Newspapers / The Wilmington Post (Wilmington, … / April 16, 1868, edition 1 / Page 1
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I MASONIC DIRECTORY. St. John, Lodge No. 1, Meet last, Thi rsdau evcnl'W in, each month. Horace II Mcnson, vy ,1 ;i -. , M." M. Poissok Scc'y. ' Concord Chapter No. 1, Sleets 1st and 3d Moiidayt in each month. Taos. M. Gakdner, M. E, II; P. v , Wm. Larkins, See'y. : Wiimiugton Council No. 4, 1 Meetn 1st Wednesday in each month. ' Alfred Martin, T.. I.. G.v c 1. p. Ryttenrekg. Rccordei ' : '', REVIEW OF THE CONSTITUTION. ADDRESS OF MD OAHAGAN. fu Uui Ik oplc of North-Carolina ; .ThG Conveution yhieh met under fctriiction acts of Conirress, to lorm thu Recon a Cohstitu- - tion "Republican in form" dfcr the State i f North ' Carolina, preparatory to its re-ad mmission into; the Union, have iinished .their labors, and now present the Constitution to the. people of the State for their ratilieatioii. The undersigned, have been appointed to prepare a brief statement of its most important provisions and of the principal changes whifeh have been made in the former system of government,. V- -: ; .' . . ' X Tljifi BILL OF, RIGHTS KtTits i li-iirlv "the : jrciieral and' essential prinr . eiple of 'liberty Valid (' RtH'Tircs fhem bv all V VA V. V J uiiivii t the Baeniards which rl :.irnrnm1 ill oti uuu ex- perience can sutrgect. The great change introdu ' (W by this liill of Rights -is, that it - removes" , i;very argument on which the docfriue of.,the Vrifrlitot secession has-been advocated, and se- " cures forever the integrity of the Union snd the fv' A.cace and prosperity of the United States. To defence need be made ibr the bold assertion of this great principle. j ' In the Executive Department the changes appear to be- niuch greater than they: really are. The names ot some officers haye been changed, Vu4 instead xf being elected by the General Assembly $.s ;pr?tofofe, the choice of these high agents ot the people's w;i).is given directly to tue. people. "This is in con'tormityi with the ac knowledged principles of Republican govern ment. : But two officers have been created. 1st. Lieutenant Governor; The necessity for this officer t.o -suppljHlfc place -of, .-the, Governor, in case of a vacancy in his office, was so apparent tat it was provided for j.u the'proposod Con stitution of 18.35'.' No additional expense is in curred, "as he will receive no pay,- except while actln! as Governor or presiding over the Senate. 2nd, VA Superintendent of Public .Works. A proper care of the interests o( the State in the irreat and expensive public works an wulcn it iss engaged renders such an officer manifestly ne cessiiry. It is a measure of economy. The State has losthundreds of thousand of dollars hereto tor for want of the watchful attention which this officer will give to the expenditure of the puolie monav on iutcrnal Improvements. Under thQ hea4s of the LEGiSLATiyfi Depart- i mbnt and Soffraqb aijo Eligibiliti to Office, j the changes which will c'haiipngp, aention is j the giving the right to Vote and hold office to all ; tlra mill ft inhabitants of, Ihe' State, without: re- w uaiB.iuuiii.u,vrv "" W.r. 1 lv ;H w oo ! no return to the Union, no escape from the ; hopeless ruin which is inseparable from a con tinuance in our present unnatural condition. But apart from, this convincing reason, reflect ing men must fee that a prudent regard for the welfare Of both-racs. and for the peace and har mony of society required- the extension of the great privilege of Voting to the colored people, aud just men must admit that all who are expec ted to bear their share of the manifold-burdens ..of the government at all times, and to expose - their lives for its defence in war, should . be al lowed a full participation in its directions To; '; refuse this right to any .class rof the people woild be tQ contiuue slavery iiraimodi tied form, a course too abhorrent tQ the spirit of the age to be permitted. .. r While giving! suffrage to the colored .people, the Convention' , has' pot. been f so : inconsistent with itself, and with the great principles of Rc-, publican government, V as-to deny it to any por tion of the whites. It is an undeniable .monu ment to the wisdom arid equity, and magnan imity, of the Uiiion . people of North Carolina, that in three years after the close of a bloody and devastating civil war, in which wrongs and outrages were endured that eau never be forgot-; tenhev have framed a Constitutiou, in which uota trace of animosity or.viudicMvencss oan be found; in which'the wron; of the past -,ar.c ig nored for the sake of the peace of the future, and all who are now true to their country, are iuvi- ted to participateviu its government, bucu wise forbearance is certain of its reward . ii the ap proval of reflecting men now, and of all posterity This may be the proper place 10 s peaw 01 a charge which has asoeenireciy maue agamsi r VOUBUtUllOU, Oy. UlUBU WUJ UttHi UViKVl dvwu iy and have determined to defeat it, be it what it may. , The charge is, that it, favors the social .equality of the, races. It Js untrue' nothing can I be fouud in the constitution looking in that 'direction. With the social intercourse of life, government has nothing to do ; it must be left to the taste and choice of each individual. Soma person has been so bold or so" ignorant ' as ; to allege, that white 'and colored I peo pie arc required to be enrolled in the same'mile tia company, and white1 and colored children to attend the same schools, and that intermarriages between the races arc encouraged. All these as ' lertions arc false, as any reader, or the constitu tion will see. All these matters are lefljvovy as they acre by theprojiosed ConstitiUio?i of 1865, 0 be regu lated &v Vlc representatives of Vie people in thi General Assembly; Any one who denies the propriety of thus leaving them both impeaches the wisdom of our ancestors and distrusts the people of the iu . ture.' r..... ' .: !vj ..--.....';. The attempt to excite a false prejudice on vthesc subjects. Is made for partlzan purposes It can only tend to excite ill-will between races that are ' destined to live on the same soil, and ought to live together in peace, and it should be frowned down by every lover of the peace and prosperity of the country. ;.." V. v : .. 1 judicial department ... V ; Experience will soon demonstrate ? ihat the charges made in this branch of the government taken altogether, arc of irreat value Some may doubt the propriety of electing judges by the people. If the people select wisely, no harm can nossiblv result. ' The abolishment of the County Courts, rendered necessary a small In f crease in the number of judges of the Superior Courts ; and it may be charged that thereby the new system will be more expensive than the old. We have considered this welh and we confidently wure the psople of North Carolina, that if th? General Assembly' shall carry out in, good faith the idea of the Convention, they will save hun dreds of thousands of dollars every year, by the increased despatch, cheapness and certainty of the administration of justice. - We confidently invite the approval of the people to this, part of the constitution, it will stand the test of experience, and be more valned with every year of Its exis tence. . - Countt Government. - ' . .s The Republican Drinciplc of local self-covcrn-' mcntj which has been so fertile a, source of good enccis in tne isortn-jcastcrn and IN orth-Western 8tates, has been applied to the administration of the local affairs of counties and town-ships. Thesej County Legislatures, composed of five Commissioners of euch counry; will -"be echools, where the lessons ot statesmanship will be learn ed, which may be 'afterwards1 displayed in the government of the Stata v By these various bod iesj almost every man is brought directly to par ticiuate in public aflairs. It may seem. a little awkward at firsts-butit has approved itself else- wnere, ana will ao so here. JjDUCATION. 1 Thei Constitution framed by our aucbstors in agnized the value of education. It pro- a University. This Constitution pro vided vides for a University and for free public schools foralt the chUdrmof the' State. All may see the difference between the success in life of the edu cated land the uneducated man, yet jas often. as not, tpe uneducated man has been gifted with the greater degree of intellectual power ; the cause of his ilL success is . that it has notrbejn " devel oped. VVe propose to "level upwards," to give to the'child, as far as the State can, an Opportu nity t developeto the fuHest Extent,-all his iu telleciual gifts. So noble an effort, ijeeds no vin dication. ' ISirRISOKJINT FOR DEBT. !'' ' - is abolished except in case of fraud. f -A iiberal homestead is reserved to the unfur tnnate debtor. ' The barbarous I'unislwients ot whipping, sj branding, and cropping, will be hereafter uii' Known. Crime is as oiten ran result oi an igno rance jof the means of getting an honest living, as of a criminal disposition. Hereafter a Paiitenti ary will be at once a place for the repression of crime; and a school for teaching the. useful arts to those who are more unfortunate than crimi nal. ,V. J People of North Carolina ! jsuch is the Consti tution which- wC iuvittt you to adopt. Read it carefully, consider it cain)1: ; upon you and yours will the consequences of yoUr decision fall. You may not approve ever'y part ot it. We cannot assert that it is perfect in every part. You must allow somewhat Jor the differences of opinion in evitable among thinking men, and each mau mjust yield sGinething ofr'his owu views for the sake of harmony.' ;.; If j'ou-approve the general scope and abject of tiie Constitution, vote to ratify it. Do not be misled by the unfounded deuunciilJiou of men heated by passion and, feck less of conscqueuces.Jil" you adopt it, the gates of the Union will be "opened for our entrance, wc will-once again enjoy the inestimable blessings of Constitutional . Liberty, and may hope for a continuance1 of peace and for a return qi our for mcr 'prosperity. With a cli'nate and, soil unsur passed, with a people highly giftedby 'uature with inteleet and virtue .the State of Norh-Car. olina ought to be a great, rich and happy Stati. Uaying aside all mutual crimination and all p rejudice, aad leaving the past to bear its jn-opcr burden oi sorrows and guilt, let in all nite to nijdie Jier what she ought to be. You have but to 'Wili it aud by the blessing of God; it wUl be do , -WILL.- B. RODMAN. Geo. v: gaiiiian. TUTION OF NORTH G A R 0 L i X A. PREAMBLE. W n t iso. iionii oi rnn ararc. oi ' 1.11 i,ariiiina. gratefifil to Almighty God, the Sovereign-Ruler of Nations, for the preservation of the Ameriean Union, and the existence ot our civil, political and religions liberties, and acknowledging Our dependence upon Him, tor the continuance of those blessing's to us, and our posterity, do. for the mbre certain security thereof, rand for bcttergovernment of this State, ordain and tablish this Constitution. the C3; ARTICLE I. DECI.AUATION OF ItlGIlTS. Tha the great, general and tiul principles of libertv and free erovernmeut, .may DC recor nized and esUblished, and that tlis relations of 4his Sfate to the Union and government of the States, and those of the people Of this State to the rest of the American people, may be defined andfffrmed we do declare : Section l. iThatwehold it to be self evident that all men arc crealMmal ; That they are en dowed by their Creator wtth-ccrtain unalienable rights : that among these are lifeliherty, the eu- iovment of the fruit of their own laborVaKLthe pursuit of happiness. , " Sec.) 2. That all political power is vestedtin, and derived fi:6m the people ; ail government of right originates from the people, is founded upon their will only, and is instituted solely for the good of the whole. Seci3. That the people of this State have the inherent, sole, and exclusive right of regulating tbejinternal government and police thereof, and of attering and abolishing their Constitution'-and form 6f government, whenever it may bo-ncces-sary to their safety and happiness ; but every such right should be exercised in pursuance of law, and consistently with the Constitution of the United States. SecJ 4. That this State shall ever remain a meui rv r,f lio mprican ITiiion: that, the neonle there- of are! part of ths American nation ; that there is no right on the part of this totatcto scceae, and that all attempts from whatever sourceor upon whatever pretext, to dissolve said Union, 1 Union ot to s'isted with tUcT sever said nation, ought to lie resi whole power. Of he State, i ' SecJS. That every citizen of this State owes paramount allegianee to the Constitution and 1 , w 1 ordiuancc 0f the State iu c IjOVernmeui. OJ tuc v uneu oiates, uuu luiii uu contravention or 6ubversion thereof, can have any binding; force. SecJ 6. To maiufain the honor and good taith of fhe State untarnishejd, the public debt, regu larlv Contracted before and siucc the rebellion, shall be regarded as inviolable-and never be ques tioned : but the Si ate shell never assume or pay, or authorize the collectionfof, any debt -or obli gation, express or implied, incurred in aid of in- or any claim for the loss or emaneipation,rof any slave. ' -"' .,'' 4; ; SecJ 7! No mau or set of men are .entitled to exclusive or separate emoluments or privileges from the community but in consideration oi puo lie services. ; ' Sec. 8. The Legislative, Execulive, tand Su preme judicial powers ot the government ought to be forever separate and distinct from each other, -v ' ... . V V Sec, 9 All power of suspending - laws, or the execution of laws, by any authority, without the consent ol the representatives of the people, is injurious to their rights, arid ought not to be ex ercised- V- ''':''' ' - Sp.cJ 10. All elections ouirht to be.ircc. Sec 11. In all criminal prosecutions, every man has the right to be informed of the accusa tion against him and to. confront the accusers and witnesses with other testimony, and. to have counsel for his defence and not be compelled to give evidence against himself, or to pay. costs, jail 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 lmpeach- inent. . , ' ? ":'', , Sec. 13. No person shall be convicted ot any' crime but by the unanimous vcrdiet of a jury of good land lawful men in open court. The Legis lature may, however, provide ; other means of trial, for petty misdemeanors, with the right of appeal, ; CONST! 8ec. 14. Excessive bail should not be required, nor excessi ve fines Imposed, nor cruel or unusual pninishments inflicted.. V " 'Vj :,l i f See, 15. General warrants, whereby any -office fr messenger maybe commanded lo, search aus pectcd places, without evidence of the aqt 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 ibe granted. Sec. 16. There shall be no Imprisonment for debt in this 8tate, except in cases of lraud, ' ' Sect 17. No person ought to be takcu, Impris oned or disseized of his freehold, liberties or pri vileges, or outlawed, or exiled, or in any man ner deprived of his life, liberty, or pr optrty; out by the law of the land. . Sec 18. Every, person restrained of his liberty! is entitled to a remedy to inquire into the .law fulness thereof, and to remove the same,) if un lawful , and Bueh remedy ought not to be denied or delayed. . . i . 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 20. The freedom of the press is one! of the great bulwarks pf liberty, and therefore! ought never to be restrained but every Individual shall be held responsible for the abuse of the same. Sec. 21. The privilege of the writ of habeas cork pits shall not be suspended. V: Seel 22. As political rights and privileges jtd not dependent ,hppn,6r,niodifledtpropertyj therefore nort)yerty qualification ought t0 el feet the right to vote or hold office. I ' Sec.T23. The people of this State ought not. to be tax'd, or made subject, to the paymentiof any impo?', cr 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 kep and bear arms shall not; be in fringed ; and, as standing armies, in-t!ife 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. r . - " ! Sec. 25. The people have a right to assemble together to consult for their common good, to ii jstruct their representatives, and to apply! to the Legislature for redress of grievances. I jSee. 20. All men have a natural and unalien able right to worship Almighty God according to. tne aiciaics ot tneir own consciences, ana no hikman authority should in any case whatever. eOutrol or interfere with the rights of conscience. bee. -7. lbe people vhave a right to the prin ces of education, and it is the duty of the State to guard and maintain that right. j See. 28. For redress of grievances and for amending and strengthening the laws, elections oula be often held. I Sec. 20. A freiueut recurrence to fundamental P ineiples, is absolutely necessary to preserve the blessings of liberty. ' i ec. uu: JNoiiereditary emoluments; privileges, or honors, ought to be granted or conferred m is State. ' ' . fcec. oi. Perpetuities andmohopolics are coa- frary to tfho genius of a free State, and ought not to be allowed. I ' See.' 32. Retrospective' laws, punishing acts emmmitted before the existence of such laws, and by them only declared criminal, are oppressive, unjust r.nd incompatible W'itU liberty, wherefore, no ex post facto law ought "to be made. No law taxing, retrospectively, sales, i)urchases, oir other ai-ts previously done, ougnt to be passed. Sec, 31. Slavery am1 involuntary servitude, herivise than lor crime whereof the parties small have been duly convicted shall be, and are ireby forever prohioited within this & tat c. Seej ol. The ji ..its and boundaries of the State iall be and remain as they now are. ! ; SecJ iio. Mi courts shall be open, aud'te?erv person lor an injury done byn in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice administered ituoMt alo, uenial, or celay.;. Sec.! 36. No Soldier shall, in time of peace be quartered in any j house without the consent of tlie owner; nor in time of war but in a uiauner prescribed by law. jSecvtoT. This enumeration of rights shall not be construed to impair or deny others, retained by thq people; and all powers, gated,: remain with the people. not herein dele- ARTICLE II. LEGISLATIVE DEPARTMENT. Section 1. The Legislative authority shall be vested in two distinct branches, both dependent on thC'people to-wit ; a Senate and House of Rep resentatives. Sec. 12. The Senate and House of Representa tives shall, meet-annually on the third Monday in November and when assembled, shall be denom inated; the General Assembly. Neither House shall proceed upon public business, unless ia ma jority of all the members are actually present. i See. p. The Senate shall be composed Oflilty Senators biennially chosen by ballot. j i Sec. 4. Until the tirst session of the General Assembly which shall be had after the year1871, the Senate shall bo composed-of members jelcet ad from Districts constituted as follows : j FirsiDistrict Perquimans, ; Chowan, Pasquo tank, Currituck, Gates and Camden, shall elect two Senators. . Second District Martin, Washington and Tyr rell shall elect one Senator, .j . ! Tliird .Difetrict Beaufort and Hyde shall' elect oue Senator. . 1 VPourih District -Northampton shall elect one Senator. Fifth District Bertie and Hertford shall: elect one Senator. ' j Sixth District Halifax shall elect one senator. Seventh District Edgecombe shall elecjt one senator. ; I Eighth District Pitt shall elect one senator. Ninth District-rNash and Wilson shall elect one senator. Tenth District Craven and Carteret shaHelect two senators. ! Eleventh District Jones and Lenoir shall eect one senator. , Twelfth District Duplin aud Onslow shall elect one senator. Thirteenth District Brunswick and New Han over shall elect two senators. i Fourteenth District Bladen and Colubibus uau iwu vu jao.lvj i v j - CiHeenth District Robeson shall elect one senator. l .. Sixteenth DistrictCumberland, Harnett and Sampson shall elect two senators. Seventeenth District Johnston shall elect one senator. - ! Eighteenth District Greene and Wayne shall elect one senator. Nineteenth District Franklin and Wakt, shall elect two senators.' ; . Twentieth District Warren shall elect one senator. : Twenty f first District Gran ville and Person shail elect two senators. i Twenty-second District Orange shall elect one senator Twenty-third District Chatham shall elec one senator. 1 -. ' L ' - I Twtenty-fourth Dislrict-Caswell shall clet one senator, j Twents-Iilth Dlbtrict Rockiugham shall elect one senator. -- iTwenty sixth District Alamance and GUiiford shall elect two senators. ! Twenty-seventh District Randolph and Monti gomery shall elect one senator. Twenty-eighth District Moore and Richmond shall elect one senator. n' Twentyrnlnth District Anson and Union shall elect One senator. V Thirtieth District Mecklenburg shall elect . no siinntar- Thirty-first Dist rict Cabarrus and Stanley shall elect one senator. Thirty-second District Davie and Rowan shall eleetjone senator. ' I Thirty -third DistfictDavidson shall elect one senator. ' V - : Thirty-fourth District Forsythe and Stokes shall; elect one senator. 1 : Thirty-fifth District Sorry and Yadkiri shall eleetjone senator. ! I Thirty-sixth District Alexander and Iredell shall! elect one senator. t i . Tharev-seventh District Catawba, Gaston and Lincoln shall elect one senator. i i Thirty-eighth District Cleavclaud, Polk and Rutherford shall elect one' senator. V Thirty-ninth - District- Alleghany, A6he and Wilkes shall elect one senator. , 4 , ! V Fortieth Bistrictl-Bnncdmbe, Henderson and Transylvania shall jelect one senator. T uJ'orty-first Distritet Burke, Caldwell and Wa tatfga shall elect one senator. " ; . w Torty-second Ditrict--Madi30ny Mitchell 31c Dowell and Yancv shall elect one senator Forty-third District Clay,! Cherokee, 1 Hay wood, Jackson ind Macon shall elect one sen- ator-tVjV!ffr-;lf 'V'. VtV - i- Vt -5V -VT i Sec. 5j ..An enumeration of the inhabitants of the State shall be jtaken underj the direction of the General Assembly in the year one thousand eight hundred and seventy-five, audatitheend of every ten; years thereafter; and the said 'Senate Districts, shall be so Altered, v by the General As sembly, at the first session Rafter" the return . of every enumeiatioh taken a,? aforesaid, or by order of Congress, that each Senate; District shall con tain, as nearly as may be, an eual number of in habitants, exclud: ng aliens andlndiansl not taxed, and shall remain s unaltered intii the return of another enumeration, and shallat allltimes con sist of contiguous territory ; and no county shall be divided in Ithe formation of a Senate District, unles8 6cc,h county shall be equitable 'entitled to two orimore senatorsiri ;; i r-.efh'-i r.s ; Sec. 6,., House otBpresentativcff6hall be com posedof one hunnred and tweity Ketreisentajtive3, biennially chosen by ballot, to be eledted by the counties respectively j according to thetf popula tion, and-CAfohcofun' shall have at-tcast one Rep resentative ia thp? house of jRepresentatlyes, al thoughlt may iot contain the requisite ratio of representation ; this apportionment shdll be made by the General Assembly at the respective times aud periods wheh the Districts for the Senate are hereinbefore directed to be laid off - Sec. 7. In mhking the apportionment in the House oT Reprc ientatives, tlie ratio of represen tation 6hall be a certained by dividing the amount of the population of the State, exclusive of that comprehended, within those counties! which do not severally co itain the oni hundred and twen tieth part of the population fof the Stafe bv the number of Repp entatives, jless the number as. signed to such counties ; and is ascertaining the number of the i opulation of the State, aliens and Indians not taxed, 6hall not be included., To eacli county co ataining 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 iratio, there shall be assigned two representatives, and so on progres sively, aud then the remaining representatives shall be assigned severally to the counties hav ing the largest fractions. Sec. 8. Until the General! assembly shall have . . -1 J. 1 ! i . i, . . ijjaue iue apportionment as nereinueiore provi ded, the House of Representatives shall be com posed of members elected fifom the counties ia the following mkinner, ta wit : The county of Wake shall elect four members: the counties ot Craven, Granville. Halifax and I New Hanover shall elect three, members each ; the couuties of Caswell, Chktham, Cumberland, Davidson, DupMn, Edgecombe, Fianklin. Guil ford, Iredell, Johnston, Mecklenburg,; Nortnamp ton, Orange, Pitt, Randolph Robeson, Rockintr- Tiam, Rowan, Warren and Wjayiie shall elect two members each : the counties of Alamance, Alex ander, Alleghany, Anson, Ahe, Beaufort, Bertie, Uiaden, lirunswiek:, isuncombe, Jiurke Cabarru, , Caldwell, Camden, Carteret Catawba, 'Cherokee, Chowan, Clay, Cleveland,- Columbus, I (Jurrituck, Davie, iorsytli, Gaston, Gates Greehr , Harnet, Henderson, Haywood, Hertford, Hyde, .Jacksonv Jones, Lenoir, Lincoln, Macon, Madison Martin, McDowell, Mitchell, Montg&mery, Moore, Nash, Onslow, r'asqutptank, Purtpi imaus, Person, Polk, Richmond, 'Rutherford,1 Sampson, Stanley Stokes, Surry, Trausylvauia, Tyrrell Union, Washington, Watauga, Wilkes, Wilson,! Yadkin and Yaiicy shall elect one member, each. ! . . See. U. EaeU member of the Senate shall be not less thau twentv-five years 01 age, shall nave resided in tizen two years, and shall have usually resided in the District for immediately prece- wmeh heis t'hcseu, one year ding Ins election. Sec. 10. Each member of the House of Rep resentatives shaUl be qnalihed elector of the State, and shall have resided in the; county for which he is chosen for cue year immediately preceding his election. Sec. 11. lathe election bt all officers, whose appointment sh ill be conferred upon the General Assembly by th ; Constitution, the vote shall be viva voce. - Sec. 12. ... The General assembly shall have paw- er to pass feencml laws reguiatiug divorce and alimony," but sh vorce or secure Sec. 13. T ill not have power to grant a di- alimony in ajny individual case. le General Assembly shall not have power to pass any private law ito alter tb nani4K)f any pe?feon, or to legitimate ! any person not born in law ill wedlockj or to restore to the rights of citizenship any person convicted of an infamous criuieJ but shall have power to pass geu- eiaMaws retrulaltiuer the same Sec. 14. The General Assembly shall not ;)ass any irivatc lawL unless it shall be made to appear, that thirty days notice c( application to pass, such law shall have been giVen, under such direc- tion, and in sudh manner as! shall be provided by law.,,. See 15. It vacancies snail occur m the Gene- ral Assembly by death, resignation or otherwise,: writs of election shall be issued by the Govenor. under such regulations as may be prescribed by law. j . Sec. 16. No law shall be passed to raise money on the credit of the State, or to pledge the faith of the State directly or indirectly for the pay ment of any debt, or to-iroposc any tax upon the people of the Mate, or to allow the counties, cit ies or towns to do so, unless the bill for the pur pose shall have been read three several times in each House of the General Assembl- and passed three several r ladings, which readings 6hall have been on three different days, and agreed to by each House respectively, and unless the yeas and nays on the sec ond and third readings of the bill shall have been entered ou the Journal. Sec. 17. The General Assembly shall regulats entails in such manner as to prevent pcrpetuties. Sec. IS. Each house shall keep a journal of ite 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 resolve, which he may think injurious to the. public or any individual, and have the reasons -of jhis dissent entered upon the Journal. j Sec. 20. The House of Representatives shall choose their own Speaker and other officers. Sec. 21. The LieutenanttGovernoif 6hall 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 tanpo) in the ab sence of the Lieutenant-Governor, Or when he shall exercise the officetof Governor. Sec 2o. The style of the acts shall be "The General Assembly of North Carolina do .enact.'1' Sec. 24. Each house shall be judge1 of. he qual ifications and elections of its own metnbers, shall sit upon its own adjournment from day to day, prepare bills to bo passed into laws, and the two houses may also jointly adjourn to any future day, or other place. ? Sec. 25. All bills and resolutions of a legisla-, tive nature shall be read three times in e?ch house? before they pass into laws and shall be signed by the presiding officers of both houses. See 2d. Each member of the General Assem bly, before taking his seat, shall take an oath or affirmation that he will support tha (constitution and laws of the United States, and the constitu tion of the State of North-Carolina aud will faith fully discharge his duty as a memberjof the sen ate or house of representatives. J Sec. 27. The terms of Office for Senators and members of the House of Representatives 6hall commence at the time of their election; and the ternj of office of those elected at the first election held under this constitution shall terminate at the same time as if they bad been ekcted at the first ensuing regular election. ., Sec 2S. Uixmniotkm made arid seconded in either House, by one-fifth of the members pres ent, the yeas and nays upon any question shall be taken aud entered upon the journals. See 21). The election for knembers! of the Gen eral Assembly shall be held for the respective dis tricts, and counties, at tne places wnere tney are now held, or may be dir cted hereafter to be held in such manner as may be prescribed by law, on the first Thursday in August in the year one thousand eight hundred and seventy, and every two years thereafter. But the General Assembly may change the time of hblding the elections The first election shall be held whn the vote shall be taken on the ratification.! this consti tution by the voters of the State, and the General Assembly then elected, shall meet onithe fifteenth day after the approval s tbereot by the Avongress of the United States, if it fall not on Sunday, hut if it shall so fall, then on the next day thereafter, and the members then.elected shall hold .their Seats until their successors are elected at a'regu larelction. V , j ;,;i '. r--i ARTICLE HI 'V . -;V EXECUTIVE DEPARTMENT." V ' ' Section L 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 pf the State, at the same time aud places, and in the same manner as members of the General Assembly are elected. VTheir 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 VshaU assume the duties of their office ten -days after : the approval of this Constitution by the .Congress i of : the. United Stales, an dshall hold their offices four years from and after the first day of January 1869. ; Sec. 2. No person $haU be eligible as Govern or or Lieutenant Governor, unless he Bhall , jnave attained the age of thirty years, shall have been a citizen ot the United States five years, and shall have been a resident of this -State for two years next before the election ; nor shall the person elected to either of these two office be elhrlble to the same office more than four years in any term cl?t fSS; ;S fi foo OQlCn 6ha11 havebeet cast upon hitnas Lieutenant Governor or Presd ent ot the Senate. . Sec; 3. The return of every electlon'for officers of the Executive Department shall be sealed up and transmitted to the seat of Government by the returning officers, directed to the Speaker of the House of Representatives, who shall open and publish the same in the presence of a majority ol the members of both Houses of the General Ass embly. The persons having the highest number of votes respectively, shall be declared duly elec ted ; but if two or more be equal and highest in votes for the-same, then one of them shall be chosen by joint ballot , of both Houses of the General Assembly. Contested elections shall be determined by a joint vote of both Houses of the General Assembly, in such manner as shall be prescribed by law. Sec. 4 The Governor, before entering upon the duties of bis office, shall, in tha. presence of the members oi both branches of tlnTGcneral Assm bly, or before any Justice of the Supreme Court, take an oath or affirmation, that he will support the constitution and laws of the United States and of the State of North-Carolina, and that he tfill faithfully perform the duties appertaining elected. Sec. T. 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 dem expedient. Sec (j. The Governor shall have power to grapt reprieves, commutations aud pardons, after conviction, ffor all offences, (except in cases of impeachment,) upon such conditions as he may think propei subject to suchrcgulations as - may be provided by law relative to tlie manner of ap plying for pardons. He shall anuaily communi cate to the General Assembly each case of re prieve, commutatioiK.or pardon granted ; stating the name of each convict, the rime for which he was convicted, the sentence and its date, the date of commutation, pardon, or re prieve, and the reasons therefor. Sec, 7. '1 he officers of the Executive Depart ment and of the Public Institutions of the State, shall at least five days previous to each regular session of the General Assembly severally report to the Goveraor, who shall trasmit such reports, with hia message, to the General Assembly; and the Governor may, at any time, require informa tion iu writing from the oflieers to the Biecutlvs Department upon any subjtctrelating to the du ties of their respective effices, and shall take care that the laws be faithfully executed. Sec. 8. The 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 occasions, by and with the advice ot the Council of State, to convene the General As sembly, in extra session by his proclamation. 1 stating therein tne purpose or purposes for which they are thus convened. : x .Sec. 10. The Governor shall nominate, and, by and with the advice, and consent of a majority of thd Scuators elect, appoint all officers whose offi ces are established by thi contitution, or which shall be created by law, and whose appointments are not otherwise provided for, aud no such offi cer shall be appointed or elected by the General" Assembly. Sec. 11. The Lieutenant Governor shall be President of the Senate, but shall have rio vote unless the Senate be equally divided. He shall wnust acting as if resident ol the Senate, receive for his services the same pay which hall for the same period, be allowed to the speaker of the House of Representatives, and he shall receive no other compensation except when he is acting as Governor. Sec. 12. In case of the impeachment of the Governor, his failure to quality, his absence from the State, his inability to discharge the duties of his office, or in case the office of Governor shall in anywise become vacant, the powersduties and emoluments of the office shall devolve upon the Lieutenant Governor until the disabilities shall cease, or a hew Governor shall be elected and qualified. In every case in which the Lieu teuent Governor shall be anable to preside over the Senate, the Senators shall elect one of their own number President of their body; and the powers, duties, and emoluments of the office ot Governor shall devolve upon him whenever the Lieutenant Governor shall, lor any reason, be prevented from discharging the duties of such office 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; thcSecre tary of State shall convene the Senate, that they may elect such President. Sec. IU. The respective duties of the Secretary of Slate, Auditor, Treasurer, Superintendent of Public Works, Superintendctt ot rubuc Instruc tion,, and Attorney General shall be prescribed by law. i it the omce oi any ot said officers snail be vacated by death, resignation, or otherwise, it shall be the duty ot the Governor to appoin t. an other until the disability be removed or hl3 suc cessor oe elected and quaunid. n.very sucn va cancy shall be filled by election, at the first gen eral election that occurs more than thirty . days after the vacancy has takea place and the person chosen, shall hold the office for the remainder of the unexpired term fixed in the first section oi this Article Sec. 14. The Secretary of State, Auditor, Treasurer, Superintendent of Public Yorks,-and Superintendent ol Public Instruction shall con stitute ex ojticio the Council of State, who shall advise the Governor in the execution of his office, and three ot 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 auy part oi which any member may enter his dissent ; and such Journal shall be placed before the General Assembly when called fdr by either House, The Attorney General shall be ex officio : the legal adviser of the Executive Department. .' v See 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 lor wmcn tney snail nave been elected, and the said officers shall receive no other emolu ment or allowance whatever. Sec 16. There shall be a seal of the 8tate, which shall be kept by the Governor, and used by him as occasion may require, and shall be called "the Great Seal of the State of North Carolina.' All grants and commissions shall be issued in the name and by the authority of the State of North Carolina, sealed with the Great Seal of the 8tate," signed by the Governor and countersigned by the Secretary of State ' 8ec 17. There shall be established in the office of the Secretary of State, a Bureau of Statistics Agriculture and Immigration, under such regula turns as iuQ uenerai Asseraoi; may provide. ARTICLE IV. . JUDICIAL DEPARTMENT. - Section L The distinction between actions at law and suits in equity, and the forms of all such actions and suits shall be abolished, and there shall be In this State but one form of action, forf the enforcement or 'protection of private rights! or the redress of private wrongs which shall be denominated a civil; action; and every action prosecuted by the people of the State as a party, against a person charged with a public offence, tor the punishment of the same, shall be termed a criminal action. Feigned issues' shall also be abolished and the fact at issue be tiled by order of court before a jury. . f Sec 2. Three Commissioners shall be appoint ed by this convention to report to the General , Assembly at its first session after this Constitu tion shall be adopted by the people, rules of practice and procedure in accordance. with the provisions of the foregoing section, and the con vention shall provide for the Commissioners a reasonable compensation. ..... ; 4 ' . Sec 3. The same commissioners shall also re port to the General Assembly as soon as practi cable,: a code of law of North Carolina, :5 The 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 the trial of Impeachments; a Supreme Court, Superior Courts, Courts ot Just- 1 ices of the Peace arid Special Courts, Sec 5. The Court for the trial of impeachments shall be the Senate; a majority of the members shall be necessary to a quorum and the judgment qualification to hold office in this State ; but the Snail not extend- beyond removal Ironi, and dis- party shall be liable to ludietment and punish ment according to law. 8ec 6. The House of Representatives solely, shall have the power ot impeaching." - No person' shall be convicted without the concurrence of -two-thirds of the Senators present When the . Governor is impeached the Chief-Justice shall preside, . ,. Sec 7. Treason against the State shall consist only in levying war against it, or adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testi mony of two witnesses to the same overt act, or on confession in open court No conviction of treason or attainder shall work corruption of bloed on forfeiture. Sec 8, The Supreme Court Bhall consist of -a Chief Justice and four Associate Justices. Sue 9. There shall be two terms . of the Su prerir.e Court held at the seat of Government of the State in each year, commencing on the first Monday in January, and 'first Monday in June, and continuing as long as the public interest may require. . , See TO. The Supreme Court shall have - juris- : diction to review, upon appeal, any decision of the Courts below, upon any matter of law or legal inference; but no issue of fact shall be tried be fore this court ; and the court shall have power to issue any remedial writs necessary, to give it a general supervision and control of the Inferior1 courts, ' -.. .) See 11. The Supreme Court shall hav. original jurisdiction to hear claims against the State, but its decisions shall be merely recommendatory ; no process in the nature of execution shall issue thereon; they shall be reported to the next ses sion of the General Assembly for its action. Sec. 12, The State shall be divided into twelve udicial districts, for each of which a Judge shall be chosen, who shall hold a Superior Court iu each county in said District, at least twice iu each year, to' continue for two weeks, unless the busi ness Bhall be sooner disposed of. V Sec. 13. Until altered by lawT the following shall bo the Judicial Districts : First District Currituck, Camden, Pasquo tank, Perquimans, Chowan, Gates, Hertford, Bertie Second District Tyrrell, Hyde, Washington, Beaufort, Martin, Pitt, Edgecombe. Third District Craven, Carteret, Jones, Ons low, Greene, Lenoir,' Wayne, Wilson.1 Fourth Diatrietv-Brunswick, Tew Hanover, IupliBV,Columbus.?Bladenr Sampson, Kobeson. Fifth District Cumberland, Harnet, Moore, Richmond, Anson, Montgomery, Stanley, Union. Sixth District Northampton. Warren. Hali fax, Wake, Nash, Franklin, Johnston, Granville. aeventn District hereon, Orange, Chatham, tandolph, Guilford, Alamance, Caswell. Rock- ngham. " I . J Eighth District Stokes. Forsvthe. Davidson. Davie, Rowan, Yadkin, Surry. t mntn AHsinci. -uatawDa, uanarrus, Mccklen, burg, Lincoln, Gaston, Cleveland, Rutherford. Polk. . , Tenth District Iredell. Burke CaldweHV Wilkes, ; Alexander, McDowell. ' . - . - Eleventh District Alleirhan v. Ashe. Watauara. Mitchell, Yancy, Madison, Buncombe. - .twelfth District Henderson. Trans vlvania. Haywood, Macon, Jackson, Clayj Cherokee. Sec 14. Every Judge of a Superior Court shall reside in his District while holding his office. The Judges may exchange districts with each , other with the consent of the Governor, and the 1 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. Sec. 15; TheSuperior Courts shall have exclu sive original7 jurisdiction of all, civil actions, whereot exclusive original jurisdiction is not given to some other Courts; and of all criminal actions", in which the punishment may exceed a nne or ntty dollars or imprisonment for one month. Sec 16. The Superior Courts 6hall have appel ate jurisdiction of all issues of law or fact, de-, ter mined by a Probate Judge or a Justice of tlie Peace, where the matter in controversy exceeds twenty-nve dollars., and ol matters ot law in ail cases. i ' i Sec. 17. The clerks of the! Superior Courts shall have jurisdiction of the probate of deeds, the granting oi letters testamentary and ot adminis tration, the appointment of iruardians. the an- prenticing of orphans, to audit the accounts of executors, administrators and guardians, and of such other matters as shall be prescribed by law. Ail issues of fact joined before them shall be transferred to the Superior Courts for trial, aud 1 appeals shall lie to the Superior Courts from their judgments in all matters of law. Sec 1c In all issues of fact, joined in any court the parties may waive. the right to have the same determined by jury, in" which case the finding of the judge uppu the fact, shall have the force and eflect of a verdict of a jury. See IV. I he ucneral Assembly shall provide for the establishment of Special Courts, for the trial ot misdemeanors, in cities and towns, where the same may oe necessary. Sec. 20. The Clerk of the Supreme Court shall be appointed by the Court and shall hold his of fice tor 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 Jaw tor the election ol member of the General Assembly. r V ' ' Bee lu. Olerks of the Superior Courts shall hold tkeir offices for four years. Sec 23. The General Assembly shall prescribe and regulate the fees, salaries, and emoluments of all officers provided for in this article ; but the salaries of the Judges shall not be diminished during their continuance in office Sec 24. The laws of Xorth Carolina, not re pugnant to this Constitution, or to the Constitu tion and laws oi the United States, shall be. in lorce until lawfully altered, y . ' " Sec 25. Actions at law, and suits in equity, pending when this Constitution shall go into ef fect, shall be transferred to the Courts having jurisdiction thereof, without prejudice by reason of the 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 for, shall be heard and determined, according to the practice now in use, unless otherwise provided for by said rules,. - Sec 20. The Justices of the Supreme Court 6hall be elected by the qualified voters of the State as is provided lor the election of members of the General Assembly. They shall hold their offices foreight years. The Judges of the Supe rior Courts shall be elected in like manner, and shall hold their offices for eight years ; but the. Judges of tho Superior Courts elected at the first election under this Constitution, shall, alter their election, under theisuperintendence 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. QmdvcUd m fourth pas, V. I : I ,1 : 1 4 ;a. r, ' s I
The Wilmington Post (Wilmington, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
April 16, 1868, edition 1
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