North Carolina Newspapers

b-jn'i.: WILMINGTON, N. C, DNESDAY MORNING, APRIL 8, 1868. . t - - 1 ' ? . . .. . ... .... i , , i . . 1 j 1 ,, ' y . , ,' WE 7)7 SMS OF SUBSCBIWIOJSTAKIJLBLTr IN ADYXCS per Month ..... v ...... ., . , , . . . .75 cents. Ygt tnc roiiucai uampaisn. , , . .ou cenu. f i rertiscmcnta wiL be iuscrtcd at 1 00 per .nrp. lor nrei vinseruon aa ccnw iwr cacu nbaequent insertion. $ M miUOtM , fen lines or less, solid uiinion type, constitute a 'iijuare. IS. PUBLISHED EYEKY .MONIXAY f . i ; subscription : One year...- ' Advertisements II pcr.square. : i . . .. ?2 00 BUSINESS CARDS. ' r DAH1EL Ap SHlTHi Manufacturer and Dealer in all kinds of i parlor; Dining Room onamuer and Office Fnrnitnre, ! Mat trasses, JPeathers Window Shades,: Wall Papery &c, also j Sasli, Blinds and Doors. SOUTH CFRONT ST., WILMINGTON nI C . OCtiJi ...i; I t ' '. AND D E A E K IN SHIP STORES,; (iltOCERIES, 11ARD ware, Paints, Oils, Boats. Oars, &c. y0'g 23 Water, atul :i, 4 & ,6 Dock Street, I ; ' WILMINGTON, N. C ; GEO. Z. FRENCH' ' No. 10, South Front Slreet, WHOLESALE DEALEK IN Groceries, Provisions, Winej :j Liquors. Cigars. ) Woo(2, Willow, and Com yr Cotton and Received oct 6 - iaval Stores Bought or oil Consignment. ! tf g. DOLLNEIt, G. POTTER, J, CAMERDEN DOLLflERj POTTER & GO , Commission lerhanis 1 'v J' : ' -New' j York. 7 ' .. ,L- Liberal cash " .idvanccs on consignments of Na fal atorc3,: Cotton aucl other Southern produce, sept. i " . . T;;, ly 0. C. HATCH, New York. L. G. ESTES, riminjton, N. M. F. HATCH. C. New York. - HATCII ESTES & jCO., ' y GENERAL , .. . .. ComMssion Merchants, NO. 133 FRONT STKEEX, CORNER OF PINE V NEW, YORK. C CONSIGNMENTS OF COTTQN & NAVAt stores solicited. Usijal advances madei and ill orders promptly executed. ' . A. HART. - . JNO.C. BAILEY i - . IRON AND COPPER WORKS, and ' ; AL80 Manufacturcre of TURPENTINE 8TILLS, and COPPER WORK in all .its branches. . : ' ' , , . -; "--i J - , front Street, below . JIarket Street, i Wilmington N. (J.- HART & BAILEY. 1 A i T. PBTTBWAY. BOGEa MOOK B PCTTEIVAY & 3I00RE' QBNERAL COMMISSION MERCHANTS, .if :; NORT1I WAT12R STREET, ' - y 4 WILMINGTON, NC SOLICIT CONSIGNMENTS OF COTTON, , NAVAL STORES AND COUNTRY PRO DUCE. H : i 1 Boina; AG E NTS ; for the Man ufacturers are prepared to fill,Non the most orders for , N ' reasonable -terms, GEO. XIDD'i? CELEBRATED ; COTTON GINS, ZELL'S ItAWBONE SUPEUrilOSPIIATrE, BROWN'S COUNTER, PLATFORM and RAIL- ,u ROAD SCALES. Hmc constantly on hand FERTILIZERS oil all iwcripuous.i tag 5 U J MANL'FACTCREIt -AND DEALER IN 4 STAVES; ! SHINGLES, LAST JBLOCK8, &c. nA8ll PAID FOR WHITE OAK AND CY VPrc88 timber deU vcred at bis Mill at wharf .wot i Castle streets Prompt atteDtioUjgiveu to orders. . ; . WilminctonN; C, Aug. k 187. I tf : r MASUfACTL'RKJiS OF ; . ttnprsveti Triple Flange JFire ivi I' and f Burglar Proofs I rill no .With Combination Und' r6wdcr-proof : Locksj i -ewcieiv ana Bankers' .Safes, l(ie to Order and linc.,1 wlfl, TT-rAA fttiH DnUif18(lio" 103 Wc8t Houston Stre oepot? 10 iai4cn Lane, near Pearl Street, N. Y 1UU CONSTITtJTION OF - NO RTO C AROLIN A. Concluded. ARTICLE IV. ' JCDICXAI DirteTMBHT. Section 1." The distinction between actions at law and suits in equity, and the forms of all such actions and suits thall be abolished, and there shall be in this 8tate but one form of action, tor the enforcement or protection ot private rights or the redress; pi priTatewronffs whica shall be denominated 4--civil action; and eyery action prosecuted by the people of the State as a party, against a person charged with a public offence, lor the punishment of the aanije, shall be termed a criminal action. Feigned issues shall also bo abolished and the fact at issue be tried by order of coutbeJfojiA jury, ;-; "Sec. 2 Tnfee .Commissioner ishall be appoint ed by this conventlou to report to the General Assembly at its first session after this Constitu tion shall be adopted by; the people, rules of practice and procedure in accordance with the provisions of the foregoing section, and the con vention shal! provide for the Commissioners a reasonable compensation. Sec. S. The eame 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 Supreme Court, Superior Courts, Courts of Just ices of the Peace and Special Courts,: j j Sec. 5. ; The Court for the trial of impeachments shall be the Senate; 5 majority Of the members shall be necessary to a, quorum, and the judgment shall not extend beyond removal from, and Mis qualification to hbld office in this Stats; but tho party shall be liable to indietment and punish ment according to law'. Sec. 6.- The! House of Representatives solely, shall have the power ot impeaching. No person shall' bo convicted without the concurrence of two-thirds of the Senators present. When the Governor is impeached the Chief Justice shall preside. . j Sec. 7. Treason against the Stato shall consist only in levying war against it, or adhering to its enemies, giving them aid aud 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 treason or attainder shall work corruption of blood or forfeiture. , ; Sec. 8. The SUDreme? Court shall constat, of a Chief Justice and four j Associate Justices. ; Sec. 9. There shall be two terms of the Su preme Court held at the seat of Government of the State in each year, commencing on the first Monday in January, and -first Monday in June, and continuing as long as the public interest may require. - : Sec. 10. The Supreme Court shall have juris diction to review, upon appeal, any decision of the Courts below,iupou any matter of law or legal inference ; but no issue of fact shall bo tried be fore this court ; and the court 6hall have power to issue any remedial writs necessary, to give it a general supervision and control ot the inferior courts. . . ' Sec. 11. The Supreme Court shall hav. original jurisdiction tO: hear claims against the Slate, but its decisions, snail oei mereij ? recommendatory ; no process in the nature of execution' shall issue thereon ; they shall be reported -to the next ses sion of the General Assembly for its action. Sec. 12. The State shall be divided into twelve udicial districts, for each ot Which a Judge shall be chosen, who shall bold ajj 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 sooner disposed f Sec. 13. Until altered by flaw, the following .shall bo the Judicial Districts : 1 : - First District. Currituck; Camden, Pasquo tank, CPerquimans ; Chowan, Gates, Hertford, BerUeL t . . : . r-' i Second District. Tyrrell, Hyde, Washington,, Beaufort, Martin, Pitt, Edgecombe. Third District- Craven, Carteret, Jones, Ons low, Greene, Lenoir, Wayne, Wilson. Fourth District.-Brunswick, New Hanover, Duplin, Columbus. Bladen, Sampson, Robeson." Fifth District. Cumberland, Harnet, Moore, Richmond, Anson, Montgomery, Stanley, Union. Sixth District. Northampton, Warren, Hali fax, Wake, Nash, Franklin, Johnston, Granville. Seventh District. PerBon,:Orange, Chatham, Randolph, Guilford, Alamance, Caswell, Rock ingham. I - j Eighth District. Stokes, Forsy th e, Davidson, Davie, Rowan, Yadkin, Surry. ' Ninth District. Catawba, Cabarrus, Mecklen, burg, Lincoln, Gaston, Cleveland, Rutherford, Polk. ' ! I 1 ' i Tenth District: Iredell, Burke, Caldwell, Wilkes, Alexander, McDowelL Eleventh District. Alleghany, Ashe, Watauga, Mitchell, Yancy, Madison, Buncombe. Twelfth District Henderson, Transylvania, Haywood, Macon, Jackson, Clay, Cherokee. Sec. 14. Every Judge of a Superior Court shall reside in his District while holding his office. The Judges may exchange districts with each other with the consent of the Governor, and the Governor for good reasons which he shall report to the Legislature at its current or next session, may require any judge to hold one or more .speci fied terms o ' said courts in lieu of the Judge in Mrhosetdistrictjthey are. ; Sec. 15. The) Superior Courts shall have exclu sive original jurisdiction of all civil actions, whereof exclusive, original jurisdiction is' not given torsome other Courts ; and of all criminal actions7, 1 in which the' punishment may exceed fine of fifty dollar, or- imprisonment fqr one month.' -i-4 -V - Sec. 16. The! Superior Courts shall Lave appel late jurisdiction of all issues: of law or fact, de termined 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." y.:--rt'i,i'i h V '. 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 prenticing of orphans, to audit tho accounts of executors, administrators and guardians, and of such other matters aa shall be prescribed by law. All issues of fact joined before them shall be transferred to the Superior Courts for trial, and appeals shall ; lie to the Superior Courts from their judgments in all matters of law. ! Sec. 18. In all issues of fact, joined in any court, the parties may waive the right to have the same determined by jury, in which case the finding of th judge upon the fact, shall have the force and effect of a verdict of a jury. , Sec. 19. The General Assembly shall provuie for the establishment of. Special Courts, for the trial of misdemeanors, in cities and towns, where the same may be necessary. . U : 8ec!20.'Thtt Clerk of the Supreme Court sball bo appointed by the Courtj and shall hold his of fice for eight years y sfV - i ; f - v Sec. 21. A Clerk 01 tnc superior uourt tor eacn County, shall be elected by ,the qualified voters thereof, at the time and in the manner prescribed by law for the election of members of the General Sec. JCi. Clerks of the Superior Courts shall hnA tkoir ofHcea for four vears. v Rec. 23. The General Asscmblv shall prescribe and regulate the fees, salaries, and emoluments of all officers provided for in this article ; but the Afliaries of the Judges ehair not be diminished during their continuance in office. Sec?a4. iThe laws of North Carolina, not re nusrnafit to this Constitution, or to the Constitu nA low. nt the United States, shall be in mu Mvmwwm w- w j linrt-m TintJl InwfnllT altered ' . " Sccv 25. Actions at law; and suita in equity. nn;nr vhn ti.? finnstit ntfon shall co into ti- feet, shall - be transferred to the Courts having Jurisdiction thereof, without prejudice by reason lOl CKO, nt tnecnaDire. sou an sutu suiwup. j COmmenccu m u fi "r" " hv4hi nnrT Awemblr. of the rules and prac 5 anA nrAPidura hcreltL "DTOvided for. shall be Vaami an5 i?rtrminedJ ftccordinc tc? the practice now in use, unless otherwise provided for by eaid i 8eei 26. The Justices of the Supreme Court shall pe elected by the qualified -voters- of the 8tate,i as is provided for the election of members of the; General Assefcably. They shall hold their ofilces for eight years. The Judges of the Supe rior Courte 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," alter their election, under the superintendence of the Jus tices of the Supreme Court,' be divided by lot into two equal classes, ' one of which ; ahall hold .Office jforlour years, the other for eight years. i 8ec.2TUThe General Assembly may provide by law that the Judges of the Buperior Courts, in stead of being elected by the voters of the whole 8tate,ias is herein provided for, shall b6 elected bylthe voters bf their respective districts. , v- - Sea! 28. The Superior Courts .shall be at all times j open for the transaction of all business within their jurisdiction, except the -, trial of is sues ojf fact requiringf 4 jury r ? n ' Seci 29. A solicitor! shall be 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 of four vears. and nrosecute on behalf of the State. Uu all criminal actions in the Superior Courts, and advise the offices of justice in his district Sec! 30. In each county a Sheriff and Coroner, shall be elected by the , qualified voters thereof as is prescribed for members of the Genet al As- semmy, ana snail nola tnelr offices tor two years. I? h, tuwn8hip t??S,aU e aMri elected in like manner by the voters thereof, who shall holdThis office for two years. When, there is no Coroner in the jcounty, the Clerk 01 the Superior Court for the county may appoint one for special cases. In (case of a vacancy existing for an cause;: in any of the offices created by this section, the Commissioners for the county may appoint to such offices for the unexpired term. ttec.i3L 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 the ap pointees shall hold their places untii the next reg ular election. ! , Sec. 1 32. The officers' elected at the first elec tion held under this Constitution, shall hold their I AlCt C A 1 x i j r At 1. t uuiee iur me lenus prescnueu ior lueiu repccv- tively next ensuipg after the next regular elec tion tor members ot the General Assembl y. Bat theirtidrms shall begin upon the approval of this Constitution by the Congress of the United. States. 1 Sec. p3. The several justices of the Peace shall have exclusive original jurisdiction under such regulations as the General Assembly shall pre scribCjj of all civil actidns, founded on contract, wherein the sum demanded shall not exceed two hundred dollars, and wherein the title to real estate (.shall not be inj controversy ; and of all criminal matters arising within their . counties, where the punishment j cannot exceed a fine of fifty dollars, or imprisonment for- one month. W hen an issue of factl shailbe joined before a Justice, on demand of pither party thereto, he shall cause a jury of six men to be summoned, who shall try the same. I The party against whonr judgment shall be rendered in any civil taction, ; may appeal to tne Buperior Court trom tne same, and, if the judgment shall exceed twentv -five i dollars!, there may be a new trial of the whole mat tcr in the appellate court ; but if the judgment; shall be for twenty-five, dollars or less, then the: caso shall be heard in tho appellate court, only upon matters of law. In all cases of a criminal natures, the party against whom judgment is giv en may appeal to, the Superior Court, where the matter shall be heard anew. In all cases brought; before; a. Justice, r ho shall make a record of the! proceedings, and file thei same with the lerk of the Superior Court for Ms county! j Sec. 34. When the office ot Justice ot the Peace shall become vacant, otherwise than by cx- piratidn of the term, and incase of the, failure by the voters of any district to elect, the clerk of the Superior Court for the county, shall appoint to fill the vacancy for thej unexpit ed term. j Sec. j35. In case the office of clirk of a Superior Court for a county shall become vacant, otherf Wise than by the expiration of tho term, and iii case of a failure by the peeple to elect, the Judge of the Superior Court f6r the county shall ap point to fill tho vacancy until an election can be regularly held. I ARTICLE V. REVENUE AND TAXATION. - Section 1. The General Assembly 6halllevy a a capitation tax on every malo inhabitant of tne State kivcr twenty-ono and tinder i Ifty years of age, wnicn snail be equal on each, t o the tax on property valued at three hundred do liars In cash. ijic uommi8sioncrs oi the several c ounties may exempt ironi capitation tax in special cases, on account of poverty and infirmity, a od the State and county capitation tax combined, sltall never ezceed two dollars on the head. .' Seci 2. The proceeds of the 8tate und County capitation tax shall be applied to the purposes of education and the support of the poor,, but in no one year shall more than twenty -five per cent. thereof be appropriated to the latter purpose, j Sec.; 3. Laws shall be passed taxing:, by ai uni form rule, all monies, credits, mv estment3 ' in bonds, stocks, joint stock companies or other wise; land, also, all real and personal property. according to its true value in money. The Gen eral Assembly may also tax trades,-professions, fancliises and incomes, Pi'oi'icUd That no in come (shall be taxed when the property from which; the income is derived, is taxed. J Sec! 4. The General Assembly shall, by appro priate! legislation and by adequate taxation, pro-, vide for the prompt and regular payment of the interest on the public debt, and after the year 1880, it shall lay a specific annual tax upon the reat and personal property oi tne state, and tne sum thus realized shall be set apart as a sinking fund, to be devoted to the payment of the public debt. ! . ' ' Seci 5. Until the bonds of the State shall be at par, the lienerai Assemoiy snail nave no power to contract any new debt or pecuniary obligar tion in behalf of the State, except to supply a cas ual deficit, orfor suppressing invasion or insurrec tion, unless it shalL in the same bill levy a spe cial tax to pay the interest annually. And the General Assembly shall have no power to give or lend the credit of the State in aid bf any persen, association or corporation, except to aid in the completion of such railroads as may be unflin ished at the time of the adoption of this Consti tution, or in which the State has a direct pecu niary (interest,1 unless the subject be submitted to a direct vote of the people of the State,, and be approved by a majority of those who shall vote thereon. . T - j Sec! 6. Property belonging to the State, or to municipal corporations, shall be exempt from taxation. The General Assembly may exempt cemeteries, and the property held for educational, scientinc, literary, cnaniauic, or rtaigivus poses t also, wearing apparel, arms r for muster, household and kitchen furniture, the mechanical and agricultural implements of mechanics ana farmers, libraries and scientific instruments, to a value of not exceeding three hundred dollars. 1 Sec. 7. The taxes levied by the commissioners ot the several counties, lor county purposes, shall be levied in like manner" witn tne state taxes and snail never exceeu wi uuuuw i iu State tax, except for a special purpose, and with the special approval of the General Assembly. Seci o. JSvery act ol tne veuurju asbciuuij, levying a tax, shall state tne special object to which it is to be applied, and it shall be applied to no other purpose. ARTICLE VI. SUf I'llAOE AND ELIGIBILITY TO OFflCE. ftftrtion 1 Everv male person born in the Uni-? tcd Statcs and every male person who has been tiirni-.zp(i twentv-one vears old or upward, who -Koii -hoTft rpRidpd in this State twelve months next preceding the clectiou, and thirty days In thecouutyin which he offers to vote, shall be Sec 2 It shall Uc the duty of the General As sembly to provide from time to time for the rcg i.(MMnn of ll Hectors, .and no person shall be nr.wt votR without registration, or to regis- ter, without first taking an path or affirmation to n.;TWM mil mabi tain the constitution. and laws rYKo TTnitri states, and the - constitution and. TS'in .Vh the nonle shall be bv ballot and aU elscUbhs by the General Assembly Sec 4. Every voter, except as hereinafter pro vided shall be eligible to office, but before cuter- Ing upon the discharge of the duties of his of fice, he sL all take and subscribe the following, oath i f I- do solemnly swear (or affirm) that I will support and maintain the Constitution and laws of the United States 1 and the Constitu tion and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of ray office. So help; me God. '.. 8ec'5. The tollowing' classes of persons shall be disqualified for Office : 'JTirst. All persons who shall tleny the being of Aimighty God. : 8ecciia, All persons who shall have been convicted of treason, perjury, or of any other infamous crime, Since becoming citizens ot the United States, or of corruption or mal-practice in office, unless such pereons shall have been legally restored to the rights of citizenship ARTICLE VII. MUNICIPAL COBPOBATIONS, Sec 1. In each County, there shall bo elected, oietmauy, ny me quaunea voters , tnereot. as provided for .the .election ot members of the den- eral Assembly, the following ofilcers : A Treas urer, Register of Deeds,' Surveyor and Five Com- missioners. . ! - 4 , n Sec4 2.' It shall be the duty of the Commission ers to exercise a general supervision and control Of the penal and charitatable institutions. Schools. Beads, Bridges levying of taxes and finances of ine VJOunty. as may be prescribed, oy law. Xne law. boardofCommissionere; ; fWi l,r i - Sec 3. It shall be the duty of the Commission ers, first elected in each county, to" divide the same into convenient districts, to determine the boundaries and prescribe the names of the 6aid districts, and to report the same to the General Assembly before the first day of January, 1869. oec. 4. upon the approval .or the reports pro-. vided for in the foregoing section, by the Gener al Assembly, the said districts shall have corpor ate powers for the necessary purposes of local government and shall be known as townships. oec. o. m eacn townsnip mere snail De bien nially elected, by the qualified voters thereol, a Clerk and two Justices of the Peace, who shall constitute a board of trustees, and sball, under the supervision ! of 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 may 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 arc situated. In every Township there shall also be bicnially elected a School Committee consisting of three persons whose duties shall be prescribed by law. iScc 6. The township Board of Trustees, shall assess the taxable property of their townships and make return to the County Commissioners, for re vision as may be prescribed by law. The Clerk shall also be ex officio lreasurer ot tne townsnips. Sec. 7. No county, city, town, or otner muni cipal corporation shall contract any debt, pledge its faith, or loan its credit, nor shall any tax be levied, or collected by any officers of the same, ex cept for the necessary expenses thereof, unless by a vote ot a majonty ot the qualified voters therein. Sec. 8. No monfey shall be drawn Irom any county or Township Treasure, except by author ity of law' ; Sec. 9. All taxes levied by any county, cityf town or township, shall be uniform, and ad valo rem, upon all property in tnc same, except pro perty exempted by this Constitution. Sec. 10. The county officers first elected under the provisions of this article shall enter upon their duties ten dayR after the approval of this Constitution by the Congress of t he U. States. " Sec llThe Governor shall appoiut a sufficient number of Justices Of the Peace in each county .who shall hold their places until sections four, five and six of this Article shall have been car ried into effect.! i Sec. 12. All Charters, ordinances "and1 provi sions relating to municipal corporations shall re main in force until legally changed, unless incon sistent with the provisions ot this Constitution. Sec 13. No County. City, Town or other mu nicipal corporation", shall assume or pay, or shall iny tax be levied, or collected for the payment of any debt, or tne interest upon any debt, contract ed directly or indirectly in aid or support of the rebellion. ' ' ARTICLE VIII. COKFOKATIONS OTHEB THAN HUNIC1PAU Section li Corporations may be formed under general laws, but shall not he created by special act, except for municipal purposes, and in cases where, in the judgment of the Legislature, the ob jects of the corporations cannot be attained un der general laws. All genera laws and special acta passed, pursuant' to this portion, may be al tered from time to time or repealed. Sec 2. Dues from corporations shall be secur ed bv such individual: liabilities "of the corpora- tions.and other means, as may prescribed by law Sec. JS. Tne term corporation, as used in tnis Article, shall be construed to include all associa tions and joint stock companies having any of the Dowers and privileges of corporations not possessed by individuals or partnerships. And all corporations shall have the right to sue, and shall be subiect to be sued, in U courts, in like cases as natural persons.' , Sec 4. It shall be the dutv oi the Legislature to provide for theorganization of cities, towns andlncorporated villaffesw- and to restrict their power of taxation, assessment!, borrowing mon ey contracting1; debts, and mining their credit, so as to prevent abuses in assessments and con tracting, debts by each munic "1 corporation. ARTICLE . BDUCAXIO". Section 1. Religion, xnoraJUv and knowledge being necessary to good government and happi ness of mankind- schools and be means of edu cation shall forever be encouraged. Sec 2. The Genera Assembly, at Its first ses cm nnHr ta nrtnot-.itior ha'l provide by taxation anrt othfirwisA for' a rMieral and uniform nvatm rkf,"Pii"Kl? e"hn-k1o ! ."Cin tuition Shall be free of charges to all the cM.Mren of the State between the ages of six. and twenLj-"u" Jfai; . Sec 3. Each county of the xtate b bali be divi ded . into a convenient numfer of dtnets, in whih one or more Phblic Schools shall b P111 tained at least four months 1 every year : if the Commissioners of any romity shall feii comply with the aforesaid requirements 01 iuw section they shall be liable tt ndictmcnt. , Sec. 4, The proceeds of all !nas inai. uiuy been, or hereafter may be, granted by the United States to this State and not otherwise specially appropriated . hjr tli Jnitd Rtitwi or heretofore by this State; also, all monies; stocKs, Donasanu other property now Lbelonglnr to ' any fund for nbmostis of education : ,alsc. the1; net proceeds that may accrue to the 8tat, irom sales of es- trays, or from fines, penalti aud forfeitures ; also, the proceeds of all spt of swamp lands belonglh to tim State; also,' all money that shall be paid.as an equivalent : tor xpcmptions irom military diity ; also, all grants gifts and devise that may hereafter be made tn this State, and not otnerwise ; appropriated Dy igranx, guiwu vise, shall be securely invested and sacredly pre served as anirreducahle tuntf: the annual income of whichrtbgether with so men 01 tne orumarj revenue of the State as may -necessary smut uo faithfnllv annrtrnriated for evtabiishinST and per-! rpt.incr ftViTiAtinn : in - this fiatxj. a svstem of Free Public Schools and for c other purposes or uses whatsoever, ; . - . . aw- -a. The iTnirersitrof iHwtn uaronna, wim fanH cmnliiTtipfifR and franchises. IS Under th ranf rnt of thn State: and shall be neid to an iRAnfirsLhli onnnfiption witv he Free Public Schnnl mvntem nf the. State. - Sec The General - Assereoiy - pru that ihAhAnftfttg Af the Ilnivewitv. asfarsspracu cable, be extended to the youtli 1 the State free of expense tor tuition r aiso,- w" i""!1 Mch iis hftrf tnfore - accrp to the State, or Rhatt hereafter accrue from ,aieats, unclaimed dividends or distributive share of the - estates of deceasedr persons, snau De "wroynaieu w, uiv use of the University.1 t f Sec 7. The Goyernor,iLiamtenant Covernor, Secretary of State. Treasurer.' Auditor, Buperm tendent of Public Works, Superintendent of Pub lic Instruction and Attorney General, shall con stitute a State Board 01 jsdutwion. r Sec. 8. The Governor shrll be President and the Suberintendcnt of Publ ' instruction shall be Secretary of the Board of Education; t -' f- 'i Sec1 9; The Board of Education shall succeed to all the-powers and trusts ci the President and Directors of the literary FuM of North Caroli na, and shall have full powct to legislate and tinatf allr8eejdu -fta raiiona io reiatiou to free public: schools and iv educational , fund of; the State; but all acts, rules aid regulations of said Board may be alter,' amended or re pealed by the General Assembly, and when so si? tered, amended or replcaled, shall not be re? enacted by the boardV1 j .-. 8ec. la The first session ff the Board of En-4 cauyu &uuu ue .neia at ine oapixai oi xne state within fifteen davs after th rranbsatloa of the State Government under this .Constitution; thc time of future meetings ma",M determined by the Board.;- f4; -?i' n,igii. JT: Sec. 1L A majority of tht Board shall ctn stitute a quorum for the transaction bf butlnesC See. 12. The contingent ernsea 6f the Board shall be provided for by the (liberal Assembly. r-. Sec. 13. The Board of E0i"Ilon shall elect Trustees - for f the Unlversitv si follows One Trustee for each county hi the State, whose term of office shall be eight years. Hhe first meeting of the Board shall be held withm ten (10) days after their election and at this awl every subquent u -rvU0. V Tk5. Z.rZL XxZZ ViZ JSSJtSL if t meeting, xen i rustees snail constitute a querum. dedas equally as may be int tour classes. The seats ot the first class shall h vacated at the ex piration of two years;" of th cond class, at the. expiration ot tour years; or t tnird class, at tne exiration of six years ; of tb fourth class at the expiration of eight years; so Wt one-fourth may do cnosen every second year , , , ,. w Bee I. Theuordof Education and the Fresl- dent of the University shall be c Jtcto roembsrs: of -the Board of Trustees of the University: and shall, .with three other Trustees, to be appoints! by the Board of Trustees, " constitute the Execu tive committee of tne Trustees of the Universi ty of North Carolina, and shall be clothed with the powers delegated to the Executive Committee under the existing, organization' of the Institu tion. The Governor shall be fx oJcioPresideat' of the Board bf Trustees and Chairman of the Ex ecutivc Committee of the University. .The Board of Education! shall provide for the more perfect organization f the Board of TrusUes.-' ' tsec 15. All the nrivilecreA. ri?hta. franchlaea and endowments heretofore granted to, or con ferred upon Ihe.jBoard of Trustees oi the Univer sity of N. Carolina by the Charter of 1789. or by any subsequent legislations, are hereby yested in the tsoara oi Trustees authorized by this Constitn- tion for the perpetual benefit of the University- I sec 10. as soon as practicable alter tne adop tion of this Constitution the General. Assembly: snaa estaousu ana maintain, in connection with the . University, a Department of Agriculture. Of Mechanics, of Mining and of Normal instruction i oec xne tieneral Assembly is hereby em powered to enact that every child of sufficient mental and physical ability shall attend the bud- 15 T. 1 J XI . ' . m m uurxog uis perioa oetween; tne ages oi six ana eignteen years ior a term or not less man sixteen months, unless educated by other means. j ARTICLE X - -; HOMESTEADS AKD ZZSMPTIOKS. Section 1. The personal property of any resi dent of this State to the value of five hundred dollars, to be selected by such residents, shall be and is hereby exempt from sale under- execution. or other formal process of any court; issued for the collection of anv debt. . , : - ,Scc. 2. Every homestead and the dwelling and building used therewith, not exceedins? in value one thousand dollars, to be selected bthe owner itnereoi, or in neu tnereot, at tne option of tne owner, any lot in the city, town or village, with- tne qweiung 1 or buildings used tnereon, owned and occupied, by any reaidett of tnls. State and not exceeding the value of one thousand dollars. shall be excepted from sale undar execution or Other final process obtained on any debt." But no property shall be exempt from sale' for the taxes,, or for payment of obligations contracted Sec. 3. The homestead after the death Of the owner thereof, shall be exempt fiom the payment of any debt during the minority or his children Or any one of-them 1 1 -v' ;n a Sec. 4. The provisions , of sections one, , and two of this article shall not be so construed as to prevent a laborer's lien for work.' done Mud perfprmed for the person claiming such exemp tion, or a mechanic's lien for work done on the premises. 1 " 1 4 Sec 5. If the owner of a homestead dia. Imt ing a viow, bnt no children, the same shall be cxenv rom the debts of her husband,, and the rent . ana profits thereof shall inure to her bene- in. uunng ner wiaownooa, uriess sneoe ine own er of a homestead in her own right . : f : I Sc. 6. The real and personaTproperty of any female in this State, acauired belore marrlaere. and all property, real and personal, to which she may after marriage become in any manner entir tied, shall be and remain the sole and separate estate and property of such female J and chill not be liable to any debts, obligations or engage? ments of her husband, and may be "devised or be- queatned, and, witn the written assent of her hus band, conveyed by her as if she were unmarried. ! Sec 7. The husband may insure his own life for the sole use and benefit of his Wife and chil dren, and in case of the death pf the husband the amount thus insured shall bcpad over to the wife and children, or the guardian, if-under'age, for her or their own use free from all the claims of the representatives of her husbaad, or any of his creditors.' ' ' ; t- L-Sifc-n a Sec 8. Nothing contained in the foregoing sec tion 03 tnis arucie snau operate, to prevents tne owner of a Homestead from disposing of the same; oy deed, but no deed made by , the owner of Homestead shall be valid without the voluntarr signature and assent of his Wife, 'signified on her private exanunauon accorcun to taw. , ABTIClifi AL " - ' - 1 . - PCNIBHMHiJTB, PETffAI. INSTITUTIONS AND "PUSLI0 1 CHABITIUS. ; 1 : . ; - J Section 1J the following punishments only shall be known to the. laws of . this State, vis: Death, Imprisonment, with or without hard labor,r fines, removal from offices and disqualification to hold and enjoy any office of honor, trust or pro fit under this State -' 1 i Sec 2. The object of punishments: being not only to satisfy justice, but also o reform the offenders, and thus prevent crinxs, murder, arson, j burglary, and rapt, and thoatdyt may be punish- , able wit . death, if thepneral Assembly so enact Sec. 3. The Genl Assembly shell, at its first meetin", mak provision for the erection and conduct Ti a State? .prison or JPenitentiary at gome central and accessible point within the State" Sec 4. The General Assembly may provide for hs erection of-Houses of Correction, where va-; grants and persons guilty pf misdemeanors shall be restTHiuea auu usciuuj vnipivjoa. :.: ficc 5. A house or nouses of refuge may be es tablished whenever the public interest may re- . ..1 . i 1 ' i. T . J 1 a. quire It, ior tnc correction ana instrucuoa vi other classes of offenders.? r " : ; Sec 6 It shall be required by competent egu- lation that the structure and superintendent 01 pgnal institutions of the State, the county - Jails, and city police prisons, secure the health and comfort of the prisoners, ana tnat maie ana ie male prisoners be never confined' in the same room or cell. T - , . Sec 7. Beneficent provisions for the poor, the unfortunate and orphans, being one of the first duties of a civilized and christian State, the Gen ' eral Assembly shall, at its first session, appoint and define the duties of a Board of Public Chari ties, to whom shall be entrusted the supervision of all charitable and penal state institutions, ana who shall annually report to, the Governor j upon their conditions, with suggestions for their im provement.1 " -' "Vi i-iWifj . seco. ine re snail aiso, as soon as pracxicaDie, be measures devised by the State for the estab lishment of ene or more orphan houses, where k ' . n . a 9 destitute orphans may be cared jor, eaucaiea ana taught some business or trade. " , k ". " 1 Sec 9. It shall be the duty of the Legislature. as soon as -practicable, to devise means, for the education of idiots and inebriates. " Sec 10. The Geneial Assembly shall provide that all the deaf mutes, the blind, end the insane of the State shall, be cared for at the charge of the State. v - -1 &m - u& ui .iwc Sec 11. It shall be steadily kept in view bv the Legislature, and the Board of Public Charities, that all penal and charitable icstitutioxs ihould be made as nearly self-supporting as Is consistent with the purposes ot their creation, :.r; f ARTICLE ; - 1. . MILITIA. Section L All able-bodied male citizens of the SUte of North Carolina, between the ages ; OI twenty-one and forty years, who are citizens' of the United States, shall be liable . to duty in the Mfiitiar Trwided That til peraoci who tlijlt t !: -, shall bs exempt therecsu U vril; m - - see. & ins ueaeru AuenDiy siou provide ior the orsisizl-. sjrclr2,rp-5 discijlmiti of thai Uilltia. and for . ti stme wnea. aHe3 Into active service. . ec 8. The Governor shall bt CommanceMiM.? Chief, and have Dower to call out the Uilltia to-. , executa the, law, suppress ripU or insurrectios," ana. to repel invasion-.-' v xm rztifTnisia id mike such exemptions as may be deemed ae ' eesssry, ana to caact laws uxi isy cs expexueni ior uiegoverxjstatciiciiiua, t.i j .T1 ARTICLE' XIIL called bv the General Aiicnbly unless by (he r concurrence of two-thirds of all the members of each House of the General Asseacly;i t ?. :m ; - Sec 2. No part of the Conititution of this State shall he altered unless a bill to alter the same shall have bees read three timet in e tch Hocia w . . of the General Aseembly and asreed toby three- nuns or the whole cumber or members or eacn -Hous& respectivelv: nor shall any alteration take' t)lac until the bilL so a-rreedto. shall hart been Jinh1!hM 1t nrmfha nravInT' Ml timr ltirtn 01 members to tne uemer&i jusemciy." ir, aner " sueh rrublicatiOB, the alteratltarrro?cae4 by the f receding General Assembly shall be agreed to, a the- first scuicrn ttilct; ttitt)-tU of- tne whole rtpreaenuuon in each, corse . ot la. . , General Assembly, after the same shall have been read three times on three several days la each , House, then the said General Aatemblr shall prescribe a mods hyi which the amendment or -amendments may be submitted to the qualified . voters of the Iloose of RcpreseaUtive thr05ghI .r out the state; and if, upon comparing the jotes . . given in; the whole 8tate, it shall appear that maority of the voters voting thereon have; -ap-.-, proved thereof, then, aud cot otherwise, the same shall become a part of the Constitntlon. : ':;; ; f "r' i ARTICLE XTVT'1- mw Section 1. All indictments which shall have been: found, or may Aeresftei'be foundilbr" aay v crime; or ouencc commuted neiore tnis uonsutu- . tion takes effect, may- be proceeded upon is the ' V proper courts, but no puulshment4 shall be in Dieted which Is forbidden by this Constitution. 4' sec, at a person who snau hereafter, fight a .. duel, or assist in the same as a second, or sendj' accept or.kuowjngly icarry a phalhme therefor, -or actee to co out of this State to fizhVadnel. hauhold any oflcs in this State.. ,! -.. rnri 1 Seci 8. No . money shall be. drawn from the Tre asury but in eonsequefice of appropriations maae; by uw, and an accurate account or J here celpU and expenditures of the public money shall be anhnally published. , ! . . Bee 4. The General Assembly shall provide by ' proper, legislation, tor giving to mechanics and laborers an adequate lleo on the subject matter ' of their labor. . n ...... . ; Sec 5. Ih the absence of ant 'contrary provi sion, tall officers ixf tola 8 UU, whether heretofore eiecuu, or appointed by the Governor, shall bOld their positions' only until other appobitmenta tre made by the Governor, or, i if the officers are elective, until ' their successors shall have been ; chosen and duly qualified, according to the pro visions of this Constitution.' i i j iu y J - s Sec6. The seat of Government in tidi, State shall ;remaln at the city bf Raleigh: - r . 8ec 7. No person shall hold more thanone.lu cratlte office, under the State, at tie samo times' Provided, That officers in the Militia, Justices of the' Peace,' Commlsttoners of Public Charities' and: CommUsioners appointed. for special pur poses, shall not be considered officers within the meaning of this,sjtionii;i -jili i-rHn-'A I)one in Contention at Raleigh, the sixteenth day of March, in the year of our Lord, one thous and fight hundred and. sixty-eighty and of the In- Ofpenaence ox tne united states, tne ninety-sec ondl 1 ' - s '-i ,; (Signed) , , , CALYIN COKLES, , ; Irtridcnt Qfth CondttHiional OonteptioH, ' T.j A, Btrkss, Btcfi , It Is an elegant pressing for' the Hair' It keepsthilaiip Citia ai4rlletlthy.'o , My 1 -' r Terse to bearlss arms, from rtllrieus tercrlesiT mmmmmmK Itmvigoratesthe'Kbotidf tteHairr i"r - ?. It forces the Hair aud eard U groiMnrUnUy It Ipmedlately stojt gato3In Outo! jdi :.,.;, r Xi keepe the ajAiffyikChM! ' it restore urey ftair to mpyg&iQWlot. It briigi'out Hair on keadi tHat htrebeeai Hid U J l. 1 1 fTffi . V-' .... p. It Is compoied entirely of simple and purely vegetable substances -A, it xii tecelved over sir thousand voluntary ies tlmonials of its excellence, tnany pf which are "i v ! from physicians, of hSsh standing ttls 7 so!d In half-pound bottles (the name r - blown In the glass), by Drugglsti and Dealers In Fancy Goods everywhere, at pue Dollar per Bob tli oiesaleTemas Cof JC.i Wellsb Co. ; 8chlefSelin & CoVi'iievr . kprfl 4thc& s :.ir -'2;f .j3rj . - r.. York: ; i37iirly3 MGUJOaSOFAClllDEia Thjs underslffncd offers for sals the pitent ri&rht tc manufacture and use in any of the Southern States, the - ' - ' 1 - 'I-- ;-: : ? IllLLEIt SHINGLE UACLUxtcr K which is, one of the best machines for tawing- ' hinglcvnuse,j.:it, i,.r . jTbis machine was patented on the 13th of July, lS5Si and hu bees taxech . Imnrored) tlacai iXnaA' owing to the war has .not been introduced, into the South. It is adapted for Staves as well as -shingles, cuttlnj them erea, or with auy.Upcr , deelredi , .... :. - JA .t.-r. , ..n .... The saw first enters tho bolts on the side, sad . cbnsequehtly turns out better work than can be 1 done by most other machines: ! it is simple isl lU cimstructlon. cot, name to get out 01. repair, tni it built eutircly of troa. -? j It occupies t tpace of four feet ojr tlxv iutcan' ' be built of any klte the ones now.la cis hcte;. . for staves or shioles from 53 filches down, y f pt Tc Itirfilnci "mti bi Kin lectured. In thbtilv. , Where til the -patternt are on hand, ii desired. . r r A machine can be seen In operation at the sub- 4olber,sniill, Ott-Castio ttrtet whsrLfcj fur-. ther parucmars, tuarest or ctu upou : - OOK, PARLOR, tad LUXATING' STOVES, ' - , -- -- r- - - v i .-. - ; .:.'.-r;?ia'i u ,. xroalne Oil Grates, Const FanuAhlnj Goodsf , S9T.I j ' ."i -'''A WtHi-M: 1 r :-h Hi i ! - ... . ; 1. , -www S...