The United States is Still a British Colony

AND FURTHERMORE of our ample and abundant grace certain knowledge and mere motion WE HAVE granted and by these presents for us our Heirs and Successors do grant unto the said Governor and Company and their Successors That they and their Successors and their Factors, Servants, and Agents for them and on their behalf and not otherwise shall forever hereafter have use and enjoy not only the whole Entire and only Trade and Traffic and the whole entire and only liberty use and privilege of trading and Trafficing to and from the Territory Limits and places aforesaid but also the whole and entire Trade and Traffic to and from all Havens, Bays, Creeks, Rivers, Lakes, and Seas into which they shall find entrance or passage by water or Land out of the Territories, Limits, or places aforesaid and to and with all the Natives and People Inhabiting or which shall inhabit within the Territories, Limits, and places aforesaid and to and with all other Nations Inhabiting any of the Coasts adjacent to the said Territories Limits and places which are not already possessed as aforesaid or whereof the sole liberty or privilege of Trade and Traffic is not granted to any other of our Subjects.

AND WE of our further Royal favour And of our more special grace certain knowledge and mere Motion HAVE granted and by these presents for us our Heirs and Successors DO grant to the said Governor and Company and to their Successors That neither the said Territories, Limits, and places hereby Granted as aforesaid nor any part thereof nor the islands, Havens, Ports, Cities, Towns, or places thereof or therein contained shall be visited, frequented, or haunted by any of the Subjects of us our Heirs or Successors contrary to the true meaning of these presents and by virtue of our Prerogative Royal which We will not have in that behalf argued or brought into Question, WE STRAIGHTLY Charge Command and prohibit for us our Heirs and Successors all the of us our Heirs and Successors of what degree or Quality soever they be that none of them directly or indirectly do visit, haunt, frequent, or Trade Traffic or Adventure by way of Merchandise into or from any the said Territories Limits or Places hereby granted or any or either of them other then the said Governor and Company and such particular persons as now be or hereafter shall be of that Company their Agents, Factors, and Assignees unless it be by the License and agreement of the said Governor and Company in writing first had and obtained under their Common Seal to be granted upon pain that every such person or persons that shall Trade or Traffic into or from any the Countries Territories or Limits aforesaid other then the said Governor and Company and their Successors shall incur our Indignation and the forfeiture and the loose of the Goods Merchandises and other things whatsoever which so shall be brought into this Realm of England or any the Dominions of the same contrary to our said Prohibition or the purport or true meaning of these presents for which the said Governor and Company shall fined take and seize in other places out of our Dominions where the said Company their Agents, Factors, or Ministers shall Trade Traffic inhabit by virtue of these our Letters Patent As also the Ship and Ships with the Furniture thereof wherein such goods Merchandises and other things shall be brought or found the one half of all the said Forfeitures to be to us our Heirs and Successors and the other half thereof WE DO by these Presents clearly and wholly for us our Heirs and Successors Give and Grant unto the said Governor and Company and their Successors. AND FURTHER all and every the said Offenders for their said contempt to suffer such other punishment as to us our Heirs or Successors for so high a contempt shall seem meet and convenient and not to be in any wise delivered until they and every of them shall become bound unto the said Governor for the time being in the sum of one thousand Pounds at the least at no time then after to Trade or Traffic into any of the said places Seas, Straits, Bays, Ports, Havens, or Territories aforesaid contrary to our Express Commandment in the behalf herein set down and published.

AND FURTHER of our more special grace WE HAVE condescended and granted And by these presents for us our Heirs and Successors do grant unto the said Governor and Company and their successors That We our Heirs and Successors will not Grant liberty license or power to any person or persons whatsoever contrary to the tenor of these our Letters Patent to Trade traffic or inhabit unto or upon any the Territories limits or places afore specified contrary to the true meaning of these presents without the consent of the said Governor and Company or the most part of them.

AND of our more abundant grace and favour to the said Governor and Company WE DO hereby declare our will and pleasure to be that if it shall so happen that any of the persons free or to be free of the said Company of Adventurers of England Trading into Hudson's Bay who shall before going forth of any Ship or Ships appointed for A VOYAGE or otherwise promise or agree by Writing under his or their hands to adventure any sum or Sums of money towards the furnishing any provision or maintenance of any voyage or voyages set forth or to be set forth or intended or meant to be set forth by the said Governor and Company or the more part of them present at any Public Assembly commonly called their General Court shall not within the Space of twenty Days next after Warning given to him or them by the said Governor or Company or their known Officer or Minister bring in and deliver to the Treasurer or Treasurers appointed for the Company such sums of money as shall have been expressed and set down in by the said Person or Persons subscribed with the name of the said Adventurer or Adventurers that then and at all Times after it shall and may be lawful to and for the said Governor and Company or the more part of them present WHEREOF the said Governor or his Deputy to be one at any of their General Courts or General Assemblies to remove and disfranchise him or them and every such person and persons at their wills and pleasures and he or they so removed and disfranchised not to be permitted to trade into the Countries Territories Limits aforesaid or any part thereof nor to have any Adventure or Stock going or remaining with or amongst the said Company without the special license of the said Governor and Company or the more part of them present at any General Court first had and obtained in that behalf Anything before in these presents to the contrary thereof in any wise notwithstanding.

AND OUR WILL AND PLEASURE is And hereby We do also ordain that it shall and may be lawful to and for the said Governor and Company or the greater part of them whereof the Governor for the time being or his Deputy to be one to admit into and to be of the said Company all such Servants or Factors of or for the said Company and all such others as to them or the most part of them present at any Court held for the said Company the Governor or his Deputy being one shall be thought fit and agreeable with the Orders and Ordinances made and to be made for the Government of the said Company.

AND FURTHER Our will and pleasure is And by these presents for us our Heirs and Successors WE DO grant unto the said Governor and Company and to their Successors that it shall and may be lawful in all Elections and By-Laws to be made by the General Court of the Adventurers of the said Company that every person shall have a number of votes according to his Stock that is to say for every hundred pounds by him subscribed or brought into the present Stock one vote and that any of these that have Subscribed less than one hundred pounds may join their respective sums to make up one hundred pounds and have one vote jointly for the same and not otherwise.
AND FURTHER of our special grace certain knowledge and mere motion WE DO for us our Heirs and Successors grant to and with the said Governor and Company of Adventurers of England Trading into Hudson's Bay that all Lands, Islands, Territories, Plantations, Forts, Fortifications, Factories, or Colonies where the said Companies, Factories, and Trade are or shall be within any the Ports and places afore limited shall be immediately and from henceforth under the power and command of the said Governor and Company their Successors and Assignees SAVING the faith and Allegiance due to be performed to us our Heirs and Successors as aforesaid and that the said Governor and Company shall have liberty, full Power, and authority to appoint and establish Governors and all other Officers to govern them. And that the Governor and his Council of the several and respective places where the said Company shall have Plantations, Forts, Factories, Colonies, or Places of Trade within any of the Countries, Lands, or Territories hereby granted may have power to judge all persons belonging to the said Governor and Company or that shall live under them in all Causes whether Civil or Criminal according to the Laws of this Kingdom, and to execute Justice accordingly. And in case any crime or misdemeanor shall be committed in any of the said Companies, Plantations, Forts, Factories, or Places of Trade within the Limits aforesaid where Judicature cannot be executed for want of a Governor and Council, there then in such case it shall and may be lawful for the chief Factor of that place and his Council to the party together with the offence to such other Plantation, Factory, or Fort where there shall be a Governor and Council where Justice may be executed or into this Kingdom of England as shall be thought most convenient there to receive such punishment as the nature of his offence shall deserve.

AND MOREOVER Our will and pleasure is And by these presents for us our Heirs and Successors WE DO GIVE and grant unto the said Governor and Company and their Successors free Liberty and License in case they conceive it necessary to send either Ships of War Men or Ammunition unto any their Plantations, Forts, Factories, or Places of Trade aforesaid for the security and defence of the same and to choose Commanders and Officers over them and to give them power and authority by Commission under their Common Seal or otherwise to continue or make peace or War with any Prince or People whatsoever that are not Christians in any places where the said Company shall have any Plantations, Forts, or Factories or adjacent thereunto as shall be most for the advantage and benefit of the said Governor and Company and of their Trade, and, also, to right and recompense themselves upon the Goods, Estates, or people of those parts by whom the said Governor and Company shall sustain any injury loss or damage or upon any other People whatsoever that shall any way contrary to the intent of these presents interrupt, wrong, or injure them in their said Trade within the said places, Territories, and Limits granted by this Charter and that it shall and may be lawful to and for the said Governor and Company and their Successors from time to time and at all times from henceforth to Erect and build such Castles, Fortifications, Forts, Garrisons, Colonies, Plantations, Towns, or Villages in any parts or places within the Limits and Bounds granted before in these presents unto the said Governor and Company as they in their Discretions shall think fit and requisite and for the supply of such as shall be needful and convenient to keep and be in the same to send out of this Kingdom to the said Castles, Forts, Fortifications, Garrisons, Colonies, Plantations, Towns, or Villages all of Clothing, Provision of Victuals, Ammunition, and Implements necessary for such purpose paying the Duties and Customs for the same As, also, to transport and carry over such number of Men being willing thereunto or not prohibited as they shall think fit and, also, to govern them in such legal and reasonable manner as the said Governor and Company shall think best and to inflict punishment for misdemeanors or impose such Fines upon them for breach of their Orders as in these Presents are formerly expressed.

AND FURTHER Our will and pleasure is And by these presents for us our Heirs and Successors WE DO grant unto the said Governor and Company and to their Successors full Power and lawful authority to seize upon the Persons of all such English or any other of our Subjects which shall sail into Hudson's Bay or Inhabit in any of the Countries Islands or Territories hereby Granted to the said Governor and Company without their leave and Licence in that Behalf first had and obtained or that shall condemn or disobey their Orders and send them to England and that all and every Person and Persons being our Subjects any ways Employed by the said Governor and Company within any the Parts, places, and Limits aforesaid shall be liable unto and suffer such punishment for any Offences by them committed in the Parts aforesaid as the President and Council for the said Governor and Company there shall think fit and the merit of the offence shall require as aforesaid. And in case any Person or Persons being convicted and Sentenced by the President and Council of the said Governor and Company in the Countries, Lands, or Limits aforesaid their Factors or Agents there for any Offence by them done shall appeal from the same That then and in such Case it shall and may be lawful to and for the said President and Council Factors or Agents to seize upon him or them and to carry him or them home Prisoners into England to the said Governor and Company there to receive such condign punishment as his Cause shall require and the Law of this Nation allow of and for the better discovery of abuses and injuries to be done unto the said Governor and Company or their Successors by any Servant by them to be employed in the said Voyages and Plantations it shall and may be lawful to and for the said Governor and Company and their respective Presidents Chief Agent or Governor in the parts aforesaid to examine upon Oath all Factors, Masters, Pursers, Supra Cargoes, Commanders of Castles, Forts, Fortifications, Plantations, or Colonies or other Persons touching or concerning any matter or thing in which by Law or usage an Oath may be administered so as the said Oath and the matter therein contained be not repugnant but agreeable to the Laws of this Realm.

AND WE DO hereby straightly charge and Command all and singular our Admirals, Vice-Admirals, Justices, Mayors, Sheriffs, Constables, Bailiffs, and all and singular other [of] our Officers, Ministers, Liege Men, and Subjects whatsoever to be aiding favouring helping and assisting to the said Governor and Company and to their Successors and to their Deputies, Officers, Factors, Servants, Assignees, and Ministers and every of them in executing and enjoying the premises as well on Land as on Sea from time to time when any of you shall thereunto be required ANY STATUTE, Act, Ordinance, Proviso, Proclamation, or restraint heretofore had made set forth ordained or provided or any other matter, cause, or thing whatsoever to the contrary in any wise notwithstanding.

IN WITNESS WHEREOF we have caused these our Letters to be made Patented WITNESS OURSELF at Westminster the second day of May in the two and twentieth year of our Reign By Writ of Privy Seal

Source: Statutes, Orders in Council &c, relating to the Hudson's Bay Company (London, 1949).

Footnote #9

CONSTITUTION OF NORTH CAROLINA OF 1776
A DECLARATION OF RIGHTS

A Declaration of Rights, made by the Representatives of the Freeman of the State of North Carolina.
1. That all political power is vested, in and derived from, the people only.
2. That the people of this State ought to have the sole and exclusive right of regulating the internal government and police thereof.
3. That no men, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services.
4. That the legislative, executive and supreme judicial powers of government, ought to be forever separate and distinct from each other.
5. That all powers of suspending laws, or the execution of laws, by any authority, without consent of the representatives of the people, is injurious to their rights, and ought not to be exercised.
6. That elections of members to serve as representatives in General Assembly ought to be free.
7. That in all criminal prosecutions, every man has a right to be informed of the accusation against him, and to confront the accusers and witnesses with other testimony, and shall not be compelled to give evidence against himself.
8. That no freeman shall be put to answer any criminal charge, but by indictment, presentment, or impeachment.
9. That no freeman shall be convicted of any crime, but by the unanimous verdict of a jury of good and lawful men, in open court, as heretofore used.
10. That excessive bail should not be required, nor excessive fines imposed, nor cruel nor unusual punishments inflicted.
11. That general warrants, whereby any officer or messenger may be commanded to search suspected places, without evidence of the fact committed, or to seize any person or persons not named, whose offenses are not particularly described, and supported by evidence, are dangerous to liberty, and ought not to be granted.
12. That no freeman ought to be taken, imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed or exiled, or in any manner destroyed, or deprived of his life, liberty or property, but by the law of the land.
13. That every freeman restrained of his liberty is entitled to a remedy, to inquire in to the lawfulness thereof, and to remove the same, if unlawful; and that such remedy ought not to be denied or delayed.
14. That 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.
15. That the freedom of the press is one of the great bulwarks of liberty; and, therefore, ought never to be restrained.
16. That the people of this State ought not to be taxed, or made subject to the payment of any impost, or duty, without the consent of themselves, or their representatives in the General Assembly freely given.
17. That the people have a right to bear arms, for the defense of the State; and as standing armies, in time of peace, are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by, the civil power.
18. That the people have a right to assemble together, to consult for the common good, to instruct their representatives, and to apply to the legislature for redress of grievances.
19. That all men have a natural and unalienable right to worship Almighty God according to the dictates of their own conscience.
20. That, for redress of grievances, and for amending and strengthening the laws, elections ought to be often held.
21. That a frequent recurrence to fundamental principles is absolutely necessary to preserve the blessings of liberty.
22. That no hereditary emoluments, privileges, or honors ought to be granted or conferred in this State.
23. That perpetuities and monopolies are contrary to the genius of a free State, and ought not to be allowed.
24. That 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.
25. The property of the soil, in a free government, being one of the essential rights of the collective body of the people, it is necessary, in order to avoid future disputes, that the limits of the State should be ascertained with precision: and as the former temporary line between North and South Carolina was confirmed, and extended by commissioners, appointed by the legislatures of the two States, agreeable to the order of the late King George II in council, that line, and that only, should be esteemed the southern boundary of this State; that is to say, beginning on the seaside at a cedar stake at or near the mouth of Little River, (being the southern extremity of Brunswick County), and running from thence a northwest course, through the boundary-house, which stands in thirty-three degrees fifty-six minutes, to a thirty-five degrees north latitude; and from thence a west course, so far as is mentioned in the charter of King Charles II to the late proprietors of Carolina. Therefore, all the territory, seas, waters, and harbors, with their appurtenances, lying between the line above described, and the southern line of the State of Virginia, which begins on the seashore, in thirty-six degrees thirty minutes north latitude, and from thence runs west, agreeable to the said charter of King Charles, are the right and property of the people of this State, to be held by them in sovereignty: any partial line, without the consent of the legislature of this State, at any time thereafter directed or laid out, in any wise notwithstanding: provided always, that this declaration of right shall not prejudice any nation or nations of Indians, from enjoying such hunting grounds as may have been, or hereafter shall be secured to them, by any former or future legislature of this State: And provided also, that it shall not be construed so as to prevent the establishment of one or more governments westward of this State, by consent of the legislature: And provided further, that nothing herein contained shall affect the titles or possessions of individuals holding or claiming under the laws heretofore in force, or grants heretofore made by the late King George II, or his predecessors, or the late lords proprietors, or any of them.

THE CONSTITUTION

The Constitution, or form of Government, agreed to and Resolved upon, by the Representatives of the freemen of the State of North Carolina, elected and chosen for that particular purpose, in Congress assembled, at Halifax, the eighteenth day of December , in the year of our Lord one thousand seven hundred and seventy-six.

Whereas, allegiance and protection are in their nature reciprocal, and the one should of right be refused when the other is withdrawn;

And whereas, George the Third, King of Great Britain, and late sovereign of the British American colonies, hath not only withdrawn from them his protection, but, by an act of the British legislature, declared the inhabitants of these States out of the protection of the British crown, and all their property found upon the high-seas liable to be seized and confiscated to the uses mentioned in the said act; and the said George the Third has also sent fleets and armies to prosecute a cruel war against them, for the purpose of reducing the inhabitants of the said colonies to a state of object slavery; in consequence whereof, all government, under the said King, within the said colonies, hath ceased, and a total dissolution of government, in many of them, hath taken place;

And whereas, the continental congress, having considered the premises, and other previous violations of the rights of the good people of America, have therefore declared that the thirteen united colonies are, of right, wholly absolved from all allegiance to the British crown, or any other foreign jurisdiction whatsoever; and that the said colonies now are, and forever shall be, free and independent states. Wherefore, in our present State, in order to prevent anarchy and confusion, it becomes necessary that government should be established in this State; therefore, we the representatives of the freemen of North Carolina, chosen and assembled in Congress for the express purpose of framing a constitution, under the authority of the people, most conducive to their happiness and prosperity, do declare, that a government for this State shall be established, in manner and form following, to wit:
1. That the legislative authority shall be vested in two distinct branches, both dependent on the people, to wit, a senate and house of commons.
2. That the senate shall be composed of representatives, annually chosen by ballot, one for each county in the State.
3. That the house of commons shall be composed of representatives, annually chosen by ballot, two for each county, and one for each of the towns of Edenton, New Bern, Wilmington, Salisbury, Hillsborough, and Halifax.
4. That the senate and house of commons, assembled for the purpose of legislation, shall be denominated the General Assembly.
5. That each member of the senate shall have usually resided in the county in which he is chosen for one year immediately preceeding his election, and for the same time shall have possessed, and continue to possess, in the county which he represents, not less than three hundred acres of land in fee.
6. That each member of the house of commons shall have usually resided in the county in which he is chosen for one year immediately preceding his election, and for six months shall have possessed, and continue to possess, in the county which he represents, not less than one hundred acres of land in fee, or for the term of his own life.
7. That all freemen of the age of twenty-one years, who have been inhabitants of any one county within the State twelve months immediately preceding the day of any election, and possessed of a freehold, within the same county, of fifty acres of land, for six months next before, and at the day of election, shall be entitled to vote for a member of the senate.
8. That all freemen of the age of twenty-one years, who have been inhabitants of any one county within the State twelve months immediately preceding the day of any election, and shall have paid public taxes, shall be entitled to vote for members of the house of commons, for the county in which he resides.
9. That all persons possessed of a freehold, in any town in this State, having a right of representation, and also all freemen, who have been inhabitants of any such town twelve months next before, and at the day of election, and shall have paid public taxes, shall be entitled to vote for a member to represent such town in the house of commons: provided, always, that this section shall not entitle any inhabitant of such town to vote for members of the house of commons for the county in which he may reside; nor any freeholder in such county, who resides without or beyond the limits of such town, to vote for a member of the said town.
10. That the senate and house of commons, when met, shall each have power to choose a speaker, and their other officers; be judges of the qualifications and elections of their members; sit upon their own adjournments from day to day; and prepare bills to be passed into laws. The two houses shall direct writs of election, for supplying intermediate vacancies: and shall also jointly, by ballot, adjourn themselves to any future day and place.
11. That all bills shall be read three times in each house, before they pass into laws, and be signed by the speakers of both houses.
12. That every person, who shall be chosen a member of the senate or house of commons, or appointed to any office or place of trust, before taking his seat, or entering upon the execution of his office, shall take an oath to the State: and all officers shall take an oath of office.
13. That the General Assembly shall, by joint ballot of both houses, appoint judges of the supreme courts of law and equity, judges of admiralty and attorney-general, who shall be commissioned by the governor, and hold their offices during good behavior.
14. That the senate and house of commons shall have power to appoint the generals and field officers of the militia, and all officers of the regular army of this State.
15. That the senate and house of commons, jointly, at their first meeting after each annual election, shall, by ballot, elect a governor for one year, who shall not be eligible to that office longer than three years, in six successive years; that no person under thirty years of age, and who has not been a resident in this State above five years, and having, in the State, a freehold in lands and tenements, above the value of one thousand pounds, shall be eligible as a governor.
16. That the senate and house of commons, jointly, at their first meeting, after each annual election, shall, by ballot, elect seven persons to be a Council of State for one year; who shall advise the governor in the execution of his office; and that four members shall be a quorum; their advice and proceedings shall be entered in a journal, to be kept for that purpose only, and signed by the members present; to any part of which any member present may enter his dissent. And such journal shall be laid before the General Assembly when called for by them.
17. That there shall be a seal of this 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, and shall be affixed to all grants and commissions.
18. The governor, for the time being, shall be Captain-General and commander-in-chief of the militia; and in the recess of the General Assembly, shall have power, by and with the advice of the Council of State, to embody the militia for the public safety.
19. The governor, for the time being, shall have power to draw for and apply such sums of money as shall be voted by the General Assembly, for the contingencies of government, and be accountable to them for the same. He also may, by and with the advice of the Council of State, lay embargoes, or prohibit the exportation of any commodity, for any term not exceeding thirty days, at any one time in the recess of the General Assembly; and shall have the power of granting pardons and reprieves, except where the prosecution shall be carried on by the General Assembly, or the law shall otherwise direct; in which case, he may, in the recess, grant a reprieve until the next sitting of the General Assembly; and he may exercise all the other executive powers of government, limited and restrained, as by this constitution is mentioned, and according to the laws of the State. And, on his death, inability, or absence from the State, the speaker of the senate, for the time being, and in case of his death, inability, or absence from the State, the speaker of the house of commons, shall exercise the powers of government, after such death, or during such absence or inability of the governor, or speaker of the senate, or until a new nomination is made by the General Assembly.
20. That, in every case, where any officer, the right of whose appointment is, by this constitution, vested in the General Assembly, shall, during their recess, die, or his office by other means become vacant, the governor shall have power, with the advice of the Council of State, to fill up such vacancy, by granting a temporary commission, which shall expire at the end of the next session of the General Assembly.
21. That the governor, judges of the supreme court of law and equity, judges of admiralty, and attorney-general, shall have adequate salaries, during their continuance in office.
22. That the General Assembly shall, by joint ballot of both houses, annually appoint a treasurer or treasurers for this State.
23. That the governor, and other officers, offending against the State, by violating any part of this constitution, maladministration, or corruption, may be prosecuted, on the impeachment of the General Assembly, or presentment of the grand jury of any court of supreme jurisdiction in this State.
24. That the General Assembly shall, by joint ballot of both houses, triennially appoint a secretary for this State.
25. That no persons who heretofore have been, or hereafter may be, receivers of public moneys, shall have a seat in either house of General Assembly, or be eligible to any office in this State, until such person shall have fully accounted for, and paid in to the treasury, all sums for which they may be accountable and liable.
26. That no treasurer shall have a seat, either in the senate, house of commons, or Council of State, during his continuance in that office, or before he shall have finally settled his accounts with the public, for all the moneys which may be in his hands , at the expiration of his office, belonging to the State, and hath paid the same into the hands of the succeeding treasurer.
27. That no officer in the regular army or navy, in the service and pay of the United States, of this State or any other State, nor any contractor or agent for supplying such army or navy with clothing or provisions, shall have a seat either in the senate, house of commons, or Council of State, or be eligible thereto; and any member of the senate, house of commons, or Council of State, being appointed to, and accepting of such office, shall thereby vacate his seat.
28. That no member of the Council of State shall have a seat, either in the senate or house of commons.
29. That no judge of the supreme court of law or equity, or judge of admiralty, shall have a seat in the senate, house of commons, or Council of State.
30. That no secretary of this State, attorney-general, or clerk of any court of record, shall have a seat in the senate, house of commons, or Council of State.
31. That no clergyman, or preacher of the gospel, of any denomination, shall be capable of being a member of either the senate, house of commons, or Council of State, while he continues in the exercise of his pastoral function.
32. That no person who shall deny the being of God, or the truth of the Protestant religion, or the divine authority of either the Old or New Testaments, or who shall hold religious principles incompatible with the freedom and safety of the State, shall be capable of holding any office, or place of trust or profit, in the civil department, within this State.
33. That the justices of the peace, within their respective counties in this State, shall in future be recommended to the governor for the time being, by the representatives in General Assembly; and the governor shall commission them accordingly; and the justices, when so commissioned, shall hold their offices during good behaviour, and shall not be removed from office by the General Assembly, unless for misbehaviour, absence, or inability.
34. That there shall be no establishment of any one religious church or denomination in this State, in preference to any other; neither shall any person, on any pretense whatsoever be compelled to attend any place of worship contrary to his own faith or judgment, nor be obliged to pay for the purchase of any glebe, or the building of any house of worship, or for the maintenance of any minister or ministry, contrary to what he believes right, or has voluntarily and personally engaged to perform; but all persons shall be at liberty to exercise their own mode of worship: Provided, that nothing herein contained shall be construed to exempt preachers of treasonable or seditious discourses, from legal trial and punishment.
35. That no person in the State shall hold more than one lucrative office at any one time: Provided that no appointment in the militia, or the office of a justice of the peace, shall be considered as a lucrative office.
36. That all commissions and grants shall run in the name of the State of North Carolina, and bear test, and be signed by the Governor. All writs shall run in the same manner, and bear test, and be signed by the clerks of the respective courts. Indictments shall conclude, against the peace and dignity of the State.
37. That the delegates for this State to the continental Congress, while necessary, shall be chosen annually by the General Assembly, by ballot; but may be superseded, in the meantime, in the same manner; and no person shall be elected to serve in that capacity for more than three years successively.
38. That there shall be a sheriff, coroner, or coroners, and constables, in each county within this State.
39. That the person of a debtor, where there is not a strong presumption of fraud, shall not be continued in prison after delivering up, bona fide, all his estate, real and personal, for the use of his creditors, in such manner as shall hereafter be regulated by law. All prisoners shall be bailable by sufficient sureties, unless for capital offenses, when the proof is evident, or the presumption great.
40. That every foreigner who comes to settle in this State; having first taken an oath of allegiance to the same, may purchase, or, by other just means, acquire, hold, and transfer land, or other real estate, and after one year's residence be deemed a free citizen.
41. That a school or schools shall be established by the legislature, for the convenient instruction of youth, with such salaries to the masters, paid by the public, as may enable them to instruct at low prices; and, all usefull learning shall be duly encouraged and promoted in one or more universities.
42. That no purchase of lands shall be made of the Indian natives, but on behalf of the public, by authority of the general assembly.
43. That the future legislature of this State shall regulate entails, in such a manner as to prevent perpetuities.
44. That the declaration of rights is hereby declared to be part of the constitution of this State, and ought never to be violated on any pretence whatsoever.
45. That any member of either house of general assembly shall have liberty to dissent from and protest against any act or resolve which he may think injurious to the public, or any individual, and have the reasons of his dissent entered on the journals.
46. That neither house of the General Assembly shall proceed upon public business, unless a majority of all the members of such house are actually present; and that upon a motion made and seconded, the yeas and nays, upon any question, shall be taken and entered on the journals: and that the journals of the proceedings of both houses of the General Assembly shall be printed, and made public, immediately after their adjournment.

This constitution is not intended to preclude the present Congress from making a temporary provision, for the well ordering of this State, until the General Assembly shall establish government agreeable to the mode herein before described.

RICHARD CASWELL, President.

December the eighteenth, one thousand seven hundred and seventy-six, read the third time, and ratified in open Congress.

Footnote #10

THE CONSTITUTION

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 to their safety and happiness; but every such right should be exercised in pursurance 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 this State to secede, and that all attempts from whatever source or upon whatever pretext, to dissolve said Union, or to sever said nation, ought to be resisted with the whole power of the State.
SEC. 5. That every citizen of this State owes 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. To maintain the honor and good faith of the State untarnished, the public debt, regularly contracted before and since the rebellion, shall be regarded as inviolable and never be questioned; but 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.
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 excessive 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 enquire in to 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 privilege 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 this State ought not to be taxed, or made subject to the payment of any impost or duty, without the consent of themselves, or their representatives in General Assembly freely given.
SEC. 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.
SEC. 25. The people have a right to assemble together to consult for their common good, to instruct their representatives, and to apply to the Legislature for redress of grievances.
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 a 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, priviliges, 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 this 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 House of Representatives.
SEC. 2. The Senate and House of Representatives shall meet annually on the third Monday in November 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. Until the first session of the General Assembly which shall be had after the year eighteen hundred and seventy one, the Senate shall be composed of members elected from districts constituted as follows:
1st District-Perquimans, Pasquotank, Chowan, Currituck, Gates and Camden, shall elect two Senators.
2nd District-Martin, Washington and Tyrrell shall elect one Senator.
3rd District-Beaufort and Hyde, shall elect one Senator.
4th District-Northampton shall elect one Senator.
5th District-Bertie and Hertford, shall elect one Senator.
6th District-Halifax, shall elect one Senator.
7th District-Edgecombe, shall elect one Senator.
8th District-Pitt, shall elect one Senator.
9th District-Nash and Wilson, shall elect one Senator.
10th District-Craven and Carteret, shall elect two Senators.
11th District-Jones and Lenoir, shall elect one Senator.
12th District-Duplin and Onslow, shall elect one Senator.
13th District-Brunswick and New Hanover shall elect two Senators.
14th District-Bladen and Columbus, shall elect one Senator.
15th District-Robeson, shall elect one Senator.
16th District-Cumberland, Harnett, and Sampson shall elect two Senators.
17th District-Johnston, shall elect one Senator.
18th District-Greene and Wayne, shall elect one Senator.
19th District-Franklin and Wake, shall elect two Senators.
20th District-Warren, shall elect one Senator.
21st District-Granville and Person shall elect two Senators.
22nd District-Orange shall elect one Senator.
23rd District-Chatham shall elect one Sentor.
24th District-Caswell shall elect one Senator.
25th District-Rockingham shall elect one Senator.
26th District-Alamance and Guilford shall elect two Senators.
27th District-Randolph and Montgomery shall elect one Senator.
28th District-Moore and Richmond shall elect one Senator.
29th District-Anson and Union shall elect one Senator.
30th District-Mecklenburg shall elect one Senator.
31st District-Cabarrus and Stanly shall elect one Senator.
32nd District-Davie and Rowan shall elect one Senator.
33rd District-Davidson shall elect one Senator.
34th District-Forsyth and Stokes shall elect one Senator.
35th District-Surry and Yadkin shall elect one Senator.
36th District-Alexander and Iredell shall elect one Senator.
37th District-Catawba, Gaston, and Lincoln shall elect one Senator.
38th District-Cleveland, Polk, and Rutherford shall elect one Senator.
39th District-Alleghany, Ashe, and Wilkes shall elect one Senator.
40th District-Buncombe, Henderson, and Transylvania shall elect one Senator.
41st District-Burke, Caldwell, and Watauga shall elect one Senator.
42nd District-Madison, Mitchell, McDowell and Yancey shall elect one Senator.
43rd District-Clay, Cherokee, Haywood, Jackson, and Macon shall elect one Senator.
SEC. 5. An enumeration of the inhabitants of the State shall be taken under the direction of the General Assembly in the year one thousand eight hundred and seventy five, and at the end of every ten years thereafter; and the said Senate districts, shall be so altered by the General Assembly, at the first session after the return of every enumeration taken as aforesaid, or by order of Congress, that each Senate district shall contain, as nearly 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. 6. 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 hereinbefore directed to be laid off.
SEC. 7. In making the apportionment in the House of Representatives, the ratio of representation should 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. 8. Until the General Assembly shall have made the apportionment as herein before provided, the House of Representatives shall be composed of members elected from the counties in the following manner, to wit; The county of Wake shall elect four members; the counties of Craven, Granville, Halifax and New Hanover shall elect three members each; the counties of Caswell, Chatham, Cumberland, Davidson, Duplin, Edgecombe, Franklin, Guilford, Iredell, Johnston, Mecklenburg, Northampton, Orange, Pitt, Randolph, Robeson, Rockingham, Rowan, Warren, and Wayne shall elect two members each; the counties of Alamance, Alexander, Alleghany, Anson, Ashe, Beaufort, Bertie, Bladen, Brunswick, Buncombe, Burke, Cabarrus, Caldwell, Camden, Carteret, Catawba, Cherokee, Chowan, Clay, Cleveland, Columbus, Currituck, Davie, Forsyth, Gaston, Gates, Greene, Harnett, Henderson, Haywood, Hertford, Hyde, Jackson, Jones, Lenoir, Lincoln, Macon, Madison, Martin, McDowell, Mitchell, Montgomery, Moore, Nash, Onslow, Pasquotank, Perquimans, Person, Polk, Richmond, Rutherford, Sampson, Stanly, Stokes, Surry, Transylvania, Tyrrell, Union, Washington, Watauga, Wilkes, Wilson, Yadkin, and Yancy shall elect one member each.
SEC. 9. Each member of the Senate shall be not 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. 10. 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. 11. 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. 12. 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. 13. The General Assembly shall not have power to pass any private law to alter the name of any person, or to legitimate any person not born in lawful wedlock, or to restore the rights of citizenship any person convicted of an infamous crime, but shall have power to pass general laws regulating the same.
SEC. 14. The General Assembly shall not pass any private law, unless it shall be made to appear, that thirty day's notice of application to pass such law shall have been given, under such direction, and in such manner as shall be provided by law.
SEC. 15. 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. 16. No law shall be passed to raise money on the credit of the State, or to pledge the faith of the State directly or indirectly for the 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 readings of the bill shall have been entered on the Journal.
SEC. 17. The General Assembly shall regulate entails in such manner as to prevent perpetuities.
SEC. 18. Each House shall keep a journal of its proceedings, which shall be printed and made public immediately after the adjurnment of the General Assembly.
SEC. 19. 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 reasons of his dissent entered on the Journal.
SEC. 20. The House of Representatives shall choose their own Speaker and other officers.
SEC. 21. The Lieutenant-Governor shall preside in the Senate, but shall have no vote, unless it may be equally divided.
SEC. 22. 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. 23. The style of the acts shall be, "The General Assembly of North Carolina do enact :"
SEC. 24. Each House shall be judge of the qualifications and elections of its own members, shall sit upon its own adjournment from day to day, prepare bills to be passed into laws, and the two Houses, may also jointly adjourn to any future day, or other place.
SEC. 25. 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. 26. 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. 27. The terms of office for Senators and members of the House of Representatives shall commence at the time of their election; and the term of office of those elected at the first election held under this Constitution shall terminate at the same time as if they had been elected, at the first ensuing regular election.
SEC. 28. 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. 29. 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 Assesmbly may change the time of holding the elections. The first election shall be held when the vote shall be taken on the ratification of this Constitution by the voters of the State, and the General Assembly then elected, shall meet on the fifteenth day after the approval thereof by the Congress of the United States, if it fall not on Sunday, but if it shall so fall, then on the next day thereafter, and the members then elected shall hold their seats until their successors are elected at a regular election.

Article 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 Works, 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 places, and in the same manner as members of the General Assembly are elected. Their term of office shall commence on the first day of January next, after their election, and continue until their successors are elected and qualified: Provided, That the officers first elected shall assume the duties of their offlce ten days after the approval of this Constitution by the Congress of the United States, and shall hold their offices four years from and after the first of January, 1869.
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 votes 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 vote 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 cases of impeachment) upon such conditions as he may think proper, subject to such regulations as may be provided by
law relative to the manner of applying for pardons. He shall annually 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 therefore.
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 in extra session by his proclamation, stating therein the purpose or purposes for which they are thus convened.
SEC. 10. The Governor shall nominate, and by and with the advice and consent of a majority of the Senators elect, appoint, all officers whose offices are established by this Constitution, or which shall be created by law, and whose appointments are not otherwise provided for, and no such officer shall be appointed or elected by the General Assembly.
SEC. 11. The Lieutenant Governor shall be President of the Senate, but shall have no vote unless the Senate be equally divided. He shall, whilst acting as President of the Senate, receive for his services the same pay which 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 any wise 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 Lieutenant 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 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 be 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 a 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 Works, Superintendent of Public Instruction, and Attorney General shall be prescribed by law. If the office of any of said officers shall be vacated by death, resignation, or otherwise, it shall be the duty of the Governor to appoint 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, Superintendent of Public Works, 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 whatever.
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 issued 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. There shall be established in the office of Secretary of State, a Bureau of Statistics, Agriculture, and Immigration, under such regulations as the General Assembly may provide.

Article IV
Judicial Department.
SEC. 1. The distinction between actions at law and suits in equity, and the forms of all such actions and suits shall be abolished, and there shall be in this State 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 be abolished and the fact at issue tried by order of court before a jury.
SEC. 2. Three Commissioners shall be appointed by this Convention to report to the General Assembly at its first session after this Constitution shall be adopted by the people, rules of practice and procedure in accordance with the provisions of the foreign section, and the Convention shall provide for the commissioners, a reasonable compensation.
SEC. 3. The same Commissioners shall also report to the General Assembly as soon as practible, a code of the law of North Carolina. The Governor shall have power to fill all vacancies occurring in this Commission.
SEC. 4. 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 Special Courts.
SEC. 5. The Court for the trial of Impeachments shall be the Senate. A majority of the members shall be necessary to a quorum, and the judgment shall not extend beyond removal from, and disqualification to hold, office in this State; but the party shall be liable to indictment and punishment according to law.
SEC. 6. The House of Representatives solely, shall have the power of impeaching. No person shall be convicted without the concurrence of two thirds of the Senators present. When the Governor is impeached the Chief Justice shall preside.
SEC. 7. Treason against the State shall consist only in levying war against it or adhearing 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. 8. The Supreme Court shall consist of a Chief Justice and four Associate Justices.
SEC. 9. There shall be two terms of the Supreme Court held at the seat of Government of the State in each year, commencing on the first Monday in January, and first Monday in June, and continuing as long as the public interest may require.
SEC. 10. The Supreme Court shall have jurisdiction to review, upon appeal, any decision of the courts below, upon any matter of law or legal inference; but no issue of fact it shall be tried before this court: and the court shall have power to issue any remedial writs necessary, to give it a general supervision and control of the inferior courts.
SEC. 11. 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. 12. The State shall be divided into twelve judicial districts, for each of which a Judge shall be chosen, who shall hold a Superior Court in each county in said District, at least twice in each year, to continue for two weeks, unless the business shall be sooner disposed of.
SEC. 13. Until altered by law, the following shall be the Judicial Districts: First District. Currituck, Perquimans, Hertford, Camden, Chowan, Bertie, Pasquotank, Gates; Second District. Tyrrell, Beaufort, Edgecombe, Hyde, Martin, Washington, Pitt; Third District. Craven, Greene, Wayne, Carteret, Onslow, Wilson, Jones, Lenoir; Fourth District. Brunswick, Columbus, Robeson, New Hanover, Bladen, Duplin Sampson; Fifth District. Cumberland, Richmond, Stanly, Harnett, Anson, Union, Moore, Montgomery; Sixth District. Northampton, Wake, Johnson, Warren, Nash, Halifax, Franklin; Seventh District. Person, Randolph, Caswell, Orange, Guilford, Rockingham, Chatham, Alamance; Eighth District. Stokes, Rowan, Surry, Forsyth, Davie, Davidson, Yadkin; Ninth District. Catawba, Lincoln, Rutherford, Cabarrus, Gaston, Polk, Mecklenburg; Tenth District. Iredell, Caldwell, Alexander, Burke, Wilkes, McDowall; Eleventh District. Alleghany, Mitchell, Buncombe, Ashe, Yancy, Watauga, Madison; Twelfth District. Henderson, Macon, Cherokee, Transylvania, Jackson, Haywood, Clay.
SEC. 14. Every Judge of a Superior Court shall reside in his District while holding his office. The Judges may exchange districts with each other with the consent of the Governor and the Governor, for good reasons, which he shall report to the Legislature at its current or next session, may require any Judge to hold one or more specified terms of said Courts in lieu of the Judge in whose district they are.
SEC. 15. The Superior Courts shall have exclusive original jurisdiction of all civil actions, whereof exclusive original jurisdiction is not given to some other courts; and of all criminal actions, in which the punishment may exceed a fine of fifty dollars or imprisonment for one month.
SEC. 16. The Superior Courts shall have appellate jurisdiction of all issues of law or fact, determined by a Probate Judge or a Justice of the Peace, where the matter in controversy exceeds twenty-five dollars, and of matters of law in all cases.
SEC. 17. The Clerks of the Superior Courts shall have jurisdiction of the probate of deeds, the granting of letters testamentary and of administration, the appointment of Guardians, the apprenticing of orphans, to audit the accounts of executors, administrators and guardians, and of such other matters as shall be prescribed by law. All issues of fact joined before them shall be transferred to the Superior Courts for trial, and appeals shall lie to the Superior Courts from their judgments in all matters of law.
SEC. 18. In all issues of fact, joined in any court, the parties may waive the right to have the same determined by jury, in which case the finding of the Judge upon the facts, shall have the force and effect of a verdict of a jury.
SEC. 19. 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. 20. The Clerk of the Supreme Court shall be appointed by the court, and shall hold his office for eight years.
SEC. 21. A Clerk of the Superior Court for each county, shall be elected by the qualified voters thereof, at the time and in the manner prescribed by law, for the election of members of the General Assembly.
SEC. 22. Clerks of the Superior Courts shall hold their offices for four years.
SEC. 23. The General Assembly shall prescribe and regulate the 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. 24. The laws of North Carolina, not repugnant to this Constitution, or to the Constitution and laws of the United States, shall be ill force until lawfully altered.
SEC. 25. 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. 26. The Justices of the Supreme Court shall be elected by the qualified voters of the State, as is provided for the election of members of the General Assembly. They shall hold their offices for eight years. The Judges of the Superior Courts shall be elected in like manner, and shall hold their offices for eight years; but the Judges of the Superior Courts elected at the first election under this Constitution, shall, after their election, under the superintendents of the Justices of the Supreme Court be divided by lot into two equal classes, one of which shall hold office for four years, the other for eight years.
SEC. 27. The General Assembly may provide by law that the Judges of the Superior Courts, 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. 28. 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. 29. 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 Supericr Courts, and advise the officers of justice in his district.
SEC. 30. 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 hold 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. 31. All vacancies occurring in the offices provided for by this article of this Constitution, shall be filled by the appointment of the Governor, unless otherwise provided for, and the appointees shall hold their places until the next regular election.
SEC. 32. 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. 33. The several Justices of the Peace shall have exclusive original jurisdiction under such regulations as the General Assembly shall prescribe, of all 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 one month.
When an issue of fact shall be joined before a Justice, on demand of either party thereto, he shall cause a jury of six men to be summoned, who shall try the same. The party against whom judgment shall be rendered in any civil action, may appeal to the Superior Court from the same, and, if the judgment shall exceed twenty-five dollars, there may be a new trial of the whole matter in the appelate court; but if the judgment shall be for twenty five dollars or less, then the case shall be heard in the appelate court, only upon matters of law. 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 proceedeings, and file the same with the Clerk of the Superior Court for his county.
SEC. 34. 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. 35. 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.

Article V.
Revenue and Taxations
SECTION 1. The General Assembly shall levy a capitation tax 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 per cent, thereof, be appropriated to the latter purpose.
SEC. 3. Laws shall be passed taxing, by a uniform rule, all monies, 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. The General Assembly shall, by appropriate legislation and by adequate taxation, provide for the prompt and regular payment of the interest on the public debt, and after the year1880, it shall lay a specific annual tax upon the real and personal property of the State, and the sum thus realized shall be set apart as a sinking fund, to be devoted to the payment of the public debt.
SEC. 5. Until the Bonds of the State shall be at par, the General Assembly shall have no power to contact 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 tax to pay the interest annually. And the General Assembly shall have no power to give or lend the credit of the State in aid of any person, association, or corporation, except to aid in the completion of such Rail Roads 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. 6. Property belonging to the State, or to municipal corporations, shall be exempt from taxation. The General Assembly exempt cemeteries, and property held for educational, scientific, literary, charitable, or religious purposes; Also, wearing apparel , Arms for Muster, household and kitchen furniture, the Mechanical and agricultural implements of Merchants and farmers, libraries and scientific instruments, to a value not exceeding three hundred dollars.
SEC. 7. The taxes levied by the commissioners of the several counties, for county purposes, shall be levied in like manner with the State taxes and shall never exceed the double of the State tax, except for a special purpose, and with the special approval of the General Assembly.
SEC. 8. 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 this state twelve months next preceeding the election, and thirty days in the county, in which he offers to vote, shall be deemed an elector.
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 persons 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 same into convenient districts, to determine the boundaries and prescribe the names of the said districts, and report the same to the General Assembly before the first day of January, 1869.
SEC. 4. Upon the approval of the reports provided for in the foregoing section, by the General Assembly, the said districts shall have corporate powers for the necessary 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 township as may be prescribed by law. The General Assembly may provide for the election of a larger number of Justices of the Peace in cities and towns and in those townships in which cities and towns 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 duties 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 also 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 or 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.
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 corporations 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 associations 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 credit, so as to prevent abuses in assessments and in contracting debts, by such municipal corporation.

Article IX
SECTION 1. Religion, morality, and knowledge being necessary to good government and happiness of mankind, schools, and the means of education, shall forever be encouraged.
SEC. 2. The General Assembly at its 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.
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 afore said requirement 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 specially appropriated by the United States or heretofore by this State; also all monies, stocks, bonds, and other property now belonging to any fund for purposes of Education; also the net proceeds that may accrue to the State from sales of estrays or from fines, penalties and forfeitures; also the proceeds of all sales of the swamp lands belonging to the State; also all money that shall be paid as an equivalent for exemptions from military duty; also, all grants, gifts, or devises that may hereafter be made to this State, and not otherwise appropriated by the grant, gift, or devise, shall be securely invested, and sacredly preserved as an irreducible educational fund, the annual income of which, together with so much of the ordinary revenue of the State as may be necessary, shall be faithfully appropriated for establishing and perfecting, in this State, a system of Free Public Schools, and for no other purposes or uses whatsoever.
SEC. 5. The University of North Carolina with its lands, emoluments, and franchises is under the Control of the State, and shall be held to an inseparable connection with the Free Public School System of the State.
SEC. 6. 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 thereafter accrue from escheats, unclaimed dividends or distributive shares of the estates of deceased persons, shall be appropriated to the use of the University.
SEC. 7. The Governor, Lieutenant-Governor, Secretary of State, Treasurer, Auditor, Superintendent of Public Works, Superintendent of Public Instruction, and Attorney General shall constitute a State Board of Education.
SEC. 8. The Governor shall be President, and the Superintendent of Public Instruction shall be Secretary of the Board of Education.
SEC. 9. 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 by the General Assembly, and when so altered, amended or repealed they shall not be reenacted by the Board.
SEC. 10. The first session of the Board of Education shall be held at the Capital 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. 11. A majority of the Board shall constitute a quorum for the transaction of business.
SEC. 12. The contingent expenses of the Board shall be provided for by the General Assembly.
SEC. 13 The Board of Education shall elect Trustees for the University, as follows: One trustee for each County in the State, whose term of office shall be eight years. The first meeting of the Board shall be held within ten days after their election, and at this and every subsequent meeting, ten Trustees shall constitute a quorum. The Trustees, at their first meeting, shall be divided, as equally as may be, into four classes. The seats of the first class shall be vacated at the expiration of two years; of the second class at the expiration of four years; of the third class at the expiration of six years; of the fourth class at the expiration of eight years; so that one fourth may be chosen every second year.
SEC. 14. The Board of Education and the President of the University, shall be ex officio members of the Board of Trustees of the University; and shall, with three other Trustees to be appointed by the Board of Trustees, constitute the Executive Committee of the Trustees of the University of North Carolina, and shall be clothed with the powers delegated to the Executive Committee under the existing organization of the Institution. The Governor shall be ex ogeio President of the Board of Trustees and Chairman of the Executive Committee of the University. The Board of Education shall provide for the more perfect organization of the Board of Trustees.
SEC. 15. All the privileges, rights, franchises and endowments heretofore granted to, or conferred upon, the Board of Trustees of the University of North Carolina by the Charter of 1789, or by any subsequent legislation, are hereby vested in the Board of Trustees, authorized by this Constitution, for the perpetual benefit of the University.
SEC. 16. 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. 17. 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 of not less than sixteen months, unless educated by other means.

Article X.
Homesteads 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 dwelling 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 dwelling and buildings used thereon, owned and occupied by any resident of this State, and not exceeding the value of one thousand dollars, shall be exempted 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 section 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 dies, leaving a widow, but no children the same shall be exempt from the debts of her husband, and the rents and profits thereof shall insure to her benefit, during her widowhood, unless she be the owner of a Homestead, in her own right.
SEC. 6. The real personal property of any female in this State, acquired before marriage, 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, or requeathed, and, with the written assent of her husband, conveyed, by her, as if she were unmarried.
SEC. 7. The husband may insure his own life for the sole use and benefit of his wife and children, and in case of the death of the husband, the amount thus insured, shall be paid over to the wife and children, or the guardian, if under age, for her, or their own use, free from all the claims of the representatives of the husband, or any of his creditors.
SEC. 8. Nothing contained in the foregoing sections of this Article shall operate to prevent the owner of a 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 dis-qualification to hold and enjoy any office of honor, trust, or profit, under this State.
SEC. 2. The object of punishments, being not only to satisfy justice, but also to reform and offender, and through 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 States' Prison or Penitentiary at some central and accessible point with 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 superintendents of penal institutions of the State, the county jails, and city police prisons, secure the health and comfort of the prisoners, and that male and female prisoners be never confined in the same room or cell.
SEC. 7. Beneficient provision for the poor, the unfortunate and orphan, being one of the first duties of a civilized and a Christian State, The General Assembly shall, at its first
session, appoint and define the duties of a Board of Public Charities, to whom shall be intrusted 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 for, educated, and taught some business or trade.
SEC. 9. It shall be the duty of the Legislature, as soon as practicable, to devise means for the education of idiots and inebriates.
SEC. 10. The General Assembly shall provide that all the deaf mutes, the blind, and the insane of the State shall be cared for at the charge of the State.
SEC. 11. It shall be steadily kept in view by the 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 creations.

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 adverse to bearing arms, from religious scruples, shall be exempt therefrom.
SEC. 2. The General Assembly shall provide for the organizing, 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 have power to call out the Militia to execute the law, suppress riots or insurrection, 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 shall be called by the General Assembly unless by the concurrence of two-thirds of all the members of each House of 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 read three times in each House of the General Assembly and agreed to by three-fifths of the whole number of members of each House, respectively; nor shall any alteration take place until the bill, so agreed to, shall have been published six months previous to a new election of members to the General Assembly. If, after such publication, the alteration proposed by the preceding General Assembly shall be agreed to, in the first session thereafter, by two-thirds of the whole representation in each House of the General Assembly, after the same shall have been read three times on three several days in each House, then the said General Assembly shall prescribe a mode by which the amendment or amendments may be submitted to the qualified voters of the House of Representatives throughout the State; and if, upon comparing the votes given in the whole State, it shall appear that a majority of the voters voting thereon have approved thereof, then, and not otherwise, the same shall become part of the Constitution.

Article XIV
Miscellaneous
SECTION 1. All indictments which shall have been found, or may hereafter be found, for any crime or offence committed before the Constitution takes effect, may be preceeded 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 therefore, or agree to go out of this State to fight a duel, shall hold any office in this State.
SEC. 3. No money shall be drawn from the Treasury but in consequence of 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 in 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 in this State shall remain at the city of Raleigh.
SEC. 7. No person shall hold more than one lucrative office under the State at the same time; Provided, That officers in the Militia, Justices of the Peace, Commissioners of Public Charities and Commissioners appointed for special purposes, shall not be considered officers within the meaning of this section.

Done at Convention at Raleigh, the sixteenth day of March in the year of our Lord, one thousand eight hundred and sixty eight, and of the Independence of the United States, the ninety second.

AMENDMENTS

AMENDMENT OF 1789
AN ORDINANCE TO ENABLE THE FREEMAN OF THE TOWN OF FAYETTEVILLE TO SELECT A MEMBER TO REPRESENT SAID TOWN ON THE SAME TERMS WITH THE OTHER TOWNS IN THE STATE.

AMENDMENTS OF 1835

Article I.

Section 1.
1. The senate of this State shall consist of fifty representatives, biennially chosen by ballot, and to be elected by districts; which districts shall be laid off by the general assembly, at its first session after the year one thousand eight hundred and forty-one; and afterwards, at its first session after the year one thousand eight hundred and fifty-one; and then every twenty years thereafter, in proportion to the public taxes paid into the treasury of the State, by the citizens thereof; and the average of the public taxes paid by each county into the treasury of the State, for the five years preceding the laying off of the districts, shall be considered as its proportion of the public taxes, and constitute the basis of apportionment: Provided that no county shall be divided in the formation of a senatorial district. And when there are one or more counties having an excess of taxation above the ratio to form a senatorial district, adjoining a county or counties deficient in such ratio, the excess or excesses aforesaid shall be added to the taxation of the county or counties deficient; and if, with such addition, the county or counties receiving it shall have the requisite ratio, such county and counties each shall constitute a senatorial district.
2. The house of commons shall be composed of one hundred and twenty representatives, biennially chosen by ballot, to be elected by counties according to their federal population, that is, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons; and each county shall have at least one member in the house of commons, although it may not contain the requisite ratio of population.
3. This apportionment shall be made by the General Assembly, at the respective times and periods when the districts for the senate are hereinbefore directed to be laid off; and the said apportionment shall be made according to an enumeration to be ordered by the General Assembly, or according to the census which may be taken by order of Congress, next preceding the making such apportionment.
4. In making the apportionment in the house of commons, the ratio of representation shall be ascertained by dividing the amount of federal population in the State, after deducting that comprehended within those counties which do not severally contain the one hundred and twentieth part of the entire federal population aforesaid, by the number of representatives less than the number assigned to the said counties. 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 as signed two representatives, and so on progressively; and then the remaining representatives shall be assigned severally to the counties having the largest fractions.

Section 2.
1. Until the first session of the General Assembly, which shall be had after the year eighteen hundred and forty-one, the senate shall be composed of members to be elected from the several districts hereinafter named, that is to say, the first district shall consist of the counties of Perquimans and Pasquotank; the 2nd district of Camden and Currituck; the 3rd district, Gates and Chowan; the 4th district, Washington and Tyrrell; the 5th district, Northampton; the 6th district, Hertford; the 7th district, Bertie; the 8th district, Martin; the 9th district, Halifax; the 10th district, Nash; the 11th district, Wake; the 12th district, Franklin; the 13th district, Johnston; the 14th district, Warren; the 15th district, Edgecombe; the 16th district, Wayne; the 17th district, Greene and Lenoir; the 18th district, Pitt; the 19th district, Beaufort and Hyde; the 20th district, Carteret and Jones; the 21st district, Craven; the 22d district, Chatham; the 23d district, Granville; the 24th district, Person; the 25th district, Cumberland; the 26th district, Sampson; the 27th district, New Hanover; the 28th district, Duplin; the 29th district, Onslow; the 30th district, Brunswick, Bladen, and Columbus; the 31st district, Robeson and Richmond; the 32d district, Anson; the 33d district, Cabarrus; the 34th district, Moore and Montgomery; the 35th district, Caswell; the 36th district, Rockingham; the 37th district, Orange; the 38th district, Randolph; the 39th district, Guilford; the 40th district, Stokes; the 41st district, Rowan; the 42d district, Davidson; the 43d district, Surry; the 44th district, Wilkes and Ashe; the 45th district, Burke and Yancey; the 46th district, Lincoln; the 47th district, Iredell; the 48th district, Rutherford; the 49th district, Buncombe, Haywood and Macon; the 50th district, Mecklenburg:-each district to be entitled to one senator.
2. Until the first session of the General Assembly after the year eighteen hundred and forty-one, the house of commons shall be composed of members elected from the counties in the following manner, viz.: The counties of Lincoln and Orange shall elect four members each. The counties of Burke, Chatham, Granville, Guilford, Halifax, Iredell, Mecklenburg, Rowan, Rutherford, Surry, Stokes, and Wake shall elect three members each. The counties of Anson, Beaufort, Bertie, Buncombe, Cumberland, Craven, Caswell, Davidson, Duplin, Edgecombe, Franklin, Johnston, Montgomery, New Hanover, Northampton, Person, Pitt, Randolph, Robeson, Richmond, Rockingham, Sampson Warren, Wayne, and Wilkes shall elect two members each. The counties of Ashe, Bladen, Brunswick, Camden, Columbus, Chowan, Currituck, Carteret, Cabarrus, Gates, Greene, Haywood, Hertford, Hyde, Jones, Lenoir, Macon, Moore, Martin, Nash, Onslow, Pasquotank, Perquimans, Tyrrell, Washington, and Yancey shall elect one member each.

Section 3
1. Each member of the senate shall have usually resided in the district for which he is chosen for one year immediately preceding his election, and for the same time shall have possessed and continued to possess in the district which he represents, not less than three hundred acres of land in fee.
2. All free men of the age of twenty-one years (except as is hereinafter declared), who have been inhabitants of any one district within the State twelve months immediately preceding the day of any election, and possessed of a freehold within the same district of fifty acres of land, for six months next before and at the day of election, shall be entitled to vote for a member of the senate.
3. No free Negro, free mulatto, or free person of mixed blood, descended from Negro ancestors to the fourth generation inclusive (though one ancestor of each generation may have been a white person) shall vote for members of the senate or house of commons.

Section 4.
1. In the election of all officers, whose appointment is conferred on the General Assembly by the constitution, the vote shall be viva voce.
2. The General Assembly shall have power to pass laws regulating the mode of appointing and removing militia officers.
3. 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.
4. The General Assembly shall not have power to pass any private law to alter the name of any person, or to legitimate any persons 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.
5. The General Assembly shall not pass any private law, unless it shall be made to appear that thirty days' notice of application to pass such law shall have been given, under such directions and in such manner as shall be provided by law.
6. If vacancies shall occur by death, resignation, or otherwise, before the meeting of the General Assembly, writs may be issued by the governor, under such regulations as may be prescribed by law.
7. The General Assembly shall meet biennially, and at each biennial session shall elect, by joint vote of the two houses, a secretary of state, treasurer and Council of State, who shall continue in office for the term of two years.

Article II.
1. The governor shall be chosen by the qualified voters for the members of the house of commons, at such time and places as members of the General Assembly are elected.
2. He shall hold his office for the term of two years from the time of his installation, and until another shall be elected and qualified; but he shall not be eligible more than four years in any term of six years.

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