fu) f in?; 1 I h ) I a j , ! A A :. . . JV 7 V . - IV ;AJ V .V V vol.. iv. .SAMSIlimY, N.C. TUKSUAY, NOVKMHKU 25, 1R2.1. NO. v 1 ; A ; tsisrs ftiiuuin, irtir wu, Drl'IIIMMVJIITi:. 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, contention. 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 . State. 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 Conirertion. --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 thi Onnennon. 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 tfmtiv'eu "Fo'ct6xkrTooW6r" 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 to v .-t.tHn'crcnce offree population con tained in the counties represented over tlioae-oot represented, is .1 he federal populaifcn of all the ' 433,912 253,933 199,979 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 ll.8i ateuiitt. 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 sented, i Making a difference in tha amount paid by the counties not rr presented ove r thoae rep resented of 33,8 87 9.A86 31 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. ... . Respectfully submitted, 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, ix- - " 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.' - MJ-m 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. PRESENT" CONSIITUTIW.- The Constitution, or . Form of Government of North -Carolina. 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 State. 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 . . . .. shall .kaverttsttaU ty in; whickfcs immediatelypreretling-his-eecttotT, 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. ?TrTiiara3i ixUmtAliiiii 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 behaviour. 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 Vfcerrd'prcrdrn . p. pjDxej0tay-usd-iign4 ythfnembera 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 commis8ioosr'"". 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: mal-admiQisirjxircarruuxjmjt 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 State. 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 'a 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" 27-That nocfficet-Jn-thtrfcular 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 9 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 Couitiif.l.aw-orlKo.u 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- presttmr'tton crtat. 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' beha"'tHhe"ubKr,y utmTritjr-ef-" 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 ., " '4 1 '