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raaauRB advertisemehts; 7 forth. Carolimmu $ , . :al Democratic Paper. r 1 square squares 3 square 4 squares 4 column .$10 Breathes there a man with soul so dead, Who never to himself hath said, This is my own, my native land." 8 0 12 SO Si OLD SERIES VOLUME 43. (, Raleigh, K C, Saturday Morning, November 11, 1871. Number 23. 13 column 19 IH M OH UK A i;U, Manager. TF.V SERIES VOLUME 1. hub tM 60 (HI b. If An inch cr, or ks, is a jur. C: To C TI. " 1.;; . ait t ' ;cst '..., : a their note c relf : T' 'onv ar ' &1 :ie 1 .cs, ad c, at: i -, op;: at. vv. , .. forts w akt4; i ... .. eated by onservatl :ntion." ral an d ; iggestc ! : m by f ' 3 cf t" nvcz'. it of c ate f feat it. Isely i " prive t rid r ' ted 1 med : e fed -' liertL ey an rence 310B, ' id: asti: icat, : a-' ? r; ' 1IOCRATIC PARTY RTH CAROLINA. ADDRESS ' OK THE. iecutive Committee. -fXortk Carolina: ire Committee of the Dem Tativc part.v of this State, Lion among themselves and ends from different parts of dliar with public sentiment, It necessary and proper that Executive Committee shall eople in reference to "various lie interest, and particularly I reform in this Stat. The mittee, therefore, feel espe tipon and instructed to sub aple such views and-.: to sug sures ot reform and relief as. aeut, are calculated to pro 01 action and the general State. t JSVE.NTIO.N KI.ECTION.i pf the election in August h adverse to the call of a f 1 he people, cannot j be re expression of popular appro the leading provisions of iatc constitution ; for all par rcely any, dissent, recognized 1 the paramount necessity for the organic law in fceveral icular.. 5 - result of that election be ned as a party success; or de-. sue submitted and 'passed party iiS'te, although great aue by interest eu persons to -i-nor was it so regarded or thousands of democrats and "who voted against I '"Con it election turned "on colla- extravagant the township system alone innkirc necessarv about three thousand 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 fraudulent, ami-which the people are un able to pay. MISRULE. FRACD, PORCK AND TUB SWORD. Under this organic law the people are subiected to an intolerable misrule at the 1i.in.ls of the radical nartv. Bv means of notorious fraud, force and the sword, that party had absolute control of the Conven tion that framed the present Constitution, and like control of the nrstegisiature that assembled under it; and although the neonlc were impoverished, this radical Convention and Legislature increased the public debt from f 20,000,000, to near f40,- 000.000 in Ic99 than eighteen months. Of this S20.000.000, less than 500,000 have eone into the public works or to the benent of the people, lhis party piaceu ln.omce press, legislative and judicial proceedings, which the Governor shall be ex fjfficio Chairman, and Sections 13 and 14 ot that Article should be stricken out. Other amendments ought to be made, but those suggested would relieve the people from the burdensome and 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 honest portion, as wilfrcduce 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 partizans in and out of this State for sinister purposes, have sought to produce the false impression that the Democratic- Conserrative party-have and connive at and encourage the perpetration of crime and outrage. To this detestable end they have, wherever they could, prostituted the eterial issues, most of them I pressed uion public atten reat body of the olficdhold- te. who apprehended that a if called, would turn ; them ' The oinee-holders of the -ally opposed the call they sonty and other appliances to The colored people wcrcimade lieve that a convention Jvould l of their freedom, or greatly r political rights'. Thousands t the call because they feared ference of the authorities of overnnietit and another war ads voted against it, because aded some unfriendly inter the present homestead pro some believed the call as ithout the sanction of the And revolutionary ; so that, we lection turned, not in favor ot political party, nor upon its of the issue submitted to ut upon many collateral con- e. . uzz The i ' a ( ar n:: . ! tl set: tie I tr, v 1 of a risl- ho; . I f ,ve ; fr an: : 'be i tie C at. a: rt pros '. perit it is r.. zen t sfact ' ' f fee." ' abers 7 f f t, i- . o s V: :rt; 1 OK AMK.NDMF.XT SETTLKPj rity against tlie proposed call sntion, though comparatively Jes adversely the pniposition 8 CoiisUtuti(-n by a Convention le, however proper and desira Jhod of amendment may bet t, because the radical members fslatuie, at the behest of Jtheir imously refused to vote for the anvention of the people by the' i Such a call cannot be made 9 votes of at least a few of them, ad their party thus assume the psibi!ity f preventing the'peo .vmending'and reforming their n ' remaining method of amend astitution is by legidatice epact hou'gh the Constitution operates fin many respects, and some of as preclude all hope of general while they continue in force, aifestly the duty of every good 3ek relie f from such evils bv :,c$moJt however slow and un ' in the present emergency, it Ve venture to hope that the cf the Legislature will, when lble, at once agree upon' 'this ief, and wej respect ful'y suggest ie lueantinie, thv peiple fgive J free expression of their wishes amendments A3 they desij-e, so "legislature may be informed of it will, as well as may lie, in con-t:tulioual reform. j I MAI tAl., lNJUTUi.l., AND ElifCA f TJC. iS.. INTKltRSTB OPPRESSED. rhat tlie matei ial. industrial and edu ional interests r.f the State are in i ca litotirtrtwrrtrtion is manifest to thejeom- server. 1 hem is now a direful 4on thu state that deadcn4 the :, of the people and destroys all ' j knpe of future prosperity, a has the distressing senscj that and toils in vain ! j Tils are n wing to)i0y Lick of w persistent cflort on thuj part p!v-. Ever since the late war walked assiduously, and lhou: t Li bored who never laborejd ba: Sy have lived economically. as generally yielded good crops prices have been realized for at their earnings' are gofie ! they ; The ir desolated, farms fitored. The waste places are p. The greater number of the 1 villages areas decayediasat if the vitr : many of them are in a aauion. i he destroyed , tn.l Ddl lew ! rebuilt. And k ii i oi .our mi ' C.s 'C rse tori .bv. ! manu- escept;ons, i have where, wn rnnnf. ' . - - i i npovenshed! peo d up in oppres- " n , u.vinauuiH-ii ua in onnrpa. ? lion, to support a system oi state bnt essentially expensive,' ajid i eVtrava'gfinee' without a parallel Jstory oi ' free people. . . , 8SO.ME TAXAnO-tJLTC" EXnAV ! AGANCE. I fg the lirst two rears under thrj .Constitution, $1,807,580 were col foin the people, and every dollar fast sum was expended in the ad .Ation of the State government rage of over $000,000 a year! Jen times .whal-5 cost to adminis Igovernmcnt before the war ! There fed to the School FubcV, tdciired the Land Strip ckaatJ s by the states, the slim o Tf2S,000.' This stly in "special tax ( ' fund! i JTirteaUy losi : lc monstrous evik arc the legitimate" In and rrk,ln"! f -tl,C PrcsSlt Con Jixscnt ..organization fastens on the I a system of government cssentiaiir j a Governor who absolutely suspended the Constitution and laws of the State ; he ar rested scores of innocent citizens without warrant or any authority of law : he sus pended the writ of habeas corpus and 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 ess and mercenary horde of desperadoes" and armed them at the public expense to xecute his despotic will. This party elected to the State Convention and the scores of men notorious for their ignorance, licentiousness, dishonesty and corruption, who, at the behests ol their party and knavish speculators, in creased the public debt to the cnorrnous sum already stated. 1 his 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 partizan feelings while holding their offices. This party have ruined the credit of the State they have blasted the hopes and prosperity of the people in the most shameless and denant manner tney 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 us all these evils, and 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. The present constitution is loose, illogi cal, contradictory and. absurd in many of its provisions, and it were well it it could be entirely re-written; hut this is not practicable by the legislative mode of amendment. Action will be expedited by amending it in a few very important par ticular?, lor the present, ami leaving gen eral amendment to a future tunc. CONSTITUTIONAL AMENDMENTS SUGGESTED. In the judgment of the Executive Com- mittee, the Constitution should at once be ac ended in the following particulars: Section G of Article 1 should be so imended as to strike out all thereof that provides the inviohihility of the pvblic UU. Section 2 of Article 2 should be so amended as to provide that the Legisla ture shall meet regularly every two years, nstead ot every year, andit should be provided that the members of the Legis- aturc shall receive but $3 per day and 10 cents mileage, and such pay for no lon ger a period than 100 days during their term of office. The office of Superintendent of Public Works should be abolished. Article i, Section 1, should be so amend ed as the Governor and other officers. therein mentioned, shall hold theirficcs but two year, instead of tour yfs, as now provided. Section 10 ol Article 3 should be so -.'mended as to provide that the Governor shall nominate the officers therein men tioned, by 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 live 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 vcars. Sections 11, 12, 13, 14, 15, 10, "17, IS, 19, 26. 27, 28, 31 and 33 of. article 4 should' be strick'en 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- tionssoasto include "stock and provi sions." Article 0, 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 loxen thip system and leaving the matter to the Legislature. and resorted to everv means within their power. Such imputation is not only groundless, false and scandalous, but m famous to the last degree, and betrays a spiiit of wickedness, we venture to assert, without a parallel in political warfare. The paJ-ty which we" represent has al ways and persistently condemned crime, by whomsoever perpetrated, and has re- peatediy gone oat or tne usual political course to denounce it. and urge upon the people the high importance ot peace and good order, and the duty of 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 ot crime their, constant et- fort is to turn such matters to political, advantage by giving them a political turn, and thus they produce the almost inevi table conviction on the minds (A disinter ested observers that the purpose of . the press, the Legislature anel 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 confidence in the Courts and bring them into disgrace and con tempt. We again urge our friends to set their faces against violence and lawlessness of from declaring its acts and assaults on the Constitution unconstitutional and yoid, at another time passing a similar law to " pack" that Court with partizans to alter a solemn decision already made, 'but dis tasteful to this "higher law" party. Ilence, too, hundreds of other similar acts done by this party which illustrate the princi ples, policy and practices which we have attributed to it, and which if not arrested and suppressed, must result in the absolute overthrow of the system of government formed and handed clown to as by Wash ington and his compatriots. That such a party has been allowed to spring tip on American soil is monstrous and alarming I THE NATIONAL DEMOCRATIC FABTT TUB ONLY OTHER PARTY. rg- There is but one other ere? political party in the country that is the' National Democratic party. In our judgment, it is the patriotic duty of every lover of liberty and free government to co-operate with that great and powerful party to arrest the tremendous evils to which we have ad verted, and which will, sooner or later, if not suppressed, destroy freedom and es tablish despotism and the sword. POLITICAL DUTY OP ALL PATRIOTS. To accomplish this great measure of re form in our State and .National Govern ments, we cordially invite the zealous co operation of every patriot, without regard to his 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. THUS. JiltAGG, Chairman. A. S. MERRIMON. M. A. BLEDSOE, 11. II. 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. 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 shall 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 lhis State while he holds an office under the.J.United Mates. .,-t.tr.-Mi Sec. 5 of Art 2 should lie so amended as to abolish the provision for taking a . census of the State in 1875, and every ten . years tnereaiter. - . We would suggest as a further amend ment, that Sec. 5 of Art. 9 be so amended as to provide that the University shall be under the control of the General Assembly, who shall elect a Board of Trustees, 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 btate have failed to take any very ac tive interest in national politics since the close of the late war. In our iudgment Has is unwise. Our people are of the Un'on it is our government and to it we must look, as we have the right, for sup port ami protection in our rights of lite. liberty 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-country-' men 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 lalse to the country and ourselves if we fail to recognize, exercise and act upon them. I he 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 t he- nation, in political assemblages, and every where. If we couscnt 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 toad vert very briefly. Official corruption in high and lowr places; public extravagance ; usurpation of great powers not confcrrcil, 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 j.. a system ,of taxation which brings into acilve 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 .61 money are raised that ought to remain in the pockets of the people; a general system of espionage ; 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 of official bribery and party favoritism in cyery department, and. the administration of the affairs ofjthe government, are public national evils, the enormity, extent and danger of which can scarcely be measured or appreciated bv the neonle siibieet to ii -j i i . Hjicm. That theseevils 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 ol government name as well as in fact, and changed in their liberties lost. SOURCE OP PUBLIC EVILS THE 'HIGHER LAW" OP THE REPUBLICAN PARTY. 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" th'an 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." Ijencc 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 StatTexisUud Sill over the South, in violation of the letter and spirit of -the.. Constitution,'?'!) control the elections and prepare the way or his and his party's continued ascendancy, ami his own election. Ilence, too, we find him for like purposes suspending the privilege bf;ther,writ" of habeas corpus in a time of profound peace, arresting the citizen with out; warrant or lawful authority, but only by lawless force. HcBcetqn, pre find this party in Congress Trvtrwcdly, 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 that great tribunal The following Articles and Sections are taken from the Constitution of the State to show wherein ib is proposed by the Democratic party to amend the Constitu tion of North Carolina by Legislative en actment : Article I. Section 6. To maintain the honor and good faith of the State untarnished, the public ilftht. rooil'lv 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, any debt or obligation 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 he denominated the Gene ra! Assembly. Neither House shalj pro ceed upon public business, unless a majors 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 latureishall 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 III. 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 ot 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 Ihcir 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 their' office four years from and after the first day of January, .1809. Address asks for abolition of this office. So amend as the Governor and other officers, therein mentioned, shall hold their ofiices 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 of the Senators elect, appoint all officers whose ollices are established by this Constitution, or which shall be created bv law. and whose appointments are not 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 slial,! nominate the offi cers thcrein'mentioricd, 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 as us urai 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 snail provide ior tue uimimsMuuers a reasonable compensation. Sec. 3. The same Commissioners shall also report to the General Assembly as soon a3 practicable, a code of the law of North Carolina. The Governor shall have power to fill all vacancies occurring in this Com mission. ! Strike ont 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 of 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 fiai original jurisdiction to hear claims against theBtalr, but-itsdeoiion tball bejnerely recommendatory; no process in the nature of execution shull issue thereon ; they shall be reported to the next session of the Gen eral Assembly tor its action. Sec. 12. The State shall be divided into twelve judicial Districts, for each of which a Judge shall be chosen, who 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, Moore, Richmond, Anson, Montgomery, Stanly, Union. Sixth District Northampton, 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, Watanga, Mitchell, Yancey, Madison, Bun combe Twelfth District Henderson, Transyl vania, Haywood, Macon, Jackson, Uiay, Cherokee. Sec. 14. Every Judge ot a Superior Court shall reside in his 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 noid one or more specified terms of said Courts in LWn of the Judge in whose Instruct they are. 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 ma 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 of such other matters as shall be prescribed by law. All issues of fact joined before them shall be transferred to the Superior Courts for trial, and appeals shall lie to the Superior Courts from their judgments in all matters of law. Sec. 18. In all issues of tact, joined in any Courts the parties may waive the right to have the same determined by jury, in which case the finding oi the Judge upon the facts shall have the force and effect ot 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 Sta.e, 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 for 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 be filled by the ap pointment of the Governor, unless other wise provided for, and the appointees shall hold their places until the next regu lar election. Sec.: 33V The several Justices of the Peace shall have exclusive original jurisdiction under such regulations as the General Assembly-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, he 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,-if the-judgment shall exceed twenty-fire dollars, there may be a new trial of the whole matter in the appellate Court; but if the iudgment shall be lor twenty-five dollars or less, then the case shall be heard in the appellate Court oaly upon matters ot law. In . all cases of a criminal nature, the party against whom judgment is given may appeal to the Superior Court,' where the matter shall be heard anew. . In all- cases brought lefrc a Justice, he shall make a record ot the proceedings, and file the same with the Clerk of the Superior Court for his County. Sees. Ii to 19, 26 to 28, 31 and 33 should be stricken out, and it should be provi ded that the judicial powers of the State shall be vested jn one Supreme Court and such Superior Courts and inferior Courts as tbe.UeaAssemblv mav establish. 1 - ' y ARTICLE' V. '; ' Sec. 4. The General Assembly shall, by appropriate legislation and by adequate taxation, provide ior tlie prompt and reg ular payment of the interest on the public debt, and after the yeai 1830, it,thall lay a specific annual tax upon the real and per sonal property of the State, and the sum thus realized shall be set apart as a sinking fund, to be devoted to the payment of the public debt. Should be stricken1 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 held 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 instru 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 VI. . , Sec. 5. T.ie following classes of persons snail ue uisquanncd tor office : First, All all persons who shall deny the being of Almighty God. Second, All persons who shall have been convicted of tr. ason, per- juij, yji ui aujr uujci mutinous crime, since becoming citizens of the United States, or of corruption, or mal practice in office, unless-such person shall have been legally rcsiorcu to tne ngius'Oi citizenship. ' So amend as to provide that the pcisons therein rendered ineligible for office shall likewise be rendered incompetent to vote. . Article VII. Section 1. In each County, there" shall be elected, biennially, by the qualified vo ters therof as provided for ,the election ol members oflhe General AssemUjriheJol lowing officers : A Treasurer, Register -of Deeds, Surveyor and Five Commissioners. fcEc. 2. It shall be the duty of the Com missioners to exercise a general supervision and control of the penal and charitable in stitutsions, schools, roads, bridges, levying of taxes and finances of the County, as may be prescribed by law The Register of Deeds shall be, exojficio, Clerk of the Board, of Commissioners. Sec. y. 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 piesrcibc the name of the said Districts, and to re port the same to the General Assembly be fore the first day of January, 18GU. Sec. 4. Upon the approvul of the reports provided for in the ibrcsoinr 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. Sec. 5. In each Township there shall be biennially elected, by the qualified voters thereof, a Clerk and two Justices of. the Peace, who shall constitute a Board ot Trus tees, and shall, under the supervision of the County Commissioners, have c ntrol of the taxes and finances, roads and bridges of the Township as may be prcscriljcd "by law. The General Assembly may provide) for the election of a larger number of Justices of the Peace in Cities and Tow ns and in those Townships in which Cities and, Towns are situated. In every Township there shall also be biennially elected a School Committee, consisting ti three persons, whose duty shall be prescribed by law. Sec. G. . The Township Board of Trustees shall assess the taxable property of their Townships and make return to the County Commissioners, for revision, us may bo prescriled by law. The Cl'.rk' shall. alu be, ex officio, Treasurer of the Township. ,. See. 7. No County, City, Town, or other municipal corporation shall contract any ckbt, pledge its faith, or loan its credit, nor fchall any tax be levied, or collected by any officers of the same, except for the necessary expenses thereof.iunlcsH by a vote of a majority of the qualified voters there in. Sec 8.' No money shall be drawn $froiu any Couuty or Township Treasury, except by authority of law. Sec. 9. All taxes levied by any County, City, Town, pr Township, shall be uniform and ad valorem, upon all property in the same, except property exempted by this Constitution: Sec. 10. The County officers lirst elected under the provisions of this Article shall enter upon their duties ten days after tlie approval of this Constitution by the Con gress of the United States. Sec. 11. The Governor shall appoint a sufficient number of Justices of the Peace in each County, who fchall hold their places until i ect ions, fouf , ye and fj t this Article shall nave icen earned into effect. j f) . ,,. j , Sec. 12. All charters,.' ordinances and' Sec 3. Every homestead, Aid the dwel ling and buildings used I herewith, not vx cccding in value one thousand dollar to In iImImI !' lliM nwiwr thwrmtf nr in w ww.. J . .... - ......w-'., v. mmm lieu thereof, at tlie option of the owner, any lot in a City. Tn or Village, with the dwelling ami buildings used thereon. . owned and occupied by any resident of this State, and not exceeding the value of one thouiiaod dollars, shall be exempted from sale under execution, or other final process, obtained on any debt. But no property shall be exempt from sale for tax is, or for payment of obligations contract cd for the purchase of said premises. Sec. 3. The homestead, after the death ; of the owner thereof, shall be exempt ' from the payment ot any dftbt, during' the , .. minority m nis . eiiuaraaw r uvast oi them. Sec. 4. The proviaiou of section one and two of this Article shall n.t be no construed as to prevent a laborers' lien lor work done and performed for the (mtmhi , claiming such exemption, or a mechanic' lien for work done on the premises. Sec. 5. If the owner of a homestead die, leaving a widow, bat no children, the same shall be exempt from the debts of her hus band, and the rents and profits thereof shall inure to hef benefit during her w id owhood, unless she be the owner ol a homestead In her own right e k Sec. C The real and personal pi pert y of any female in the State, acquired before marriage, and all property, real and per- sonal, to which she may, after marriage, become, in any manner entitled, shall lie and remain the sole and separate estate and property of such female, and shall not be liable for any debts, obligations or cn gagemcnts of her husband, (and may 1m? devised or bequeathed, and, with the written assent, of Iter husband, conveyed v by her as if she were unman led. Sec. 7. The husband may insure his 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 the wife and children, or the guardian, if under age, for her, or their own use, free from all the claims of the representatives of the husband, or any ot hit 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 no deed made by t'ie owner of a liomestcad -shall be valid without the voluntary signa ture and assent of his wife, signified on her private examination according to law. This Article should be so .amended u to provide that the Homestead provisioi s should apply to all debts alike, ami it should be in fee that is, absolute. AltTICLK XI. Section 10. The General Assembly shall provide that all the deaf mutes, the blind, the insane of the State, shall Ikj cared for at the charcre of the State. ria. . i - - - - it. . . . , - shall extend only to tiulVjcnt iersHiN. Article XIV. . rr -I...O. ft It kTvuiiuii- au jfcriMiu aiiBii imiii more than one lucrative office under the State, at the same time : Viot'vled, That officer iu the Militia, Justices of the Pesre, Com missioners of Public CharitUs and Com missioners appointed for rieciiil puritost-v, shall not be considered officer within the meaning of this section. Should be so amended is to provide that no' iK.-mn khall hold uny lucrative office under this State while he hohU nn . office under the United States. AltTICLK II. X cctioit 5. An enumeration of thehabi tuiits of the State shall le taken under the direction of thv General Assembly in thr ycai one thousand eight hundred and seventy five, and at the end of evrry ten years thereafter ; and the said Senate dis trict shall be so alteml by the General Assembly, at the first session after the re- turn tftf 4is-aiF 4rtiitis l k. b .i L.iw. w uj iihiiivi eii''ii asst ri p said, or by order of Congress, that each Senate District shall contain, as nearly may le, un i qtial number of iuhul'ilHiit. excluding uIu-iim and Indians not lxd, am) shall tcuiain unaltered until the return '. ...I. ... . ! I . ii . , oi uiiuiiicr triiuiiiiTauou, ami snail ai ail time consist of contiguous territory ; and , iiu County hall be divided in the fonna tioti of a Senate ' District, unless such .County shall he equitably entitled to two or more Senators. So amend as. to abolish the provision for taking a census of the Slate in and every ten jeais thereafter. Abticlk IX. , Section 5. The University of North Carolina, with its lands, emolument mid franchises, is under the control of the Stab-. ' and shall be held to an inseparable con nection with me free public school system ol the State. So amend as to provide that tlie Uni versity shall be under the control of the General Assembly,, who shall elect a Board of Trustees, of which the Governor thill be ex officio Chairman, j Sec I-'. The Board of Education shall . elect Trustees for the University as follow : Ooc Trustee for each County in the State, whose term of office shall lie eight yesra. The first meeting of the Board shall be held within ten (10) days after their elec tion, ami at this ami every sulrtivquent meeting, ten Trnstot-s shall constitute a quorum. The Trustor, at (Mr first meet ing, fehnll be divided as equally as may be. into four c'asses. Tlie seats of the first . class shall be vacated at the expiration of two years; of I be second class, at the ex piration of four years; of the third claw, at the expiration of six years; of the fourth class, at the expiration of eight years ; so that one-fourth may be chosen every second yean (Sec. 14. The Board of Education am the President of thev University shall be e. tiiA t i a l -r a otinf t r trt ts niii via 1 Ararat a I ' V" ' 'T'rt ir.r7 7.rir mtraZIS' HP member, of the Board of Trustee. i iiuus o. ti a ii,iiuuu , ju iwitb UlUS lgeMij 1 . changed, unless inconsistent w ith ;he pro- visions oi tins Lonsuiuuon. Abolish the Article, except section 13, thus sweeping away the Taenhip system and leaving tjie matter to the Legislature, ARTICLE X, :: ''' Section 1. The personal property of any resident of this State, to. the value of five hundred dollars, to . be selected by , such resident, sliall be, and is hereby exempted from sale under execution, or other - final rocess of any Court, issued for the cpl ection of any debt. ! J tlie University: and shall, with three other Trustees, to be appointed by the Board of Trustees, constitute 'the Executive Com mittee of the Trustees of the University of North Carolina, and shall be clothed with the powers delegated to the Executive Committee under the existing organization of the Institution. The Governor shall be ex officio President of the Board of Trustees and Chairman of thsExecutivs Committee of the University. The Board of Educa tion shall ' provide for the more perfect organisation oi the Board of Trustees. Sections 13 and Uef&U Article sborld be stricken ooLl , J
The News & Observer (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Nov. 11, 1871, edition 1
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