North Carolina Newspapers

. - . l.- ' i, r . .. 7 .- : ; . ' ' .. . ' 1 ! ' ' . ' ; ' " ' , " " ' '' . : -. - - - -i ' : ; : - ' . ' 1 "' ' ' ' -' ' ' ' ' :; " ; , : - ' ' " "":":.!',."'"'-.' i 1 ". - " ' ' . - i"' i ; . .- - r - - - -: . - - ' - . . - '- " - - - . ." :'y - - ..." . .- . -. ', . . ' - ' ' ,.:.-' i FTT1 i'7 JJLWjd . -WW , ! ' 1 VOL. 1. WILMINGTON, N. C WEDNESDAY MORNING, APRIL 15, 1868; NO. 146. i t I"; 'f! I! i; f ! t i i : THE WILMINGTON DAIIY POST ' TERMS OF 8UB3CBIPXIOS INVARIABLY IW ADVANCK l: T.,Alrtn1l ....-". " For the Political Campaign. .50 cents. liATES OF ADVERTISING : . Vvcrtiscmcnts will be Inserted at ? 1 00 pcr flluare for firs t insertion and 50 cents tor each subsequent insertion. V - ; ; .J Ten lines or icssolid minion type,, constitute a eauarc. . , . ' : ., - "lilF, Will W W : . is PUBLISHED EV:ur MONDAY. 8UV3CnlVT10H : 00 f)ne year:.. Advert i.ec?.ients ?l per square. MASONIC DIRECTORY St. John's Lodge No. 1 ' ilCSlad 'Thi rsday eventyth each month. . ' HoK.iCE II. Munson, W.vM. : , V Wm M. Foisson, Sec'y. . ; " ' ' .-; -jjf-i Concord Chapter No. 1, t ; Ti-ff' lf 3il Mo'nday in each month. Tilos- M."GABDanM.. E.v'ILvP.. Wm. Larkiks, Sec'y. ' Wilmington Council No. 4, Meets 1st Wednesday in each month, i.FRED -'Martin, l.. l. u. M.. 1. D. Ryttenberg. Recorder REVIEW OF THE CONSTITUTION ADDRESS OF i'b iha l'cople ofAcrth- Carolina the Convention which met under the- Recon struction acta of Congress, to lorm a Constitu tion "republican m form" for the State cf North ' Carolina, preparatory to its rc-adm mission into the iUfaion, have llnished their' labors, and now '.present tha Constitution to the. people ot the State" for their ratiiication. . The undersigned . lwvebeen appointed to prepare a brief statement ' of its most impQrtant provisions and of the1 i principal changes which have been made in the r' , iiihner system of troyerument. ,-. l THE BILL. OF JilGUTS '"'states clearly "the" general and essential prin- . -i: ciplo of liberty and good govermneut," "and M secures them by all the -safeguards which ex ! perieuce can sucgeat. The grleat' change introdu- J ml by this Bill of Rights isj . that it removes I every argument on which the doctrine of the I rin-Ufot "secession has been advocated, and 6e rc'iu-es.forever the intcgrity of the Union ndthei I . peace and prosperity of the United iStates. . To tho Union-loving people of North-Carolina no ; det'tnee need be uiade l'of the: bold, assertion of i this great principle. -: ' ' , . ; ; ; - , ! Iti the Executive Department the changes v1 appear to be much greater than they really are. The names ot some officers' ha.ye .been changed, land, instead of being elected by the General ;. .Assembly as heretofore, the Choice of these high ) iacfits ot the people's will is given directly to ' ' it'ac people This is in coiilormity with the ac-. ; , jknowledged principles of ' Republican govcrn Iment. iut two ollicers have been created. 1st. i iLieutenant'-' Governor. The necessity" lor. this , iuineer to sudpW the place of the Governor, in ? ' case of a vacancy in his ollice. was so apparent! ' v that it was provided for in the. proposed Con- : 'stjtuiiyn of IS-Jo. No additional expense is in- burred; as he will deceive no pay, except while .acting as Governor or presiding over te Senate. riuJ. A Superintendent oi Public orks. A ,' proper ciire of the.Interests of the State in the jgreat and expensive public works in which it is engaged rendcre such an oflicer manifestly ne- ;' cessary. It is a measure of economy. The State , has1 last hundreds of thousand of'doliars hereto ; lor for. want of the watchful attention which this '' .pUiccrwiltgivc:to the expenditure ofthu public - laoneyibn iutcrual improvements. Under the heads ' of the , Legislative Depart--' ; men t and Suffrage and Eligibility to Office, . thy -changes' which will challenge attention is the gi.viughe right to vote and hold office to all the male-inh'ibitauts of the State, without 're gard to race, coIof or previous condition. t This changes was inevitable- Without it, there Can bo no return to the Union, - no escape from -the v)pcles3 ruin which is inseparable from a con tinuance ' in our, . present .unnatural condition, lint apart from this convincing reason, reflect ing men must see! that a prudent regard for the welfare of both rices and for the peace and har- vunony of society tcquircd the extension of the great privilege of voting tD the 'colored -people, and jiist men mnst admit that all who are expec ted to bear their share ot the inaniioia-buruens ' of the government at alHtimpsV and to expose ! their lives for its defence in war, should be al lowed a full participation in its direction. To refuse this right to any class of the people would be to continue slav ery in a modified form, a course too abhorrent to the spirit of the age to be permitted. 1 : , -, it. : While giving suffrage to the colored people, the Contention has not; been so inconsistent, with itself, and with the groat principles of Re publican government, .as to deny It to any por tion of the vviiitcs. . It is an undeniable monu- - ment to the wisdom, and equity, and. magnan imity, of the Union people bf North Carolina, that in three years after the close of a blood f' and devastating civil war, in which wrongs and outrages were endured that can never be ibrgot Hen, they have framed a Constitution, iu which not a ttaee of animosity or viudictiveiiess can be nl'ound;- in which the wrong of the past are ig nored for t he Bake of the peace of the future , and ."; -'all who areno w trueio their I country; are j invi ted to participate in its government. Such wise . forbearance is certain oi its reward in the ap : proral of reflecting men now, and of all posterity - MMs may be the proier place to speak of a 'ufia'rg which has beeni'reely made against this Constitution, by those .who have never seen it, and have ' determined to defeat it, be it what it may. The charge is, that it favors; the social . ."equality" of the. races. It is untrue, frothing can be touud in the constitution looking in that r uirection. vv ith the social intercourse ox me, government has nothing to do; it must be left to the taste and choice of each individual. j Soma person has been eo bold or. so ignorant as to allege, ' that white; and colored peo ple arc required to be enrolled in the same mil tia company, and white ajid colored children to attend the same schools, sand that intermarriages hetween tha .races are encdurajredi " All these as sertions arc false, as anV reader of the constitu tion will see. All these matters are left now, as they . were b'j thevronoscd Consaiution of 1005, to oe reau foted b' the renrescntativesrof the people in the General , 'Asscmblu. Anv ono who denies the propriety of thus leaving them both impeaches the wisdom of our ancestors and distrusts the people oi the iu- The attempt to excite a false prejudice on these subjects, is made for partizan purposes it can only tend to excite ill-will between races that are destined to live 'on the same soil, and ought to live together in peace, and it 6honld be frowned j . down by every lover of the peace and prosperity - .uvvwuuuj. ; . . - , JUDICIAL DEPARTMENT. Experience will soon demonstrate that the charges made in this branch of the government taken altozether. arc of sreat value. Some may doubt the propriety of electing judges by the people. If the people select wisely, no harm can possibly result' : The abolishment of the County Courts, rendered necessary a small in- urease iu the number of judges of the Superior Courts ; and it may be charged that thereby the tIW RVctom Trrill A ri rfi tvnnnottrnfKan llD Ifl We havp. rnnaioroH tTiiawflif nnH nfid Ant.i Wwe meTpopl of north Carolina, that U the EEKLY III JlBmBUiD;eAiiliaft : , -'' !."'', ' ' . J General Assembly shall carry out In good faith the idea of the Convention, thy will save 1 hun dreds of thousands of dollars every year, by the increa,ed despatchcheapnessd certainty of the administration of justice. Wei confidently Invite the approval of the people to this part of the constitution, it will stand the test of experience, and be more valued Fith every year ot its exis tence. :-.---i..-" . - County Government. J The Republican 'principle of local self-government, which has been so fertile a source of good effects in the North-Eastcrn and ijorth-Western States, has been applied to the administration ot the localj aflairs iOf counties and town-ships. These Connty Legislatures, composed of five Commissipncrs' of each counry; will be schools, where the lessons ot statesmanship will be learn ed, which may bo afterwards displayed in the government of ;thc State. By these various bod ies, almost ievcry mau ls brought directly to par ticipate in public aflairs1. It may ; seem a little awkward at first, but it has approved itself else where, ana wm ao so here. '' .- ' ! Education The Constitution , iramed by Our ancestors in 1776, recognized the Value of education. It pro Tided ibr a University. This Constitution pro vides for a University and for free public schools for all the children of the Stale: All may see the ailterencc between the success in life of the edu-1 cated and the" iineducated , min, yet , as often as pot, the uneducated man has been gifted with the greater degree! of intellectual; power ; the cause of his ill success is that it his not been devel oped. We propose to "level! Upwards1," to give, to the'ehild, as far as the State can, an opportu nity to develope to the fullest extent, all his in tellectual gifts. So noble an ieffort needs no vin dication. - j i ' imprisonment for debt. ' is abolished except in case qf fraud. A liberal homestead is reserved to tho unfor tnnate" debtor. - ! The barbarous Punishments of whipping, branding, and cropping, will be hereafter un known. Crime is as often the result of an igno rance of the means of getting an honest living, as of a criminal disposition. Hereafter a Penitenti ary will be at once a place for the repression of crime, and a school lor teaching the useful 'arts . to those who are more unfortunate than crimi nal. V ' ;" Peo)le of North-Carolina ! 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. You may not approve every part ot it. We cannot assert that it is perfect in every part. You must allow somewhat for the differenccy of opinion in evitable among thinking1 mcn,s 'and each man musfcyicld something of his own views for the sake of harmony. - If you approve the general scope i and object of the Constitution, vote to ratify t. Do not be misled by the unfounded denunciation of men heated by passion and reck lless 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 . nature with intelect and virtue, the State of Norh-Car. olina ought to be a great, rich and happy State. Laying aside all mutual crimination and all prejudice, and leaving the past to bear Its proper burden oi sorrows, and guilt, let us all nite to make her what she ought .to i be. You have but to wili it-aud by the i blessing of God, it wiU'be da' WILL. B. RODMAN. 5 GEO. W. GAIIAGAN. - CONSTITUTION : ' , OF ! - X0RT1I 0 A R 6 L I N a: PREAMBLE. Wc the people of the State; of North Carolina, rgratefui to Almighty God, the Sovereign Ruler ot Nations, for the preservation of the American Union, and the existence of our civil, political and religions liberties, and 'acknowledging our dependence unon Him. for the continuance of- thoRc blessinrs to us and our posterity, do, for the more certain security thereof, and for the better government of this S tablish this Constitution. ate, ordain, and es- ARTICLE I. -- r" i DECLARATipN OF i RIGHTS. - That the great, general and essential principles of libertv and free government, may' be recog nized and established, and that the relations of this Si ato to the Union and government of the United States, and those of the people of this State to the rest of the American people, may be defined and affirmed, we do declare : Section 1. That we hold it to bo self evident that all men are created equal ; That they are en dowed by their Creator with certain unalienable rights ; that among these are life, liberty, the en joyment of the fruit ot tneir own laoor, ana tue pursuit of happiness. 1 Sec: 2. That all political j power is vested in, and derived from the people: all government of right originates from tue people, is lounded upon their will onlv. and is instituted solely for the erood of the whole. - Sec. 3. That the people oi i tnis atatc nave tue inherent, sole, and exclusive; right of regulating the internal government ana ponce tnereoi, ana A nholishinT their Constitution and of atterine- and abolishinc: their Constitution and form of government,, whenever it may be neccs- sarv to tneir saietv ana nappincss : uui, every . t t . i z - a. - such riirht should be exercised in pursuance of law. and consistently with the Constitution of the United States.' r ! Sec. 4. That thi3 State shaU ever remain a mem ber 6f the American Union, that the people there of arc part of tha American nation ; that tnere is ho right on the part of this State to 6eccde, and that all attempts from whatever source or upon whatever pretext, to dissolve said Union, or to sever said nation, ousrht to be resisted with the whole power of ih eStatc. 1 ' ec. o. mat every cuucu oi lui otmc ura paramount allearianee to the Constitution and Government of the United States, and that no law or ordinance of the State in contravention or subversion thereof, can .have any binding force. 5 Sec 6. To maintain the honor and good faith of the State untarnished, the public debt, regu- larl v contracted before and since the rebellion, shall be regarded as inviolable and never be ques tioned : but the St ate shell never assume or pay, or authorize the collection of, any debt or obli gation, express or implied, incurred in aid of in surrection or rebellion iagiinst the United States, or any claim lor the loss or emancipation or any Slave.;' : , .; '. ' ;-' : ' "i- ' i . " i " . 7 ' Sec 7. No man or set of men are1 entitled to exclusive or separate 'emoluments or privileges from the community Tmt in consideration of pub lic services. '-'' 1 I . ; Sec. 8. The Legislative. 1 Executive, and Su preme judicial powers of the government ought to be forever separate and distinct from each other. . I . , Sec. 9 All power ot 6uspenaing raws, or tne execution of laws, by any authority; without the consent ot the representatives of the people, is injurious to their rights, and ought hot to be cx,- ercisea. . '-.- -- i " .. i Sec. 10. All elections ought to be free. Sec. 11. In all criminal! prosecutions, every man has the right to be informed of the. accusa tion against him and to confront j the accusers and witnesses with other testimony, and to have counsel for his defence, and not be compelled to give evidence against himself, or to pay costs, jail fees, or necessary witness fees of the defence, unless found guilty. ; ' Sec. 12. No person shall be put to answer any criminal charge, except as hereinafter, allowed, but by indictment, . presentment, ' or impeach- qa in "Kn tnfirfton shall he rnnvicted of any A.m . w - crime but by the unanimous verdict of a juryot good and lawful men in open court. The Legis- i Vnwpwr. nrovide other means Of v ffial. for oettv misdemeanors, with the appw. 0EFIC1AL. Sec. 1C Excessive bail should not be reanired nor excessive fines imposed, nor cruel or unusual punishments inflicted. Sec. 15. General warrants, whereby any officer or messenger may be commanded to search sus pected places, without evidence of the act com mitted, or to seize any person or persons not named,-whose offence Is ' not particularly de scribed and supported by -evidence, are danger ous to liberty and ought not to be granted. Sec4: 16. There shall be no imprisonment for debt in this State, except in cases of lraud. i3ec. 17. No person ought to be taken, 1 impris oned or disseized of his freehold, liberties or privileges, o outlawed, or exiled, or in any man ner deprived of his life, liberty, or property! but by the law of the land. - 8ec. 18. Every person restrained of his liberty, is entitled to a remedy to inquire ; into the law fulness thereof, and to remove the tame, It un lawful, and such remedy ought not to be denied or delayed. r: , , ' , . ,--..-..; -.- Sec. 19, In all controversies at law: respecting property, the ancient mode of trial by jury is one of the best securities of the rights of the people, and ought to remain sacred and. inviolable. Sec. 30. The freedom of the press is one of the great bulwarks of liberty, and therefore ought never to be restrained, but every individual shall oe neia responsible tor the abuse of the same. Sec. 21. The privilege of the writ of habeas cor pus shall not be suspended. ' s Bee. As political rights and privileges are not dependent upon, or modified by property. therefore no property qualification ought to el ect the right to vote or hold office. Sec. 23. The people of this State ought not to be taxrd, or made subject to the payment of any impost or duty, without the consent of them selves, or their representatives in General As sembly,; freely given. ' i ' 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. &. 1 he 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 to worship Almighty God according to the dictates of their own consciences, and no human authority should in any case whatever, control or interfere with the rights of conscience. Sec. 27. j The people have a right to the privi leges of education, and it is tlie duty of the State to guard ana maintain that right. r See. 4a. Dor redress of grievances. and for amending and strengthening the laws, elections should be 'often held. j Sec. 29. A frequent recurrence to fundamental principles, is absolutely necessary to preserve the blessings of liberty. Sec. dO. No hereditary emoluments, privileges, or honors, ought to be granted or conferred in this State, i , Sec. 31. Perpetuities and monopolies are con trary to the genius of a free State, and ought not to be allowed. Sec. 32. I Retrospective laws, punishing acts committed before the existence of such laws, and by them ordy declared criminal, are oppressive, unjust and incompatible with liberty, wherefore, no ex post facto law ought to bo made.. No law taxing retrospectively, sales, purchases, or other acts previously done, ought to be passed. Sec. 3-5. Slavery anc involuntary servitude, otherwiso than for crime whereof the parties shall have been duly convicted shall be, and are hereby forever prohibited within; this State. . Sec. 34. The limits and boundaries, of the State shall be arid remain as they now are. Sec. 35. All courts shall be open, and csrery person f or an injury done him iahis-lands, goods, person, or reputation, shall have remedy by due course of law, and right 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 theowner; nor in time of war, but in a manner prescribed by law. occ. oi. xui3 enumeration pi riguts suau not be construed to impair or deny others, retained by tho people; and all powers, not herein dele gated, remain with the people. ARTICLE II. LEGISLATIVE DEPARTMENT. Section 1. Tho Legislative authority shall be vested in two distinct branches, both dependent on the people to-wit ; a Senate and liouse of Kep resentatiyes. ' , Sec. 2. The Senate and House of Rcpresenta tives shall meet annually on tho third Monday in November and when assembled, shall be denom inated the1 General Assembly. Neither House shall proceed upon public business, unless a ma jority of all the members arc actually present. sec. oV The senate shall be composed oi nity Senators biennially chosen by ballot. Sec. 4. Until the first session of the General Assembly which shall be had after the year 1871, the Senate shall be composed of members elect pd from Districts constituted as follows : First District Perquimans, Chowan, Pasquo tank, Currituck, Gates and Camden, shall elect two Senators. Second District Martin, Washington and Tyr rcll shall elect ono Senator. Third DistrictBeaufort and Hyde, shall elect one Senator. . Fourth District Northampton snail elect one Senator. Fifth District Bertie ani Hertford shall elect one Senator. -Sixth District Halifax shall elect one senator, . Seventh District Edgecombe shall elect one senator. Eighth District Pitt shall elect one senator. Ninth District Nash and Wilson shall elect ene senator. Tenthpistrict Craven and Carteret shall elect twO senators EleventlrDistrict Jones and Lenoir shall elect one senator, Twelfth District Duplin and Onslow sha Thirteenth District Brunswick and New Hari over 6hall elect twoehators Fourteenth District Bladen and Columbus shall elect one SenatorX , Fifteenth District RobosOu shall elect one emiiitnr. Sixteenth' District Cumberland, Harnett and Sampson shall elect two senators, j Seventeenth District Johnston shall elect one senator. Eighteenth TVifttricf. firppne and Wavne shnTl elect one senator. i Nineteenth District Franklin and Wake shall elect two senators. ! Twentieth District Warren 6hall elect one senator. ? f Twenty-first District--Granville and Person shail elect two senators. j Twcnty-6econd Dlstrict-Orange shall elect one senator. ' - Twenty-third District Chatham shall elect one senator. ;. j Twenty-fourth District Caswell shall elect oue senator. I I Twents-fifth District Rockingham shall elect one senator. ; ... j - Twenty sixth Districtr-Alamance and uumcfd shall elect two senators. ' ! . Twenty-seventh District Randolph and Mont- o-nmerv shall elect one senator. - i " J . . ... . a - a -r . 1 TI-1 , ,1 Twenty-cigntn Listnci juoore auu mcuuiuuu shall elect one senator. j Twentv-ninth District Anson and Union shall p.lect one senator. Thirtieth District Mecklenbure: shall elfect i.nt. RP.nator. . Thirty-first District Cabarrus and Stanley shall rlvt nun fienator. r , ! t Thirty-second District Davie and Rowan shall plect one senator. ! " Thirty-third District Davidson shall elect one senator. I " l , , j Thirtv-fonrth' District Forsvthe and Stokes shall p.lp.rt nne'setia tor. Thirtv-fifth District Surry and Yadkin shall plpftt one senator. ' Thlrtv-sixth District Alexander and Iredell hall p.lpp.t one senator. I Thirev-seventh District Catawba, Gaston and Lincoln shall elect one senator. Thirty-eighth District Cleaveland, Polk" and Rntherford shall elect one senator. Thirtv-ninth - District Alleghany, Ashe and Wilkes ihaii sleet one enator. x . Fortieth District Buncombe. Fiend Transylvania shall elect one senator. j. Dorty-first District Burke. Caldwell and Wa tauga shall elect one senator. :i ' Forty-second District-Madison, Mitchell, Mc Dowell and Yancy shall elect one senator. jrorty-thlrd District-- Clay. Cherokee. Hav- wood, Jackson ; and Macon shall elect one sen ator. . ! ....... ... . . Sec 5. An enumeration'of the inhabitants of the 8tate shall be taken under the direction of the General Assembly in the year one thousand eight hundred and seventy-five, and at the end of every ten years thereafter ; and the said Senate Districts, shall be'so altered, by 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 tain, as nearly as may be, an equal number of in habitants, excluding aliens and Indians not taxed, and shall remain unaltered untii the return of another enumeration, and shall at all times con sist of contiguous territory ; and no county shall ne oiviaea in jthe formation of a Senate District, unless snch county shall be equitable entitled to two or more senators. . r Sec 6. House of Representatives shall be com posed of one hundred and twenty Representatives, biennially chosen by ballot, to be elected by the cqunties respectively, according to their popula tion, and each county shall have at least oue Rep- resmiauve m tne nouse oi liepresentatives, al though it may not contain the requisite ratio of 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. Sec 7. In makinsrthe apportionment in the House of '.Representatives, the ratio of represen tation shall be ascertained by dividing the amount oi me popuiaiionoi me otate, exclusive oi mat comprehended within those counties which do not severally contain the one hundred and twen tieth part of the population ot the State by the number of Representatives, less the number as signed to such Counties ; and is ascertaining the number of the population of the State, aliens and Indians not taxed, 6hall not be included. To each county containing the said ratio and not twice the said ratio, there shall be assigned one representative ; to each county 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 tue largest Iractions. ? Sec. b. 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 in the following manner, to wit : The county of Wake shall elect four members; the counties of Craven, Granville, Halifax and New Hanover shall elect three members each ; the counties of Caswell, Chatham, Cumberland, Davidson, Duplin, Edgecombe, Fi an klin, Guil ford, Iredell, JohnstonMecklenbnrg, Northamp ton, Orange, Pitt, Randolph. Robeson, tRocking ham, Rowan, Warren and Wayue shall elect two members each; the counties of Alamance, Alex ander, Alleghany, Anson, Ashe, Beaufort, Bertie, Bladen, Brunswick, Buncombe, Burke, Cabarrus, Caldwell, Camden, Carteret, Catawba, Cherokee, Chowan, Clay, Cleveland, Columbus, Currituck, Davie, Forsyth, Gaston, Gates Greeh, Harnet, Henderson, Haywood, Hertford, Hyde, Jackson, Jones, Lenoir, Lincoln, Macon, Madison Martin, McDowell, MitchellrfMontgomery, Moore, Nash, Uuslow, Pasquotank, Purquimans, Person, Polk, Richmond, Rutherford, Sampson, Stanley Stokes, Surry, Transylvania, Tyrrell, Union, Washington, Watauga, Wilkes, Wilson, ladkinandj xancy shall elect one member each. Sec. 9. Eaeh member of the Senate shall be not less than twenty-Aye years of age, shall have resided in the State as a citizen two years, and shall have usually resided in the District for whieh he is chosen, one year immediately prece ding: his election. Sec. 10. Each member of the House of Rep resentatives shall be qualified elector of the State, and shall have resided in the 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: ' Sec. 12. The General assembly shall have pow er to pass general laws j regulating diyorce and alimony, but shall not have power to grant a di vorce or secure alimonyin any individual case. Sec. 13. Tho General Assembly shall no"t have power to pass any private law to alter the name of any person, or to legitimate any person hot born in lawful wedlock, or to restore to the rights of citizenship any person convicted of an infamous crime, but shall have power to pass gen eral laws regulating the same. . See 14. The General Assembly shall not pass any private law, unless it shall be made to appear, that thirty days j notice 4of application to pass such law shall have been given, under such direc tion, and in such manner as shall be provided-by law. c SeeT 15. Ai vacancies shall occur in the Gene ral Assembly by death, resignation or otherwise, writs of election shall he issued by tee Govenor under such regulations as may be prescribed by law. ; Sec. 16. No law shall be passed to raise money on the credit of the State, or to pledge the faitlr of tho State directly or indirectly for the pay ment of any debt, or to impose any tax upon the feople of the State, or to allow the counties, cit es or towns to do so, unless the bill for the pur pose shall have been read three several times in each House of the General Assembly and passed three several readings, which readings shall have been on three different dayB, and agreed to by each House respectively, and unless the yeas and nays on the second and third readings of the bill shall have been entered on the Journal. Sec. 17. The General Assembly shall regulats entails in such manner as to prevent perpctuties. Sec. 18. Each house shall keep a journal ofite proceedings, which shall be printed and made public immediately after the adjournment of the General Assembly. , ' Sec. 19. Any member of either house may dis sent from, and protest against, any act or resolye, which he may think injurious to the publie or any individual, and have the reasons of his dissent entered upon the Journal. Sec 20. The Hous6 of Representatives shall choose their own Speaker and other officers. Sec. 21. The Lieutenant-Governor shall pre side in the Senate, but shall have no vote, unless it may be equally divided. Sec. 22. The Senate shall choose its other offi cers, and also a speaker, (pro tempore.) in the ab sence of the Lieutenant-Governor, or when he shall exercise the office of Governor. Sec. 23. The style otthe acts shall -be "The General Assembly of North Carolina do enact." Sec. 24. Each house shall be judge ot the qual ifications and elections of its own members, shall sit upon its own adjournment from day to day, prepare bills to be passed into laws, and the two nouses may aiso jomuyTrujourn 10 auy miiu e uy, or other place - Sec 25. Ail mils ana resolutions oi a legisla tive nature shall be read three times in esch house before they pass into laws and shall be signed by the presiding officers oi Doth nouses. Sec. ao. .tacn memDer oi tne vjenerai assem bly, before taking his seat, shall take an oath or affirmation that lie will support the constitution and laws of the United States, ana tne constitu tion of the State of North-Carolina aud will faith fully discharge his duty as a member of the sen ate or house of representatives. ' Sec. 27. The terms of office for Senators and members of the House of Representatives! shall commence at the time of their election ; and the term of office of those elected at the first election held under this constitution shall terminate at the Rame time as If they had been elected at the first ensuing regular election. Sec. 28. Upon motion made and seconded i in either House, by one-fifth of the members pres ent, the yeas and nays upon any question 6hal be taken and entered upon the journals. Sec 29. The election for members of the Gen eral Assembly shall be held for the respective dis tricts, andcountiesi at the places where they are now held, or may be dir cted hereafter to be held - ' ; i .a in such manner as may oe prescnoca oy iaw, on the first Thursday in ; August, in the year oe thousand eight hundred and seventy, nd every two years thereafter. But the General Assembly . .. f . 1J, . . . . A. shall be taken on the ratification of this consti tution by the voters of the State, and the General Assembly then elected, shall meet on the fifteenth day after the approval thereot by the CJongress of the United States, if It fall not on Sunday, hut if it shall so fall, then on the next day thereafter, and the id embers then elected shall hold . their Seats until their successors are elected at a regu lar election. ARTICLE IH EXECUTIVE DEPARTMENT. Section 1. The ! Executive Department shall consist of a Governor (in whom shall be vested the Supreme executive power of the State) a Lieutenant Governor, a Secretary of State, an Auditor, a Treasurer, a Superintendent 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 same time and places, and in the same manner as members of 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 : provided, that the officers first elected ,6hall assume the duties of their office ten days after the approval of this Constitution by the Congress of the United Stales,' an dshail hold their offices four years from and after the first day of January 1869. Sqc. 2. No pei son shall be eligible as Govern or or Lieutenant Governor, unless he shall have attained the age of thirty years, shall have been a citizen ot the United States five years, and Bhall uuv3e ueeu a resiaent oi mis atate ior two years. next ueiore tne election; nor snail tne person elected to either of these two office be eligible to the same office more than fous years in any term of eight years, unles the office shall have been" cast upon him as Lieutenant Governor or Presci ent Of the Senate! Sec. 3. The return of every election for officers of the ExeeutivefDepartment shall be sealed up and transmitted to the seat otGovernment by the returning officers, directed to the 8peaker of the House of Representatives, who shall open and publish the same in the presence of a majority of the members of both Houses of the General Ass embly. The persons having the Trighest number of votes respectively, shall bedeclared duly elec ted1; but if two or more be equal and highest in votes for the same, then one of them 6hall 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 See 4 The Governor, before entering upon the duties of his office, shall, in the presence of the members ot both branches of the General Assm bly, or before any Justice of the Suprefmc Court, take an oatn or amrmation, that he will support j tne constitution ana laws or the United 1 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 shall reside at the seat 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 6uchregulations 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 3.1. 1L . J . f ... uaie, tne aate oi commutation, pardon, or re prieve, and the reasons therefor. Sec. 7. The officers of the Executive Departs 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 ; and tne governor may, at any time, require Informa tion in writing from the officers in the Eafecutive Department upon any subje ct relating to tjhe du ties of their respective effices, and shall take care hat the laws be faithfully executed. 1 Sec. . 1 he Governor shall be commander-in- chief of the militia of the State, except when they shall be called into the service of the United States. Sec. 9. The Governor shall have power, on ex traordinary occasion3,-by jand with the advice of the Council of State, to convene the General As sembly, in extra: session by his proclamation, stating therein the purpose or purposed for which ney are tnus convened. Sec. 10. The Governor shall nominate, and. by and with the advice and consent of a majority of the Senators elect, appoint all officers whose offi ces are established by thi coutitution, or which shall be created by law, and whose, appointments are not otherwise prsvided for, and no such offi cer shall be appointed or elected by the General Assembly See 11. 1 he Lieutenant Governor shall be President 61 the Senat e, but shall have ho vote unless the Senate be equally divided. He shall wnust acting; as rresiaent ot the senate, receive for his services the same pay which shall for the same period, be allowed to the speaker of the House ot Kepresentatives, and he shall receive no other compensation except when he is acting as Governor. 1 Sec. 12. In case of the impeachment 6f the Governor, his failure to qualify, his absence from the State, his inability to discharge the duties of Lis office, or m case the office of Governor shall in any wisetjecome vacant, the powers, duties and emoluments ot the office shall devolve upon the Lieutenant Governor until the disabilities &hall cease, or a new Governor shall be elected and qualified. In every case in which the Lieu- tenent Governor shall be anable to preside over the Senate,5 the Senators shall elect one of their own number President of their body ; and the powers, duties, and emoluments of the office of Governor shall devolve upon him whenever the Lieutenant Governor shall, tor any reason, be prevented from discharging the duties ofsuch offic" 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 for a President of the Senate to administer the Government, the Secre tary of State shall; convene the Senate, that they inay elect such President. Sec. 13. The respective duties of the Secretary of State, Auditor, Treasurer, Superintendent of Public WorkSriiuperintendext of Jrublic lnstruc tion, and Attorney General shall be prescribed by law. If the office of any of said officers 6halt be vacated bv death, resisnoation. or otherwise, it shall be tue dutv of the Governor to appoint an other until the disability be removed or his suc cessor be elected and qualihid. Jkvery such va cancy shall be filled by election, at the first gen eral election that occurs moriT'than tiny aaJ8 after the vacancy has taken place and th "person chosen, shall hold the office for the remainder of the unexpired term fixed in the first section ot this Article. Sec. 14. The Secretary of State, Auditor, Treasurer, Superintendent of Public Works, and Superintendent of rublic 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 ex oMcio i the leffal adviser of the Executive Department. - Sec. 15. 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 Governor, and used by-Bim as occasion may require, and shall be called "the Great Seal of the State of North Carolina," All grants and commissions shall be issued in the name2 and by the authority of the State of North Carolina, sealed, with "the Great countersicned by the Secretary of State See 17. There shall be established in the office of the Secretary of State, a Bureau of Statistics, Agriculture and Immigration, under tuch regula tions as the uenerai Assembly may provide. ARTICLE IV. j :-f ( JUDICIAL DEPARTMENT. r Section 1. The distinction between actions at law and suits in equity, and the forms of all such actions and suits ehall be abolished, and there shall be in this State but one form of action, for the enforcement or protection ot private rights or the redress of private wrongs which 6hall be denominated a civlL action; and every action prosecuted by the people of the State as a party, against a person charged with a public offence, ior the punishment of the same, shall be termed a criminal action. Feigned issues shait also Jbe abolished and the fact at issue be tiled by order of court before a jury. I , Sec. 2. Three Commissioners 6hall be appoint ed by this conventloa to report to the General Assembly at its first session after this Constitu tion 6halr be adopted by the people, rules of practice and procedure In accordance with the provision of the foregoing section, aud the con vention shall provide for the Commissioners a reasonable compensation. I Sec 3. The same commissioners1' shall also re port to the General-Assembly as soon as practi cable, a code of law of North Carolina. Tho Governor shall have power to fill the vacancies occurring in this Commission. Sec 4. The judicial power of the State shall be vested in a Court for tne trial of Impeachments, a Supreme Court, Superior Courts, Courts of Justj ices of the Peace and Special Courts, l Sec .5. The Court for the trial of impeachments shall be tbe Senate; a majority of the members shall be necessary to a quorum, and the judgment shall not extend beyond removal irom, and dis qualification to hold office ih ttis State; but the party shall be liable to indietincnt and punish ment according to law. Sec 6. The House of Representatives solely, shall have the power of impeaching. No person shall be convicted without the concurrence of two-thiigfe of the Senators present. When the Governor ls Impeached the . Chief Justice shall preside. " ' ' 1 Sec 7. Treason against the State shall consist only in levying war against its 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. See 8. The Supreme Court shall consijst of a Chief Justice and four Associate Justices. 1 : Sc. 9. There, shall be twd terms of the Su preme Court held at the seat of Government of the State in each year, commencing on tho first Monday in January, and first Monday in June, and continuing as long as the public interest may require. , ! Sec. 10. The Supreme Court shail hae inris- diction to review, upon appeal, any decision of ther Courts below,iupou anymattcrof law cjr legal inference ; but no issue of fact shall be tried be fore this cpurt ; and the court shall have power to issue any remedial writs necessary, to give it a general supervision and control of the inferior courts. Sec. 11. The Supreme Court shall bavs original jurisdiction to hear claims against the State, but its decisions shall be merely recommendatory ; no process In the nature of execution ehall issue ' thereon; they shall be reported totheuext ses sion of -the Getaeral Assembly for its action. Sec 12. The State 6hall be divided into twelve udieial districts, for each ot which a Judge shall be chosen, who shall hold a Superior Oourt 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. i Sec. 13. Until altered by law, the following shall be the Judicial Dietricts : First District Currituck, Camden, Pasquo tank, Perquimans, Chowan, Gatesr Hertford, Bertie if - . 1 Second District. Tyrrell, Hyde, Washington; Beaufort, Martin, Pitt, Edgecombe. V Third Districts-Craven, Carteret, Jones, Ons-. low, Greene, Lenoir, Wayne, Wilson. Fourth District Brunswick, New Hanover; Duplin, Columbus. Bladen, Sampson, Robeson. Fifth District Cumberland, Harnet, Moore, Richmond, Anson, Montgomery, Stanley, Uuion. oixta district. iMortnampton, Warren, llali- :ax. wake. Nash. Jb ranklm. Johnston. Granville. Seventh District Person. Oransre. Chatham. Randolph, Guilford, Alamance Caswell. Rock ingham. Eighth District-Stokes. Forsvthe. Davidson. Davie, Rowan, Yadkin, Surry. imtu .uiBiricu vatawoa, uaoarrus. Mecklcn. burg, Lincoln, Gaston, Cleveland. Rutherford. Polk. - Tenth District. IredclL Burke. ; Caldwell." Wilkes, Alexander, McDowell. Jileventh District Alleehah v. Ashe Wataue-a . Mitchell, Yancy, Madison, Buncombe. lwellth District Henderson. Transvlvania. Haywood, Macon, Jackson, Clay, Cherokee " . oee I. JJ-very judge ot a superior Court shall reside in his District while holding his office The Judges may exchange districts with each other with the consent of the Governor, and the Governor for good reasons which he shall report to the Legislature at its current or next session, may require any judge to hold one or more speci fied terms of said courts in lieu of the Judge in whose district they are. ' : . Bee lo. lhe Superior Courts shall have esclu- sive original jurisdiction of all civil actions. Whereof exclusive original jurisdiction is not given to some other Courts; and of all criminal actions,-in wmcn tne punisnment may exceed a fine of fifty dollars or imprisonment for one month. Sec. 16 The Superior Courts shall have appel ate jurisdiction of all issues of Taw- or fact, de termined by a Probate Judge dr a Justice of the .reace, wuere tne matter in controversy - exceeds twenty-five dollars, and of matters of law in. all. cases. - Sec. 17. The clerks of the Superior Courts shall have, jurisdiction of the probate , of deeds, the granting of letters testamentary and of adminis tration, the appointment of cuardians. the ap prenticing of orphans, to audit the accounts of executors, administrators and guardians, and of such other matters as shall be prescribed by law. All Issues of fact joihedr before them 6hall bo transferred to. the Superior Courts for trial, and appeals shall lie. to the Superior Courts Irom. their judgments in all matters of law. Bee lo. in an issues of tact, joined in any court, the parties may waive the right to have the same determined by juty, in which case tho finding of the judge upou the fact, shall have the force and effect of a yerdicjt of a jury. Bee 19. The General Assembly snail provide for the establishment of Special Courts, for the trial ot misdemeanors, in cities and to wnsv where the same may be necessary. esec.au. inetaerK ot the Supreme Court shall be appointed by the Court, and shall 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 for the election of members of the General Assembly. , s Sec 22. Clerks of the Superior Courts shall hold their offices for four years. 8ec 2Sv The General Assembly shall prescribe and regulate the lees, salaries, and emoluments of all officers provided for in this article ; but the salaries of the J udges shall not bo diminished during their continuance in office Sec 24. The laws of North Caroliua, hot re pugnant to this Constitution, or to the Constitu tion and laws ot the United States, shall be in force until lawfully altered. i - 1 See 25. Actions at law, and suits in equity, pending whenthis Constitution-shall go into ef fect, shall be transferred to the Courts having , jurisdiction thereof, without prejudice by reason of the change, and all such actions and suits, commenced before, and pending at, the adoption by the General Assembly, of the rules; and prac tice and procedure herein provided lor, shall be heard and determined, according to the practice now in use, unless otherwise provided for by said rules. ' - . ' '". '' " Sec 26. The Justices of the Supreme. Court shall be elected by the qualified voters of the State, as is provided tor the election of members of the General Assembly. They shall hold their offices for eight years. The JuJges of the Supc4 rior Courts shall be elected in like manner, and shall hold their offices for eight years ; but the Judges of the Superior Courts elected at the first election under this Constitution, shall, alter thei election, under the superintendence of the Jus tices of the Supreme. Court, be divided by lot into two equal classes, one of which shall hold office for lour years, the other for eight years, .'' '$ i' - '--i ..-ii ; . .a-r:'-'i: r. t, '-I Of i 1 ' - '';; .-,,''- " - ;.-;";. -: . : ; -; - '-. ! "- ' . ' ' ' ..' ; .-." ' ". -' -. . : !''-.- V -: ' . Nvi:-,v',- ' , ' -- '" ' .. !: .- : ;- ' , ..." " - ' - " ' ,-'' I' , "".-'- .. :"'' - - '"'. ', rr' - - ,-' - - , - -. - - --.' ;- - ,? . - . - . - . . - . - fi - - ;t ; ....