shall elect fifteen delegates-at-large. The delegates so elected shall convene at the capitol on the first Tuesday of April next ensuing after their election and shall continue their session until the business of such convention shai have been completed. Every delegate shall receive for his services the same compensation and the same mileage as shall then be annually payable to th members of the Assembly. A majority of the convention shall constitute quorum for the transaction of business, and no amendment to the Constituti shall be submitted for approval to the electors as hereinafter provided, unies by the assent of a majority of all the delegates elected to the conventiva the yeas and nays being entered on the journal to be kept. The conventio shall have the power to appoint such officers, employees and assistants as may deem necessary, and fix their compensation and to provide for the prin ing of its documents, journal and proceedings. The convention shall dete mine the rules of its own proceedings, choose its own officers, and be t judge of the election, returns and qualifications of its members. In case a vacancy, by death, resignation or other cause, of any district delegate elec to the convention, such vacancy shall be filled by a vote of the remain delegates representing the district in which such vacancy occurs. If su vacancy occurs in the office of a delegate-at-large, such vacancy shall filled by a vote of the remaining delegates-at-large. Any proposed consti tion or constitutional amendment which shall have been adopted by convention, shall be submitted to a vote of the electors of the State at time and in the manner provided by such convention, at an election w shall be held not less than six weeks after the adjournment of such convent Upon the approval of such constitution or constitutional amendments, in manner provided in the last preceding section, such constitution or cons tional amendment shall go into effect on the first day of January next such approval.

SEC. 3. Any amendment proposed by a constitutional convention rela to the same subject as an amendment proposed by the Legislature, coincide submitted to the people for approval at the general election held in the one thousand eight hundred and ninety-four, or at any subsequent elec shall, if approved, be deemed to supersede the amendment so proposed the Legislature.

ARTICLE XV.

SECTION 1. This Constitution shall be in force from and including first day of January, one thousand eight hundred and ninety-five, excep herein otherwise provided.

Done in Convention at the Capitol in the city of Albany, the twenty day of September, in the year one thousand eight hundred and un four, and of the Independence of the United States of America one hundred and nineteenth,

In witness whereof, we have

CHARLES ELLIOTT FITCH,

Secretary.

hereunto subscribed our names. JOSEPH HODGES CHOATE, President and Delegate-at-Large

CONSTITUTION OF NORTH CAROLINA-1876.*

PREAMBLE.

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 govent may be recognized and established, and that the relations of this to the Union and Government of the United States, and those of the le of this State to the rest of the American people, may be defined and ned, we do declare:

SECTION 1. That we hold it to be self-evident that all men are created ; that they are endowed by their Creator with certain unalienable rights; among these are life, liberty, the enjoyment of the fruits of their own , and the pursuit of happiness.

EC. 2. That all political power is vested in, and derived from, the people; wernment of right originates from the people, is founded upon their will and is instituted solely for the good of the whole.

EC. 3. That the people of this State have the inherent, sole and exe right of regulating the internal government and police thereof, and of ng and abolishing their Constitution and form of government whenever y be necessary for their safety and happiness; but every such right I be exercised in pursuance of law, and consistently with the Constitution United States.

EC. 4. That this State shall ever remain a member of the American that the people thereof are part of the American Nation; that there right on the part of the State to secede, and that all attempts, from wer source or upon whatever pretext, to dissolve said Union, or to sever said a, ought to be resisted with the whole power of the State.

EC. 5. That every citizen of this State owes paramount allegiance to onstitution and Government of the United States, and that no law or nce of the State in contravention or subversion thereof can have any g force.

Ec. 6. The State shall never assume or pay, or authorize the collection y debt or obligation, express or implied, incurred in aid of insurrection ellion against the United States, or any claim for the loss or emancipaf any slave; nor shall the General Assembly assume or pay, or authorize llection of any tax to pay, either directly or indirectly, expressed or imany debt or bond incurred, or issued, by authority of the Convention year one thousand eight hundred and sixty-eight, nor any debt or bond ed or issued by the Legislature of the year one thousand eight hundred and eight, either at its special session of the year one thousand eight hundred xty-eight or at its regular sessions of the years one thousand eight hundred xty-eight and one thousand eight hundred and sixty-nine, and one thousand hundred and sixty-nine and one thousand eight hundred and seventy, the bonds issued to fund the interest on the old debt of the State, The constitution of North Carolina was drafted by a convention which assembled leigh on Sept. 6, 1875, and adjourned on Oct. 11, 1875. The constitution of 1868 sed as a basis for the drafting of the constitution of 1876 and in several particule convention was forbidden to make any changes. The constitution was ratified electors 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 people and by them ratified by the vote of a majority of all the qualified vo of the State, at a regular election held for that purpose.1

SEC. 7. No man or set of men are entitled to exclusive or separate em ments or privileges from the community but in consideration of public servi SEC. 8. The legislative, executive and supreme judicial powers of government ought to be forever separate and distinct from each other.

SEC. 9. All powers of suspending laws, or the execution of laws, by authority, without the consent of the representatives of the people, is 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 të informed of the accusation against him and to confront the accusers and nesses with other testimony, and to have counsel for his defence, and n compelled to give evidence against himself, or to pay costs, jail fees, or sary witness fees of the defence, unless found guilty.

SEC. 12. No person shall be put to answer any criminal charge, as hereinafter allowed, but by indictment, presentment or impeachment. SEC. 13. No person shall be convicted of any crime but by the mous verdict of a jury of good and lawful men in open court. The ture may, however, provide other means of trial for petit misdemeanors, 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 m commanded to search suspected places, without evidence of the act com or to seize any person or persons not named, whose offence is not partic described and supported by evidence, are dangerous to liberty and ought be granted.

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

SEC. 17. No person ought to be taken, imprisoned, or disseized freehold, liberties or privileges, or outlawed or exiled, or in any mans prived 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 re to inquire into the lawfulness thereof, and to remove the same, if uns and such remedy ought not to be denied or delayed.

SEC. 19. In all controversies at law respecting property, the a 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 l and therefore ought never to be restrained, but every individual stai 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 up modified by, property, therefore no property qualification ought to affed right to vote or hold office.

SEC. 23. The people of the State ought not to be taxed, or made sa 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 be fringed; and, as standing armies in time of peace are dangerous to they ought not to be kept up, and the military should be kept under s subordination to, and governed by, the civil power. Nothing herein cata shall justify the practice of carrying concealed weapons, or prevent the L lature from enacting penal statutes against said practice.

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

SEC. 25. The people have a right to assemble together to consult for r common good, to instruct their representatives, and to apply to the slature for redress of grievances. But secret political societies are danus to the liberties of a free people, and should not be tolerated. SEC. 26. All men have a natural and unalienable right to worship Ality God according to the dictates of their own consciences, and no human ority should, in any case whatever, control or interfere with the rights onscience.

SEC. 27. The people have the right to the privilege of education, and it e duty of the State to guard and maintain that right.

SEC. 28. For redress of grievances, and for amending and strengthening aws, elections should be often held.

SEC. 29. A frequent recurrence to fundamental principles is absolutely sary to preserve the blessings of liberty.

EC. 30. No hereditary emoluments, privileges or honors ought to be ed or conferred in this State.

EC. 31. Perpetuities and monopolies are contrary to the genius of a State, and ought not to be allowed.

EC. 32. Retrospective laws, punishing acts committed before the existof such laws, and by them only declared criminal, are oppressive, unjust ncompatible with liberty; wherefore no ex post facto law ought to be No law taxing retrospective sales, purchases, or other acts previously ought to be passed.

EC. 33. Slavery and involuntary servitude, otherwise than for crime, of the parties shall have been duly convicted, shall be and are hereby prohibited within the State.

EC. 34. The limits and boundaries of the State shall be and remain as jow are.

EC. 35.

All courts shall be open; and every person for an injury done à his lands, goods, person or reputation, shall have remedy by due course i, and right and justice administered without sale, denial or delay. EC. 36. No soldiers shall, in time of peace, be quartered in any house at the consent of the owner; nor in time of war but in a manner pred by law.

EC. 37.

This enumeration of rights shall not be construed to impair or others retained by the people; and all powers not herein delegated remain the people.

ARTICLE II.

LEGISLATIVE DEPARTMENT.

ECTION 1. The legislative authority shall be vested in two distinct hes, both dependent on the people, to wit, a Senate and House of Repreives. EC. 2.

The Senate and House of Representatives shall meet biennially e first Wednesday after the first Monday in January next after their elecand, when assembled, shall be denominated the General Assembly. Neither shall proceed upon public business unless a majority of all members are Hy present.

EC. 3. The Senate shall be composed of fifty Senators, biennially chosen llot.

SEC. 4. The Senate Districts shall be so altered by the General Assembly, e first session after the return of every enumeration by order of Congress, each Senate District shall contain, as near as may be, an equal number of itants, excluding aliens and Indians not taxed, and shall remain unaltered the return of another enumeration, and shall at all times consist of conus territory; and no county shall be divided in the formation of a Senate iet, unless such county shall be equitably entitled to two or more Senators. SEC. 5. The House of Representatives shall be composed of one hundred twenty Representatives, biennially chosen by ballot, to be elected by the ties respectively, according to their population, and each county shall have

at least one Representative in the House of Representatives, although it ma 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 po lation of the State, exclusive of that comprehended within those counties wh do not severally contain the one hundred and twentieth part of the populat of the State, by the number of Representatives, less the number assigned such counties; and in ascertaining the number of the population of the St aliens and Indians not taxed shall not be included. To each county cont 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 progressively, then the remaining Representatives shall be assigned severally to the coun having the largest fractions.

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

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

SEC. 9. In the election of all officers, whose appointment shall be ferred upon the General Assembly 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 di or secure alimony in any individual case.

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

SEC. 12. The General Assembly shall not pass any private law, unles 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 shal 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 pay of any debt or to impose any tax upon the people of the State, or allow 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 three several readings, which readings shall have been on three different and agreed to by each House respectively, and unless the yeas and nays the second and third readings of the bill shall have been entered on journal.

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

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

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

2 See Section 29, Article II, adopted in 1916.