Part 4

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.

[Sidenote: Inebriates and idiots.]

SEC. 9. It shall be the duty of the Legislature, as soon as practicable, to devise means for the education of idiots and inebriates.

[Sidenote: Deaf-mutes, blind and insane.]

SEC. 10. The General Assembly may provide that the indigent, deaf-mute, blind and insane of the State shall be cared for at the charge of the State.

[Sidenote: Self-supporting.]

SEC. 11. It shall be steadily kept in view by the Legislature and the Board of Public Charities, that all penal and charitable institutions should be made as nearly self-supporting as is consistent with the purposes of their creation.

ARTICLE XII.

MILITIA.

[Sidenote: Who are liable to militia duty.]

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 do duty in the militia: _Provided_, that all persons who may be averse to bearing arms, from religious scruples, shall be exempt therefrom.

[Sidenote: Organizing, etc.]

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.

[Sidenote: Governor commander in chief.]

SEC. 3. The Governor shall be Commander in Chief, and shall have power to call out the militia to execute the law, suppress riots or insurrection, and to repel invasion.

[Sidenote: Exemptions.]

SEC. 4. The General Assembly shall have power to make such exemptions as may be deemed necessary, and enact laws that may be expedient for the government of the militia.

ARTICLE XIII.

AMENDMENTS.

[Sidenote: Convention, how called.]

SECTION 1. No convention of the people of this State shall ever be called by the General Assembly, unless by the concurrence of two-thirds of all the members of each House of the General Assembly, and except the proposition, Convention or No Convention, be first submitted to the qualified voters of the whole State, at the next general election in a manner to be prescribed by law. And should a majority of the votes cast be in favor of said convention, it shall assemble on such day as may be prescribed by the General Assembly.

[Sidenote: How the Constitution may be altered.]

SEC. 2. No part of the Constitution of this State shall be altered unless a bill to alter the same shall have been agreed to by three-fifths of each House of the General Assembly. And the amendment or amendments so agreed to shall be submitted at the next general election to the qualified voters of the whole State, in such a manner as may be prescribed by law. And in the event of their adoption by a majority of the votes cast, such amendment or amendments shall become a part of the Constitution of the State.

ARTICLE XIV.

MISCELLANEOUS.

[Sidenote: Indictments.]

SECTION 1. All indictments which shall have been found, or may hereafter be found, for any crime or offense committed before this Constitution takes effect, may be proceeded upon in the proper courts, but no punishment shall be inflicted which is forbidden by this Constitution.

[Sidenote: Penalty for fighting duel.]

SEC. 2. No person who shall hereafter fight a duel, or assist in the same as a second, or send, accept, or knowingly carry a challenge therefor, or agree to go out of the State to fight a duel, shall hold any office in this State.

[Sidenote: Drawing money.]

SEC. 3. No money shall be drawn from the treasury but in consequence of appropriations made by law; and an accurate account of the receipts and expenditures of the public money shall be annually published.

[Sidenote: Mechanic's lien.]

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.

[Sidenote: Governor to make appointments.]

SEC. 5. In the absence of any contrary provision, all officers of this State, whether heretofore elected, or appointed by the Governor, shall hold their positions only until other appointments are made by the Governor, or, if the officers are elective, until their successors shall have been chosen and duly qualified according to the provisions of this Constitution.

[Sidenote: Seat of government.]

SEC. 6. The seat of government of this State shall remain at the city of Raleigh.

[Sidenote: Holding office.]

SEC. 7. No person, who shall hold any office or place of trust or profit under the United States, or any department thereof, or under this State, or under any other State or government, shall hold or exercise any other office or place of trust or profit under the authority of this State, or be eligible to a seat in either House of the General Assembly: _Provided_, that nothing herein contained shall extend to officers in the militia, justices of the peace, commissioners of public charities, or commissioners for special purposes.

[Sidenote: Intermarriage of whites and negroes prohibited.]

SEC. 8. All marriages between a white person and a negro, or between a white person and a person of negro descent to the third generation inclusive, are hereby forever prohibited.

INDEX TO STATE CONSTITUTION

Art. Sec.

Abuses in assessments and contracting debts by municipal corporations, general assembly to prevent; 8 4

Actions at law and equity suits, no distinction; 4 1 Pending when constitution took effect; 4 20

Acts of general assembly, style of; 2 21 Levying taxes, must state object; 5 7

Agriculture, department of; 3 17 In connection with university; 9 14

Alimony, general assembly does not secure; 2 10

Allegiance to U. S. Government; 1 5

Amendments; 13 Do not vacate existing offices; 4 33

Answer to criminal charge; 1 12

Apportionment of senators and representatives; 2 4-5-6

Arms, right to bear; 1 24

Article seven, general assembly may modify or repeal certain sections; 7 14

Assemblage, right of; 1 25

Attorney-general advises executive; 3 14 Duties of; 3 13

Auditor, duties of; 3 13

Bail, excessive; 1 14

Ballot, elections to be by; 6 3

Bills of general assembly, read three times; 2 23

Blind provided for; 11 10

Board of charities; 11 7

Boundaries of state; 1 34

Capitation tax, application of proceeds from; 5 2 Exempts; 5 1

Capital punishment; 11 2

Charities, public; 11 Deaf-mutes and the blind; 11 10 Idiots and inebriates; 11 9 Provision for orphans and the poor; 11 7 Self-supporting, as far as possible; 11 14

Cities organized by legislation; 8 4

Citizenship, restoration to; 2 11

Civil and criminal actions; 4 1

Claims against the state; 4 9

Clerk of superior court, election of; 4 10 Removal for inability; 4 32

Clerk of Supreme court; 4 15 Terms of office of; 4 17 Removal of; 4 32

Commutations; 3 6

Compulsory education, general assembly may provide; 9 15

Concealed weapons, carrying not justified; 1 24

Constitution, how changed; 13 2

Controversies at law about property; 1 19

Convention, how called; 13

Convict labor; 11 1

Coroner and sheriff; 4 24

Corporations, municipal; 7 Charters remain in force till legally changed; 7 12 Power of general assembly over; 7 12

Corporations other than municipal; 8 Debts of, how secured; 8 2 Definition of; 8 3 Under general laws; 8 1

Correction, houses of; 11 4

Council of state; 3 14

Counsel allowed defendant; 1 11

County commissioners, election and duty of; 7 1-2

Counties, commissioners divide, into districts; 7 3 Districts have corporate powers as townships; 7 4 Majority of voters necessary to levy taxes, etc.; 7 7 Money, how drawn from its treasury; 7 8 Officers enter on duty, when; 7 10 Of townships; 7 5 School districts; 9 3 Fund; 9 5 Taxes to be ad valorem; 7 9 Township trustees assess property; 7 6

County treasurer; 7 1

Courts to be open; 1 35 Kinds of; 4 2

Criminal charges, answer to; 1 12

Criminal and civil actions; 4 1 Courts for cities and towns; 4 14 Prosecutions; 1 11

Deaf-mutes provided for; 11 10

Death punishment; 11 2

Debt does not affect homestead; 10 3 County, city or town cannot contract, except by majority of qualified voters; 7 7 Imprisonment for; 1 16 In aid of rebellion, void; 7 13

Debt, restrictions upon increase of public, etc.; 5 4 What bonds declared invalid; 1 6 Declaration of rights; 1

Department of agriculture; 3 17

Divorce, general assembly does not grant; 2 17

Disqualification for office; { 6 5 { 14 7 Dueling disqualifies; 14 2

Education, board of; 9 8 Officers; 9 9 Expenses; 9 13 County school fund; 9 5 Encouraged; { 9 1 { 1 27 First session of; 9 11 Power of; 9 10 Property devoted to; 9 4-5 Quorum; 9 12

Election of officers by general assembly, viva voce; 2 9

Elections, by people and general assembly; 6 3 Contested, returns of; 3 3 Free; 1 10 Frequent; 1 28

Electors, oath of office of; 6 4 Qualifications of; 6 1 Registration of; 6 2

Eligibility to office; 6

Emoluments, exclusive, none; 1 7 Hereditary; 1 30

Entails to be regulated; 2 15

Enumeration of rights, not to impair others retained by people; 1 37

Equity suits and actions at law, distinction abolished; 4 1 Pending when constitution took effect; 4 20

Evidence against himself, criminal not compelled to give; 1 11

Executive, attorney-general advises; 3 14 Department of; 3 Distinct; 1 8 Officers; 3 1 Compensation; 3 15 Duties; 3 13 Reports of; 3 7 Terms of office of; 3 1 Seal of state; 3 16 Vacancy in, how filled; 3 13

Exemption; 10 1 By reason of military duty, etc.; 12 4 Property of _feme covert_ not liable for husband's debts; 10 6

_Ex post facto_ laws; 1 32

Extra session of general assembly; 3 9

Feigned issues abolished; 4 1

_Feme sole_, property of, not liable for husband's debts; 10 6

Fines, excessive; 1 14

Freedom of the press; 1 20

Fundamental principles, frequent recurrence to; 1 29

General Assembly, acts, style of; 2 21 Article seven may be modified or repealed by; 7 14 Bills and resolutions read three times; 2 23 Compulsory education may be enforced by; 9 15 Election by; 6 3 Entails regulated by; 2 15 Extra sessions; { 2 28 { 3 9 Journals kept; 2 16 Protests entered on; 2 17 Members of; 2 24 Assemble when; 2 2 Election for, when held; 2 27 Office a disqualification; 14 7 Terms commence with election; 2 25 Vacancies, how filled; 2 13 Municipal corporations controlled by; 7 14 Names, personal not changed by; 2 11 Officers of, election, viva voce; 2 9 Pay of; 2 28 President of senate; 2 19 Speaker of house; 2 18 Powers of; 2 22 In relation to divorce and alimony; 2 10 Representation apportioned by; 2 4-5 Revenue; 2 14 Schools provided by; 9 2 University to be maintained by; 9 6-7 Yeas and nays; 2 14-26

Government, allegiance to U. S.; 1 5 Internal, of state; 1 3 Origin of; 1 2 Seat of, remains in Raleigh; 14 6

Governor, commands militia; 3 8 Commutations, pardons, reprieves; 3 6

Governor, compensation 3 15 Duties of 3 12 Extra sessions called by 3 9 Impeachment of 3 12 Justices of peace appointed by, when 7 11 Lieutenant, qualification of 3 2 Oath of office 3 4 Officers appointed by { 3 10 {14 5 Qualification of 3 2 Residence of 3 5 Vacancy in office of 3 12

_Habeas corpus_ 1 21

Hereditary emoluments 1 30

Homestead and exemption 10 2 Benefit of widow in 10 5 Exempted from debt 10 3 Laborer's lien attaches 10 4 Privy examination of wife to dispose of 10 8

House of correction 11 4 Orphans 11 8 Refuge 11 5

House of Representatives, representatives, apportionment 2 5 Officers of 2 18 Term begins when 2 25 Qualification for 2 8 Ratio of 2 6

Husband can insure life for benefit of family 10 7

Idiots provided for 11 9

Immigration, department of 3 17

Impeachment 4 4 Court of 4 3 Of governor 3 12

Imprisonment for debt 1 16 Except by law, wrong 1 17

Indictments for crimes committed before constitution took effect 14 1

Inebriates 11 9

Inferior courts 4 12 Officers of 4 30

Insane provided for 11 10

Institutions, charitable 11 Penal 11 Public, annual reports from 3 7 Self-supporting far as possible 11 11 Sexes to be separated 11 6

Instruction, superintendent of public 3 13

Intermarriage of whites and negroes prohibited 14 8

Internal government of state 1 3

Issues of fact, by whom tried and how waived 4 13

Judges, election, terms of, etc. 4 21 Fees, salaries, emoluments 4 18 Removal of, for inability 4 31 Residence of 4 11

Judicial Department 4 Districts for superior courts 4 10 General assembly not to deprive of jurisdiction 4 12 Powers, division of 4 2 Term of first officers under constitution 4 26 Vacancies 4 25

Judicial remedy allowed all 1 35

Judiciary distinct; 1 8

Jurisdiction, courts inferior to supreme; 4 12 Justices of the peace; 4 27 Supreme court; 4 8

Jury, right of; 1 13 Sacred and inviolable; 1 19 Trial by, waived; 4 13

Justices of the peace, governor appoints when; 7 11 Jurisdiction of; 4 27 Vacancies in office; 4 28

Laborers' and mechanics' lien; 14 4 Attaches homestead; 10 4

Law of the land, no person imprisoned, or deprived of life, etc., but by; 1 17

Laws, _ex post facto_ and retrospective; 1 32 Private, thirty days' notice before passage; 2 12 What in force; 4 19

Legislative, distinct; 1 8 Two branches of; 2 1

Legislature provides for organizing towns, etc.; 8 4 Trials other than jury; 1 13

Legitimation, general assembly can pass general laws for; 2 11

Liberty, deprivation of, except by law; 1 17 Religious; 1 26 Restraint of, remedied; 1 18 Warrants without evidence, dangerous to; 1 15

Lien of laborers and mechanics; 14 4

Lieutenant-governor, president of senate, duties of; 3 11 When governor; 3 12

Literary fund, board of education to succeed to rights of; 9 10

Marriages between whites and negroes forbidden; 14 8

Married woman, husband can insure life for benefit of; 10 7 Privy examination of, to dispose of homestead; 10 8 Property of, not liable for husband's debts; 10 6