CONCLUSION.
A. D. 1881.
In the financial prostration consequent upon the late war, a
large debt was due from North Carolina to creditors who held the
bonds of the State. That portion of these bonds which had been
issued before the war was considered an honorable burden, that
should be discharged by such payment as might be fixed by
agreement between the State and the bondholders.
2. In this way a compromise was effected, and new bonds have
been issued, which embrace a large portion of what was honestly
due from the State to her creditors. For those which were made
in defiance of the terms of the Constitution, and appropriated
almost entirely by dishonest officials, no provision has been
made, and doubtless, will never be.
3. When, in 1876, the great quadrennial contest for the
Presidency of the Union again recurred; it was rightly
considered one of the most momentous crises that had yet
occurred in American history. The great issue was as to the
continuance of State governments. The recent habits of General
Grant in his dealing with Southern Commonwealths had virtually
ignored their separate existence. In the strange and
unprecedented action of Congress that resulted in the seating of
Governor Hayes as President, the Federal troops were withdrawn,
and the people of the States left to administer their own
affairs, and State governments were recognized.
4. Ex-Governor Vance was this year elected over Judge Thomas
Settle to the Chief-Magistracy, as has already been stated.
General M. W. Ransom and ex-Judge A. S. Merrimon were sent to
the United States Senate, in the place of John Pool and General
J. C. Abbott. Through the efforts of our Congressmen, many
needed appropriations by Congress have been secured to North
Carolina, and their result is specially noticeable in the great
improvement of the ship channels of the Cape Fear and other rivers.
5. Upon the election of Governor Vance to the United States
Senate, February 8th, 1879, he was succeeded by Lieutenant-
Governor T. J. Jarvis. The latter had served as a captain in
the Eighth North Carolina Regiment in the late war, and
subsequently, as Speaker of the House of Representatives. Chief-
Justice Pearson died in 1878, on his way to attend the session
of the Supreme Court at Raleigh. W. N. H. Smith was appointed
by Governor Vance as Chief-Justice in the place of Judge
Pearson. At the next election by the people, Judge Smith, with
John H. Dillard and Thomas S. Ashe as Associate Justices, was
elected without opposition. Judge Dillard having resigned in
1881, Judge Thomas Ruffin was appointed his successor.
6. The public charities of the State have been enlarged and
elevated in their ministrations. The recent adoption of the
Orphan Asylum at Oxford as a recipient of the State's bounty,
the erection of a colored Deaf and Dumb Asylum, the erection of
an hospital for the insane of the colored race, and the great
building at Morganton for additional accommodation to white
lunatics, are only a portion of the recent humanities
inaugurated by the General Assembly.
7. Perhaps in no other respect is so much physical improvement
possible as in the development of the mining interests of the
State. Capital from abroad is flowing in, and from many
counties fresh discoveries of mineral deposits are leading to
the establishment of companies and firms for the purpose of
working such mines. No other State of the Union presents such a
variety of these rich and beautiful gifts of nature. The recent
discovery, in the western part of the State, of a new gem,
called the "Hiddenite," is attracting general attention and
increasing the influx of visitors to the romantic scenery of the
mountains.
8. For years past, it has been evident to intelligent observers
that no bar exists to illimitable progression, both to North
Carolina and the great American Republic, except in the
senseless and cruel sectional hostilities. If the people, North
and South, could only be induced to surrender their mutual
distrust and aversion, thereby would disappear the last danger
left to the American people.
1881.
9. God has blessed them year by year with over flowing barns.
They are already one of the most numerous and wealthy of all
nations; and yet, with so many blessings, sectional hatred had
become the ruling emotion in countless breasts. Amid such a
state of affairs, General James A. Garfield became President of
the United States. On the 2d day of July he was shot down in
Washington by an assassin. The news of this crime, when flashed
over the electric wires, carried sorrow to the whole civilized
world--and of all the cities of the Union, Raleigh was the first
to express, by public meeting, the indignation of her people at
the deed. In the weeks of the President's subsequent agony, as
he lay battling with death, the hearts of the American people
were strangely drawn together in the presence of this common
national calamity.
10. When, on September 19th, it was announced that the long and
painful struggle was ended, and the smitten statesman was at
last eased of his agony by death, such grief was seen in all
America as had never before been witnessed. In the presence of
such a death all cries of dissension ceased to be heard, and
every party and race united in the general mourning.
11. The people of North Carolina, with one accord, desire that
such a spirit may continue to animate the American people. As
they were the first of all the States to urge the independence
of America, so may they ever be found sustaining the
Constitution and the Union that guarantee its perpetuity.
QUESTIONS.
1. What is said of the State at this period? What portion of
this debt was considered an honorable burden?
2. How was a compromise effected in 1879? How does the State
consider the unconstitutional debts?
3. What is said of the Presidential contest of 1876? What was
the great issue? How had General Grant acted towards the
Southern Commonwealth? What followed the seating of Governor
Hayes as President?
4. What changes had been made in 1876 in North Carolina public
officers? What appropriations from Congress has North Carolina
received through efforts of her Senators?
5. Who succeeded Governor Vance? Who became Supreme Court Judges?
6. What mention is made of the public charities?
7. What tends greatly to the physical improvement of the State? What is said
of North Carolina's mineral wealth?
8. What has retarded the State's progress?
9. What was the condition of this sectional feeling during the late Presidential
campaign? What calamity befell the country on July 2d, 1881? How did the
news of this event affect the whole world?
10. When did President Garfield die? What are the concluding
reflections upon this great national calamity?
11. What is the sincere desire of every true North Carolina patriot?
APPENDIX.
REMARKS.
The Constitution of North Carolina is an important instrument to
the people of the State. It contains all the fundamental
principles of our State government, and ought to be carefully
read and studied by every citizen of North Carolina.
In order that the boys and girls who study this history may more
thoroughly understand the meaning and provisions of the State
Constitution, a series of "Questions" has been prepared with
great care by a distinguished citizen of the Commonwealth who is
well acquainted with the subject.
The pupils will become better informed on this subject if only
short lessons are given to them for preparation. About one page
of the text will be sufficient for a lesson if properly studied,
and by this means a much greater amount of information will be
retained than if larger space is rapidly passed over.
CONSTITUTION OF THE STATE OF NORTH CAROLINA. 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:
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 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.
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 the 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.
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, either 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 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.
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.
SEC. 8. The legislative, executive and supreme judicial powers
of the government ought to be forever separate and distinct from
each other.
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.
SEC. 10. All elections ought to be free.
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 defence, and not be compelled to give evidence against
himself, or to pay costs, jail fees or necessary witness fees of
the defence, unless found guilty.
SEC. 12. No person shall be put to answer any criminal charge,
except as hereinafter allowed but by indictment, presentment or
impeachment.
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.
SEC. 14. Excessive bail should not be required, nor excessives
fines imposed, nor cruel or unusual punishments inflicted.
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 offence is not particularly described 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 State,
except in cases of fraud.
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.
SEC. 18. Every person restrained of his liberty is entitled to a
remedy to inquire 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 securities of
the rights of the people, and ought to remain sacred and
inviolable.
SEC. 20. The freedom of the press is one of the great bulwarks
of liberty, and therefore ought never to be restrained, 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 dependent
upon, or modified by property, therefore no property
qualification ought to affect the right to vote or hold office.
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.
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.
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 grievance. 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 worship
Almighty God according to the dictates of their own consciences,
and no human authority should, in any case whatever, control or
interfere with the rights of conscience.
SEC. 27. The people have the right to the privilege of
education, and it is the duty of the State to guard and maintain
that right.
SEC. 28. For redress of grievances, and for amending and
strengthening the laws, elections should be often held.
SEC. 29. A frequent recurrence to fundamental principles is
absolutely necessary to preserve the blessings of liberty.
SEC. 30. No hereditary emoluments, privileges or honors ought to
be granted or conferred in this State.
SEC. 31. Perpetuities and monopolies are contrary to the genius
of a free State, and ought not to be allowed.
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.
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.
SEC. 34. The limits and boundaries of the State shall be and
remain as they now are.
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.
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 law.
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.
SECTION 1. The legislative authority shall be vested in two
distinct branches, both dependent on the people, to wit: A
Senate and a House of Representatives.
SEC. 2. The Senate and 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 composed of fifty Senators,
biennially chosen by ballot.
SEC. 4. The Senate Districts shall be so altered by the General
Assembly, at the first session after the return of every
enumeration by order of Congress, that each Senate District
shall contain, as near as may be, an equal number of
inhabitants, excluding aliens and Indians not taxed, and shall
remain unaltered until the return of another enumeration, and
shall at all times consist of contiguous, territory; and no
county shall be divided in the formation of a Senate District,
unless such county shall be equitably entitled to two or more
Senators.
SEC. 5. The House of Representatives shall be composed of one
hundred and twenty Representatives, biennially 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 House of Representatives, 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 herein before directed to be laid off.
SEC. 6. In making the apportionment in the House of
Representatives, the ratio of representation shall be
ascertained by dividing the amount of the population of the
State, exclusive of that comprehended within those counties
which do not severally contain the one hundred and twentieth
part of the population of the State, by the number of
Representatives, less the number assigned to such counties; and
in ascertaining the number of the population 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 Representative; to each county
containing twice but not three times the said ratio, there shall
be assigned two Representatives, and so on progressively, and
then the remaining Representatives shall be assigned severally
to, the counties having the largest fractions.
SEC. 7. Each member of the Senate shall not be less than twenty-
five years of age, shall have resided in the State as a citizen
two years, and shall have usually resided in the district for
which he is chosen one year immediately preceding his election.
SEC. 8. Each member of the House of Representatives shall be a
qualified elector of the State, and shall have resided in the
county for which he is chosen for one year immediately preceding
his election.
SEC. 9. In the election of all officers, whose appointment shall
be conferred upon the General Assembly by the Constitution, the
vote shall be viva voce.
SEC. 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 individual 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 power to pass general laws regulating the same.
SEC. 12. The General Assembly shall not pass any private law,
unless it shall be made to appear thirty days' notice of
application to pass such a law shall have been given, under such
directions and in such manner as shall be provided by law.
SEC. 13. If vacancies shall occur in the General Assembly 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, directly or
indirectly, for the payment of any debt, or to impose any tax
upon the people of the State, or to allow the counties, cities
or towns to do so, unless the bill for the purpose shall have
been read three several times in each House of the General
Assembly, and passed three several readings, which readings
shall have been on three different days, and agreed to by each
House respectively, and unless the yeas and nays on the second
and third reading of the bill shall have been entered on the journal.
SEC. 15. The General Assembly shall regulate entails in such
manner as to prevent perpetuities.
SEC. 16. Each House shall keep a journal of its proceedings,
which shall be printed and made public immediately after the
adjournment of the General Assembly.
SEC. 17. Any member of either House may dissent from, and
protest against, any act or resolve which he may think injurious
to the public, or any individual, and have the reason of his
dissent entered on the journal.
SEC. 18. The House of Representatives shall choose their own
Speaker and other officers.
SEC. 19. The Lieutenant-Governor shall preside in the Senate,
but shall have no vote unless it may be equally divided.
SEC. 20. The Senate shall choose its other officers, and also a
Speaker (pro tempore) in the absence of the Lieutenant-Governor,
or when he shall exercise the office of Governor.
SEC. 21. The style of the acts shall be: "The General Assembly
of North Carolina do enact"
SEC. 22. Each House shall be judge of the qualifications and
elections of its own members, shall sit upon its own
adjournments from day to day, prepare bills to be passed into
laws; and the two Houses may also jointly adjourn to any feature
day, or other place.
SEC. 23. All bills and resolutions of a legislative nature shall
be read three times in each House before they pass into laws;
and shall be signed by the presiding officers of both Houses.
SEC. 24. Each member of the General Assembly, before taking his
seat, shall take an oath or affirmation, that he will support
the Constitution and laws of the United States, and the
Constitution of the State of North Carolina and will faithfully
discharge his duty as a member of the Senate or House of
Representatives.
SEC. 25. The terms of office for Senators and members of the
House of Representatives shall commence at the time of their
election.
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 Assembly shall
be held for the respective districts and counties, at the places
where they are now held, or may be directed 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 elections.
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 exceeding 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 mute of public travel. The compensation of the
presiding officers of the two Houses shall be six dollars per
day and mileage. Should an extra session of the General
Assembly be called, the members and presiding officers shall
receive a like rate of compensation for a period not exceeding
twenty days.
ART1CLE III. EXECUTIVE DEPARTMENT.
SECTION 1. The Executive Department shall consist of a Governor,
in whom shall be vested the supreme executive power of the
State, a Lieutenant Governor, a Secretary of State, an Auditor,
a Treasurer, a Superintendent of Public Instruction, and an
Attorney-General, who shall be elected for a term of four years,
by the qualified electors of the State, at the same time and
place, and in the same manner as members of the General Assembly
are elected. Their term of office shall commence on the first
day of January next after their election, and continue until
their successors are elected and qualified: Provided, that the
officers first elected shall assume the duties of their office
ten days after the approval of this Constitution by the Congress
of the United States, and shall hold their offices four years
from after the first day of January.
SEC. 2. No person shall be eligible as Governor or Lieutenant-
Governor, unless he shall have attained the age of thirty years,
shall have been a citizen of the United States five years, and
shall have been a resident of this State for two years next
before the election; nor shall the person elected to either of
these two offices be eligible to the same office more than four
years in any term of eight years, unless the office shall have
been cast upon him as Lieutenant-Governor or President of the Senate.
SEC. 3. The return of every election for officers of the
Executive Department shall be sealed up and transmitted to the
seat of government by the returning officers, directed to the
Speaker of the House of Representatives, who shall open and
publish the same in the presence of a majority of the members of
both Houses of the General Assembly. The persons having the
highest number of votes respectively shall be declared duly
elected; but if two or more be equal and highest in vote for the
same office, then one of them shall be chosen by joint ballot of
both Houses of the General Assembly. Contested elections shall
be determined by a joint ballot of both Houses of the General
Assembly, in such manner as shall be prescribed-by law.
SEC. 4. The Governor, before entering upon the duties of his
office, shall, in the presence of the members of both branches
of the General Assembly, or before any Justice of the Supreme
Court, take an oath or affirmation that he will support the
Constitution and laws of the United States, and of the State of
North Carolina, and that he will faithfully perform the duties
appertaining to the office of Governor to which he has been elected.
SEC. 5. The Governor shall reside at the seat of government of
this State, and he shall, from time to time, give the General
Assembly information of the affairs of the State, and recommend
to their consideration such measures as he shall deem expedient.
SEC. 6. The Governor shall have power to grant reprieves,
commutations and pardons, after conviction, for all offences
(except in case of impeachment), upon such conditions as lie may
think proper, subject to such regulations as may be provided by
law relative to the manner of applying for pardons. He shall
biennially communicate to the General Assembly each case of
reprieve, commutation or pardon granted, stating the name of
each convict, the crime for which he was convicted, the sentence
and its date, the date of commutation, pardon or reprieve, and
the reasons therefor.
SEC. 7. The officers of the Executive Department and of the
public institutions of the State shall, at least five days
previous to each regular session of the General Assembly,
severally report to the Governor, who shall transmit such
reports, with his message, to the General Assembly; and the
Governor may, at any time, require information in writing from
the officers in the Executive Department upon any subject
relating to the duties of their respective offices, and shall
take care that the laws be faithfully executed.
SEC. 8. The Governor shall be Commander-in-Chief of the militia
of the State, except when they shall be called into the service
of the United States.
SEC. 9. The Governor shall have power, on extraordinary
occasions, by and with the advice of the Council of State, to
convene the General Assembly ? ? into? ? extra session by his
proclamation, stating therein the purpose or purposes for which
they are thus convened.
SEC. 10. The Governor shall nominate, and by and with the advice
and consent of a majority of the Senators elect, appoint all
officers, whose offices are established by this Constitution,
and whose appointments are not otherwise provided for.
SEC. 11. The Lieutenant-Governor shall be President of the
Senate, but shall have no vote unless the Senate be equally
divided. He shall, whilst acting as President of the Senate,
receive for his services the same pay which shall, for the same
period, be allowed to the Speaker of the House of
Representatives; and he shall receive no other compensation
except when he is acting as Governor.
SEC. 12. In case of the impeachment of the Governor, his failure
to qualify, his absence from the State, his inability to
discharge the duties of his office, or, in case the office of
Governor shall in anywise become vacant, the powers, duties and
emoluments of the office shall devolve upon the Lieutenant-
Governor until the disabilities shall cease, or a new Governor
shall be elected and qualified. In every case in which the
Lieutvaant-Governor shall be unable to preside over the Senate,
the Senators shall elect one of their own number President of
their body, and the powers, duties and emoluments of the office
of Governor shall devolve upon him whenever the Lieutenant-
Governor shall, for any reason, be prevented from discharging
the duties of such office as above provided, and he shall
continue as acting Governor until the disabilities are removed,
or a new Governor or Lieutenant-Governor shall be elected and
qualified. Whenever, during the recess of the General Assembly,
it shall become necessary for the President of the Senate to
administer the government, the Secretary of State shall convene
the Senate, that they may elect such President.
SEC. 13. The respective duties of the Secretary of State,
Auditor, Treasurer, Superintendent of Public Instruction and
Attorney General shall be prescribed by law. If the office of
any of the officers shall be vacated by death, resignation or
otherwise, it shall be the duty of the Governor to appoint
another until the disability be removed or his successor be
elected and qualified. Every such vacancy shall be filled by
election at the first general election that occurs more than
thirty days after the vacancy has taken place, and the person
chosen shall hold the office for the remainder of the unexpired
term fixed in the first section of this Article.
SEC. 14. The Secretary of State, Auditor, Treasurer and
Superintendent of Public Instruction shall constitute, ex
officio, the Council of State, who shall advise the Governor in
the execution of his office, and three of whom shall constitute
a quorum; their advice and proceedings in this capacity shall be
entered in a journal to be kept for this purpose exclusively,
and signed by the members present, from any part of which any
member may enter his dissent; and such journal shall be placed
before the General Assembly when called for by either House.
The Attorney-General shall be, ex officio, the legal adviser of
the Executive Department.
SEC. 15. The officers mentioned in this Article shall, at stated
periods, receive for their services a compensation to be
established by law, which shall neither be increased nor
diminished during the time for which they shall have been
elected, and the said officers shall receive no other emolument
or allowance.
SEC. 16. There shall be a seal of the State, which shall be kept
by the Governor, and used by him, as occasion may require, and
shall be called "the Great Seal of the State of North Carolina."
All grants and commissions shall be entered in the name and by
the authority of the State of North Carolina, sealed with the
"Great Seal of the State," signed by the Governor and
countersigned by the Secretary of State.
SEC. 17. The General Assembly shall establish a Department of
Agriculture, Immigration and Statistics, under such regulations
as may best promote the agricultural interests of the State, and
shall enact laws for the adequate protection and encouragement
of sheep husbandry.
ARTICLE IV. JUDICIAL. DEPARTMENT.
SECTION 1. The distinctions between actions at law and suits in
equity, and the forms of all such actions and suits, shall be
abolished; and there shall be in this State but one form of
action for the enforcement or protection of private rights or
the redress of private wrongs, which shall be denominated a
civil action; and every action prosecuted by the people of the
State as a party, against a person charged with a public
offence, for the punishment of the same, shall be termed a
criminal action. Feigned issues shall also be abolished, and
the fact at issue tried by order of Court before a jury.
SEC. 2. The judicial power of the State shall be vested in a
Court for the trial of Impeachments, a Supreme Court, Superior
Courts, Courts of Justices of the Peace, and such other courts
inferior to the Supreme Court at may be established by law.
SEC. 3. The Court for the trial of impeachments shall be the
Senate. A majority of the members shall be necessary to a
quorum, and the judgment shall not extend beyond removal from
and disqualification to hold office in this State; but the party
shall be liable to indictment and punishment according to law.
SEC. 4. The House of Representatives solely shall have the power
of impeaching. No person shall be convicted without the
concurrence of two-thirds of the Senators present. When the
Governor is impeached, the Chief-Justice shall preside.
SEC 5. Treason against the State shall consist only in levying
war against it, or in adhering to its enemies, giving them aid
and comfort. No person shall be convicted of treason unless on
the testimony of two witnesses to the same overt act, or on
confession in open court. No conviction of treason or attainder
shall work corruption of blood or forfeiture.
SEC. 6. The Supreme Court shall consist of a Chief-Justice and
two Associate Justices.
SEC. 7. The terms of the Supreme Court shall be held in the city
of Raleigh, as now, until otherwise provided by the General
Assembly.
SEC. 8. The Supreme Court shall have jurisdiction to review,
upon appeal, any decision of the courts below, upon any matter
of law or legal inference. And the jurisdiction of said Court
over "issues of fact" and "questions of fact" shall be the same
exercised by it before the adoption of the Constitution of one
thousand eight hundred and sixty-eight, and the Court shall have
the power to issue any remedial writs necessary to give it a
general supervision and control over the proceedings of the
inferior courts.
SEC. 9. The Supreme Court shall have original jurisdiction to
hear claims against the State, but its decisions shall be merely
recommendatory; no process in the nature of execution shall
issue thereon; they shall be reported to the next session of the
General Assembly for its action.
SEC. 10. The State shall be divided into nine judicial
districts, for each of which a Judge shall be chosen; and there
shall be held a Superior Court in each county at least twice in
each year, to continue for such time in each county as may be
prescribed by law. But the General Assembly may reduce or
increase the number of districts.
SEC. 11. Every Judge of the Superior Court shall reside in the
district for which he is elected. The Judges shall preside 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 the 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 be
unable to preside, the Governor may require any Judge to hold
one or more specified terms in said districts, in lieu of the
Judge assigned to hold the Courts of the said districts.
SEC. 12. The General Assembly shall have no grower to deprive
the Judicial Department of any power or jurisdiction which
rightfully pertains to it as a coordinate department of the
government; but the General Assembly shall allot and distribute
that portion of this power and jurisdiction, 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
proceeding 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.
SEC. 13. In all issues of fact, joined in any court, the parties
may waive the right to have the same determined by a jury; in
which case the finding of the Judge upon the facts shall have
the force and effect of a verdict by a jury.
SEC. 14. The General Assembly shall provide for the
establishment of Special Courts, for the trial of misdemeanors,
in cities and towns where the same may be necessary.
SEC. 15. The Clerk of the Supreme Court shall be appointed by
the Court, and shall hold his office for eight years.
SEC. 16. A Clerk of the Superior Court for each county shall be
elected by the qualifier voters thereof, at the time and in the
manner prescribed by law for the election of members of the
General Assembly.
SEC. 17. Clerks of the Superior Courts shall hold their offices
for four years.
SEC. 18. The General Assembly shall prescribe and regulate the
fees, salaries and emoluments of all officers provided for in
this Article; but the salaries of the Judges shall not be
diminished during their continuance in office.
SEC. 19. The laws of North Carolina, not repugnant to this
Constitution, or the Constitution and laws of the United States,
shall be in force until lawfully altered.
SEC. 20. Actions at law, and suits in equity, pending when this
Constitution shall go into effect, shall be transferred to the
courts having jurisdiction thereof, without prejudice by reason
of the change; and all such actions and suits commenced before,
and pending at the adoption by the General Assembly of the rules
of practice and procedure herein provided for, shall be heard
and determined according to the practice now in use, unless
otherwise provided for by said rules.
SEC. 21. The Justices of the Supreme Court shall be elected by
the qualified voters of the State, as is provided for the
election of members of the General Assembly. They shall hold
their offices for eight years. The Judges of the 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
elections, 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.
SEC. 22. The Superior Courts shall be, at all times, open for
the transaction of all business within their jurisdiction,
except the trial of issues of fact requiring a jury.
SEC. 23. A Solicitor shall be elected for each Judicial District
by the qualified voters thereof, as is prescribed for members of
the General Assembly, who shall hold office for the term of four
years, and prosecute on behalf of the State, in all criminal
actions in the Superior Courts, and advise the officers of
justice in his district.
SEC. 24. In each county a Sheriff and Coroner shall be elected
by the qualified voters thereof, as is prescribed for members of
the General Assembly, and shall hold their offices for two
years. In each township there shall be a Constable elected in
like manner by the voters thereof, who shall bold his office for
two years. When there is no Coroner in the county, the Clerk of
the Superior Court for the county may appoint one for special
cases. In case of a vacancy existing for any cause in any of
the offices created by this section, the Commissioners for the
county may appoint to such office for the unexpired term.
SEC. 25. All vacancies occurring in the offices provided for by
this Article of the 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.
SEC. 26. The officers elected at the first election held 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 Constitution by the
Congress of the United States.
SEC. 27. The several Justices of the Peace shall have
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 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 Justice of the Peace jurisdiction of other civil actions
wherein the value of the property in controversy does ? ? list? ?
exceed fifty dollars. When an issue of fact may 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 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. 28. When the office of Justice of the Peace shall 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. 29. In case the office of Clerk of a Superior Court for a
county shall become vacant otherwise than by the expiration 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. 30. In case the General Assembly shall establish other
courts inferior to the Supreme Court, the presiding officers 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. 31. Any Judge of the Supreme Court, or of the Superior
Courts, and the presiding officers of such courts 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 Assembly
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. 32. Any Clerk of the Supreme Court, or of the Superior
Courts, or of such courts inferior to the Supreme Court as may
be established by law, may be removed from office for mental or
physical inability: the Clerk of the Supreme 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
instituted 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
entitled to an appeal to the next term of the Superior Court,
and thence to the Supreme Court, as provided in other cases of appeals.
SEC. 33. The amendments made to the Constitution of North
Carolina by this Convention shall not have the effect to vacate
any office or term off 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.
ARTICLE V. REVENUE AND TAXATION.
SECTION l. The General Assembly shall levy a capitation tag on
every male inhabitant of the State over twenty-one 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 exempt from capitation
tax in special cases, on account of poverty 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 tax
shall be applied to the purposes of education and the support of
the poor, but in no one year shall more than twenty-five percent
thereof be appropriated to the latter purpose.
SEC. 3. Laws shall be passed taxing, by a uniform rule, all
moneys, credits, investments in bonds, stocks, joint-stock
companies, or otherwise; and, also, all real and personal
property, according to its true value in money. The General
Assembly may also tax trades, professions, franchises 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
General Assembly shall have no power to contract any new debt or
pecuniary obligation in behalf of the State, except to supply a
casual deficit, or for suppressing invasion or insurrection,
unless it shall in the same bill levy a special tag 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 unfinished 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
corporations shall be exempt from taxation. The General
Assembly may exempt cemeteries, and property held for
educational, scientific, literary, charitable or religions
purposes; also wearing apparel, arms for muster, household and
kitchen furniture, the mechanical and agricultural implements 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
taxes; 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 VI. SUFFRAGE AND ELIGIBILITY TO OFFICE.
SECTION 1. Every male person born in the United States, 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 elections, 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 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
citizenship in a man, nor prescribed by law.
SEC. 2. It shall be the duty of the General Assembly to provide,
from time to time, for the registration of all electors; and no
person shall be allowed to vote without registration, or to
register, without first taking an oath or affirmation 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 by ballot, and all
elections by the General Assembly shall be viva voce.
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) 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 disqualified
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 infamous crime, since
becoming citizens of the United States, or of corruption, or
malpractice in office, unless such person shall have been
legally restored to the rights of citizenship.
ARTICLE VII. MUNICIPAL CORPORATIONS.
SECTION 1. In each county, there shall be elected biennially by
the qualified voters thereof, as provided for the election of
members of the General Assembly, the following officers: a
Treasurer, Register of Deeds, Surveyor and five Commissioners.
SEC. 2. It shall be the duty of the Commissioners to exercise a
general supervision and control of the penal and charitable
institutions, schools, roads, bridges, levying of 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 came into convenient districts, to
determine the boundaries mud prescribe the name of the said
districts, and to report the same to the General Assembly before
the first day of January, one thousand eight hundred and sixty-
nine.
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 purposes 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 Trustees, and shall,
under the supervision of the County Commissioners, have control
of the taxes and finances, roads and bridges of the townships,
as may be prescribed by law. The General Assembly may provide
for the election of a larger number of the Justices of the Peace
in cities and towns, and in those townships in which cities and
towns are situated. 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 prescribed by law. The
Clerk shall be, ex officio, Treasurer of the township.
SEC. 7. No county, city, town or other municipal corporation
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.
SEC. 9. All taxes levied by any county, city, town, or township,
shall be uniform and ad valorem, upon all property in the same,
except property exempted by this Constitution.
SEC. 10. The county officers first elected under the provisions
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 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 to
municipal, corporations shall remain in force until legally
changed, unless inconsistent with the provisions of this
Constitution.
SEC. 13. No county, city, town or other municipal corporation
shall assume to pay, nor shall any tax be levied or collected
for the payment of any debt, or the interest upon any debt,
contracted directly or indirectly in aid or support of the
rebellion.
SEC. 14. The General Assembly shall have full power by statute
to modify, change, or abridge any and all of the 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 laws; but
shall not be created by special act, except for municipal
purposes, and in cases where, in the judgment of the
Legislature, the object of the corporations cannot be 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 corporation and other means, as
may be prescribed by law.
SEC. 3. The term corporation, as used in this Article, shall be
construed to include all association and joint-stock companies,
having any of the powers and privileges of corporations, 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 villages, and
to restrict their power of taxation, assessment, borrowing
money, contracting debts and loaning their credits, so as to
prevent abuses in assessment and in contracting debts by such
municipal corporations.
ARTICLE IX. EDUCATION.
SECTION 1. Religion, morality and knowledge being necessary to
good government and the happiness of mankind, schools and the
means of education shall forever be encouraged.
SEC. 2. The General Assembly, at the first session under 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 colored race shall be taught
in separate public schools; but there shall be no discrimination
in favor of, or to the prejudice of either race.
SEC. 3. Each county of the State shall be divided into a
convenient number of districts, in which one or more public
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.
SEC. 4. The proceeds of all lands that have been or hereafter
may be granted by the United States to this State, and 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 belonging to the State, and all
other grants, gifts or devises that have been or hereafter may
be made to the State, and not otherwise appropriated by the
State, or by the term of the grant, gift or devise, shall be
paid into the State treasury; and, together with so touch of the
ordinary revenue of the State as may be by law set apart for
that purpose, shall be faithfully appropriated for establishing
and maintaining 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, belonging
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 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
counties of this State: Provided, That 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 provide 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 management 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 State Board of Education.
SEC. 9. The Governor shall be President, and the Superintendent
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 Assembly, and when so altered
amended or repealed, they shall not be re-enacted by the Board.
SEC. 11. The first session of the Board of Education shall be
held at the capitol of the State, within fifteen days after the
organization of the State government under this Constitution;
the time of future meetings may be determined by the Board.
SEC. 12. A majority of the Board shall constitute a quorum for
the transaction of business.
SEC. 13. The contingent expenses of the Board shall be provided
by the General Assembly.
SEC. 14. As soon as practicable after the adoption of this
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 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 not less than sixteen months,
unless educated by other means.
ARTICLE X. HOMESTEAD AND EXEMPTIONS.
SECTION 1. The personal property of any resident of this 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 dwellings and buildings used
therewith, not exceeding in value one thousand dollars, to be
selected by the owner thereof, or in lieu thereof, at the option
of the owner, any lot in a city, town or village, with the
dwellings and buildings used thereon, owned and occupied by any
resident of this State, and not exceeding 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.
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
States acquired before marriages and all property, real and
personal, to which she may, after marriage, become in any manner
entitled, shall be and remain the sole and separate estate and
property of such female, and shall not be liable for any debts,
obligations or engagements of her husband, and may be devised
and bequeathed, and, with the written consent of her husband,
conveyed by her as if she was unmarried.
SEC. 7. The husband may insure his own life for the sole use and
benefit of his wife and children, and in the case of the death
of the husband, the amount thus insured shall be paid over to
his wife and children, or to the guardian, if under age, for her
or their own use, free from all the claims of the
representatives of her 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 homestead from
disposing of the same by deed; but no deed 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 XI. PUNISHMENTS, PENAL INSTITUTIONS AND PUBLIC CHARITIES.
SECTION 1. The following punishments only shall be 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 provisions for imprisonment with hard
labor shall be construed to authorize 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, manslaughter,
rape, attempt to commit rape, or arson: Provided, 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 satisfy
justice, but also to reform the offender, and thus prevent
crime, murder, arson, burglary, and rape, and these only, may be
punishable with death, if the General Assembly shall so enact.
SEC. 3. The General Assembly shall, at its first meeting, make
provision for the erection and conduct of a State's Prison or
Penitentiary, at some central and accessible point within the
State.
SEC. 4. The General Assembly may provide for the erection of
Houses of Correction, where vagrants and persons guilty of
misdemeanors shall be restrained and usefully employed.
SEC. 5. A House, or Houses of Refuge, may be established
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 roots or cell.
SEC. 7. Beneficent provisions for the poor, the unfortunate and
orphan being one of the first duties of a civilized and
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 annually
report to the Governor upon their condition, with suggestions
for their improvement.
SEC. 8. There shall also, as soon as practicable, be measures
devised by the State, for the establishment of one or more
Orphan Houses, where destitute orphans may be cared far,
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 Assembly may provide that the indigent deaf
mutes, blind and 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 Legislature,
and the Board of Public Charities, that all penal and charitable
institutions should be made as nearly self-supporting as is
consistent with the purposes of their creation.
ARTICLE XII. MILITIA.
SECTION 1. All able-bodied male citizens of the State of North
Carolina, between the ages of twenty-one and forty years, who
are citizens of the United States, shall be liable to duty in
the militia; Provided, That all persons who may be averse to
bearing arms, from religious scruples, shall be exempt therefrom.
SEC. 2. The General Assembly shall provide for the organization,
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 shall have
power to call out the militia to execute the law, suppress riots
or insurrections, and to repel invasion.
SEC. 4. The General Assembly shall have power to make 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 shall ever
be called by the General Assembly, unless by the concurrence of
two-thirds of all the members of each House of the General
Assembly, and except the proposition "Convention" 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 assemble on such a day as
may be prescribed by the General Assembly.
SEC. 2. No 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 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 became a part of the Constitution
of this State.
ARTICLE XIV. MISCELLANEOUS.
SECTION 1. All indictments which shall have been found, or may
hereafter be found, for any crime or offence committed before
this Constitution takes effect, may be proceeded 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 the 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 accurate
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 adequate
lien on the subject matter of their labor.
SEC. 5. In the absence of any contrary provision, all officers
of this State, whether heretofore elected or appointed 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 of this State shall remain at
the City of Raleigh.
SEC. 7. No person, who shall hold any office or place of 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 purposes.
SEC. 8. All marriages between a white person and a negro, or
between a white person and a person of negro descent to the
third generation inclusive, are hereby forever prohibited.
QUESTIONS ON THE CONSTITUTION OF NORTH CAROLINA,
PREPARED BY HON. KEMP P. BATTLE., LL. D.
PRESIDENT OF THE UNIVERSITY OF NORTH CAROLINA.
PRELIMINARY QUESTIONS.
1. When was the first Constitution of North Carolina adopted?
Answer--On December 18, 1776.
2. When was it first amended? Answer--In 1835.
3. When was it again amended? Answer--In 1854, 1861 and 1865.
4. When was a new Constitution adopted? Answer--In 1868.
5. Was there not a Constitution adopted in 1866? Answer--A new
Constitution was adopted in 1866 by the Convention of 1865-'66,
but the people voted it down.
6. Has the Constitution of 1868 been amended? Answer--Yes, it
was partially amended in 1874, and greatly amended by the
Convention of 1875. The people adopted these amendments in 1876-
-a hundred years after the adoption of the first Constitution.
7. Is there further amendment? Answer--Yes; in 1880
8. What is a Constitution? Answer--" The principles or
fundamental laws which govern a State." Another definition is:
"The body of rules and maxims in accordance with which the
powers of sovereignty are habitually exercised."
9. Is the Constitution of North Carolina the highest law?
Answer--No; the Constitution of the United States, and the laws
of the United States passed in pursuance thereto, are the
supreme law.
10. Is the Constitution of North Carolina higher than the Acts
passed by the General Assembly? Answer--Yes; acts contrary to
the Constitution are null and void.
11. Who decides whether acts are constitutional and binding or
not? Answer--The Courts.
12. Give a simple explanation of the Constitution of North
Carolina. Answer--It is a written document in which the people
of North Carolina have laid down their plan of government of the
State. It designates what officers are to make the laws, what
officers are to interpret the laws, and what officers are to
enforce the laws. It lays down laws for the guidance of these
officers. If any officer acts contrary to it he is liable to
punishment: It is the organic or fundamental law--the
foundation stone on which our State government rests. It guards
and enforces the liberties of the people. If officers are
allowed to disobey it, our liberties will be in danger. Hence
every citizen should understand it, so that he may watch the
officers and hold them to their duties.
13. Can it be changed? Answer--Yes; the people of the State can
change or amend it. The manner in which the people can change
it is prescribed in the Constitution itself, as will be seen
hereafter.
14. Can it be changed in any other way? Answer--Yes; if an
amendment to the Constitution of the United States, contrary to
any provision of the State Constitution, is made according to
law, the latter must yield.
PREAMBLE.
1. Who made the Constitution?
2. For what purpose was it made?
3. Is there recognition of God in it?
4. For what blessings is gratitude to God expressed?
ARTICLE I.
DECLARATION OF RIGHTS.
1. For what purpose is this declaration made?
2. What fundamental truths are declared? Section 1. * (NOTE--
Most of the language of this section is taken from the
Declaration of Independence).
3. In whom is political power vested? Section 2.
4. For what good is government instituted? Section 2.
5. Who has the right to regulate the State government? Section 3.
6. Under what circumstances can the people change the form of
government? Section 3.
7. Are the people under any restrictions in changing the form of
government? If so, what? Section 3.
8. Has the State the right to secede from the Union? Section 4.
9. Is the American Union a confederacy of States, or a nation of
the people of the States? Section 4.
10. Is this State bound to prevent other States from seceding
from the Union? Section 4.
11. Is our allegiance first due to the United States or to North
Carolina? Section 5.
12. Can the General Assembly or a Convention of the people
release us from our primary allegiance to the United States?
Section 5.
13. Can the State pay a debt incurred in rebellion against the
United States? Section 6.
14. Can such a debt be collected in our courts? Section 6.
15. Does this prohibition apply to past as well as future debts?
Section 6.
16. Can the State pay for emancipated slaves? Section 6.
17. What debts are forbidden to be paid or assumed in any way
unless by a vote of the people? Section 6.
18. What majority must be had to sanction such payment or
assumption? Section 6.
19. Is there no exception to this? Section 6.
20. Can this vote be taken at a special election? Section 6.
21. By what name are most of the bonds mentioned in the answer
to question 17 known? Answer--Special Tax bonds.
22. Was this prohibition in the Constitution of 1876? Answer--
No; it was inserted by amendment submitted to the people by the
General Assembly of 1879, and adopted by the people in 1880.
23. What provision in regard to exclusive emoluments and
privileges? Section 7.
24. What provision in regard to the legislative, executive and
judicial branches? Section 8.
25. Can the Governor or Judges suspend laws? Section 9.
26. Who can suspend laws? Section 9.
27. What provision about election? Section 10.
28. What rights has one who is charged with a crime? Section 11.
29. If acquitted, does he pay the costs of his own witnesses,
&c. ? Section 11.
30. What modes of prosecution are prescribed? Section 12.
31. By whom must conviction be made? Section 13.
32. Where must the verdict be rendered? Section 13.
33. What right has the Legislature in regard to petty
misdemeanors? Section 14.
34. Can those accused of petty misdemeanors be utterly deprived
of right of trial by jury? Section 13. Answer--No; they must
have right of appeal and thus getting a jury.
35. What provision about bail? About fines and punishment?
Section 14.
36. What are "general warrants"? Section 15.
37. Are they allowed? If not, why not? Section 15.
38. What provision about imprisonment for debt? Section 16.
39. Repeat the section guarding the life, liberty and property
of citizens. Section 17.
40. From what great historical document is this section taken?
Answer--From Magna Charta--wrested from King John, A. D. 1215.
41. What rights has one restrained of his liberty? Section 18.
42. Should he have a speedy trial? Section 18.
43. In law suits about property, what kind of a trial is
declared best? Section 19.
44. What is said about trial by jury in controversies about
property? Section 19.
45. What is declared about freedom of the press? Section 20.
46. Can the press be lawfully used for libelous and immoral
publications? Section 20.
47. What provision about the writ of Habeas Corpus? Section 21.
48. What do you mean by the "privileges of the writ of Habeas
Corpus"? Answer--The right of one restrained of his liberty to
be brought before a Judge in order that the cause of
imprisonment may be inquired into and be dealt with according to
law.
49. Must a man own property in order to vote or hold office?
Section 22.
50. Why not? Section 22.
51. What safeguard against improper taxation? Section 23.
52. Did the people claim this when we achieved our independence
of Great Britain? Answer--Yes; the denial of this right was one
of the chief causes of the Revolutionary war.
53. Is the right to bear arms secured? Section 24.
54. What reason is given why the people should have this right?
Section 24.
55. Are standing armies allowed? Section 24.
56. Why should they not be allowed? Section 24.
57. Which should be superior, the civil or military power? Section 24.
58. Can the practice of carrying concealed weapons be
prohibited, and how? Section 24.
59. For what purposes may the people assemble together?
Section 25.
60. What is said of secret societies? Section 25.
61. What provision securing religions liberty? Section 26.
62. What provision about education? Section 27.
63. Why should elections be often held? Section 28.
64. What is necessary to preserve the blessings of liberty?
Section 29.
65. What provision in regard to hereditary privileges, &c. ?
Section 30
66. About perpetuities and monopolies. Section 31.
(See Article II section 15).
67. What are ex-post facto laws? Section 32.
68. Are they proper? Section 32.
69. What retrospective laws are forbidden? Section 32.
70. Are all slavery and involuntary servitude abolished?
Section 33.
71. What not abolished? Section 33.
72. What provision about the State boundaries? Section 34.
73. What provision about the courts? Section 35 and section 17.
74. What redress for injuries? Section 35 and section 17.
75. How shall justice be administered? * Section 35.
*Note--These words are from Magna Charta.
76. How are householders protected from quartering of soldiers?
Section 36.
77. Does the Declaration of Rights enumerate all the rights
possessed by the people? Section 37.
78. Who have the powers not delegated in the Constitution?
Section 37.
ARTICLE II.
LEGISLATIVE DEPARTMENT.
1. How is the legislative authority vested? Section 1.
2. When these two bodies meet according to law what is their
joint name? Section 2.
3. When is their regular meeting? Section 2.
4. How many members required in order to proceed to public
business? Section 2.
5. What name is given to this majority? Answer--Quorum.
6. How many Senators? Section 3.
7. How chosen? Section 3.
8. How often chosen? Section 3.
9. How are the Senate districts formed? Section 4.
10. Who are excluded from the count? Section 4.
11. When can a county be divided in forming a Senatorial
district? Section 4.
12. How are the members of the House of Representatives chosen?
Section 5.
13. What is the rule as to counties not having a hundred-and-
twentieth part of the population? Section 5.
14. How is the apportionment of Representatives made? Section 6.
15. What are the qualifications of a Senator? Section 7.
16. What of members of the House? Section 8.
17. How does the General Assembly elect officers? Section 9;
and Article VI, section 3.
18. How do the people vote for Senators and members of the
House? Sections 3 and 5; and Article VI, section 3.
19. What is the provision about divorce and alimony? Section 10.
20. What legislation is prohibited to the General Assembly?
Section 11. (See Article V, section 1).
21. How can the General Assembly pass private laws other than
those mentioned in sections 10 and 11? Section 12.
22. How are vacancies in the General Assembly filled? Section 13.
23. What laws must be read three times in each House, on three
separate days? Section 14. (See Article V, section 6).
24. Must the names of the members voting be entered on the
journal when these laws are passed? Section 14.
25. How must entails be regulated? Section 15. (See Article J, section 31).
26. What must be done with the journals of each House? Section 16.
27. When can a member have the reasons of his dissent entered on
the journal? Section 17.
28. Who chooses the Speaker and other officers of the House of
Representatives? Section 18.
29. Who presides in the Senate ordinarily? Section 16.
30. When has the Lieutenant-Governor the right to vote? Section 19.
31, What power has the Senate, independent of the House of
Representatives? Sections 20 and 22. (See Article IV, section 3).
32. When does the Senate choose a Speaker? Section 20.
In Article II, section 12, he is called President.
33, What is the style of the acts of Assembly? Section 21.
34. What powers has each House by itself? Section 22.
35. Can one House by itself adjourn to any future day, or other
place? Section 22.
36. How often must bills be read before becoming laws?
Section 23.
37. What else must be read three times? Section 23.
38. Who signs these bills and resolutions? Section 23. They
must be signed in the presence of the Houses.
39. What are bills called after such signatures? Sections 21 and 23.
40. What oath or affirmation must each member take? Section 23.
41. When must be take this oath or affirmation? Section 24.
42. When do the terms of office begin? Section 25.
43. When must the names of the members be entered on the
journal? Sections 14 and 21.
44. What is this proceeding termed? Answer--"Calling the yeas
and nays."
45. What time is designated in the Constitution for holding the
election of members? Section 27.
46. Can the General Assembly change this? Section 27.
47. Has the change been made? Answer--Yes; to the first Tuesday
after the first Monday in November.
48. What authority determines the places of voting? Section 27.
49. What compensation do members receive, and how long?
Section 28.
50. What mileage? Section 28.
51. What do the presiding officers receive? Section 28.
52. What provision about compensation during extra session?
Section 28.
ARTICLE III.
EXECUTIVE DEPARTMENT.
1. In whom is the supreme executive power? Section 1.
2. Who constitute the Executive Department? Section 1.
3. Who chooses these officers? Section 1.
4. How long do they serve? Section 1.
5. At what times and places are the elections held? Section 1.
6. When does their term of office begin? Section 1.
7. How long do they serve? Section 1.
8. What are the qualifications for the offices of Governor and
Lieutenant-Governor? Section 2.
9. Can they ever serve two terms in succession? Section 2.
10. To whom are all the returns of election sent? Section 3.
11. To what post-office? Section 3.
12. Before whom are they opened and published? Section 3.
13. Who must be declared elected? Section 3.
14. What is done in case of a tie? Section 3.
15. In such case how do the Houses vote? Section 3.
16. What must be done about contested elections? Section ? ?
17. What oath does the Governor take? Section 4.
18. Before whom taken? Section 4.
19. Where must the Governor reside? Section 5.
20. What duties has he to perform in regard to the General
Assembly? Section 5.
21. In what case can the Governor grant pardons, &c. ?
Section 6.
22. Can he pardon before the offender is convicted? Section 6.
23. Can he pardon one impeached? Section 6.
24. What is the Governor's duty in regard to pardons, &c., after
granted? Section 6.
25. What officers report to the Governor? Section 7.
26. What is done with these reports? Section 7.
27. Supposing the Governor desires information regarding the
duties of officers of the Executive Department, what can he
require? Section 7.
28. What is the greatest duty of the Governor? Section 7.
29. Who is commander-in-chief of the militia? Section 8.
30. Can the militia ever pass out of his authority? Section 8.
31. Under what circumstances can an extra session of the General
Assembly be called? Section 9
32. Who nominates officers not otherwise provided for in the
Constitution? Section 10.
33. To what body are the nominations sent? Section 10.
34. Can the Senate reject the nominations. Section 10.
35. What duty has the Lieutenant-Governor in regard to the
Senate? Section 11; and Article II, section 19.
36. Is he a Senator? Answer--No.
37. What is his compensation? Section 11; and Article II,
section 28.
38. Under what circumstances does the Lieutenant-Governor assume
the powers, &c., of the Governor? Section 12.
39. What is done when the Lieutenant-Governor cannot preside in
the Senate? Section 12.
40. Who succeeds the Lieutenant-Governor, and under what
circumstances? Section 12.
41. What is done if the Lieutenant-Governor loses the office of
Governor during the recess of the General Assembly? Section 12.
42. Who prescribes the duties of the officers of the Executive
Department? Section 13.
43. What is done in case of a vacancy? Section 13.
44. How long does the officer so appointed hold his office?
Section 13.
45. Who constitute the Council of State? Section 14.
46. What is done with their proceedings? Section 14.
47. Who is the legal adviser of the Executive Department?
Section 14.
48. Who establishes the compensation of these officers?
Section 15.
49. How is their independence secured? Section 15.
50. What is the seal of the State called? Section 16.
51. Who has charge of it? Section 16.
52. In what name are grants of lands, &c., issued, and how are
they authenticated? Section 16.
53. In what manner are commissions to officers, &c.,
authenticated? Section 16.
54. What department besides those heretofore named must be
established by the General Assembly? Section 17.
55. What laws must be enacted? Section 17.
ARTICLE IV.
JUDICIAL DEPARTMENT.
1. What is done in regard to distinctions between actions at law
and suits in equity? Section 1.
2. Do the old forms of actions and suits remain? Section 1.
3. What is the name of the form of actions in use? Section 1.
4. What is the name of the actions prosecuted by the State for a
public offence? Section 1.
5. What is done with feigned issues? Section 1.
6. How is the fact at issue tried? Section 1.
7. In what courts is the judicial power vested? Section 2.
8. Can the General Assembly establish any courts? Section 2.
9. What is the court for trial of impeachments? Section 3.
10. How many Senators must be present? Section 3.
11. Who presides when the Governor is impeached? Section 4.
12. What sentence can the Senate inflict? Section 3.
13. Does the impeachment for a crime indictable in the courts
prevent prosecution in the courts? Section 3.
14. Can a less number than thirty-four Senators convict on
impeachment? Section 4.
15. What is the least number which can possibly convict? Answer-
-Two-thirds of a bare quorum--eighteen Senators.
16. What is treason against the State? Section 5.
17. In what modes can traitors be convicted? Section 5.
18. Can the punishment be made to extend to forfeiture of land
or goods? Section 5.
19. Can it extend to corruption of blood? Section 5.
20. What officers constitute the Supreme Court? Section 6.
21. Are they called Judges? Section 6, but see sections 18 and 31.
22. Where are the terms of the Supreme Court held? Section 7.
23. What is the jurisdiction of this Court on appeals? Section 8.
24. What jurisdiction over issues and questions of fact?
Section 8.
25. Over what courts has it control? Section 8.
26. What writs may it issue to effectuate this control? Section 8.
27. What are some of these writs called?
Answer--Mundamus, Procedendo, Certiorari, Recordari, &c.
28. What original jurisdiction has the Supreme Court? Section 9.
29. Can the Court issue execution against the State? Section 9.
30. What is done with the decisions of the Court in such cases?
Section 9.
31. Is the General Assembly bound to carry out the decision of
the Court? Section 9; and Article I, section 8.
32. Into how many districts is the State divided by the
Constitution? Section 10.
33. What chief town or towns in First District?
Answer--Elizabeth City, Edenton.
In Second District? Raleigh, New Bern.
In Third District? Wilmington, Goldsboro.
In Fourth District? Fayetteville.
In Fifth District? Greensboro, Durham.
In Sixth District? Charlotte, Monroe.
In Seventh District? Winston, Salisbury.
In Eighth District? Statesville, Morganton.
In Ninth District? Asheville.
34. Can the General Assembly change the number of districts?
Section 10.
35. How often in each county must the Superior Court be held?
Section 10.
36. Where shall be the residence of the Judge? Section 11.
37. Do the Judges preside always in the same district?
Section 11.
38. How often can a Judge preside in the same district?
Section 1
39. Is there any exception to this? Section 11.
40. Can the General Assembly deprive the Judicial Department of its
rightful powers, &c ? Section 12; and Article I, section 8.
41. What is allowable for the General Assembly to do ? Section 12.
42. Does this power extend to the Supreme Court? Section 12.
43. Can the General Assembly regulate appeals? Section 12.
44. What power has the General Assembly in regard to methods of
proceedings ? Section 12.
45. Are parties in a law suit bound to submit issues of fact to
the jury. Section 13.
46. What effect has the finding of the Judge in such case upon
the facts? Section 13.
47. What duty has the General Assembly in regard to courts for
citie and towns? Section 14.
48. Can these courts be allowed to try capital cases and other
felonies Section 14.
49. Who appoints the Clerk of the Supreme Court? Section 15. 50.
What is his term of office? Section 16.
51. How is the Clerk of a Superior Court appointed? Section 16.
52. When is the election ? Section 16.
53. What is the term of office? Section 17.
54. Who prescribes the salaries, fees, &c., of Judges, Clerks, &e.
Section 18.
55. How is the independence of the Judges secured ? Section 18.
56. What laws of North Carolina are in force? Section 19.
57. Where may these laws be found ?
Answer. -Same may be found in the acts of Assembly, State Codes, &c.
but besides these we have the "Common Law," inherited from our
ancestors, not found in any statute book.
58. Where are the principles of this " Common Law'" to be looked
for Answer. -In the reports of judicial decisions, writings of
eminent lawyers, &c.
59. Who can alter these laws? Article II, section 1.
60. What was done with actions and suits pending when the
Constitution went into effect ? Section 20.
61. How were these old suits to be-heard and determined ?
Section 20
62. Who appoints the Justices of the Supreme Court? Section 21.
63. When does the voting take place? Section 21.
64. What is the term of office ? Section 21.
65. How are Judges of the Superior Courts elected ? Section 21.
66. What is their term of office? Section 21.
67. Are they necessarily elected by all the voters of the State?
Section 21.
68. When are the Superior Courts open ? Section 22.
69. Is there exception to this? Section 22.
70. Who elects the Solicitors of the Judicial Districts? Section 23.
71. What is their term of office? Section 23.
72. What are their duties? Section 23.
73. Can a Justice of the Peace call on the Solicitor for legal advice?
Section 23.
74. How are Sheriffs and Coroners chosen ? Section 24.
75. What is the term of office? Section 24.
76. Who elects Constables? Section 24.
77. What are their terms of office? Section. 24.
78. Suppose there is no Coroner and one is needed. what is done?
Section 24.
79. Who may fill vacancies in the offices of Sheriff, Coroner and
Constable? Section 24.
80. Who fills vacancies in offices created under this Article not
specially provided for? Section 25.
81. How long do Judges, &c., so appointed, hold office? Section 25.
82. Suppose no election is held for such offices? Section 25.
83. Suppose those elected refuse to qualify? Section 25.
84. Suppose successors do not qualify? Section 25.
85. Is section 26 obsolete?
86. What jurisdiction have Justices of the Peace over civil actions?
Section 27.
87. Suppose the title to land is in question? Section 27.
88. Suppose the action is not founded on contract, where is it to be
tried? Section 27.
89. Of what criminal matters have they jurisdiction ? Section 27.
90. Who has power to regulate the fines and imprisonments?
Answer. -The General Assembly.
91. Can the General Assembly give jurisdiction to Justices of the Peace
over any other matters whatever? Section 27.
92. Suppose an issue of fact is joined before a justice, can he
decide it? Section 27.
93. Suppose either party demands a jury? Section 27.
94. Is not this provision for a jury of six violating Article I,
section 19? Answer---No; right of appeal is allowed.
Section 27.
95. Is appeal allowed in criminal cases also? Section 27.
96. Must the Justice write down the proceedings? Section 27.
97. What must he do with the record? Section 27.
98. Who fills vacancies in the office of Justice of the Peace?
Section 28.
99. Who fills vacancies in the office of the Superior Court
Clerk? Section 29.
100. Supposing the General Assembly to establish other courts,
who chooses the Judges and other officers? Section 30.
101. What is their term of office? Section 30.
102. For what may Judges be removed? Section 31.
103. What vote is necessary? Section 31.
104. What notice must be given? Section 31.
105. Supposing two-thirds of one House, and a majority not two-
thirds of the other House, vote for removal, what is the result?
Section 31.
106. For what can Clerks of Courts be removed? Section 31.
107. Who have the power of removal? Section 31.
108. What notice must Clerks have of proceedings against them?
Section 31.
109. Can the Clerks of the Courts inferior to the Supreme Court
appeal? Section 32.
110. Is section 33 obsolete?
ARTICLE V.
REVENUES AND TAXATION.
1. What is another name for "capitation tax"? Answer--"Poll tax."
2. Is the General Assembly bound to levy such tax? Section 1.
3. On whom must it be levied? Section 1.
4. To what amount must it be equal? Section 1.
5. What is the maximum capitation tax under this section? Section 1.
6. What is the maximum property tax? Answer--Sixty-six and two-
thirds cents on the one hundred dollars valuation.
7. What is the object of the "equation of taxes"? Answer--To
protect property from excessive taxation by those owning no
property, and vice versa.
8. Who can exempt from capitation tax, and for what reason?
Section 1.
9. To what purpose must the capitation tax be applied?
Section 2.
10. What is the maximum amount which can be applied to the
support of the poor? Section 2.
11. How must property be taxed? Section 3.
12. What has the General Assembly power to tax without being
compelled to do so? Section 3.
13. Can the income of a farmer from his lands be taxed? Section 3.
14. What provisions in regard to contracting new debts? Section 4.
15. Is the special tax to be levied when the bonds of the State
are at par? Section 4.
16. Supposing the bonds are not at par, in what cases are the
special taxes not required? Section 4.
17. What is necessary before the General Assembly can give or
lend the credit of the State to individuals or corporations?
Section 4.
18. What exception to the general rule? Section 4.
19. Does it require a majority of all the qualified voters to
sanction such loan? Section 4.
20. Can the General Assembly take stock in a corporation and pay
for the same by bonds of the State accepted at par? Section 4.
(The Supreme Court says they cannot).
21. What property the General Assembly cannot tax? Section 5.
22. What property does the General Assembly have power to exempt
to an unlimited extent? Section 5.
23. What property to a limited amount only? Section 5.
24. What is the limit? Section 5.
25. In what mode are county taxes to be levied? Section 5.
26. What is the limit of county taxation, for general purposes?
Section 6
27. Supposing the county desires to exceed this limit for a
special purpose? Section 6.
28. What must be observed in levying tax acts, i.e.,
"Revenue Acts"? Section 7.
29. Can tax money raised for one purpose be used for another?
Section 7.
ARTICLE VI.
SUFFRAGE AND ELIGIBILITY TO OFFICE.
1. State the qualifications of an elector, i.e., a voter. Section 1.
2. What exception to this rule? Section 1.
3. Does the mere commission of an infamous crime disqualify?
Section 1.
4. What authority lays down the rule for restoration to rights
of citizenship? Section 1.
5. What step is requisite preliminary to voting? Section 2.
6. What oath is necessary to registration? Section 2.
7. What authority provides rules for registration? Section 2.
8. How do the people vote? Section 3.
9. How do members of the General Assembly vote in elections of
officers? Section 3; and Article II, section 9.
10. What is the general rule as to qualifications for holding
office? Section 4.
11. What oath does the officer take? Section 4.
12. What persons are disqualified? Section 4.
13. Does mere disbelief in an Almighty God disqualify, if such
disbelief be not expressed? Answer--No; the word "deny" is held
to mean assertion of disbelief by word, writing or otherwise.
(See Article I, section 26)
ARTICLE VII.
MUNICIPAL CORPORATIONS.
[Note--By authority conferred in section 14 of this Article the
General Assembly has materially changed its provisions (Laws of
1876-'77, chapter 141). The attention of the pupil will be
called to the most important of these changes.]
1. What county officers are to be elected? Section 1.
By act of 1876-'77, chapter 141, section 5, the Justices of the Peace
elect three, four or five County Commissioners. The Justices
may abolish the office of County Treasurer, and then the Sheriff
takes his place.
2. How often and when does the election take place? Section 1.
3. What are the duties of the County Commissioners by the
Constitution? Section 2.
4. How is this changed by act of 1876-'77: chapter 141?
Answer--By this act, section 5, the Commissioners cannot levy taxes,
purchase land, remove or designate new sites for county
buildings, contract or repair bridges, if the cost may be over
$500, or borrow money, or alter, or make additional townships,
without the concurrence of a majority of the Justices of the
Peace sitting with them. Moreover, by the same act the Board of
County Commissioners have the powers of the Township Trustees.
Section 6.
5. Who is Clerk of the Board of Commissioners? Section 2.
6. What duty, did the Commissioners of 1868 have? Section 3.
7. What is the name of the districts so formed? Section 4.
8. What powers did they have, and for what purpose? Section 4.
By act of 1876-'77, chapter 141, section 3, these powers are to
be under supervision of the Board of County Commissioners; and
the said Board can alter boundaries of said townships and create
additional ones.
9. Who constituted the Board of Trustees of the Township by the
Constitution, and by whom and when were they to be chosen?
Section 5.
10. How is this by act of 1876-'77, chapter 141?
Answer--By act of 1876-'77, chapter 141, the General Assembly
appoints three Justices for each township, who are divided in
three classes and hold their offices for two, four and six
years, but the successors of each class, as its term expires,
hold office for six years. For each township in which any city
or incorporated town was situated, one Justice of the Peace is
appointed by the General Assembly, and one for each one thousand
inhabitants of the city or town. When new townships are
created, the General Assembly, not being in session, the
Governor appoints until the next meeting of the Assembly.
11. What other officers were to be elected in the townships? Section 5.
12. How has section 6 been changed?
Answer--The Board of Commissioners appoint one Justice of the
Peace, or other suitable person, in each township, to list lands
and personal property therein. Laws of 1881, chapter 117,
section 1. The tax list is revised by the Board of County
Commissioners. Same; section 18.
13. What is necessary to enable a county or other municipal
corporation to contract debts, pledge its faith, or loan its
credit? Section 7.
14. What is necessary in order to levy and collect taxes more
than for necessary expenses? Section 7.
15. Will a majority of those actually voting be always sufficient? Section 7.
16. What is necessary to enable money to be drawn from county or
township treasuries? Section 8.
17. What is the rule of taxation in county and other municipal
corporations? Section 9; and Article V, section 6.
18. What exemptions are required? Section 9, and Article V, section 5.
19. What exemptions are allowed, and to what extent? Section 9;
and Article V, section 5.
20. Is section 10 obsolete?
21. Is section 11 obsolete?
22. Did all charters, &c., relating to municipal corporations,
become of no effect on the adoption of this Article? Section 12.
23. What debts are counties, &c., forbidden to pay, or levy
taxes for? Section 13.
24. What provision of this Article can the General Assembly
change or abrogate? Section 14.
25. What is section 7?
26. What is section 9?
27. What is section 13?
[NOTE--By Act of 1881, Chapter 200, "County Superintendents of
Public Instruction" are to be elected by the County Board of
Education and County Board of Magistrates in joint session. The
County Commissioners constitute the County Board of Education.
Same; section 15.]
28. Suppose the General Assembly should attempt to change either
of these sections? Answer--It would be the duty of the Courts
to decide their action invalid.
ARTICLE VIII.
CORPORATIONS OTHER THAN MUNICIPAL.
1. In what way may corporations be formed? Section 1.
2. In what case may they be created by special act? Section l.
3. Can charters of corporations granted under this section be
amended or repealed? Section 1.
4. How shall debts of corporations be secured? Section 1.
5. What authority has the right to prescribe rules for so
securing corporation dues? Section 2.
6. What is the meaning of the term "corporation" as used in this
Article? Section 3.
7. Can corporations sue and be sued like natural persons? Section 3.
8. On whom is the duty of organizing cities, towns and
incorporated villages? Section 4.
9. What powers should the General Assembly restrict? Section 4.
10. For what purpose are these restrictions? Section 4.
ARTICLE IX.
EDUCATION.
1. Why should schools, &c., be encouraged? Section 1.
2. What is the duty of the General Assembly in regard to public
schools? Section 2.
3. How must they provide such schools? Section 2.
4. What are the school ages? Section 2.
5. What charge shall be made for tuition? Section 2.
6. Are "mixed schools" allowed? Section 2.
7. Is it lawful to have the schools for one race superior to
those of the other? Section 2.
8. How shall the counties he divided for school purposes?
Section 3.
9. How long must the schools be maintained? Section 3.
10. What punishment do the Commissioners incur by failing to
comply with this? Section 3.
11. What funds are set apart for support of the schools? Section 4.
12. Can these funds be used for any other purpose? Section 4.
13. What officer has charge of these funds? Section 4.
14. What funds do the counties have charge of for school
purposes? Section 5.
15. How is the Superintendent of Public Instruction to know
about these county funds? Section 5.
16. Who provides for the election of Trustees of the University?
Section 6.
17. What is vested in these Trustees? Section 6.
18. Who has power to provide for the maintenance and management
of the University? Section 6.
19. What is the duty of the General Assembly in regard to
education at the University? Section 7.
20. What is their duty in regard to escheats, unclaimed
dividends and distributive shares? Section 7.
21. Who constitute the State Board of Education? Section 8.
22. Who are its officers? Section 9.
23. To what does the Board of Education succeed? Section 10.
24. What power of legislation has the Board? Section 10.
25. Is such legislation final? Section 10.
26. Who fixes the times of meeting of the Board? Section 11.
27. How many necessary for the transaction of business? Section 12.
28. Who provides for the contingent expenses of the Board? Section 13.
29. What departments in connection with the University must the
General Assembly establish? Section 14.
30. Can the General Assembly enact "compulsory education"?
Section 15.
31. Over what ages would this compulsory education extend? Section 15.
32. For what length of time? Section 15.
ARTICLE X.
HOMESTEADS AND EXEMPTIONS.
1. How much personal property is exempted from execution?
Section 1.
2. Who chooses this property? Section 1.
3. Is it exempt from execution only? Section 1.
4. What land is exempt, and of what value? Section 2.
5. Who selects the homestead? Section 2.
6. Can a lot in a city, &c., be set apart? Section 2.
7. Is the homestead liable for taxes? Section 2.
8. Is it liable for any other debt besides taxes? Section 2.
9. After death of the owner is the homestead exempt any longer?
Section 2.
10. If work is done on a homestead, is such homestead exempt
from the mechanic's or laborer's lien? Section 4.
11. Supposing the owner dies leaving a widow, but no children--
from what is the homestead exempt, and how long? Section 5.
12. What privileges does the widow enjoy, and how long? Section 5.
13. Is every widow entitled to such privileges? Section 5.
14. What becomes of the property of a woman marrying? Section 6.
15. Suppose she acquires property after marriage, does she or
her husband own it? Section 6.
16. What kind of property so belongs to the wife? Section 6.
17. Cannot such property be made to pay the husband's debts? Section 5.
18. Can she give her property away by will? Section 6.
19. Is her husband's assent necessary to the validity of her will? Section 6.
20. Can she sell or give away her property before her death? Section 6.
21. Is her husband's assent necessary to such sale, &c. ? Section 6.
22. Can her husband signify such assent "by word of mouth"? Section 6.
23. Can the husband insure his life for the benefit of his wife
and children and pay for the policy out of his own money, rather
than pay his creditors? Section 7.
24. What is done with the money when he dies? Section 7.
26. Can the owner of the homestead sell it? Section 8.
26. What is necessary to the validity of the deed? Section 8.
27. Suppose he is not married. Section 8.
ARTICLE XI.
PUNISHMENTS, PENAL INSTITUTIONS AND PUBLIC CHARITIES.
1. What are the punishments lawful in North Carolina? Section 1.
2. Can convicts be made to labor on public works, &c. ? Section 1.
3. Can convicts be hired (or farmed) out to individuals or
corporations? Section 1.
4. Can all convicts be farmed out? Section 1.
5. What authority prescribes the rules in regard to farming out
convicts? Section 1.
6. What convicts cannot be farmed out? Section 1.
7. Can those hiring convicts punish them as they please? Section 1.
8. For what can they be punished by the proper officer? Section 1.
9. Under whose supervision, &c., are these convicts? Section 1.
10. Can the General Assembly abolish capital punishment? Section 2.
11. For what offences can the punishment of death be inflicted?
Section 2.
12. What are the objects of punishment? Section 2.
13. What is the duty of the General Assembly in regard to a
penitentiary? Section 3.
14. For what may houses of correction be provided? Section 4.
15. For what may houses of refuge be established? Section 5.
16. How must the structure and superintendence of penal
institutions, &c., be arranged? Section 6.
17. What provision in regard to male and female prisoners? Section 6.
18. What is one of the first duties of a civilized State? Section 7.
19. What must the General Assembly do to carry out this duty? Section 7.
20. What are the duties of this Board? Section 7.
21. What must the General Assembly do for destitute orphans? Section 8.
22. What must the General Assembly do in regard to idiots? Section 9.
23. Can idiots be educated? Answer--Yes; they can be taught
many things of value to them and to others.
24. What other unfortunates are classed with idiots? Section 9.
25. What classes may be provided for at the expense of the
State? Section 10.
26. Has this section been changed since 1876?
Answer--By amendment to the Constitution, adopted in 1880, the
word "may" was substituted for the word "must" in this section.
27. Should the penal and charitable institutions be made self-
supporting? Section 11.
ARTICLE XII.
MILITIA.
1. Who is liable to militia duty? Section 1.
2. Who are exempt? Section 1.
3. What duties has the General Assembly in regard to militia? Section 2.
4. Who is Commander-in-Chief of the militia? . Section 3; and
Article III, section 8.
5. For what may he call them out? Section 3; and see Article III, section 7.
6. What authority can make exemptions from militia duty? Section 4.
7. What other duty has the General Assembly in regard to the militia? Section 4.
ARTICLE XIII.
AMENDMENTS.
1. In what manner must a convention of the people be called?
Section 1.
2. What is the number of votes necessary in the Senate? Answer--
Two-thirds of fifty--thirty-four at the least.
3. What number in the House of Representatives? Answer--Two-
thirds of one hundred and twenty-eighty votes at the least.
4. What authority directs the manner of submission to the
people? Section 1.
5. What authority prescribes the day of meeting? Section 1.
6. Can a convention so called to alter the Constitution? Answer-
-Yes; it can amend the Constitution or make a new one.
7. What is a "restricted convention"? Answer--One in which the
General Assembly provides that the members shall confine their
action to certain specified matters, or shall refrain from
making changes in certain particulars. Some have doubted the
power of the General Assembly to bind the members in this way,
but it has been done several times in this State.
8. Can the Constitution be altered without calling a Convention?
Section 2.
9. By what vote must the proposed change pass the General
Assembly? Section 2.
10. Does this mean three-fifths of all the members of each
House? Section 2.
11. What is the least vote by which it could pass in the Senate?
Answer--Three-fifths of twenty-six--sixteen votes.
12. What is the least in the House of Representatives? Answer--
Three-fifths of sixty-one--thirty-seven votes.
13. What must then be done with the proposed amendment? Section 2.
14. Does it require a majority of all the qualified voters to
pass it? Section 2.
15. Which is the most, two-thirds or three-fifths?
ARTICLE XIV.
MISCELLANEOUS.
1. Supposing indictments to be pending at the adoption of the
Constitution, what is the rule in regard to their punishments?
Section 1.
2. What is the rule in regard to dueling? Section 1.
3. Is the challenger disqualified if the other party declines to
fight? Section 2.
4. Is the challenged party, who accepts the challenge,
disqualified if no fight occurs? Section 2.
5. Is the person who carries the challenge disqualified if no
fight occurs? Section 2.
6. Is it any offence against the laws of North Carolina for its
citizens to fight in another State?
Answer: No; but it is an offence to agree to go out of the State
for the purpose of fighting.
7. What is necessary to enable money to be drawn from the Treasury
of the State? Section 3. (See Article V, section 7).
8. What must be done with the account of receipts and expenditures?
Section 3.
9. What protection to mechanics and laborers must be given?
Section 4; and Article X, section 4.
10. What is the general provision in regard to terms of office?
Section 5.
11. Where shall be the seat of government? Section 6.
12. What is the rule in regard to double office? Section 7.
13. What exception to the general rule? Section 7.
14. What marriages are prohibited? Section 8.
16. What proportion of negro blood comes within the prohibition?
Section 8. Answer--One-eighth negro blood (octoroon) will prohibit.