his seat. 1
128. Xbat no member of the Council
of State shall have a seat either in the
Senate or l ouse6fC6mmcm8.TT"
129 .1 hat uo Judge el thff hupreme
Admirauyj slittll ' have' a seat in- the
. . . ' - ... ' w -
ate, House of Commons, or. Court
cil of State. . :;:,fV;, '; yr?Z
30. I hat no oecrctary of this State,
Attorney-General, or Clerk of the
Court of Record, shall have a seat In
the Senate, House of Commtns, or
Council of State.
31. That no clergyman or preacher
I of the gospel, of any denomination
shall be capable of being a mrrti'jer of
either the StoalC) House of Cunmor..,
or Council iSt i-e, while he cifiliriuci
10 the exercise I Ins pmor-l lutction,
33. That tin jrsuii who ahas) dmy
tue I ciag of God, or the tuih of tha
protcstant rrligiou, or, the divine au
thority of either . iha.uld or tie w -1c
laments,- or who?sh 11 hold ltl:giOui
pfinciple incompatible with ihe Iree-
dnm and safety of the 5'atc, shall be
of trust or ere fit: In the titil depart
- . f.l ! . '
mepr, witniu tnis otafei . , t
' 33. That the J istices of the pe act, ,
withio their rrtptctivt counties in this
State, shall in future be recommended
to llie.Cyyernor for the time beirg, by
the representatives In General Atsema . ,
blyjaod the Governor shall commiu
sion then accordingly 1 Audthe'juss
licet when to commissionfd, shall hbli(
their tffi'ce during rood behai uri !
and ahall not be retuoved frirn dffico
by the General 'Assembly,' unless lot
misbehaviour, absence, or inability.
34, That there shall br no cstabl.sh)
ment rf any one rrligiou church or
denomination in this State, in prtfrf .
et.ee to any other neither shall any '
person, on any pretence tshatsresrr,
be compelled to attend any pLce cf
worship cot trary to his own faith or"
judgment, nor be obliged to pay, for
the purchase of any gltbe, or the build 4
ing of any house of wors'iip, or for tha
maintenance ef any minister or minis
try,- contrary w.at hf tHverihfr
or has voluntarily -nd perso nally enga
ged to perform but all peranra ahall
be at liberty to exrrcWe their wo
mode of worship: Provided, that no-
thing herein contained, shall be con
sirurd toexeniptpreihera7of trear
sonable cr ard'uinus disiouraca, from -ltgl
trial and punishment. v4- f
35. That no ptrsonin the Sat
shall hld. norf.jhujoe . lucrative ofv
fice at any one timet Prcvidrf,-that :
no appointment io thf mihti; , 01 the
ffice of a justice of the pr.vr, shall baJ '
coraiderrd a a Iticrafve effitr. '""1-" ?
3 5 -That all cooimiaaiuna )mid grautaiL- -
thU run 0 the mme ol ihi State of .
Nt rth-CaroIi'na,nd bear test, and to i
atgliedijby lh-.Goveroor. A flwrite-1- -
ahall tun in the same manner, and beat4
test, and be signed by the del ka of the -respective
court'. Indictments ahall '
conclude against the peace and dig'
nifV of the St It . - -v ;-r-r -:
37. That the delegstei for. thii
St te to the ennjintntx) ' congress,
vhile necessary, th. 11 be chosen an
nually by- the General -A MemfcljT- bf,
ballot iurmarfcr xape rseded,irr the1- x
mean timt, in the aamt manner nd J;
nd person ahall be elected to acne ia -that
opacity for more than three years
auctessivcly. ' ; '. . -L'l' .ii. ' TI. . .
38. That there shall be a aheriff,,
coroner, er corot cri, tnd ctnstblei, ;
in eath tounty wjthiii this State, - , v
39. T hat the persn of a debtor,
where there is riot strong prest'mp-
lim of fraui', ahall r ut be continued in'-.'"
prison after delivering up, bonu Juiet
all his tstae. real and ptrsoolfir the ' ,
use of his creditors, in auth mm-rer at
ihall be hereafter regulated by law, ; . ,
All prtsonera shall be baib blc by st.ffi-
itrnt suretiet. urless lor tapit; l (lim .
ces, when the proof is tvidu.t cr tb-
40.TVytryfprtir er svn - - - -
Jfirst tairn'anoatK of alUtitnct to tha f ,
means, acquire, hold, and tratisier," V1
land, or other real estat t end after " '
one year's mldeoce shall Lc deemed a, ;
free citizen1. j'
41, That' a school or schools shall'
be establiahed bv the LegisLture,' for
the convenient instruction' of youth,
with such salaries to the masters, paid ''',
bj th public, as may enable them io '
instruct at low prices and, till useful. -learning
shall be duly encouraged and -promoted,
in one or more Ui.tversities.
.jSbat'o purchase of ind fhatt
Wf-Wtade- of the iDdian twti'tWWs'
the ueneyai Aasemtlv. ,, 1
43. 1 hat future Legialaturrs ot this
State shall regulate entails, in such
manner asJo prevent perpeiuities.
44. I rrat the Ueclaration of Hights
is hereby declared to' be part of the
Constitution of this State, and ought
never to be violated on any- pretence
whatever. t ., "