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CONSTITUTION
OF THE
STATE OF NORTH CAROLINA
AND COPY OF THE ACT OF THE GENERAL ASSEMBLY, ENTITLED
AN ACT TO AMEND THE CONSTITUTION OF THE STATE OF NORTH CAROLINA
(CHAPTER 81, PUBLIC LAWS, EXTRA SESSION OF 1913)
ISSUED FROM THE OFFICE OF THE
SECRETARY OF STATE
RALEIGH
BY AUTHORITY OF THE
GENERAL ASSEMBLY
RALEIGH
EDWARDS & BROUGHTON PRINTING COMPANY
STATE PRINTERS AND BINDERS
1914
Received through the
Bureau for Municipal Research
By direction of the General Assembly, this pamphlet is furnished for
distribution to, and the information of, citizens of the State of North
Carolina. It contains the Constitution of the State of North Carolina as
it now stands, and shows, on page 39 and the pages following, the
proposed amendments, and a copy of the official ballot. Additional
copies of this pamphlet may be had upon application to the County Clerk
of Court, or to the Secretary of State, Raleigh.
CONSTITUTION OF THE STATE OF NORTH CAROLINA
PREAMBLE.
[Sidenote: 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 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 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:
[Sidenote: The equality and rights of men.]
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 inalienable
rights; that among these are life, liberty, the enjoyment of the fruits
of their own labor, and the pursuit of happiness.
[Sidenote: Political power and government.]
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.
[Sidenote: Internal government of the State.]
SEC. 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 be necessary for their safety and happiness;
but every such right should be exercised in pursuance of law, and
consistently with the Constitution of the United States.
[Sidenote: That there is no right to secede.]
SEC. 4. That this State shall ever remain a member of the American
Union; that the people thereof are a 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.
[Sidenote: Of allegiance to the U. S. government.]
SEC. 5. That every citizen of this State owes paramount 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.
[Sidenote: Public debt.]
[Sidenote: Bonds issued under ordinance of Convention of 1868 and under
acts of 1868, 1868-'69, 1869-'70, declared invalid.]
[Sidenote: Exception.]
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; nor shall the General Assembly
assume or pay, or authorize the collection of any tax to pay, either
directly or indirectly, expressed or implied, any debt or bond incurred,
or issued, by authority of the Convention of the year one thousand eight
hundred and sixty-eight, nor any debt or bond incurred or issued by the
Legislature of the year one thousand eight hundred and sixty-eight, at
its special session of the year one thousand eight hundred and
sixty-eight, or at its regular sessions of the years one thousand eight
hundred and sixty-eight and one thousand eight hundred and sixty-nine
and one thousand eight hundred and seventy, except the bonds issued to
fund the interest on the old debt of the State, unless the proposing to
pay the same shall have first been submitted to the people and by them
ratified by the vote of a majority of all the qualified voters of the
State, at a regular election held for that purpose.
[Sidenote: Exclusive emoluments, etc.]
SEC. 7. No man or set of men are entitled to exclusive or separate
emoluments or privileges from the community but in consideration of
public services.
[Sidenote: The legislative, executive and judicial powers distinct.]
SEC. 8. The legislative, executive and supreme judicial powers of the
government ought to be forever separate and distinct from each other.
[Sidenote: Of the power of suspending laws.]
SEC. 9. All power of suspending laws, or the execution of laws, by any
authority, without the consent of the representatives of the people, is
injurious to their rights, and ought not to be exercised.
[Sidenote: Elections free.]
SEC. 10. All elections ought to be free.
[Sidenote: In criminal prosecutions.]
SEC. 11. In all criminal prosecutions, every man has the right to be
informed of the accusation against him and to confront the accusers and
witnesses with other testimony, and to have counsel for his defense, and
not to be compelled to give evidence against himself, or to pay costs,
jail fees, or necessary witness fees of the defense, unless found
guilty.
[Sidenote: Answers to criminal charges.]
SEC. 12. No person shall be put to answer any criminal charge, except as
hereinafter allowed, but by indictment, presentment or impeachment.
[Sidenote: Right of jury.]
SEC. 13. No person shall be convicted of any crime but 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.
[Sidenote: Excessive bail.]
SEC. 14. Excessive bail should not be required, nor excessive fines
imposed, nor cruel or unusual punishments inflicted.
[Sidenote: General warrants.]
SEC. 15. General warrants, whereby any officer or messenger may be
commanded to search suspected places, without evidence of the act
committed, or to seize any person or persons not named, whose offense is
not particularly described and supported by evidence, are dangerous to
liberty and ought not to be granted.
[Sidenote: Imprisonment for debt.]
SEC. 16. There shall be no imprisonment for debt in this State, except
in cases of fraud.
[Sidenote: No person to be taken, etc., but by law of the land.]
SEC. 17. No person ought to be taken, imprisoned, or disseized 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.
[Sidenote: Persons restrained of liberty.]
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.
[Sidenote: Controversies at law respecting property.]
SEC. 19. In all controversies at law respecting property, the ancient
mode of trial by jury is one of the best securities of the rights of the
people, and ought to remain sacred and inviolable.
[Sidenote: Freedom of the press.]
SEC. 20. The freedom of the press is one of the great bulwarks of
liberty, and therefore ought never to be restrained, but every
individual shall be held responsible for the abuse of the same.
[Sidenote: Habeas corpus.]
SEC. 21. The privileges of the writ of _habeas corpus_ shall not be
suspended.
[Sidenote: Property qualification.]
SEC. 22. As political rights and privileges are not dependent upon, or
modified by, property, therefore no property qualification ought to
affect the right to vote or hold office.
[Sidenote: Representation and taxation.]
SEC. 23. The people of the 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.
[Sidenote: Militia and the right to bear arms.]
SEC. 24. 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. Nothing
herein contained shall justify the practice of carrying concealed
weapons, or prevent the Legislature from enacting penal statutes against
said practice.
[Sidenote: Right of the people to assemble together.]
SEC. 25. The people have a right to assemble together to consult for
their common good, to instruct their representatives, and to apply to
the Legislature for redress of grievances. But secret political
societies are dangerous to the liberties of a free people, and should
not be tolerated.
[Sidenote: Religious liberty.]
SEC. 26. All men have a natural and inalienable right to worship
Almighty God according to the dictates of their own consciences, and no
human authority should, in any case whatever, control or interfere with
the rights of conscience.
[Sidenote: Education.]
SEC. 27. The people have the right to the privilege of education, and it
is the duty of the State to guard and maintain that right.
[Sidenote: Elections should be frequent.]
SEC. 28. For redress of grievances, and for amending and strengthening
the laws, elections should be often held.
[Sidenote: Recurrence to fundamental principles.]
SEC. 29. A frequent recurrence to fundamental principles is absolutely
necessary to preserve the blessings of liberty.
[Sidenote: Hereditary emoluments, etc.]
SEC. 30. No hereditary emoluments, privileges or honors ought to be
granted or conferred in this State.
[Sidenote: Perpetuities, etc.]
SEC. 31. Perpetuities and monopolies are contrary to the genius of a
free State and ought not to be allowed.
[Sidenote: Ex post facto laws.]
SEC. 32. Retrospective laws, punishing acts committed before the
existence of such laws, and by them only declared 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.
[Sidenote: Slavery prohibited.]
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 the State.
[Sidenote: State boundaries.]
SEC. 34. The limits and boundaries of the State shall be and remain as
they now are.
[Sidenote: Courts shall be open.]
SEC. 35. All courts shall be open; and every person for an injury done
him in his lands, goods, person or reputation, shall have remedy by due
course of law, and right and justice administered without sale, denial
or delay.
[Sidenote: Soldiers in time of peace.]
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 but in a manner
prescribed by the law.
[Sidenote: Other rights of the people.]
SEC. 37. This enumeration of rights shall not be construed to impair or
deny others retained by the people; and all powers not herein delegated
remain with the people.
ARTICLE II.
LEGISLATIVE DEPARTMENT.
[Sidenote: Two branches.]