Newspapers / The Wilmington Post (Wilmington, … / April 10, 1868, edition 1 / Page 1
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.1 m 1 . a m it .m m . i . j .1 -a . t v - - v w s j . ,- ? a. ; m m 9 t j m w n -t ai a . . a- - ., at ai .a ae am .. a m mm a w ai a. - - ai aaa m 1 : .3-j;;.v dJlJ-: X i lt) A WL 1 H V bV .to 1. n A t;' ; U -X . r-i v 1 1 i il LI VOL. 1. N- pw, FRIDAY MORNING, AERIL 10, 1868. NO. 142 ! . - - - - - --r w , : . . . ' , ' ; TV" " 1 v : - 1 ' . ' V:" :1; (Hi T3UM3 OF SU13SCliU.XIOSmVAIiIAEiJr4N ADVANC3 Per Montn .................. .., . . , . .to cents. . For tlie Political Campaign ! ..50 cents. AYertiseuiCnts will be Inserted at $1 00 per square for- ilrslLinocrtiou and ,50 cents for cadi subsequent iasei'tion. ; t; c j. ' f; , ; Ten lines joricsD, solid minion tyf)econstltu' square. . , ' ;'- " ' ' v THE WiMHSGTOXWEMLY-I'Op ?IS PUBLI3HED EVEKY MONDAY. SUESCBIPTIOa ' ' 0 One year. ' - ' M I Advert iseKicnts 1 per suaxe. - f DAHIEL A. siiTii3 Manufactufer and Deader in all kinds of Parlor,'-Siiiiing Hqosva, Claaiiiber autl Ofttce rui-niluite, Mattra&ses, Vtiathers, Window ShaUeV'-' Wall Paper, &c. also Sa9li7 THi!a$3 and Ipors. ; . j SOUTH FltONT ST'' WILMINGTON. N. . C . oct"2J Try Ami j, -a i s And d e a. ii'nr, is jSIHP STORES,: GROCEUIKS, U ARD- ifarn, l'a&ts, Ous, IfOuts. Oars, &c. No Waicr, :. and 2,- 4 & 6'- Dock Street, -.1 . oct WILMINGTON, N. C GEOt E. FRENCH, .1- No. 10, hmth '.-Front Street, WJl IN Wooi Willow,. siaosi rzr- Cotton N a v a l" to r o , B o 1 1 g !i t or ivek! ,0!! tJOJiSJiJllIJieUI, octO tf. U. DOLLNEii, 'V. l'OTTEIl, J. CAMEKD1SN ::;,aOLLMe3F9TTSl. - oinnusf-iioii WtJficr chants. ii-w York. Liiberai ca? O!'. eopstjr'nmels of Na olher si'outliern ''produce. . no! Sfnw: '.-J A O. C. IlXTOif TES. M. F. HATCH. Wnmingtoii,i. tu. New York . : GENERAL . : ' Commission ercliantsi NCX 132 FllO NT -5?! K F.FF, C ) UNEH OF PINE YOIt CONSIGN MENT3 OF COTTON c -NAVAL made aui ' ' tf VVstores soliiteil. Usual -advances all brdera promptly exee.ti-d. Aug: 5.U, 180 r. . L.A. HART. i - - i : ; - JNO.- C. BAILEY IRON AND WORKS, -AND- . - -,l':M. A LSO Ma n uf a CNi r or s, of, TURPENTINE ,. 1. STILLS, branches. and COPPER WORK m all its Front Street, below Market Street, Wilminstoh, S. V. HART Proprielprs. AS. T.PBTTBW: it t ;:' uoaari jiooke PUTT E WAY & MOORE' l- - GENER A.L COMMISSION ;MEROIIANT S, "iNORTlir iy'lt'E? STREETr-' COLIC IT CONSIGNMENTS OP COTTON, O NAVAL DUCE. .-STOKES AND CUU NIK X fllU- ! 7VL!n(r AfiTCNTSi for the Mauufacturers are prepared to .fill, on the most reasonable tcrmsj orders for . " -. , , , ' ':, . f GEO. KIDD S CELEBRATED - r . COTTON GINS, RAWBQNE-':1- ' : '.-' SUpKit-pilOSPllATE, ZELL'S ' BHQ VN!S CO UNTE u, PLATFORM and RAIL ROAD SCAIiES. Ifovftr.nrit.antlv'iiL Laud FER ULlUb ol ail descriptions. iug 5 , m An xir a ct v Aer 'And'- djear, in STAVES nm paid .for WniTE OAK AND CY- .Vjnres timbef delivcrexl .at hiS' Miil at. wharf loot t Castle street. '; i Prompt attention givcri to orders, v Wilmington, :N. OAm.ji tf a. i '.. . . : JlAHUFAtlS'UKBS i ov Hipyve d ; Triple i Flange ' ami Hurglar -'Proof Tire if '1 Combination and," powder-proof .Locks, ;-M With- K' r'i -'i warranted free ;fiom '.dampties. rj Jewelers' aisdMSaiilcers5 " Safes, in :Madeto Order and lined with Hardened Steel. ' Manufactory, l&.'fi 102..Wpbt ncuitonvBtrcc, Depot, WO Maitleu Laae, near Pearl Streetf;N.,X. WiTerwilliger Lockwood,VII. Tcrwilliger.' t 7- I 1E G0NS1MTUTI0N CA110LIN i ti. n A DTTPT 1? TV J i i i; -. i . JUPICIAI. DEPAliTiUESIT. . Section 1. The distinction "Between actions at law; and Suits in equity, and the forms of ail such actibns and suits ihall be abolished, and there shall be in this State but 6e form of action, for the enforcement or ; protection ot private rights or the redress of private wrongs which shall be denominated a "ciYil action ; and every action prosecuted by the people of the State as aparty, against a person charged with a1 public Jptfence, lor the punishment of the same, shall be. termed a criminal .action. . Feigned issues shall also be abolished and the fact at issue be tiied by order of court before a jsLry.y , Sec. 2. Three, Commissioners shall be appoint ed by this convention ,to report to the Oeneral Assembly at its first session after this Const it u tiou shall be adopted by the peoxile, , rules, o.f practice and procedure ; in 'accordance with the provisions of the foregoing section, and the con vention shall provide, for -.the. Conimissiom rs. a reasonable compensation. . !1 i ' Sec. 8. The smne commissioners slilll lalso tc port. to the General Assembly as soon as practi cable, a cade ' of law of North Carolina. The Governor shall have power to till the vacancies occurring in this Commission. 1 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 andSpeciaI Courts, i . Sec. 5. The Court for the trial of impeachments shall be;tbe Senate; it majority of the members shall be;uece?sary to a quorum, andthe. judgment shall not extend beyond removal from, and dis qualilkatlon to hold office in this Stata ; but the party shall be liable to indictment and punish ment according to law. - Sec. 6. The jloase -of Representatives solely, shall have the power ot impeaching. No person shn!l be convicted Without the concurrence of tworthirds of the Senators preseut. When the Governor is impeached the Chief Justice shall, preside. - . 1 -i Sec. 7. Treason Against the State 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 Openf court. No conviction of treason or attainaerfsnall , work corruption of blood or forfeiture. Sec., y. The Supreme Court fchall consist of a Chief Justice anci four Associate JWticcs. Sec. 'J. There shall' be two terms-of the Su prerr.e Co-urt held at the .seat bf. Government of the 1 State in each year, commencing on the lirst Monday In January, aqd first Monday iu June, and;cbntinuing as long as the public interest may require. . " ' ; ' , ?: l Sec. 10. The 8upreine Court shall have juris diction to review, upon apieal, any decision of the Courts below,Jtapon any matter of law or lega.1 inference but no Issue of fact shall be tiicd be fore, this court ; and the court shall have power to issue anv remedial writs necessary, to tcive it a general supervision and control of the iufeiior courts. - : . - -: '. See. 11. The. Supreme Court shall hays'pnginal 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 ses sion of the General Assembly for its action, Sec. 13. The State shall be divided into twelve udfcial districts, for each of which a Judge shall be chosen, who shall hold a Superior Court in each county in said District, at least t wice in each yr," to continue ior two weeKs, miicsa iuuuwi iMtsaouer disiwscd of Sec. IS. Until aitereQT-fcv-' -Tart tim- roirowir fOialt be the Judicial Districts :' ' First District Currituck, Carridcu, Pastiuo-. tank, Perquimans,- Chowan, Gates, Hertford, Bertie. - . , .. r -. Second Disttiet: Tyrrell, Hyde, Washiugtou, Beaufort, Martin, Pitt, Edgecombe.. Third District. Craven, Carteret, Joines, Ous low, Greene, Lenoir, Wayne, Wilson. ; Fourth District. Brunswick New Hanover, D'niilln. Colnmbus Bladen. Samnson, Robeson. Fifth District. Cumberland, rfarnet, Mobre, Richmond, Anson, MfcntgomeryyStanley, Union. Sixth District. Northampton, Warren, Hali fax,' Wake, Nash, Franklin, Johnston, Granville. Seventh District.-Person, Orange, Chatham, Randolph, Guil ford, Alam lr ce,-Caswell, Kok- frio-ham. ' - - : v . Eighth' District.t-TStokes, Fdrsythe, Davidson, Davie Rowan. Yadkin, Surry, r Ninth District. Catawba, Cabarrus, Mecklen, i burg, Lincoln, Gaston, Cleveland, Rutherford , Pol. ' . .. . Tenth District. Iredell, liurke, caiowcii, Wilkes, Alexander, McDowell. Eleventh District Alleghany, Ashe, Watauga, Mitchell, Yancy, MadisOn, Buncombe. Twelfth District Henderson, Transylvania, Haywood, Macou, Jackson, Clay, Cherokee. Bee 14. Every Judge of a Superior Court shad reside in bis District while holding his ofUce. The Judges may exchange districts with each other with the consent of the Governor, and the Governor for good reasons Which he shall report toi the Legislature at its current or next session, may require any judge to hold one or more speci fieki terms of said courts-ia lieu1 of the Judge in whose district they are. -I Sec 15. The. Superior Courts shall have esciu siie original jurisdiction! of air civil actions, whereof exclusive original, jurisdiction is not giVen to some othen Courts ; and of all criminal acUons, in which the punishment may exceed a fine of fifty dollars or imprisonment tor one month. ;. ... ,. -r , ,, ,.-.,. Sec. 16. Tho Superior Cdurts shall have appel late jurisdiction of fell 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 m all caw irf The clerks of fhc Saperior Courts shall hive jurisdiction of the probate of deeds, the ranting oi lexicrs iciiuiicuLuijf-cAXL vi uuwiui tvift nnnointment of guardians, the ap tpntiHrirr nf ornhans.- to audit the accounts of executors, aamiuisLruioia auu guajuiaao, . such other matters A3 shall be prescribed by law. All issues of fact joincid before them shall be transferred to the' Superior Courts for trial, and a;n..u Rmir Hft to the Suocrior Courts from their iudgmeats in all matters of law. x iSGc. 18. In all issues of fact, joined m any Aurt the parties mav waive the right to have the same determined by jury, in which case the ,io Af tht tnvlrt linou the fact.-shall have Vi a fr,n an A ftVH-.if a verdict of a jury, rf : Sec 19; ThVenerav Assembly shall provide rAr tho ftobliahment of Special Courts, for the trial ot misdemeanors, i!i cities and towns; where the same may be necessary -4-.-: i Sec 20, The Clerk of tbASupTeine Court shal be appolntca by the Court. ani shaii hold his oi Sec 2L; A Clerk of the Superior Court for each nhnntv: Rhallbe elected by , th0 quauuea vowrb thereof, . at. the time and in the manner prescribed by law for the election ot memocrs ox mu uuci u i Sec' pef &mpk W PuP?riyr;V ui i bld,tlelrflics fbtTour i lr , 3 fcirai and regulate the lees, salaries; and emoluments of all Qfucsrs provided Sot in Uis article j but tue sttaris Of the Judgtjs ' shall not; bo duiiiiiished d:irln their continuance in office ' ; Tgcc 24.- The laws 'of North Caroliua, snot rc nuirnattlo this Constitution, or to theConstita Sol and laws ot the Unitedtatcs, hall Vein force unlawfully altered. . . - . . , LLrr.:, 4Ma r.nnRt.Itntion shall go into ef- mene7dSbefore: and pending at, the adoption ( liy the General Assembly,, of the Lics a lieitd and aeterminea, accoruiU r---rT riawr in use; unless otherwlsoproYded for by said OEFIC OKI H ! Sec. 23. The J ustices of the Supreme Court shall be elected by the qualified voters of the State, as is irovided lor tie lection of members of the General Assembly. They shall. hold their offices foreight years. The Judged of the Supe rior Courts shall be elected in like manner, and Bhall 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, tinder the superintendence of the - Jus tices of the Supreme Court, -be divided by, lot into two equal classes,, one of which J3hall hold office for lour years, the other for eiffht-vears. " - - Sec 7. . The General Assembly may provide by 4 iaw mai ine juages oi tne euperior courts, in stead of being' elected by tho voters of the whole State," as is herein provided for, shall be elected byj-tko voters of tieir respective districts. - Sec 28. The Superior Courts shall be at all times, open for the transaction of all business within tbeir jurisdiction, exeept the trial of Is sues of fact requiring a jury. . Sec. 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 years, and prosecute on behalf of the State, lb all criminal actions in , the Superior Courts, and advise-the offices of justice in his district. Sec. 30. In each countv a Sheriff and Coroner, shall be elected by the qualified' voters thereof as is prescribed for members of the Geneial As sembly, and &hall hold their offices for two years. In each township there shall be a Constablt, elected in like manner by tte voters thereof, who ?hall hold ins office for two years. When there is ho Coroner in the county, the Clerk of the Superior Court for the county may appoint one fqrpscjal cases. Ic case of a -vacaney existing for any cause, in any-of the offices created by this section, the CornniissionersTor the coUrity may appoint lo such offices for tie unexpired aterm. occl 31. All vacancies occurring in the offices provided for by this Article of this Constitution shall be filled by the appoidtment of the Govern or, unless otherwise provided for, and the ap pointees shall hold their places untii the next reg ular election. L' Sec. 32. The -officers elected at the fiist clec-. tion held under this Constitution, shall hold their office for the term's prescribed for them respect tively, nexi unsuing affcr the next regular elec-, tion for members of the Genera! Assembly. But their terms shall begin upon the approval of this Constitution by the Congress of - the United States.. , ... Sec. 33. Thc.se'vcral Justices of 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 lo real estate shall not be. in controversy; and;of all criminal matters arising within their counties, where-the--pun'shment cannot exceed a fine of fifty "doliai, or imprisonment for one month. W hen au issue of tact bhall be joined before a Jnsti'ei;, on demand, of either: party thereto he shall cause a jury of six men to be Summoned, who shall try the same. The party against whom judgiiient shall be rendered in any civil faction, may aopeal to the Superior Court trom the same, and, ii the judgment shall exceed twenty-five dollars, there may be a new trial of the whole mat ter in the ''appellate court; but if the judgment shall.be for twenty-five - dollars or lessl then the case shall beheard in the appellate court, only upon matters of law. In all cases of a criminal nature, the party against whom iudgment is giv en may appeal to the Superior Court, where the matter shall be' heard anewf In all cases brought before a Justice, he shall make a record of the proceedings, and file the same with the Clerk of the Superior Court for his county. .. Sec. 3 4'. .When the office ot Justice ot the "Peace sh.JI become racaut, Otherwise than by ex p'.ratioii 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 the unexpired term. Sec. 35. In case the office of clerk of. a Superior Court for a county shall become vacant, other wise than by the expiration of the term; and in case oi a failure by' the peeple to elect, the Judge of .1h'-vunurioF Court for the county shall ap point m !ivwa:9ney uutil an election can be regularly ueiu. - . : - AiiTlCi HS VENUS AND TAXATION. cctioii 1. The General Assembly shalMcvya a carutalion lax on evcrv maie iunauuam -.oi i.ue State over "i wen tv-omi and under fifty years of 01 i?L 1 1.1 1.1 V U i .1 1 III. A. i" A L oi'-e. Winch shall be equal on each, to the tax on -J ' , i . jim -1 1 J .1.11 1. operty vaiucq. at tnree nunarea aojiars in ciigu. The Commissioners of the several counties may exempt iVom capitation tax m special cases, on account oi novertv ana lnnrmuy, ana me oiaie i , 1 , !i J OXJ. and county capitation tax combined, shall never 'exceed two dollars ou the head. 2. The proceeds of the State and County eapitatitm tax shall be applied to the purposes of education -and tup support oi ine poor, ouiiu nu one vear snail Inore than twenty-tive per cent. hereof be appropriated to tne latter purpose. Sec. 3. Laws shall be passed taxing, Dy a uni- form- i'ule, .'ill -monies, credits, investments in bonds, stock joint stock companies or othcr- . , . i -t -i , J, , ....v., - i - ' aero id !!! to its true vame in money, jliicvjtcu- eral -Assembly may also tax trades, professions, franchises and incomes. lYOvuiM, inat-no m- eome SJI:UI DC taxed WUen luu prupertjr uym which the income is derived, taxed. Sec. 4. The General Assembly-shall, by appro- npioto ion?cif inn mid lw ndp.mmt.e taxation, oro- vide for the prompt and regular payment of the 'llUtl JVlJIIUl.u k . ' ' "-' J " 1 7 7 A J interest on the public debt, ana aiier me year IHSO. it shall lav a EDecinc annual tax upon me real aW personal property of the State, and the Kiim thus realized shall be setioart as a sinking fund, to be devoted to the payment of the public s. iTiitil the bonds of the State snail do at Tar -t.ne tienerai -assciuuiv sii:ui jvc uw puhw to-contract any. new a.eut or pecuuuuj uug- ' , -i r : ii tiou in behalf of the State, except to supply a cas ual deficit, or for suppressing invasion orinsurrcc tion. unless it shall, in the same bill levy, a spe- pm t.RT .n iwv t ie interest annuauv. ivau ww ... j a 11 A . 3 4- General Assembly shall have no power to give or lprifl Urn rredit of the State an aid ol any person, association or- corporation, except to aia m iuc completion oT such railroads as may De unfin ished at the time of the adoption of this consti tution, or in which the State has a direct pecu niary-interest, unless the subject be submitted to i nMr.-rt. vote of the people of the State, and ho annrnvfifl hv a majority of those who shall A Prnnprfv hftlnninir to thQ State Or to tftl nnrnorations. : shall be exempt lrom taxation. The General Assembly may exempt emetcries, and the property held for educational, Ci scientific, literary, charitable, or religious pur uncp fiisn. woiiririir auDarel. arms for muster, household and kitchen furniture, the mechanical nnrt no-in cultural imulements ot mechanics ana farmers, libraries and scientific instruments, to a ot not exceedins: three hundred dollars. AmL 7. The taxes levied by the Commissioners nt t.f Rov iral counties, for county purposes, :ii iii Vio if vie.1, in like 'manner, with the State vna nrfhshall never exceed the double of the fit'i, tv :'lfT. first Tar a gnecial riunose, and with tii'et,-.i9l i.nnroval of the General Assembly. Fee 8 Every act of the General Assembly, 'livtMn.ii tnv shall state the special object to which it is to b applied, and it shall be applied to no other purpose J article yi, ,. AND ELIGIIMLITY TO Of FICB bUFFHAGi Section 1. Every male person bora in the Uni ted States and every male person who has been ia nmiiKod -twentv-one vwurs old or upward, who shall have resided in this State twelve months next preceding the election, and thirty days in the county in which he offers to vote, shall be deemed?aii eled or. - , , m bee. srtaii oe vau "FS,Trm .r ll v,"ii,vwi in vote without registration, or to regis lstranou ui a yvv, r - t ter "without first taking an oath oraffinaation to support and maintain the .constitution, and laws of the United States, and the constitution and laws of North Carolina not inconsistent therewith Sec 3. All elections by the people shall be .by ballot and all elections by theiGeneral Assembly shall be viva wee. ; --' . : . ' Se" 4. Every voter, exeept as lreinaftcr. pro videa shall be eligible to office, but before enter- tog upouthe; discharge of the duties of his of nce, lie shall take and subscribe thd following I do sokmnly swear (or affirm) that l will support and maintain the Constitution and laws of thelJnited States and the Ctnftitu tura and laws of North Carolina not inconsistent herewith, and that I will faithfully discharge the duties of my oflacc So lielp me God. 1 See. 5. The lollowing classes of persons shall oe disqualified for office ; First All persons! who ehall deny the being ot Almighty Godi: Second. All persons who 'Bhall have been convicted of treason, perjury, or of any other infamous ch me, SJhce becominer citizens nt th a UniiA Rljitna op of corruption or-mal-practice in office, unless muu persons snau nave been legally resiortd. to me ngnts of (aUzecshlp. ARTICLE VII. MUNICIPAL COSrORATIONS. m ;Scc. 1. Iu each County, there shall be cle btfed, oienniaiiy, by , the qualified voters thercd t, as provided for the election of members of the Gen eral Assembly, the following officers : A Treas urer; Register of Deeds, Surveyor and Five Com missioners; '. . . .. I Sec 2. It shall be the duty of the Commission- J crs to exercise a general supervision, and cobtrol 1 orthepenaland charitatable institutions, Sclibols, Roads, Bridges, levying of taxes and finances of the County, as may be prescribed by law. The Register ot Deeds shall be ex officio Clerk of the board of Commissioners. Sec. 3. It shall be the duty of the Commit don ers, first elected in each county, to divide the same into convenient districts, to determine the boundaries and prescribe the names of the said districts, and to report the same to the GeperaJ Assembly before the first day of January, 1SJ09. Sec 4. Upon the approval of the reports pro vided for in the foregoing section, bjr 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. Sec. 5. In each township there shall be bien nially elected, by the qualified voters thereof," a Clerk and two Justices oi the Peace, who shall constitute a board of trustees, and shall, 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 far the election of a larger number of Justices off the Peaee in cities and towns and in those Townships in which cities and towns are situated. In every Township there shall also be bicnially elected a School Committee consisting of three persons whose duties shall be prescribed by law. Sec 6. The township Board of Trustees, shall assess the taxable property of their township and make return to the County Commissioners, fdr re vision as maybe prescribed bylaw. The Clerk shall also be exoffieio Treasurer of the townships. Sec. 7. No county, city,, town, or other muni cipal corporation shall contract any" debt, pledge its faith, or loan its credit, nor shall any tax be levied, orcollectedrby any officers of the same!, ex cept for the necessary expenses thereof, unless by a vote ol a majority of the qualified voters therein. Sec. 8. No money shall be drawn from any county or Township Treasure, except by author ity of law. . Sec. 9. All taxes levied by any county, pity, town or township, 6hall be uniform, and ad valo rem, upon all property in the same, except pro perty exempted by this Constitution. -: i Sec 10; The county officers first elected under the provisions pf this article shall enter upon their duties ten-da3's after the approval of this Constitution by the (Congress iof the U. States. , Sec. 11. The Governor shall appoint a suffient number of Justices of) the Peace in each county Who shall hold their places upti! sections' four, five and six of this Article shall have beeri car ried into effect - - Sec. 12. All Charters, ordinances and provi sions relating to municipal corporations sha 1 re main in force until legally chajnged, unless incon sistent with the provisions otlthis Constitution. Sec 13. No County, City; Town or other mu nicipal corporation, shall assume or pay, or shall any tax be levied, or collected for the payment of any aeoc, or tne interest uponiany debt, contract ect directly or indirectly m ai jl or support cifthe rcDellion. ariicltitt: COKl'ORATIONS OTnEIi TUjN MUNICJPAli, - . Section 1. Corporations nujy be formed ijnder. general laws, out snau not oe createa y sijccjui act, except for municipal purj .Oses, and in bases where, in the judgment ot the Legislature, the ob jects of the corporations cannot be attained un der general laws. All genera' taws ana epeciai acts passed, pursuant to this section, may be al tered from time to time or repealed. Sec. 2. Dues from corporations shall be go-cur ed by such individual liabilities of the corpora tions and other means.as may be prescribed by law Sec. 3. Tne term corporation as used in tnis Article, shall be construed to include all associa- tions and joint stock companies having apy : .... ... i.. . . ; Of the powers and privileges oi corporations not possessed by individuals or partnerships. And aud all corporations shall have-the right to sue, Rhall be snbiect to be sued, ill all courts, in like cases as natural persons. Sec 4. Irshall be the duty oi tne legislature to provide for the organization ot cities, towns a! incorporated villasres. and to restrict their nower of taxation, assessments, borrowing mou i . . i . .1. ' . . . . .. VI ey, contracting debts, ana iioaniog ineir qrcun, ro a to nrevent abuses in assessments and cou- tracting dents Dy eacn muuKipai cori)o ratio , ; r - .VRTICLE IX'l i EDUCATION. Section !. Religion, morality and knowledge bein?1 necessary to crood government and happi ness of mankind, schools and the means of- edu cation shall lorevcr be encoluragcd. Sec. 2. The General Assembly, at its first ses sion under this Constitution, shall .provide by taxation and otherwise for a general and uniform system of Public schools, wherein tuition shall be free or charges to ail tne ennareu oi tne joiaie between the ages of six and twenty-one years. Sec i. Each county ol thiP atate enaii do ani- ded Into a convenient number ofistricts, m which one or more Public Schools shall be main tained at least four months' in every year faud if the Commissioners ot any county shall fail o comply with the aforesaid requirements of this section tney snau do name ijo muicimeuju. Sp 4 The rroc.pedi of alllMids that inav have been, or hereafter may "be, granted by the Ujnited States to this State and not therwise specially appropriated by the United RtAtes or heretofore Dy llllB OUiLe; uiBUt, u.ii muuiri, niuvao, uvumo-mv other property ripw belongiiic to any fuid for purposes ol education ; alsjc . the net proceeds that 'may accrue to the Stir lrom sales bi es- tfays, or from fines, penaltji aud torieitures ; a'so, the proceeds of all ss of swamp lands belonging to the. State; also J all money that; shall De paid as an equivaieni. ior . sa.ycmpuuua .uulu militiry duty ; also, an granT, g"ts ana aevieu that -mav hereafter be made this State, and not otherwise appropriated by praut, gift or de- vise. fehall be secureiv invest ana sacreaiy pre RcrvftrT sm an irreducable lurid. tfe annual income .of which,, together with so mch ol the oramary rfcveuue of the state as may r necessary buh uc fiithfnilv anntfonriated for etibiismag ana per- ancation in this St.t3. sl sy&tem of Free Fablic schools ana loiiotuer purpot,et or uses whatsoever. , v , A R ThellBiversitv of North Carolina,; with ite ttTide pmolnments and irnchi5es. M under the nntrol of the SUtc and shall beHeJd to an ft,anp.nhift rnnnftf.tion wi!t the Free Public iirtoi R-stftin of the State. Sr 6. The General Assbobly shall provide that the benefits of the Univtrp'ty, asfaraspracti- M H tTrcnded to the voitb f t the SUte iree of cxnense for tultiou ; also tbV- aii the property mi.;, , hrta'fct-Ptfarfi. apca to the Mate, or ci.aii liorMnnr if-rrne fronil f JteatS unciitiimed rvAe. r aistrlbutive shb" of the estates of deceased persons, shall be 'iropriated t0 the nAAf the tlnivcrsitTV i s ; : , i Sec 1: The Uovemor, Miica2Ji uowuur, 4 oTSUterTreasurei. Auditor. Supertax Itendent of Public vTorkSrintendentotjPub- rtmM Attorney fieneral. sha 1 eon- : rm h Thft Governor slifll be, President and io ; Rn'nr.rintp.ndent of Puhl" instruction shall be Secretary of the Board of Education. See. 9. The Board of Edictaon shall succeed to all the powers and trusts! o tSc President and Directors of the Literary Ftr.d of North Cui oii na, and shall have full powev to legislate; and pake all necdf ol rules and rcjnlations in relation to free public schools and the educational fund of the State; but all acts, rules and . regulations of said Board may be altered, anretided or re pealed by the General Assembljyand when so al tered, amended or replealed, they bannotbe re enacted by the board.; i - ,!-- tSec. 10. The first session of the Board of Edu cation shall be held at the capital of the State within fifteen days alter the organisation of the State Government under this Constitution; the time of future meetings may be determined by the Board. . T Sec. 11. A majority of the Board1 shall con-' stitute a quorum for the transaction of business. , Sec 12. The contingent expenses Of the Board shall -be provided for bthe General Assembly.) Sec. lo. The Board of Education shall elej:t Trustees for the University as follows : Orie Trustee for each county in the State, whose term of office shall be eight yiars. The first raeetklg of the Boardshall beheldfwithin ten (10) days aftr their .election, and at this and every subquet meeting, ten Trustees shall constitute a quoruni The Trustees, at their first meeting Ehall be divji-' dc-d as equally as may be into four classes. The seats ot the first class shall be vacated at the ex piration of two years; of the second class, at the expiration of four.years; of the third class, at the exiration of six years ; of tbe foarth class at the expiration of eight jars; so thatxme fourth my be chosen every second, year Sec. 14. The Bord OPEdut ation and tho Presi dent of the University shall be ex ojficio members of the Board of Trustees 01 -the University; and shall, with three othtfr Trustees, to be appointei by the Board of Trustees, constitute the Execu tive Committee of the Trustees f the Universi ty ot. North -Carolina, and shall be clothed wih the-powers delegated to the Executive Committee under th.e existiiig organization of Hie InstitV tion. The Governor shall be ex officio Prcsidefit of the Board of Trustees and Chairman of the Eic ecutive Committee of the University. TheBoard-, of Education shal provide for the more perfect organization of the Board ot Trustees. . M Sec. 15. All the privileges; rights, franchisips and endowments - heretofore granted tof or cpft fcrred upon the Board ol Trustees of thef Univer sity of N. Carolina by the Charter of 1789,or by any subsequent legisjations, are hereby vested in tfie Board of Trustees authorized by this Constitu tion for the perpetual benefit of the University! Sec. 16. As soon as practicable after the adop tion of, this Constitution the General Assembly shall establish and maintain, in connection with the University, a Department of Agriculture, if Mechanics, of Mining and of Normal Instruction. Sec. 17. The General Assembly is hereby en poWered to enact that every child of sufficient mental and physical ability shall attendf the pub lic schools during the period between the ages of six and. eighteen years for a terra of not less than sixteen mouths, unless educated by other mcani. ARTICLE -X. IIOMiilSTEAPS AND EXEMPTIONS. oeeuun 1. x ue personal property oi any resi dent oi this State to the value of five hundred dollars, to be selected bv siuih residents, shall be and ;s hereby exempt.'from ale under executioii, or other formal process of any court, issued? for the collection of any debt. ' i Sec. 2. Every homestead and the dwelling and building used therewith, not exceeding in value one thousand dollars, to be selected hthe owner thereof, or in lieii thereof, at the option of the owner, any lot in the city, town or village, with the dwelling or buildings used thereon, owned and occupied by any.rcsidert of this State and not exceeding the value ol one thousand dollar, shall 'be excepted from sale undr executioner other tin al process obtained on any debt. Biit no property shall be exempt from sale for the taxes, or for . payment of. obligations contracted for the -purchase of said premises. . : Sec. o. The homestead alter the. death of the owherHhereof, shall be exempt ft om the payment of any debt daring the minority or his children or any one of them. , ' t,- .' I See. 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 and performed for the person claiming such cxemp- v. itvvuuiiiu a ucu iui nuia. uuuc VJ IX LUC premises.- . -. .-. - feet-. 5. I? 41i-e air-ut , f - .. n.U.A iijg aivtdow, brxt no eliiltJ.reiv tlttn isnjno sJiulJM Ii U"!l tl:r? xir-fyttf-nt Umi haBbjnd, aud'tlie rents andpronts tuercof siiauinure to her bene fit during her widowhood, unless she be the o.w er of a homestead in her. own right ; ( ' St"c. 6. The real and personal property of aiy "female in this State, acquired; before marriage, and all property, real and personal, to which she may after marriage become' in any manner enti tled, shall' be. aud remain the sole and separate estate and property of such female, and shall not be liable to any debts, obligations Or engage ments of her husband, and may ba devised or be queathed, and, with the written assent of her hus barkl, conveyed by her as if she were unmarried. Sec. 7. The husband may insure his own Hie for the sole use and benefit of his wite and chil dren, and in case of the death of the husband the amount thus insured shall be pa d over to the' wife and children, or the guardian, if underage, for tier or their own use, free fr0m all the claitns otthe representatives of hei Tiusbaid, or any jgf his creditors.' i ' ; Sec. 8. Nothing contained in the foregoing sec tion of this article shall operate to prevent the owner ot a Homestead from disposing of the same by deed, but no deed made by the owner of a Homestead shall be valid . Without the voluntary signature and assent of his wife, signified on her private examination according to law. ARTICLE XI. rUNISUMDNTS, PENAL INSTITUTIONS AND CHARITIES. PUBLIC Section 1. The following punishments only shall -be .known to the laws of this State, viz: Death, imprisonment, with or without hard labor, lines, removal trom offices and disqualification to old and enjoy any omce ol honor, lrust pr pro- lit under tnis State. - - i Sec. 2. The object of punishments being not only to satisfy justice, but also to reform the offenders, and thus prevent crime,4 murder, arsbn, burglary, and rape,and those only, may be punish able wit death if the General Assembly so enact. Sec. 3. The General 'Assembly shall, at its first mqeungj, make provision ior, tne ereeuon ana condncti of a State prison or Penitentiary at some central and accessible point within the State Sec. 4. The General Assembly may provide Tor the erection of Houses of Correction, vhere va grants and persqns guilt of misdemeanors shall be restrained aijd usefully employed.. Sec. 5. A house or houses of refuge may be es tablished whenever the public interest may re quire it, lor the. correction and instruction of other classes of offenders. : v ; ; i tA . ; I Sec fit It shall be required by competent legis lation that the structure ' and superintendent ot penal institutions of the State, the county jails', and city police prisons, sceure. the health and comfort of the prisoners, and that male and fe male prisoners be uevcr confined in the same room or cell. ; v : u j ; - ; y'"h Sec 7. Beneficent provisions for the poor, the unfortunate and orphans, being one of the first duties pf 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 jBtate institutions, and who shall annually report to the Governor upon their conditions; with, suggestions for their im- Sec 8. There shall also, za soon as practicable. be measures devised by the. State for the estabr Hshment of ne or more orphan houses, where destitute orplians maybe cared lor, educated and taught some business or trade. , . See, It sliall bS ,,tbe duty ot the Legislature, as soon as practicable, to devise mcana for the ttilneation 61 idiots and Inebriates. r '' , ': : I Sec. 10v Thq Geueial Assembly shalf provide that aHlbe Jeaf inute5 the blind, and the Insaac of the State shall be eared Xoriat. thei tfharge of the State, i a-y ; ,;J! -:r-H dra.wuid' i Secll. It shall be etcadily fcept ia view by the JLH gilMUkUlC) 4LAAU. tUU Ui A- UVAAW Vii4J that all penal and charitable institutions should be mij: as nearly aeif-supportlng aa '-is cctsist eat with the purposed ol their creation. .:! - " "... article v;:A.;fV.Lr ', ' , ... , ? illLITIA, r : , "iit 1 . Section 1. able-bodied maW citizens ot the State of ' North Carolina, lAitweeu" the ages , of twcatypne nd'Tarty ycah "who rd citizens' Of tiie United States, shall be, liaUe "totluty in the MUitia; ZVoi2, That all pcr8oua who may be '(V averse to bearing arms, from religious Scruples, shall be exempt thwefrotn." - . Sec 2. The General Assembly shall provide for . the organizing, arming, equipping and discipline of the Militisiy and for paying the Biracirhfn called into active service. 8ec 3. The Governor Bhall be Commander-in- ' Chief, and have power j to call out the Militia to execute the law, suppress ; riots, or insurrection, and to repel invasion. ' 1 Sec 4. The General Assembly shall have power to make 6uch exemptions a may: be deemed ne cessary, and to enact laws that may bo expedient , for the frorprninmit; nf thA f ITlffn 7 ARTICLE XTTI. 4 Section 1. No Convention of the people shall be called by the General Assembly unless by the concurrence of two-thirds of alt the Inembers-of each House of the General Assembly. ; 1 Sec 2. No part pf the Oonstltntion of this Stato shall be altered unless a bill to alter the samd shall have been read three times in each House of the General Assembly and agreed to by three-5 fifths of the whole number of members of each' House, respectively; nor shall any alteration take place until the bill, so agreed to, siall have been published six months previous to a pew election ' ot members to .the General Assembly. ' If; after such publication, the alteration' proposed by the " preceding General Assembly ball be agreed to, in the first session thercalter, by two-thirds of the whole representation In each House 61 Iho General Assembly, after the same shailihave been read three times on three several days in each ' House,-then ' tlie said General Assembly shall " prescribe a mode by which i the- amendment or amendments may be: submitted to the -qualified voters ol the House of Representative throcgh out the State; and if. upon comparing the votes given, in the wholefitate, it shall appear that a . majority of the voters voting thereon , have ap-" proved thereof, thenv and not otherwise, the same 6hall beeome a part of the Constitution. - ARTICLE XIV. MISCELLANEOUS. Bectoon i. Ail indictments which shall have been found, or may hereafter be found, for any crime oroffence committed before this Constitu tion takes effect, may be proceeded upon in the proper Courts, but no punishment shall be in flicted which iXforbidden by this Constitution. Sec, 2. No person who shall hereafter fight a. uu.i, vi aepiBi, in mo euxitu us u BCCOna, or Send, accept, or knowingly, carry a challcngctherefor, or agree to go out of this State to ficht a dnnl shall hold any office in this State t see a. No money shall be drawn from the Treasury but iri consequence of appropriations made by ,law, and an accurate account of the re ceipts ana expenditures of the public money shall be annually published. . " Sec. 4. ihe General Assembly shall provide bv . proper legislation, for eivim? to mechanics ami laborers an adequatei lien on the subject matter oi their labor. , ' v i ' Sec. 5. In the absence o( any contrary provi ' sion, all olncere in this State, whether heretofore elected, or appointed by the Governor, shall hold their positions only until othct appointments are iuauo uy me uoycruor, or, it .the officers. are elective, until their successors shall have been chosen and duly qualified, according to the pro visions of this Constitution. Sec. 6. The seat of Government, in iha &tatn . shall remain at the city of Raleigh. ' " sec. 7. iso person shall hold more than one lu- crative office, under the State, at the same lime; Provided, That officers in the Militia, Justices of the Peace, Commissioners of Public Charities and Commissioners appointed for special pur-, poses, shall not be considered officers within the meaning of this section ' , . Done in Convention at Raleigh, the sixteenth day of March, in the year of our Lord, one thons and eight hundred and Eixty-eighV and of the In dependeue'e of the United States, the ninety-sec ond. . V -- . : :. (Signed) - CALVIN J. COWLES, - ' " resident of the ComtistiUional Convention J . BIBROSfA FOR THE IIAIB, Improved! It is an elegant Dressing for. the Hair, -It causes the Hairdo .Carl beautiluily. It keeps the calp Clean and'HeiUhy.' It invigorates the Roots of the Hair. J It forces the Hair and Beard to grow luxuriantly. It immediately stops Hair Tailing Out. It keeps the Hair fromChanglng Color from Agc. It restores Grey Hair to its Original Color. ' It brlags out Hair on heads that havir been bald for. years. ; ; . , It is composed entirely of simple: and partly vegetable substance?. It has received over six thousand voluntary lea timonials of its excellence, many of which, are ' from physicians of high standing. It is sold in half-pound bottles (the name blown in the glass), by Druggists and Dealers in Fancy Goods every where, at One Dollar per Bot tle. Wholesale by Demas Barnes & Co; , F. C. Wells & Co. ;. Schleffelin & Co., aprH 4th, '68. , New York. 137-dttw-ly Union Macliine Company, "'.::-- L MAKUI'AUBEBa OT ;A& 'y Steam Engines ; Machinists ools ;rWoodWorth Planers and Matchers; Improved Stave and Bar- rel Machinery ; Barrel, Tub, and Pail Stave Saws ; Chair, and Hoop' Machinery ; 1 Wjod fTurping Lathes ; Sawing Machines and Saw: Arbors ; Im proved Circular, Saw Mills ; - , , s ; , . ' ; '. . ': ;:.--' 0 ;i ki&6y , z , .'. ; :'. -; : : ? '-, . , TORBIHE VATEH : VIIEEtSj Shafting, PuHeysy Hangersi -SfiU Work,: c. f . I rrrnrTTTTTi n .lrtno iifrvvinci., april 4 . - V T ALL TIMES AT MTJ Mitt, FOOT OK CASTLE' STREET," ' cut from- i fctf4 Inches in length up, net (ess than 15 inches ia diameter, and free from knots or shaies.s . ' , ; t , . . : t: ... I ' ' TERMS :--C A.SII ON D E LlV ER ' i3 C . MANN. - tf die 81 ) . v notice; ; fjfXVtKd CONTRACTED WITH THE 5EC: JljL' retard of the Treasury for the salvage of all "Blockade Tuaer,! and other wrecks, and prop erty belonging to.the. United States on and adja- l eent to ' this coast, contracts will' oe made with parties desuriug to engage m irockot saving iron, &c .ROBERT STEVSNS02?. - .-10 So., Front Si. Wjlminon, N. C. m$, eta, i6Tr ' : V ; ,. -.; dec 1 .S3 . -.Af it ,- .t-fl!V. it .1.41- j-v. 4
The Wilmington Post (Wilmington, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
April 10, 1868, edition 1
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