Newspapers / The Wilmington Post (Wilmington, … / April 18, 1868, edition 1 / Page 1
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i i 1IIE WipiNGTOS-DAIlY M TERM3 OF SUBSCRIPTION INVARIABLY IN ADVANCE Per Month..;, .-..V. .1 ........ .iv. . .75 cents. For the Political Campaign.... ....50 cents. RATES OF ADVERTISING: Avertisements will be' inserted at v$l 00 per unnarc for first insertion arid 50 cents i each t x , . . . ... subsequent insertion. . , Ten lines or less, solid minion type, constitute a square. 'I : . ' WILMINGTON 1 IS PUBLISHED EVERY MONDAY. 4 :; StJBSCBIPTION : One year J. . Advert iscsaents f 1 per square. ..'..'.'...S3 00 MASONIC DIRECTORY. St. John's Lodge No.'1 It Meet last Thursday evening in each month. HojuceII . Munson, W. M.. -' 4 Wm M. Poisson, See j. !. Concord Chapter No. 1 9 Meets 1st and Zd Monday t in each month. Thos. M. Gardner, M. E. H. P. i Wm. Larkiss, Sec'y. i Wilmington Council No. 4, i Meets 1st Wednesday in each month. f Alfred ; Martin, T.v L. G. M. t I. D. KYTTENBBRa. itccoraet REVIEW OF TOE CONSTITUTION. ADDRESS OF ; im, mmm To Via Teople of Korth-Carolina : ; , . The Convention which inet under the , Recon struction acts of .Congress, to form a Constitu tion i "republican in form'1 for the State t f North Carolina, preparatory to Its rc-admmission into present the Constitution to the people of the State for their ratification. The undersigned uaveucen appuiuicu iu yicyio uini owuimn ! of its- most important brovisions and of the f principal changes which have been made in the ' former system of Government. ' : j .THE BILL OF BIGHTS ." j "the ' ceneM and essential Prin- CiplC OI UUUriJf uuu guvu guibiuuivu., uu secures them by all the saieguards which ex perience can suirgest. - The great change introdu ced by this Bill of Rights is, that it removes every argument on which the doctrine of the risrhtot secession has heen advocated, and se- cures forever the integrity oi me union nu uie. peace and prosperity of the United : States. To l the Union-loving people of North-Carolina no defence need be made for the bold assertion of this great principle ' s v 1 t In the Executive Department the changes appear to be much greater than they, really are. The names ol some officers have been, changed, . and instead of being elected by, tne uencrai Assembly as heretofore, the choice of these high agents ot the peopled will is given directly: to the ocoole. This is in conformity with the ac knowledged principles of Republican govern ment. But two officers have been created. , 1st Lieutenant Governor. The' necessity for this officer to supply the place , of the Governor, in case of a vacancy in his office, was so apparent . that it was provided for in the proposed Con stitution" of 1835. vNo additional expense is in- , currea, as uepwiii receive no PaJ except wiiue acting as Governor or presiding over the Senate. -i proper care of the interests of the State in the grcai ana expensive puouc worns in wnicn it is engaged renders such an officer manifestly ne- macari7 ' ff id a m net Qll'rn rif unnnnm v . Tlvk Afatw has lost hundreds of thousand of dollars hereto- - c a. r xi a v. r-1 ii it t.!.i. jut. officer will give to the expenditure of the public ; money on iuternal improvements. unaertneneaaa oi ine legislative ijepart ment and Suffrage and Eligibilitt to Office, A I 1 . 1 I- , 1 11; 1 T 1 il A t ine cnaugus wmtu win vuuucugti aitenuou is -the giving the right to vote and hold office to all a the male inhabitants of the State, without re ' gard to race, color or previous condition. This , chansre was inevitable- Without it there can be no return to the union, no escape irom tne hopeless ruin which is inseparable from a con ; ti nuance in our present unnatural condition. But apart from this -convincing reason, reflect- tag men must see that a prudent regard ior ine welfare of both races and for the peace and har- X- . : nt 41x nrl,nil nil nf hn : great privilege of voting to the colored people, and just men must admit that all who are expec- ted to bear meir snare os i.ue, mauuoiu-uurueuo of the government at all times, arid to expose their lives for its defence in war, should be al lowed a full participation in its direction. To would be to continue slavery in a modified form, a course too abhorrent to the spirit of the age to '. be permitted. v-1".- ,:v-'::r'. L I While giving suffrage to the colored people, the Convention -has not been so inconsistent ;. KrUK ifaAir and with the irrcat nrineiDles of - Re publican government, as to deny it to any pot- , tionofthe whites. It is an undeniable monu ment to the wisdom and lequity, and magnan imity, of the Union people of North Carolina, luai iu inrce years tutcr ?iuo vwao vi n uiuvujr and devastating civil war, in which wrongs and ouirages were enuurcu iuui uci u'8ui ienrthey have framed a Coristitutiou, in which A J . I . . MM . AW A. IA . ..fT. J . aioi a trace oi animosity or yiuuwmicuwo uu u found ; in which the wrong of the vpast are, ig nored for the sake of the peace of the future, and all who are now true to their country, are invi ' ted to participate in its government. Such wise 1 forbearance is certain ol its reward In tne ap- provaL of reflecting .men now. anaoi an pos-ernjr This may be the proper place to speak of a charge, which has been freely made against this , Constitution, by those who have never seen it, and have determined to ' defeat it. be it whatt 4itinay. The charge is, thatitfavors the social ? equahty of the races.: It is untrue,;nothing can . She found in the copstitutloa looking in that I direction. With the social; intercourse of life, government has nothing to-do ; it must be left to the taste and choice of each individual. Y r , ., 8om person has been so 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 and colored children to i ; attend, the same schools, and that intermarriages , between t.hft mpoa nro. pimnnrxirM). All these &S- eertionsare, false, as any reader of the constitu tion will sec All Viae matters are leftnow, as they ! wre by Uu proposed Constitution of 1865, to be regur I lated by tfie representatives of the people in the General Assembly. Any one who denies the propriety of i thus leaving them both impeaches the wisdom Of bur ancestors and distrusts the people of the f u ture. . , t ;v : : i ! The attempt to excite a false prejudice on i these subiects. is made for partizan purposesitcan I Only tend to e-rritn (ll.irIlfl,AwoPii rare. thAt ar uesiincd to live on the same soil, and ought to live together in peace, and it should be frowned aown by every lover of the peace and prosperity oi the country. H " JUDICIAL DEPARTMENT." " !: ,.i,75eriencC; wU1 oon demoristrate that the Hi?Kuraadc m thi branch of, the government Xmi5iSs?tar we of great value. 8ome may Sffprlccti judges hy the people, if the people- select wisely, no harm can possibly result. , The abolishment of the oZ 1 Court8 rendered necessary a tmaU in- - vkv; in me number' of judges, oi.tne tsupenor Courts t im it fhft y system will be more eipenslvethan the old. we have considered this well, and we confidently uro ine people of North Carolina, that u tne Illl mm POST OAHADAN 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 admiGistration 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 valued with every year of its exis tence. ' . . County Government. i The Republican principle of local self-government, which has been 60 fertile a source of good effects in the North-Eastern and North-Western States, has been applied to the administration of the local flairs of counties r' and town-ships. These County Legislatures, , composed of five Commissioners of each counry; will be schools, where the lessons oi statesmanship will be learn ed; which may be afterwards displayed in the government of the State. By these various bod ies, almost every man is brought directly to' par ticipate in public; aflairs. It may seem a' little awkward at first, but it has approved itself else where, and will do so here. ; - Education. The Constitution framed by our ancestors in 1776, recognized the value of education. "It pro vided lor a University. . This Constitution pro vides for a University and for free public schools for all Uie children of tlie Stale. All may sec the difference between th wicocas in life of the edu cated and thenncducatcd man, yet as often as not, the uneducated man has been gifted with the greater degree of intellectual power; the cause of his ill success is that it has not been devel oped.? We propose to "level upwards," to give ,to the'ehild, as far as the State can, an opportu nity to develope to the fullest extent, all his in-; tellectual gifts. So noble an effort needs no vin dication. !:: ."".V- , impbisonment fob debt. . is abolished except in case of fraud.7 A liberal homestead is reserved to the uufor tnnate debtor. The barbarous ; Ihmixhmcnls 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 Iluilenti ary will be at once a place for the repression of crime, and a school ior teaching the useful arts to tho,se who are more unfortunate than criminal..- - -v ' .- People 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 of your decision fall. .You may not approve every - part of it. We cannot assert that it is perfect in every, part. You must allow somewhat for the differences of opinion in evitable amon- thinking men, and each man must yield something of his own views for the 6ake of harmony. If you approve, the general scope and object of the Constitution, vote to ratify iti ' Do not be misled by the unfounded denunciation of men Jieated by p3ssionand reek less of consequences. If you adopt it, the gates of the Union will be opened for our entrance, we will once again enjoy the inestimable blessings of Constitutional Liberty, and may 1 hope for a continuance of peace and for a return of our for mer prosperity. 4 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 of sorrows and guilt, let us all nite to make her. what she ought to be. : You have but to wili it. aud by the blessing of God, it will be d WILL. B. RODMAN. , GEO. W. GAHAGAN. OFFICIAL, or NORTH 0 AIlOLIiVA. - .PREAMBLE. : We the people of the State of North Carolina, grateful to Almighty God, the Sovereign Ruler of-Nations, for the preservation of the American Union, and. the existence of our civil, political and religious liberties, ; and acknowledging our dependence upon Him, for the continuance of those blessings to us and our posterity, do, for the more certain security - thereof, and for the better government bf this f State, ordain and es tablish this Constitution. ARTICLE I. declaration of rights. That the great, general and essential principles of liberty and free government, may be recog nized and established, and that the relations of thi3 State 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 be self evident that all men arc created equal ; That they are en da wed, by their Creator with certain unalienable rights; that iamong these are life," liberty, the en joyment of the fruit of their own labor, and the pursuit of happiness. r : Sec 2. That all political power is vested in, and derived from the people; all government of rlcht originates from the ueoule. is founded UDon their will only, and is instituted solely for the cood of the whole. , See 3. That the people of this State have the inherent, sole, and exclusive right of regulating the internal government and police thereof, and of altering and abolishing their Constitution and form of government, whenever it may- oe neces sary to their safety -and happiness ; but every such right should be exercised in pursuance of law. arid consistently with the Constitution of the United States. See 4. That this State shall ever remain a mem bef of the American Union, that the people there- Tof are part of the'American nation; that there is no right on the part of this State to 8ecede, and that all attempts from whatever source or upon whatevef pretcxtj to dissolve said Union, or to sever said nation. 'onsrht to be resisted with the whole nower of die State, i f; : Sec. 5. That every citizen of, this State owes Saramount allegianee to the Coustitutionj and iovernment of the United States, and that no law or ordinance of the State in contravention or subversion .thereof, can have any. binding force ' . '. ! 8ec 6. To maintain the honor and good faith of the Btate untarnished.! the public deDt, regu larly 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 iration. express or implied, incurred in aid of in snrrection or rebellion against the United States. or any claim for the loss or emancipation of any slave . ; See 7. No man or set of men . are entitled to exclusive or separate emoluments or privileges from the community ooi in cousiuerauon pi puo lie services.- -- -:--v'. A"'1 . 8p.fL R. The Lesrislatite. Executive, and Su preme judicial powers ot the government ought to be forever separate' and distinct from each n(fii y . -' ' ' ..." ' U ' i See.O 'All Dower of suspending laws,' or the execution of laws, by any authority, without the consent ot the representatives or me peopie, is injurious to their rights, and ought not to be ex ercised. -; '.-J--H - i Sec 10. All elections ought to be free ; See 11. In all . criminal prosecutions, every man has the right to be informed of the acensa tioh 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, fall fees, or necessary witness fees of the defence, ilna fnnntl CUlltV. " " - ' See 12. No person shall beput to answer any nHmlnalchanre except as ueremauer allowed. but by indictment, presentment, or impeach- t is n a nereon snail- uc cuuvieiea oi any i.rtm hnt vw the unanimous verdict of a jury of ,mnA and lawfnl men in open court. The Legis- &ture may, however, PrOTiat?ih?Lm l trial, for petty misdemeanors, vrith the right of appcaa CONSTITUTION . j .. v v. ' r 1 .ii.iiiii . ii i ii - - ii i i ; mm Sec. 14. Excessive bail should not be rerralnvl nor excessive fines imposed, nor cruel or unusual punishment inflicted, r ' - - ' i v - Bee. 15. General warrants, whereby any officer meftBenger may oe cpmmanaea to search sus pected Places, without! evidence of thn art mitted, or to seize any f person or ; persons not "uii,u, nuuse oiieucu, ia not purLicuiany qc- Bcnoea and supported by ; evidence, are danger ous to liberty and ought not to be granted. - See 16. There shall be no imprisonment for ueoi in mis Btate, except in cases or lraud, Sec 17. No person ought to be taken, impris oned or disseized of ' his freehold, - liberties or privileges, or outlawed or exued, or in any man ner deprived of his life,! liberty, or property, but by the law of the land, j - - - ' 8ec 18. Every person restrained of his liberty, is entitled to a remedy jto inquire into the law fulness thereof, and to remove the same, , if, un lawful ; and such remedy ought not to be denied Or delayed. , . " . Sec 19, In all controversies at law rcsDoctln!? property, the ancient mode of trial by jury la one w. mc uesj, eecanues of lue ncuisoi me people, and ought to remain sacred and inviolable . , Sec. 20V The lreedom of the press is one of the' great oui wants or liDerty. ana therefore ought never to be restrained, but every individual shall be held responsible for the abuse of the same. 8ec 21. The privilege of the writ of habeas cor- p;c9 slum not De suspended.'. ' i Sec. 23. As political rights arid ; privileges are not dependent upon, or modified t by property; therefore no. property qualification ought to et- fect the right to vote or hold office. -f Sec. 23. The people of this State ought not to be taxd, 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. - " 4 -. -- v - Sec 24. A well regulated militia being neces sary to the security of j a free State, the right of ine people to Keep ana Dear arms snail not be in fringed; and, as 6tandin; 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 bv. the civil power. , 7;"" ::-1-.-". Bee. 25. The people have a right to assemble i together to consult for their common good, to instruct their representatives, and to apply to the Legislature for redress of grievances. if ; Sec. 26. All men have ; a natural and unalien able right to worahip-Almichty God according to the dictates of their oiwn consciences, and no human authority should in any case whatever, control or interfere with jthe rights of conscience. Sec. 27. The people have a risrhtto thenrivi. leges of education, and it is the duty of the State to guard and maintain that right. . " See. 28. For redress bf .urricvanr.e and for amending and strengthening the laws, elections should be often held. j . . , t Sec. 29. A frequent recurrence to fundamental principles, is absolutely necessary to preserve the blessings of liberty. . r. . :v-. 8ec. 30. No hereditary emoluments, privileges, or honors, ought to be ghmted or conferred in this State. - Sec. 31. Perpetuities and monopolies arc coii- trary to the genius of a f rXje State, and ought not to be allowed. I 8ec 32. Retrospective j laws. Duuishincr acts committed before the existence of such laws, and by them only declared Criminal, are ODDressivc unjust and incompatible with liberty, wherefore,. no ex post jacio law ougntj to be made. No law taxing retrospectively, sales, purchases, or other acts previously done, ought to be passed. ' Sec 33. Slavery and involuntary servitude, otherwise than for crime whereof the parties shall have been duly convicted shall be, and are hereby forever prohibited within this State Bee. 34. I he Hunts and boundaries ot the State shall be and remain, as they now are. Sec do. All courts shall -be open, and every person lor an injury done him in his lands, goods. person, or reputation, shall have remedy by due ! course ot law, and right and justice administered without sale, denial, or delay. .Se 5b. JNo soldier shall, in time ot peace -be quartered in any house without the consent of the Owner ; nor in time of war, but in a manner prescribed by law. j Tv 1 " Sec. 37. l his enumeration of rights shall not be construed to impair or deny others, retained by the people; and all powers, not herein dele gated, remain with the people. . ARTICLE II. LEGISLATIVE DEPARTMENT. Section 1. The Legislative authority shall be vested in two distinct branches, both dependent on the people to-wit ; a senate and Mouse of Rep resentatives. 1 1 Seci 2. 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 a ma-. loritv of an the members are actually present. sec. 6. rue senate shall oe composed ofhity Senators biennially chosen oy Dauot. Sec 4. Until the first session of the G cneral Assembly which Shall be had after the year 1871, the Senate shall be composed of members elect ed lrom Districts constituted as fo Hows : F Trirfit. TllRrHf-t PArnnimnm flinwiin' Pocniin. tank, Currituck, Gates and Camden, shall elect two senators. v- ' - ' . Second District Martini Washincton and Tvr rell shall elect one Senator, t . u l Third District Beaufort and Hyde shall elect one senator. '. ... 3-. . 1 Fourth District Northampton shall elect one Senator. i ' Fifth District Bertie and Hertford shall elect one senator. !'.' .' . ; Sixth District Halifax shall elect onje senator. oeveuiu lisinct jagecomoe Shan elect one senator. ; .-I-( '-'"i-- Eighth District Pitt shall elect one senator. Ninth District Nash and; Wilson 6hall elect one Senator. ! Tenth District Craven and Carteret shall elect two senators. , Eleventh District Jones and Lenoir shall elect one senator. - l ' v Twelfth District -Duplin and Onslow shall elect one senator. i Thirteenth District Brunswick and New Han over shall elect two senators.' x ? Fourteenth District Bladen and Columbus shall elect one Senator. I Fifteenth District Robeson shall elect one senator. :-Vv --h: ;v :' Sixteenth District Cumberland, Harnett and Sampson shall elect two senators. seventeenth District Johnston shall elect one senator. : '' ' Eighteenth District Greene and Wayne shall elect one senator. 1 Nineteenth District Franklin and Wake shall elect two senators. " "!,-: ; Twentieth District - Warren ? shall elect one senator. : - Twenty-first -District G ranville and Person shail elect two senators. ' . I - 1 Twenty-second District Orange shall elect one senator. , Twenty-third District Chatham shall elect one senator. - .. v - r - : Twenty-fourth District Caswell shall elect one Twents-fifth Dlstrictr-Rockingham shall elect one senator. i Twenty sixth District Alamance and Guilford shall elect two senators. 1 Twenty-seventh District Randolph and Mont gomery shall elect one senator. - Twenty-eighth District Moore and luenmona .... mm- - shall elect one senator-.' ' 1 ' i . - Twenty-ninth DistrictA-Anson and Union shall eiect one senator. . .' - Thirtieth District Mecklenburg shall elect one senator. i '- Thirty-first District Cabarrus and Stanley shall elect one senator. i s -j Thirty-second District Davie and Rowan shall elect one senator. t i , i Thirtyj-third District Davidson shall elect one senator. 1 ? Thirty-fourth District Forsvthc and Stokes shall elect one senator. ,;..'. Thirty-fifth District SurrV and Yadkin shall elect one senator. -- . 1 - Thirty-sixth District Alexander and Iredell shall elect one senator. 1 Thirev-seventh District Catawba, Gaston and Lincoln shall elect one senator. Thirty-eighth District Cleavelarid, Polk and Rutherford snail elect one senator. , Thirty-ninth' District Alleghany; Ashe and Wilkes shall eict one senator. - , ,rf r Fortieth District Buncombe; Henderson and Transylvania shall elect one senator. , '-.i v-x ! Forty-first District uurke, Caldwell and Wa tausra shall elect one senator. , vi Forty-second District Madison, Mitchell, Mc Dowcii ana xancy snail eieci one senator. Forty-third District Clay, Cherokee. Hay wood, Jackson . and j Macon shall elect one sen ator.: ., ,f- L - f : ; Sec 5.1 t An enumeration of the inhabitants of the State shall be taken under the direction of the General Assembly in the year one thousand eight hundred and seventy-five, and at the end bf 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 nt taxed. and shall remain unaltered untii the return; of another enumeration, and shall at all times con sist Of contiguous territory : and no V countv shall be divided in Jthe formation of a Senate District, unless sucn county 6haii be equitable entitled to two or more senators. ' . ' v. . :t i See 6. House of Representatives shall be com- pose4Jof one-hundred and twenty Representatives, biennially chosen by ballot; to be elected by the onnties -respectively, according to their popula tion, ana each county snail nave at least one Kep- reseniauye mine nousaoi ttcpresentatives,-although 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 T I A J! A. J A . . . . nereinoeiore aireciea w oe iaia on. . , Sec. 7. In making the apportionment in the House of Representatives, the ' ratio of represen tation shall be ascertained by dividing the amount of the population of the : State, exclusive of that comprehended .within those counties which do not severally contain the one. hundred and twen tieth part of the population bt 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, shall not be included. To each county containing - the r said ratio and not twice the said ratio, there shall be assigned one representative j to each county containing twice but not three times the said ratio, there shall be sively, and- then the remaining: representatives shall be assigned severally to the counties hav ing the largest fractions. 1 f ; see 8. Until the Ueneral 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,; ta.wit : The county oi 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 ankl'in, Guil ford, Iredell, Johnston, Mecklenburg, Nortnamp ton, Orange, Pitt, Randolph. Robeson Rocking ham, Rowan; Warren and Wayne shall elect two members each; the counties of Alamance, Alex ander, Alleghany, Anson, Ashe, Beaufort, Bertlei riaaen, crunswiciv, uuncomue, uurKe, uaDarrus, Caldwell, Camden, Carteret, Catawba, Cherokee. Chowan, Clay, Cleveland, Columbus, Currituck, Davie, Jjorsyth, Gaston, Gates Green, Harnet, Henderson, Haywood, Hertford. Hyde. Jackson. Jones, Lenoir, Lincoln, Macon, Madison. Martin, r -"v . 1 1 1 11 - r a at . xuLcuoweii, miicneii, monigomery, aioore, ixasn, Onslow, Pasquotank, Purquimans, Person,' Polk; mcumoua, ttutnenora, sampson, Stanley stOKes, 8urry, Transylvania, Tyrrell, Union, Washington; Watauga, Wilkes, Wilson, Yadkin andj xancy shall elect one member each. Sec. 9. Each "member of the Senate shall be not less than twenty-fife years of age, shall have resided in the State as a citizen two years, and shall have usually resided in the District for which he is chosen, one year immediately prece ding his election Sec. 10. Each member of the House of Rep resentatives shall be qualified elector of the State, and shall have resided in the county for which he is chosen for 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 oonstitution, the vote shall be viva voce. . . . . See 12. ! The General assembly shalLhave pow er to pass general laws reguiatingi diyorce and alimony, but shall not have power to grant a di vorce or secure aiimony in any individual .case Sec 13. The General Assembly shall not have power to pass any private law to alter the name of any person, or to legitimate any person not born in lawful wedlock, or to restore to the rio-hta of ritizenshin aav person convicted ot an infamous crime, but shall have power to pass gen eral laws regulating the same. Sec. 14. The General Assembly shall not pass any private law, unless it shall be made to appear, that thirty days notice of application to pass such law shall have been given, under such direc tion, aid in such manner as shall be provided by law. See. 15. If vacancies shall occur in the Gene ral Assembly bv death, resignation or otherwise, writs of election shall be issued by the 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 faith of the State ; directly or indirectly for the pay ment of any debt, or to impose any uut up mo people of the State, 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 Assembly and passed three several readings, which readings shall have been on three different days, and agreed to by each House respectively, and unless the yeas and navs on the second and third readings of the bill shalLhave been-entered on the Journal. . Sec. 17. The General Assembly shall regulats entails in such mariner as to prevent perpetuties. Sec. 18. j Each house shall keep a journal of ite proceedings, which shall be printed and made public immediately after the adjournment of the General Assembly. 4 See 19. Any member of cither house may dis sent from, and protest against, any act or resolye, which he may think injurious to ine puDiie or any individual, and have the reasons of his ' dissent entered upon the J ournai. t 8ee 20. The ; House of Representatives shall choose their own Speaker and other officers. See 2L The Lieutenant-Governor 6hali pre side in the Senate but shall have no Vote, unless it may be equally divided. See 22. The 8enate 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. See 23. The st vie ol the acts shall, be "The General Assembly of North Carolina do enact." Sec. 24. Each house shall be judge of the qual ifications and elections of its own members, shall sit upon its own adjournment from day to day, Ere pare bills to be passed into laws, and the two ousea may also jointly adjourn to any future day, or other place -.---v , , t Sec 25. All b)iis and resolutions 01 a legisla tive nature shall be read three times in each house before they pass into laws and shall be signed by ine presiuing ouicere ot ouiu uuubco. j Sec 26. Each member or the General. Assem bly, before taking his seat, shall take an oath or affirmation that he will support the constitution and laws of the United States, and tne constitu tion of the State Of North-Carolina and will faith fully discharge his duty as a member of the sen ate or house of representatives. .-V r Sec 27. The terms 01 omce ior senators ana members of the House of Representatives shall commence at the time of their election ; and the fprTn of office 01 those eiecxea at tne urst election held under this constitution shall terminate at the same time as if they had been elected at the first ensuing regular election. v -. 2ft. Uixn motion made and seconded in either House, by one-fifth of the members pres ent, the yeas and nays ' upon any question shall be taken and entered upon the journals. , t i sap 23T The election for members of the Gen- pi-aI Assembly shall be held for the respective dis tricts, and counties, at the places where they are nOW ilelu, OT Iimj U wv.kw vr uyui 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 holding the elections The first election shall be held when the tote shall be taken on the ratification ot 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 Congress of the United 6Utes if H tail cot on Sunday, but 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 lar election. , v x . ,.-... ; . : ARTICLE III .. - . ' ' EXECUTIVE DXTABTXEliT. J " ' J . , '- ... . -X- . - - , : - . ! Section 1. The , Executive Department ; shall consist of a Governor (in whom shall be vested the 8upremeT executive power of the . State) a Lieutenant Governor, a 8ecretary- of 8tate, 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 i provided that the officers first elected jshall assume the duties of their office ten days after the approval i of this Constitution by the Congress of - the . .United Stales, an dshall hold their offices four years from and after the first day of January 1869. " - r ? Sec 2, No person shall be eligible as Govern or or Lieutenant Governor, unless he shall ' bare attained the age of thirty years, shall have been a citizen o! the United States five years, and shail have been a resident of this State for two years next before the election; nor shall the person elected to either of these two offices be eligible to the same office more than four years in any term oi eigut years, unies the offlce shall have been cast upon him as Lieutenant Governor or Presd ent of the Senate See 3. The return of every election for officers of the Executive Department shall be scaled up and transmitted to the seat of Government by the returning officers, directed to the Speaker of the House of 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 highest number of votes respectively, shall be declared duly elec-. ted ; but if two or more be equal and hichest 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 bpth Houses of the General Assembly, in such' manner, as , shall be prescribed by law. ' n : . see 4 4ihe Governor, before entering upon the duties of his office, shall, in the , presence of the members otboth branches of the General Assm bly; or before any J ustice of the Supreme Court; take art oath or affirmation, that he will support the constitution and laws of the United estate and of the State of North-Carolina, and that -he wui laitniuiiy penonn the duties appertaining to the offlce 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. ' v v 1 Sec: 6. The Governor 6hall haye; power to grant reprieves, commutations and pardons, after conviction, for all offences, (except in cases of impeachment,) upon 6uch conditions as he may think proper, subject to suchjregulatlons as," may be provided by law relative to the manner of - ap plying for pardons. He shall anually communi cate to the General Assembly each case of re prieve, commutation or pardon granted ; stating the -, name , of each - convict, the .crime . for which he was convicted, ;the sentence and its date, the date of commutation,'! pardon, or re prieve, and the reasons therefor. See 7. The officers of the Executive Depart ment and of the Public Institutions of the State, shall at least five days previous to each regular session of the General Assembly severally report A A aT9 . m mm- a . - to tne iiovernor, wno snail trasmit such reports, with his message, to the General Assembly; and the Governor may, at any time, require informa tion in writing from the officers in the Executive. Department npon any subject relating to the du ties of their respective offices, and shall take care that the laws be faithfully executed. ;- ' See 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. - .Wi :f:'- See 9. The Governor shall have power, on ex traordinary occasions, by and 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 purposes for which they are thus 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 this corititution, or which, shall be created by law, and whose appointments are not otherwise previded for, and 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 no vote unless the Senate be equally divided. He shall whilst acting as President of the Senate, receive for his services the same pay which 6hall for the same period, be allowed to the speaker of the House or Representatives, and he shall receive no other compensation except when he is acting as governor. , , . See 12. In case of the impeachment of the Governor, his failure to quality, lus absence from the State, his inability to discharge the duties of his office, or in case the offlce of Governor shall in anywise become vacant, the powers, duties and emoluments of the office shall devolve upon the Lieutenant Governor until the disabilities shall cease, or a new governor shall be elected and qualified. In every, case in which the Lieu- tencnt uovernor 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 of j Governor shall devolve upon him whenever the Lieutenant Governor shall, tor . any reason, be 1 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, the Secre- ktary of State shall convene the Senate, that they may elect sucn rresiaent. : -8ee 13. The respective duties of the Secretary of State, Auditor, Treasurer, Superintendent of Public Works, 8uperintendcxt of Public Instruc tion and Attorney General shall beprescribed by law. , If the office of any of said officers shall be vacated by death,-! resignation, or otherwise, it shall be the duty of the Governor to appoint an other until the disability be removed or his Suc cessor be elected and qualifiid; Every such va cancy shall be filled by election,' at the first gen eral election that occurs more than thirty, days after the vacancy has! taken place an the person chosen, shall hold the office for the remainder of the unexpired term fixed in the first section of this Article ' -. ..... "j ' 8ec 14. The Secretary of State, Auditor, Treasurer, Superintendent of Public Works; and, Superintendent of Public Instruction shall con stitnte 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 officio : the legal adviser of the Executive Department. 8ec 15. . The officers mentioned in this Article shall, at stated periods, 'receive for their services a compensation to be established b 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. ' - I - rf 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 t the Great. Seal of ,the State of Worth Carolina. ; All grants and commissions shall be issued in the name t and by the authority of the State of North Carolina, scaled with "the Great Seal of the 8tate," signed by the Governor and countersigned by the Secretary of State. . V i Sec 17. There 6hall be established in the office of the Secretary of State, a Bureau of Statistics, Agriculture and Immigration, under such regula tions as the General Assembly may provide, . ' . , ARTICLE IV. - ' ' ' ' 't JUDICIAL DEFABTKEST. 1 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 bnt one form of action, for the enforcement or protection of private rights or the redress of private wrongs "which shall be dominated a civil action; , and every action prosecuted byr the people of the State as a party, ' against a person charged' with a public offence, lor the punishment of the same, shall be termed a criminal ' action. Feigned issues shall also be r abolished and the fact at issue bo tried by order of court before a jury. . ' .' - I 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.' 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. The Governor shall have power to fill the vacancies occurring in this Commission. . y 4 Sec 4. The judicial power of the Stale shall bo vested in a Court for the trial of Impeachments, a Supreme Court, Superior Courts, Courts of Just Ices of the Peace and 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 ." shall not extend beyond removal from, and dis qualification to' hold. office in this State ; but the party shall be liable to indictment and punish ment according to law. I , ' ; : Sec 6. The House: of Representatives solely, shall have the power of impeaching. No person ' shall be convicted without the concurrence of two-thirds of the Senators present When the ' Governor is Impeached tho Chief Justice shall . preside.- -... ' - . " s 8ec 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 convictionf treason or attainder shall work corruption of blood or forfeiture. u I' Sec 8. The Supreme Court shall. consist of a Chief J ustice and four Associate Justices. See 9. There shall be two terms of tho Su preme Court held at the seat of -Government of the State in each year, commencing on the first Monday in January; and first Monday in June, and continuing as long as the public interest may require - a r u : 1 .; ..r--" a. V See 10. The Supreme Court shall have juris diction to review, upon appeal, any decision of the Courts below4upon any matterof 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 01 tho Inferior courts. J. - . : 5 See li; : The Supreme Court shall hav5 original iurisdiction 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 ' -I See 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 in each county in said District, at least twice in each year, to continue for two weeks, unless the busi ness 6hall be sooner disposed of. M i 8ee 13. Until altered by law, the following shall be the Judicial Districts: . i First District. Currituck, Camden, Pasquo tank, Perquimans,' Chowan, Gates, Hertford .Bertie . . ; i , ... : Second District Tyrrell, Hyde, Washington, Beaufort, Martin, Pitt, Edgecombe i Third District Craven, Carteret, Jones, Ons Jow, Greene, Lenoir, Wayne, Wilson. Fourth District Brunswick, New Hanover, Duplin, Columbus. Bladen, Sampson, Robeson. Fifth District Cumberland, Harnet, Moore, Richmond, Anson, Montgomery, Stanley, Union. : 8ixth District Northampton, Warren, Hall-" fax, Wake, Nash, Franklin, Johnston, Granville . seventn uistnct. rcrson, orange, Chatham, Randolph, GuilfordUAlamance. Caswell. Rock ingham. . "v';j: . ; " : Eighth District Stokes. Forsvthe. Davidson. Davie, Rowan. Yadkin, Surry. ; .Ninth District Catawba, Cabarrus, Meckleh, burg, Lincoln, Gaston, Cleveland." Rutherford, Polk. . ,:r,... . - Tenth District. Iredell, Burke, Caldwell. Wkes, Alexander, McDowell. I Eleventh District Allecrhan v. Ashe. WaLinca; Mitchell, Yancy, Madison, Buncombe Twelfth District Henderson, Triansylvania, Haywood, Macon, Jackson, Clay, Cherokee. see 14. isyery dmage 01 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, mayreqmre any judge to hold one or more speci fied terms of aid courts in lieu of the Judge in whose district they are see 10. l he Superior Courts shall have exclu sive original jurisdiction of all civil actions. whereof exclusive original jurisdiction is not given to some other Courts; and of all criminal actions, in which the punishment may exceed a nne or ntty dollars or imprisonment for one month. "'- . ,";;'.. ''' 8ec 16. The Superior Courts shall have an net. late jurisdiction of all issues of law or fact, de- A . Tm A w . t . termiuea uy a rrooaie iuage or a justice of the Peace, where the matter in controvcrsv exceeds twenty-five dollars, and of matters of law in all cases. ' --- : ' l - ;;. . - . - 8ee 17. The clerks of the Superior Courts shall have jurisdiction of the probate of deeds, the granting of letters testamentary and of ad minis-. tration, tne appointment of euardians. the an-1 prenticing of orphans, to audit the accounts of 1 executors, administrators and sruardians. and of such other matters as shail be prescribed by law. au issues 01 iact loined before them shall he transferred to the Superior Courts for trial, and appeals shall , lie to the Superior Courts from their judgments in all matters of law: sec is. in ail issues or iact, joined In any court, the parties may waive the right to have the same determined by jury, in which case the finding of the iudgo upou the fact shall have uic 10 rev uuu ciiucif 01 a veruiCb 01 a jury. See 19. The General Assembly shall provide for the establishment of Special Courts, for the inai ox misaemeanora, in ciues ana towns, wncre the same may be necessary . Sec 20. The Clerk of the Supremo Court shall be appointed by the Court, and shall hold his of fice for 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. - Sec 22. Clerks of the Superior Courts shall hold their offices for four years. - Sec 23. 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 Judges shall not be diminished" during their continuance in offlce I Sec 24. The laws of North Carolina," not re pugnant to this Constitution, or to the Constitu tion and laws ot the United States, shall be in force until lawfully altered. i 8ec 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 prejudiceby reason of the chancre, 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 26. The Justices of the Supreme Court shall be elected by the qualified voters of the State, as is provided for the election of members of the General Assembly. - They shall hold their offices for eight 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 the Superior Courts elected at the first election under this Constitution, shall, alter their election, under the superintendence of the Jus tices of the Supreme Court, -be divided by lot into two equal classes, one of which shall hold office for lour years, the other for eight years,
The Wilmington Post (Wilmington, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
April 18, 1868, edition 1
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