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NSTITUTION OF NORTH CAROLINA-1876.*

PREAMBLE. pple of the State of North Carolina, grateful to Almighty God, ereign Ruler of Nations, for the preservation of the American and the existence of our civil, political and religious liberties, and -aging our dependence upon Him for the continuance of those to us and our posterity, do for the more certain security thereof, the better government of this State, ordain and establish this tion:

ARTICLE ).

DECLARATION OF RIGHTS. great, general and essential principles of liberty and free gov

be recognized and established, and that the relations of this Union and Government of the United States, and those of the is State to the rest of the American people, may be defined and do declare: 1. That we hold it to be self-evident that all men are created hey are endowed by their Creator with certain unalienable rights; these are life, liberty, the enjoyment of the fruits of their own le pursuit of happiness. That all political power is vested in, and derived from, the people; ut of right originates from the people, is founded upon their will instituted solely for the good of the whole. That the people of this State have the inherent, sole and exof regulating the internal government and police thereof, and of abolishing their Constitution and form of government whenever ecessary for their safety and happiness; but every such right -rcised in pursuance of law, and consistently with the Constitution 1 States. That this State shall ever remain a member of the American the people thereof are part of the American Nation; that there n the part of the State to secede, and that all attempts, from ce or upon whatever pretext, to dissolve said Union, or to sever said

to be resisted with the whole power of the State. That every citizen of this 'State owes paramount allegiance to ion and Government of the United States, and that no law or the State in contravention or subversion thereof can have any

l'he State shall never assume or pay, or authorize the collection or obligation, express or implied, incurred in aid of insurrection gainst the United States, or any claim for the loss or emancipalave; nor shall the General Assembly assume or pay, or authorize of any tax to pay, either directly or indirectly, expressed or imht or bond incurred, or issued, by authority of the Convention ne thousand eight hundred and sixty-eight, nor any debt or bond pued by the Legislature of the year one thousand eight hundred and ther at its special session of the year one thousand eight hundred t or at its regular sessions of the years one thousand eight hundred t and one thousand eight hundred and sixty-nine, and one thousand

and sixty-nine and one thousand eight hundred and seventy, bnds issued to fund the interest on the old debt of the State,

titution of North Carolina was drafted by a convention which assembled Sept. 6, 1875, and adjourned on Oct. 11, 1875. The constitution of 1868 basis for the drafting of the constitution of 1876 and in several particution was forbidden to make any changes. The constitution was ratified on Nov. 6, 1876, by a vote of 122,912 to 108,829.

unless the proposing to pay the same shall have first been submitted to the people and by them ratified by the vote of a majority of all the qualified roters of the State, at a regular election held for that purpose. 1

to or separate emri

are

ments or privileges from the community but in consideration of public service

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 powers of suspending laws, or the execution of laws, by auf authority, without the consent of the representatives of the people, is in jurious 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 informed of the accusation against him and to confront the accusers and wil nesses with other testimony, and to have counsel for his defence, and not compelled to give evidence against himself, or to pay costs, jail fees, or het sary witness fees of the defence, unless found guilty.

Sec. 12. No person shall be put to answer any criminal charge, esce as hereinafter allowed, but by indictment, presentment or impeachment.

SEC. 13. No person shall be convicted of any crime but by the una mous verdict of a jury of good and lawful men in open court. The legis ture may, however, provide other means of trial for petit misdemeanon, the right of appeal.

SEC. 14. Excessive bail should not be required, nor excessive fines posed, nor cruel or unusual punishments inflicted.

SEC. 15. General warrants, whereby any officer or messenger mat commanded to search suspected places, without evidence of the act como or to seize any person or persons not named, whose offence is not partician described and supported by evidence, are dangerous to liberty and ought meste be granted.

SEC. 16. There shall be no imprisonment for debt in this State, se in cases of fraud.

SEC, 17. No person ought to be taken, imprisoned, or disseized of freehold, liberties or privileges, or outlawed or exiled, or in any manner prived of his life, liberty or property, but by the law of the land.

SEO. 18. Every person restrained of his liberty is entitled to a res to inquire into the lawfulness thereof, and to remove the same, if unlad and such remedy ought not to be denied or delayed.

SEC. 19, In all controversies at law respecting property, the 410 mode of trial by jury is one of the best securities of the rights of the ple, and ought to remain sacred and inviolable.

SEC. 20. The freedom of the press is one of the great bulwarks of and therefore ought never to be restrained, but every individual skin held responsible for the abuse of the same.

Sec. 21. The privileges of the writ of habeas corpus shall not be pended.

SEC. 22. As political rights and privileges are not dependent u modified by, property, therefore no property qualification ought to after right to vote or hold office.

SEC. 23. The people of the State ought not to be taxed, or made to the payment of any impost or duty, without the consent of themselve their representatives in General Assembly, freely given.

SEC. 24. A well-regulated militia being necessary to the security free State, the right of the people to keep and bear arms shall not fringed; and, as standing armies in time of peace are dangerous to in they ought not to be kept up, and the military should be kept under subordination to, and governed by, the civil power. Nothing herein cost shall justify the practice of carrying concealed weapons, or prerent the lature from enacting penal statutes against said practice.

1 Amendment proposed by the general assembly of 1879 and ratified at the of Nov. 2, 1880. The original section concluded with the word "slave:" the po following the word "slave" is the amendment.

The people have a right to assemble together to consult for u good, to instruct their representatives, and to apply to the or redress of grievances. But secret political societies are danliberties of a free people, and should not be tolerated. All men have a natural and unalienable right to worship Alrecording to the dictates of their own consciences, and no human uld, in any case whatever, control or interfere with the rights

The people have the right to the privilege of education, and it f the State to guard and maintain that right.

For redress of grievances, and for amending and strengthening tions should be often held.

A frequent recurrence to fundamental principles is absolutely preserve the blessings of liberty.

No hereditary emoluments, privileges or honors ought to be onferred in this State.

Perpetuities and monopolies are contrary to the genius of a ad ought not to be allowed.

Retrospective laws, punishing acts committed before the existlaws, and by them only declared criminal, are oppressive, unjust ible with liberty; wherefore no ex post facto law ought to be w taxing retrospective sales, purchases, or other acts previously b, be passed.

Slavery and involuntary servitude, otherwise than for crime, parties shall have been duly convicted, shall be and are hereby pited within the State. The limits and boundaries of the State shall be and remain as

All courts shall be open; and every person for an injury done ds, goods, person or reputation, shall have remedy by due course ight and justice administered without sale, denial or delay.

No soldiers shall, in time of peace, be quartered in any house consent of the owner; nor in time of war but in a manner pre

This enumeration of rights shall not be construed to impair or

tained by the people; and all powers not herein delegated remain le.

ARTICLE II.

LEGISLATIVE DEPARTMENT. 1. The legislative authority shall be vested in two distinct

dependent on the people, to wit, a Senate and House of Repre

The Senate and House of Representatives shall meet biennially "ednesulay after the first Monday in January next after their elecin assembled, shall be denominated the General Assembly. Neither roceed upon public business unless a majority of all members are nt. The Senate shall be composed of fifty Senators, biennially chosen

'he Senate Districts shall be so altered by the General Assembly, ssion after the return of every enumeration by order of Congress,

te District shall contain, as near as may be, an equal number of <cluding aliens and Indians not taxed, and shall remain unaltered I'm of another enumeration, and shall at all times consist of conry; and no county shall be divided in the formation of a Senate s such county shall be equitably entitled to two or more Senators. l'he House of Representatives shall be composed of one hundred representatives, biennially chosen by ballot, to be elected by the tively, according to their population, and each county shall have

at least one Representative in the House of Representatives, althougb it me not contain the requisite ratio of representation; this apportionment shall made by the General Assembly at the respective times and periods when Districts for the Senate are hereinbefore directed to be laid off.

SEC. 6. In making the apportionment in the House of Representatives, ratio of representation shall be ascertained by dividing the amount of the popu lation of the State, exclusive of that comprehended within those counties wh do not severally contain the one hundred and twentieth part of the populati of the State, by the number of Representatives, less the number assigned such counties; and in ascertaining the number of the population of the se aliens and Indians not taxed shall not be included. To each county conty ing the said ratio and not twice the said ratio, there shall be assigned Representative; to each county containing twice but not three times the ratio, there shall be assigned two Representatives, and so on progressivels, then the remaining Representatives shall be assigned severally to the cour having the largest fractions.

SEC. 7. Each member of the Senate shall not be less than twenty years of age, shall have residel in the State as a citizen two years, and have usually resided in the District for which he is chosen one year immedis preceding his election.

SEC. 8. Each member of the House of Representatives shall be a qual elector of the State, and shall have resided in the county for which he is a for one year immediately preceding his election.

SEC. 9. In the election of all officers, whose appointment shall be ferred upon the General Issembly by the Constitution, the vote shall be voce.

Sec. 10. The General Assembly shall have power to pass general regulating divorce and alimony, but shall not have power to grant a dit or secure alimony in any individual case.

SEC, 11. The General Assembly shall not have power to pass any pri law to alter the name of any person, or to legitimate any person not born, lawful wedlock, or to restore to the rights of citizenship any person for of an infamous crime, but shall have power to pass general laws rerile the same.

SEC. 12. The General Assembly shall not pass any private law, unless shall be made to appear that thirty days notice of application to pass such shall have been given, under such direction and in such manner as sbat provided by law.2

SEC. 13. If vacancies shall occur in the General Assembly by death, nation or otherwise, writs of election shall be issued by the Governor under regulations as may be prescribed by law.

SEC. 14. No law shall be passed to raise money on the credit of State, or to pledge the faith of the State, directly or indirectly, for the past of any debt or to impose any tax upon the people of the State, or allora counties, cities or towns to do so, unless the bill for the purpose shall been read three several times in each House of the General Assembly and Le three several readings, which readings shall have been on three different and agreed to by each House respectively, and unless the yeas and name the second and third readings of the bill shall have been entered on journal.

SEC. 15. The General Assembly shall regulate entails in such mande to prevent perpetuities.

SEC. 16. Each house shall keep it journal of its proceedings, which be printed and made public immediately after the adjournment of the Gene Assembly.

Sec. 17. Any member of either House may dissent from and protest agai any act or resolve which he may think injurious to the public, or any individi and have the reasons of his dissent entered on the journal.

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$ The House of Representatives shall choose their own Speaker tficers.

The Lieutenant-Governor shall preside in the Senate, but shall te unless it may be equally divided.

The Senate shall choose its other officers and also a Speaker (pro the absence of the Lieutenant-Governor, or when he shall exere of Governor.

The style of the acts shall be: “The General Assembly of North enact."

Each House shall be judge of the qualifications and elections of ubers, shall sit. upon its own adjournment from day to day, prepare passed into laws; and the two Houses may also jointly adjourn re day or other place.

All bills and resolutions of a legislative nature shall be read three •h House before they pass into laws, and shall be signed by the icers of both' Houses.

Each member of the General Assembly, before taking his seat, u oath or affirmation that he will support the Constitution and laws MI States, and the Constitution of the State of North Carolina, and ly discharge bis duty as a member of the Senate or House of Repre

The terms of office for Senators and members of the House of ves shall commence at the time of their election.

l'pon motion made and seconded in either House by one-fifth of the sent, the yeas and nays upon any question shall be taken and enhe journals.

The election for members of the General Assembly shall be held Pctive districts and counties, at the places where they are now held, lirected hereafter to be held, in such manner as may be prescribed he first Thursday in August, in the year one thousand eight hundred

and every two years thereafter, But the General Assembly may ime of holding the elections.

The members of the General Assembly for the term for which they ected shall receive as a compensation for their services the sum of

per day for each day of their session, for a period not exceeding and should they remain longer in session they shall serve without

They shall also be entitled to receive ten cents per mile, both

to the seat of government and while returning home, and said be computed by the nea rest line or route of public travel. The com

the presiding officers of the two Houses shall be six dollars per eage. Should an extra session of the General Assembly be called, and presiding officers shall receive a like rate of compensation for exceeding twenty days.

The General Assembly shall not pass any local, private, or special Ition relating to the establishment of courts inferior to the Superior ing to the appointment of justices of the peace; relating to health, nd the abatement of nuisances; changing the names of cities, towns ps; authorizing the laying out, opening, altering, maintaining, or

of highways, streets or alleys; telating to ferries or bridges; re-navigable streams; relating to cemeteries; relating to the pay of ting new townships, or changing township lines, or establishing or lines of school districts; remitting fines, penalties, and forfeitures.

moneys legally paid into the public treasury; regulating labor, 5. or manufacturing: extending the time for the assessment or colxes or otherwise relieving any collector of taxes from the due per

his official duties or his sureties from liability; giving effect to Is and deeds; nor shall the General Assembly enact any such local, pecial act by the partial repeal of a general law, but the General y at any time repeal local, private, or special laws enacted by it. rivate, or special act or resolution passed in violation of the provi

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