Newspapers / The Wilmington Post (Wilmington, … / April 2, 1868, edition 1 / Page 1
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' - r- ' 4 4 , w I ... ' i " 1 I ! ' ! ! ! i J i, I ii v . $ ' f. -i ' .V J. - i. 'T " l M .-.;V M "TV .3 1RT '. I 4 si f 1 I I 5 - VOL. 1. THE WILMIXGTOX aVUY TOST. I'cr Month..,,...:, . . 3 tenti. ...V)ept. Forth? Political Cam feigns . . KATES Of ADVEHTISIN t Ik - . i t A " - A M eqjutro for nrw iusertivu poa -79 cents lor eacb THE WILMINGTON WEEKIV POST IS PHBLT811ED EVEHT MONDAY. RUBBCniFTIC'W ffac year, Advertisements 1 crtquare MANONIC DIRECTORY vIlSttJohn's Lodre No. til tlK STert Thrflat--V4i"f'. i'9$ft$$1'.'A :m HORACE II Mt;S0fi', AX. :.3i 1 ii - -.' 5 1 Wm M. Pois90f, Scory. tuutuiu lyuapwi. w j - ; ; Metis Iti'andiZd Monday in ih month Dos. I. Gard?, M. E. IL: , "Ym.. LAiiKifls, Scc'y Wilmington Council Wo. I, Alfred,' Martinet. l.-iMf.'- ij- ( 1 1., U. KfrT EBEiia. Recorder'"' BUSINESS CARDS. WM. i,Yrvoii, v L0TUE3 CUND 3fADE IN THE lif- ce t Biiles apd of the bet Plater jal, fc P Ndrlh East Cor. ' Market & Second rVILMIN(iTON,. N. C - OIJI i DAH1EL Ai SMITH, , Manufacturer and Dealer in all kinds of t rarlor, Diuiiig Room, Chamber : andfOflice JiHiriiiture, Mattrassc? Featliers, Window filiadesj lVall Paper, &,c also Saslt, iijiiuus tinci uoors. f - UUTH "FRONTf ST. WIIiMINGTON- N. C dctSi , ... ' - . . . Jy JO S13 Pill' II. ! EFF, . ? 'fSiriTi? ".qhandijek, - - AM) Ji E V LER tli ; -?- hlllV STORES. GROCERIES, IIARD- V Ware, Faint?, Oils rtat. Oars, Ac. No s a(J Water, and '3, & '5 Dock Street, WIL.MLNGTON, X. Cl r ; GEO. Z. FRENCH, No. 10, South Front Street, jVVilmiiigftoij , r Pyr . O.j. i WHOLESALE DEALER IN Orocerics Provisious. Wines, Liquors. (Jigars. Wood, Willow, and (om I iiitm Crockery Ware. 1 CF" Cotton and Naval Stores Bought or ' Received bn Consignment. I DOLLKER, Ct. I'OTTER, J. CAMERDBN D0L111ER, POTTER & CO , t'mnmission tacrrhantH. : . lVev Yorii. Liberal cash advances on consignment of Na val Stores, Cotton and other Southern produce. I'Pt.'Vl : - '. : ly ri koceks; V " I pmVAUDING AND COMMISSION I MERCIIANT3, : ." '; Corner Chesnut and Water streets,' j Wilmington, N. C. aojj & ;. , tf o; C. HATC'll, J.. O. E3TJSK, M. F. HATCH New Tbrk i Wilmington. '2S. C. ew' 3fork H4Tn, ESTES & 10., -' : v GENERAL .. " - - Commission Merchants, Nq. 132 FRONT STREET, CORNER OF PINE d CONSIGNMENTS OF COTTON A NAVA1 stores eolicited. Usual tdvauccs made:an ifUjorders promptly executed. 1 ' I Aug. otiirio7. . - tr A. flAKT. ,1N0. C BALLET wiittiN&TOJVv ; E IRON A N Ui COPPER ? WORKS, - AND ALSO M a n u f a c t u't e r s of TURPENTINE Wilniington, Ni C. RART & BAILEY, ?:-'Ut:vl4PropMeibnii i? T. FBI IB WAY: ROGER MOOK8 ITTEWAY MOORE GENERAL COMMISSION MERCHANTS, - , - - i - i NORTJI WATER STREET, , WILMINGTON. N. C. SOLICIT CONSIGNMENTS OF COTTON. M N AVAL STORES . AND COUNTRT PRO ICE. , :j 1 Uing AGENTS for the Prepared to fill, on the most Manufacturers are reasonable -4f-;f J!'., terms, Thiers for-, -i.-Uf'U u E0. KIDD'S CELEBRATED . ZELL'S KAWBONE t vD supek-phosphateL ;0WlTSbuiiTER i : PLATFORM and RAIL- W - lnmV: i i jROAJ SCALESi 1IA.VP. cnnitonMtf nn tinA TTBTTT T71f na n all H II I R nn.l 'P.i'iPPP.R WORK in nil ifs T v iHU P-VP1? V branch, i f s 1 j i i-j ! tosremer to cousuu ior inwi ,c r -? I . !t i-;iv y i? I'instnict tneir representauves, ireei, wciow tarnvi . r-irt-i., Legislature for redress olVg WILMINGTON. N. 0.1 TIIUIISJAY .IQJSG, APH1L 2, ICG3, mwir.m if A. i J. V 1 JL J CONSTITUTION or ORTH G A U t) Ij I X f I'HEAMBLF.. V"c the pmle the State of NoitU CarpHua, grateful to Almichtj God, the Sovereign Hulcr ot callous, lor tue prceerTatloa of Uio Amtrican Unionand the existence of our civil, political and Religious liberties, and acknowledging onr dejendence upon Him, lor tho contiuuaucc of 4hofte blessings to us and our uostcritv. do. for .tha more certain security thereof, and for the better government of this 8ttc, ordain aud es tablish this Constitution ' !!' r 1- - ' j . ARTICLE I. i . , i! DECLARATION OF KmniB. ' ' ' 1 j That the great, general and essential priiiciplbs of liberty jand free government, may bo recojg, nized and established, and that the relations uf this Slate to the Union and government of tho United States, and those of the Deonle ot this State to the rest of the American pcoplr, iu3y txs eflned;'an4 affirmed, we do declare: Section 1. That weihold it to be eclf cridtnt t mhat all men are created eqnal ; That they are en dowed by tueir (Jreator w;tti certain unaiitnabio rights j i that among these are Itfo, liberty, tho en joyment of the fruit of their pvn labor, tfnd (ho pursuit !of happiness. "' ' See. That all political r power-' is vested In. 'and, derived from the pcopfev.a.O goveiiiment ot j rigt riKlnates from the people, is founded upon j their will only and jis inetitut'ed Bolcly for the gpoaoi inewnoie. j. 8e6. S. That the people of tbis State liavtr the inherent, sole, and exclusive rii;ht of regulating the ibtcrnal government and police thereof, and of altering and abolishing their Constitution and form of government, whenever it may be ncece fcary to their safety and4 happiness ; but every isuch tight should be exercised iu pursuance of. law, aud consistently with the Constitution -of the United States. , t Sec. A. That this State shall ever remain a mem ber of. the American jUnion, that the people there of are part of tha American nation ; that there is no right on the partjjof this State to eeeede, and that all attempts from whatever source or upon whatever pretext, -to; dissolve said Union, or to sever 6aid nation ought to bo rcslsteti-with the whole poer ol iheibtate. Sec. That eveH' citizen of this State owes paramount allexianee to tbe .Constitution aud Government of .the United States, and that no law or ordinance of the State in contravention or subversion force. , thereof, can hare any binding Sec. 0. To maiutahi the honor and od faitllr of the State untarnished, the public debt, regu larly contracted before and since the rebellion, shall be regarded as inviolable andnever be mies- tioned; but tho State shell never assume or pav. - ;wi uutuuuii! iuv couccuon or, any ueDi or ooii- . ..il i.s it i , ji i t , v i . gation, express . or implied, incurred in aid of m surreetie or rebellion agiiust the United States,' or any claim for the loss or 'emahcipatiou of 'nnv slave.1":" -v Sec. 7. 2o man -or set of me A- arc Entitled' to exclusive or separate emoluments or privileges, from the community but in consideration of pub lie services. . i . Sec. S. The Legislative, Executive, andi Su preme judiciol ppwejrs ol the government bhgbt to beforevcr separate and distinct from each other. i Sec. 9 All power pf suspending laws, or tho execution ot laws by any authority, without the consent ot the representatives of tho ..people, is injurious to their.rights, aud ought not ft fe ex ercised. -ii '- P Sec.. 10Y All elections ought to be free. Sec. iL'lri ,all crimidal 'prosecutions, every man has the rlght'to' be Informed of tho accusa tion against' him and to confront1 the accusers and 'witnesses with other testimony, and to have counnel for his-defence, arid not be compelled to i i i j a. . i i . . i gie eviuuuee agambt mmsen, ' or vo pay costs, jail fees, or neceSfeaH witness fees of the defence, Bcc. 12.1 No person shall be put to answer any criminal i'liarge-7 except as hereinafter allowed, but by indictment, menU t presentment, or impeach- Sec. lo. No person shall be convicted of any crime but, by the unanimous verdict of a jury of good and lawful men in open court. Th'c'Legis lature may, however, provide other means of trial, tor petty misdemeanors, with the right of appeal. . 1 ' : Sec. 11. Eicessive bail should not be rcfiuii t d, nor excessive fines imposed, nor cruel or unusual punishments inflicted. Sec. 15. General warrants, whereby any ofllccr or messenger may bel commanded to. search sus pected places, without evidehec oMhe act com mitted, or to seize ahy lcrsou orj)ersons not named, whose offeuce is hot 'particularly dc scribed and supported by evidence, are danger ous to liberty and ought not to be granted. Sec. TO. Th are shall be no imprisonment for debt in this State, except in cases of lrapd. . Sec. 17. No person ought to be taken, impris oned or disseised" of his freehold, liberties or privileges, or outlawed, or exiled, or in any man ner deprived of .his life liberty, or property, but by the law of the land. . ? Sec. 18. Every persou restrained of his liberty, is entitled to a remedy to inquire into tho law fulness thereof, and to remove the same, if un lawful, nd such remedy ought not to be denied or delayed. j ' i t i8ec. 19, In all contrortrsies at law respecting properly, the ancient; mode of trial by jury is one of the best securities! of ib.e rights of the people, and ought to remain sacred and inviolable. Sec. iil). The freedom of the press is one of the greatrbulwarks of liberty, and therefore ought nevcr4o be restraiued, but every individual shall be held responsible for the abuse of tho same. Jcc. 21. The privilege of the writ of habeas cor pvx shall not be suspended. Sec. 22. As political rights! and privileges are not depeudent upon, lor modified by property, therefore no property qualification ought to et lect the right to vote Or hold office. Sec. 2o. The people of this State oughnbt to be taxed, or made Bubject to the payment pf any impost or duty, without the consent of them selves;' or their representatiyes in General As sembly, freely given. J i ! Sec 21. A well regulated militia being neces sary to the security of a free State, the right of the people to keep and bear arms 6hall not be in fringed,; and, as. standing armies, ia time of peace, are dangerous to liberty, they ought not to be kept tip, and the military should be kept under strict subordination to, and governed by, the civil power. i ngnt to assemoie ommon good, to and to appJy to the nevances, , Sec. 20. All men have -a natural and unalien able nght tp .worship Almighty God according to the dictates of thei? ownebnsciences, and bo human authority should in . any case whatever, control or interfere with the rights of conscience, i Sec. 27. The people have a right to the privi leges of education, and it is the duty of the State to guard and maintain that right. Sec. 28. For redress of grievances I and ior amending and strengthening tho laws, elections should be often held. ) Sec. 2J. A frequent recurrence to fundamental principles, is absolutejj necessary to preserve the blessings of liberty. Sec. 30. No hereditary emoluments, privileges, or honors, ought to be grantedf or- conferred in this State , . , :: " - Sec. 3L Perpetuities and monopolies are con trary to the' genius of ;a free State, and ought not to be allowed. . ! , i 8ec. S2. Retrospective laws, punishing acts committed before the existence of such laws, and by them orJy declared criminal, arc oppressive, unjust and incompatible with liberty, wherefore, vo ex post facto yi ought to be made, i No law taxing retrospectively, sales, purchasesor other acta previously done, ought to be passed. . 8cc 33. 1 Slavery and involuntary servitude, otherwise; than lor crime whereof the; parties shall have been duly. convicted shall be, t and are hereby forever prohibited within this State. Sec 31. Thelluiita and boundaries of the State shall be and remain as they now are. I Reci. 35.' All courta ehall be open, and every L perionlor an Injury done Wm ialiiB lands goods. cnft o f law, acd ri;tt and Justice 4tai3ittft4 ithuut alct dcfilat. or dtlay. t Sec. No oMtr tluill, t ttiu et ptae b MUJrtorcd in ut boos Uhout tht eoetrt;tuf the oetr ; nor in timeuf irir but to a tuitbtr pr 4tritrd by law. Sec. ti?. Tbla enuweration of rlzUU shall cot b ronatriKd to Impair crdruy oUert, ftUiSiJ by thetwpls: and all rorcrt. not hcfciadcl- Zi4. rcinjln ih$ people, ; ARTICLE -II. LtUllLATIVE pgr Alt f WEST. SetUon l. The Legislative authority thall1 ( vcbttd iu two distinct b ranch c, both dependent on tee people to w it ; a Senate and House of Rep resentatives. . r , Soc. 2. The, Senate and House of Representa tives shall meet anuually on the third Monday in November and when assembled, 6hall tie denom inated the General Assembly. Neither House shall proceed upon public business, unices a ma jority of all the members are actually present. Soc. 3. The Senate 6hall b composed of flHj Scnatorb biennially, chorea, by ballot. 8cc 4.f Until the first session of the General Assembly which shall be bad after the year 1871, the Senate shall be composed of members eleoV 9d from Districts con&titnted as follows i ! First District Perquimans, Chowan. Pasano tank, Currituck. Gates and Camden, shall elect twoj Senators. -' i -i , ; Second DistrictMartin, "Washington and Tyr rell ehall elect one Senator., r " Third District BeauforUuid Hyde shaU tlect one Senator. Fourth District Not thaaipton shall elect one Senator. Fifth Distiict -Bertie and Hertford shall elect one Senator. Sixth District--IIalifax. shall elect one senator Seventh District Edgecombe shall elect one senator.' ' Eighth District Pitt shall elect one senator. . Ninth District Nash and Wilson shall'olect one senator. Tenth District - Craven and Cartsret shall elect two senators. Eleventh District Jones audLenoir ehall elect one senator. Twelfth District-Duplin and Onslow shall elect one senator. Thirteenth District Brunswick and New Han over Ehall elect two senators. Fourteenth. District Blacleu ' aud Columbu? shall elect one Senator. Fifteenth District Robeson shall elect one eenalor. Sixteenth District Cumberland, Hmnettacd Sampson thall elect two Senators. Seventeenth District Johnston ehall elect one senator. ' Eighteenth District Greene and Wanie shall elect ono senator. Nineteenth District Fiauklin and Wako shalli elect t,wo senators. Twentieth District-Warren shall elect oue senator. Twenty-first District -Granville and Person shau elect two senators. - Twenty. second District Orange shall elect one senator. Twenty third District Chatham shall elect .one ecnator. i Twenty fourth District CasweU shll cle t one senator. Tweuts-fifth Dktiivt Rockingham shall elect on.c seuator. Twenty sLtth District -Alamance and Guilford shall elect two senators. Twenty-seventh District Randolph: ahd Mont gomery ehall elect one senator. Twenty-eighth District Moore and Richmond spall elect one senator. Twenty-ninth District Anson and Union shall elect one senator. Thirtieth District Mecklenburg shall elect one benator. Thirty-til at District Cabarrus and 8tanley shall elect one seuator. Thirty-second District Davie and Rowan shall elect one ecnator, - Thirty third liistrict Davidson shall elect one senator. . - ' Tldrtj -fourth District -Foisjtho aud Stokes shall elect ono 'senator'. , Thirty-fifth -District- Surry aud Vadkih shall elect ouc'seuator. ' Thirty sixth District Alexander yud Iredell Shall elect one senator. r Thircv-scventh District -Catawba, Garton aud Lincoln shall elect one senator. lLurty-eigMh District Cleav eland, Polk" Iutherford shall elect one senator. Thirty-ninth District Alleghany, Asho Wilkes shall elect one seuator. Fortieth District Buncombe, Henderson Transylvania shall elect one senator. Forty-first DistrictBurke, Caldwell and and and and Wa- laugasnan eiect oue eouator. Forty-second District Madison, MitchfilJ, .Mc Dowell aud Yaucy shall elect one senator. Forty third District Clay, Cherokee, Hay wood, Jacksou audj Macon shall eject one sen ator. Sec. 3. An euurneration of the inhabitants o the State shall be taken uuder the direction of he General Assembly in the year one thousand eight hundred and seventy-five, aud at the end of every ten yeTS thereafter ;, and the said Senate Districts, shall be bo altered, by the General As sembly, at the first session after the return of evory enumeration taken as aforesaid, or by order of Congress, that each Senate District shall con tain, as nearly as raays be, an equal number of in habitants, excluding idiens and Indians net taxed, aud shall remain unaltered untii the return of another enumeration; and shall at all times con sist of contiguous territory ; aud no county shall be divided in the formation of a Senate District, unless such county shall be equitable entitled to two or more senators. v Sec. 6. House of Representatives shall be com posed of one hundred and twenty Representatives, bieunialiychoscn by ballot, to be elected by the conntics respectively, according to their popula tion, aud each county shall have at least oue Rep resentative in the house of Representatives, al though it may riot contain the requisite ratio of representation ; this apportionment shall be made by the General Assembly at the respective times1 and periods when the Districts for the Senate are hereinbefore directed to be laid off. Sec. 7. In making the apportionment in the House of Representatives, tbrt ratio of represent tatiou shall be ascertained by dividing the amount pf the population of the State, exclusive of that comprehended within those counties which do not severally contain the one hundred and twen tieth part of the population of the State by the number of Representatives, less the number as signed to such counties ; aud is ascertaining the number of the population of the State, aliens and Indians not taxed, 6hall not be included. To each county containing the 'said ratio and not twice the said ratio, there shall be assigned one representative ; to each county containing twice but not three times the said ratio, thcre snail be assigned two representatives, and 6o,on progres sively, and then the remaining representatives shall be assigned severally to the counties hav ing the largest fractions. . . Bee. S. Until the General assembly shall have made the apportionment as hereinbefore provi ded, the House of Representatives shall be com posed of members elected from the counties in the following manner, to wit : 4 The county of Wake shall elect four members: the counties of Craven, Granville, Halifax and New Hanover shall elect three members each; the counties of Caswell, Chatham, Cumberland, Davidson, Duplin, Edgecombe, Fianklin, Guil ford, Iredell, Johnston, Mecklenburg, Northamp ton,, Orange, Pitt, Randolph. Robeson, Rocking ham, Rowan, Warren and Wayce shall elect two members each ; the counties of Alamance, Alex ander, Alleghany, Ansou, Ashe, Beaufort, Bertie, Bladen, Brunswick, Buncombe, Burke, Cabarrus, Caldwell, Camden, Carteret, Catawba, Cherokee, Chowan, Clay, Cleveland, Columbus, Currituck, Davie, Forsyth, Gaston, Gates Green, Harnet, Henderson, Haywood, Hertford, Hyde, Jackson, Jones, Lenoir, Lincoln, Macon, Madison Martin, McDowell, Mitchell, Montgomery, Moore, Nash, Onslow, Pasquotank, Purquimans, Person, Polk, Richmond, Rutherford, Sampson, Stanley Stokes, Surry, Transylvania, Tyrrell, Union, Washington, Watauga, Wilkes, Wilson. Yadkin andj Yancy shall elect one member each. .. , r Sec. 0. Each member of the Senate f shall be not less than twenty-five years of age, shall haye resided in the State as a citizen two years, and shall have usually resided i 1 the District for which he is chosen, one year immediately prece ding his election." ' - '!L-;J JlS't"JlLl'l'JJ'Jl!''M'llMl' f ttt. Each member cf tbf Hot:' ef n p ttjeststivw thill be nuaUflt d elector efte eiate, and thail iiae ntlJfd 10 the four.ty fur rMtb be it cbentett lor Atefrsf teiutdtatei? tweMjitd; tia lltioo. vh il tfUii.t 1 ' ! " i- f.-i-1-Bee. IL lathe elecf'lon ol all oScer ?, ose rpsictamt shall be conftrrti upon ihi Gee era! Aueablj by the Cont tit ut torn, the'volf shall be , Hcc IX TCSGenfn,! estrntiytfciH It? paw er to past general U regvtatle? dlvt rte 'and aliiaouy, but shall not btre power to eNnt a di vorce or secure alimony In any icdrrldntl cue. 8ec 13. lhd General Asicmbly t;hall not baTt power lo piss toy rtvate law? to tter the same of any person, or to legitimate any person cot born in lawful wedlock, or to reitof e to the rirhts of citizenship any person convicted ol an infamous crime, but shall have power to pass gen eral lawt vt2Unt Mjaeo f ifc :i, ;p ! I Sec. 14. The General Assembly ihill not ;ass any private Uw, unless it shall be made to appear, that thirty days notice of application to pass such law shall liave been tvcn. under such dirce tlcm, nd In tuckisanjer is chill .be protided. bylaw- ,. j . .1 V See. 15. If vacancies shall occur in tic Gene ral Assembly by death,! resignation or otherwise, writs of election shall be issued by the Govenor nnder inch rtgulxlions maybt prcSeifibed by lawj ' . i . ' .' . I . See 1ft. No law shltl be passed to raisls money on the credit of the State, or to pledge the faith fthe6tate. dUretly,;r iindkcctly.fQr the pay ment of any debt, or iolmpotol any tax tipon, the people of the State, or to. allow the counties, cit ies or towns to do 60, unless the bill for the pur pose shall have been read-three several times in each House of the General Assembly an passed three seveial tengs,hich readings shall have been on three different tdaysand r agreed to "by each House respectively, Bd unless the jljeas and nays on thfe second andl third readihgs of the bill shall have been -entered on the Journal. Sec. 17T The -General A&sembly shall regulate entails in such-manner as to prevent perpetuties. Sec. IS. Each house shall keep a Journal of its proceedings, which shall be printed and made public immediately after 'the adjournment of the General Assembly. ' J I I Sec. 19. Any member of either house; i$iay dis sent from, and protest against, any act or fi-esolyef which he may think injurious to. the publil or any individual, and have the reasons of his dissent entered upon the Journal. Sec. 20. Tho House: of Representativils' shall choose theif;own Speaker and other officlre. i Sec. 21. 1 The Lieutenant-Governor sh$ll pre side in the Senate, but shall have no vote! unless it may be equally divided. . 4 I . Sec. 22. The ScnateshaH'choose its otfecr ofll- cers. and also a speaker, (pro tempore,) iulthe ab-' senceofthe Lieutenant-Governor, or wjhen he 6hall exercise the offlce of Governor:, 1 ' ' i Sec. 23. The style ol the sets shall bcp'The General Assembly of North Carolina do enact.'? Sec. 21. Each house shall be judge of the qual ifications and election's! of its own member, shall sit upon its own adjournment froni day 40 day, Ercpare bills to bo passed Into laws, and f?he tw o ouscs may also jointly adjourn to any tutqre day, dr other place. 1 j : I 'Sec. 25. All bills and resolutions of a legisla tive nature shall be read three times In eac house before they pass into laws and shall be signed by the presiding officers Of both houses. 1 f Sec. 26. Each member of the General Jtssem bly, before taking his iseat, shall tako an ath or amrmation that ho will support the j constitution and laws of the United States, and tnc constitu tion of the State of North-Carolina a;id wilj faith fully discharge his duty as a membei of the sen ate or house of representatives. 1 1 Sec. 27. The terms! of office for Senatejrs nud members of the House of Representatives shall commence at the time' of their election ; aijd the term of office of those selected at the first election held under this constitution shall terminate at the same time as if they had been elected t the first ensuing regular election. ' i Sec. 28. Upon motion made and seconded jiu either House, by one-fifth of the member! pres ent, the yeas and nays! upon any question! shall be taken and entered Upon the journals, j ! Sec. 29. The election for members of th Gen eral Assembly shall be held for tho respective dis tricts; andcountiei, at! the places where the aro now held, or may be dit cted hereafter to bo, hqld in such manner as may be prescribed by law, On the first Thursday in August, in the ycai ohe thousand eight hundred and seventy, and lever j two years thereafter. But the General Assembly may change the time of holdiug tbej electipnsf The first election shall be held when thd vote shall bo taken on tho ratification ot thlsi consti tution by the voters of the State, and the General Assembly then elected, shall meet on the" fifteenth day after the approval thereot by the Congress of the United States, if it fall not on Sunday, but if it shall so fall, then !n the next day thereafter, nd thp. members then elected shall j hold Itheir Seats untii their successors are elected at a f egU lar election. ARTICLE IU ! EXECUTIVE PEPARTMEM. "I '" ' t I ! i. Tho Executive Department shall r.nniRt of a Governor fin whom shall Le vtsted fhp. Rnnrp.Tno executive Duwer of the State 1 a Lieutenant Governor,! a Secrotary ot Statei au Auditor, a Treasurer, ja Superintendent of Public Works, a Superintendent of Public Instruction and an Attorney Genera, who shall i be elected for a term of four years, by the qualified, electors of the State, at the same time and places, ad 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,!flfter their election, and continue until their successors are elected, and qualified: provided!, that ? the officers first elected , shail assume th duties of their office ten days after the approval ; of this Constitution by the Congress of the United Stales, an dshall hold their offices four years from and after the first day of January 1869. 1 ! Sec. 2. No pei son shall be eligible as Govern or or Lieutenant Governor, unless he shall have attained the age of thirty years, shall have been a citizen of the United States five years, and shall have been a resident of this State for! two, years next before the election ; nor shall the person elected to either of these two office? be eligible to the same office more than four years In any tt -m of eight years, miles the offlce shall have been cast upon him as Lieutenant Governor or Presd ent of the Senate. ' 1 f ; Sec. 3. The return of every election for officers of the Executive Department shall be! sealed up and transmitted toLthe seat of Government by the returning officers, directed to the Speaker of the House of Representatives, who shall open ! and publisltthe same iu the presence of a majority of the members of both Houses of the Geueral A6s embly. The persons having the highest number of votes respectivelyi shall be declared duly elec ted ; but if two or more be equal and highest in votes for the same, then one of them! shall be chosen by joint baUot of both . Houses of the General Assembly. Contested elections shall be determined by a joint vote of both Houses of the General Assembly, in such manner as. shall, be prescribed by law. '; ! 4 Sec. 4 The Governor, before entering upon the duties of his office, shall, in the presence of the members ot both branches of the General Assra bly, or before any Justice of the Supreme Court, take an oath or affirmation, that be will support the constitution and laws of the United States and of the State oftNorth-Carolina, and that he wUl faithfully perform the duties appertaining to'the offlce or Governor to which he ' has been Sec. 5. The Governor shall reside at the &eat of government of this State, and he shall, from time to time, tdve the General Assembly information of the affairs, ot j the State, and recommend to their consideration such measures as he shall deem expedient.1 : ' jf j a k vhm -fimrtmnr shall have power to grantreprieves,xommutatlon3 and pardons, iflter COuTlUUU, IKL Oil UUCUVVO, u vwu) v impeachment,) upon Shch conditions as he may think proper, subject to sucbregnlations as bay be provided by law relative to the maimer of j ap plying for pardons. He shall anhally communi cate to the General Assembly, each case ofj re prieve commutation or pardon granted; statins the name;;of each '1 convict, '.the crime if for which he was convicted, - the sentence and its date, the date of commutation; pardon, or; fe- 4 prieve, and the reason ttiereror. . ISec 1. The officers of the Executive Depart ment and of the Public Institutions of the State, shall at least five days previous to each regular session of the General Assembly severally report to the Governor, who. shall trasmlt such reports. . a . r a t : i w ... - i - 1 Uli lis iaesj?e, u the Geitral AisraUy ; -J Ibf Govt root iiity, t any tiqje, rc ltUre tufortsa Ua in wrtlis frera tiie-ecit la tho c aUv ulrlmeet Hin ttsr iut ject relating to the 4 ties of their rwpeetiT eQctt, aisd shall take care that the laws be fAithfully executed, m gee. The (tovernor shslt be cetamaoder-ia-chitfof the mlllUaol the State, tatepl when they shall be railed Into the ttrtire of the Cttlttd etatta. , - Sec The Governor Lall hate power, on ex traordinary occasions, by and with the adilet ot lbs Council of etitc, to contcne tho Gentnl As sembly, In extra session by his proclamation, statin;; therein the purpose or purposes for which they aro thus convened. 1 See. 10. Tho Governor shall nominate, and, by and with the adtlce and eonsent of a majority of the Senators elect, appoint all officers whose offi ces arc established by this contention, or which shall be created by law. and whoso appointments are not otherwise provided for, and no such offi cer shall be appointed or elected by the General Assembly, u . ' - Soc. 11. The Lieutenant Governor shall be President ot the Senate, but shall have no vote unless the Senate be. equally divided. He shall whilst acting as President of the Senate, receive for his services the same pay which shall for the same period, be allowed- to the speaker of the House of Representatives, and he shall receive no other compensation except when he is acting as Governor. . -. :. ... ..f) .';4,,-. Sec 12. In case ol the - impeachment of the Governor, his failure to quality, his absence from tho 8tate, his inability to dkenaree the. duties of his office, or in case the -office of Governor shall in anywise become vacant, the powers, duties and emoluments of the! office Ihall devolve upon the Lieutenant Gcnrernor; nntil the , disabilities 6hall cease, or S new Governor shall 'bet elected and qualified.! In every case In .which the Lieti tenent Governor shall be anable to preside over the Senate, the Senators shall elect one of their own number President of their body; and the S)wefs, duties, and emoluments of the office of overnor shall devolve upon him whenever the Lieutenant Governor shall, lor any reason, be prevented from discharging the duties of such office as above provided and he shall, continne as acting Governor until the disabilitiea be re moved or a new Governor or Lieutenant Gover nor shall be elected and qualified. - Whenever,' during the recess of the General Assembly, it shall become necessary for a President or , the Senate to administer the Government, the Becre tary of State shall convene the Senate, that they may elect such President. . " i .4 Sec. 13. The respective- duties of the Secretary of State, ' Auditor, Trea&urcr,4 guporintendeht of Public Works, Superintendent of Public Instruc tion, and Attorney General shall beprescribed by law. If the offlce of any of said officers shall be vacated by death, resignation, 01; otherwise, it shall be the duty ot the Goternor to appoint an other untiHhe disability be removed, or hia suc cessor be elected and qudlflid. Every such va cancy shall be filUd by election, at thctfirst gen eral election that occurs more than thirty, days after the vacancy has taken place and the person chosen, 6hall hold the offlce for the remainder of the unexpired term fixed in tho first section of this Article; ;- ' : ' ' .Sec. 14. The Secretary of State, Auditor, Treasurer, Superintendent of Public Torks, and Superintendent of Public Instruction shall con stitute ex officio the Council of State, who shall advise the Governor in the execution of his office, and three of whom shall constitute a ' quorum; their advico and proceedings in this - capacity shall be eutercd in a Journal to be kept for this purpose exclusively, ana signeti oy the members present, from any part of which any . t member may enter his. dissent ; and such Journal shall be placed before the General Assembly when called for by either House, The Attorney General shall be ex officio : the legal adviser of the Executive Department. ' 4 Sec. 15. The officers mentioned in this Article shall, at stated periods, receive for their services a compensation to be established by law, which shall neither be increased nor diminished during, the time for which they shall have been elected and the said officers shall receive no other emolu ment or allowance whatever. v, , . Sec, 16. There shall be a seal of the State, which shall be kept by the Governor, and used by him as occasion may require, and shall be called " the Great Seal of the State of HNorth Carolina.'' All grants and commissions shall be issued in the name and by the authority of the State of North Carolina, sealed with " the Great Seal of the State," signed by y the Governor and countersigned by the Secretary of State. Sec. 17. There shall be established iu the offlce of the Secretary of State, a Bureau of Statistics; Agriculture and Immigration, under such regula tions a6 the General Assembly may provide. ARTICLE IV. JUDICIAL PEBJSstMEKT. Section 1. The distinction between actions at law and suits In equity, arid the forms of all such actions and suits phall be abolished, and there shall be in this State but one form of action,? lor the enforcement or protection of private rights or the redress of private wrongs which shall be denominated a civil action; and every action prosecuted by the peoplo of the State as a party, against a person charged with a public offence, lor tho punishment of the same, shall be termed a criminal action; Feigned issues shall also be abolished and tho fact at issue be tried by order of court before a jury. j Sec. 2. Three Commissioners shall be appoint ed by this convention to report to the General Assembly at its first session after this Constitu tion shail be adopted by the people, rules of practice and procedure in accordance with the provisions of the foregoing section, and the con vention shall provide for the Commissioners a reasonable compensation. Sec. S. The Same commissioners shall also re port to the General Assembly as soon as practi cable, a code of law of North Carolina. , The Governor shall have power to fill the vacancies occurring in this Commission. ' Sec. 4. The judicial power of the' State shall be vested in a Court for the trial of Impeachments, a Supreme Court, Superior Courts, Courts of Just ices of the Peace and Special Courts, ' Sec. 5. The Court for the trial of impeachments shall be the Senate; a majority of the-members shall be necessary to a ouorum, and the judgment shall not extend beyond removal from, and dis qualification to hold office in this State; but the party shall be liable to indictment and punish ment according to law. , ) Sec. 6. The House of Representatives solely, shalHiave the power of impeachingi No person shall be convicted without the ; concurrence of two-thirds of the Senators present.. When the Governor is impeached the Chief Justice shall preside.-! - -4" ', ,;.;-r 4 !:,..,4 Sec 7. Treason against the Slate shall consist only in levying war against it, or adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testi mony of two witnesses to the same overt act, or on confession in open court. ? No conviction, of 1 treason or attainder shall work corruption of blood or forfeiture. ! r r ; Sec. 8. The Supreme Court shall consist of a Chief Justice and four. Associate Justicesi Sec. 9. ! There shall be two terms of the Su preme CourUheld at the seat of Government of the State in eacliyear,ommencing on tho first Monday in January, and first Monday in June, and continuing as long as the public interest may require. . . -" 1 V .; . . . . 8ec 10. r The Supreme Court shall have Juris diction to revIew,upon appeal, any decision bf the Courts below,Jnpon any matter of law or legal inference; but no issue of fact shall be tried, be- fore this court ; and the court shall have power, to issue any remedial writs necessary, to give It a general supervision: and control of the Inferior conrta. !. . - .;"!;:". ucth Sec. 11. The Supreme Court shall hay original jurisdiction to hear claims against the State, but its decisions shall be merely recommendatory; no process in the nature of execution shall issue thereon they shall be reported to the next sea-r slonof the General Assembly for itt tction. r dt Sec. 12. The State shall be divided into .twelve judicial districts, fbr-eachol which a Judge shall be chosen, who shall hold a Superior Court in each county in said District, at least twice in each year, to continue for two weeks, unless the busi ness shall be aconer disposed of. v ' ,....,r &ec 13. Until altered by ilaw the following shall be ther Jiidicial DistrfcU,' . '. , 4 j:u First DistrictnrritnckjCamdewi Pasquo- InW 'PmnnlmtM i rTfinwan ii lata. - tf mrfnrA'. ueruc ... If - : f'iii, t m it ' A xttif T A ' f KO. 135-v eernninssiikt-TyncIU liyde4Washin; Rcaufoil, Martin, Iltt, Ldireccmbc iton. Third Dittrlct Craven, Carteret, Jooea, Ont low, Greene, Lenoir, Wayne, Wilson,, ! .Fourth DUtrlct Bnmswlck, NewHanoverv DoMio, Columbus. Bladen, Sampson, Robeaon.4 ' Fifth UlstrietwCumyerland, Harnet, Moore, Rlchaond, Amos, Montgomery, Stanley, Union. . Sixth DUtriet Northampton; Warren, Hall- far. Wake, Nash, Frsnklin, Johnston, Granville, f 8fDth DUirkt Person,' Dranr Chatham; ' Randolph, 'Gttilfortl,' Alamance, Caswell, Rock Ingham. " v ' Eighth District. Stokes, Forsvthe, Davidson Rowan, Davie, Yadkin, 8urry. , j Ninth District CaUwba; CbaituS. 5lccklen, burg, ; Lincoln, Gaston, ClcveUnd. Rutherford. Polk. , . - '.' ! 4 t Tenth' tMitrict.iredeH,4Bnrhej Caldwell, Wilkes, Alexander, McDowell. 4 j Eleventh District Alleghany, Ashe, Watauga," Mitchell, 4Tancyt Madison,? Buncombe, r : . , il .Twelfth 4DIstricL TTendrrsnn Trn Haywood, Macon; Jackson, Clay, Cherokee." ? , Sec. 14. Every Judge of a Superior Courtshalli -' reside in his District while holding his office. fr The J udcee may! exchange districts with each other. with the consent of the Governor, and the Governor for good reasons which he shall report 1 '-. to the Legislature at its chrrent or next session, may require any judge to hold one or more sbec! - '4. fied terms of said courts in lien of the Judge in whose district they are. ' "i: ' - r: ' See 15. The Superior Courts ehall hay extlo eivoi original jurisdiction of all civil actions, whereof exclnsive original jurisdiction is not given to some other Courts; and Of all criminal actions, in which the punishment may exceed a fine of fifty dollars or imprisonment, for one month,. ." ( . - w' "v . Sec. 16. -The Superior Courts shall have appel I late jurisdiction of all issues of law or fact, de termined by a Probate Judge or a Justice' pf the Peace, where the matter in controversy exceeds twenty-five dollars, and of matters ' bf law In all cases. f. :- 1 , . ,; j . Sec. 17. The clerks of the Superior Courts shall have jurisdiction of the -probate of deeds, the , granting of letters testamentary and of adminis tration, the appointment of guardians, ? the ap- u prenticing of orphans, to audit the accounts of executors, adminlstrators &nd gttafdians; and of such other matters as shall be prescribed by law. All issues' of fact joined before thera shall be transferred to the Superior Courts, for, trial, and , appeals shall lie touhe Superior Courts from their judgments in all matters of law. r ; Sec. ItJ. In .all issues of,. fact, joined in any 4 conrt,Mhei parties may .waive the light to s have the same determined by jury,' in which ease the finding of the' judge .upon the fact, shall have ; the force and effect of a verdict of a jury. i Sec. 19. The General Assenxbly Bhall provide for the establishment of Special Courts, for tho ' trial ol misdemeanors, intitiet and towns, where Sec. 20. TheXlcrk'of the Snfirevuc CSnrtWhlilf te appointed by the Court, nd? shall hold his of ffce for eight years. rSec. 2L A Clerk of the Superior Court for each Countyj shall be elected by the qualified voters thereof, at the time and in the manner prescribed bylaw for the election of members of the G oneral Assembly. , 8ec 22. Clerks of the Superior Courts shall hold tkeir offices for four.y ears..- . , , . - Sec. 23. Tlie General Assembly shall prescribe -and regulate the fees, salaries,- and emoluments of all officers provided for in this article ; but the salaries of the Judges shall nOt-bo diminished during their continuance in office. . Sec. 24.' The laws of North Caroliua,. not re pugnant to this Constitution, or to the Constitu tion and laws ot the United BUteS, shall be in force .untillawfully altered. I Sec. 25. .Actions at law, and suits in equity; pending when this Constitution shall go into ef fect, shall bo transferred to the' Courts having jurisdiction thereof, without prejudice by reason' of i the change, and all: such actions and suits, commenced before, and pending at the adoption by the General Assembly, of the rules and prac tico ahd procedure herein provided lor,' shall be heard and determined, according to the practice now in use, unless otherwise provided for by said rules. . .. . - ... , , . Bcc. 26. The Justices of the Supremo Court shall be elected ,by the . qualified .voters of tho State, as is provided for the election of members of the G oneral Assembly They shall hold their offices for eight years. The Judges of the Supe rior Courts shall be elected in like manner, and shail hold their offices for eight vears : but the Judges of thft Superior Courts elected at the first ciuvtiou uuuti, jkuia vouatiLULiyu, cuan, ttlitr IUC1 election, under tne superintendence of the Jus ticea of the Supreme Court, be divided by lo 4nto two equal classes, one of which shall hoi omcc tor lour years, the other for eight vears. Sec. 27. The General Assembly mar provide bv law that the J udges of the.- Superior , Courts, in- ' .Hi, 1.1 Steaa 01 Demg elected uy tnc voters or the whole -State, as is : herein provided for, shall be elected byjthe voters "of their respective districts. Sec. 28. The Superior Courts shall, bo at all times, open for the transaction of all business within their jurisdiction, except the trial of is sues of fact requiring . a jury- . Sec. 29. A solicitor shall bo elected for each judicial district by the qualified voters thereof, as is prescribed for . members of the General As sembly,, who shall hold office for the term f - ' four years, and prosecute on behalf of the 8tatc, , iu all criminal actions , in; th S,nperior Courts, and advise the offices of justice in his district. ' Se). In each county a f heriff and Coroner, shall be elected by the qualified voters thereof as is prescribed for mqmbers of the Gcneial As Bcmbly, and shall hold their offices for two years. In caeh township there .shall he a CbAstablt, elected in like manner by the votew thereof, who shall hold his Office for two ycaTs.s'When -there is no Coroner in the couuty.the Clirkbof tho Superior Court for the county mayJ appoint one for special cases. : In case Of ayacancy xiBtiug for any cause, in any of the offices created by this section, the Commissioners for the county may appoint to such offices for the unexpired terra.-1 Sec 3L All vacancies occurring in the offices provided for by this Article of this Constitution shall be filled by the appointment of the Govern- .Or, unless otherwise provided! for, and tbo ap- poiuiees Biiau uoiu meir piacca uniii me next reg ular election.. "ji-r p. t -l -?--. -? rt-if . " : Sec 33. Tho o'fficers eleetcd at the first elec- tion held under this Constitution, 6hall hold their Offices for the terms prescribed for them respect tively, next ensuing after the .next regular elec tion for members of the General Assembly. But their terms shall begin upon the approval of this Constitution by the Congress of ' the 'United ' States, v r .;.,- ., J lf t .... ' . ; ! . Sec. 33. The several Justices or the Peace shall have exclusive original jurisdiction under such regulations as the General-Assembly' shall pre scribe, of all civil actions, founded on 'contract, wherein the sum demanded shall not exceed two hundred dollars, and wherein the . title to real estate shall not 'be tni controversy; and of all criminal matters.arlsing' within their, eounties, where the punishment cannot exceed1 line ot fifty dollars, or imprisonment for ,onOr month. " When an, issue pf fact shall beioined beford a ' Jttstice, on demand of eitho- partyi thereto, h: shall cause a jury of six men to tje. eummoned, 1 who shall try the 6ame. - The party again6twhom 4 judgment shallbe rendered in any civil action; ( may appeal to the SuperiorsCourt from the same, and, if the judgment shall exceed twenty-five 4 dollars, there may be anew trial of the whole mat- ter iu tiie appellate, courUhut if tho judgment shall be for twenty-five doBars or less;! then the - ! ease shall be heard in the 'appellate court, only 4 upon matters of law. In all cases of a crimUral nature, the party against whom judgmeht'la glv-' en inay appeal to the Superior Court, where tho - -matter shall be heard anew. - In all cases brought, before a Justice, he shall mako a ' record Of the proceedings, and file the same with the Uerk of the Bupcrior Court for nls county. 4 '. J " -' Sec 34. When the office of Justice of , ;the Peace shall become .vacant, otherwise than by ex piration of the term, and in cose of the failure by the voters -of any district to elect,' the clerk of the Superior .Court for the county, shall appoint to nil the vacancy for the unexpired, term. ? '- ' Bee. 83. In caao the offlce of clerk of a Superior Court for a county shaU become vacaaiV otber wise. than by the expiration., of the term, and in 4 case of afkilare by the peeple to elect the Judge of the Superior Court for the -county shtll "ap point tali 11 the vacancy until an elecuon tan ; b t regulirry hiULW?a! :i3r r:i fforJfittislnfK 4;fl wnftovtyttwi' U4 '4': - r: i-i . !. ! ' "J 1 - X ''A" '5.4 - t . -mi? I' ll 4 . - 'Mint it'r:. r 14 i? ( J: - ti 'r ) 1 L" 1 ft
The Wilmington Post (Wilmington, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
April 2, 1868, edition 1
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