North Carolina Newspapers

VOL. .1. WILMINGrTQN, N. C., SUNDAY MORNING, APRIL 12", 1868. no. m. "t i ' f. - i . " ". t .'. . . t if - i Mill lit , TERMS OF SUCSCKIPHO N INVKIABLTf 1ST ADVANCE . . j. - .75 cents. Per Month : For the Political Cainpaigri ..50 cents. RATES OF . Avilrtiscmeuts will kDVERTKlNG : be iiiscrtcd nt 10Q per each r,imrp. f6r first insert Ion tmdtw. 'cents iui " i - - ... . subsequent insertion. ' Tea lines or less, spl 6(juarc. t ; dralnioulypc, constitute a roup ltttj mllmi 'IS rrjJ3LI3UE MONDAY, - . f suiJsqiiU'Tiox One year... v.- Advcrliscsient3 H jjerisquure. MASONIC DIRECTORY St; JohuM Lodge No. 1, MMstert 4 evening in ech month, riouACE II --.Mt'NsoN rVm M. Foiasois, sue'y. Concord Ch ipter No. 1, Metis Id and 3i jfundan in each Month. Titos. M. GaudnekJ M.. L.-". 11 -t .i". Wm.' Laiikiss1, Scc'y. Wilmington Councir No Jfotfs IFciijK'Wa it akh month. Alfued Maktin, L: G.vM. J. 1. IIytTENBEKG. Recurdei JlEVIEWOFTi E CONSTITUTION. A.DDKESS OF IT W ! AIMIiMM, All jf'tf Yut JUqjlc (f Xoi'Ut C'.iVoltild-';: The Conveutio,ir which: met "under the -Recon struction acts of Con resrto iorni a Constitu- tiou "repubHcau in fq fm. ior tue state c i onu Carolina, preparatory la its .re-admmissiou into the Union, have finish xl their labors, and now ; present thu Constitution to the people , oi the State ior lueir runuouuii. . u . uuuujisuw have been appointed to. prepare a'briel statement of its most important provisions aim vi iuu principal changes wlii .'h have been made m the tanner itystetrVpi'iro've .'rument. ' - ' ' ' J- THE OIL l ot nioiiTs .-states clearly 4,the gtheral and essential prui-; tiple of liberty - and secures them by all vieriencc can suiru'et. irood government. : ' and tuesaieguards-: which" ex- The great, change introdit-H . ced bv this Bill of-Ri hts is, inat.it neiaoves every argument off whicli the doctrinej of the rirrhr, ot secession haa been advocated, and se- EVERY 01 , cures forever' the integrity of the Union vnd the peace avd prosperity of the United States. To the 'Umon-lqvLn.L; peole of North-Carolina no defence need be made Jor the bold assertion of . this great principle. ' . '. . lu'the Executive TJEVAiiTiiENT the changes 1 appear to be much greaker j than they really are. The names ot s6me ombers have been - changed, aiid' instead of -being elected by the General i , : 'Assembly as heretofore the .choice of these high :. agents ol the people's J vill is given directly to 4 the i people. Thi3-is in conformity with the? ac . knoWledgcd, -..piinciplcs of Republican goVern j 7 mcnt. But two bmccra have been created. 1st. "Lieutenant Governor. 1'he necessity tor this i - oficcr to atipply the pl.K:e of the Governor, in case of a vacancy in his ollice, was so apparent , ; ' Unit it was provided tor Ui theproposed Con ', . stitutioh of $55. additional expense is in , ' ' curred, as he will recei re no pay, except while '".'acting-as Governor or presiding over Ihc Senate. 'JnA. A Superintendent- ot Public. Works. A proper care of the interests of the State in the great iir.d expensive public Avorks in Nyhiclfit is Vvv engaged renders bucIi an officer manifestly ne cessary. it is ameasuro of eCoiiom3r;- The State has lost hundreds of th 3usand of dollars hereto-. lor for want of the vateMut attention which this olliccr Will give to the efcp-enditure of the public money on iiiteraaP improvements. Under the heads ot the Legislative uepakt-' mEnt and SuEtnAGE and Eligimilit'to Office,; the chantces which will challenge attention is the giving the right to ote and hohVolliee to all the State, without re- the male- inhabitants cH' gard to race, color or cliango AAxs'inevitable- revious condition; This Without it there can be 110 return- to the Unfl bu, no escape from, the kopeless tinu'a'ice rum wMcq tis-wscparabie irora a con- in our i present unnatural condition. But apart from thfis cofu'vihciiig reas'on renect for the men must see,-that a prudent regard welfare of both races amd for the peace and har niouv of societv reauired the extension of the treat privilcire of votm to the colored people, and just men must adm t that all who are expec- ted to bear their shaj'c of the go vernment at. of t!ae manifold-burdens times5. and to expose their lives for its dfende in warj should be al- lowed a inn : participatipn in its class directioif. To of tlie people relusc this rigut to any woiild'be to continne slaverv iiia modified form. u course too abhorrent; o the spirit ot the.age to be permitted. ' ' - ' While giving sutlVagi to the colored people, t been so inconsistent great principles of j Re the (Jonxcntiou lias n with itself, and with th publican government, us to deny it to any pol tiou of the whites. It ls an undeniable nionu- went to the wisdom, and ..jc(iuity, and - magnan-. unity, of the Union people of North f Carolina, that iu three years after the close of a 'bloody and devastating civil war, in which "wrongs and Loutraes Were endured hat can never ,be for: ot- ten, they have framed a Constitution, in which Dot a trace tjf animosity or viudictiveness can be lound : in which the wrong ot the past arc ig nored for the sake ofthd peace of the future, nd ralUvlio are how true to Itheir country,' are irivi-; ltd to; participate rits government. ' bucn -wise , forbearance is certain of its re ward in the ap- I'rorat of rellectiug met ho w, and of all posterity This may be the proper place to speak of ."charge, which has been freely made against this ; Constitution, by those who have never seen it, ; and have determined to defeat it, be it what it mav. The charge isjthat it favor3 the social equality of the races. It is untrue, nothing can le found in the constitution looking in that direction. With .the spciai intercourse of life, govern m,cnt has nothing to do ; it must be left to the taste and choice of each individual. .. 1 r i Soma person has been so bold or so ignorant as to allege, that 7 White andcolored peo ple arc required to be dnrollcd in the same mil Uaf coiupSny, and whie and colored children to' attend the same schools, and that intermarriages between the races are encouraged. All these as sertions are' false, as any reader 'of the constitu tion will sec. All t?ic&e matters are left now, as they vde by theprupoxed Constitution of 1865, to be regit-la'c-tlbijtic represen tatives of the people in the General AoiiUy. Any one who denies the propriety of ""jtuus leaving them botlk impeaches the wisdom of UWIU UU ""L. JW.W t-ure, i The attempt to exite a false prejudice - on i these subiects. is made for rartizan purposes it can ( only tend to excite ill-will between races that arc ueetined to live on the same soil, and ought to hve together in peace, and it should be frowned the peace and prosperity uown by every lover o oi the country. J t.f , JUDICIAL tDEJfAltTMEST. -' Experience , will soon demonstrate that the charges made in this bjranch of Jihe goverumcnt taken altogether, are of crrcat value: Some may doubt the pronrictv of elcctinr iudgcVbythe people, r If the pepple select ' wisely, iio harm can possibly ;, result. .: The ; abolishment ' of the Count? Courts, rendered neccssarv a small in crease in tho number r bf indfrcA - of th. -inncrfor ; Courts ; and it may "be charged that thereby the uew system wili be mare expbnslve than the bid.- We have considered this well, and we corJfidcntly, wwrt the people of Nprth Carolina, that if th General Assembly shall carry out in good faith the idea o the, ConTcntion, they will ave jh un dreaiaof thonaaadsfbf dollars fevery yearvljy the increased despatchv cheapness and certainty of the admicistration of justice. Ve confidently invite the approval of the people to this part of the constitution, it will stand the test of experience, and be more rained with every year fits exis tence. ' . . ' . '. ; v; : f iTCoxmir;GbTEBMENT.Ii :o i; The Republican principle! of local self-govern-mentf which has been so fertile a source of good effects iri the North-Easternfand North-Western States, has been applied to the administration ot thet local" aflairs t of v coanties and town-ships, These County Legislatures; composed of five' Commissioners of each counry; will be schools, where the lessons ot statesmanship will be learn- ed, which may, be" afterwards displayed iu the government of the State. By these various bod ies, almost every man is brought directly to par ticipate in public aflairs. It may seem a little awkward at tirstbut it has approved itself elee wherc, and will do so here. i4 f-j i H. .'. : EWJCAjroN. - . j The Cohstitution framed by our ancestors hv 1776, recognized the value of education. It pro vided Jor a University. This Constitution pro jridesfor a University and for free public schools Jor aU the children of the State, j- All may , see the difference between the success in. life pf the edu cated and the uneducated map, yet as often as not, the uneducated inau has been gifted vith the greater degree of Inttdlecttial powfr; the cause 4)f his ill success is that it has not been devel oped. We propose to "level upwards, to give to the'ehild, as far as the State can, an opportu nity to developc to the fullest extent, all hia ia itcllectual gifts. So noble an effort needs no vin dication, i . ; , IMPKISONHENt KOIi DS13T. is abolished except in case of fraud. A iiberal homestead is 'reserved to the unfois tnnatc debtor. The barbarous rimisimcnts ot whipping, branding, and cropping, will be hereafter un known. Crime, is as often the result of an iguo' ranee of the means of getting an honest living, as of a criminal dispositiod. Hereafter a Pen itenti ary will be at once a place for the repression of crime, and a sehool lor teaching the useful arts to those who arc more Unfortunate thau crimi nal. ..: ; . r People of North-Catoiiua ! such is the Consti tution which we invite, you to adopt. Read it Carefully; Consider it calmly ; upon you and yours will the consequences oi your decision fall: Yqu may not approve,' every . part ol it. Wecannot assert that it is perfect in every part. You must allow somewhat fdr the differences of opinion iu- evnaoic amonqr tninking men, ana eacu man i must yield something of his own views for the sake of harmony, j If you? approve the; general copc and object of the Constitution, vote to ratify iL Do not be njlsled by the" unfounded deuuncia,tion of men heated ly passion and reck-s less of consequences. If you adopt it, the gates' of the Union will be opened -for our entrance, we will once again enjoy the inestimable blessings of Constitutional 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 1 nature with intclect and virtue,, the State of' Norh-Car. olina ought to be a great, rich and liappy State. Laying ' aside all mutual crimination and all prejudice, and leaving the'past to bear its: proper burden ot sorrows and guilt, let ua all inito to make her what she ought to be. You have but to wili it. aud bv the blessing of God, it will be dope-- WILL. B. RODMAN. . GEO. W. G AH AG AN. CONSTITUTION 'v' ! "' OF ' ' - T NORTH CAROL 1X1. - .' PREAMBLE. , Wc .thc people of the State of iNorth. Carolina, grateful to Almighty God, the Sovereign. Rulei ot Nations, for the- preservation bf tho Arherican Union, and the existence of Our civil, political and religious" liberties, and acknowledging our. dependence upon Him, tor the continuance of those blessings to us and our posterity, db, for the more certain security thereof, anxhfor better government of this State, ordain and tablish this Constitution, ; ,; I the es- ARTICLE I. j ' f DECLAKATION OF KIGilT5. j That the great, general and essential principles of liberty and free government, may be reeog nized and established and that the relations of this St ate to the; Union and government of the United States, anjd those of the people of this 'State to the rdst ff the American people, may be defined and aflirnred, we do declare: ' Section 1. That we hold it to be self cyident that all men are created' equal ; That they are en dowed by their Creator with certain unalienable lights; that among these are life, liberty,. the en joyment of the fruit of their own laborj and the pursuit of happiness. j Sec. 2. That all political power is vested In, aud derived from the people : all jyovernment of ( right originates from the people, is founded upon their will only, and is instituted solely lor the good of the whole. Sec. 3. That the people of this State have, the inherent, sole, and exclusive right of regulating the internal government and police thereof, and of attering and.abolishing their G)onstitution and form of government, whenever itj may be neces sary to their safety and happiness; but every such right should be : exercised in jursuance of law, and consistently! with the Constitution of the United States, j i 1 Sec. -L That this State shall ever remain a mem ber of the American Union, that tjie people there of arc part of!the American nation; that there is no right on the part of this State to secede,- and that all attempts frojm whatever source or upon whatever pretext, to dissolve saiijl Union, or to sever said nation, ougrht to be resisted with the whole power of the State. Sec. 5. That every citizen of this State owes paramount alleorianee to the Constitution and Government of the United States, and that no law or ordinance of the State m contravention or subversion tucreot, can nave any tnnding force. t-f,: ; -j Sec. C. To maintain the honor ;and good faith of the State untarnished, the public debt, (regu larly contracted before and Eiiicje thc rebellion, shall be regarded as inviolable and never be ques tioned ; but the S:ate shell never1 assume or pay, or authorize the collection of, - any debt or obli gation, express or implied, incurred iri aid of in surrection or rebellion against the United States, or any claim for the loss or emancipation of any slave. , . " 1 '; j "! v- ' Sec. 7. No man or set of men are entitled to exclusive or separate, emoluments or privileges from the community but in consijderation of pub lic services. . h Sec. 8. The Legislative, Executive, and Su preme judicial powers of the government ought tc be forever separata and distinct from each other. ... ,t-M --:- 1 - . . Scc.' 9.fAllpower.of suspending laws, or the executiou of lawsi by any authority, without the consent ot the representatives of. the people, i3 Injurious to their rights, and ought not to be ex- crciscd """ - " . Sec. io All elections ought to be free. . 11 In nil criminal nrosecutions. every man has the right to be, informed of the accusa tion against "'him' and to confront tbf accusers and witnesses withother testimony, and to have counsel for his defence, and not be compelled to envfe evidence atramst himself, or to pay costs, jail fees, or necessary witness fees of the defence, unless fouud guilty. I Sec. 12. No person hall be put to answer any criminal iharsre. except as hereinafter allowed, but by 'itidictment, presentment, or impeach- merit. 1- ort ;i!ti' Vn nnrsnn shall htt convicted of anv crime but by the unanimous verdict of a jury oi roo& arid lawful men in open conrt.. The Legis lature ffiay, however, provide other means of trial, for Dettt misdemeanors, with the right of 1 1 IHI II I Hill IIJ. JU'TWWWgW UFl'K'lAl,, Sec. 14. Exeessivc bail should not h cor excessive fines imposed, nor cruel or unusual punishmente inflicted. .,4 r i? t 2 Sec. 15, General warrants, whereby any pfflcer or messenger may be commanded t6 seareh su$i pectcd places,1 without evidence of the act com mitted, or to seize ,any - person or persons i aoi; named, whose offence "" not particularly de scribed and supported by, evidence, are danger ous to liberty, arid ought not to be granted; , r ; Sec. 16. There 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 any man ner.deprived of his life, liberty Jor property, but by thew;of the land. ,rs. X::, l . : , , Sec. 18. Every person restrained of hia liberty ' is entitled to a remedy to inauire iinto the law- fulness thereof, nd t6 remove the same, if uC.i'atStrS,niy.aC T lawful and snrh rvmoAv nnirhf nf 7ThS Ji,, 1 habitants, excluding aliens and Indians nt taxed, lawiui, ana sucn remedy ought not to be denied t . remain nna.itp.fl tu k, mm sv- -1-1 1 J Sec. ii). In all controversies at Jaw respecting property, the ancient mode of trial by jury is one w iiiu ireai occur-uerv oi iu. ngniB oi ine people, and ought to remain sacreu aiid, inviolable. Sec. 20. The treedom of the press is one of the great bulwarks jof liberty, and therefore ought never to be restrained, but very individual sTiall be lield responsible for the abuse of the same. 8ec. 21 The privilege of the writ of habeas cor-i put shall not be suspended. w " , f Seci2. As political rights and privileges are hot dependent upon, or modified by property, therefore no property qualification ought to et tect the right to vote or hold office. Sec. 23. The people of this State ought not to be taxd, or made subject to the payment of any impost or duty, j 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. Sec. 25. The people have a right to assemble together to consult for their common good, to instruct their representatives, and to apply to the Legislature for redress of grievances. Sec. 26. All men have a natural and unalien- able right'io worship Almighty God according to the dictates of I their own consciences, and no human authority should 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. Sea. 28. For redress of grievances and toV amending and strengthening the laws, elections should be ofteh held. Sec. 29.. A frequent recurrcsce to fundamental principles, is absolutely necessary to preserve t he Sec. 30. No hereditary emoluments, nrivileres. or honors, ought to be granted or conferred in ; ' Sec. 31. Perpetuities and monopolies are con trary to the genius of a free State, aud ought not to be allowed. J 5 Sec. 33. Retrospective laws, punishing acts committed before the existence of suchlaws, and by them only declared criminal, are oppressive unjust nd incompatible with liberty, wherefore, no ex post facto law ought to be made. No law taxing retrospectively, sales, purchases, or other acts previously done, ought to be passed. Sec. 33. Slavery anc' involuntary servitude, otherwise than for crime whereof the parties shall have been duly convicted shall be, and are hereby forever prohibited within this State. Sec. 34. The li ijits and boundaries of the State shall-be and remain as they now are. Sec. 35. AH courts shall be open, and every person lor an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and fright and justice administered without sale, denial,' or delay. ' - Sec. 36. No soldier shall, in time of peace-- be quartered in any house without the Consent of jthe owner ; nor in time of , war, but in a manner prescribed by law. I, ec. 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 tho people. - f ARTICLE IL LEGISLATIVE DETAKTMENT. Section L: The Legislative authority shall be vested in two distinct branches, both dependent on the people to-wit ; a Senate and House of Rep resentatives, ' Sec. 2. The Senate and House of Representa tives shall meet annuaj.lyon the third Monday in November and when assembled, shall be denom inated the General Assembly. Neither House shall proceed upou public business,! unless a rha jprity of all the members are actually present. ' See. 3. (The Senate shall be composed of fifty Senators biennially chosen by ballot. Sec. 4. Until the first session of the General Assembly which shall be had after tjhe year 1871, the Senate shall bo composed of members elect ed from Districts constituted as follows : First District Perquimans, Chdwan. Pasquo tank, Currituck, Gates and Camden, shall elect two Senators. j Second District Martin, Washington and Tyr- rell shalLelcct one Senator. ' 1 Third District Beaufort and Hydo Bhall elect one Senator. . , - Fourth Disti ict Northampton spall elect one Senator. - . ' ' Filth District Bertie and Hertford shall elect one Senator. ! -. Sixth District Halifax shall elect one senator. Seventh District Edgecombe shall elect one senator. ' 1 ' Eighth District Pitt shall elect one Senator. Ninth District Nash and Wilson shall elect one senator. , -" . ' Tenth District Craven and Carteret shall elect two senators. ' . . ', Eleventh District Jones and Lenoir shall elect one senator. t , Twelfth District Duplin and Onslow shall elect one senaton i ; ' f - Thirteenth District Brunswick and New Han over shall elect two senators. j Fourteenth District Bladen and Columbus shall elect one Senator. ' --j Fifteenth District Robeson shall elect one senator. Sixteenth District Cumberland, Harnett and Sampson shall "elect two senators. Seventeenth District Johnston shall elect, one senator. ' i ' Eighteenth District Greene arid Wayne shall elect, one senator, m . Nineteenth District Franklin and Wake shall, elect two senators. A Twentieth Distyict Warren fehall elect orit seuator. '. j ' .-. - Twenty-first District Granville aud Person shail elect two senators'. I Twenty-second District Orange shall elect one senator. Twenty-third District Chatham, shall elect one 1 shall elect one senator; -:::- - f s Twenty-fourth District Caswe senator.'' ' 1" l-h - Twenta-fifth District Rockingham shall elect, one senator. j , . ... , Twenty sixth District Alamance and Guilford shall elect two senators. :: I r ' ' t'l Twcnty-geventh District Randolph and Mont gomery shall elect one senator. . "; i I s Twenty-eighth District Moore and Richmond shall elect one senaton Twenty-ninth DistrictTApson elect one senator.. P 4 ft - i and Union shall TWrtietlvlIMstrictMeckicnbhrg shall elect cue senator. - -a u - .- . Thirty-first District Cabarrus and Stanley shall elect one senator.. : 1 ' , '. ' i" f -. Thirty-second District Davie and" Rowan Bhall elect one senator. 1 i ' ,". j, ' Thirty-third Dist rict Davidsori shall elect one senator. j i - Thirty-fourth District Forsyth e and Stokes -shall elect one senator. 1 i . i:l : Thirty-fifth District Surry Mid Yadkin shall elect one senator, j l? -i u j f - r Thirty-sixth District Alexander and iFedell iball elect one senator v.. I k5-I'l ! ; I c f ' Thirev-seventh District Catawba, Gaston and Liricoln shall elect one isenatorli I V , , i Thirty-eighth- .Districtr-Cleaveland, Polk land -Jttuiuerjoru buui ciuw ovuivi , t , ,t Thirty-ninth District Alleghany 'Ashe, and WlUtet ihali elect ont 6eaaior. j . s ( 4 Fortieth DistrielBnncornhft: p.nrfprunn r.a Transylvania sbjill elect one senator, j Forty-first District Burke,! Caldwell and Wa tauga Bhall elect one senator. 1 Forty-second DUtrict Madison, Mitchell, Mc Powell and Yancy Bhall elect one senator. , Forty-third f District Clay, Cherokee, Hay wood, Jacksoirt v and JIacon shall elect one sen- I See. 5. An enumeration of the inhabitants of the 8tete shall be taken undef the direction of the General Assembly in the year one thousand eight hundred and seventy-five, aud at thend of erery ten years thereafter; and the said Senate pistricts, shall be so altered, j fby the. General As sembly; at the first session - after the; return of. every enumeration taken as aforesaid, or by order Of Congress, that each Senate District shall con- another enumeration, and shall at all times edn- 1 tiat of ntiguoiis territory ; and' n6 county shall vuviaca in tmc lormauon ox a senate Ulstrict, Unless Baih county shail be,eq,nitable , entitled to fro or more .senators. . , r 1 i Sec 6. House ot Representatives shall be cohi bosedjof one; hundred and twenty RenresentatiTes, biennially trhoseh by ballot, to be elected by t.he counties respectively, according to their popula tion, and each county 6hall have at least oue Rep rcseixtative in the house of Representatives, al though it may not contain the requisite ratio f representation ; this apportionment shall be made by the General Assembly at the respective times and periods when the. Districts for the Senate are hereinbefore directed to be laid off. I i.Sec". 7. In making the apportionment in the House of Representatives, the ratio of represen tation shall be ascertained by dividing tho amount bi the population of the State, i exclusive of that comprehended within those counties which do not severally contain the one hundred and twen tieth part of the population of the State by the number of Representatives,1 less the number, as signed to such counties ; and is ascertaining the number of the population of the State, aliens and Indians not taxed, shall not be included. To each county containing the said ratio and not twice the said ratio, there 6hall: be assigned' one representative ; to each county i containing twice but not three times the said ratio, there shall be assigned two representatives, and so on progres sively, and then the remaining representatives shall be assigned severally to the counties hav ing the largest fractions, j .Se& 8. Until the General assembly shall have made the apportionment as hereinbefore provi ded, the House of Representatives shall be com posed of members elected from? the counties' iri the following manner, to wit : j I The county of Wake shall elect four members the t counties of Craven, Granville', Halifax and New. Hanover shall elect three members each: the counties of Caswell, Chatham, Cumberland, Davidson, Duplin, Edgecombe,! .Fianklin, Guil ford, Iredell, Johnston,lecklenburg, Northamp ton, Orange, Pitt, Randolph. Robeson, Rocking ham, Rowan, Warren and Wayne shall elect two members each ; the tountics of Alamance, Afcx- ander, Alleghany, Anson, Ashe, Beaufort, Bertie, Bladen, Brunswick, Buncombe, Burke, Cabarru?, Caldwell, Camden, Carteret, Catawba, Cherokee, Chowan, Clay, Cleveland, Columbus, Currituck, Davie, Forsyth, Gaston, Gates Green, Harnet, Henderson, Haywood, Hertford,1 Hyde, Jackson, Jones, Lenoir, Lincoln, Macon, Madison Martin, McDowell, Mitchell, Montgomery, Moore, Nash, Onslow, Pasquotank, Purquimans, Person, Polk; Richmond, Rutherford, Sampson, Stanley Stokes, Surry, Transylvania, Tyrrell, Union, Washington, Watauga, Wilkes, Wilson, j Yadkin andj Yaricy shall elect one member each. i Sec. 9. Each member of the Senate shall be not less than twenty-nyc years of age, shall have fesided in the State as a citiren' two years, and shall have usually resided in the District for which he is chosen, one year immediately prece ding his election. ' ! ' Sec, 10. Each member of the House of Rep resentatives shall be qualified eloctor of the State,5 and shall have Tcsided in the1 county for which he is chosen tor one year immediately preceding his election. . Sec. 11. In the election of all officers, whose appointment shall be conferred upon the General Assembly by the Constitution, the vote shall be viva voce. .' ' . i Sec. 13. The General assembly shall have pow er to pass general laws reguiating divorce and alimony, but shall not have power to grant a di vorce or secure alimony in any individual case. Sec. 13. The General Assembly shall not have power to pass any private law to alter tho name of any person, or to legitimate any person notborn in lawful wedlock, or to restore to the rights of citizenship any person convicted ot an infamous crime, but shall have power to pass gen eral laws regulating the same. ; ., Sec. 14. The General Assembly shall not pass any private law, unless it 6hall be made to appear that thirty days notice pf application to pass such law 6hall have been given, under such direc tion, and in such manner as shall be provided by law. ,Sec. 15. If Vacancies snail occur.in j the Gene ral Assembly by death, resignation or lothrwise. writs of election shall be iesued by the Govenor under such regulations as. may bo prescribed by law. I Sec. 16. No law shall be passed to rjuse money on the credit of the State, or to pledge the faith of the Slate direct ly or indirectly fqr the pay ment of any" debt, or to impose any tax upon the people of the State, or to allow the comities, cit ies or townB to do so, unless the bill for the pur pose shall have been read three several times in each House oi the uenerai Assemmy ana passea three several readings, which readings shall have been on three different days, aud agreed to by each House respectively, and sunless; the yeas and nays on. the second and third readings! Qt tlie bill shall have been entered on the Journa . Sec. 17., The General Assembly shall regulats entails in such manner as to prevent p'erpetuties. Sec. 1 18. Each house shall keep a journal of ite proceedings, which shall be .printed and made Sublie immediately after the adjournment of the encral Assembly. j - . I Sec. 19. Any member of either house may dis sent from, and protest against, any act or resolve, which he may think injurious to the pbblie or any individual, and have the reasons of pis dissent entered upon the Journal. Sec. 20. The House of Re jresentatives shall choose their own Speaker an Sec. 21. The Lieutenant-G )vernoif shall pre side in the Senate, but shall h ive no jvote, unless it mav be couallv divided. Sec. 23. The Senate shall choose its other offi cers, and also a speaker, (pro ternporel) in the ab gence of the Lieutenant-Governor, or when he shall exercise the office of Governor. Sec. 23. The style of the acts shall be "The General Assembly of North Carolina no enact." Sec. 24. Each house shall bfe judge of ,the qual ifications and elections of its own m rubers, shall tit upon its own adjournment from day today, billa to be Dassed into laws, and the two houses may also jointly adjourn to any future day, or other place. I - gee 25. All bills and resolutions of a legisla tive nature shall be read three times in each house before they pass into laws ana snail De stgnca oy the presiding oihcers oi ootn uouscsl 8ee56. Each member of the General Assem blv. before taking his scat, shall take an oath or affirmation that he will support the constitution unA laws of the United StatesJ anaVtne constitu tion of the State of North-Carolina and will faith fully discharge his duty as a member pf the sen ate or house of representatives. I See. 27. Theterms of office for Senators and members of the House of Representatives shall commence at loo ume oi men eiu-liuu ; auu, mc term of office bf those elected at th first election held under this constitution the same time as if they had hall terminate at een elected at the first ensuing regular election. Sec 28. Upon motion ma c and seconded in either House, oy one-nun oi he members pres- ent. tho veas and nays upon uv Question shall be taken and entered upon th 8ec 29.;The election lor m journals. rubers of the Gen- eral Assembly shall be held lb the respective dis- tricts, arid counties, at the pi es where they are now held, or mav be dir cted ereafterto be held in such manner as may be prescribed by law, on the. fifRt Thursday in -August, in the year oae trtnnr) elsht hundred and ieventv. and feverv two years thereafter.: ;;But the General Assembly may change the time of r holding the elections The. first election shall be held , when the! vote shall be taken on the ratification qt this consti tution by the voters of the State, and the General Assembly men eiectea, snau meet, on me uuwuui day aftei; the approval - thereot byj the Congress ol the United &tates, if It fall iot a 8uudT but if it shall so fall,, then on the next day thereafter, and the members then elected- shall hold their Scats until their successors are elected at a regu-r lar election, i J ARTICLE 111 EXECUTIVE DJEPABTMET. Section 1. The Execntivo" Department; shall consist of a Governor (in whom shall1 be vested the Supreme executive power i of the State ) a Lieutenant Governor,- a Secretary of 'State, , an Auditor, a Treasurer, a Superuitenaent of Public Works, a Superintendent of Public instruction and an Attorney Genera' who shall be ' elected for a term of four years, by the qualified electors of the State, at the 6ame time and places, and in the same manner as members ot the General Assembly are elected. Their term of office shall commence on the first day of January next, after their election, and continue until their successors are elected, and qualified: presided, that the officers first elected, shall assume l the duties of theiroffice tea days after ; the, approval ; of this Constitution by the Congress of ,the United Stales, an dshailhold their offices four years from and after the first day ofJanuary 1869. r - Sec. 2. No person ehaH.be eligible as Govern or or Lieutenant Governor unless he shall have attained thtrage of thirty years, s,hall have been a citizen pi the United States five years, arid shall have been a resident ol this State for two years next before the election ; nor Bbaty the person elected to either of these two offices bo eligible to the same office more than four years in any term of eight years, unles the office shall have been cast upon him as Lieutenant Governor or Prcsd entof the Senate. y x Sec. 3. The return of every clectiori for officet of the Executive Department shall be scaled up and transmitted to the seat of Government by the returning officers, directed to the Speaker of the House of Rtpresetitatives, : who shall open and publish the Bame in the presence of a majority of the members of both Houses of the" General Ass embly. The persons having the highest number of votes respectively, 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 Assembly. Contested elections shall be determined by a joint vote of both Houses-of the General Assembly, in such manner as shall be prescribed by law. I Sec. 4 The Governor, before entering upon the duties of his office, shall, in the presence jof the members ot both branches of the General Assm bly, or before an 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 faithfully perform the duties appertaining to the office of Governor to which he has been elected. Sec. 5. The Governor ehall reside at the scat of government of this State, and 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 have power to grant reprieves, commutations and pardons, after conviction, for all offences, (except in cases of impeachment,) upon such conditions as he may think proper, subject to suchfregulat ions as may be provided by law relative to the manner of ap plying for pardons. He shall anually communi cate to the 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. Sec. 7. The officers of the Executive Depart ment and of the Public Institutions of the State, shall at least five days previous to each regular session of the General 'Assembly severally report to the Governor, who shall trasmit such reports, with his message, to the General Assembly ; aad the Governor may, at any time, require informa tion in writing from the officers in the Executive Department upon anv subject rfclatinir to the du ties of their respective effices, and shall take care that the laws be faithfully executed. Sec. 8. The Governor Bhall be commander-in-chief of the militia of the State, except when they shall be called into the service of the Uuited States. Sec. 9. The Governor shall have power, on ex traordinary occasions, by and with the advice of tlie Council of State, to convene the General As-J s embly, in extra session by. bis proclamation, stating therein the purpose or purposes for which they are thus convened. Sec. 10. The Governor shall nominate, and,, by and with the advice and cpnsent of a majority of uie, oenaiors eicct, appoint an oincers wnoseon ces are established by this contitution, or which shall be created by law, and whose appointments are not otherwise provided ior, and no such- offi cer shall be appointed or elected by the General Assembly. J .,'"'.' aec. ii. ine Lieutenant uovernor shall be President of the Senate, but shall have no vote unless the Senate be equally divided. He 6hall whilst acting as President of the Senate, rective for his services the same pay which shall for the same period, oe allowed to the speaker oi the House of Representatives, and he shall receive no other compensation except when he is acting as Governor. ? : Sec. 12. In caso of the impeachment of the Governor, his failure to qualify, his absence from the State, his inability to discharge the duties of his office, or m ca6e the office of Governor shall in anywise become vacant, the powers, duties and emoluments of the office shall devolve upon the Lieutenant Governor until the disabilities 6hall cease, or a new Governor shall be elected and qualified. In every case in which the Lieu- tenent Governor shall be anable to presideover the Senate, the Senators shall elect one of their own number President of their body; and the powers, duties, and emoluments ol the office of Viovcrnor snau aevoive upon mm wnencver iue Lieutenant Governor shall, for any reason, be prevented from discharging the duties of such omw as above provided, and he shall continne 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 of the General Assembly, it shall become necessary fora President of the Senatc to administer the Government, the Secre tary of State shall convene the Senate, that they may elect such President. Sec. la. The respective duties or the secretary of State, Auditor, Treasurer, Superintendent of Public Works, Superintendent of Public Instruc tion, and Attorney General 6hall beprescribed by law. If the office of any of said officers shall be vacated by death, resignation, or otherwise, , it shall be the duty of the Governor to appoint an other until the disability be removed or his suc cessor be elected and qualiiiicL Every such va cancy shall be filhsd by election, at thefirst gen eral election that occurs more than thirty days after the vacancy has taken place and the person chosen, shall hold the office for the remainder of the unexpired term fixed in the first .section of this Article. Sec. 14. The Secretary of State, Auditor, Treasurer, Superintendent of Public Works, and Superintendent of Public Instruction shall con stitute ex officio the Council of State, who shall advise the Governor in the execution Of his office, and three of whom shall constitute a quorum ; their advice and proceedings in this capacity shall be entered in a Journal to be kept for this purpose exclusively, and signed by the members present, from any part of which any member may enter his dissent ; and such Journal shall be placed before the General Assembly when called for by either House. The Attorney General shall be x officio : the legal adviser of, the 'Executive Department. ' . .. i Sec. 15V The officers mentioned in this Article shall, at stated periods, receive for their services a compensation, to be established by law,? which shall neither be Increased nor diminished during the time for which they shall have been elected, and the said officers shall receive no other emolu ment or allowance Whatever. , ' - ; Sec 16. There shall be a seal- of the State, which shall be kept: by the : GovernOri and used by him as occasion may require.- and Bhall. be called " the Great Seal of the Stateof North Carolina.'. All grants, and commissions shall be issued in the name and by the f authority of the State of North Carolina, sealed with ? the Great Seal of the State,' signed by the Governor and countersigned by. the Secretary of State. Sec 17. There shall be established in the office of the Secretary of State, a Bureau qf Statistics, Ajfrriculture and Iminigration, under euch regula tions as the General Assembly may provide. , ARTICLE IY. Section 1. The distinction between actions at law and suits in equity, and the forms of all such actions and suits pball be abolished, and there shall be in this State but One form of action, ior the eriforcment or protection 'ot ' private righta . or the redress of private, wrongs which shall be -denominated a civil action; and every action prosecuted by the people of the 8tate as a fcrty, . against a person charged with a public offence, ior the punishment of the same, shall be termed a criminal action. Feigned Issues shall also be , abolished and the fact at issue be tried by order of court before a jury. ; v : ; Sec-2. . Three Commissioners shall be appoint cd by this conventioa to report to tbe General Assembly at its first session after this Constitu tion 6halr bc adopted by -the people, rules of practice and procedure is accordance with the provisions of the foregoing section, and tho con vention shall pro tide for the Commissioner a reasonable compensation. :- Sec 3. The same commissioners shall also re port: to the General 4 Assembly as soon as practi cable, a code of lawiof North Carolina. The, Governor shall ihave ! power toMlll the vacancies : occurring in this Commission. , - Sec 4. The judicial power of the State shall be vested in a Court for the trial of Impeachments, a Supreinc Court, Superior Courts, Courts of Just ices of the Peace and Special .Courts, - "'. ! Sec 5. The Court for the trial of iaipeachmcnts 1 shall be the Senate;- a majority of tho members shall be necessary to a quorum, and the judgment shall not extend beyond removal trom, and dis qualification to hold office in this State ; but the party shall be liable to indietment and punish ment according to law. , Sec 6. The House of Representatives solely, shall have, the power ot inipcaching. No person -. shairiae convicted without the concurrence of two-thirds of the Senators present When the Governor is impeached tho Chief Justice shall preside. 1 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 open court. No conviction of treason or attainder shall work corruption of . blood or forfeiture. Sec 8. The Supreme Court shall consist of a -Chief Justice and four 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 iublic interest may require. . ' ' . .. " I, Sec. 10. The Suprene Court shall have juris diction to review, upon appeal, any decision of - the (Jourts beiow,;upou any matter ol law or legal inference; but no issue Of fact shall.be tried be fore this court ; and the court shall have power to issue any remedial writs necessary, to give it a general supervision and control of the Inferior courts.' -i ... Sec. 11. The Supreme Court shall hav. original jurisdiction to hear claims against the 8tate, but its decisions' shall be merely recommendatory ; rio 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. . y Sec. 12. The State shall be divided into twelyer udicial districts, for each ot which a Judge shall be chosen, who 6hall hold a Superior Court in each county in said District, at least twice in each year, to continue for two weeks, unless the busi ness shall be sooner disposed of. Sec. 13. Until altered by law, the following shall be the Judicial Districts,: . ; v First District. Currituck,; Camden, Pasquo tank,' Perquimans, Chowan, Gates, Hertford, Beriie. ?.- Second District. Tyrrell, Hyde, Washington, Beaufort, Martin, Pitt, Edgecombe. v Third District Craven, Carteret, Jones, Ons low Greene, Lenoir, Wayne, Wilson. v . " Fourth District-Brunswicki New- Hanover, Duplin, Columbus. Bladen, Sampson, Robeson. Fiftl District Cnmborland, IlamftL. ' Moore. RichmondAnson, Montgomery, Stanley, Union. Sixth District iNorthampton, Warren, Hali fax, Wake, Nash, Franklin, Johnston,' Granville. Seventh District. Person, Orange, Chatham, Randolph, Guilford, Alamance, Caswell, Rock ingham. ' - Eighth District Stokes, Forsythe, Davidson, Davie, Rowan, Yadkin, Surry. ; -. Ninth District OatawDa, Cabarrus, Meeklen, burg, Lincoln,' Gaston, Cleveland, Rutherford, Polk; , - n .-. - Tenth District. Iredell, Burke, Caldwell, Wilkes, Alexander, McDowell. . 2 i 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 tot the Legislature at its current or next session, may require any judge to hold one or more speci fied terms of said courts in lieu of the Judge in whose district they are, , . ' :, Sec. 15. The Superior Courts shall have exclu- Bive original jurisdiction w ait civil actions, whereof exclusive original jurisdiction is not given to some other Courts; and of all criminal actions, in which the punishment may exceed a fine of fifty dollars or imprisonment for one month. . ".'''" Sec. 16. The Superior Courts shall have appel- lateijurisdictionof all issues of law or fact, de termined by a rrooate Judge or a justice or the Peace, where the matter in controversy exceeds twenty-five dollars, and of matters of law in all cases. , Sec. 17. The clerks of the Superipl Courts shall have jurisdiction of the probate of deeds.- the granting bf letters testamentary arid Of ad minis- -tration, the appointment of guardians, the. ap prenticing1 of orphans, to. audit the accounts of . .i - . .j , I . ' a . executors, aammioiraiura anu. guaraians, ana oi such other matters as shall be prescribed by law. All j issues of fact joined before them jshall be" transferred to the Superior Courts for trial, and appeals shall lie to the Superior Court from their judgments in all matters of law. , Sec. la. In all Issues of tact, Joined In any court, the parties may waive the right to have the Bame determined by jury, in which case the finding of the judge upou the fact, iphall have the force and effect of a verdict of a jury,' Sec 19. The General. Assembly shall provide for the establishment of Special Courts, for the . trial oi misdemeanors, in cities and towns, where the same may be necessary . , , Sec. 20. The Clerk of the Supreme Court shall be appointed by .the Court, and shajfi hold his of fice lor eight years. " , - Sec. 2L A Clerk of the Superior Court for each County, shall be elected by the qualified voters thereof, at the time and in the manner prescribed by law forthe election of members of the General Assembly. ; ' ' : v . . ' r. Sec. 22. Clerks bf th? Superior Courta shall hold their offices for four years. ' ''"' . Sec. 23. The General Assembly shall prescribe and regulate the' fees, salaries, and emoluments of all officers provided for in this article ; but the salaries of the Judged shall not be diminished during their continuance la office. Sec. 24. The laws ; of North Carolina, not re pugnant to this Constitution; .or to the Constitu tion and laws ot the 'United States, shall be in force until lawfully altered. . V, Sec. 25. Actions at law, and suits in equity, pending when this Constitution shall go into ef fect, shall be transferred to .the Courts having jurisdiction thereof, without prejudice by reason . of the chahgcpaud'allBUch actions and suits, commenced before, arid pending at, the adoption by the General Acsembly, of the rules and prac tice and procedure; herein provided for; shall be heard and determined, according to the practice now in iise, urilessotJaerwise provided forby said rules. -- , : i - ; Sed. 26. The Justices of the Supreme Court shall be elected by 'Uie .qualified voters of the -State, as is provided lor the election of members s of the General Assembly. - They shall hold their offices for eight years. The Judges -Of the Supe rior Courta shall be elected in1 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 whicli shall hold office, for lour y eare the other for.eight years. - U I Xi Conclude mfBurtSfqfi ' " V: an it i