Newspapers / The Wilmington Post (Wilmington, … / April 9, 1868, edition 1 / Page 1
Part of The Wilmington Post (Wilmington, N.C.) / About this page
This page has errors
The date, title, or page description is wrong
This page has harmful content
This page contains sensitive or offensive material
V . .1 - .- ? r -;-. : . i ' - ! . - ' , ' ' - : : ' j ' , ..- - ,. . , v " ' ' i ' " ' 1 .-.,': . . . - ! : . i . : ! ' " - - . i - - : . "!',;.' ; . ' "-"';vJ:v. . . ..... , '. . ' : . - ' : ...... --t .. - : v -:- ' ' . , :- ' ry l1"rTrT' wri U'f?-: - , - :.;...,'- - . r'7 - .l' f :r - - " - - ------ . . ... L-JU 4 V . i VOL. 1. WILMINGTON, N. C, THURSDAY MORNING; APRIL 9, 1868. NO. 141: 4' DAIIY POST. RM3 OF SUBSCRIPTION IX VAIUABLT IN -XD VANCB j piir Month... .!..'.. 75 cents. for ttic Political Campaign. . . . . .. ..50 cents. RATES OF ADVERTISING : v. Arertisements will be inserted at - 00 per gqaare for. first insertion, and ;0 cents . tor each ' v.eVnnip.nt insertion. - U n Vi -UU9VH- 1 .1 J : Ten lines or less, solid mimon ype, coni(itutcJi . s'j'iare. rriir IH1 v 13 TOBLI3HED EVKKT MONDAY. SUiiSCK.IlTIOJJ : Oue year..; . . . . 00 ' Advertisements $1 per sqha'ce. BUSINESS CARDS. DAHIEL feSMITH, ; Manufacturer and Df aler in all kinds of parlor, Dining Room, Cliamlier and Office Furniture, ; Mattrasses, Featliers, Window Shades, Wall Paper, &c., also Sasli, Blinds arid Doors. SOUTH FRONT ST.', WILMINGTON, N. C oct2i i t. . ly - i . .. . . . ' . 'AND D K ALi EK IN , SHIP STORES, GROCERIES, IIARD warej PaintsJ Oirs, Boat's. Oar, &c. .7"V W.-AVatcrj'. and fc ii Dock Street, WILMINGTON, N. C j i iy i GEO. Z. FEENGH, No. 10, Soth Front Street, ' : -WHOLESALE DEALER IN . Groceries, Proyssioas. Wiacs, . n: - Liquors.- Cars. , ' , ' Wood, . WI-3oti and Co.si iiion 2ocLcrir Ware. ST Cotton and Naval: Stores Bought or - itecuiveu on ousigiimeui. oct 6 . ! ; -.; . . - ..i ". tf ja. DOLLNEU, ' i. I'UTTEH, - J. ?AJERIE-? nm i Mra -.nftTTcrj & m Commission .'tiler chants Liberal ah advances em .cousljrutu'ent of Na viil Store.-, Cotton and 6tber Southern produce. ;8Cpt. 24; : ' ' - . , lj ?- - : -------- - - - - . -. " ,0. C. llATCU, L. O. &TE.fe, ' r. HATCH. Xew Yorlc WiI:nitigt6n,. (J?. 'New York. :)fViHATCli,-E- CO., r ' ' GENERAL Gomrnission Merchants, ' .NO. 133'FRONTSTREET, CORNER OF PINE NEW YORK. ' -v . . CCONSIGNMENTS OF COTTON A NAY AX stores sdlicited. Usual advances" made and all ordcrs proraptly exeeuted. ,' Aui:, 5th, WjI. ' ' tf L A. HART. - : . JNO. C. BAILEY IRON AND COPPER WORKS. : ' ; and t f ' . . 'f A iSO Man uf act u re r s of TURPENTINE WORK in all its STILLS, aud COPPER branches. Front street, , beow .iilarket Street, . Wilmington, S, C f- HART & BAILEY. : Pro A8.-T. PBTTEWAr. KOviSIi MOOK E GENERAL COMMISSION MERCHANTS, NORTH W ATER STREET, WILMING TON, N. C. SOLICIT , CONSIGNMENTS OF COTTON, NAVAL STORES AND COUNTRY PRO DUCE, i - ' '-). . i Being AGENTS for thej - Manufacturers are prepared to fill, on the most reasonable terms, ' order, for' , .. I"---. " i ' GEO. KIDD'S CELEBU ATEp -v r " COTTON GINS, ZELL'S RAWBONE' ; . .; -, SUPER PHOSPHATE, i BROWN'S COUNTER, ' PLATFORM and RAIL- ! K ' v ROAD SCALES. . i, Have constantly on hand, FERTILIZERS of all - descriptions. 1 j , ' HUg5 j 1 ' MANUFACTrREB.AND DEALER IN . STAVES, : SHINGLES, - ; -LAST I5-LOCJKS' &c. - i . -. - - v i -.- - ' . . . f - r . ! - - ' CAS1I PAID FOR WHITE OAK AND C Y press timber delivered at his Mill at wharf foot ot Castle street. ,' . Prompt attention given to orders. Wilmington, N. C, Augl 5, 1S67. !tf TERWI-LIilGER & -CO., j 1 MAUUFACTURKRS OF ' Improved Triple Flange JFlre andyJsirglar Proof SAFES "fri With Combination and Powder-proof Locke, it r.rj vli rmii warranted free from dampness. - Jewelers' arid Bankers' 1 Safes, - Made to Order and lined with Hardened Steel. 'Manufactory. 180 to 193 West Hous'too Street, Depot 100 Maiden -Lane, near Pearl Street, N. Y. l'Terwuiier;j.S; Terwilliger. lM . ;-.., ' l'v - 6m ' REVIEW. OF TOE CONSTITUTION. ADDRESS OF IT I 111 ill. hi 11 To tha'R-ople of 'North-CanAina : ', - The Convention whlcn met under the Recon etruction acts of Congress, to lorm a Constitu tion "repnplican in fonnV for the btate cf North Carolina, preparatory to its re-ad mraiseion into the Union, have finished their labors, find now present the Constitution to the people ot the State for their ratification. Tho undersigned have been appointed to prepare a brief statement of its most important provisions and of the principal changes which have been made in the former system of government. .y TIU3 BILL OF BIGHTS states clearly the general and essential prin ciple of , liberty ana good governmt," and secures them by all Mthe saiegnards vhich ex perienee can snegest. The great change introdu ced by this Bill of Rights Is, that ; it removes every argument on which the doctrine of the right oi secession has been advocated, and se cures forever the integrity of the Union ?nd the peace and .prosperity of the United States. To the Union-loving people of 'North-Carolina no defence need be made for the bold assertion of this great principle. I tithe Executive Department the changes apjiaar to be much greater than they really are. The tames ot some officers have been changed, and instead of being elected by the General Assenbly as heretofore, the choice of these high agents ot the people's will is given directly to the- people. This is in contormity with the ac knowledged principles of Republican govern ment. But two officers hav;e hetn created. - 1st. Lieutenant Governor, The necessity for this officer to supply the place of the Governor, in case of a vacancyin his office, was so apparent that it was provided for iu theproposed Con stitution of lbiio. Nosadditional expense is in curred,'as he will receive no pay, except while acting as Governor or presiding over the Senate. 2nd. A Superintendent ot Public Works. A proper care of the interests of the State in the. great and expensive public works in which it' is engaged render such an officer manifestly ne cessary. It isameasure of economy.. The State has lost hundreds of thousand of dollars hereto-, for for want of the watchful attention which this officer will give to the expenditure ofthe public money on iuternal improvements. . , -; ' ; Under the heads of the Legislative Depart MENT and SUFFBA.GE AND ELIGIBILITY TO OFFJCE, the changes which will challenge attention is the giving the right to vote and hold office to all. the male inhabitants of the State, without re gard to race, color or previous condition. This change was inevitable- Without it there can be no return t the Union, -no escape from the hopeless ruin which is inseparable from a cou- i tinuance in our present unnatural condition. But apart from this convincing reason, reflect? ! ing men must see that a pjudent regard for the welfare of both races and for the peace and nar t mony of society required the -extension of . the I great privilege of voting to the colored people, and just men must admit that all who are expecr I ted to bear their 6hare of the manifold-burdens j of the erovernment at all times, and to expose - their liv6s for its defence in war, should be al lowed a full participation in its direction. To refuse this right to any class of the people i would be to continue c.laery in a niodiGed form, i a course; too abhorrent to the spirit of the age to i i be: permitted. s . j j .While giviiig suffrage to the colored people, 'the Convention has not been so inconsistent! with itself, and with the great principles ol Re publican government, as to deny it to any por tion of the whites. It is au undeniable monu- inentto the wisdom,, and gequity, and magnau- j imity, of the Union people oi North Carolina;! that in three years, after the close of a bloody j and devastating civil war, in which wrongs and '! I outrages were endured that can never be forgot- ! ; ten, they.have framed a Constitution, in which i ' not a trace of animosity or vindictiveness can be i found; in '"Which the wrong of the past arc ig- ! ; nored for the sake of the peaca of the future, and J ; all who are now truto their country, are invi- j tea to participate in its government. Such witse ! 1 forbearance is certain ol its reward in the- ai ! proval of reflecting men now, and of all posterity This may be the proper place to speak of a j charge, -which has been freely made against this i -Constitution,. by those who nave never seen it, I and have determined to defeat it, be it what I it wav. The charge is, that itfayors the isoeial '. equality of the races. It is untrue, nothing can ! be lound m the constitution looking. in that; i direction. 'W ith the social . intercourse ot lite, i government has" nothing to do ; it must be left to the taste and choice of each individual. ! Some person has been so bold or so ignorant j as to allege, that white and1 colored peo i pie are required to'be enrolled in the tame mil-: j tia company, and white and colored children to ! attend the same schools, and that intermarriages between the races are encouraged. All these as sertions are ifalse, as any reader of the constitu tion will see. AH these matters are left now. a they j fcere by the proposed Constitutioyi of 1865 to be regu I fated by the representatives of the people in tht General ! Assembly. Any one who denies the propriety of f thus leaving them both impeaches the wisdom of j our ancestors and distrusts the people of the lu-. ! ture. ' - I ,''." ' ' ' The attempt to excite a false prejudice on : these subjects, is made for partizan purposes it can only tend to excite ill-will between races that are destined to live on the same soil, and ought to live together in peace, and it should be irowned down by every lover of the peace and prosperity of the country. ' 1 . JUDICIAL DEPARTMENT. 1 Experience will soon demonstrate that the charges made in this branch of the government taken altogether, are of great value. Some may doubt the propriety of electing judges by the people. If the people select wisely, no harm can .possibly, result. The abolishment of the County Courts, rendered necessary a small in crease in the number' of judges of the Superior Courts; and it may be charged that thereby the- u6w system will be more expensive than the old. We have considered this well, and wc confidently assure the people of North Carolina, that if the General Assembly shall carry out in good faith fhfl i ilp.anf the Convention, thev will save hun dreds of thousands of dollars every year, by the increased despatch, cheapness and certainty of t he administration of justice. We confidently invite the approval of the people to this part of the constitution, it will stand the test of experience, and be more valued with every year ot its cxis tence, - - County Government.. The Republican principle of local self-governments which has been so fertile a source of good effects in the North-Eastera and North-Western States,; has been applied to the administration ot the local affairs of counties and town-ships. These County Legislatures, composed of five Commissioners of each counry; will be schools, where the lessons 61 statesmanship will be-learn-ed. which . may be afterwards displayed in the government of the State. By these various bod i ies, almost very man is brought directly to par- ticipate in public aflaire. It may seem a little j awkward at first, but it has approved itself elsc ! where, and will do so here. ' Education. The Constitution framed by our aucestors in . ' 1776 ; recognized the value of education. It pro- f vided lor a Universitv. This Constitution pro ! vides for a University and for five public schools for-all the children of the State. All may see the difference between the success in life of the edu i ! cated and the -uneducated man, yet as often as i not, the uneducated man has been gifted with the ' trreater degree of inteUectual power ; the cause . . ... . . AW.4t 4. ty. Mnf tAn ' Invrfkl- ! Of hlS 111 SUCCeSS la iu. ii. uao uvi uvu w.v-- 1 oped. We propose to "level upwards," to give I to thechUL as far as the State can, an opportu- nity to deveiopeto inc .icuieavc-itcui, -tellectual gifts.. So noble art effort needs no vin dication. . ' ; ;' ' . 1 , IMPRISONMENT TOR DEBT. is abolished except in case of fraud. A liberal homestead is reserved to the unfor- tnnate debtor. . t, ! J' , : . Thc barbarous IXinishmcnts of whipping, branding, And cropping, will be hereafter un known Crime is as otten the result of an igno- H ranee of the means of getting au honest nving, a of acrirainal dlspogition. Hwetner a jtfeen- MEW unimi flilUf ary wift be? at once, a place for the repression of crime, land a school lor teaching the useful arts to those who aro more unfortunate than erimi naL -. . :L - . - - People. of North Carolina ! such, is the Consti tution which we invite ybu to adopt. Read it carefully, consider it calmly ; upon you and yours will the consequences ol your decision fall. You may nbt approve every part ol it. f We cannot assert that it is perfect in every parti You must allow somewhat lor the differences-of opinion lu-. evit&ble among thinking menand each man must yield something of his own 'views Tor the 6aki of harmony. If you approve the general scope land object of tile Constitution, vote to ratily it. Do not be misled by the unfounded denunciation of men heated by passion and reck less ol consequences. If you adopt it, the gat'js of thei pnron will be opened for our entrance, wc will once again enjoy the inestimable blessings of Constituiioual Liberty, and may hope for a continuance of peace and for a return of our for mer prosperity. With a climate and soil unsur passed; with a people highly giftedby nature with intelect and virtue, the State of Norfc-Car. olina ought to be a great, rich and happy State. Lj8 iug ' aside all mutual crimination and all p rejudice, and leaving the past to bear its proper burden ol sorrows and guilt, let us all nste to make her what she ought-to be.. You have but to wili done it ' aud by the blessing of God, it, will be WILL. B. RODMAN, GEO. W. GAHAGAxv. OFFICIAL. KJ.KJXTi O X X X J Jl OF lORTU CAROLINA. ! PREAMBLE. ! We the people of the State of North Carolina grateful to Almighty God, the Sovereign Ruler ot Nations, for the preservation of the American Unioui and the existence of our civil, political and religions liberties, and acknowledging our dependence upon Him, lor the continuance of those bles:?ingsl to us and our posterityj do, for the1 more' certain security thereof, and for the better Igovernment of this State, ordain and es-, tabJish this Constitution. ARTICLE I. DECLARATION OF RIG-ITS. That; the great, general and essential principles of liberty and free government, may be recog nized and established, and that the relations of this State to the Union, and government of -the United States, and those of the people of this State to the rest of the American people, may be defined aud affirmed, we do declare : Section 1. That we hold it to be. self evident that ailj men are created equal ; That they are en dowed, by their Creator wah certain unalienable rights ;! that among these are life, liberty, the en joyment ot.the fruit of their own labor, aud the pursuit of happiness. ... iSec. That all political power is vested in, and derived from the people ; ail government of right originates from the people, is founded upon their wilt'only, and is' instituted solely for the good of the! whole. Sec. 3. That the- people of this State have the inherent, sole, and exclusive right pf regulating the. internal government and police thereof, and of attering and abolishing their Constitution and form 61' government, wheuever it may be neces sary to I their suiety aud happiness; but every such right should be exercised in pursuance of law, un;d consistently with' the Constitution of the United Statts." Sec. 4. That this State thall ever remain a mem ber of the American Union, that the people there of are Part of thi American nation ; that there is no right on the part of this State to secede, andT that au attempts Iroui. whatever source or upon whatever pretext, to dissolve said Union, or to sever suid nation, ought to be resisted with the whole power o. ihe State., Sec. 5. That every citizen bf this State owes paramount allegiuifee- to nhe- Constitution and Government of. the United States, and that no law orj ordinance of the 'State in. contravention or subversion thereof, can have any binding force. ! .! Sec. 6. To maintain the honor and good faith of the State untarnished, the public debt, regu larly contracted before and since the rebellion, shall be regarded as inviolable and never be ques tioue'l; but the S. ate shell never assume or pay, or authorize the colection of, any debt or obli gatiohi express or implied, incurred in aid of in surrection or rebellion agnnstthe United States, or any claim loathe loss or emancipation of any slave. .-'. . Sec. -7. No man or set of men are (mtitled to ! exeluiive or separate emoluments or privileges ! from the community but ia consideration pf pub- J lie services. ' 1 Sec. 8. The Legislative, Executive, and Su- j preme judicial powers ol the government ought to be fdrever separate and distinct from each other, i ' Sec. 9 All power of suspending laws, or the execution o' laws, by anyautnority, without the consent ol the represeutatlves ot the people, is injurious' to tLjbir rights, and ought not to be ex ercised.! r Sec. 10. All elections ought to be free. Sec. 11. In jill crimiuai, proscuiious, every man has the riht to be iufoi med of the accusa tion against him and to confront the accusers and witnesses with other testimony, and to have counsel for his defence, and not be compelled to give evidence against himself, or to pay costs, , Jail feesj or necessary witness fees ol the defence, unless found guilty. " i Seq(7,r2.' No person shall be put to answer any criminaik'harge, except, as hereinafter allowed, but by indictment, presentment, or impeach ment, j 1 Sec. 1$. No person shall be convicted of any crime bit by the unanimous verdict of a jury of good anil lawlul men in open court. The' Legis lature n?ay, however, provide other means of trial, loir petty misdemeanors, with tb&-right of appeal. Sec. 14. Excessive bail should not be required, nor cx6esive tines imposed, nor cruel or uuustial punishments inflicted.- , Sec15. General warrants, whereby any officer or messenger may be commanded to search sus pected places, without evidence Qf the act com mitted, or to seize any person or persons not named, whose offence is not particularly de scribed and suppoited by evidence, are danger--ous tp libertv and ought not to be granted. See. 16. TbUre shall be no imprisonment for debt in this State, except in cases of lraud. Sec. 17. No person" ought to be taken, impris oned or disseized of his freehold, liberties or privileges, or outlawed, or exiled, or in anyA man ner deprived of his life, liberty, or property, but, bv the law of the land. .-.-. Sec. 18. Every person restrained, of his liberty, is entitled to a remedy to inquire into the law fulness thereof, and to remove the same, ifun lawful, and such remedy ought not to be denied or delayed. i Sec. 19, In all controversies at law respecting propertv, the ancient mode of trial bv jury is one of the best securities of the rights of the people, and ought to remain sacred and inviolable. , Sec. 50. The lreedom of the press is one of the great bulwarks of liberty, and therefore ought never to be restrained, but every individual shall be held responsible for the abuse or thesame. "Sec. 21. The privilege of the writ of habeas cor pus shall not be suspended. . , ' , See23. As political rights and privileges are not dependent upon, or modified by property, therefore no property qualification ought to el lect the right to vote or hold office. f Sec. 23. The people of this State ought not to be tax'd, or made subject to the payment of any impos'. or duty, without the consent 'of them selves, or their representatives in General As sembly, freely given. . Sec 24. A well regulated militia being neces sary to the security of a free State, the right of the people to keep and bear arms shall not be in fringed; and, as standing armies, in time of peace, are dangerous to liberty, they ought not to be kept up, and the military should be kept under strict subordination to, and -.governed by, the civil power. . ' ' i ' - Sec 25: Tie people have a right to assemble together to eonsnlf for their common good, tQ instruct their representatives, and to apply to the Legislature for je dress of grievances. ! See. 26. All men hava a natural and unalien able nght to worship Almighty God according to thedictates of their own consciences, and no human authority 6houId in any case whatever, control or interfere with the rights of conscience. 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. Se. 28. For redress of grievances and for amending and strengthening tho laws, elections should be often held. Sec. 29. Afrequent recurresce to fundamental principles, is absolutely necessary to preserve the blessings of liberty. .ec. 30. No hereditary emoluments, privileges, or honors, ought to be granted or conferred in this State. : i Sec. 31. Perpetuities and monopolies are con trary to, the genius of a free State, and ou;ht not to be allowed. . . . Sec. 32. Retrospective laws, .punishing acts committed before the existence of such laws, and by them orJy declared criminal, are oppressive, unjust and incompatible with liberty, wherefore, no ex post facto law ought to be made. ' No law taxing retrospectively, sales, purchases, or other acts previously doneougbt to be passed. Sec. Z Slavery ant1 involuntary servitude, otherwise than for . crime whereof the part'es shall have been duly convicted shall bey and are bereby forever prohibited within this State. Sec. 34. The li its and boundaries ol the State shall be and remain as they now are. Sec. 35. All courts shall be ;opcu, and e.ery person lor an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and rijxhtand jastice administered without sale, denial, or relay. - Sec. 3C. No soldier shall, in time of peace be quartered in any house without the consent of the owner ; nor in time of war, but in a manner prescribed by law. i "Sec. 37., ..This enumeration of rights shall not be construed to impair or. deny others, retained by the people; and all powers, not herein dele gated, remain with the people. ARTICLE II. ' LEGISLATIVE DEPARTMENT. Section 1. The Legislative authority shall be vested in two distinct branches, both dependent on the people to-wit ; a Senate hud House'of Rep resentatives. Sec 2. The Senate and House of Representa tives shall meet annually on the third Monday in November and when' assembled, shall be denom inated the General Assembly. Neither House shall proceed upon public business, unless a ma jority of all the members are actually present. Sec. 3. The Senate shall be composed of fifty Senators biennially chosen by baliot. .-." Sec. 4. Until the first session' of the General Assembly which shall be had after the year 1871, the Senate shall be composed of members elect ed from Districts constituted as follows: First District Perquimans, Chowan, Pasquo tank, Currituck, Ggtes and Camden, shall elect two Senators. 8eeond District Martin, Washington and Tyr rell shall elect one Senator. Third District Beaufort and Hyde shall elect, one Senator. Fourth District Noithamptou shall elect ope Senator. Fifth District Bertie auS Hertford shall elect one Senator. ' Sixth District Halifax shall elect one senator. Seventh District 5dgecom:c shall elect one senator;, r-. Eighth District Pitt shall eleet oue senator. Ninth District Nah and Wilsou shall elect one senator. Tenth Districts-Craven and Carteret shall elect two senators, i Eleveuth District Jone aud Lenoir tihall civet one senator. Twelfth District Duplin and TOnJow shall elect one senator. Thirteenth District Brunswick and New Han over hall elect two senators. Fourteenth' District Biad.eu ' and Columbus shall elect one Senator. Fitteenth District Robeson shall elect one senator. Mxleenth' District Cumberland, Harnett and S-iupson trhall elect two senators. Seventeenth District Johnston shall elect one senator. s Eighteenth District Greene and Wayne shall elect one senator. , . - Nineteenth District Franklin and Wake shall elect two senators. Twentieth District Warren shall elect one: senator. Twenty-first District--Grauville and Person i shail elect two senators. ; Twenty-second District Orange shall elect one , senator. Twenty-third District Chatham shall elect oue senator. ... Twenty-fourth (District Caswell shall elect one' senator. i Tweiits-fiUh District Rockingham bhall elect1 one seuator. Twenty sixth District Alamance and Guilford: shall elect two senators-, Twenty-seventn District Randolph and Mont gomery shall elect oue senator. ."' '' Twenty-eighth District Moore and Richmond; shall eieetone senator. Twenty-ninth District Anson and Union shall, elect one senator. j Thirtieth District Mecklenburg shall' elect one seuator. Thirty-first District Cabarrus and Stanley shall; elect oue senator. Thirty-second District Davie and Rowan shall elect one senator. : . Thirty-third District Davidson shall elect one! senator. Thiity-fourth District Farsythe and Stokes shall elect one senator. Thirty-fitth District Surry and Yadkin shall elect one senator. . : Thirty-sixth District Alexander and Iredell! shall eleet one senator. -( Thirev-seventh District Catawba, Gaston and! Lincoln shall elect one senator. Thirty-eighth District Cleaveland, Polk and; Rutherford shall elect .one senator. Thirty-ninth District Alleghany, , Ashe aud i Wilkes shail elect one senator. - Fortieth District Buncombe, Henderson and j Transylvania shall elect oue senator. jFoity-flrst District Burke, Caldwell and Wa- j tauga snail elect one senator. j Forty-second District Madison, Mitchell, Mc- j Dowell and Yancy shalf elect one senator. Forty-third District Clay, Cherokee, Hay-; wood, Jackson and Macon shall elect one sen-! ator. Sec. 5. An enumeration of the inhabitants o j the State shall be taken under the direction of j the General Assembly in the year one thousand ! eight hundred and seventy-five, aud at the end of : every ten years thereafter ; and the said Senate! Districts, shall be so altered, by the General As semblv. at the first session after the return of every enumeiation taken as aforesaid, or by order of Congress, that each Senate District shall con tain, as. nearly as may be, an equal number of in habitants, excluding- aliens aud Indians nt taxed, and shall rcmasn unaltered untii the return of; another enumeration, and shall at ail times con- sist of contiguous territory ; and no. county shall; be divided in the formation of a Senate District,! unless such county shail be equitable entitled tq two or more senators. Sec. 6. House ol Representatives shall be com posed of one hundred and t wenty Representatives, biennially chosen by ballot, to be elected by the counties respectively, according to their popula tion, and each county shall have at least oue Rep resentative in the house of Representatives, alt though it may not contain the requisite ratio of representation ;thi apportionment 6hall be made hv the General Assembly at the respective timei aud periods when the Districts for the Senate are. hereinbefore directed to be laid oft". j Sec. 7. In making the apportionment in the House of Representatives, the ratio of represen tation shall be ascertained by dividing the amount ot the population of the t State, exclusive of that comprehended within those counties which dp not severally contain the one hundred and tweri tit a part of the population of the State by the number of Representatives, let the number as signed to such counties ; and is ascertaining the number of the population of tho State, aliens and Indians not taxed, shall not be included. '. Tp each county containing the said ratio and not twice the said ratio, there ihall be assigned one representative: to each county containing twice hat not three times the a&id ratio, there, skill be assigned two representatives and 60 on progres4 sivcly, and then the .remaining representative' shall be assigned severally to the counties hav-i ing the largest fractioos. . Sec? 8. ! Until the General assemblv shall have T ' fl A K A AnnA(4l J 1 . . , 1 u.au. iuc appuiuuuiyem us nereinDe, lore provi posed of members elected from the counties" in. the following manner, to wit: r ! The county of Wake shall elect four -members: the counties of Craven. Granville, Halifax and New Hanover 6hall elect .three members each ; the counties of Caswell, Chatham, Cumberland; Davidson, Duplin, Edgecombe, Fianklln, Guil lord, Iredell, Johnston, Mecklenburg, Nortnamp ton, Orange,, Pitt, Randolph. 'Robeson, .Rocking ham, Rowan, Warreu and Way e shall elect two members each; the counties of Alamance," Alex ander, Alieshany, Anson, Ashe, Beauiort, 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. Purauimana. Person. Polk and.! ancy ftuan titfi oue meinoer eacu. iSec. p. . Each member , of the Senate shall be nbt less than twentv-five years of age, 6hall have resided ia the State as a citizenrvtwcr years, "and shall have usually resided in the - District for which he is rhosen, one year immediately prece ding his election '. 1 :- Sec. 10. Each member of the House of Rep resentatives shall be qualified elector of the State, and shall have rcsidt d in the county for which he is chosen lor one year immediately preceding his election. . , Sec. 11. ' In the election ol all officers whose appointment shall be conferred upon the General Assembly by the Constitution, the vote shall be viva voce. . ; Sec. 12. The General assembly shall have pow er to pass general laws regaiating divorce and "alimony, but 6lfan not have; power to grant a di vorce or sccurealimony in any individual case. Sec. 13. The General ! Assembly shall not have power to pass any private law to alter the name ot any person, or to legitimate any person not born in lawful wedlock or to restore to, the rights of citizenship any person convicted ot an infamous crime, but 6hall have power to pass gen era laws regulating the same. Sec. 14. The General Assembly shall not pais any private law, unless it 6hall be made to appear, that thirty days notice of application to pass such law shall have been given, under such direc tion, and in such manner as shall be provided by law. t-.-- Sec 15. If vacancies shall occur in the Gene ral Assembly by death, resignation or otherwise, writs of election shall be issued by the. Govenor under such regulations as inay be prescribed!. by law. i !.''.; .1 Sec. 1 6. No law 6hall be passed to raise money on the credit of the State, or to pledge the faith of the State directly or indirectly for the pay ment of any debt, or to impose any tax upon the people of the State, or to allow the counties, cit ies or towns to do so, unless the bill for the pur pose shall have been read three several times in each House of the General Assembly and passed three several readings, which readings shall have been on three different days, and agreed to by each House respectively, and unless the yeas and nays on theseeond and third readings of the bill shall have been entered on the Journal. Sec. L7. The General Assembly 6haty regulats en' ails in such manner as to prevent perpetuties. See. 18. Each house shall keep a journal ot ite proceedings, which shall be printed and made public immediately after the adjournment of the General Assembly. See. 19. Any member of either house may dis sent from, and protest against, any act or resolve, which he may think injurious to the publie or any individual, and have the reasons of his dissent entered upon the Journal. ; ; : . Sec. 20. The House of Representatives shall choose their own Speaker' and other officers. Sec. 21. The Lieutenant-Governor shall pre side in the Senate, but shall have no vote, unless it may be equallj divided, j: ' The Senate shall choose its other offi cers, aud also a speaker, (pro tempore,) in the ab sence of the Lieutenant-Governor, ot when he shall exercise the office of Governor. Sec. !&. Thestxle ol the acts email be "The General Assembly of North Carolina do enact "i Sec. 24. Each house shall! be judge of he qual ifications and elections of its own members, shall sit upon its own adjournment from day to day, prepare bills to be passed into laws, and the two houses may also jointly adjourn to any future day, or other place. . i , Sec. 25. All bills and resolutions of a legisla tive nature shall be read three times in esch house before they pass into laws and shall be signed by the presiding officers of both houses. Sec. 26.. Each member of the General Assem bly, before taking his seat, shall take an oath or affirmation that he will support the constitution aud saws of the United StatC3, and tne constitu tion of the State ot North-Carolina aud will faith fully discharge his duty as a member of the sen ate or house of representatives. Sec. 27. The terms of office for Senators and numbers of the House ofr Representatives shall commence at the time of their election ; and the term of office of those elected at the first election held under this constitution, shall terminate at the same time as if they had j been elected at the first ensuing regular election). Sec. 28. Upon motion made and seconded in cither House, by one-fifth of the members pres ent, the yeas aud nays upon: any question shall ; be taken and entered upon the journals. Sec. 2'J. The election lor members of the Gen i ii . i , . - eral Assembly snail be held for the respective dis tricts, and counties, at the places where they are now held, or may be dir cted hereafter to b.e held! in such manner as may be prescribed by law, on the first Thursday in August, in the year ome thousand reighfe hundred and seventy, and every two years thereafter. But the General Assembly may change the time of holding the elections The first election shall be held when the vote shall be taken on the ratification of this consti tution by the voters of the State, and the General Assembly then elect ed, shall meet on the fifteenth day after the approval thereot by the Congress of the United States, if it fafLnot on Sunday, but if it shall so fall, than on the next day thereafter, and the members then elected shall hold their Seats until their successors are elected at a regu lar election- ; ARTICLE III EXECUTIVE DEPABTMEST. Section 1. The Executive Department shall consist of a Governor (in swhom shall be vested the Supreme executive power of the StateXa Lieutenant Governor,! a Secretary of State, an Auditor, a Treasurer, a Superintendent of Public Works, a Superintendent of Public instruction and an Attorney Genera?, I who shall be telected for a term of four years, by the qualified electors 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 6hall commence on the first day of January next, after their election, and continue until their successors are elected, and qualified: provided, that the officers first elected shall assume the duties of their office tea day 8 after! the approval of this Constitution by the Congress oi the United Stales, aa dshallhold their offices four years from and after the first day of January 1889. f Sec, 2. No pel 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 ot the United States five years, and shall have been a resident oi this 8tate for two years next before the election:! nor shall the person elected to either of these two office be eligible to ' .u... ..-k ninM tfi, f-in ' raart In finv n m lUVoaUiC VUlbt U4Uli iuau -iru. j,aia .u iviiu of eight years, unles the office shall have been cast upon him as Lieutenant Governor or Prcsd entpfthe Senate. 1 Sec 3. The return bf every electiQn for officers of the Executive: Department shall be sealed up and transmitted to the seat ol Government by the returning officers, directed to the 8pcaker of the House of Representatives, who shall open and publish the same in the presence of a majority of the members of both Houses of the General Ass einbly . The persons having the highest number ot votes respectiyely, 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 ballot of both. Houses of the General AsiemMj, Contested elections ei-Jl b Richmond, Rutherford, Sampsou, Stanley Stokes, Snrry, Transylvania, Tyrrell, Union,. Washington,' uaiauga, vviiKes, Wilson. Tadkin and: i determined by a joint vote obotb Houses of the General Assembly, In such manner as ; shall bo prescribed by law. . 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 Assm bly, or before any Justice of the Supreme Court, take an oath or affirmation, that he will support the constitution and laws of the United States and of the State of North-Carolina, and that he will fa-thfoJJy perform the duties appertaining ; to the office of Governor to which ha has been elected.' - . v ' j 8ec 5. Thr Governor shall reside at the seat of government of this State, end he shall, from time to time, give the General Assembly information of the affairs of the State, and recommend to their consideration .such . measures as he shall , deem expedient Sec 6. The Governor shall hate . power to grant reprieves, commutations and pardons, after conviction, for all offences, (except in cases of impeachment,) upon such conditions aa he may think proper, subject to suchfregulations as may be provided by law relative to the manner of ap plying for pardons. He shall anually communi cate tothe General Assembly' each case of re prieve, commutation or pardon granted; stating the name of each convict, the crime for which he was convicted, the sentence and its date, the date of commutation, pardon, or re prieve, and the reasons therefor. ' I Sec 7. Ihe officers of the Executive Depart ment and of the Public Institutions of the State, shall at least five days previous 'to ft eh regular session of the General Assembly . severally report to the Governor, who shall trasmit such reports, with his message, to the General Assembly; and the Governor may, at liny time, require informa tion in writing from the officers in the Eecutive Department upon any Bubject relating to the du ties of their respective ffices, and shall take care i that tne laws be faithfully executed, , j- Sec 8. The Governor Bhall be commander-in- chief of the militia ot the State, except when they shall be called into the service of the "United States. ' Sec 9. The Governor shall havepower, otwex traordinary occasions, by and with the advice ot the Council of St-de, to convene the General As sembly, in extra session by his proclamation, stating therein the purpose or purposes for which they are thus convened. 8ec. 10. The Governor shall nominate, and by ; and with the advice and consent of a majority of the Senators elect, appoint all officers whose off!-, ces are established by thi cohtitution, or which shall be created by law, and whose appointments are not otherwise pre vided for, and no such offi- cer shall be appointed or elected by the General Assembly: ISec. 11. The Lieutenant Governor shall be President oi 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 6hall for the . same period, be allowed to the speaker of the House of Representatives, and he shall receive no other compensation except wien he is acting as Governor. ' ' ; - Sec. 12. In case ot the impeachment of the Governor, his failure to qualify, his absence from the State, his inability to discharge the duties of his office, or in ca6e the office di Governor shall in anywise become vacant,! the powers, duties and emoluments of the office shall devolve upon the, Lieutenant Governor until the disabilities shall cease, or a new Governor shall be elected , and qualitied. In every case in which, the Lieu tenent Governor shall be anable to preside over the Senate, the Senators 6hall elect one of their own number President of their body ; and the Sowers, duties, and emoluments of the office of overnor shall devolve upon him whenever the. Lieutenant Governor shall, tor any reason, be prevented from discharging the "duties of. such office as above provided, and he shall continnc as acting Governor until the disabilities be re moved or a new Governor or Lieutenant Gover nor shall be elected 'and qualified. Whenever, during the recess cf the General Assembly, it shall become, necessary for a President of the Senate to administer the Government, the Secre tary of State shall convene the Senate, that they may elect such President. . Secf 13. The respective duties oi the secretary of Ststte, Auditor, Treasurer, Superintendent of Public Works, Superintendent of Public Instruc tion, and Attorney General shall be prescribed by law. If thr office of any of said officers shall be vacated by death; resignation, or otherwise,, it shall be the duty oi the Governor to appoiut an other until the disability be removed or his sue-. cessor be elected'and qualiflidf Every sueh va cancy shall be hlwd by election, at the fl rst gen eral election that occurs more than thirty oajs after the vacancy has takeu place and the person chosen, shall hold the office for the remainder of the unexpired term fixed in the nrst section .ot this Article. " t . ' Sec. 14. . The Secretaryi of State, Auditor, Treasurer, Superintendent of Public Works, aud Superintendent of Public Instruction shall Con stitnte ex officio the Council of State, who shall advise the Governor in th execution of bis office, and three of whom shall ' constitute a quorum ; their advice and proceedings in this capacity shall be entered iua Journalto be kept for this purpose exclusively, and signe-1 by the members present, from any part, oi w men any memuer may enter his dissent ; and 6uch Journal shall be placed before the General Assembly when called for by either House. The Attorney General shall be ex officio : the legaLidvlsef of the Executive Department. ' . Sec. 15. The officers mentioned in this "Article. " shall, at stated period8,"Tceeive for their services a compensation to be established by law, which shall neither be increased nor diminished during the time for whici they shall have been elected; and the said officers shall receive no other emolu ment or allowance whatever. Sec. 16. There shall be a seal of the State, which shall be kept by the Governor, andj used by him as occasion may require, and shall be called "the Great Seal of. the State of North Carolina." All grants and commissions shall be issued in the name and by the authority of the ' State of North Carolina, sealed with " theJreat Seal of the State," signed by the Governor and countersigned by the Secretary or state. Sec. 17. There shall be established in the office of the Secretary of.&tate, a Bureau of Statistics, Agriculture and Immigration, under 6uch regula tions as the General Assembly may provide. 'i'Gondudedin&urnexj FOR THE XIAJJR, Improved! It is an elegant Dressing for IJhe Hair. It causes the Hair to Curl beautifully. It keeps the Scalp Clean and jHealthy. It invigorates the Roots of the Half. . It forces the Hair and Beard to growluxnriantly. It immediately 6tops, Hair Falling Out - It keeps the flair from Changing Color from Age . It restores Grey Hair to its Original Color.' . It hriegs out Hair on heads that have been bald '.'' for years; It is composed entirely of simple and purely vegetable substances. , 1 , It has received over six thousand voluntary tea- - .1 ' - - ' ' Umonials of Its excellence, many of which are from physicians of liigh standing.' It is sold in half-pound bottles (the name blown in the glasa by Druggists and Dealers in Fancy Goods everywhere at One Dollar per Bot tle. Wholesale by Demas Barnes Sj Co ; F. C. f Wells & Co. ; SculeffeUn & Co., Ne York. prfHtVe - lo74&w;ty REEVES AMBROSIA '7 :: V'f f I 1 f, t i . ' Si- ! . - ; j .- "5" . . J - . . ;
The Wilmington Post (Wilmington, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
April 9, 1868, edition 1
1
Click "Submit" to request a review of this page. NCDHC staff will check .
0 / 75