Democratic! Paper. Mationa TERMS: ....$10 ... & 0Be Year.. Sii .Heaths- jlEARXE Manager. PARTY OF NORTH CAROLINA. ADDRESS OF.TIIE Central Executive Committee. r. the 1' of North Caroand: Th Executive Committee of the Dem- J.uc oSSemtfw party of. this State ocratic co -moDir themselves and " 1 Tny friends from different part, of with nDVn ,fi, hi! aentiment. " n,r.:"i.r With DUbliC the StN . , L- t necessary and proper that hire aetu, - VmmittM shall th Ltniri r-ftrenee to rarious "uur:.fnUblic interest, and parucuiariy . tn rmiuH t0P'. i reform in this -SUte. ".-.;'.i reform in this? state. Ane Snuml . Committee, therefore, fcel espe C.e ..n-.i noon and instructed to snb- Sit tn the people socli yew and .to sug- 5 .neb injures ol reform andrelief a, CUI1T ' r . .nrt to Kllff- fn their itKlgmeut, sre calculated to pro- r.i concert ot action anu inc vucrai welfare of the State. THE COSYESTIOJ KLECTIOX . u rtf the election in August . ' .i.,nnoi adverse to tl call of a r1' ' r" f The people, cannot be re- .Sled .a expreKion of popular appro- of many of the leading roTisions of , Snt State constitution ; for all par tirt with scarcely any dissent, recognized Ind conceded the paramount necessity for change in the organic law in sereral aaterial particulars. ! Xor can the result of -that election be properly claimed as a party 'success or de feat. The issue submitted and passed npon was not a party iune, although great eilrt3 were maJe by interested persons to mke it such nor was it so regarded or treated bj thonssnds of democrats and t -onserTatives who voted against Con vcntion.a, That election turned on colla ttra! and invmeterial issues, 'most of them ' Mi"s:eited nd pressed upon public atten tiun by the great body of the office hold ers of the Sute, who apprehended that a conrcntion if called, would turn them out of office. The office-holders of the State generally opposea me can; iney trtelr used money and other appliances to ieitit it The colored people were made ulsely to believe that a contention would ikprive tliem of their freedom, or grcaily abridge their political rights. Thousands voted against the call because they feared armed interference of the i authorities of the federal government and another war utber thousands voted against it, because they apprehended some unfriendly inter terenct with the present homestead pro vision, while some believed the call as made was without the sanction of the constitution and revolutionary ; so that, we repeat, the election turned, not in favor ot or against any political party, nor upon the real merits of the issue submitted to the people, but npon many collateral "con siderations. METHOD OF AMENDMENT SETTLED. The majority against the pro posed, call lor a Convention, though conijmratively meagre, settle adversely the proposition to mend the Constitution by a Convention of the people, however proper and desira ble that method of amendment may be. It settles it, because the radical members of the Legislature, at the behest of their prtj, nnaaiuously refused to vote for the call of a Convention of the people by the Legislatnre. Such a call cannot be made without the votes of at least a few of them, and tbey and their party thus assume the grave responsibility of preventing the peo pie from amending and reforming their rganic law. The only remaining method of amend ing the Constitution is by Ugitlativ enact ment. Although the Constitution operates oppressively in many respects, and some of i'i provisions preclude all-hope of general prosperity while they continue in force, jet it is manifestly the duty of every good titizea to seek relief from such evils by lie Ugtilatire modtt however slow and un satisfactory, in the present emergency, it way be. We vt-nture 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 and free expression of their wishes as to such amendments as thev desire, so that the Legislature may be informed of iuc pupmar wui, as well as may K 1 . lie, in leim-Bce to constitutional reform. rR MATKBLU, IHDCSTHIAL, AND EDUCA TIONAL LSTEBESTS OPPRESSED. That the material, industrial and edu rational 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 energies of the people and destroys all reasonable hope ot future prosperity, tvery man has the distressing sense that he Ubors and toils in fain ! , These evils are not owing to any lack of industry and persistent effort on the part f the people. Ever since the late war -they lfcU: walked assiduously, and thou naa hare labored who never labored be tT kTe ''Te1 economically. ? soil has generally yielded good crops ni fa;r pfkgg naTe betfj realized lor "em. But tneir 1 are gone I here are they? Their desolated farms not restored. The waste places are not built up. The greater number of the owns nd villages are as decayed as at "e elite of the war ; many of them are in a wrse tondition. The destroyed manu ctori(, with but few exceptions, have Uot been rebuilt. And where, we repeat, re the earnings ot our impoverished peo P'e? They are swallowed up in oppres 'e taxation, to support a system of state government essentially expensive, and a "(ileal extravagance without a pa.ral.el the history of a free people. BCBDEXSOHB TAXATTOIT PUEIJC EXTKAT AOAKCK. i During the first two Years under the present Constitution, $1,807,580 were col lected irom the people, and every dollar f this vast sum was expended in the ad ministration of the State government n average of over $900,000 a year I about ten times what it cost to adminis ter the government before the war ! There tlonged to the School "Fund, derived ir m the Land , Scrip- donated by the failed States, the sum ol $122,000. This !m, V mostly i in "special tax fda," and the fund is virtually lost irw monstrous evils are the legitimate Tw- 1 uy raaicai misrule under ic prtsent organization L fastens on the plt Mn of government essentially I OLD SERIE8 VOLUME 43. NEW 8ERIES VOLUME 1. extravagant the township it stem alone making necessary about three thousand officers at an annual expense of from $300,000 to 3400,000. It established a public debt amounting ' to $40,000,000, half of which is -confessedly dishonest and fraudulent, and which the people. are un able to pay. MISRTJLS, TRACT, FORCE AKD THE SWORDL Under this organic law the people are tu ujevieu 10 an lnioierauie misruie at i ne hands of the radical party. By 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 first Legislature that assembled under it ; and although the people were impoverished, this 'radical Conrcntion and Legislature increased the public debt from $20,000,000 to near $40, 000,000 In less than eighteen months. Of this $30,000,000, less than $500,000 bare cone into th nnhlie rnrttor ttx th heneflt of placed in office k GoveWwbo abJoGtely jr ueraded the Constitution and lawt 4k Btate r ' be ar rested scores of innocent citizetnvwithout warrant or any authority of law; ha sus pended the writ of habcat corpus and defied the Chief Justice ot the SUte; 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 ot desperadoes and armed them at the public expense to execute his despotic wilL This party elected to the State Convention ana the Legislature scores of men notorious for their ignorance, licentiousness, dishonesty and corruption, who, at the behests ot their party and knavish speculators, in creased the public debt to the enormous sum 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 partizan feelings while holding their offices. This party have ruined the credit of the States they have blasted the hopes 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 Domt to the historv of the State for the last three years and appeal to the ob scrvation 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, povertv 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 . . - ' . A i aL! & oe entirely re-wruicn ; out iuis ia nut practicable by the legislative mode of amendment. Action will be expedited by amending it in a few very important par ticular!, for the present, and leaving gen eral amendment to ft future time, COKSTITTjnOSAI. AMENDMENTS SUGGESTED. In the judgment of the Executive Com mittee, the Constitution should at once, be au ended in the following particulars: Section G of Article 1 should be so amended as to strike out all thereof that provides the inviolability of the public Section 2 of Article 2 should be so amended as to provide that the Legisla ture shall meet regularly every two years, instead ot every year, and it should be provided that the members of the Legis lature shall receive but $3 per day and 10 cents mileage, and such pay for no lon ger a period than 100 days during their term of office. The office of Superintendent of Public Works -should be abolished. Article 3, Section 1, should be so amend ed as the Governor and . other officers, therein mentioned, shall hoid their offices but two year$, instead of tour years, as now provided. Section 10 of Article 3 should be so s 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 ehould 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- Sreme Court and eight Superior Court uflgca, who shall be elected every eight years. Sections 11. 12, 13, 14, 15, 1G, 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 mlftgage provi sion on all the property of iV State for the interest of the public debfi Section 6 of article 5, should be so amended as to enlarge the class of exemp tions bo as to include 44 stock and provi sions." Article G, section 5, should lj 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 thip tyttem and leaving the matter to the Legislature. , Article 10 should be so amended as to provide that the Homestead provisions shonld 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 persona. Article 14, section 7, should be so amended as to provide that no person shall hold any lucrative office under this State while beholds an office under the United States, f Sec. 5 of Art. 2 should be s 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 ho under the control of the General Assent Dly, who shall elect a Board of Tnisteea, of Breathes there a man with soul so dead, Raleigh, N. C, which the Governor shall be ex rffieio Chairman, and Sections 13 and 14 ot that Article shoukLbe 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 earnincrs. and fastens noon them a Bute' debt which they cannot pay, but of which they may easily so compromise and adjust the honest portion, as will reduce jt within manageable limits. . CRIME AND OUTRAGE. We deem it worth while tonotieA in th! 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 Conservative party have and do connive at and encourage the perpetration of crime and outrage. To this detestable end tbey have, wherever they could, prostituted the .1 1 . ? 1 - . 5 " - 1 . prcw, TCgixxaiiTiraiHi juaiciai proceedings, and resorted. t4 every- means within their power. - r SaJ-fmrmtUoi' is notTpnrj; groundless, false an A seJ alous, ' but in famous to the last degree, and betrays a spit it of wickedness, we venture to assert, without a parallel in political warfare. The party which we represent has al ways and persistently condemned crime, by whomsoever perpetrated, and has re peatedly gone out ot the 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 pnrty. 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 advantage by giving them a political turn, and thus they produce the almost inevi table conviction on the minds i -disinterested observers that the purpose of the press, the Legislature and Courts, "as not to f.uj press 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 o set their faces against violence and lawlessness of all kinds, nnd to' be especially active in preventing secret outrages by disguised persons. NATIONAL rOLlTrCS. 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. Iu our judgment this is unwise. Our people are of the' Unon it is our government and to it we must look, as we have the right, for sup port and protection in our rights of life, liberty and property, at home and abroad we owe it allegiance and support, and it is a patriotic duty to jield 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. Wc have all the rights that, any of the American people have, and we are false to the country and ourselves if we 1 fail to recognize, exercise and act upon them. The people have rights ; let tliem 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 pronioiiea oy me ionsuiuiioa ; mgu 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 oi Internal Revenue officers who oppress, plunder and outrage the people of the na tion, and under which large surplus sums of money are raised that ought to remain in the iockets of the people; a general system of espionage ; a suspension of the liberties ol the people upon the slightest pretext, in express violation of the Con stitution ; armed military interference witn the freedom of elections ; a general system ot official bribery and party favoritism in every department, and the administration of the affairs of the government, 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 ol government changed in name as well as in lacr, ana their liberties lost. SOURCE OF PURLIC THE "UIOHEB LAW" OP TIIK REPUBLICAN PARTY. Most if not all these evils, are attributa ble to the Ifadioal or Republican party of the nation, to its doctrines, policy and practices. It is essentially a patty 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. I his dogma is its lite and soul, and it proceeds on the jesuitical max im, that "the end justifies the means." LTenec it is, the Lead of this party, the president, does not hesitate to send the army to New Tork and elsewhere at the North, to this State, Texas and all over the South, in violation of the letter and spirit of the Constitution, to control the elections and prepare the way for his and bis 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 that great tribunal mm Who never to himself Thursday MoRNmGToivMBER 23, 1871 from declaring its acts and assaults on the Constitution unconstitutional and vokL at another time passing a, simila- ?w ta 44 pack" that Court with partizans iltf r a solemn decision already made, I t xlia tasteful to this "higher law" party. Hence, too, hundreds of other similar a U done ly this party which illustrate the princi ples, policy and practices which w have attributed to it, and which if not .arrested and suDDressed. must result in the absolute overthrow of the system of goverataent formed and handed down to bs b Wash ington and his compatriots. Thiifcach party has been allowed jta sprir cp otr American son is monstrous buu x ifmg i .TBS KATIOSAI. DEMOCRATIC PatT; TIIK .' t There Is but one other, great' political part, in the country that is the LTational Democratic party. In our judgment, it is the patriotic duty of every bver fllberty; and free government to co-operate with that great and powerful party to arrest the J Jrernendous evils to which-we3iave ad- verted, and which will, sooner -or later; if TiorspTjreirtCd,' destroy ireedufluu0 es- bULMJBU UCBpOUSm BBU IDC FWOTR, ; rOUTfCAX. DUTT 'b AIX PATRIOTS. To accomplish this great measure of re form in our State and National Govern ment&t 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. BRAGG. Uhairnian 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 Artfcksand Scptions are taken from the Constitution of the State to show wherein iisiropofed by the Democratic party to amend the Constitu tion of North Carolina by Legislative en actment : Article I. Section G. To maintain the honor and good faith of the State untarnished, the public debt, resularlv 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. rProoosed 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 be denominated the Gene ral Assembly. JN either 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 their office 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 lour 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 4i officers whose offices are established hy this Constitution, or which shall be created by 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 shall 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 thia 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 8. The same Commissioners shall also report to the General Assembly as soon as practicable, a code of the law of North Carolina. The Governor shall have power to fill all vacancies occurring in this Com I i chath ! said, This is my own, Strike out sections 2 and 3,tliusabolish ishing the Code Commission. - 1 See. 4. Tiie 'judiciai 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 Uourts. ,i . :i (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 Coprt end; eignt Superior Court J ndges, vfhp shaU be elected every eigbt years. n Sec. 1 1 ..The Supreme Court shall hafe - original jurisdiction to hear claims against the Statcbttt its decisions shall be! merely recommendatory ; no process in the nature execution biiuh issue inereon ; iney siiau be report, d to the next session of the. Gen. cral AsBeniWy tat its 'action.. ; .',. Sec. J 2. The Stte shall bed 'vided Into' twelve Judicial Districts, for each of which a Judge shall be Chosen, who shall i bold at-.. i - si,.. i t n t i It .t tji. SLPenoe Court in each Coantv in said DuW ttict atrleatwiceinach ycr, Ucciittnxie wr (wo weens, ontesaiue oosincss auaii oe sooner-disposed of. '-'-' . . i 1 Sec. 13. Until altered by law,' the fol lowing shall be the Judicial Districts: . First District Currituck, Camden, Pas quotank, Perquimans, Chowan, Hertford, Bertie. Second District Tyrrell, Hyde, Gates; ; iVash- ington, Beaufort, Martin, Pitt, Edgecombe. Third District Craven, Carteret, Jones, Greene, Onslow, Lenoir, Wnyne, Wilson. Fourth District Brunswick, New; Han over, Duplin, Columbus, Bladen, 8ampson, Robeson. ! Fifth District Cumberland, Harnett, Moore, Richmond, Anso", Montgomery, Stanly, Union. i i Sixth District Northampton, Warren, Halifax, Wake, Nash, Franklin, Johnston, Granville. fventh District Person, Orange, Chat ham, Randolph, Guilford, Alamance, Cas well, Rockingham. i i Eighth District Stokes, Forsyth, Da vidson, Rowan, Davie, Yadkin, Surry. Ninth District Catawba, Cabarrus, Mecklenburg, Lincoln, Gaston. Cleveland, Rutherford, Polk. I ! Tenth District Iredell, Wilkes, Burke, Alexander, Caldwell, McDowell, i j Eleventh District Alleghany, j jAshe, Watauga, Mitchell, Yancey, Madison, Bun combe I ! Twelfth District Henderson, Transyl vania, nay wood, -aiacon, jaciwon, jUiay, Cherokee. : i 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 0over- nor, for good reasons, which he shall report to the Legislature at its current or next session, may require any judge to noui one or more specified terms of said Courts in lieu of the Judge in whose District they arc. " ;' i Sec. 15. The Superior Courts shall have exclusive original jurisdiction of all civil actions, w hereof exclusive original juris diction is not given to -aojafi other. Courts ; and of all criminal actions in which the punishment may exceed a fine of fifty dol lars or imprisonment f err-one month, j 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,1 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 ot fact, joined in any Court, the parties may waive the right to have the same determined by jury, in which case the finding of the Judge; upon the facts shall have the force and effect of a verdict oi 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. j j Sec. 26. The-Justices of -the Supreme Court shall lie elected by the qualified voters ot the Sta. e, as is provided for the election of members of the General Assem bly. They shall hold their offices for eight years, l lie juags ot tne superior courts fehall be elected in like manner, and shall hold their offices tor eight years : but the Judjjcs of the Superior Courts elected at the first election under this Constitution shall, after their election, under the super intendence of the Justices of tee Supreme Court, be divided by lot into two equal classes, one of which shall hold office for four years, the other for eight years, j 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. -j j Sec. 38. The Superior Courts shall be, at nil 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 lor 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. 1 i Sec 33. Thesevcrai Justices of the Peace .hall 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 r.ol exceed two hundred dollars, and wherein the title to real estate .shall not be in controversy ; and of all criminal matters arising within their Conn 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 tame. The party against whom judg ment shall be rendered in any civil action may appeal to the Superior Court from the same, and, it the judgment shall exceed twenty fire dollars, there may be a new trial of the whole matter in the appellate , "'.-; ' . ' .-.VI. my; natire land." Number 3o. Court; tat if the judgment ahsllbefor twenty-five dollar or less, then the case shall be heard ia the appellate Court only upon (natters ot law. In all cum of 1 criminal nature, the oartv anlMtiUm' judgment is given may appeal 'U' the Superior Court, where the matter shall be heard anew. In alt case brought before Justice, he shall make A record of the proceeding, and file the1 same with th Clerk of the Superior Court for his County. (Seea.il to 19,2toJ8, 31 and $3 should stricken . out, and it should be provi ded that the judicial powers of the 8tate shall be rested ia one Supreme Court and in such Superior Courts and inferior Courts as the General Assembly may establish. : : t :r' ABTICLB V. 'V 8ec. 4. 'The Genera) Assembly shall, by appropriate lecialation and bv adeonatii taxation, provide for the promo t and nw tllar payment of the Interest on the public debtand after the yeai 1880, it shall lay s pocia-annual tax unon the ml and nr. l aonal T5rctrtvXf He Btate. and the sum I tV rcalirsd shall beset fptrt aia alnkiajr i "4 vc jicrvtcu to toe payment or . inc puvirc ucim. - t v , J Shonld 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 A bly may exempt cemeteries, and property, held for educational scientific, literary, charitable, or religious purposes; also, wearing apparel, arms for muster, house- noia ana xiicnen 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, VL 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 tnason, pcr- juijr, uf ui auy oiuer lmamous crime, since becoming 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. tSo amend as to provide that the peisons1 therein rendered ineligible for offie shall likewise be rendered incompetent to I votcJ Article VII. Section 1. In each County, there shall be elected, biennially, by the qualified to- i-cia merui as proviaea ior tne election of I members of-the General Assembly th fei. lowing officers :. A Treasurer, Register of Deeds, Surveyor and Five Commissioners. Sec. 2. It shall be the duty of the Com missioners to exercise a general supervision and control of the penal and charitable in stitutions, schoola, - roads, bridges, levying of taxes and finances of the County, as may be prescribed by law. The Register of Deeds shall be, ex officio, Clerk of the Board of 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 presrcibe the name of the said Districts, and to re port the same to the General Assembly be fore the first day of January, 1869. Sec. 4. Upon the approval of the reports provided for in the foregoing section, by the General Assembly, the said Districts shall have corporate powers for the neces sary purposes of local government, and shall be known as Townsbioa. Sec. 5. In each Township there shall be biennially elected, by the qualified voters thereof, a Clerk and two Justices of tbe Peace, who shall constitute a Board ot Trus tees, and shall, under the supervision ol tbe Coonty Commissioners, have control of tbe taxes and finances, roads and bridges of the Township as may be prescribed by law. The General Assembly may provide for tbe election of a larger r number of Justices of the Peace in Cities and Towns acd in those Townships in which Cities and Towns are situated. In every Township there shall also be biennially elected a School Committee, consisting ol three persona, 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 tbe County Commissioners, for revision, as may bo prescribed by law. The Clerk shall also be, ex officii, -Treasurer of the Township. Sec. 7. No Countv, City, Town, or other municipal corporation shall contract any debt, pledge its faitb, or loan its credit, nor bball any tax be levied, or collected by any officers of the same, except for tbe neeeasary expenses thereof, unless bv a vote of a majority of tbe qualified voters there in. Sec 8. No money shall be drawn from any County or Township Treasury, except by authority of law. 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 tbe United States. Sec 11. The Governor shall appoint a sufficient number of Justice, of thePeice in each county, who shall bold thMr places until sect ions four, five and six of tnts Article shall nave been carried into effect. ' Sec. 12. All charters, ordinances and provisions relating to municipal corpora tions shall remain ia force until legally changed, unless Inconsistent with ib pro visions ot this Constitution. Abolish tbe Article, except section 18, lb as sweeping away, the Township system and leaving the matter to tbe Legislature. article X Section 1. The personal property of any resident of this SUte, to the value of five hundred dollars, to be selected by such resident, ahall be, and is hereby exempted from aale under execution, or other final process ol any Court, iaraed for the col lection of any debt, , Reliable adrerttaernrnU inserted in tha Ww kly . XoriA CrJimia at the following rates;, STACS. 1 Year 1 square S squares X iqWH 4 Squares 4 colama eohuna ( 1 eolama . Aa Ucfr'apace. or kw, fa a eg re jlMo.SMos Mos.j S 00) 7 00 I0 00 13 00 i ,fl 00 IS 00 Ji 00 SS 00 .8 oo; it oo, u oOj u oo 10 00. 17 50 tO 00: 40 00 IS 80, M OOf SS 00 50 00 19 00. X 00 57 ftOi W 00 SO O0 60 00 ' 17 Sij 150 0O ZiiSZ? lMHnestcad, and the dweb; : ung and buildings used therewith, not ex ceeding la value one thousand dollars to ' oe sciecteu oy the owaer thereof, or in lien thereof, at the option of the owner any lot ia a City, Town or Village, with the dwelling and. building used thereon, owned and occupied by any resident of this State, and not exceeding the valao of one thousand dollarsshall be exempted from sale uadcr execution, or other final process, obtained on any debt. But bo property shall be exempt front sale for tax c, or tr payment of obligations contract ed ftr the purchase of said premlsea. Sec. 3. The homestead, after the death of the owner thereof; shall be exempt from the payment of any dnbt. daring the miaority of bis children, or any one of them. , f 8c 4. The provisions of section one, and two of this Article shall not be so - 1 conttmed as to prevent a Laborers' f.u- wofk done and performed for the person , claiming such exemptionor a mechanic's I He for work done on the orembjM. I - See.-1. If the owner of a hniBMiMl AU I fearing m widowbut nochlldren. the same I wsuvptina me ueoti oi her bob "I wu ui renia ana'proat thereof shall leurejo ber benefit during her wid owhood, unless site be tho Wnc-r ol a' homestead in her own right. Sec 0. The real and personal piwocrty of any female lo the State, acq aired before marriage, and all property, real and per aonal, to which she may, after marriage, become, in any manner entitled, shall "be and remain the sole -and separate estate and property of such female, and shall not be liable for any debts, obligations or en gagements of licr husband, and may be devised or bequeathed, and, with the written assent of her husbaod, conveyed by her as if sho were unmarried. Sec, 7. The husband may iusurtt hit own life for the sole use and benefit of bis wife and children, and in case of the death of the husband the amount thus insured shall be paid over 16 the wifo and children, or the guardian, if under age, for her, or their own use, free from all the claims of tho 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 from1 disposing of the samo by deed ; but no deed niado by the owner of a lie ,tcad shall be valid without tho voluntary signa ture and assent of his wife, signified on her private examination according to law. This Article should be so amended a to provide that the Homestead provuior s should apply to all debts alike, and it 8bou,tl ,)C in Uat i, absolute. Articlb-XI. Section 10. The General Assembly ahall Proridc U the deaf mutes, the blind, thc in,ano of the State, shall lie tared for ui,ib' u omh, So amend as to provide that its benefit ahall extend only to indigent persona. Article XI V. Section 7. No person shall hold more -than one lucrative office under tbe State, at tbe same time : PiotbUd, That officers in the Militia, Justices of the Peace, Com missioners of Public Charities and Com missioners appointed for ineclal puriKMCf, shall not be considered offlceri within the meaning of this section. Should be so amended as to provide that no person shall hold any "lucrative office under this Stale while he hohN an office under the United States. Article II. ' f ection 5. An enumeration of the inhabi tants of the SUte shall be taken under the direction of tbe General Assembly in the year one thousand eight bond red and seventy five, and - at tbe end of every ten years thereafter; and tbe aaid Senate dis tricts shall be so alteied by the General Assembly, at the first session after tbe re turn of every enumeration taken as afore said, or by order of Congress, that each Senate District shall contain, as nearly as may be, an equal number of Inhabitant, excluding aliens and Indians not taxed, and shall remain unaltered until the relnrn of another enumeration, and shall st all times consist of contiguous territory; and no County shall be divided In tbe forma tion of a Senate District, unless such County shall be equitably entitled to two or moro oenators. So amend as to abolish the provision for taking a ccnaua of the State in ,1 875, and every ten years thereafter. Article IX. Section 5.. The University, of North Carolina, with its lands, emoluments and franchises, is under the control of the State and shall be held to an inseparable coiw ncction with the free public school ayitcin of thc State. ' So amend as to provide that the Uni versity shall be under the control of the General Assembly, who shall elect a Board of Trustees of which the Governor ahiil be ex officio Chairman Sec 13. Tbe Board of Education shall elect Trustees for the University as follows One Trustee for each County in tbe SUte' whose term of office shall be eight years The first meeting of the Board shall be held within ten (10; days after their elec tion, and at this' and every subsequent """-oi -" iuccB snail constitute quorum. Tbe Trusters, at tUfr Ar. m. ing. all be divided as equally as may be into fonr c'asses. The seals of the first class shall be vacated at tbe expiration of 'T,! iCCOnd. ,l tua' fSXJ!W' r: : r.Tw'.-,w.' o'tnerourtii cUss, at tbe expiration ot eight years; so that one fourth may be chosen every second t8,f.The BoT Education and tbe President pf the University ahall be n officio members of the Board of Trustees oi the University; snd ahaJL with thn other Trustees, to be appointed by tbe Board ot Trnsteea, constitute tbe Executive Com ff "I? Tnwtf ot he University oi North Carolina, and shall be clothed with tbe powers delegated to the Executive Committee uadcr tbeexUtlog organization oftbeListitnUon. The Governor shall be " .Pknt of tbe Board of Trustees and Xbairmanof tbe Executive Committee of the University. The Board of Educa tion ahall provide for the more perfect organization ot tha Board of Traateea. Sections 15 and 14 of Ibis Article ihold be stricken oat. V e i H

Page Text

This is the computer-generated OCR text representation of this newspaper page. It may be empty, if no text could be automatically recognized. This data is also available in Plain Text and XML formats.

Return to page view