all have no vote unless it may be equally divided.
iy-fi Sec. 20. The Senate shall choose its other officers and also
â– iitro tempore) in the absence of the Lieutenanl Governor, oi svlioi
"1. oj (all exercise the office of Governor.

Sec. 21. The style of the acts shall be: "The General ^sseml
I'ta orth Carolina do enact."
li Sec. 22. Each House shall be judge of the qualifications and eleetii

its own members, shall sit upon its own adjournment from daj to
•o ly. prepare bills to be passed into laws; and the two Houses i
â–  11 intly adjourn to any future day or other place.

Sec. 23. All bills and resolutions of a legislative nature shall be i
. â– ."! tree limes in each House, before they pass into laws; and -
' .ra ened by the presiding officer of both Houses.

Sec. 24. Each member of the General Assembly, bi
pi at. shall take an oath or affirmation that he will support
son and laws of the United States, and the Constitution of tin
-hip ai orth Carolina, and will faithfully discharge his duty as a mi
•sgl e Senate or House of Representatives.

Pec. 25. The terms of office for Senator and members of the I:
. nnll epresentatives shall commence at the time of their election,
pa Sec. 26. Upon motion made and seconded in either house by one
the members present, the yeas and nays upon any question
Jken and entered upon the journals.

4 Sec. 27. The election for members of the General Assembly
Md for the respective districts and counties, a1 the pla
e now held, or may be directed hereafter to be held, in such
lay be prescribed by law, on the first Thursday in August, in I
irfie thousand eight hundred and seventy, and every two yea

>t*it the General Assembly may change the tin I holding the

Sec. 28. The members of the General Assembly for the term 1
iev have been elected shall receive as a compensation for then



nil



VI



11)0

the sum of four dollars per day for each day of their session, for
period not exceeding sixty days; and should they remain longer in se i
-i' ii. ilir\ shall serve vvithoul compi asation. They shall also be entitle J -
in receive ten cents per mile, both while coming to the seal of gover:

men1 and while returning ho the said distance to be computed by tl I

nearest line or route of public travel. The compensation of the presidir |
officers of the two Houses shall be six dollars per day and mileag
Should an extra sessi< n of the General Assembly be called, the membei
and presiding officers shall receive a Like rate of compensation for
period no1 exceeding twenty days.

ARTICLE III.

EX] ( I l l\ E DEPARTMENT.

Section I. The Executive Department -hall consisl of a Governor, j

whom shall be vested the supreme executive power of the State,
Lieutenant-Governor, a Secretary of State, an Auditor, a Treasurer,
Superintended of Public Instruction, and an Attorney-General, wl I
-hall he elected for a term of four years by the qualified electors of 11
State, at the same time and places and in the same manner as membe
of the General Assembly are elected. Their term of office shall con i
mence on the firsl day of January next after their election, and contini
until their successors are elected and qualified: Provided, that the of
cers firs! elected -hall assume the duties of their office ten days after tl
approval of this Constitution by the Congress of the United States, an
shall hold their offices four years fr< m and after the first day of Januafi

Sec. 2. Xo person shall be eligible as Governor or Lieutenant-Gove
nor unless he -hall have attained the age of thirty- years, shall have bet I
a citizen of the United States live years, and shall have been a reside] i
of this State for two years next before the election; nor shall the perse
elected to either of these two offices be eligible to the same office moi |
than four years in any term of eight years, unless the office shall hai
been cast upon him as Lieutenant-Governor or President of the Senate.

Sec. •'!. The return of every election for officers of the Executive D
partmenf shall be sealed up and transmitted to the seat of governmei *
by the returning officers, directed to the Speaker of the House of Rcpr
sentatives, who -hall open and publish Hie same in the presence of
majority of the members of both Houses of Hie General Assembly. Tl
n having the highest number of vote- respectively shall be declare
duly elected; but if two or more be equal and highest in votes for tl
same office, the one of them shall lie chosen by joint ballot of hoi j
Houses of the General Assembly. Contested elections shall be dete
mined by a joint ballot of both Houses of the General Assembly in sue I
manner as -hall be prescribed by law.

Sec. 4. The Governor, before entering upon the duties of his offi
shall, in the presence of the members of both branches of the Gener â– 



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•ot
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107

t pembly, or before any Justice of the Supreme Court, take â–  â– â– 
a rmation that lie will support the Constitution and I
Elites, and of the Stale of North Carolina, and thai he will
- a -form the duties appertaining to the office oi Govei
J) i been elected.

it^Kc. 5. The Governor shall reside al the seal of government ol
Ijite, and he shall, from time to time, give the General
' tion of the affairs of the State and recommend to their a
m measures as he shall deem expedient.
KEC. 0. The Governor shall have power to granl reprievi
ions and pardons, after conviction, for all offem epl in c

peachment), upon such conditions as he may think prop
;h regulations as may be provided by law 'relative to I
lying for pardons. He shall biennially communicate ti
semhly each case of reprieve, commutation <ir pardon grant
name of each convict, the crime for which he was convicted, : ;
ce and its date, the date of the commutation, pardon or reprii
! reasons therefor.
» 3ec. 7. The officers of the Executive Department and of the public
titutions of the State, shall at least five day- previou h rep

session of the General Assembly, severally reporl to th(
â– 4o shall transmit such reports with his message to thi Gem
Btin r - and the Governor may. at any time, require information in writing
o m the officers in the Executive Department upon anj subjeel relating
i tithe duties of their respective office-, and shall take care thai I
â– in faithfully executed.

; ii 3ec. 8. The Governor shall be Commander-in-Chief of the militi
f! State, except when they shall be called into the service of the 1 ni
â– i ites.
?idej jiEc. 0. The Governor shall have power, on extraordinary oi bj

f* 1 with the advice of the Council of Slate, to convene tin I
m sembly in extra session by his proclamation, stating therein the p
J le or purposes for which they are thus convened.
. 5ec. 10. The Governor shall nominate and. by and with the :ul\
D 1 consent of a majority of the Senators-elect, appoint all officers who*
flees are established by this Constitution and whose appointments
nt otherwise provided for.

i -Sec. 11. The Lieutenant-Governor shall he presid i
11; shall have no vote unless the Senate be equally divided, lie
in list acting a- Presidenl of the Senate, receive for his services the sami'
fori r which shall, for the same period, be allowed to the Spi
oi use of Representatives: and he shall receive no other compen
He :ept when he is acting as Governor.
•« Sec. 12. In case of the impeachment of the Governor, hi

ilifv, his absence from the State, his inability to discharge the du
minis' office, or, in case the office of Governor -hall in anywisi
ant. the powers, duties and emoluments of the office shall



a h



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108

upon the Lieutenanl Governor until the disability shall cease, or a n
rnor shall be elected and qualified. In every case in which 1
Lieutenanl Governor shall be unable to preside over the Senate, the Si
ii. -is shall elecl one of their own number President of their body; a
the powers, duties and emoluments of the office < f Governor shall devo |
upon him whenever the Lieutenant-Governor shall, for any reason,
prevented from discharging the duties of such office as above provid i
and he shall continue as acting Governor until the disabilities are
moved, or a new Governor or Lieutenanl Governor shall be elected
qualified. Whenever, during the recess of the General Assembly, it sh
become necessary for the Presided of the Senate to administer the gM
ernment, the Secretary of State shall convene the Senate, thai they m I
selecl -iicli President.

Sec. L3. The respective duties of the Secretary of State. Audit
Treasurer, Superintendent of Public Instructs n, and Attorney-Genei
shall be prescribed by law. if the office of any of said officers shall
vacated by death, resignation or otherwise, it shall be the duly of t

Gover â–  to appoint another until the disability be removed orchis si

cessor be elected and qualified. Every such vacancy shall be filled
election at the firsl general election that occurs more than thirty da
after the vacancy has taken place, and the person chosen shall hold t
office for the remainder of the unexpired term fixed in the firsl section^
1 his ai't icle.

Sec. 14. The Secretary of State, Auditor, Treasurer and Superintei
ent of Public Instruction shall constitute, ex officio, the Council of Sta
wh i shall advise the Governor in the execution of his olKce. and three
whom shall constitute a quorum. Their advice and proceedings in t]
capacity shall be entered in a journal to be kepi for this purpose excli
ively, and signed by the members present, from an\ pari of which a
member may enter his dissent ; and such journal shall be placed beff I
the Genera] Assembly when called for by either House. The Attorn!
Genera] shall I.e. ex officio, the legal adviser of the Executive Depai
nu ill.

Sec. 15. The officers mentioned in this article, shall, at stated perio
receive for their services a compensation to be established by law, whi S
shall neither be increased nor diminished during the lime for which t! |
shall have been elected, and the -aid officers shall receive no other em
umenl or allowance whatever.

Sj c. 16. There shall be a seal of the Slate, which shall be kept by i »
Governor, and used by him as occasion may require, and shall be cat
-The Cieat Seal of the State of North Carolina." All grants and cb
missions shall be issued in the name and by the authority of the State
North Carolina, sealed with "The Greal Seal of the State." signed
the Governor and countersigned by the Secretary of State.

Sic. 17. The General Assembly shall establish a Department of Ag
cull inc. Immigration and Statistics, under such regulations as may b i
promote the agricultural interests of the State, and shall enact laws i
the adequate protection and encouragement of sheep husbandry.



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.



109

ARTICLE J\ .

JUDICIAL DEPARTMENT.



Section 1. The distinctions between actions at lav.
Uity. and the forms of all such actions and suit-, shall 1
ide.d there shall be in this State bul one form of action
[•lit or protection of private rights or the redn
amich shall be denominated a civil action: and ,
Mh the people of the State as a party againsl a persi
"(jtblic offense, for the punishment of the same, shall be
1 action. Feigned issues shall also be abolished, and the I
ied by order of Court before a jury.
it(Si:c. 2. The judicial power of the State shall be vested in a i
< Mjo trial of Impeachment-, a Supreme Court. Superior <
stices of the Peace, and such other Courts inferior
itfturl a.s may be established by law.

ji Sec. 3. The Court for the trial of Impeachments shall be the 3
majority of the members shall be necessary to a quorum, and
Idgment shall not extend beyond removal from, and disqualify
tild. office in this State: but the party shall be liable to indictmi
tnisluiient according to law.

Sec. 4. The House of Representatives solely shall have thi
iffia ipeaching. No person shall be convicted without the concurren
ro-thirds of the Senators present. When the Governor i- imp
e Chief Justice shall preside.
tliSic. •">. Treason against the State shall consist onlj in levying
â– esel gainst it. or adhering to its enemies, giving them aid an



a j person shall be convicted of treason unless on the testimony
li'.tiies-es to the same overt act. or on confession in open < ourt. V
induction of treason or attainder shall work corruption of bl
ia dure.

Sec. (i. The Supreme Court shall consist of a Chief Justice nnd
isociate Justices.
li Sec. 7. The terms of the Supreme Court shall be held in the oil
tl ileigh. as now. unless otherwise provided by the General Assembly.
ei Sec. 8. The Supreme Court shall have jurisdiction upoi

•peal, any decision of the Court- below, upon any m
1 x;\] inference. And the jurisdiction of said Court over "issu
did ••questions of fact" shall be the same exercised by it bi
:a option of the Constitution of one thousand eighl hundred an
Stab »ht, and the Court shall have the power to issue anj remedial
cessary to give it a general supervision and control over the pr<
gs of the inferior Courts.
H Sec. 9. The Supreme Court shall have original jurisdiction
. vUims against the State, but its decisions shall be merely n
rv: no process in the nature of execution shall issue there*






MO



lull In h |i'i||m| (,0 till Mi I ' if ill 'il Mm <.iimo.iI \ i - 1 1 1 1 » I •■. ■ for

ki In I Im Slate lull In- < 1 1 \ i • i i • I into m i in |ud M mi I di trie!
ill' which it hull be eho en ; and there hall be held

ii • •utiii- 1 1 leu i i w ii '■ in each yea i i o cont nine fo

Ultj II MM\ |){ pi'l . iilied liy law. Bill I hi' < â–  l 'M' i ;i|

il\ in. i \ m 'in. i hi in. i • .i . i In number ol di Did

l i I i i i i lie I lupci im ( mill ha II re ide in I he

i i i . i I... w ■ 1 1 1 . I . . i . 1 1 Mm . I i i i l • ■ . hull pre ide in tin ' ou rtl

I Ik> dillVi 1 1 i i ,. i ii | lnii no .1 udge hall hold I he ' !oi

in i he mi .ii 1 1 id nil * ii. >i 1 1... n .hi. i i n ion i i inn mi ca e of

I â–  â–  ' 1 1 .m i . .1 1 1 in. . i 1. 1 Hi J ii "iiiii to i 1 "' ide in any district, oi

- i mil \ . ni. ill!, iic. i â–  ] i â–  1 1 1 in him bj i ea on oi w Inch he shall
iniiUi in pre ide, i Iim Governor im.iv require any -1 1 1 ■ I ■ • • • to hold oni

in "I. |i cilled Lern I district, in lieu of the Judge assignei

hold the I i ni i In 1 aid di I riel

I. i â–  riir General \ einbly hall have no powei i<> deprive
Judicial Department ol .m\ power or juri diction which rightfully |
lain i. 1 1 ...I coordinate department of the government; but i ]
< • i .i I \ . n i U \ lull allot and distribute that portion oi this power ;
inii diction which does not pertain to the Supreme Court, among
nilii'i r.nii pre cribed in ihis Constitution or wliich may be esl
h hed l>\ law in mil manner as il maj deem best; provide alsr
propel \ item oi appeals, and regulate by law, when necessary,
iiicili.nl . i proceeding in the exercise of their powers, of all the < ou
below the Supreme Court, so far as the same may be done without c

II i. I wil Ii .il Ii. i pi o\ i mil of I his ( 'mis! il ill ion.

Sice l .'! In .ill i in .a fact, joined in any Court, the parlies rn
waive iim right h> have the same determined by a jury, in which ci
the lin.liii" o| ilie Judge upon the facts shall have the force and effect
.i verdict bj n jurj

Si i ii I lie i ienci a l Vssembly shall provide for the establishment
Special Courts, for the trial of misdemeanors, in cities and towns win

I lie same m.n l)C lieee -a i \ .

Si e. i.i. The Clerk of the Supreme Court shall be appointed by j
Court-, iml shall hold his office for eight years.

s, , in \ Clerk of the Superior Court for each county shall
elected i>\ the qualified voters thereof, at the time and in the mam
prescribed b\ lav for the election of members of the General Assembly,

si e 17, Clerks o\ the Superior Courts shall hold their offices for fo
i â– 

si e IS. The General Assembly shall prescribe and regulate the fe
salaries and emoluments of all officers provided for in this article: I
the salaries of the Judges shall not be diminished during their eontin
atiee in office.

si , i<> riie laws o\ North Carolina, not repugnant to this Consti
tion. or the Constitution and laws of the United State-, shall be in fo
mil il law I ul lv .altered.






i I



«|8>x. 20. Action

-hull g<

â– -

â– 

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:

Si. '!

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hall hoi
lt< on hehalf of tl

j!4. J;
lalifi'-d

;il] hold th(

' 1 in li/

nail hold l.i
pity, the Clerk of the J:

r.
â– 

ppoirit to -:)'•.■.

kc il the i

1 k %vhen e!

i ieted or appointed to ar.
a) if;., such offices -hall be
ise

ntil their sueces

• the fir

.hall h.
-
eneral Assembly. Bnt I
this Constitul



'



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112

Sec. 1~>. The several Justices of the Peace Bhall have jurisdictii
under such regulations as the Genera] Assembly shall prescribe, of ci
actions, founded on contract, wherein the sum demanded shall not .
ceed two hundred dollars, and wherein the title to real estate shall i
be in controversy; and of all criminal matters arising within their coi
ties where the punishmenl cannol exceed a dne of fifty dollars or i
prisonmenl for thirty day-. And the General Assembly may give
Justices of the Peace jurisdiction of other civil actions. wherein t
value of the property in controversy does uo1 exceed fifty dollar-. \Vh &
an issue of fad shall be joined before a Justice, on demand of eitl
party thereto, he shall cause a jury of six men to be summoned, w n
shall try the same. The party against whom judgment shall he rendei
in am civil action, may appeal to the Superior Court from the sai
In all eases of a criminal nature, the party againsl whom judgment
given in,') appeal to the Superior Court, where the matter shall
heard mew. In all cases broughl before a justice, he shall make
record of the proceedings and file same with the Clerk of the Super)
< ouit for his county.

Sec. 28. When the office of Justice of the Peace shall become vac,
otherwise than by expiration of the term, and in case of a failure by t
voters of any district to elect, the Clerk of the Superior Court for t
county shall appoint to till the vacancy for the unexpired term

Sec. 29. In case the office of Clerk of a Superior Court for a cour
shall become vacant otherwise than by the expiration of the term, and
case <>t a failure by the people to elect, the Judge of the Superior Coil
for the county shall appoint to fill the vacancy until an election can I
regular!} held.

Sec. 30. In case the General Assembly shall establish other Courts p
ferior to the Supreme Court, the presiding officers and clerks there (
shall be elected in such manner as the General Assembly may from ti
to time prescribe, and they shall hold their offices for a 'term' not exeei
ing eight years

Sec. 31. Any .fudge of the Supreme Court or of the Superior Cour
and the presiding officers of such Courts inferior to the Supreme Coi
US may be established by law, may be removed from office for mental
physical inability, upon a concurrent resolution of two thirds of be
Houses of the General Assembly. The Judge or presiding officer, agaii
whom the General Assembly may be about to proceed, shall recei
notice thereof, accompanied by a copy of the causes alleged for his
moval, at lea.-t twenty day- before the day on which either House of t
Genera] Assembly shall act thereon.

Sec. 32. Any Clerk of the Supreme Court, or of the Superior Cour
or of such Courts inferior to the Supreme Court as "may be establish
by law, may be removed from office for mental or physical inability: t
Clerk of the Supreme Court by the Judges of said Court, the Clerks
the Superior Courts by the Judge riding the district, and the Clerks
such Court- inferior to the Supremo Court as mav be established bv h_



S






113

Iky the presiding officers of said ( ourts. Tin
■.»dm« are instituted shall rece thereof, a^corn

>py ot the causes alleged for his removal, a, 1,,,-, ,,.„ d a V

ay appointed to act thereon and 1 ^ sha ] ,,.

«teal to the next term of the Superior Court, and then*
Milourt as provided in other cases of appeals.
•■ Sec. 33. The amendments made to the Constitution oi
ty this Convention shall nd have the effecl t.

m office now existing under the Constitution ol the Si ite md filled
' eld by virtue of any election or appointmenl under tl
f ton and the laws of the Stale made in pursuance then

ARTICLE V.

REVENUE AMI TAXATION.



ri






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onrUii






. Col



l



|ection 1. The Genera] Assembly shall levy a capitation ta
Be inhabitant in the State over twenty-one and under fi.fi
g. which shall be equal on each to the tax on property valued
tjundred dollars in cash. The Commissioners of the several
tempt from capitation tax in special casi
ifirmity, and the State and county capitation tax comhi
Kceed two dollars on the head.

Sec. 2. The proceeds of the State and county capitation

Applied to the purposes of education and the supporl of the |

o one year shall more than twenty- live per cent, thereof be appropri
i the latter purpose.

Sec. 3. Laws shall be passed taxing, by a uniform rule, all n



'''Til-edits, investments in bonds, stocks, joint stock companies
lii'ise; and, also, all real and personal property, according 'â– 
,lue in money. The General Assembly may also tax trades, pr<
>ns, franchises, and incomes, provided thai no income shall
"" hen the property from which the income is derived i- taxed.
Sec. 4. Until the bond- of the State shall be at par,
ssembly shall have no power to contract any new debt or pi
Obligation in behalf of the State, except to supply ;i casual deficit
1 lppressing invasions or insurrections, unless it shall in the

vy a special tax to pay the interest annually. And I \ -

;< ly shall have no power to give or lend the credit of i' 1 -
• it try person, association or corporation, except to aid mploti

rch railroads as may be unfinished at the time oi th< idoptii
Constitution, or in which the State has a direct pecunii i
â–  blisl >ss the subject be submitted to a direct vote of the people of i
it?: I ad be approved by the majority of those who

Sec. 5. "Property belonging to the State, or to municipal ci
lall be exempt from taxation. The General Assembly in
ihyl smeteries and property held for educational, scientific, litei



114

ble or religious purposes; also wearing apparel, arms for muster, hou
hold ami kitchen furniture, the mechanical and agricultural implemei on
"i mechanics and farmers, Libraries and scientific instruments, or a »
other persona] property, to a \alne not exceeding three hundred dolla

Sec. 6. The taxes levied by the commissioners of the several count
i"i county purposes shall be levied in like manner with the State tax
and shall never exceed the double of the State ta :, excepl for a spec
purpose, and with the special approval of the General Assembly.

Sec. ,. Everj acl of the General Assembly levying a tax -hall sti
the special objeci to which ii is to be applied, and it shall be applied
no "( her pui pose.

ARTICLE VI.



SUFFRAGE AND ELIGIBILITY TO OFEICJ






|



»

Section I. Every male person born in the United State-, and ev<
male person who has been naturalized, twenty-one years of age. and pi v
sessing the qualifications set out in this Article, shall be entitled to vj

at any election by the ] pie in the State, except as herein otherwj

provided.

Sec. 2. Be shall have resided in the State of North Carolina for
years, in the county six months, and in the precinct, ward or other el
lion district, in which he offers to vote, four months next preceding t
election: Provided, that removal from one precinct, ward or other el [
tion district, to another in the same county, shall not operate to depri
any person of the right to vote in the precinct, ward or other electa
district from which he has removed until four months after such
moval. No person who has been convicted, or who ha- confessed 1
guill in open Court upon indictment, of any crime, the punishment
which now is. or may hereafter be imprisonment in the State's PriiB
shall be permitted to vote unless the said person shall be first restor I
to citizenship in the manner prescribed by law.

Sec. 3. Every person offering to vole shall be at the time a legalf 11
registered voter as herein prescribed and in the manner hereafter pi