Newspapers / The Wilmington Post (Wilmington, … / April 12, 1868, edition 1 / Page 4
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WILMINGTON POST. WILMINGTON. N. C. APRIL 12, IS68. Constitution of North . Carolina. ' Continued from fir&tpagc. . ' : ficc, 21 The General Assembly inay provide by law that the Judges of the Superior Courts, ; in stead of being elected by the voters of the whole State, as is herein provided for, thall be elected bySthe voters ef their, respective districts, ; i , Sec. 28.. Tho., Superior Courts shall be at all times, open for the transaction of all business, within their jurisdiction, except the trial , of is sues of fact requiring a jury, y ; Sec 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 ; 6hall hold oflcc for the term of four years, and prosecute on1 behalf of the State, iu all criminal actions 1a the Superior Courts, antd advise the offices of justice in his district; , In eacn countv a fc-ncrin ana CJoroner, shall be elected by the qualified voters thereof -1 as is -Drescribed , cribed or members of thcGencial As- h sembiyi ana snail aoia tneir omces ior two years. In c&eh township there shall . be .a ; Constablt, elected in like manner by the voters thereof, who shall hold his office for two years. When there is no Coroner in . the county, the Clerk , ot the for special cases. j;In case of a vacancy existing for any cause, in any of the offices created by his section, the Commissioners for the county jthay appoint to such offices for the unexpired term. . Sec. 31. All vacancies occurring in the offices provided lor by this Article of this Constitution shall be filled by tho appointment of the Govern-; or, unless otherwise provided for, ank . the ap pointees shall hold their places nntii the next reg ular election. s f ' :; I T" ' , : Sec 83. The officers elected at the first elcc-; tion held under this Constitution, shall hold their offices for the terms prescribed for them respec tively, next ensuing after the next regular elec tion for members of the General Assembly. But their terms shall begin upon the approval of this Constitution by the 'Congress ot the, 'United States V" ' ,--:-- '--'v ,' ! : "-f- ' Sec. 53. The scveralJustices of the Peace shall have exclusive original jurisdiction under 'such regulations as the. General Assembly shall pre scribe, ofall civil actions, founded on contract, wherein the sum demanded shall not exceed two hundred 'dollars, and therein the title to real -estate shall not be m- controversy ; andfof all criminal matters arising within their counties, where the punishment cannot exceed a fine of fifty dollars, or imprisonment for one month W hen an issue of fact shall beioined before a Justice, on demand of either party thereto, he- suaii cause a jury ot six mca to he summonca, who "shall try the 6ame. The party agairst whom judgment sfyall be rendered in any civil taction, iaav aoocal to the Sncerior Court trorn the same. I and, If " thta Judgment " shall exceed twenty -five i dollars, there may be a new trial of the whole mat ter in tne appellate court; out u the- judgment shall be for twentv-five" dollars or less, then the j- case shall beheard in the appellate court; only ? upon matters of law. .In all cases of a criminal nature, the party against whom judgment is giv en may appeal to the Superior Court, where the matter shall be heard anew. In all cases brought - before a justice, he shall make a record of the proceedings, and file the same with the Clerk of the Superior Court lor m& county. Sec. 34. .When the. office ot Justice of the Peace shall become vacant, otherwise thaii by ex piration of the term, and in case of the failure by the voters of 'any district to elect,- the clerk of the Superior Court for the county, shall appoint ; to nil tne vacancy tor tne unexpired term. Sec. 35.; In case the office of clerk of a Sttperior Court for a county shall become vacant, other wise than by the expiration of the termj and in case of a failure by the peeple to elect, the Judge of xne oupenor; uourt lortne county shall ap point to fill the vacancy until an election can be rcgraariy hem. 1 x i. I ... AllTICLE V. fiBVEIiUE AND TAXATION. Section L The General Assembly shall levy a a capitation tax ostevery male inhabitant of the State .over twenty-one and , under fifty years of as:e, which Bhall be equal on each" to the tax on property valued at three hundred dollars in cash. The Commissioners oi tne several counties may - exempt from capitation tax ibt special cases, on account of poverty and inflrrhity; and the State ''vand county capitation tax combined, shall never exceed two dollars on the head. - : : Sec. 2. The proceeds of the State and . County , . nQTltntlnn ciiTl YtPt BfnliPf1 tr flip nnmncni n-f J j - - ! . J II.. T 4.1.-. s . vuucauuu uuu uxc suppui i, . iuu pour, uui in uu V one year snail more tnan twenty -nve per cent. thereof be appropriated to the latter purpose. ' Sec. 3. Laws shall be passed taxing, by a uni form rule, all monies, credits; investments in bonds; stocks, joint stock companies or other wise ; and, also, all jjeal and personal property, . cral Assemblv mav also tax trades. -Drofessions. w r jk. . . corny shall be taxed when j the property from which the income is derived,1 is taxed. I Sec. 4. The' General Assembly shall, by appro priaie legislation ana dv aaequatc taxation, pro vide for the prompt and regular payment of the interest on the public deot, ancr alter the year 1880, it shall lay a specific annual tax upon 1 the real and personal property of the State, and the sum thus' realized shall be set apart as a sinking fund, to be devoted to the payment of the public debt. . . - i .i v : , . ' SeC. 5. Until the bonds, of the State shall be al par, the General Assembly shall have -no power to contract any new debt or pecuniary obliga tion in behalf of the State, except to supply a cas ual aencit, or lor suppressing invasion or insurrec lion, unless it shall.iln the'samc bill levy a spe cial tax to pay the interest annually. And the General Assembly shall have no power to give or lend the credit of the State in aid of any person, association or corporation,texcept to aid in the completion of such railroads as may be unflin- lsned at the time ot the adoption of this Const! tution, or in which the State has a direct pecu niary interest, unless the; subject be submitted to a direct vote of the people i of the State, and be approved by a majority , Of thos'c who. shall vote thereon. -. M : ' - Sec. 6. Property belonging to the State, or to municipal corporations, shall be exempt -from taxation, j. ho General Assembly may exempt cemeteries, ana tne property neia ior educational, s.cientinc, literary.,; cnantame, or religious pur Jvws j l"V M.i4tjj f '.'ui tl, alius lJl IXlUOLCi, household and kitchen furniture, the mechanical and agricultural implements of mechanics and farmers, libraries and scientific instruments, to a vaiue oi not exceeding tnrec nundred dollars. Sec. 7. The taxes levied by the Commissio- ; ot the several counties, for county p 'flCrs shall be levied in like manner witl .-.urP0:,e.s taxes and shall never, exceed '4 the f I the State "State tax, except for a special j ohle j or the the special approval of the r urpose, and with Sec. 8. Every act of general Assembly, lcyying a lax, .shall - -no General Assembly, which it is to be a- .,BP?? Djcctv t0 to no other pu- : Vplied, and it shall be applied ,-Poee. ? k . , r , ....... ; . ARTICLE VI. 1" tUrrRAGE' AND ELIGIBILITY fO OFPICE. . Section 1. Every male person born In the Uni ted States and every male- person who has been naturalized, twenty-one years.old or upward, "who shall have Tesided in this j State - twelve months next precedinc: the election, and thirty days in the county in which he ofTcrs to vote, shall be deemedan elector. it i ' ' Sec. 2. It shall be the duty of the General As sembly to provide from time to tlmefor the reg istration of all electors, and no person Bhall be allo wed to vote without registration, or to regis? tcr,' without first taking an oath or affirmation to support and maintain the constitution' and laws f 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 the General Assembly shall be viva . voce.1 : ' " ' -' - ' . ' , Sec, 4, Every voter, except as hereinafter 'pro vided shall be eligible to office, but before enter ing upon the discharge of the 1 duties of his of fice, he shall take and subscribe the following oath if "I, do solemnly iswear for affirm) that I will support and maintain the Constitution ana iaws-Of the united fetates and the i Constitu tion and laws of North Carolina not inconsistent therewith; and that I will faithfully discharge the duties of my office. So help me God. .. . , , , -Sec. 5.'.Fhe tollowing : classed of persons shall be dtoaualifiectfor office : First. AH persons who ehall deny the ocing ot Almighty God. BecOad. All ptriosi who khaU hav9 been convicted oi JKi'tlff,H treason. Deriunr.- or xJf aritiother infamous crime, since becoming.citlzens ot the. United Statest)r of corruption ormaj-pi-acuce in icmcc,- mueso, such persons shall have been legally restored to? the rights of citizenBhip.iiRa tw .ill-!f)v h-j-iH article -yito Sec. 1. In each County, there shall be elected, hlftimlallv. bv th xittalified voters thereoi. as prbvidedfor the election ol members of the Gen eral Assembly,. the following .officers : A Treas urer, Register of Deeds, Surveyor and Five Com missioners. x -,t A Sec. 2. It shall be the duty of the Commission- r ra to exercise a erenerat supervision? and control of the penal and charitatableinatituUons, Schools, Roads, Bridges, levying of taxes and. finances of tne county, as may oe prcscrjoea oy :aw.--au Register ol Deeds shall be ex officio Clerk of the board of Commissioners. . : o i rr.it tr-iffi Sec. 3. It shall be the duty of the commission- . mm V . A . i. J! " J iLn era. nrst eieciea in eacn coumjviu omuts n same into convenient districts, to determine the boundaries and prescribe the names of; the, said districts, and to report the same; to we; uenenu , Assembly before the first day of January, 1869. Sec 4. U pon uie approval 01 uie reports prp- vided for in the foregoing sectioa. by the Gener al Assembly, the said districts shall have corpor ate powers for the necessary purposes of local! guy wuuicMt auu " uZrnn XCl tw. nially elected, by the qualified voters thereol, a Clerk and two J ustices of 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; Toads and bridges" of the Township as, may be prescrioea by law. The G enteral Assembly may provide for the. election of a larger number of Justices of the Peace in cities and towns and in those Townships in, which cities and towns,are situated, .in every. Township there shall also be bienially elected a School committeeiConsistlugj oi tnrce persons whose duties shall be prescribed by law. f assess the taxable property of their townships and make return to the County Commissioners, for re vision as may be "prescribed by law. T'he Cldrk shall also be ez o-Qlcvo t reasurer ot the townships occ. i. no couniy, city, iown,ioT omer muni cipal corporation 6hall contract aa debt, pledge its faith, or loan its credit, nor shall any tax be levied, or collected by any officers of the sanKv ex cept lor the necessary expenses thereof, unless by a vote oi a majority ot tne quaimea voters tncrein ec. 8. JNo money suiall be drawn trom any county or Township Treasure,, except by author lty ot law. - Sec. y. All taxes levied by any county, city, town or township, shall be uniform, and ad valo- rem, upon ail property in tne same, except pro perty exempted by this Constitution. r x . bee. 10. Tne county officers first eiectca'tinder the provisions oif this article shall enter upon their duties ten days after the : approval of this Constitution by the Congress of the 137 States Sec. 11. The Governor shall auDoint a sufficient number ol Justices of the reace in each ccranty who shall hold their places until sections four, nve ana six-oi this Article shall have becncai- ried into effect i , ; -,a - Sec. 12. All Charters, ordinances, and -provi sions relating to municipal corporations shall .re main in force until legally changed, unless incon sistent withthe provisions ot this Constitution. Sec. 13. No County, City, Town or other; niu nicipal corporation, shall assume or payj orsliall any tax be levied, orxjollectedfor the payiA(?ntof any debt, or the interest upon any debt, contract ed directly or indirectly m aid or support olthc rebellion.. . .... ... . 1 . . : ARTICLE VIlL . 1 ' C0IU'0iiATI0'S 0THEB THAN MUNICIPAL r Section Incorporations may be formed under general laws,' but shall not be created by special act, except for municipal purposes, and in cases where, in the judgment 'ot the Legislature, the ob jects of the corporations cannot be, attained un der general laws. All general laws and special acts passed, pursuant to this section, may be ;alT tered? from time, to time or repealed. ? i y , Sec. a. Dues irom corporations shall be sccnr cd by such individual liabilities of the, corpora- tionsand other means, as may be prescribed by law eec. 3. lne term corporation as used in this Article, shall be construed to include all associa tions and; joint stock companies having anycot the powers and - privileges ol corporations not possessed by individuals or partnerships And air corporations shall have.thc right to sue, and shall be subject to be sued, in all courts, in like cases as natural persons. Sec. 4. it shall be the duty of the Legislature to provide for the organization of cities, towns and incorporated villages, and to restrict their power of taxation, assessments, borrowing mon ey, contracting debts, and j loaning their credit, so as Jo prevent abuses in assessments and con tracting debts by each municipal corporation. AKTICLE IX. - n ' ; EDUCATION. Section 1 Reiisrion. morality and knowlcirc being necessary to good government and happi ness of mankind, schools and the means of edu cation shall lorever be enconrajred. 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 oi ruDiic scnoois, wherein tuition shall be tree ot charges to all the children of the State between the ages, of six: and twenty-one years. "i oec. 6. -kacn countv ot tne State shall be divi ded into a convenient number of districts, in which one or more Publifc Schools shall be rnain- " " v". J 1 if the Commissioners ol any county shall fail ta comply with the aforesaid requirements of this section they shall be liable to indictment. Sec. 4. The proceeds of all lands that inav have been, or hereafter may be, granted by the United States to this State and not otherwise specially appropriated by the. United States or heretofore by this State; also, all monies, etock3, bonds and other property now .belonging to any fund for purposes of education ; also, the net proceeds that may accrue to the Stat, trom sales of es trays, or from fines, penaltia and forfeitures : also, the proceeds of all ssles of swamp land? belonging to the State; also, -au money that si 41 pe paia as an equivalent ior, expemptlona military duty ; also, all grahtw.eifts and that may hereafter be madofr this Stato. Irom otnerwise aporopriated bv tc erar.t. , vise, 'shall be securely invested and r cSd1 v nrt" served as an irreducable luhcJ, tbK &r , t zl7 of which, together with so.Vf JthS?e revfenne of the Statftfls m' .. r'f tUe Ordinary faithfully appropriated "be fecting education in' WT1" MSrIS; W pTca or SeC. 5. -ThO .VUnifff -KTW-n. ri; ' r..,. 'SvS 'ro1 f tState, and shall be held to an lilac ;v h.lv.. 5, jjmiuiu ; tuuucuMuu . vu -,v J rce . JrllDllC chool system of, the State. f H 1 1 i " i Sec 6. The General Assembly Bhall provide that the benefits of the University, as far as practi cable, be extended to the youth ot the State free of expense for tuition ; also, tht ai the property which has heretofore accrunt. -to th4Statc, or shall hereafter accrue irom r.neats, unclaimed dividends or distributive shar of the estates of deceased persons, shall be. ooropriated to the us of the University. , f Sec. 7. The Governor, Untenant Governor, Secretary of State, Treas urer, Auditor, Superin tendent of Public WorttB; Superintendent of Pub lic Instruction and Attorney General, shall con stitute a State Board of Education. : I - Sec. 8. The GovemorBhftll, be President and the Superintendent of Puhlt Instruction shall be Secretary of the Board of Kducation. Sec. 9. The Board of Education shall succeed to all the powers and trusts ct the President and Directors Of the Literary Fund of North CarolK na, and shall have full powe to legislate and -make all needful rules and regulations 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, amended or re pealed by the General Assembly, and when so al tered, amended or replcaled, they shall not be re enacted by the board. ' t l . SCc 10. The first session of the Board of Edu cation shall be held at tho capital of the State within fifteen davs alter the organization of the State Government under this Constitution; the time of future meetings may be determined by the Board. .v. dt-....... .; .t- v-: ; Sec 11. A majority of the :Board shall con stitute a quorum for th transaction of btisiness. Sec. 12. The contingent expenses of the Board shall be provided for by the General Assembly. Sec 13. The Board of Education shall elect Trustees - for the University as follows : One Trustee for each county in the State, whoso term of office shall be eight years.' iTherst- meetinjcH oi tne eoara Bnan oe neia witniu ten iv) aays alter their election," and at this' and every subqucnt meeting, ten Trustees shall constitute a quorum. The Trustees, at their first meeting shall bd divi ded as equally as may be into four jciassei Thr seati ot lh flret clus ihall be vacated at the cx- piraUoQot two. y;lpihMecond clasJ, althe expiration oi lour years; or tne tmra ciass, at tne exiration of ix yearf $ of. tbourth class t the expiration of eighty cars; so that one-fourth may be chosen every second yea:. ,, , ! sec. 14. me uora or Education ana tne r resi dent ofithe University shall be ex officii members of the Board of Trustees ot the UniTersity;1 and shall, with three other Trustees, to be appbintei. by the Jjoara-oriTustees; constitute- tne execu tive Committee of the Trustees of the Universi ty of North Carolina, and ? shall be clothed with he pdwers delegated to the Executive Committee under the exsting organization pf ttt Institn- ion. 'The4 Governor 6hall be ea: &ffUM President of the l5oard6f Trustees and Chalrmari 6f theEx- ecutive Committee of the University? The Board of Education shall provide "tor the more perfect organization of the Board of -Trustees jH Sec.il5. ! All the ipriviieges, -rightifrinchlses and endowments heretofore' granted to, "or con ferred tipori the Board ot Trustees of the Unlyer-. sity of N. Carolina by the Charter oflT89,or by any subsequent legislations, are hereby Tested in the Board of Trustees authorized by this - Constitu tion for thb perpetual benefit of the UnlvefteityP ? Sec. lb. As soon as practicable alter the adop tion of this Constitution "the General "Assembly shall establish and -maintain, in connection- with the University, a jpepartment oJAipicultnre ;oi Mechanics, bf Minlhsr and of Norm! Instruction. Sec. 17. The General Assembly Is hereby powered to I enact that every? child Opimlncietit mental and physical ability shall attend" the pub lic f .chools during the period between the ages 'f six and eighteen years for a term' of cot less-than sixteen monthey unless educated oy other-meanc ARTICLE X. v . I I10MESTEAD3 AXt EXEM1TI0X3. Section LljThpereOnaT pr6pertyu6fyi resi dent of thisfState to the, value of five hundred dollars, to be selected bv' suet residents, shall be and is hereby exempt froin sale under ; execution, w uwaui njiiuui. process oi any court, lssuyu iur . ec, a, jsvery Homestead and thclwelUj!ig and buHdirja used therewith, hot exceeding iu value one thousand dollars, to be selected by the jowner thereof, or ih lieii thereof, at the option -'of the uwucr, auy ih iu iue cuy, iqwu qi, village, wim the dwelling or buildings used thereon, .owned and occupied, by any residert of this .' Stale and not exceeding the value of one thousand dollars, shall be excepted from sale under exccutioiilor other final process) obtained , on any debtli But no property shall be exempt from sale for the taxes, or for I payment of obligations contracted for the purchase of said premises.! . ; '' m ' ; Sec. 3. The homestead 'alter the deathlbf the owner thereof, shall be exempt ftom the payment of any debt during the minority or his children or1 any one of them. ;. ; , . Sec. 4. The provisions of sections one" and tAvo of this article shall not be so" construed as to prevent a laborer's lien for work doiie and pertormca lor the person claiming such efcemp tion, or a mechanic's lien for work done On the premises." '. i. . ' ;" ... f Sec. 5. If the owner of a homestead dieO leav- ing.a widow, Ibnt no children, the same' shall be exempt Irom the debts of her husband, and the rents and profits thereof shall inure to heribene- lit during hcr widowhood, udIcss she be thei own er of u homestead in her owi right Sec. 6. The real and personal property Jf any female in thisj State, acquired before marriage, and. all property, real and personal, to which she may after marriage become; in any mannci enti v tied, shall be ahd remain the sole and seJaraW estate and property of such lemale, and shajl not be liable to" any. debts, obligations or erigage llieuts of her husband, and may b3 devised or be queathed, and, with the written assent of heyhus band, conveyed by her as if she were unmarried. , Sec. 7;. The, husband, may insure his own life for the sole use and .benefit of his wife and chil dren, and in case of the death'of thenusbaud the amount thus Insured shall be pad oyer to the wife and children or the guardian, if undefage, for her or their own use, free from all the claims ol the-represchtatives of her husbaad, or any of his creditors. V, ." . i Sec. 8. 'Nothing contained in the foregoing sec tion of this article shall operate to preve&t the owner ot a Homestead from disposing of thekme by deed, but no deed made by the ownerJof a Homestead shall be valid without the voluntary signature and assent qf his wile, signified on her j ARTICLE XI. rUNISEMESTS, INAtSKTUTIOXS AND ru bLIC i-H'.CHAiriES.,.-.: Section 1. The following punishments 0nly snail ue Known to the laws of this stntA t-w . Death, imprisonment, with or without hard labor, Uncs, removal irom OUlces and- dlsqualifioatiqn to hold and enjoy any ofiico of honor, trust brpro lit under this State.) ; - r- See. 2. The object of punishments being not only to satisfy justice, but also to relormi the olieuders, and thus prevent crime, murder, arson, burglary, and rapt,and those oulymay be punish able wit - death, if the General Assembly so enact. Sec. 3. The General Assembly shall, at its'first meeting, .make provision for the erection bind conduct of a State prison or Penitentiary at some central and accessible point within the Sta'p occ. -. lac ucncrai AssemDiy may provide for the erection of Houses of Correctionwhp-J va grants and persobs giiilty of miedemeap' irc ihall be restrained anc usefully employed. - Sec. 5.- A house or houses of refmr P ,1V1V Pa. tabhshed whenever the public in erelt mat re quire it, tor thef correction m SrucUoli ot other classes of offenders. ' instruction or Sec. 6. It shall be required v A lif 0 , and thMa 'f JSSiltW'V. revisions for the poor,5 the duties of a civ oral AssemK .azta a lad christian State, the Gen y shall, at its first session, atnioint and deliu j the duUe-3 of a Board of PublicCiiari- ties, to whom shall be entrusted tire siinerviaion ,u .i charitable an d penal State institutions, iand uo shall annuallV report to the Governor ubon ineir eonuiLiuuo, wim suggestions lor tneir im provement. Ii 1 ' . . . I Sec; 8. There shall also, as soon as practicable, be measures devised by the State for the estab lishment of one or more orphan houses, where destitute orphans I may be cared lor, educated 'and taugnt some Dusuiessi or trade, p Sec. 9. It shall; be tic duty of the Legislature, as soon as' practicjable, to devise means for the education ot idiots and inebriates. . Sec. 10. The Gbncial Assembly shall provide that all the deaf runtes, the blind, and the insane ot the State shall be cared forat the charge of Sec. 11. It shall be steadily kept in view by I he jut gisiaiure, ana tue uoard ot rul)lic Cliarities, that all penal and charitable institutions shdtald be made as nearly self-supporting as is consistent -..-,!. .1,. i4 i. ;ii ARTICLE XII. MILITIA. - section 1, All able-bodied male citizens ol the btate ot rortu Carolina, between the ages P of twenty-one and lorty years, who are citizens of the United States, shall be liable to duty in the Militia; Provided) That all persons who may jibe averse to bearing arrns,irom religious scruples, shall be exempt therefr om, :.. ;. -, fi Sec 2. The General, Assembly shall provide ljor the organizing, arming, equipping and discipline Of the Militia, and I for ' paying the same when called into active service. - j! Sec. 3. .The Governor shall be Commandcr-iln-Chief, and have pO wcr to call out the Militia'to execute the law, suppress riots or insurrection, and to repel invasion. .Sec. 4. The General Assemblv shall have cower hid make s uch exemptions as may be deemed nie- cessary, and to enact laws that may oe expedieot for uie govcrumeni. oi mo iviuitia. ; . . ARTICLE XLU. AMENDMENTS. ' section 1. No ConYentionVof the 'people shall be called by the General Assembly unless bv thie No Convention, of the 'neorle jO concurrence of two thirds of all the mcmhers Qf each House of the General Assembly. ' 1 , Sec: 2. No part of the Constitution of this Static shall be altered unless a bill to alter the same shall have been read three time3 In each "House of the General Assembly arid agreed to bythrecP fifths of the whole number of members, of each House, respectively; nor shall any alteiauontaki place until the bill, so agreed to, shall have been published six months previous to a new election ot members to the Geaeral Assembly. If, afte 6uch publication, the alteration proposed by the preceding General. Assembly &halk he agreed toi in tbe firstrBon'.thereaitci; by two-thirds of the whole representation in each.! House ol.the General Assembly,' after the same shall have been read Jthree times aoa three several, days ia eacli House, ; jLhen the- said General, Assembly shall .prescribe a mode by which the amcndin&nt cr ameudmcnts may he submitted to the qualified' voters of the House of Representative through out thcStaterand if, upon comparing tne voiee ffivenln the whole State, it t Shall appear that ft majority or the voters voting mereon nave nroTEd thereof, then; and inot otherwise, the same shall become a part of the Constitution, G"'TICIJSJ3TVV --2.-WJ .-i J ? .rrOfVT T. I TTrtTT9 Section 1. All indictments . which shall have aniJVJ,iiin www been founds or. may iereafter be found, for any crime or offence committed before this Constitu tion takes effect, may be proceeded upon in tne proper Courts, fcut -aa punishment .jshall oe in flicted which is lorblddeu by tms constitution. - Sec. 5. No person who shall hereafter fight a duel, or assist in the Isame as a second, or send, acqept, or knowingly, carry a challenge therefor, or agree to go out or tnis atate to ngnt a auci, shall hold anv office in this State. i Bee. JMo money snau.De arawn irom uie. Treasury but in " consequence, of appropriations made bv law. and an accurate account of the re- eeipta and expenditures or tne puoiic money suaii - ... . . . i . i SecJ 4. The General Assembly 8naiii proviae Dy nroTer legislation, for erivinff to mechanics and laborers an adeouate lien on the subject matter ol their labor. Se. 5. In the absence of anv contrary prori- Kinn. all officers in this State, whether heretofore elected, Or appointed by the Governor, shall hold their, positions only until other appointments are made bv . the Governor, or, i if the pincers aru elective, until their successors shall have been chosen and duly qualified, 'according to the pro- Visions ot tnis Constitution. ; Sec. 6. The seat of Government in tms oiaie shall remain at the city of Raleigh. I Sec. 7. No person shall hold more tnan one lu crative office, under the State, at the same time; rrwided, That1 officers in the; Militia,1 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. i ! Done in Convention at Raleigh, , the sixteenth day of March, in the'year of ciur Loi d one thous and eight hundred and sixty-eight, and of the In dependence of the United States, the! ninety-sec ond. - i ! Signed) ' V! C ALYljtf J. COWLES, I resident of the Consist ulional Convention. T. A; ByRNES Secretary, j BUSINESS CARDS. i . r H i DANIEL! A. SMITH, Manufacturer and Dealer in all kinds of Parlor, Dining Room, Cliamlier and "Office Furniture, Mattrasses, Featliers, Sliaclcs, Wall !: Paper, Window &!c, also Sasli, Blinds and Doors. SOUTH FRONT ST., WILMINGTON, N. C iy oct 23 : JOSEPH, Iff. TEFF, SHIP bHNDllEK, AN D DEALER IN SHIP STORES , GROCERIES J IIARD- ware. Paints, Oils, Boats. Oars, &c. No's 23 Water" "and 2, 4 & 6 Dock Street, WILMINGTON, N. C r oct GEO. No. 10, Z. FREN H, South Front Street, Wilmingrton, WHOL ISALE DEALER IN Crroceries Provisions. Wines, Liqu iors. Cigars. Wood, Willow, ! and Cossi- lilOIl Crockerv Ware. ' il:N 5- Cotton an Naval Stores Bought or Received on Consignment. ! tf oct 6 . DOLLNER, G. POTTER, J. CAMEKDEN DOLLNER, POTTER & GO tontmisswn Merchants, New York, j Liberal cash advances on consignments of N val Stores, Cotton told other soutneru produce.- sept. a4 O. C. HATCH, New York. L. G. USTES, M. F. HATCH. New York. Wilmington, N. C H4TC0 ESTES & CO., "'GENERAL ; Commission Merchants, NO. 132 FRONT STREET, CORNER OF PINE NEW YORK. CONSIGNMENT'S OF COTTON k NAVAI V8torca solicited, all orders promptly Aug. 5th, 1867. Usual advances made ano tf cxecutedii l. a. hart; JNO. C BAILEY WIIilOIGTOlVJ IRON AND i " COPPER WORKS, 1 AND- MACHI SHOP, A LSO Manufacturers of TUK ENTINE STILLS, and COPPER WORK m all its branches. From Street, below Market Street, Wilmington, N. C. HART & BAILEY. i. i i Proprietors. AS. T. P.BTTBWAY. BOQSR MOO KB PETTEWAV & MOORE' GENERAL COM30SSION MERCHANTS, .1 NORTH WATER STREET, WILMINGTON SOLICIT CONSIGNMENTS OF rCOTTON, NAVAL STORES AND TboUNTRY PRO- DUCE 3eing AGENTS -fol. , the prepared to fiH. on the most lanufacturers are reasonable terms, order for . ' ' j' ; ': GEO. KIDD'S CELEBRATED. V I ! COTTON GINS, M ZELL'S RAWBONE - v : ; : " 1 SUPElt-PHOSPUATE, PLATFORM ancliRAIL 1 I i I ROAD SCALES .Have constantly on hatd FERTILIZERS of all descriptions., 1 I 1 HUD'S r '"i " . -X 't MANUTACTl'SfiK AJND -DEALER IN MWtr SIHNGLES, 1A8H PAID FOR - WHITE OA-K AND CY- VTpr'esa timber delivered' at his 'M.U1- at wharf foot ! Castle street. i 1 Tiist.p!ii'x t . J. ruxapt aucnuon given. io oraers. Wllminiiton, N, C.,. Ave. 5, 1567, tf BJNItfNG.j .11 FIRST NATIONAL BANK I. United States Depository and Financial ' ' . Agents iVr. lipii&rxz-iiti Dibectobs:. . W. H. McRabt, f Jas. II. Cnii)BOUKN,. S. D. Wallace, - Eli Mubbat. 5 - DdwinE. BcBBCSSy President. ? t : V Asa K. Walkbb, Cashier t ; ; . ; Wm. Labkins, Teller. 1 - II. M. BovnE;Book-Keeper.A' j ' 'r . S D. Wallace, J"b., Clerk. f , . (1 THIS BANK IS NOW OPEN FOR THE TRANSACTION OF BUSINESS. " " J GOLD AND SILVER COIN, Government Bonds and Securities. 1 , -. T 1 NOTES OF SOLVENT and other State Banks . purchased and sold. . ; a .. -. E XCHANGE ON NORTHERN AND SOUTH ERN CITIES always on hand and for sale. ' COLLECTIONS made on all accessible points in the United States, with prompt returns. DEPOSITS RECEIVED, and careful attention given to the accounts of business men, , f &vlz. 14 ' j , .6-mos FREEDMAN'S SAYINGS , -. AND I ;.- The business of this Institution will hereafter be conducted by Mr. GEORGE M. ARNOL.D. Office as in the room over the office ;of the Wilmington Post. - Office hours from"9 A. if., till 3 o'clock P. M., and from 5' till 8 o' clock, T. M. . I Djcposits of five cents and upwards received. Depositors take notice. V S. S. ASHLEY. 1 aprill ! 137-tt BANKING HOUSJ- OF JAY COOKE & 00., No. 20 WALL STREET, Corner of Nassau Street, NEW YORK. WE BUY and sell at the most liberal current prices,: and keep on hand a full supply ol GOVERNMENT BONDS' OF ALL ISSUES, SEVEN-THIRTIES, and COMPOUND INTER EST NOTES, and execute orders for purchase and sale of STOCKS, BONDS and GOLD. CONVERSIONS. We convert the several issues of Seven thir ties into Five-twenties on the most favora ble terms, taking the 1st series at Govern ment Rates, allowing a commission to dealers. Circular with full particulars furnished upon ap- pucaiiou. JAY COOKE & CO. l-tf Treasury of the United States. DIVISION OF TlIE NATIONAL BANKS Washington, D. C, Teb. 20, 167. IT'is HEREBY CERTIFIED THAT THE . First National Bank of Wilmington, N. C, a Banking Association organized under the Act 'to provide a National Currency,! secured by a pledge of United States Bonds, a:nd to provide for the circulation ai d redemption thereof." ap proved June 3d, lbGi, having complied with the requirements of section 45 of said Act, and with tte regulations of this Department made in pur suance thereof, has this dav been designated as a Depository of Public Moneys, except receipts from Customs, and by virtue of such designation will also be employed as a Financial Agent of the Government! t ! " " . (Signed) M F. E. SPINNER, 1 M Treasurer, U S. aug. l-tf MISCELLANEOUS. BEARD'S PATENT LOCR-TIE, ALSO Beards Tatent Self-Ajustinj Tie, THE MOST SIMPLE AND GREATEST IMPROVEMENT OP THE AGE FOR : 'IS'AEjIXG- OTTN, MUCH SAILER FROM FIRE, AND CHEAPER THAN ROPE. 7JTAVING SOLD LARGELY LAST SEASON JUL - THE PATENT LOCK TIE, we can recommend them to give entire satisfac tion. Wo have taken the Agencjr for the State, and will continue to keep a large supply on hand. For one Ton and upwards, to dealers, a liberal discount will be allowed. E. MURRAY & CO., Wilmington, N. C. Aug. 29, 'C7. ly. OFFICE OF WHITE'S Patent Lever Truss Co. No. 609 Broadway, New York. C. AUGT GREGORY, M. D. President. T7 HUE'S PATENT LEVER TRUSS and VV FEMALE SUPPORTER difler in principle 'from all others. No pressure on the back. ; It is light, clean, and easy. Persons ruptured should at once procure THIS, the best Truss, to prfevent IMPO TENCY, and secure yourself against STRANGULATION AND SUDDEN DEATH. Directions lor Ordering. Measure around the body two inches below the top of Hip Bone. State the side afflicted, also if lean orlleshy, and give plain directions about sending. Cash must accompany the order. A special department has been fitted up for the treatment and radical cure of Hernia and kind red diseases. It is under the special care of the President of our Cdmpany, who is acknowledged by the profession to have no equal in this speci ality. By wearing tho Lever Truss and bathing the afflicled parts with DR. GREGORY'S CELE BRATED HERNIA LOTION, the most obstinate cases can be cured. . Prices for Trusses vary from 5 to 50 Dollars according to quality and the condition ot the Rupture. Hernia Lotion is f 6 per Bott'e or $5 for Two Bottles, . JOHN T. IIIIiDRETU, Gen. Agent, aug. 31. . tf. - J. BAUER & CO., . ;.' j " ''i GKEAT PIANO FOBTJE, . j and i i : . MELODEOFl EF.IPORiUr.l, 650 Broadway- New York, and v , 69 Washington St., Chicago, Crosby Opera House, Wholesale Agents for the United States for Wm. Knabe&Cos Cele Iji-ated Gold Medal Piano Fortes. , ; Also, Agents for'A. IL GALE & CO., and other First Class Pianos. We have the LARGEST and BEST ASSORTED STOCK of PIAN03, which, for Power and Sweetness of Tone, Easy and Agreeable Touch, I J C ? " 1 1 V 1 . anu oeauiy oi rimsu, uaveujr juugt, ueun pro nounced UNRIVALLED. , , Wholesale Agents for - , J CARHART, NEEDHAM & CO.'S Celebrated Harmoniums, Melodeons and 4 Organs. . ; . e-; r ,-s Manufacturelrsahd Importers of Musical: Instruments, I Stringsi Accbrdcons, Vioin3,Clarionet3,prums, Guitars, Brass ? , , Instruments, and other Husical - Mercliandise." - " i ? Remember the Place,) i s Ui I .-ii-.-. J; iBAUER i&iCO.v ! ;fj.. a 650 BROADWAY, NEW YORK, and - t C9 WASHINGTON ST., CHICAGO. jan.21 ; ' 'iu. Vu.iy miscellaneous; OUR LATJSST IMPROVeIT Piano-Forte; TVTOTICE. After the most llatterinp- X nials from the first Pianists who. at our solicitation, have testpit . " T) ' bL3 IT! TllP inn.l . severest manner POSSIBLE, have nounced '" iri th upen 1ro. I ne mest square riauo-Fortc IlJad e in , the World. It has always beer our policy during the 77,;, ttj-six Yean that wc have manufactured Pkn0 twelve thousand of hich are now in use in tho United States, and Europe, to give the- fluest in 6trument at the lowest cost.: Ou. superior facil itics enable us to oflcr thein frm one to thrtn hundred dollars less than any other first-clasa ; The tone of these instruments arc remarkable for theiif peculiar sweetness and great brilliancy Never lpsmg their quality when lorced to thei rl utmost capacity. The . lower register -retaining its positiveness does not destroy the middle aud" upper registers by niinffliug w ith them in disa greeable confusion. The refined beauty of tone being equally delightful to the unpracticed and to the most cultivated ear. They are an entirely new style of Piano, finisii cdin the most superb manner, with four full round corners fronrand back, heavily carved legs ana yre, oerpenune ease ricniy. moulded ana eacn instrument is iuny WAKKAJSTED "for nvc years. GliOVESTEEN & CO 499 Broadway, New York dec 7 - ' d&wly. UNITED STATES OF AMERICA District of Cape Fear in the District ol ( North Carolina. whekeas a noei lias been filed in tac District 1 -Court ol the United Spates for the District of Cape Fear, on the seventh day of November 1867, by George Harriss, William Harriss, ami Andrew J. Howellj partners under the name and style of Harriss & Howell, owners of the steamer " Brandt,of Wilmington, amd John F. Gilbert Master of the said steamer, for themselves and all others entitled,- against the schooner Eva Adelc her tackle, apparel, furniture and cargo alleg ing in -substance, that the, said schooner Eva Adele? while endeavoring to get into the Port of r Wilmington, went ashore, on the South side of New Inlet Bar, amid the South Bocakey . whew ' she stuck fast, and was unable to relieve herself from-tho perilous condition in which she was then placed. The said John F. Gilbert, Master of said steamer Brandt, upon discovering the. condition of said schooner, Eva Adele, immedi ately proceeded to the place where the said schooner, Eva Adelc, was ashore, at the immi nent peril of his own steamer, and approached near enough to said schooner, Eva Adele, to re ceive a line, and draw her from the breakers, and after considerable difficulty succeeded iu hauling the said schooner from the shore, and towed her v into the Port of Wilmington : and that they are 1 entitled to a reasonable share of schooner and cargo, for the salvage thereof, praying proces against said schooner and cargo and reasonable ' and proper salvage; and that, the said schooner,, her tacklepparel, furniture, and cargo, may be ' condemned and sold tb pay such salvage, -with 1 cOstSj charges and expenses. '. Now, therefore, in pursuance of thejuouition ! under the 6eal of the said Court to mtMlirectcd j and delivered, I do hereby give public notice to all persons claiming the said ship,", her tackle, ap- ' parol and furniture, and cargo, or iu any inauuer interested therein, that" they be, aud appear be fore the said District Court, to be held in the City of. Wilmington, in and .for the District of Cape Fear, on the Monday next succeeding the fourth Monday in April, then and there to ipter pose their claims, aud to make their allegatiojns , in that behalf ' ' Dated the 22nd day of January A. D. 1808. l 1 D. R. GOODLOE, :' U. S. Marshal. i y JOS, II. NEFF, 1 - Deputy Marshal. j Adam Emvik, ' ! .Procton.for Libeilants. jan 25 .'. . TO SOUTHERN PLANTERS. Union Rice5 Flour & Feed .'MIIj-LS,- Nos. 210 and 218 Cherry Street, Coruci Rutgers Slip, ALL DESCRIPTIONS OF RICE CLEANED AND REDRESSED, Also, Flour, Corn Meal, and Feed of all kinds Ground at Short Notice. Excelsior frcsli Rice Flour constantly un Land." REFERENCES: 1 Fowleu & Ward, Rice Importers, S7 V.'atei :t. Joun Bento & Co., " " 180 Fioot St, Moses Weeb, Rice Brokers, Comer Wall and Water Streets. Krapk, Baxter & Van Pjelt, Grain,' Meal fcc; 25 Whitehall Street. Lane, Son & Co, Flour, Mca, ttc., (K) Broud St. H. K. Tuukbek & Co., 173 and 175 Chambers St. Henry Reimeks, 87 Wall Street. ; Tor Terms Address: r JOHN FITZGERALD & CO., 246 and 248 Cherry St., New York. MARVIN'S PATENT Alum and Dry Plaster, Fife and .Burg lar Proof IV Hit Combination JLock. WARRANTED 'TIIEBE3T in the WORLD. Never corrode the Iron. Never lose their fire-proof qualities. Are- the only Sates Idled with Alum and Dry Plaster. Pl iase send or call for an Illu&tmted Catalogue. ' ' ; . MARVIN & CO., Principal Warerooms : ? , - No. 27l Broadway, 2iCvr York. No. -721 Chestnut St., Philadelphia. dec 7 : , .. 5m- Uookingj Parlor and Office Stoves, A LOT OF GAS FIXTURES, Just Received. AGENT FOR FAIRBANKS' STAND ARD SCALES. For Sate by A. SI,' rNEf frV Nov 20 tt Union Macliine Company, j . MANUFATUREKS OF Steam Engines ; . Machinists' 1 ools ; Woodwoit h Planers and Matchers ; Improved Stave and Bar rel Machinery ; Barrel, Tub, and Pail Stave Saws ; Chair, and Hoop Machinery ; Wood Turniufi Lathes Sawing Machines and Saw Arbors; Im proved Circular Saw Mills ; i ' AL80, :, ' ' , TURB1HE VYATER WHEELS, Shafting, Pulleys, Hangers, Mill Work, fcc, -; WATER STREET, FITCOBURG, MASSACHUSETTS. april 4. -'.. 137-3in '-XKWlIiJLILCSlSK''- CO., 'V MASUFACTUEKLKS OF. Improved Triple Flange Fire and Burglar Proof With ' Combination aud Powder-proof, Lo : warranieu tree irom uauipuw. Jeweler and Bankers Safes, Made to Order and lined with Hardened Steel. '. Manufactory. 180 to ltf? West Houston. Street, Depot, 100 Maiden Lanc,.near Pearl Street, N. i W.Terwmiger.'jisr'LockVo doc 7 , AH S
The Wilmington Post (Wilmington, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
April 12, 1868, edition 1
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