Newspapers / The News & Observer … / Nov. 4, 1871, edition 1 / Page 1
Part of The News & Observer (Raleigh, N.C.) / About this page
This page has errors
The date, title, or page description is wrong
This page has harmful content
This page contains sensitive or offensive material
ot;lfjaroHn!an, Rclfableadvertlsnrntitii lnwrt.l in th WWkly 'XoriX Carolimian at lh following rWn: I i stack. 1 Mo. 3 Mo , n M. I Y Mr a. i n ft r National Democratic Paper. UV Jy , - yjJjiUyj, 0111 IL 1 L j lL-1 I WJIJ J if 'Im - I ice: One Year $10 ;.Six Months $5. ( "y rJr ' .... -. ..... -.-T. " 17" Et s V-X 4 n ! - ; - ' ' '' j. - " . . " i I i inducted bj a Corps of Editors resident in each Congressional District. TFw. A. II EARN E, Manager. TE DEMOCRATIC PARTY OF NORTH CAROLINA. r ADDRESS V OF THE . ntral Executive Committee. b rcovle ofX.rth Carolina : m Prwntirc Committee of the Dem- i Conservative tarty of this State, lfntion amoDsr themselves and i manv friends from different parts of Jtate, laminar wuu puunt rcuumcui, j deemed it necessary and proper that Central Executive committee suau resa the people in reference to various Ics of public interest, and particularly titntional reform in this State. The .tral Committee, therefore, feel espe W rallpd nnon and instructed to Sub- t to the people such views and to bu 1 such measures of reform and relief as. their judgment,' are calculated to pro le concert ot action and the general fare of the State. THE CONVENTION ELECTION. Tie result of the election in August . although adverse to the call of a vention of rhe people, cannot be re jed as an expression of popular appro- of manv oi tne leaains provisions 01 i present State constitution ; for all par- t, with scarcely any dissent, recognized 1 conceded the paramount necessity for ihancre in the organic law in several terial particulars. .for can the result of that election be jperly claimed as a party success or de- . . ..L .'i.J a J me issue suurauicu auu piuscu on was not a party usue, although great arts were made by interested persons to ke it such nor was it so regarded or ated bv thousands of democrats and aservatives who voted against Con. ition." That election turned on colla 1 and immcterial issues, most of them Tested and pressed upon public atten- i by the great body of the office hold- of the btate. who auDrthendcu tnat a .rcntion if called, would turn them i of office; The office-holders of the ite generally opposed the call ; they jely used money and other appliances to Jeat it. The colored people were made Iscly to believe that a convention would :prive them of their freedom, or greatly jridgc their political rights. Thousands jted against the call because they feared med interference of the authorities of a federal government acd another war her thousands voted against it, because ey apprehended some unfriendly inter rence with the present homestead pro iion, while some believed the call as de was without the sanction of the istitution and revolutionary ; so that, we peat, the election turned, not in favor ot gainst any political party, nor upon j real merits of the issue submitted to je people, but upon many collateral con iderations. v METHOD OF AMENDMENT SETTLED. The majority against the proposed call "or a Convention, though comparatively jcagrc, settles adversely the proposition 9 amend the Constituticn by a Convention f the people, however proper and desira le that method of amendment may be. t settles it, because the radical members X the Legislature, at the behest of their party, unanimously refused to vote for the call of a Convention of the people by the Legislature. Such r. call cannot be made Without the votes m at least a few of them, and they and their party thus assume the grave responsibility of preventing the peo ple from amending and reforming their organic law. i The only remaining method of amend ing the Constitution is by legislative enact ment. Although the Constitution operates oppressively in many respects, and some of its provisions preclude all hope of general prosperity while they continue in force, yet it is manifestly the duty ot every good citizen to seek relief from such evils by the legislative mode, however .slow and un satisfactory, in the present emergency, it may be. We venture to hope that the members of the Legislature will, when they assemble, at once agree upon this plan of relief, and we respectfully suggest that, in the meantime, the people give ; prompt arid free expression of their wishes t as to such amendments as they desire, so that the Legislature maybe informed of I the popular will, as well as may be, in reference to constitutional reform. OVR MATEBIAL, INDUSTRIAL, AND EDTJCA- TIOXAL INTERESTS OPPRESSED. That the material, industrial and edu cat ion al interests of the State are in a ca lamitous condition is manifest to the com monest observer. There is now a direful , incubus upon the state that deadens the f energies of the people and destroys all v reasonable hope of future prosperity. Every man has the distressing sense that $ he labors and toils in vain I These evils arc not owing to any lack of industry and persistent eflort on the part of the people. Ever . since the late war they have walked assiduously, and thou sands have labored who never labored be fore. They have lived economically. The soil has generally yielded good crops and fair prices have been realized for them. But their earnings are gonel Where are they f Their "desolated farms are not restored. The waste places are not built up.. The greater number of the towns and villages are as decayed as at the close of the war ; many of them are in a worse condition. The destroyed manu factories, with but few exceptions, have not letn rebuilt. And where, we repeat, arc the earnings of our impoverished peo ple ? They are swallowed up in oppres sive taxation, to support a system of state government essentially expensive, and a radical extravagance without a parallel in the history of a free people. BUUDEXSOME TAXATION PUBLIC EXTRAV AGANCE. During the first two years under the present Constitution, 11,807,580 were col lected irom the people, and every dollar of this vast sum was expended in the ad ministration of the State government an average of over $900,000 a year! about ten times what it cost to adminis ter the government before the war ! There belonged to the School Fund, derived from the Land Scrip donated by the United States, the sum of $122,000. This sum was invested mostly in "special tax bonds," and the fund is Tirtoallj lost. These monstrous evils are the legitimate fruits of the workings of the present Con stitution and radical misrule under it. The present organization fastens on the people a system of government essentially , "Breathes 'there a man-with soul sod6ad, Who never to himself hath said, This is my own, my native land.,,tc,f" i I " 'i ii j i 1 i 1 I 1 1 i - . nr.n SKRTES VOLUME 43 3. h i. h NEW SERIES VOLUME 1 ii extravagant the township system alono making necessary about three tnousana officers at an' annual expense of from $300,000 to $400,000. It establishes a public debt amounting to $40,000,000, half of which is confessedly dishonest and irandnlcnL and which the people are un able to pay. , MISRULE, FRAUD, FORCE AND THE 8WOB3X Under this organic law the people are subiected to an intolerable misrule at the hands of the radical party. Jtfr means oi notoriona frand. force and the sword, that party had absolute control of the Conven tion that framed the present Constitution, and like control of the first Legislature that assembled under it; and although the neonle were impovenshed. this radical Convention and Legislature increased the public debt from $20,000,000 to near $40, 000.000 in less than eighteen months. . Of this 820.000.000. . less than fcouu.wu uave gOheTBta the public w4rks or to the benefit of the people. This party placed in office a Governor who absolutely suspended the Constitution arid laws of the State ; he ar rested scores of innocent citizens without warrant or any authority of law ; he sus pended the writ ot uwetucorpus ana defied the Chief Justice of the State ; he made his warrant from time to time on the Treasurer for large sums of money with out the sanction of law ; he raised a law less and mercenary horde of desperadoes and armed them at the public expense to execute his despotic will. I his party elected to the State Convention and the Legislature scores of men notorious for their ignorance, licentiousness, dishonesty and corniDtion. who. at the behests of their party and knavish speculators, in creased the public debt to the enormous 6um already stated. This party degraded and disgraced the Judiciary by electing to high judicial stations men shamefully ignorant and corrupt, and others who have not scrupled to ' manifest the most blatant partlzan filings while holding their offices. This party have ruined the credit of the State they have blasted the hones and prosperity of the people in the most shameless and defiant manner they have made every department of the gov ernment a by -word and reproach. To es tablish the truth of these charges we need but point to the history of the State for the last three years and appeal to the ob servation of every intelligent citizen. THE PRESENT CONSTITUTION. This Constitution and this party, with a radical, reckless and extravagant admin istration of the Federal Government, make up the manifest causes of the suf ferings, poverty and ruin that crush the people of the State. The Radical party have brought upon ns an these evils, ana there is no relief from them but through salutary changes of the Constitution, and a change of our present rulers for others who shall be capable, honest, wise and pa triotic. Tbo rewoi oooetitution is loose, illogi cal, contradictory and absurd in many of its provisions, and it were well it it could be entirely re-written ; but this is not practicable by the legislative mode of amendment. Action will be expedited by amending it in a few very important par ticulars, tor the present, and leaving gen eral amendment to a future time. CONSTITUTIONAL AMENDMENTS SUGGESTED. In the judgment of the Executive Com mittee, the Constitution should at once, be ac: ended in the following particulars : Section 6, of Article 1 should be so amended as to strike out all thereof that provides the inviolability of the public debt. Section 2 of Article 2 should be so amended as to provide that the Legisla ture shall meet regularly every two years, instead of every year, and it should be provided that the members of the Legis lature shall receive but $3 per day and 10 cents mileage, and such pay for no lon ger a period than 100 days during their terra of omce. The office of Superintendent of Public Works should be abolished. Article 3, Section 1, should be so amend ed as the Governor and other officers, therein mentioned, shall hold their offices but two yean, instead of tour years, as now provided-. Section 10 of Article 3 should be so amended as to provvcle that the Governor shall nominate the officers therein men tioned, y and with the advice and con sent of the Senate, unless otherwise pro vided by law. Article 4 should be so amended as to strike out sections 2 and 3, thus abolishing the Code Commission. Section 4, of this article should be. strick en out, leaving the Legislature to regu late the number and style of Courts. In stead of five Supreme Court Judges, and twelve Superior Court Judges, as now provided, there should be but three Su preme Court and eight Superior Court Judges, who shall be elected every eight years. Sections 11, 12, 13, 14, 15, 16, 17, 18, 19, 26, 27, 28, 31 and 33 of article 4 should be stricken out and it should be provided that the judicial pow ers of the state shall be vested in one Su preme Court and in such Superior Courts and inferior Courts as the General Assem bly may establish. Section 4 of article 5 should be stricken out, thus striking out the mortgage provi sion on all the property of the State for the interest of the public debt Section 6 of article 5, should be so amended as to enlarge the class of exemp tions so as to include " stock and provi sions." Article 6, section 5, should be so amended as to provide that the persons therein rendered ineligible for office shall likewise be rendered incompetent to vote. Article 7 should "be abolished, except section 13, thus sweeping away the Town ship system and leaving the matter to the Legislature. Article 10 should be so amended as to provide that the Homestead provisions should apply to all debts alike, and it should be in fee that is absolute. Article 11, section 10, should-be so amended as to provide that its benefits Ehall extend only to indigent persons. Article 14, section 7, should be so amended as to provide that no person shall hold any lucrative- office under this State while he holds an office under the United States.', Sec 5 of Art. 2 should be so amended as to abolish the provision for taking a census of the State in 1875, and every ten years thereafter. We would suggest as a further amend ment, that Sec. 5 of Art. 9 be so amended as to provide that the University shall lie under the control of the General Assembly, who shall elect a Board of Trustees, of KaiiEighvN. C., which the, (&vexnor.. -.j qficto Chairman, and Sections imd l"4 ' ot i that Article should be stricken but ' ' f Other amendments ought lo "be made, but those suggested wouldrelievei the people from tha burdensome andf extrava-' gant State government that .now swallows' up their earnings, and fastens upon them a State debt which they cannot pay, but of which they may easily so compromise and adjust the honeat-portion, as will reduce it within manageable limits. CRIME AND OUTRAGE. We deem it worth while to notice in this address, that wicked and interested per sons unprincipled -and violent radical partisans in and out of this State for sinister purposes, have, sought to produce I the false impression, that .tbe"Democratic-, Conservative party -have. and do connive t. rntiifiwi Vf .rim at and encoursze and outrage. - To this detestable end 'they have, wherever th.ey could, prostitute the press, legislative and judicial proceedings, and reserted U every means within their power. Such imputation is not only groundless, false and scandalous, but in famous to the last degree, and. betrays a spiiit of wickedness, we venture to assert, without a parallel u political warfare. The party which we represent has al ways and persistently condemned cj-ime, by whomsoever perpetrated, and has re peatedly gone out of the usual political course to denounce it, and urge upon the people the high importance ot peace and good order, and the duty 6f every good citizen to be active and zealous in bring -ing offenders to justice. The course pursued by the unworthy persons to whom we refer is deeply to be deplored by all good men of every politi cal party. It is not only ignoble, but it tends to destroy the moral and legitimate effect of the voice of the press, legislative action and judicial determination, for the suppression of crime their constant ef fort is to turn such matters to political , this detestkble end ithev" advantage by giving them apolitical turn, and thus they produce the almost inevi table conviction on the minds of disinter-. ested observers that the purpose of the press, the Legislature and Courts, is not to suppress crime and outrage, but to manufacture' political capital and advan tage from the crimes of offenders, and thus engender bitter feelings among their op-' ponents, destroy confidence1 in the Courts and bring them into disgrace and con tempt. . f We again urge our friends to cet their faces against violence and lawlessness of all kinds, and to be especially active in preventing secret outrages by disguised persons. NATIONAL POLITICS. It is to be 'regretted that the people of this State have failed to take any very ac tive interest in national politics since the close of the late war. In onr judgment this is unwise. Our people are of the Unon it is our crovernment and to it we must look, as we have the right, for sup- fort and protection in our rights of life, iberty and property, at home and abroad we owe it allegiance and support, and it is a patriotic duty to yield these it is as much our duty to join our fellow-countrymen in shaping and controlling the policy and destiny of this great common national government. We have" all the rights that any of the American people have, and we are false to the country and ourselves if we fail to recognize,.. exercise And act upon them. The people have rights : let them exercise them firmly and respectfully, and when need be, assert them as freemen and American citizens in the councils of the nation, in political assemblages, and every where. If we consent to be dwarfed and ignored nationally, then indeed, we may expect to be for all time to come. CORRUPTION, EXTRAVAGANCE AND USURPA TION. Our common country is subject to. grievous political evils to which the com pass of this address will allow us to ad vert very briefly. Official corruption in high and low places; public extravagance; usurpation of great powers not conferred, but denied and prohibited by the Constitution ; high and oppressive tariffs which foster im mense monopolies ; the direct encourage- .ment and support of monopolies; prosti tution of official patronage to promote party ascendancy ; a ; system of taxation which brings into active service in the in terests of the, party in power, hordes of Internal Revenue officers who oppress! plunder and outrage the people of' the na tion, and under which large surplus sums ot money are raised that ought td remain in the pockets of the people; a general system of espionaze ; a suspension of the liberties of the people upon the slightest pretext, in express violation of the Con stitution ; armed military interference with the freedom of elections ; a general system ot official bribery and party favoritism in every department and the administration of the affairs of the governmeatx are public national evils, the 'enormity, 'extent and danger of which can scarcely be measured or appreciated by the people subject to them. That these evils do exist is man ifest to everybody. The dearest, highest interests of a free people demand that they shall not close their eyes to such dangers too long lest the time shall Come when they will find their form of government changed in name as well as in iact; and their liberties lost SOURCE OY PUBLIC EVILS THE "HIGHER LAWM OF THE REPUBLICAN PARTV. Most if not all these evils, are attributa ble to the Radical or Republican party of the nation, to its doctrines, policy and practices. It is essentially a party inimi cal and dangerous to the constitution and public and personal liberty.- It is founded upon the despotic dogma that there is a "higher law" than, the constitution ; it is emphatically and essentially a "higher law" party. This dogma is its life and soul, and it proceeds on the Jesuitical max im, that "the end justifies the means." Hence it is, the head of this party, the president does not hesitate to send the army to New York and elsewhere at the North, to this State, Texas and all ovei the South, in violation of the letter and spirit of the Constitution, to control the elections and prepare the way for his and his party's continued ascendancy, and his own election. Hence, too, we find him for like purposes suspending the privilege of the writ of habeas corpus in a time of profound peace, arresting the citizen with out warrant or lawful authority, but only by lawless force. Hence, too, we find this party in Congress avowedly, and in the most riotous manner, passing laws at one time to oust the juris diction of the Supreme Court of the Union to prevent tnat great mounai Satitrbay Morning, from declaring its acts and assaults on the M . . . ' . 1 LI J !3 i&nSUtuuon uucuQBumuun&i ana voia, &t another time' passing a similar law to " pack" that Court with partizans to alter a eoiemn aecision airemu j maue, out dis tasteful to this "higher law" party. Hence, too, uunureus am ; uujw. buiiubi wu uuaa by this party which illustrate the princi ptesrpoficy and practices which we have . . i j n i j. ii. ' a t r a. .i attnouteo. to , wiu nuivu it nut arrcsieu and suppressed, must result in the absolute . overthrow, of. the system oi government formed and handed dawn to us by Wash- 1DEXUB. AUU.UM ujuiuauiVM,. x u Blil.ll a party has been allowed to spring, up on American, Boil i monstrous and alarming ! THE NATIONAL. DEMOCRATIC PARTY THE ONLY OTHER PARTY. There . is 'but que. other great political party in, the cpuntry-r-tbat is the National I "Democratic bartyIa bur All Pur juagmeni, it is the patriotic doty of yery' ioVer of liberty ana tree government to co-operate wiin that great and powerful party to arrest the trerriendous evils to which we have ad verted, and which will, sooner or later, if not suppressed, destroy freedom and tablish despotism and the sword. 1 POLITICAL DUTY OF ALL PATRIOTS,' es- To accomplish this great measure of re form in our State and National Govern mentaWe cordially invite the zealous co operation of every patriot, without regard to Ms hitherto party affiliations. We stand ' in determined opposition to the crimes and evils to which we have briefly directed public attention, and we ask all good people to stand with us, trusting that such common patriotic effort, through the blessing of God, may save us and our country from impending danger and ruin. THOS. BRAGG. Chairman. A. S. MERRIMON, M. A. BLEDSOE, R, H. BATTLE, Jr., J. Q. DECARTERET, C. M. BUSBEE, W. R. COX J. J. LITCHFORD, Central Executive Committee. The Constitution of North - Carolina. PROVISIONS AFFECTED BY AMEND MENTS SUGGESTED BY CEN TRAL COMMITTEE OF THE DEMOCRAT IC PARTY. The following Articles and Sections are taken from the Constitution of the State to show wherein it is proposed by the Democratic party to amend the Constitu tion of North Carolina by Legislative en actment : . Article X Section 6 To maintain the honor and goodfaith bf the State Untarnished, the public debt regularly contracted before and since the rebellion, shall be regarded "as Inviolable and never be questioned; but the State shall never assume or pay, or authorize the collection of. anv debt or bbligation, express or implied, incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave. Proposed to so amend as to strike out all thereof that provides the inviolability of the public debt. Article II. Section 2. The Senate and House of Representatives shall meet annually on the third Monday in November, and when assembled, shall rra-denornhjated the Gene ral Assembly. Neither House shall pro ceed upon public business, unless a majori ty of all the members are actually present. So amend as to provide that the Legis lature shall meet regularly every two years, instead of every year, and it should be provided that the? members of the Legis lature? shall receive but $3 per day and 10 cents mileage, and such pay for no longer period than 100 days during their term of office. Article IIL Section 1. The Executive Department shall consist of a Governor, (in whom shall be vested the Supreme executive power of the State) a Lieutenant Governor, a Secre tary of State, an Auditor, a Treasurer, a Superintendent of Public Works, a Su perintendent of Public Instruction, and an Attorney General, who shall be elected for a term of four years by the qualified elec tors of the State, at the same time and places and in the same manner as members of the General Assembly are elected. Their term of office shall commence on the first day of January next after their elec tion, and continue until their successors are elected and qualified : Provided, That the officers first elected shall assume the duties of their office ten days after the approval of this Constitution by the Con gress, of the United States, and shall hold theirtjffice four years from and after the first day of January, 1869. Address asks for abolition of this office. So amend as the Governor and other officers, therein mentioned, shall hold their offices but two years, instead of four years, as now provided. Sec. 10. The Governor shall . nominate, and, by and with the advice and consent of a majority off the Senators elect appoint nil officers whose offices are established by this Constitution, or which shall be created by law, and whose appointments arenot otherwise provided for, and no such officer shall be appointed or elected by the Gene ral Assembly. Should be so amended as to provide that the Governor ehall nominate the offi cers therein mentioned, by and with the advice and consent of the Senate, unless otherwise provided by law. Article IV. Section 2. Three Commissioners shall be appointed by this Convention to report to the General Assembly at its first session after this Constitution shall be adopted by the people, rules of practice and pro cedure in accordance with the provisions of the-foregoing section, and the Conven tion shall provide for the Commissioners a reasonable compensation. Sec 3. The same Commissioners shall also report to the General Assembly as soon as practicable, a coae oi tne law or nono j to fill all vacancies occurring in this Com- vMioeinn mission. November 4' 1871. Strike out sections 2 and 3, thus abolish ishing the Code Commission. See. 4. The judicial power of the State shall be vested in a. Court for the trial of Impeachments,' a Supreme Court, Superior courts, courts or Justices of the Peace, and Special Courts. . Strike out, and leave the Legislature to regulate the number and style of Courts. Instead of five Supreme Court Judges and twelve Superior Court Judges, as now pro vided, there should be but three Supreme Court and eight Superior Court Judges, who shall be elected every eight years. Sec 11. The Supreme Court shall have original jurisdiction to hear claims against the State, but its decisions shall be merely recommendatory; no process in the nature of execution sbull issue thereon ; they ehall be reported to the next session of the Gen- 1 A 1 f . . . . ' 1 era i .ssemDiy ior us action. Sec. 12. The State shall be divided into twelve judicial Districts,Toreach'of which a judge snail oe chosen, woo shall hold a Superior Court in each County in said Dis trict at least twice in each year, to continue for two weeks, unless the business shall be sooner disposed of. Sec. 13. Until altered by law. the fol lowing shall be the Judicial Districts : First District Currituck, Camden, Pas quotank, Perquimans, Chowan, Gates, Hertford, Bertie. ' Second District Tyrrell, Hyde, Wash ington, Beaufort, Martin, Pitt, Edgecombe. Third District Craven, Carteret, Jones, Greene, Onslow, Lenoir, Wayne, Wilson. Fourth District Brunswick, New Han over, Duplin, Columbus, Bladen, Sampson, Robeson. Fifth District Cumberland, Harnett, Mtore, Richmond, Ansop, Montgomery, Stanly, Union. Sixth District rNorthampton, Warren, Halifax, Wake, Nash, Franklin, Johnston, Granville. Seventh District Person, Orange, Chat-, ham, Randolph, Guilford, Alamance, Cas well, Rockingham. Eighth District Stokes, Forsyth, Da vidson, Rowan, Davie, Yadkin, Surry. Ninth District Catawba, Cabarrus, Mecklenburg, Lincoln, Gaston, Cleveland, Rutherford, Polk. Tenth District Iredell, Wilkes, Burke, Alexander, Caldwell, McDowell. Eleventh District Alleghany, Ashe, Watauga, Mitchell, Yancey, Madison, Bun combe Twelfth District Henderson, Transyl vania, Hay wood, Macon, jacKson, Clay, Cherokee. Sec. 14. Every Judge ot a Superior Court shall reside in hi3 District while holding his office. The Judges may ex change Districts with each other with the consent of the Governor, and the Gover nor, for good reasons, which he shall report to the Legislature at its current or next session, may require any Judge to hold one or more specified terms of said Courts in lieu of the Judge in whose District they arc. Sec. 15. The Superior Courts shall have exclusive original jurisdiction of all civil actions, whereof exclusive original juris diction is not given to some other Courts ; and of all criminal actions in which the punishment may exceed a fine of fifty dol lars or imprisonment for one month. Sec 16. The Superior Courts shall have appellate jurisdiction of all issues of law or fact determined by a Probate Judge or a Justice of the Peace, where the matter in controversy exceeds twenty-five dollars, and of matters of law in all cases. Sec. 17. The Clerks of the Superior' Courts shall have jurisdiction of the pro bate of deeds, the granting of letters testa mentary and of administration, the ap pointment of guardians, the apprenticing of orphans, to audit the accounts of execu tors, administrators and guardians, and ot such other matters as shall be prescribed bylaw. All issues of fact joined before them shall be transferred to the Superior Courts for trial, and appeals shall He to the Superior Courts from their judgments in all matters of law. Sec. 18. In all issues of fact, joined in any Court, the parties may waive the right to have the iame determined by jury, in which case the finding of the Judge upon the facts shall have the force and effect of a verdict of a jury. Sec 19. The General Assembly shall pro vide .for the establishment of Special Courts, for the trial of misdemeanors, in Cities and Towns, where the same may be necessary. Sec 26. The Justices of the Supreme Court shall be elected by the qualified voters of the State, as is provided for the election of members of 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 hold their offices for eight years : but the Judges of the Superior Courts elected at the first election under this Constitution, shall, after their election, under the super intendence 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 lor eight years. Sec. 27.- The General Assembly may pro vide by law that the Judges of the Supe rior Courts, instead of being elected by the voters of the whole State, as is herein pro vided for, shall be elected by the voters of their respective Districts. Sec. 28. 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. 31; All vacancies occurring in the offices provided for by this Article of this Constitution, shall he niled by the ap pointment of the Governor, unless other wise provided for, and tho appointees shall hold their places until the next regu lar election. Sec 33. The several Justices of the Peace shall have exclusive original jurisdiction under such regulations as the General As sembly shall prescribe, of all civil actions, founded on contract, wherein the sum de manded shall not exceed two hundred dollars, and wherein the title to real estate shall not be in controversy; and of all criminal matters arising within their Coun ties, where the punishment cannot exceed a fine of fifty dollars, or imprisonment for one month. When an issue of fact shall be joined before a Justice, on demand of either party thereto, be shall cause a jury of six men to be summoned, who shall try the same. The party against whom judg ment shall be rendered in any. civil action may appeal to the Superior Court from the same, and, ii tne judgment snail exceed trial of the whole matter in thc appeiiate Number ;17f court; but if the iodgmeat shall -be tor twenty-five dollar or less, then the case shall be heard in the appellate Court only upon matters bt law. In -ail cases bf. criminal nature, the party against "whom judgment, is. given may appeal toi the Superior Court, wbtre the. matter shall be heard anew. In all cases brought before a Justice, he shall make a record of the proceedings, and file the same with the Clerk of the Superior Court for his County. Sees, to 10, 26 to 28, 81 and S3 should be stricken . out, and it should be provi ded that the judicial powers of the State shall be vested in one supreme' Courf and in sucn Dupenor uonrts waa inrcnorUparts as the General Assembly may establish. ' ' . ! '.TICXViv "' ' , ..... . - . t .in in-j'.jwm-' 111 ."j - Sec. 4. The General Assembly shallby appropriate legislation, and by adequate taxation, provide for the prompt and j reg ular payment of the interest on the public debt, and after thereat 1880, it shfritUya specific annual tax upon the real tfndi per sonal property of the State, -and the I sum thus realized shall be set apart aa a sinking fund, to be devoted to the payment of the public debt. . i Should be stricken out, thus striking out the mortgage provision on all the pro. perty of the State for the interest of the public debt Sec. 6. Property belonging to the State; or to municipal corporations, shall be ex empt from taxation. The General Assem bly may exempt cemeteries, and property lield for educational, scientific, literary. charitable, or religious purposes; also. wearing apparel, arms for muster, house hold and kitchen furniture, the mechanical and agricultural implements of mechanic and farmers, libraries and scientific lastru ments, to a value not exceeding three hun dred dollars. Should be so amended as to enlarge the class of exemptions so as to Include' "stock and provisions." article VL Ji Sec. 5. T.ie following classes of persons shall be disqualified for office : First, All all persons who shall deny the being of Almighty God. Second, All persons who shall have been convicted of treason, per jury, or of any other infamous crime, since oecoming citizens of the United States, or of corruption, or mal practice in office, un less such person shall have been legally restored to the rights of citizenship. So amend as to provide that the persons therein rendered ineligible for office shall likewise be rendered incompetent to VOtCt Article .VIL Skctiok 1. In each County, there half be elected, biennially, by the qualified vo ters therof as provided for the election of members of the General Assembly, the fol lowing officers: A Treasurer, Register of 1 . 3 .1 tji; n T . iccua, ouiycjw auu r ive commissioners. Sec. 2. It shall be the duty of the Com missioners to exercise a general supervision ana control, ot tne penal and charitable in stitutions, schools, roads, bridges, levying oi taxes ana nnances oi toe county, as may be prescribed by law. The Register of Deeds shall be, ex officio, Clerk of the Board ot Commissioners. Sec. 3. It shall be the duty of the Com missioners first elected in each County, to divide the same into convenient Districts, to determine the boundaries and prcsrpibe the name of the said Districts, and to re port the same to the General Assembly be fore the first day of January, 1869. Seo 4. Upon the approval of the reports provided for in the foregoinr i section, bv the General Assembly, the said Districts shall have corporate' powers for the neces sary purposes of local government, and shall be known as Townships. dec. o. an eacn lownsnip there shall be biennially elected, by the qualified voters thereof, a Clerk and two Justices, if the eacc.who shall constitute a Board bt Trus tees, and shall, under the supervision of the County Commissioners, haye control iof tbe taxes and finances,' roads and bridges of the Township as may be prescribed by Taw. The General Assembly may provide for the election of a larger number of Jnstices of the' Peace in Cities and Towns and In those Townships in which Cities and Towns" are situated. In every Townshior tbcre shall also be bicnniall v tlecicd School Committee,, consisting. ot three persons, whose duty shall be prescribed by law. Sec. 6. The Township Board of Trustees shall assess the taxable property of their Townships and make return to.the Counly Commissioners, for revision, -as'. may be prescribed! by law. The Clerk shall also be, ex officio, Treasurer of the Township. Sec. 7. No County, City, Town, or other municipal corporation shall contract any debt, pledge its faith, or loan its credit, nor shall any tax be levied, or collected by any officers of the same, except for the necessary expenses thereof, unless by a vote of a majority of the qualified voters there in. Sec. 8. No money shall be drawn- from any County or Township Treasury, except by authority of law. ' i Sec. 9. All taxes levied by any County, City, Town, or Township,' shall be uniform and ad valorem, upon all property in the same, except property exempted by .this Constitution. , Sec. 10. The County officers first elected under the provisions of this Article shall enter upon their duties ten days after the approval of this Constitution by the Con gress of the United States. ' Sec. 11. The Governor shall appoint a suffick nt number of Justiccs'of the i Peace in each County, who shall hold their places until sectious four, five and six of this Article shall have been ' carried ito effect. - . . j.... Sec. 12. All charters, ordinances and provisions relating to municipal corpora tions shall remain in force -until legally changed, unless inconsistent With fhe pro visions of this Constitution. Abolish the Article, except section ; 13, thus sweeping awa the : fiv'kship system and leaving the matter to the Xegisiature.i Section li The personal property of any resident or this Staterto the, value of five hundred dollars, to be selected by such resident shall be, and is hereby exempted from sale under execution, or other final process of any Court, issued for the col lection of any debt ' , 1 00, ' orv a 10 on 11 50 7 o, is ( i a hi a IS (O 2A 00 it tQ SI on S on 40 00 35 00 50 00 57 W! IH1 Ot) 87 W llO 00 squirt squares squares column column col am 17 ao S3 0 36 00 60 M SO 00, , '-. A inch pace, or less. Is a square. ! .Sec 2. Every homestead, ami the dwel ling and building used therewith, not ex ceeding io.valao oqe thousand dolhrs to be selected by the owner thereof, or in lieu thereof, at 'the option of the owner, any lot in a Cityr Town or Village, with the dwelling anil buildings used thereon, owned and occupied by any ' resident of this Slate, and not exceeding the value of one thousand dollars, shall be exempted from sale under execution, or other final process obtained on i any UebtL But no property ahajl be exempt from sale for tax- Ll 1- r r r n . . cs, ur ior pjurcut ih uwiiguuua contract ed for the purchase of. said promises. Sec 8. The homestead, after the death of the " dwuer thereof, shall be exempt from the payment of anv dnbt during? tho minority ollhia .child rcnft of "them, i'y-' .,.. ; . ; Sec, 4, The provisions of section one and two of this Article shall not lie so construed 'as to prevent a laborer's lien for work, done and performed fur the person claiming such exemptionor a mechanic's liea for work done on the premises. Sec 5.If.tbe owner of a homestead die, leaving a widowbut do children, the same shall fee exempt from1 the debts of her hus band, aad the rtnU and profits thereof shall Inure to her benefit 'during her with fawbood, unless ehe be the owner of a homestead in her own right,. . ' Sec 6. Tne real and personal property of any female in the State, acquired before marriage, and all property, real and per sonal, to which she ,nay, after marriage, become, in any manner entitled, shall bo and remain the sole and separate estate and property of such female, and shall not be liable tor any debts, oblicratlons or en gagements of her husband, and may bo devised or bequeathed. And. with the written assent of her husband, conveyed by her as if she were unmarried. Sec. 7. Toe husband may insure hu own life for the sole use and benefit of his wife and children, and in case of the death of the husband the amount thus insured shall be paid over to tho wife and children, or the guardian, if under age, for her, or their own use, free from r all the claims of the representatives of the husband, or any ot his creditors. - Sec 8. Nothing contained in the fore going sections of this Article shall operate, to prevent the owner of a homestead from disposing of the same by deed; but uo deed made by the owner of a homestead shall be valid without tho voluutary signa ture and assent of his wife, signified o t A f A If I tier private examination according io la This Article should be so imcnded a to provide that the Homestead provisions should apply to all debts alike, and it should be in fee that is, absolute. J Article XL Section 10. Tne General Assembly shall " provide that all the deaf mutes, tho blind, the insane of the State, shall be cared for at tne charge or the Bute. So amend as to provide that its benefit shall extend only to Indigent persons. Article XIV. Section 7. No person shall hold more than one lucrative offico under tho State, at the same time : Piovidsd, That officers in the Militia, Justices of tho Peace, Com missioners of Public Cuarit'es and Com missioners appointed for. special uriM)wt, shall not bo considered officers within the meaning of this section. Should be so amended as to provide that no person shall hold any lucrative office under this State while he holds hu office under the United States. ; Article II. ffectionS, An enumeration of the inhabi tants of the State shall Iks taken under the direction pf the General Assembly in the year one thousand eight hundred' and seventy five; and ' at the end of every ten jrcaiv iminuwi , hu iiichiu ex-ijuic urn- tricts shall be so alteied by t Itc General Assembly, at' the first sewtion alter the re torn of every enumeration taken as afore said, or by order ol Congress, Utat each Senate District shall contain, as nearly ss may be, an equal number of iulutMunU, excluding aliens and Indians not In ted, and shall remain unaliered until the return of another enumeration, and sli.Vll at all times consist of contiguous territory ; and no County shall be divided in'the forma tion of a Senate District,' antettrsfrtfch County shall le equitably entitled to two or more Senators. So amend as to aboIih the provision for taking a census" of the Statu in 1875, and4every ten years ihervafter. w- Article IX. Section 5. The University of North Carolina, with its lands, emoluments and franchises, is under the control ol the Wtat.-, and shall be held to an inseparable con nectiop with the free public school vt i.i 61 the State. So amend as' to provide that the I'rii versity shall be under the contn I of the General Assembly, who shall ch-ct a Board of Trustees, of which the G6rcriMr thill be ex officio Chairman Sec 13. The Board of Education shall elect Trustees lor the University as follow : One Trustee for each County in the State, whose term of office shall be eijf lit years. The first meeting of the Board shall be held within ten (10) days after their d tion, and at this and every subvijucnt' meetirig, ten Trusters shall constitute quorum. The Trustoi a, st tk ir nnt mi t t ing, shall be divided as equally as uaj U. into four c'asaes. The seats .f the firt class shall be vacated at the e piration of two years; of the second class, at the ex piration of tour years; ol the third Ha-, at the expiation of six years; of thc fourth class, at the expiration of eight jesrs ; so that one-fourth may be chosen every second year. - - v - See 14. The" Board of Education n. the President of the University shall be pfficio members of the Board of Trustors oi toe University: and shall, with three other Trustees, to be appointed by the Board ot -trustees, constitute .the Executive Com mittee of the Trustees of l lie University of North Carolina, and shsll be clothed with the power delegated to the Executive Committee under the txUtlncr nromi7.it in rof the Institution. The Governor shall be es officio President of the Board of Trustees and Chairman of the Executive Committee of the University. .The Board of Educa tion snail ' provide - for the more perfect organization of the Board of Trustees. Sections 13 and U of Ibis Article shot' Id be stricken oat '
The News & Observer (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Nov. 4, 1871, edition 1
1
Click "Submit" to request a review of this page. NCDHC staff will check .
0 / 75