TERMS:
.$10
5
One Year..
Six Jfontks.
jrm. A. 1IEAKXE. Manager
m rTtr ri-RMOCRATIC PARTY,
OF NORTH CAROLINA.
ADDRESS
OF THE , '
Executive Committee.
Central
To the PeopU ofXorth Carolina .
The Executive Committee of the Dem
Jltic Conservative party or this State,
lifter consultation among themselves and
Lith many friends from different parts of
the State, familiar with public sentiment,
hire deemed it necessary and proper that
th Central Executive Committee shall
Sdress the people in reference to vaVious
tonics of public interest, and particularly
Kitfctional reform in this State The
Central Committee, therefore, feel espe
Zf.n.MdlBd upon and instructed to sub
mit to the people enchriec .
n.h measures ot .retorin ana xut aa.
f thwr lodgment,
imminent, are calculated tc
to pro-
concert ot acUon
and
the general
welfare of the State. . r
THE CONVENTION ELECTION.
The result of the election in August
. . .lrnnTh adverse ,to the call of a
..!'ti,in of fbc people, cannot be re
warded as an expression of popular appro
f mmv of the leading provisions of
h,. nrrscnt State constitution : for all par-
tics with scarcely any dissent, recognized
andcocceded the paramount necessity for
a change in the organic law in several
material particulars.
Xor can the result of tbat election be
properly claimed as a party success or de
feat The issue submitted and passed
upon was not a party issue, although great
efforts were made by interested persons to
nuke it such nor was it so regarded or
treated by thousands of democrats and
Conservatives who voted against 4,Con
vention." That election turned on colla
teral and immeterial issues, most of them
suggested and pressed upon public atten
tion by the great body of the office hold
ers of the State, who apprehended that a
convention if called, would turn them
out of office. The office-holders of the
State generally opposed the call ; tbey
freely used money and other appliances to
defeat it The colored people were made
falsely to believe that a convention would
deprive them of their freedom, or greally
abridge their political rights. Thousands
voted against the call because they feared
armed interference of the authorities of
the federal government and another war
other thousands voted against it, because
they apprehended some unfriendly inter
lerence with the present homestead pro
vision, while some believed the call as
made was without the sanction of. the
constitution and revolutionary ; w 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 upon many collateral con
siderations. METHOD OF AMENDMENT SETTLED.
The majority against the proposed call
lor a Convention, though comparatively
meagre, settles adversely the proposition
to amend 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
party, unanimously refused to vote for the
call of a Convention of the people by the
Legislature. Such a call cannot be made
without the votes of at least a few of them,
and they and their party thus assume the
grave responsibility of preventing the peo
ple from amending and reforming their
rganic law.
The only remaining method of amend
ing the Constitution is by legislative enact
ment Although the Constitution operates
oppressively in many respects, and some of
its provisions preclude all hope of general
prosperity while they continue in force,
jet it is manifestly the duty ot every good
titizen to seek relief from such evils by
iie legislative mode, however slow and un
satisfactory, in the present emergency, it
may be. We venture to hope that the
members of the Legislature will, when
they assemble, at once agree upon thjs
plan of relief, and we respectfully suggest
that, in the meantime, the people give
prompt and free expression of their wishes
as to inch amendments a.3 they desire, so
that the Legislature may be informed of
the popular will, as well a may be, in
reference to constitutional reform.
OCU MATERIAL, LXDCsTRIAL, AXD EDUCA
TIONAL INTERESTS OPPRESSED.
That the material, industrial and edu
cational 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 hopo of future ' prosperity.
Every man has the distressing j sense tthat
ho labors and toils in vain I i -'!' t 1
These evils are not owing to any lack of
industry and persistent eflort on the part
of the people. Ever since the late -war
thev have walked assiduously, and "thou
sands have labored who never labored- be- J
fore. They have lived economically.
The soil has generally yielded, good crops
and fair prices have been . realized , for
them. But their earnings are gon-jl
Where are they ? Their desolated farms
are not restored. The waste places are
not built up. The greater number of the
towns and villages are as decayed as at
the close of the war ; many of them are in a
worse condition. The destroyed manu
factories, with bnt few" exceptions, have
not been rebuilt And where, we repeat,
are the earnings of our impoverished peo
ple? They are swallowed ujj in oppres
sive taxation, to support a system of state
government essentially expensive, and a
radical extravagance without a parallel
in the history of a free people.
burdensome taxation ruBLic extrav
agance, j
During the first two years under the
present Constitution, $1,S07,680 were col
lected trom the people, and I evej-y dollar
of this vast sum was expended in the ad
ministration ot the State government
, an- average .of over, $ 900,000 a. yearl--abont
ten tiroes what it cost to adminis-'
ter the government before the war! There
belonged to the School Fund, derived
from .the Land JScrip donated by the
United States, the sum of $122,000. This
sum was invested mostly in "special tax
. bonds," and the fund is virtually lost
These monstrous evil are the legitimate
f nrita of the workings of the present Con
stitution and radical misrule under it.
The present organization fastens on the
People a system of government essentially
OLD SERIES VOLUME 43. (
NEW SERIES VOLUME 1. s
extravagant the township system aione
making necessary about three thousand
officers at an annual expense of from
$300,000 to 5400,000. It establishes 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. .
HISBULE. FRAUD, FOBCB AND THE SWORD.
Under this organic law the people are
subjected to an intolerable misrule at the
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 i like control of the first Legislature4
that assembled under it; and although the
Dconle - were Imnoverished. - this radical
Convention and Legislature increased the
public debt from $20,000,000 to near $40,-
000,000 in less than eighteen months. Of
thb 520,00.0,000, less than $500,000 haye-
i into the public works or to ir sbenent
ci tag people. -1 his party, piacea in. omce
a uovernor -woo absolutely suspended the
Constitution and laws of the State ; ' he ar
rested scores of innocent citizens without
warrant or any authority of law; he sus
pended the writ ot habeas eorpu$ 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
less and mercenary horde of desperadoes
and armed them at the public expense to
execute his despotic will. This party
elected to the State Convention and the
Legislature scores of men notorious for
their ignorance, licentiousness, dishonesty
and corruption, who, at the behests of
their party' and knavish speculators, in
creased the public debt to the enormous
sum already stated. This pirty degraded
and disgraced-the JudjeiaBy by electing
to high judicial stations men shamefully
ignorant and 'corrupt, and others who
have not scrupled to manifest, the most
blatant -partizan ieelings while-.holding
their offices This party have ruined' the
credit of the State they have blasted the
hopes and prosperity of the pcopLsin the
most shameless and defiantyinanner they
have made every department - of the gov
ernment a by -word and reproach, j 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 ruia "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 presenjt 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; but this 'is not
practicable by the legislative mode of
amendment. Action will be expedited by
amending it in a few very important par
ticulars, for the present, and leaving gen
eral amendment to a future time.
CONSTITUTIONAL AMENDMENTS SUGGESTED.
In the judgment of the Executive Com
mittee, the Constitution should at once be
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
dtbt.
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 snail receive put $ 6 per aay ana
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
Wopks should be abolished.
Article 3, Section 1, should be so amend
ed as the Governor and other officers,
therein mentioned, shall hold their offices
but two year$, instead of tour years, as
now provided.
Section 10 of Article 3 should be so
amended as to provide that the Governor
shall nominate the officers therein men
tioned, by and with the advice and con
sent of the Utenate, 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 ot courts, in-
t!prl of five Supreme Court Judges, and
twelve Superior Court Judges, as now
provided, there should be but three Su
preme Court and eight Superior Court
Judges, who shall be elected every eight
years. Sections 11. 12, 13, 14, 15, 16, 17,
J8, 19 26, 27, 88, 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 rested in one Su
preme Court and in such Superior Courts
and inferior Courts as the General Assem
bly may establish." ' f "2
c Section 4 of article 5 shoulu be stricken
out, thus striking out the mortgage provi
sion on all the property of the State for
the interest of the public debt J
Section 6 of article 5, should be so
amended as to enlarge the class of exemp- J
tions so as to include " stock and provi
sions." " -
Article 6, section 5, should be so
amended as to provide that the persons
therein rendered ineligible for office shall
likewise be rendered incompetent to vote.
Article ,7 should be abolished, except
section 13, thus sweeping away the lown
shtp tystem and leaving the matter to the
Legislature.
Article 10 should be so amended as to
provide that the Homestead provisions
should apply to all debts alike, and it
should be in fee that is absolute.
Article 11, section 10, should be so
amended as to provide that its benefits
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, this State
wilehe holds an office under the United
States. '
Sec 5 of Art, 2 should be .so amended as
to abolish the provision ' for taking a
census of the State in .1875, and every ten
years thereafter. ! '
We would suggest as a further amend
ment, that Sec 5 of Art.1 9 be so amended as
to provide that the University -shalP be
under the control of the General Assembly,
who shall elect a Board of .Trustees, of
Breathes these a man with soul so dead,
Raleigh, K C,
which the Governor shall be ex rfficio
Chairman, and Sections 13 and 14 ot that
Article should be stricken out.
Oilier 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 earning3, and fastens upon them a
State debt which they cannot piy, but of
which they may easily so compromise and
adjust the honest portion, as will reduce
it within manageable limits.
CRIME AND OUTRAGE.
We deem it worth while to notice in this
address, that wicked and interested per
sons unprincipled and violent radical
partizans in and out of this States 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
ana outrage io inis aetesiawe ena xney
bafe, wherever they culdr'prowH5ted tbe
press, legislative and judicial proceedings,
and resorted to every means within their
power. Such imputation l? not only
groundless, false and scandalous, but in
famous to the last degree, and betrays
spirit of wickednes?, we venture to assert,
without a parallel in political warfare.
i lie party which we represent has al
ways aud persistently condemned crime,
by whomsoever perpetrated, and has re
peatedly gone out of the usual political
course to denounce it, and urpre upon the
people the high importance ot peace and
good order, and the duty of everv crood
citizen to be active and zealous in brm
ing offenders to justice.
1 he course pursued by the unworthy
persons to whom-we refer is deeply to be
deplored by aIlafod men of every politi
cal party. It i hot only ignoble, but it
-tends to destroy the moral and legitimate
effect of the void of the press, legislative
action and judicial determination, for the
suppression ojt crime tneir constant et
lbrt is to turn such matters to political
advantage by giving them apolitical turn,
and thus they produce the almost inevi
table conviction on the minds r i disinter
ested observers that the purpose of the
press, the Legislature and Courts, is not
to suppress crime and outrage, but to
manufacture political capital and advan
tage from the crimes of offenders, and thus
r bitter feelings among their op
ponents, destroy confidence in tne Courts
and bring them into disgrace and con
tempt.
mends to set tneir
faces against violence and lawlessness of
all kinds, and to be especially active in
preventing secret outrages by disguised
persons.
NATIONAL POLITICS.
It is to be regretted that the peopla of
this SUtc have failed to take any very ac
tive interest in national pnlitics since the
close of the late war. In our. judgment
this is unwise. Our people are of the
Un'on it is our government aud 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 itisJ
a patriotic duty to yield these it is as
much our duty to join our fellow-countrymen
in shaping and controlling the policy
and destiny of this great common national
government. We have all the rights that
any of the American people have, and we
are false to the country and ourselves if wc
fail to recognize, exercise and act Upon
them. The people have rights ; let them
exercise them firmly and respectfully; and
when need be, assert them as freemen and
American citizens in the councils of the
nation, in political assemblages, and every
where. If we consent to be dwarfed and
ignored nationally, then indeed, we may
expect to be for all time to come.
CORRUPTION, EXTRAVAGANCE AND USURPA
TION.
Our common country is subject to
grievous political evils to which the com
pass ot this address will allow us to ad
vert very briefly.
Official corruption in high and low
places; public extravagance; usurpation
of great powers not conferred, but denied
and prohibited by the Constitution ; high
and oppressive tariffs which foster im
mense monopolies ; the direct encourage
ment and support of monopolies; prosti
tution df official patronage to promote
party ascendancy ; a system of taxation
which brings into active service in tne in
terests of the party in power, hordes of
Internal Revenue oiucers 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 pockets of the people; a general
system of cspiounge; a suspension of the
liberties of tiie people up n the slightest
pretext, in express violation of the Con
stitution ; armed military interference with
the freedom of elections; a general system
ot official bribery and party favoritism in
every department, and the administration
of the affairs of the 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 i3 man
ifest to everybody. The dearest, highest
interests of a free people demand tbat they
shall not close their eyes to such dangers
too long lest the time shall come when
they will find their form, of government
changed in name as well as in fact, and
their liberties lost.
SOURCE OF PUBLIC EVILS THE "HIGHER
LAW" OF 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 than the constitution ; it is
emphatically and essentially a "'higher
law" party. This dogma is its life and
soul, and ft proceeds on the jesuitical max
im, that "the end justifies the . means."
Hence it is, the Lead of this party, the
president, does not heit-.:te to send t lie
army to New York 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
his partv'a continued ascendancy, nrt his
own election. Hence, too, v.e fiud him
for like purposes suspending the privilege
of the writ of habeas corpus in a time of
profound peace, arresting the citizen with
out warrantor 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 jtnbunal
Who never to liimsQlf
Sattjeday MoRKWar DEOEMBER 2. .1871.
from declaring its acts and assaults on the
Constitution unconstitutional and void,
at another time passing at similar Jaw.to
" pack" that Court with partizans to alter
a solemn decision already made, but dis
tasteful to this "higher law? party. Hence,
too, hundreds ot other sipmar acts done
by this party which illustnite the princi
ples, policy and practices which we hare
attributed to it, and which if not arrested
and suppressed, must result & the absolute
overthrow of the system jof government
formed and handed down to us by Wash
ington and his compatrioti. f That such a
party has been allowed "to spring up on'
American soil is monstrousjand alarming!
THE NATIONAL DEMOCRATS C PARTT TH1B
ONLY OTHER PaItT. 'S '
There is but one othcri great political
Earty in the country thafU the National
lemocratic party. In pur jfogment, it is
the patriotic duty of every J '.ye or lioerty
- Ua4lree - ith
Jhat B "d powerful party to arrest the
verted, and which will, sooner or later, if
not suppressed, destrov freedom and es
tablish despotism and the sword.
POLITICAL DUTY OF 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. mav save us and our
country from impending danger and ruin.
THOS. BRAGG, chairman.
A. S. MERRIMON. '
M. A. BLEDSOE,
R. II. BATTLE, Jr.,
J. Q. DECARTERET,
C. M. BUSBEE,
W. R. COX,
J. J. LITCHFORD,
Central Executive Committee.
Tiic Constitution of North
Carolina.
PROVISIONS AFFECTED BY AMEND
MENTS SUGGESTED BY CEN
TRAL COMMITTEE OF
TIIE DEMOCRAT
IC PARTY.
The following Articles and Sections are
taken from the Constitution of the State
to show wherein it is proposed by the
Democratic party to amend the Constitu
tion of North Carolina by Legislative en
actment :
Article I.
Section 6. To maintain the honor and
good faith of the State untarnished, the
public debt, regularly contracted before
and since the rebellion, shall be regarded
as inviolable - andneve? beguestioned;
but the State shall never a&sunissayi pt
authorize the collection of, any'Tebt 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 be denominated the Gene
ral Assembly. Neither House shall pro-,
ceed upon public business, unless a majori
ty of all the members are actually present.
So amend as to provide that the Legis
lature shall meet regularly every two years,
instead of every year, and it should be
provided that the members of the Legis-
ature 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.1
Article III.
Section 1. The Executive Department
shall consist of a Governor, (in whom shall
be vested the Supreme executive power of
the btate) a .Lieutenant Governor, a Secre
tary of State, an Auditor, a Treasurer, a
Superintendent of Tubbc Works a bu-
perintendent of Public Instruction, and an
Attorney General, who shall be elected for
term ot four years by the qualihed 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
all officers whose offices are established by
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 shH nominate the offi?
ccrs therein mentioned, by and with the
advice and consent of the Senate, unless
others i. provided by law.
Article IV.
Section 2. Three Commissioners shall be
appointed by this Convention to report to
the General Assembly - at -its first session
after this Constitution i shall , be adopted
by the people, rules' of practice'aud pro
cedure in accordance with, the provisions
of the foregoing section, awl the Converi
tion shaH provide for the Commissioners a
reasonable compensation.
Sec. 3. 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
mission. . .,
hath said, .-This is-my own,,
l Strike oat sections 2 and 3, thus abolish-
iishing the Code Commission. - - 4 ' -:
See. 4. The judicial power of the Slate
j?hal be vested in a Courtr the trial ot
'impeachments; a Supreme Courts Superior
jConrts, Courts of Justices of i he Peace, and
; Speci a 1 Courts. ' -y -' "; " ' -. - : i- ' -: -
j 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
j vided,' there should be but- three Sopreme
Court and eight Superior Court Judges,
; who shall be elected every eight years. "
, bee 11. The bupreme Court shall, nave
.original jurisdiction to hear claims against
the State, but its decisions shall be mere!
recommendatory ; no process in the nata
of execution shnll issue thereon ; they shall'
be reported Jo the next session of the Ocn
Sec 12. The Stale shall bq 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 Veeks, 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,
Watauga, Mitchell, Yancey, Madison, Bun
combe
Twelfth District Henderson, Transyl
vania, liaywooa, jiacon, jacKson, uiay,
Cherokee.
Sec. 14. Every Judge ot a Superior
Court shall reside in hi3 District while
holding his office. The Judges may ex
change Districts with each other with the
consent of the Governor, and the Gover
nor, for good reasons, which he shall report
to the Legislature at its current or next
session, may require any juage to noia
one or more specified terms of said Courts
in lieu of the Judge in whose District they
are.
LSce. 15. The Superior Court shall have
exclusive original jurisdiction of all civil
actions, whereof exclusive original juris
diction is not given to some other Courts ;
and of all criminal actions in which the
punishment may exceed a fine of fifty dol
lars or imprisonment for one month.
Sec. 16. The Superior Courts shall have
.appellate jurisdiction of all issues of law
or fact, determined by a Probate Judge or
a Justice of the Peace, where the matter
in controversy exceeds twenty-five dollars,
and of matters of law In all cases.'
Sec. 17. The Clerks of the Superior
Courts shall have jurisdiction of the pro
bate of deeds, the granting of letters testa
mentary and of administration, the ap
pointment of guardians, the apprenticing
of orphans, to audit the accounts of execu
tors, administrators and guardians, and 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 trialr and appeals shall lie to the
Superior Courts Jfrorn , their judgments in
all matters of law7
SeeTlS.Tn all issues of 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 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. 2G. The Justices of the Supreme
Court shall be elected by the qualified
voters of the State, as is provided for the
election of members of the General Assem-?
bly. They shall hold their offices for eight
years. The Judges of the Superior Courts
shall be elected in like manner, and shall
hold their offices for eight years ; but the
Judges of the Superior Courts elected at
the first election under this Constitution
shall, after their election, under the super
intendence of the Justices of the Supreme'
Court, be divided by lot into .two equal
classes, one of which shall hold office for
four years, the other 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. 33. The sevcrai Justicesiof the Peace
shall have exclusive original jurisdiction
under such regulations as the General As
sembly shall prescribe, of all civil actions,
founded on contract, wherein the sum de
manded shall not exceed two hundred
dollars, and wherein the title to real estate
shall not be in controversy ; and of all
criminal matters arising within their Coun
ties, where the . punishment cannot exceed
a'firiffqf )Sf)ytoIIarr; or imprisonment for
one raonth. . 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 fo be summoned, who shall try
the same. The party against whom judg
ment shall be rendered in anv civil action
may appeal tb the Stfpcrior Court from the I
same, and, if the judgment shall exceed j
twenty fire dollars, there may be a new l
strial of the whole matter in tne appellate
my native 'toLH ':$?k
LCourt; bntnf the iadsfmert shall -be for
twenty-live dollars or- lesaf-then the case
shall be heard ia,the.pplhit Court only
apon matter pt Jatu m all cases of a
criminal nature."
judgment
Superior
heard anew,
a Justice,
proceedin!
vient oi me isupenorvMprOT.iri.sVU4J
-i l - v "whj
--tne partyasaljwtwhorA KTftri. , .... ?Z 7". ' "
is agivei may appeal to thV-1 CStS V7 -rX 4 . ..V r . ;
3ourC Where tie matter skSl Ml&W. J . r
. Inall ses brought lfr-n
ho fhalleaTecDrd'ol-tM
be stricken oat, and ft should l preMfjTlha:! I exempt from'ta'4 for tax
ded that the judicial .powers ef .fbe. State'f .-PrJ'p; t of-obfigatloni contrurt.
.shall be vested in one Saprenie CoprttURjff' R .i N' i
. a ,' w I 5ctv3k: Ths bomcstcad, alter Iho ocatl.
;insnch Superior poarts and inferior Courts ;pf.the atr thereof. h.tll bo cxctnot
,8t as the General Assembly may establish.
re v .j T1" V ;j-
tH ; Sec i. The General Assembly shall,' by
appTopnaxs legislation - and by adequate
taxation; provide" Tor lhpmpt 1(1 K
ular payment of the interest on the public
debt, and after the yeai 1880, it shall lay a
m ' -
specific annual tax upon the real and per
sonal property or tne state, and the sum
thus realized shall be set apart as a sinking
fund, to be devoted t6 the payment of the
public debt.
Should be stricken out, thus striking
out the mortgage provision on all the pro
perty of the State for the interest of the
public debt.
Sec. 6. Property belonging to the State,
or to "municipal corporations, shall be ex
empt 'from taxation. The General Assem
bly may exempt cemeteries, and property
held for educational, scientific, literary.
charitable, or religious purposes ; also,
wearing apparel, arms for roaster, 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 VL
Sec. 5. Tae following classes of persons
shall be disqualified for office : First, All
all persons who shall deny the being of
Almighty God. Second, All persons who
shall have been convicted of treason, per
jury, or of any other infamous crime, since.
uecoming citizens or me united states, or
of corruption, or mal practice in office, un
less such person shall have been legally
restored to the rights of citizenship.
So amend as to provide that the persons
therein4 rendered ineligible for office
shall likewise be rendered incompetent to
vote. .
Abticxk VII. r
'SkctIon 1. In each County, there shall
be elected, biennially, by the qualified vo
ters therof as provided for the election of
members of the General Assembly, '(he fol
lowing officers : A Treasurer, Register of
I Deeds, purvey or and Fire Commissioners,
. 2. :abajl bfl Jthe.-tlety of the Com,
Deeds, Surveyor and Fire Commissioners,
IUIBS.UVWB ia currviiKi a general supervision
ana control or tae penal and charitable in
stitutions, schools, roads, bridges, levying
of taxes and finances of the County, as may
be prescribed by law. The Register of
Deeds shall be, exoffieio, Clerk of the Board I
of Commissioners. I
of Commissioners.
Sec. 3. It shall be the duty of the Copt
missi oners first elected in each County, to
divide the same inter convenient JJlstricts,
to determine the boundaries and presrcibe
i ue name or me saia lJistocts, and to re
,uv ""'"v- v oiu aim tore-
port the same to the General Assembly be?.!
lore lue urn, uay, oi January. lOvJWTt
1 n . v m
Sec. 4. Upon the approval of the reoorts -
provided for in the. foregoing ; section, by1
iue ueaerai AsseuiDiyf uve saia Districts
shall have corporate powers for the neces
sary purposes of -local, government, . and
shall be known as Townshins.
Sec. 5. In each Township there shall be'
oienniany eiectea, oytne qaaufled ..voters
thereof, a Clerk and two Justices of the
Feace, who shall constitute a Board of Trna-
tees, and shall,' under the supervision ot the
County Commissioners, have control of the
taxes and finances roads-'and bridges of
the Township as may be prescribed by law.
The General Assembly jnay provide for
the election of a larger number of Justices
of the Peace in Cities and Towns and 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
persons, whose duty shall be prescribed by
law. ?
Sec 6. The Township Board of Trustees I
snail assess the taxable nronertv of their
Townships and make return to the Couotyr
-Amm.i.;AM : f 1
i vuuiuiiniuuciB, iui rcriaj uu, 'mb may DO
Ere3cribed by law The Clerk shall also
e, ex officio, Treasurer of tho Township.
Sec 7. No County, City, Town.ofothcr
municipal corporation shall contract any
debt, pledge its faith, or loan its credit,
nor bhall any tax be levied, or collected by
any officers of the same, except for the
neeessary expenses thereof, unless by a vote
of a majority of the qualified voters there
in. . Sec 8. No money shall be drawn from
any County or Township Treasury, except
by authority of law.
Sec v.' All taxes levied by any County,
City, Town, or Township, shall be uniform I
and ad valorem, opon all property in the
same, except property exempted by this
Constitution.
Sec 10. The County officeVfirst elected
under the provisions of this Article iball
enter upon their duties ten days after the
approval of this Constitution by the Con
gress of the United States.
Sec ll.The Governor shall appoint a
sufficient number of Justices of the Peace
in each County, who shall hold their
places until sections four, fire and six of
this Article shall have been carried into
effect. -v-.3
Sec 12. AU charters, ordinances ud
provisions relating to municipal corpora
tions shall remain in force until legally
changed, unless inconsistent with the pro
visions ot this Constitution. K'J
Abolish the Article, except section 13;
thus sweeping away .the fowuAip iy$tem
and leaving the matter to the Legislature.
' AKtlCLX X
, 4
Snr ;h?JrP?t,0f ?7 i
m i i 15 S.te M?10,60' rZ
indrcddolUrs.to.be- selected by- each
resu'
hun
resident, shall be, and is hereby exempted
from sale under execution, or , other final
nroccss of anv Court. Issued for the mi
lection of any debt.
'a.
15 0
(-0
3TC0
fl) CO
llxVOO
r square
V square
4 square,
4 oujiimn
' y&tvlS fr t.-
:,0 :
-If lhr "T5J
CCIiUIUQ
column
-f t) ftT
30 00 . i
An inch space,. or less. iuaru.
T sqnare ,-.
. "J3dc ft. Every K'uacH'iU'(tid the dwl- V
Hngd buiUtmgstHvT i herewith; fioS kTZ.K
eeedtuj; io yalug .hduiaml . dolhrs t. .
,-:scJteica .tScrcnf, or in
prqcott.'raTj . j Tin anv debt, iliat nu
rbmibepajoitnt pt ny d--T ?. d i"-- t
thcm.;yr . -
- . &c 4.. The provi ' . . ne
- j aim two c uu.c a
cu- iln' ' aW
1 ofk do... l ; . d pcrsou
I claiming t-ch i;icuiptinn, or a mechanic
i? r . i , . i
uco ior wors uopo on me prcmues.
Sec. 5. If the owner of a hoinotcnd die.
leaving a widow, but no children, the same
shall be exempt from the debts of her hus
band, and. the rents and profit, thereof
shall inure to her benefit during hcrwid;
owbood, unless sho be the owner ot a'
homestead In her own right.
Sec. 67 The real and personal p,.pcrty
of any female in the State, acquired In fore
marriage, and all fropcrty, real and per
sonal, to which le may. after marriage,
become, in any manner entitled, shall be '
and rc iln the sole sod separsto estato
and property df such female, and shall not
bo liable for any debfs, obligations or en
gagements of bcr husband, ;nud may bo
devised or bequeathed, and, with the
written assent of her husband, conveyed .
by her as if she wcro unman led.
Sec. 7. The husband may insure hiiown
life for the sole uws and brnf fit of hU wife
and children, and in case of the death of
the husband the amount thus insured kfu.ll
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 pf the
representatives of (he 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 the owner of a he" teud
shall be valid without the voluntary fcinu
ture and assent of Ms wife, tdnflk-d en
her private examination according to law.
This Article should bu so amended ut
to provide tbat the Homestead proviioi
should apply to all debts alike, and- it
should be in fee that is, absolute.
' Abticlb XL
Section 10. The General Assembly shall
provide that all the deaf muton, the blind,
the insane of the State, shall bo cured for
at the charge of the Statu.
. So amend as to provide that its bt nif.t
shall extend only to IntfyjA persons.
" Section 7. No- person tfis'l hol-J more
than one lucrative offlco under the State,
at the ssme time : Provided, That cfilccru '
in the Militia, Justices of the Ptuco. Com
missioners of Public Cbaril't s and Corn-
saissioners appointed for iccial purtMn-s,
shall not be considered ofjtrtis within the
meaning of this section.
(Should ba so amended as to provide
that no person ttall hold any lucrative
office under this State while he holds nn
f j.
mce under the Unltcdtatcs.
" Section 5. AiTclJum(a1lpnTtheliihsbI.
tants of the State shall sBe"iakt4 under the
direction of the General Aincmbly in the
year one thousand tfgut'.hnitded and
seventy five, and jtt;the-end of every tin
years thereafter j and the sld.Seoate dis
tricts shall be so alteid by tho. General
Assembly, at the fint session after the ie
tarn of every enumeration taken as aloic
said, cr by order of 't'CongrcBs.-thst . ieh
Senate District shsll contain, as nearly
may be, an equal number of inhabitant,
excluding Alien's. ajia.Indisni cot taxed,,
and shall Remain unaltered until t! ratiun
of toother enumerstlon, and khall tn!i
times consist of cnnlfguous territory; anl
no County shall. lis divided in the iorm
tion of a Senate District, unlet ucl
County shall bo "equitably entitled tu to
or jjwre Senators.
, jSo amend as to abolich the provision
fortsking a ccntus of the Sfatoln.1875,
end every ten years thereafter.!
Ahticle IX
. Section 5. The University of North
Carolina, with its lands, emoluments ntd
franchises, is under the control of the State,
and shall be'held to an inseparable con
nection with the free public school srtlctii
ol the State.;'
So amend, as to provide that the Uni
versity "shall be under the control of the
General Assembly, who shall clct a Board
of Trustees, of which the Governor shall
be ex officio Chairman. -
Sec. 13. The Board of Education shall
elect Trustees for the University as followi
One Trustee for each County in the Bute.
whose term of office shall be elht yearn
ine uni mceung oi me llomTd shall bo
held within ten (10) days after their tac
tion, and at this and every suUequeot
meeting, ten Truitcce shall constitute a
quorum. ' The Trusters, at tWdr firbt meet
ing, shsll be divided as equally tt msy be,
iotn four c'aesea. The wiu of the fim
class shall be vacated at the expiration of
two years ; of the second dais, at the e- . I
pirauoo oi iour years; of tbe thlrcl clsw,
at tbe exp'ratlon of tix years ; of the fourth
class, at tbe expiration of eight years; so
that one-fourth msy be chosen every second
year.
i Sec 14. The Board cf Education and
.the President of the University shsll be n
'effida members of the Board of Trustees ot
the University; and shall, with three other
Trustees, to be appointed by tbe Board of
Trustees, constitute the Executive Com
mittee of tbe Trustees of the University of
North Carolina, and shall bo clothed with j
ae .powers delegated, to the Executive
Committee under ths exiiting organization f"
of tbe Institution. The Governor shsll be '
a officio President of the Board of Trustees
M Chairman of the Executive Co
of the University. The Board of
tlo- ghall nrovide for th mora
mmlttee
Educa
tion shall provide for the more perfect
organization of (be Board of Trustees.
Sections 13 and 14 of this Article should
a x f i i. " .
f'tawsalindcr tcutioh. or other fiml .
du suicaen out.j
r
JteT- jk.V -V--'
it
4