mr0^ eople of North Carolina in Convention assembled do ordain, That section seventeen, of article three, be stricken from the Constitution, and that the following be inserted in lieu thereof: THE CONSTITUTION OF N. C. 11 Sec. — . The General Assembly shall establish a Depart- Department of „ . , , T . , , ,. ,. , , Agriculture, Im mentor Agriculture, immigration and statistics, under such migration and regulations as may best promote the agricultural interests of a 1S 1CS ' the State, and shall enact laws for the adequate protection and encouragement of sheep husbandry. Read three times and ratified in open Convention, this the 5th day of October, 1875. E. RANSOM, President of Convention. Johnstone Jones. Secretary. W. M. Hardy, Assistant Secretary. AMENDMENTS TO ARTICLE YO^U— {Judicial De- partment.) CHAPTER XL The people of North Carolina in Convention assembled do ordain, That section four, article four, of the Constitution be amended so as to read as follows : The Judicial power of the State shall be vested in a Court Division of Judf- for the trial of Impeachments, a Supreme Court, Superior cial P° wers - Courts, Courts of Justices of the Peace, and such other Courts inferior to the Supreme Court as may be established by law. Read three times and ratified in open Convention, this the 30th day of September, 1875. E. RANSOM, President of Convention. Johnstone Jones, Secretary. W. M. Hardy, Assistant Secretary. 12 PROPOSED AMENDMENTS TO CHAPTER XII. Justices of the Supreme Court. The people of North Carolina in Convention assembled do ordain, That section eight, of article four, of the Consti- tution be amended so as to read as follows : The Supreme Court shall consist of a Chief Justice and two Associate Justices. Read three times and ratified in open Convention, this 30th day of September, 1875. E. RANSOM, President of Convention. Johnstone Jones, Secretary. W. M. Hardy, Assistant Secretary. CHAPTER XIII. Terms of tie Su- preme Court. The people of North Carolina in Convention assembled do ordain, That section nine, of article four, of the Consti- tution of North Carolina be abrogated, and the following substituted therefor : The terms of the Supreme Court shall be held in the city of Raleigh, as now, until otherwise provided by the Gen- eral Assembly. Read three times and ratified in open Convention, this the 30th day of September, 1875. E. RANSOM, President of Convention. Johnstone Jones, Secretary. W. M. Hardy, Assistant Secretary. h THE CONSTITUTION OF N. C. 13 CHAPTER XIV. AN ORDINANCE TO AMEND ARTICLE FOUR, SECTION TEN, OF THE CONSTITUTION OF NORTH CAROLINA. The people of North Carolina in Convention assembled do ordain, That article four, section ten, of the Constitu- tion, be amended to read as follows : And the jurisdiction of said Court over "issues of fact" Jurisdiction of > • i i • the Supreme and " questions of fact, shall be the same exercised by it Court. jbefore the adoption of the Constitution of one thousand light hundred and sixty eight, and the Court shall have the power to issue any remedial writs necessary to give it a gen- eral supervision and control over the proceedings of the in- ferior Courts. Read three times and ratified in open Convention, this 11th day of October, 1875. E. RANSOM, President of Convention. Johnstone Jones, Secretary. W. M. Hardy, Assistant Secretary. CHAPTER XT. The people of North Carolina in Convention assembled lo ordain, That section twelve, article four, of the Consti- ution be amended to read as follows : The State shall be divided into nine judicial districts, for 22 A } eM Dis " >ach of which a judge shall be chosen ; and ther3 shall be ield a Superior Court in each county at least twice in each 'ear, to continue for such time in each county as may be described by law. But the General Assembly may reduce r increase the number of districts. 14 PROPOSED AMENDMENTS TO Read three times and ratified in open Convention, this 30th day of September, 1875. E. RANSOM, President of Convention. Johnstone Jones, Secretary. W. M. Hardy, Assistant Secretary. CHAPTER XVI. Be it ordained by the people of North Carolina in Con- vention assembled, That section fourteen, article four, of the Constitution, shall read as follows : Residence of That every Judge of the Superior Court shall reside in Judges of the . , f . , m , Superior Court, the district for which he is elected. The Judges shall pre- judicial Districts, side in the Courts of the different districts successively, but no Judge shall hold the Courts in the same district oftener than once in four years, but in case of the protracted illness of the Judge assigned to preside in any district, or of any other unavoidable accident to him, by reason of which he shall become unable to preside, the Governor may require any Judge to hold one or more specified terms in said dis- trict, in lieu of the Judge assigned to hold the Courts of said district. E. RANSOM, President of Convention. Johnstone Jones, Secretary. W. M. Hardy, Assistant Secretary. THE CONSTITUTION OF N. C. 15 CHAPTER XVII. AN ORDINANCE TO ABROGATE AND ANNUL SECTIONS FIFTEEN, SIXTEEN AND SEVENTEEN, OF ARTICLE FOUR, OF THE CONSTI- TUTION. The people &f North Carolina in Convention assembled do ordain, That sections fifteen, sixteen and seventeen, of article four, of the Constitution be abrogated and annulled, and the following substituted therefor : Section — . The General Assembly shall have no power Powers of Gen- to deprive the Judicial Department of any power or juris- and Courts infe- diction which rightfully pertains to it, as a co-ordinate de- ^ l ^ >Supreme partment of the government; but the General Assembly shall allot and distribute that portion of this power and ju- risdiction, which does not pertain to the Supreme Court, among the other courts prescribed in this Constitution, or which may be established by law, in such manner as it may deem best ; provide also a proper system of appeals, and regulate by law, when necessary, the methods of pro- ceeding in the exercise of their powers, of all the Courts below the Supreme Court, so far as the same may be done without conflict with other provisions of this Constitution. Read three times and ratified in open Convention, this 6th day of October, 1875. E. RANSOM, President of Convention. Johnstone Jones, Secretary. W. M, Hardy, Assistant Secretary. 16 PROPOSED AMENDMENTS TO CHAPTER XVIII. AN ORDINANCE TO AMEND ARTICLE FOUR OF THE CONSTITU- TION. BY STRIKING OUT SECTIONS TWENTY-SIX AND TWENTY- SEVEN, AND INSERTING- ANOTHER IN LIEU THEREOF. Election of Jus- tices of the Su- preme Court. Election of Judges of the Superior Courts. The people of North Carolina in Convention assembled do ordain, That sections twenty-six and twenty-seven, ar- ticle four of the Constitution be stricken cu.it, and insert the following : The Justices of the Supreme Court shall be elected by the qualified voters of the State, as is provided for the elec- tion of members of the General Assembly. The} 7 shall hold their offices for eight years. The Judges of the Superior Courts, elected at the first election under this amendment, shall be elected in like manner as is provided for Justices of the Supreme Court, and shall hold their offices for eight years. The General Assembly may, from time to time, provide by law that the Judges of the Superior Courts, chosen at succeeding elec- tions, instead of being elected by the voters of the whole State, as is herein provided for, shall be elected by the voters of their respective districts. Read three times and ratified in open Convention, this 9th day of October, 1875. E. RANSOM, President of Convention. Johnstone Jones, Secretary. W. M. Hardy, Assistant Secretary. THE CONSTITUTION OF N. 0. CHAPTER XIX. AN ORDINANCE TO AMEND SECTION THIRTY- ONE, ARTICLE FOUR, OF THE CONSTITUTION. The people of North Carolina in Convention assembled do ordain, That section thirty-one, article four of the Con- stitution of this State, be stricken out and the following in- serted in its stead, to wit : All vacancies occurring in the offices provided for by this vacancies-, article of the Constitution shall be filled by the appoint- ments of the Governor, unless otherwise provided for, and the appointees shall hold their places until the next regular election for members of the General Assembly, when elec- tions shall be held to fill such offices. If any person, elected or appointed to any of said offices, shall neglect and fail to qualify, such office shall be appointed to, held and filled as provided in case of vacancies occurring therein. All in- cumbents of said offices shall hold until their successors are qualified. Bead three times and ratified in open Convention, this the 11th day of October, 1S75. E. RANSOM, President of Convention. Johnstone Jones, Secretary. W. M. Hardy, Assistant Secretary. 1 CHAPTER XX. AN ORDINANCE TO AMEND SECTION THIRTY-THREE, ^ARTICLE FOUR, OF THE CONSTITUTION, The people of North Carolina .in Canvention lass&rnbled do ordain, That section thirty-three, ■..' four, of the. Constitution, be amended to read as follows :* 2 18 PROPOSED AMENDMENTS TO Jurisdiction of v Section — . The several Justices of the Peace shall have Justices of: the Peace, jurisdiction, under such regulations as the General Assembly shall prescribe, of civil actions founded on contract, wherein the sum demanded shall not exceed two hundred dollars, and wherein the title to real estate shall not be in contro- versy ; and of all criminal matters arising within their counties where the punishment cannot exceed a fine of fifty dollars, or imprisonment for thirty days. And the General Assembly may give to Justices of the Peace jurisdiction of other civil actions, wherein the value of the property in controversy does not exceed fifty dollars. When an issue of fact shall be joined before a Justice, on demand of either party thereto he shall cause a jury of six men to be summoned, who shall try the same. The party against whom judgment shall be rendered in any civil action may appeal to the Su- perior Court from the same. In all cases of a criminal nature, the party against whom judgment is given may appeal to the Superior Court, where the matter shall be heard anew. In all cases brought before a Justice he shall make a record of the proceedings, and file the same with the Clerk of the Superior Court for his county. Head three times and ratified in open Convention, this 7th day of October, 1875. E. RANSOM, President of Convention. Johnstone Jones, Secretary. W. M. Hardy, Assistant Secretary. <•* CHAPTER XXI. AN ORDINANCE TO AMEND ARTICLE FOUR OF THE CONSTITU- TION, BY ADDING AN ADDITIONAL SECTION THERETO. The people of North Carolina in Convention assembled do ordain, That a new section be added to article four of the Constitution, as follows : THE CONSTITUTION OF JN. C. 19 Section — . In case the General Assembly shall establish Election of Clerks n /-. m of Inferior] •other courts interior to Supreme Court, the presiding officers Courts. -and clerks thereof shall be elected in such manner as the -General Assembly may from time to time prescribe, and they shall hold their offices for a term not exceeding eight years. Read three times and ratified in open Convention, this 11th day of October, 1875. E. RANSOM, President of Convention. Johnstone Jones, Secretary. "W". M. Hardy, Assistant Secretary. CHAPTER XXII. ■ordinance to add two sections to article four of the constitution of north carolina. The people of North Carolina in Convention assembled do ordain, That the following sections be added to article four of the Constitution : Section — . Any Judge of the Supreme Court or of the Eemovaiof Superior Courts, and the presiding officers of such Courts j^[ ges for ina ~ inferior to the Supreme Court as may be established by law, may be removed from office for mental or physical inability upon a concurrent resolution of two- thirds of both houses of the General Assembly. The Judge or presiding officer, against whom the General As- sembly may be about to proceed, shall receive notice thereof, accompanied by a copy of the causes alleged for his removal, at least twenty days before the day on which either House •of the General Assembly shall act thereon. Sec. — . Any Clerk of the Supreme Court, or of the Su- Removalof perior Courts, or of such Courts inferior to the Supreme CIerks of Court _, . i t i -> i t r for inability. Court as may be established by law, may be removed from -office for mental or physical inability; the Clerk of the Su- 20 PROPOSED AMENDMENTS TO preme Court by the Judges of said Courts, the Clerks of the Superior Courts by the Judge riding the district, and the Clerks of such Courts inferior to the Supreme Court as may be established by law, by the presiding officers of said Courts. The Clerk against whom proceedings are institu- ted shall receive notice thereof, accompanied by a copy of the causes alleged for his removal at least ten days before the day appointed to act thereon, and the Clerk shall be en- titled to an appeal t© the next term of the Superior Court, and then to the Supreme Court, as provided in other cases of appeals. Read three times and ratified in open Convention, this 8th day of October, 1875. E. RANSOM, President of Convention. Johnstone Jones, Secretary. W. M. ITaedy, Assistant Secretary. CHAPTER XXIII. AN ORDINANCE TO ADD A SECTION TO ARTICLE FOUR OF THE CONSTITUTION OF NORTH CAROLINA. Existing terms of The P eo l^ e °f North Carolina in Convention assembled offiee - do ordain, That the amendments made to the Constitution of North Carolina by this Convention shall not have the effect to vacate any office or term of office now existing under the Constitution of the State, and filled, or held, by virtue of any election or appointment under the said Con- stitution, and the laws of the State made in pursuance thereof. Read three times and ratified in ©pen Convention, this. the 4th of October, 1875. E. RANSOM, President of Convention. Johnstone Jones, Secretary. W. M. Hardy, Assistant Secretary. THE CONSTITUTION OF N. C. 21 AMENDMENT TO ARTICLE SIX.— (Suffrage and Eligibility to Office.) CHAPTER XXIV. -AN" ORDINANCE TO AMEND SECTION ONE, ARTICLE SIX, OF THE CONSTITUTION. The people of Worth Carolina in Convention assembled. do ordain, That section one, article six, of the Constitution, be amended to read as follows : Sec — . Every male person, born in the United States, Qualifications of and every male person who has been naturalized, twenty- one years old or upward, who shall have resided in the State twelve months next preceding the election, and ninety days in tie county in which he offers to vote, shall he deemed an elector. But no person who, upon conviction or confession Disfranchise- in ©pen Court, shall be adjudged guilty of felony, or of any men ° e s ' other crime infamous by the laws of this State, and here- after committed, shall be deemed an elector, unless such person shall be restored to the rights of citizenship in a mode prescribed'by law. Read three times and ratified in ®pen Convention, this the 9th day of October, 1875. E. RANSOM, President of Convention. JofHSSTONE Jones, Secretary. W. M. Hardy, Assistant Secretary. 22 PROPOSED AMENDMENTS TO AMENDMENT TO ARTICLE SEYEN— (Municipal. Corporations.) CHAPTER XXY. AN ORDINANCE TO AMEND ARTICLE SEVEN OF THE CONSTITU- TION BY ADDING ANOTHER SECTION THERETO. Power of Gen- eral Assembly oyer Municipal Corporations. The people of North Carolina in Convention assembled do ordain, That article seven of the Constitution be amended by adding another section thereto, as follows : Sec. — . The General Assembly shall have fall power by statute to modify, change or abrogate any and all of the provisions of this article and substitute others in their place, except sections seven, nine and thirteen. Read three times and ratified in open Convention, this 9th day of October, 1875. K. RANSOM, President of Convention. Johnstone Jones, Secretaiy. W. M. Hardy, Assistant Secretary. AMENDMENTS TO ARTICLE NINE, (Education)* CHAPTER XXYL The people qf North Carolina in Convention assembled do ordain, That section two ©f th© ninth article of the Constitution, be amended by adding the following words : THE CONSTITUTION OF N. C. 23" Aud the children of the white race and the children of Separation of lbs- races in Public the colored race shall be taught in separate public schools, Schools. but there shall be no discrimination made in favor of, or to the prejudice of, either race. Read three times and ratified in open Convention, this 30th September, 1875. E. RANSOM, President of Convention. Johnstone Jones, Secretary. W. M. Hardy, Assistant Secretary. CHAPTER XXYII. ANORDINANCE TO AMEND ARTICLE NINE OF THE CONSTITU- TION, PROVIDING FOR THE PRESERVATION AND INVESTMENT OF THE PUBLIC SCHOOL FUND. The people of North Carolina in Convention assembled do ordain, That section four of article nine of the Consti- tution be stricken out, and two new sections be inserted in said article in lieu thereof, as follows : Sec. — . The proceeds of all lands that have been or what property hereafter may be granted by the United States to this State, to^dueaMonaF" 5 and not otherwise appropriated by this State or the United Poroses. States ; also, all moneys, stocks, bonds and other property now belonging to any State fund for purposes of education ; also the net proceeds of ail sales of the swamp lands be- longing to the State, and all oth&r grants, gifts or devises that have been or hereafter may be made to this Sta&e ai*d not otherwise appropriated by the State or by the term of the grant, gift or devise, shall be paid into fehe Stat© treasury ; and, t©gether with so mueh of the ©a*di Hairy rev- enue of the State as may be by law set apart for that pur- pose, shall be faithfully appropriated for establishing and maintaining in this State a system ©f free public schools, and for no other uses or purposes whatsoever. 34 PROPOSED AMENDMENTS TO 'County School Panels. Proviso. Sec. — . All moneys, stocks, bonds and other property belonging to a county school fund ; also, the net proceeds from the sale of esirays ; also, the clear proceeds of all pen- alties and forfeitures, and of all fines collected in the several counties for any breach of the penal or military laws of the State ; and all moneys which shall be paid by persons as an equivalent for exemption from military duty, shall belong to and remain in the several counties, and shall be faithfully appropriated for establishing and maintaining free public schools in the several Gounties of the State : Provided, That the amount collected in each county shall be annually reported to the Superintendent of Public In- struction. Head three times, and ratified in open Convention, this the 4th day of October, A. D. 1875. E. RANSOM, President of Convention. Johnstone Jones, Secretary. "W. M. Hardy, Assistant Secretary. AMENDMENT TO ARTICLE ELEYEN— {Punish- ments, Penal Institutions, and Public Charities?) CHAPTER XXYIII. AN ORDINANCE TO AMEND ARTICLE ELEVEN, ET ADDING AN ADDITIONAL SECTION THERETO. TJie people of North Carolina in Convention assembled do ordain, That section one, artiele eleven, of the Consti- tution of this State, be amended by adding at the end of said section, as follows : THE CONSTITUTION OF N. 0. 25 The foregoing prevision for imprisonment with hardlabor Coavict Labor, shall be construed to authorize the employment of such con- vict labor on public works, or highways, or other labor for public benefit, and the farming out thereof, where and in such manner as may be provided by law ; but no convict shall be farmed out who has been sentenced on a charge of murder, manslaughter, rape, attempt to commit rape, or arson. Provided, That no convict whose labor may be Proviso, farmed out shall be punished for any failure of duty as a laborer except by a responsible officer of the State ; but the convicts so farmed out shall be at all times under the super- vision and control, as to their government and discipline, of the Penitentiary Board, or some other officer of this State. Eead three times and ratified in open Convention, this 9th day of October, 1875. E. RANSOM, resident of Convention. Johnstone Jones, Secretary. W. M. Hardy, Assistant Secretary. AMENDMENTS TO ARTICLE THIRTEEN— (Amend- ments.) CHAPTER XXIX. AN ORDINANCE TO A^END ARTICLE THIRTEEN, OF THE CONSTI- TUTION. Be it ordained by the people of North Carolina in Con- vention assembled, That sections one and two, of, article thirteen, be stricken from the Constitution, and the follow- ing substituted therefor : Section 1. No Convention of the people of this State shall ever be called by the General Assembly unless by the con- calfeci ©urrence of two-thirds of all the members of each 'House of Convention tow 26 PROPOSED AMENDMENTS TO .the General Assembly, and except the proposition, Conven- tion or No Convention, be first submitted to the qualified voters of the whole State, at the next general election, in a manner to be prescribed by law. And should a majority of the votes cast be in favor of said Convention, it shall as- semble on such day as may be prescribed by the General Assembly. How the Consti- Sec. 2. No part of the Constitution of this State shall be tution may t>e *• . altered. ' altered unless a bill to alter the same shall have been agreed to by three-fifths of each House of the General Assembly. And" the amendment or amendments so agreed to shall be submitted at the next general election to the qualified voters of the whole State, in such manner as may be prescribed by law. And in the event of their adoption by a majority of the votes cast, such amendment or amendments shall become a part of the Constitution of this State. Read three times and ratified in open Convention, this the 4th day of October, A. D. 187©. E. RANSOM, President of Convention. Johnstone Jones, Secretary, W. M. Hardy, Assistant Secretary. AMENDMENT TO ARTICLE FOURTEEN, (Iliscd- lanecms.) CHAPTER XXX. AN ORDINANCE TO AMEND ARTICLE FOURTEEN OF THE CONSTS- TTJTION, PROHIBITING INTERMARRIAGE OF THE RACES. The people of North Carolina in Convention assembled do ordain, That a new section be added to article fourteen of the Constitution, as follows : THE CONSTITUTION OF N. 0. 27 Sec. — . All marriages between a white person and a ^{^™^ a jj|_ of negro, or between a white person and a person of negro de- § TOes forbidden, scent to the third generation inclusive, are hereby forever prohibited. Head three times and ratified in open Convention, this 11th day of October, A. I). 18T5. E. RANSOM, President of Contention. Johnstone Jones, Secretary. W. M. Hardy, Assistant Secretary. I, William H. Howeeton, Secretary of State, hereby certify that the foregoing are true copies of the original or- dinances of the State Constitutional Convention of 1875, on file in this office. W. H. HOWERTON, Secretary of State. CONSTITUTION OF THE ■T AS IT WILL READ AS PROPOSED TO BE AMENDED BY THE CONSTITUTIONAL CONVENTION OF 1875. PREAMBLE. We, the people of the State of North Carolina, grateful .preamble. 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 of this State, ordain and establish this Constitution : ARTICLE I. DECLARATION OF RIGHTS. That the great, general and essential principles of liberty and free government may be recognized and established, and that the relations of this State to the Union and gov- 30 THE CONSTITUTION The equality and rights of men. Political power and government. Internal govern- ment of the State. That there is no right to secede. Of allegiance to the U. S. govern- ment. Public deht eminent 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 are created equal ; that they are endowed by their Creator with certain unalienable rights ; that among these are life, liberty, the enjoyment of the fruits of their own labor, and the pursuit of happiness. Sec. 2. That all political power is vested in, and derived from, the people; all government of right originates from the people, is founded upon their will only, and is instituted solely for the good of the whole. Sec. 3. That the people of this State have the inherent, sole and exclusive right of regulating the internal govern- ment and police thereof, and of altering and abolishing their Constitution and form of government whenever it may be necessary to their safety and happiness ; but every such right should be exercised in pursuance of law, and consist- ently with the Constitution of the United States. Sec 4. That this State shall ever remain a member of the American Union ; that the people thereof are part of the American nation ; that there is no right on the part of the State to secede, and that all attempts from whatever source or upon whatever pretext, to dissolve said Union, or to sever said nation, ought to be resisted with the whole power of the State. Sec 5. That every citizen of this State owes' para- mount allegiance to the Constitution and Government of the United States, and that no law or ordinance of the State in contravention or subversion thereof, can have any binding force. Sec 6. The State shall never assume or pay, or authorize the collection of any debt or obligation, express or implied, incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave. AS AMENDED. 31 Sec. 7. No man or set of men are entitled to exclusive or Exclusive emolu- ments, &G. separate emoluments or privileges from the community but in consideration of public services. Sec. S. The legislative, executive and supreme judicial The Legislative, „ . j, j Executive and powers oi the government ougnt to be forever separate and judicial powers j. ,. . n ^ ,i distinct. distinct from eacn other. Sec. 9. All power of suspending laws, or the execution of Of the power of t t , . .i,i /» i suspending laws, laws, by any authority, without the consent of the repre- sentatives of the people, is injurious to their rights, and ought not, to be exercised. Sec. 10. All elections ought to be free. Elections free. Sec. 11. In all criminal prosecutions, every man has the in criminal prose- ■i i • /» i n i • • ' i ■ i eutions. right to be miormed of the accusation 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 Answers to crimi- eharge, except as hereinafter allowed, but by indictment, presentment or impeachment. Sec. 13. No person shall be convicted of any crime but Right of jury. ° by the unanimous verdict of a jury of good and lawful men in open court. The Legislature may, however, provide other means of trial for petty misdemeanors, with the right of appeal. Sec. 14. Excessive bail should not be required, nor exces- Excessive bail, sive fines imposed, nor cruel or unusual punishments in- flicted. Sec. 15. General warrants, whereby any officer or mes- General warrants, senger may be commanded to search suspected places, with- out evidence of the act committed, or to seize any person or persons not named, whose offence is not particularly de- scribed and supported by evidence, are dangerous to liberty and ought not to be granted. Sec. 16. There shall be no imprisonment for debt in this imprisonment State, except in eases of fraud. for debt. 32 ?HE CONSTITUTION TTo person to be taken, &c, but by law of the land. Persons re- strained of lib- erty. Controversies at law respecting property. Freedom of the press. Habeas corpus. Property qualifi- cation. Representation and taxation. Militia and the Tight to bear arms. Right of the peo- ple to assemble together. Sec. 17. No person ought to be taken, imprisoned or dis- seized of his freehold, liberties or privileges, or outlawed or exiled, or in any manner deprived of his life, liberty, or property, but by the law of the land. Sec. 18. Every person restrained of his liberty is entitled to a remedy to enquire into the lawfulness thereof, and to remove the same, if unlawful ; and such remedy ought not to be denied or delayed. Sec. 19. In all controversies at law respecting property, the ancient mode of trial by jury is one of the best securi- ties 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 of liberty, and therefore ought never to be re- strained, but every individual shall be held responsible for the abuse of the same. Sec. 21. The privileges of the writ of habeas corpus shall not be suspended. Sec. 22. As political rights and privileges are not depen- dent upon, or modified by property, therefore no property qualification ought to affect the right to vote or hold office. Sec. 23. The people of this State ought not to be taxed, or made subject to the payment of any impost or duty, without the consent of themselves, or their representatives in General Assembly, freely given. Sec. 21. A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed ; and, as standing armies, in time of peace, are dangerous to liberty, they ought not to be kept up, and the military should be kept under strict subordination to, and governed by, the civil power. [Noth- ing herein contained shall justify the practice of carrying concealed weapons, or prevent the Legislature from enacting- penal statutes against said practice.] Sec. 25. The people have a right to assemble together to consult for their common good, to instruct their representa- AS AMENDED. 3-3 tives, and to apply to the Legislature for redress ofgrievane.es. [But secret political societies are dangerous to the liberties of a free people, and should not be tolerated.] Sec. 26. All men have a natural and unalienable right to Religious liberty worship Almighty God according to the dictates of their own consciences, and no human authority should, in anj 7 case whatever, control or interfere with the rights of con- science. Sec. 27. The people have a right to the privilege of ed- Education, ucation, and it is the duty of the State to guard and main- tain that right. Sec. 28. For redress of grievances, and for amending and Elections should strengthening the laws, elections should be often held. Sec. 29. A frequent recurrence to fundamental prim Recurrence to . fundamental ciples is absolutely necessary to preserve the blessings of principles, liberty. Sec. 30. No hereditary emoluments, privileges or honors Hereditary emoi- ©ught to be granted or conferred in this State. uments, &e. Sec. 31. Perpetuities and monopolies are contrary to the Perpetuities, &e genius of a free State, and ought not to be allowed. Sec. 32. Retrospective laws, punishing acts committed mpostfactoiws. before the existence oi such laws, and by them only de- clared criminal, are oppressive, unjust .and incompatible with liberty, wherefore no ex -post facto law ought to be made. No law taxing retrospectively sales, purchases, or other acts previously done, ought to be passed. Sec. 33. Slavery and involuntary servitude, otherwise siayery P r©3 than for crime whereof the parties shall have been duly hibitecL eonvicted, shall be, and are hereby, forever prohibited within this State. Sec. 34, The limits and boundaries of the State shall be state boundaries and remain as they now are. Sec. 35. All Courts shall be open ; and every person for Courts snail be an injury done him in his lands, goods, person or reputa- open ' tion, shall have remedy by due course of law, and rio-ht and jnstice administered without sale, denial or delay. 34 THE CONSTITUTION Soldiers in time ©f peace. ©ther rights sf the peeple. Sec. 36. No soldier shall in time of peace be quartered in any house without the consent of the owner ; nor in time of war, bnt in a manner prescribed by law. Sec. 37. This enumeration of rights shall not be con- strued to impair or deny others, retained by the people;, and all powers, not herein delegated, remain with the people. ARTICLE II. L EGISL AT1VE DEPARTMENT. Two branches. Time of assem- bling. Section 1. The Legislative authority shall be vested in two distinct branches, both dependent on the people, to- wit : A Senate and House of Representatives. Sec. 2. The Senate raid House of Representatives shall meet biennially on the [first Wednesday after the first- Monday in January next after their election ;] and when assembled, shall be denominated the General Assembly.. Neither House shall proceed upon public business unless a. majority of all the members are actually present. Sec. 3. The Senate shall be eompesed of fifty Senators,, biennially chosen by ballot. Eegutations in Sec. 4. The Senate Districts shall be so altered by the relation to dis- ^ , . : . trietingthe State Crencral Assembly, at the first session alter the return of for Senators. ,. , , r. ^ , to. every enumeration by order of Congress, that each senate District shall contain, as nearly as may be, an equal num- ber ef inhabitants, excluding aliens and Indians not taxed, and shall remain unaltered until the return of another enumeration, and shall at all times consist- of ceKtigueus territory ; and no county shall be divided in the fermatien, of a Senate District, unless such county shall be equitably entitled to two ©r more Seuaters. Number of Sena- tors. AS AMENDED. 35 Sec. 5. The House of Representatives shall be composed Regulations in - 1 ... relation to appor- of one hundred and twenty Representatives, biennially tionment of Rep- i Tin ii i i i .• i resentatives. chosen by ballot, to be elected by the counties respectively, according to their population, and each county shall have at least one Representative in the Hous3 of Representa- tives, 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 hereinbefore directed to be laid off. Sec b\ In making the apportionment in the House of Ratio^of represen- t-> • i c i -n i tation* Representatives, the ratio ot representation shall be ascer- tained by dividing the amount of the population of the State, exclusive of that comprehended within those coun- ties' which do not severally contain the one hundred and twentieth part of the population of the State, by the num- ber of Representatives, less the number assigned to such counties; and in ascertaining the number of the popula- tion of the State, aliens and Indians not taxed shall not be included. To each county containing the said ratio and not twice the said ratio, there shall be assigned one Repre- sentative ; to each county containing twice but sot three times the said ratio, there shall be assigned two Represen- tatives, and so on progressively, and then the remaining Representatives shall be assigned severally to the counties having the largest fractious. Sec. 7. Each member of the Senate shall be not less than Qualifications of twenty-five years of age, shall have resided in the State as Senators ' S a citizen two years, and shall have usually resided in tke District for which he is chosen, one year immediately pre- ceding his election. Sec. 8. Each member of the House of Representatives Qualifications for shall be a qualified elector of the State, and shall have re- Re P resentati ™s. sided in the county for which he is chosen, fer one year immediately preceding his election. 36 THE CONSTITUTION Election of offi- cer s^ Powers in relation t© divorce and,' alimony. , Private laws in] relation to names of persons, &c. Thirty days' no-jf v tice shall be given anterior to pas- | sage of private £ laws. Vacaneies. Revenue. Entails. Sec. 9. In the election of all officers, whose appoint- ment shall be conferred upon the General Assembly by the Constitution, the vote shall be viva voce. ■ Sec. 10. The General Assembly shall have power to pass general laws regulating divorce and alimony, but shall not have power to grant a divorce or secure alimony in any in- dividual case. Sec 11. 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 rights of citizenship any person convicted of an infamous crime, but shall have p'@wer to pass general laws regulating; the same. Sec. 12. The General Assembly shall not pass any pri- vate law, unless it shall be made to appear that thirty days' notice of application to pass such law shall have been given, under such direction, and in such manner as shall be pro- vided by law. Sec. 13. If vacancies shall occur in the General Assem- bly by death, resignation or otherwise, writs of election shall be issued by the Governor under such regulations as may be prescribed by law. Sec 14. No law shall be passed to raise money on the credit of the State, or to pledge the faith of the State di- rectly or indirectly for the payment of any debt, or to im- pose any tax upon the people of the State, or to allow the counties, cities or towns to do so, unless the bill for the pur- pose shall have been read three several times in each House ©f the General Assembly, and passed three several read- ings, which readings shall have been oh three different days, and agreed to by each House respectively, and unless the yeas and nays on the second and third reading of the feill shall have been entered on the Journal. Sec. 15. The General Assembly shall regulate entails in saeh manner as to prevent perpetuities. AS AMENDED. 37 ec. 1G. Each House shall keep a journal of its proceed- Jouraais. ings, winch shall be printed and made public immediately after the adjournment of the General Assembly. Sec. 17. Anj member of either House may dissent from, rr ® test - and protest against, any actor resolve, which he may tkiak injurious t® the public, or any individual, and have the reasons of his dissent entered on the journal. Sec. IS. The House of Representatives shall choose Officers of the \ House, their own Speaker and other officers. Sec. 19. The Lieutenant Governor shall preside in the President of the Seaate. Senate, but shall have no vote, unless it may be equally divided. Sec. 20. The Senate shall choose its other officers and other Senatorial also a Speaker (pro tempore) in the absence of the Lieuten- ant Governor, or when he shall exercise the office of Gov- ern©r. Sec. 21. The style of the acts shall be: " The General- style of the acts. Assembly of North Carolina do enact." Sec. 22. Each House shall be judge of the qualifications Powers of the J ° x General Assem- and elections of its own members, shall sit upon its own biy. adjournment from day to day, prepare bills to be passed into laws ; and the two Houses may also jointly adjourn t© any future day, or other place. ' Sec 23. All bills and resolutions of a legislative nature Bills and resoiu- shall be read three times in each House, before they pass threUimesl'&c. into laws ; and shall be sigsed by the presiding officers of both Houses. Sec. 24. Each member of the General Assembly, before Oath for mem- taking his seat, shall take an oath ©r affirmation that he will support the Constitution aad lawa of the Wnited Spates, and the Constitution of the State of North Carolina, and will faithfully discharge his duty as a member ot the Senate or House of Representatives. Sa®. 25. [The terms of ©face f©r Senators and members Terras of office, ©f the Heu&e of Kepreaeatativea shall commence at the tirM3 e-f thair eleefeion.] 3S THE CONSTITUTION Yeas and nays. Election for mem- bers of the Gen- era.! Assembly. Pay of members and officers of the General As- sembly. Sec. 26. Upon motion made and seconded in either House, by one-fifth of the members present, the yeas and nays upon any question shall be taken and entered upon the journals. Sec. 27. [The election for members of the General As- sembly shall be held for the respective districts and coun- ties, at the places where they are now held, or may be di- rected 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 holding the election.] Sec. 28. [The members of the General Assembly for the term for which they have been elected, shall receive as a compensation for their services the sum of four dollars per day for each day of their session, for a period not ex- ceeding sixty days ; and should they remain longer in session, they shall serve without compensation. They shall also be entitled to receive ten cents per mile, both while coming to the seat of government and while returning home, the said distance to be computed by the nearest line or route of public travel. The compensation of the presiding officers of the two Houses, shall be six dollars per day and mileage.] ARTICLE III. S£,EOirriVB DKPAKTMJSNT. , i ,■ i n , ,> -t, n - -ii emoluments, late the lees, salaries and emoluments of all omcers provided for in this Article ; but the salaries of the Judges shall not be diminished during their continuance in office. Sec. 20. The laws of North Carolina, not repugnant to What laws are- 1 ° and shall ha in this Constitution, or to the Constitution and laws of the force United States, shall be in force until lawfully altered. Sec. 21. Actions at law, and suits in equity, pending Disposition of ac- . . . tni -tions at law and when this Constitution shall go into ettect, shall be trans- suits in equity, i- i i. ,i r\ l i • •••>•.• ,i a -,i .. peu dintr which ferred to tiie Conns having jurisdiction thereof, without this Constitution: prejudice by reason of the change ; and all such actions and J jjjj 1 Je. int ° 8l ~ suits commenced before, and pending at, the adoption by the General Assembly of the rules of practice and proce- dure herein provided for, shall be heard and determined according to the practice now in use, unless otherwise pro- vided for by said rules. Sec. 22. [The Justices of the Supreme Court shall be Election, terms , . of office, &c., of '<; elected by the qualified voters oi the State, as is provided Supreme and Su- perior Court for the election of members of the General Assembly. J ud £ es - They shall hold their offices for eight years. The Judges of the Superior Courts, elected at the first election under this amendment, shall be elected in like manner as is pro- vided for Justices of the Supreme Court, and shall hold their offices for eight years. The General Assembly may ^ from time to time, provide by law that the Judges of the Superior Courts, chosen at succeeding elections, instead of beino; elected by the voters of the whole State, as is herein THE CONSTITUTION provided for, shall be elected by the voters of their respeo tive districts.] Sec. 23. [All vacancies occurring in the offices provided for by this article of this Constitution shall be filled by the appointments of the Governor, unless otherwise provided for, and the appointees shall hold their places until the next regular election for members of the General Assembly, when elections shall be held to fill such offices. If any person, elected or appointed to any of said offices, shall neglect and fail to qualify, such office shall be appointed to, held and filled as provided in case of vacancies occurring therein. All incumbents of said offices shall hold until their successors are qualified.] 'Terms of office of Sec. 24. The officers elected at the first election held ■Scst officers under .' _ . . , . . . , . .,, iMs Article. under this Constitution shall hold their offices for the terms prescribed for them respectively, next ensuing after the next regular election for members of the General Assembly. But their terms shall begin upon the approval of this Con- stitution by the Congress of the United States. -I unsdietion of „ Sec. 25. [The several Justices of the Peace shall have Justices of the jurisdiction, under such regulations as the General Assem- bly shall prescribe, of civil actions founded on contract, wherein the sum demanded shall not exceed two hundred dollars, and wherein the title to real estate shall not be in controversy ; and of all criminal matters arising within their counties where the punishment cannot exceed a fine of fifty dollars, or imprisonment for thirty days. And the General Assembly may give to Justices of the Peace juris- diction of other civil actions, wherein the value of the pro- perty in controversy does not exceed fifty dollars. When an issue of fact shall be joined before a Justice, on demand of either party thereto he shall cause a jury of six men to AS AMENDED. 49 be summoned who shall try the same. The party against whom judgment shall be rendered in any civil action may appeal to the Superior Court from the same. In all cases of a criminal nature, the party against whom judgment is given may appeal to the Superior Court, where the matter shall be heard anew. In all cases brought before a Justice, he shall make a record of the proceedings, and file the same with the Clerk of the Superior Court for his county.] Sec. 26. When the office of Justice of the Peace shall Vacancies in of- fice of Justices. become vacant otherwise than by expiration of the term, and in case of a failure by the voters of any District to elect, the Clerk of the Superior Court for the County shall appoint to fill the vacancy for the unexpired term. Sec. 27. In case the office of Clerk of a Superior Court Vacancies in of - for a County shall become vacant otherwise than by the ex- court' Clerk! 101 " piration of the term, and in case of a failure by the people to elect, the Judge of the Superior Court for the County shall appoint to fill the vacancy until an election can be regularly held. [Sec. 28. In case the General Assembly shall establish Officers of other . (, . c-, ~ ... „ Courts inferior to other courts interior to Supreme Court, the presiding ofn- Supreme Court. cers and clerks thereof shall be elected in such manner as the General Assembly may from time to time prescribe, and they shall hold their offices for a term not exceeding eight years.] [Sec. 29. Any Judge of the Supreme Court or of the Su- Removal of ^ . . /v» . Judges of the va- perior Courts, and the presiding officers of such Courts in- rious Courts for ferior to the Supreme Court as may be established by law, may be removed from office for mental or physical inability upon a concurrent resolution of two-thirds of both Houses of the General Assembly. The Judge or presiding officer, against whom the General Assembly may be about to pro- inability. 50 THE CONSTITUTION ceed, shall receive notice thereof, accompanied by a copy of the causes alleged for his removal, at least twenty days be- fore the day on which either House of the General Assem- bly shall act thereon.] Removal of |_Sec. 30. Any Clerk of the Supreme Court, or of the Sn- clerks of the va-^ rious Courts for ' perior Courts, or of such Courts inferior to the Supreme inability. i * Court as may be established by law, may be removed from office for mental or physical inability ; the Clerk of the Su- preme Court by the Judges of said Courts, the Clerks of the Superior Courts by the Judge riding the district, and the Clerks of such Courts inferior to the Supreme Court as may be established by law, by the presiding offi- cers of said Courts. The Clerk against whom proceedings are instituted shall receive notice thereof, accompanied lyy a copy of the causes alleged for his removal at least ten days before the day appointed to act thereon, and the Clerk shall be entitled to an appeal to the next term of the Su- perior Court, and then to the Supreme Court, as provided in other cases of appeals.] Amendments rot [Sec. 31. The amendments made to the Constitution of ingeffices. North Carolina by this Convention shall not have the effect to vacate any office or term of office now existing under the Constitution of the State, and filled, or held, by virtue of any election or appointment under the said Constitution, and the laws of the State made in pursuance thereof.] AKTICLE Y. REVENUE AND TAXATION. Capitation tax. Section 1. The General Assembly shall levy a capitation tax on every male inhabitant of the State over twenty-one AS AMENDED. 51 ^and under fifty years of age, which shall be equal on each, to the tax on property valued at three hundred dollars in cash. The Commissioners of the several Counties may ex- Exemptions. cmpt from capitation tax in special cases, on account of pov- erty and infirmity, and the State and County capitation tax combined shall never exceed two dollars on the head. Sec. 2. The proceeds of the State and County capitation Application of tax shall be applied to the purposes of education and the a nd County capt support of the poor, but in no one year shall more than a 10n ax " twenty five per cent, thereof be appropriated to the latter purpose. Seo. 3. Laws shall be passed taxing, by a uniform rule, Taxation shall be all moneys, credits, investments in bonds, stocks, joint- an^advaiorem 6 stock companies or otherwise ; and, also, all real and per- sonal property, according to its true value in money. The General Assembly may also tax trades, professions, fran- chises, and incomes, provided that no income shall be taxed when the property, from which the income is derived, is taxed. Sec. 4. Until the bonds of the State shall be at par, the R es t r i C tion upon General Assembly shall have no power to contract any new the Tubiic^ebt •debt or pecuniary obligation in behalf of the State, except except in certain 1 . . , .... contingencies, to supply a casual deficit, or for suppressing invasion or in- surrection, unless it shall in the same bill levy a special tax to pay the interest annually. And the General Assembly shall have no power to give or lend the credit of the State in aid of any person, association, or corporation, except to aid in the completion of such railroads as may be unfin- ished at the time of the adoption of this Constitution, or in which the State has a direct pecuniary interest, unless the subject be submitted to a direct vote of the people of the State, and be approved by a majority of those who shall vote thereon. Sec. 5. Property belonging to the State or to municipal Property exempt corporations, shall be exempt from taxation. The General t J^ rom Assembly may exempt cemeteries, and property held for educational, scientific, literary, charitable, or religious pur- 52 THE CONSTITUTION Taxes levied by County Commis- sioners. Acts levying * taxes shall state ' t object, &c. poses ; also, wearing apparel, arms for muster, household and kitchen furniture, the mechanical and agricultural im- plements of mechanics and farmers, libraries and scientific instruments, or any other personal property, to a value not exceeding three hundred dollars. Sec. 6. The taxes levied by the Commissioners of the several Counties for county purposes, shall be levied in like manner with the State taxes, and shall never exceed the double of the State tax, except for a special purpose, and with the special approval of the General Assembly. Sec. 7. Every act of the General Assembly levying a tax shall state the special object to which it is to be applied, and it shall be applied to no other purpose. ARTICLE YI. SUFFRAGE AND ELIGIBILITY TO OFFICE. Qualifications of [Section 1. Everv male person, born in the United States^ an electer. and every male person who has been naturalized, twenty- one years old or upward, who shall have resided in the State twelve months next preceding the election, and ninety ' days in the county in which he offers to vote, shall be deemed an elector. But no person, who, upon conviction or confession in open court, shall be adjudged guilty of felony, or of any other crime infamous by the laws of this State, and hereafter committed, shall be deemed an elector, unless such person shall be restored to the rights of citi- zenship in a mode prescribed by law.] Registration of Sec. 2. It shall be the duty of the General Assembly to electors. provide, from time to time, for the registration of all elec- tors, and no person shall be allowed to vote without regis- AS AMENDED. 53 tration, or to register, without first taking an oath or affir- mation to support and maintain the Constitution and laws ■of the United States, and the Constitution and laws of North Carolina not inconsistent therewith. Sec. 3. All elections by the people shall be bv ballot, and Elections bypeo* ,1 1 • , i n i a ,1 i n i -" • pie and General all elections by the General Assembly shall be viva voce. Assembly. Sec. 4. Every voter, except as hereinafter provided, shall be eligible to office ; but before entering upon the discharge of the duties of his office, he shall take and subscribe the following oath: '• I, , do solemnly swear (or affirm) Oath of office. that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office. So help me God.'' Sec. 5. The following classes of persons shall be disquali- Disqualification, fied for office : First, All persons who shall deny the being of Almighty God. Second, All persons who shall have been convicted of treason, perjury, or of any other infa- mous crime, since becoming citizens of the United States, or of corruption, or mat-practice in office, unless such person shall have been legally restored to the rights of citizenship. ARTICLE TIL MUNICIPAL CORPORATIONS. Section 1. In each County, there shall be elected bien- county officers, nially by the qualified voters thereof, as provided for the election of members of the General Assembly, the follow- ing officers : A Treasurer, Register of Deeds, Surveyor and five Commissioners. Sec. 2. It shall be the duty of the Commissioners to exer- DutvofCou t <}ise a general supervision and control of the penal and Commissioners, charitable institutions, schools, roads, bridges, levying of 54 THE CONSTITUTION Counties to be divided into dis- tricts. Said districts shall have corpo- rate powers as Townships. Officers of Town- ships. Trustees shall assess property. No debt or loan except by a ma- jority of voters. Drawing of money. taxes and finances of the County, as may be prescribed by law. The Register of Deeds, shall be ex officio, Clerk of the Board of Commissioners. Sec. 3. It shall be the duty of the Commissioners first elected in each County, to divide the same into convenient Districts, to determine the boundaries and prescribe the- name of the said Districts, and to report the same to the General Assembly before the first day of January, 1869. Sec. 4. Upon the approval of the reports provided for in the foregoing section, by the General Assembly, the said Districts shall have corporate powers for the necessary pur- poses of local government, and shall be known as Townships.. Sec. 5. In each Township there shall be biennially elected, by the qualified voters thereof, a Clerk and two Justices of the Peace, who shall constitute a Board of Trus- tees, and shall, under the supervision of the County Com- missioners, have control of the taxes and finances, roads and bridges of the Township as may be prescribed by law- The General Assembly may provide for the election of a larger number of Justices of the Peace in cities and towns, and in those Townships in which cities and towns are situa- ted. In every Township there shall also be biennially elected a School Committee, consisting of three persons,, whose duty shall be prescribed by law. Sec. 6. The Township Board of Trustees shall assess the taxable property of their Townships and make return to the County Commissioners for revision, as may be pre- scribed by law. The Clerk shall also be, ex officio, Treas- urer of the Township. Sec. 7. No county, city, town, or other municipal corpo- ration shall contract any debt, pledge its faith, or loan its credit, nor shall any tax be levied, or collected by any officers of the same, except for the necessary expenses- thereof, unless by a vote of a majority of the qualified voters therein. Sec. 8. No money shall be drawn from any County or- Township Treasury, except by authority of law. AS AMENDED. 55 Sec. 9. All taxes levied by any county, city, town, or Taxes to be ad- township, shall be uniform and ad valorem, upon all pro- perty in the same, except property exempted by this Con- stitution. Sec. 10. The county officers first elected under the pro- When officers en- , . ter on duty. visions of this Article, shall enter upon their duties ten days after the approval of this Constitution by the Congress of the United States. Sec. 11. The Governor shall appoint a sufficient number Governor to ap- of Justices of the Peace in each county, who shall hold their places until sections four, five and six of this Article shall have been carried into effect. Sec. 12. All charters, ordinances and provisions relating Charters to re- • -l main in force to municipal corporations shall remain in force until legally until legally changed, unless inconsistent with the provisions of this Constitution. Sec. 13. JSTo count} 7 , city, town or other municipal corpo- Debts in aid of .• \ -\i in j. i i • j the rebellion not ' ration shall assume or pay, nor shall any tax be levied or t0 be paic ^ collected fur the payment of any debt, or the interest upon any debt, contracted directly or indirectly in aid or support of the rebellion. [Section 14. The General Assembly shall have full power p owers f Gen- eral Assembly over municipE corporations, by statute to modify, change or abrogate an}- and all of the over municipal provisions of this Article, and substitute others in their place, except sections seven, nine and thirteen.] ARTICLE VIII. CORPORATIONS OTHER THAN MUNICIPAL. Section 1. Corporations may be formed under general „ 1 d ° Corporations un- laws, but shall not be created by special act, except fcr der general laws. municipal purposes, and in cases where, in the judgment of the Legislature, the object of the corporations cannot be THE CONSTITUTION Debts of corpo- rations, how se- cured. What corpora- tions shall in- clude. Legislation to provide for ir- ganizing Cities, Towns, &c. attained under general laws. All general laws and special acts passed, pursuant to this section, may be altered from time to time or repealed. Sec. 2. Dues from corporations shall be secured by such individual liabilities of the corporations and other means, as may be prescribed by law. Sec. 8. The term corporation, as used in this Article, shall be construed to include all associations and joint stock companies, having any of the powers and privileges of cor- porations, not possessed by individuals or partnerships. And all corporations shall have the right to sue, and shall be subject to be sued in all Courts, in like cases as natural persons. Sec. 4. It shall be the duty of the Legislature to provide for the organization of cities, towns and incorporated vil- lages, and to restrict their power of taxation, assessments, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in con- tracting debts by such municipal corporations. AKTICLE IX. EDUCATION. Education shall toe encouraged. Section 1. Religion, morality and knowledge, being nec- essary to good government and happiness of mankind, schools and the means of education shall forever be^en- couraged. General a ssembiy Sec. 2. The General Assembly, at its first session under £hooII OTide f ° r this Constitution, shall provide by taxation and otherwise for a general and uniform system of public schools, wherein tuition shall be free of charge to all the children of the State between the ages of six and twenty-one years. [And the children of the white race and the children of the col- AS AMENDED. 57 oredrace shall be taught in separate public schools ; but J a e c p e a s ratioa of the there shall be no discrimination made in favor of, or to the prejudice of, either race.] Sec. 3. Each County of the State shall be divided into a Counties to be; • ; divided into die- eonvenient number of districts, in which one or more pub- tricts. lie schools shall be maintained at least four months in every year ; and if the Commissioners of any County shall fail to comply with the aforesaid requirements of this section, they shall be liable to indictment. rSEc. 4. The proceeds cf all lands that have been or here- what property L i shall be devoted after may be granted by the United States to this State, and *° ^ g c ^ ional not otherwise appropriated by this State or the United States; also, all moneys, stocks, bonds and other property now belonging to any State fund for purposes of education ; also the net proceeds of all sales of the swamp lands be- longing to the State, and all other grants, gifts or devises that, have been or hereafter may be made to this State and not otherwise appropriated by the State or by the term of the grant, gift or devise, shall be paid into the State treas- ury ; and, together with so much of the ordinary revenue of the State as may be by law set apart for that purpose, shall be faithfully appropriated for establishing and main- taining in this State a system of free public schools, and for no other uses or purposes whatsoever.] [Sec 5. All moneys, stocks, bonds and other property be- County School 17 funds, longing to a county school fund ; also, the net proceeds from the sale of estrays ; also, the clear proceeds of all penalties and forfeitures, and of all fines collected in the several counties for any breach of the penal or military laws of the State ; and all moneys which shall be paid by persons as an equiva- lent for exemption from military duty, shall belong to and remain in the several counties, and shall be faithfully ap- 58 THE CONSTITUTION Proviso. Election of Trus- tees, and pro- visions for main- tenance of the University. Benefits of the University. Board of Eduea 1 tion. President and Secretary . Power of Board. propriated for establishing and maintaining free public schools in the several counties of this State: Provided, Tnat the amount collected in each county shall be annually reported to the Superintendent of Public Instruction.] Sec. 6. The General Assembly shall have power to pro- vide for the election of Trustees of the University of North Carolina, in whom, when chosen, shall be vested all the privileges, rights, franchises and endowments thereof, in anywise granted to or conferred upon the Trustees of said University; and the General Assembly may make such provisions, laws and regulations from time to time, as may be necessary and expedient for the maintenance and man- agement of said University. Sec. 7. The General Assembly shall provide that the benefits of the University, as far as practicable, be extended to the youth of the State free of expense for tuition ; also, that all the property which has heretofore accrued to the State, or shall hereafter accrue from escheats, unclaimed dividends, or distributive shares of the estates of deceased persons, shall be appropriated to the use of the University. Sec. 8. The Governor, Lieutenant Governor, Secretary of State, Treasurer, Auditor, Superintendent of Public Instruction and Attorney General, shall constitute a Board of Education. Sec. 9. The Governor shall be President, and the Super- intendent of Public Instruction shall be Secretary of the Board of Education. Sec. 10. The Board of Education shall succeed to all the powers and trusts of the President and Directors of the Literary Fund of North Carolina, and shall have full power to legislate and make all needful rules and regulations in relation to free public schools and the educational fund of the State ; but all acts, rules and regulations of said Board may be altered, amended or. repealed by the General As- sembly, and when so altered, amended or repealed, they shall not be re-enacted by the Board. AS AMENDED. 59 Sec. 11. The first session of the Board of Education shall ^ c f ession of be held at the capitol of the State, within fifteen days after the organization of the State government under this Con- stitution ; the time of future meetings may be determined by the Board. Sec. 12. A majority of the Board shall constitute a quo- Quorum. rum for the transaction of business. Sec. 13. The contingent expenses of the Board shall be Expenses provided for by the General Assembly. Sec. 14. As soon as practicable after the adoption of this Agricultural De Constitution, the General Assembly shall establish and maintain, in connection with the University, a Department, of Agriculture, of Mechanics, [of Mining, and of Normal Instruction. Sec. 15. The General Assembly is hereby empowered to Children must , attend school, enact that every child, of sufficient mental and physical ability, shall attend the public schools during the period between the ages of six and eighteen years, for a term of not less than sixteen months, unless educated by other means. AETICLE X. homesteads and exemptions. Section 1. The personal property of any resident of this Exemption. State, to the value of five hundred dollars, to be selected by such resident, shall be, and is hereby exempted from sale under execution, or other final process of any Court, issued for the collection of any debt. Sec. 2. Every homestead, and the dwelling and buildings Homestead, used therewith, not exceeding in value one thousand dol- lars to be selected by the owner thereof, or in lieu thereof, at the option of the owner, any lot in a city, town or vil- lage, with the dwelling and buildings used thereon, owned -m THE CONSTITUTION Homestead ex- i ijmptecL from -debt.' "sL&borer's lien. and occupied by any resident of this State, and not exceed- ing the value of one thousand dollars, shall be exempt from sale under execution, or other final process, obtained on any debt. But no property shall be exempt from sale for taxes, or for payment of obligations contracted for the purchase of said premises. Sec. 3. The homestead, after the death of the owner thereof, shall be exempt from the payment of any debt during the minority of his children, or any one of them. Sec. 4. The provisions of sections one and two of this Article shall not be so construed as to prevent a laborer's lien for work done and performed for the person claiming such exemption, or a mechanic's lien for work done on the premises. Senefit of widow. Sec. 5. If the owner of a homestead die, leaving a widow, but no children, the same shall be exempt from the debts of her husband, and the rents and profits thereof shall inure to her benefit during her widowhood, unless she be the owner of a homestead in her own right. Sec. 6. The real and personal property of any female in this State, acquired before marriage, and all property, real and persona], ?*» which she may, after marriage, become in any manner emptied, shall be and remain thesole and sepa- rate estate and property of such female, and shall not be liable for any debts, obligations or engagements of her hus- band, and may be devised or bequeathed, and, with the written assent of her husband, conveyed by her as if she were unmarried. Sec. 7. The husband may insure his own life for the sole use and benefit of his wife and children, and in case of the death of the husband the amount thus insured shall be paid over to the wife and children, or the guardian, if under age, for her, or their own use, free from all the claims of the representatives of the husband, or any of his creditors. Sec. 8. Nothing contained in the foregoing sections of this Article shall operate to prevent the owner of a home- stead from disposing of the same by deed ; but no deed Teoperty of a married female -secured to her. (Husband may in- sure his life for 6iie benefit of wife aiid cluldrea. ffdeed for fltomestead may •'&& made. AS AMENDED. 6* made by the owner of a homestead shall be valid without the voluntary signature and assent of his wife, signified on her private examination according to law. ARTICLE XL PUNISHMENTS. PENAL INSTITUTIONS AND PUBLIC CHARITIES. Section 1. The following punishments only shall be Punishments, known to the laws of this State, viz : death, imprisonment, with or without hard labor, fines, removal from office and disqualification to hold and enjoy any office of honor, trust, or profit under this State. [The foregoing provision for Convict Labor imprisonment with hard labor shall be construed to au- thorize the employment of such convict labor on public works, or highways, or other labor for public benefit, and the farming out thereof where and in such manner as may be provided by law ; but no convict shall be farmed out who has been sentenced on a charge of murder, man- slaughter, rape, attempt to commit rape, or arson. Pro- Proviso vided, That no convict whose labor may be farmed out shall be punished for any failure of duty as a laborer except by a responsible officer of the State ; but the convicts so farmed out shall be at all times under the supervision and control, as to their government and discipline, of the Penitentiary Board, or some officer of this State.] Sec. 2. The object of punishments being not only to Death punish satisfy justice, but also to reform the offender, and thus pre- m vent crime, murder, arson, burglary, and rape, and these only, may be punishable with death, if the General As- sembly shall so enact. Sec. 3. The General Assembly shall, at its first meeting, penitentiary,, make provision for the erection and conduct of a State's 62 THE CONSTITUTION Houses of correc- tion. Houses of refuge. The sexes to be separated. Provision for the poor and orphans. Orphan houses. Inebriates and idiots. Deaf mutes and insane. Self-supporting. Prison or Penitentiary at some central and accessible point within the State. Sec. 4. The General Assembly may provide for the erec- tion of Houses of Correction, /where vagrants and persons guilty of misdemeanors shall be restrained and usefully em- ployed. Sec. 5. A House or Houses of Refuge may be estab- lished whenever the public interest may require it, for the correction and instruction of other classes of offenders. Sec. 6. It shall be required, by competent legislation, that the structure and superintendence of penal institutions of the State, the county jails, and city police prisons, secure the health and comfort of the prisoners, and that male and female prisoners be never confined^in the same room or cell. Sec. 7. Beneficent provision for the poor, the unfortunate and orphan, being one of the first ) duties of a civilized and a Christian State, the General Assembly [shall, at its first session, appoint and define the duties of a Board of Public Charities, to whom shall be entrusted the supervision of all charitable and penal State institutions, and |who shall annu- ally report to the Governor upon their condition, with sug- gestions for their improvement. Sec. 8. There shall also, as soon as practicable, be meas- ures devised by the State for the establishment of one or more Orphan Houses, where destitute/orphans may be cared for, educated and taught some business or trade. Sec. 9. It shall be the duty of the Legislature, as soon as practicable, to devise means for the education of idiots and inebriates. Sec. 10. The General Assernblj 7 shall provide that all the deaf mutes, the blind, and the insane of the State, shall be cared for at the charge of the State. Sec. 11. It shall be steadily kept in view by the Legisla- ture, and the Board of Public Charities, that all penal and charitable institutions should be made as nearly self-sup- porting as is consistent with the purposes of their creation.. AS AMENDED. 63 ARTICLE XII. MILITIA. Section 1. All able bodied male citizens of the State of Wbo are liable to tv r i ^ t i i c i n militia duty. JNorth Carolina, between the ages ot twenty-one and iorty jears, who are citizens of the United States, shall be liable to duty in the militia : Provided, That all persons who may be adverse to bearing arms, from religions scruples, shall be exempt therefrom. Sec. 2. The General Assembly shall provide for the or- Organizing:, &c. ganizing, arming, equipping and discipline of the militia, and. for paying the same when called into active service. Sec. 3. The Governor shall be Commander-in-Chief, and Governor Com- , .n.-i ■!•.• ,, i mander-in-Chiefl have power to call out the militia to execute the law, sup- press riots or insurrection, and to repel invasion. Sec 4. The General Assembly shall have power to make Exemptions 1 ? such exemptions as may be deemed necessary, and to enact laws that may be expedient for the government of the militia. ARTICLE XIII. AMENDMENTS. [Section 1. No Convention of the people of this State Convention how shall ever be called by the General Assembly, unless by the concurrence of two-thirds of all the members of each House ©f the General Assembly, and except the proposition, Con- vention or No Convention, be first submitted to the quali- fied voters of the whole State, at the next general election, in a manner to be prescribed by law. And should a ma- 64 THE CONSTITUTION How the Cousti-" tution may be al- tered. f~ ,;;^ jority of the votes cast be in favor of said Convention, it shall assemble on such day as may be prescribed by the General Assembly.] [Sec. 2. ISTo part of the Constitution of this State shall be altered unless a bill to alter the same shall have been agreed to by three-fifths of each House of the General Assembly. And the amendment or amendments so agreed to shall be submitted at the next general election to the qualified vo- ters of the whole State, in such manner as may be pre- scribed by law. And in the event of their adoption by a majority of the votes cast, such amendment or amend- ments shall become a part of the Constitution of this State.] ARTICLE XIY. MISCELLANEOUS. Indictments. Penalty for fight- ing duel. Drawing money. Mechanic's lien. Section 1. All indictments which shall have been found, or may hereafter be found, for any crime or offence com- mitted before this Constitution takes effect, may be pro- ceeded upon in the proper Courts, but no punishment shall be inflicted which is forbidden by this Constitution. Sec. 2. No person who shall hereafter fight a duel, or assist in the same as a second, or send, accept, or knowingly carry a challenge therefor, or agree to go out of this State to fight a duel, shall hold any office in this State. Sec. 3. No money shall be drawn from the Treasury but in consequence of appropriations made by law, and an ac- curate account of the receipts and expenditures of the public money shall be annually published. Sec 4. The General Assembly shall provide, by proper legislation, for giving to mechanics and laborers an ade- quate lien on the subject matter of their labor. AS AMENDED. 65 Sec. 5. In the absence of any contrary provision, all Governor to make J J appointments, officers in this State, whether heretofore elected or ap- pointed by the Governor, shall hold their positions only until other appointments are made by the Governor, or, if the officers are elective, until their successors shall have been chosen and duly qualified according to the provisions of this Constitution. Sec. 6. The seat of government in this State shall re- Seat of govem- D mcnt. main at the City of Raleigh. Sec. 1. ]So person, who shall hold any office or place of Holding office, trust or profit under the United States, or any department thereof, or under this State, or under any other State, or government, shall hold or exercise any other office or place of trust or profit under the authority of this State, or be eligible to a seat in either House of the General Assembly : Provided, That nothing herein contained shall extend to officers in the militia, justices of the peace, commissioners of public charities, or commissioners for special purpcses. [Sec. 8. All marriages between a white person and a intermarriage of whites and ne- negro, or between a white person and a person of negro s* ^ prohibited, descent to the third generation inclusive, are hereby forever prohibited.] APPENDIX. ORDINANCES TO SUBMIT THE AMENDMENTS TO THE PEOPLE. A BILL TO BE ENTITLED AN ORDINANCE TO SUBMIT TO THE PEO- PLE THE AMENDMENTS TO THE CONSTITUTION ADOPTED BY THIS CONVENTION. Section 1. Be it ordained by the people of North Caro- The Election, Una in Convention assembled, That the amendments to the Constitution of this State, adopted by this Convention at any time during its session, shall be submitted to the people for ratification or rejection, as a whole, at the gen- eral election to be held on the Tuesday next after the first Monday in November, in the year of our Lord one thousand eight hundred and seventy-six. That every person entitled to vote under the existing Constitution and laws of this State, shall be entitled to vote for the ratification or rejec- tion of said amendments ; those who wish a ratification of the amendments voting with a printed or written ticket, "Ratification," those of a contrary opinion, "Rejection." That said election shall be held, and said qualified electors shall vote, at the usual places of voting in the several counties of this State ; and that said election shall be con- ducted under the same rules and regulations, and under the same pains and penalties as are now required and prescribed by law, and returns thereof made, according to the laws now in force regulating the election of members of the General Assembly. Sec. 2. That the returns of the whole vote cast for the Returns ratification and for the rejection of said amendments, shall L APPENDIX. ho made by the sheriffs of the several counties of the State to the Chief Justice of the Supreme Court of the State, at Raleigh, within thirty days after the election : Provided, That if the office of Chief Justice shall become vacant 'by death, resignation or otherwise, the said returns shall in like manner be made to the Attorney General of the State; and the returns of said votes shall, within ten days thereafter, be examined and canvassed by the said Chief J ustice, or Attor ney General in case of the vacancy in the said office of Chief Justice, in the presence of the Governor, and pro- clamation shall be made by the Governor forthwith of the result of the canvass, if Can- Sec. 3. That if, upon such canvass, it shall appear that a majority of the votes polled we»*e in favor of the ratification of the amendments, then the said amendments t? the Con- stitution shall constitute a part of the Constitution of the State, and shall take effect as such on the first day of Janu« ary, A. D. one thousand eight hundred and seventy-seven ; and thereupon the Governor shall cause to be endorsed' on said amendments, as enrolled by this Convention, a certifi- cate under his signature, declaring that the said amend- ments have been ratified by the people of North Carolina. The Secretary of State shall countersign the said certificate and annex thereto the great seal of the State, and the said amendments, so enrolled, with the certificates aforesaid, shall be forever kept among the archives of the State, in the office of the Secretary of State aforesaid. Publication. Sec. 4. That said amendments to the Constitution, [after being duly enrolled and properly authenticated, shall be deposited by the Secretary of the Convention in the'office of the Secretary of State for safe keeping, and shall be, by order of the Governor and Secretary of State, published for six months in two papers, one of each political party, in each Congressional District of the State, immediately pre- ^