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