Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1862-02-15
REPORT OF THE COMMITTEE ON The LEG
~ - ISLATIFE DEPARTMENT. u

=. - lSlAIIfE DEHAh1 MEM 81, =
8 The Legislative committee to whom was referred
all such parts of the Constitution relate to the
legislative department Of the government, and suns.
dry ordinances and resolutions proposing amend
IneBs thereto have considered the same and report:
~ That the result Of their a6ors will be found IN
the accompanying ordinance which they recon-
mend to the adoption of the Convention as enlbedy
ing the provisions NECESSARY for establishing and
regulating thelegslatye branch of the government,
All propositions of amendment to the CoHstitu-
ton which have been referred -toihem and not in
corporated in said ordinance, have upon full cor
sideration been disapproved by asmajority of the
committee. They, therefore, returnstb them herewith
TO the Convention and ask to be discharged from
their further consideration 49, 'ats't-@ -
Z = Respectfully. submitted,
WILL, A. GRAHAM,
AN ORDINANCE IN RELATION TO THE
LEGISLATIVE DEPARTMENT. OF THE CON
= SrITUTION 80.
Be 10 ordained By the Delegates Of the people of
North Carolina in Convention assembled That the
following articles, sections and clauses shall be,
and are hereby adopted as apart of the Constitu-
ton OF North. Carolina, and arranged therein next
after the declaration of rights, to-wit:
-gs -, ARTICLE. =. F..
The powers of government being divided into
three distinct departments-the Legislative Execu-
tive and Judicial-no person or persons belonging
TO or constituting any one of these departments
shall exercise any of the powers pertaining to any
other, except as herein expressly provided.
.. .. ARTICLE.
Every white male citizen of this State OF of the
Confederate States of TIE age of twentyone years,
who shall have been ]lomlcilcd in the State for
year and IN the county in which he claims to vote
six months next before the election and shall have
paid public tax, shall be entitled to vote for mem
oers OF the General Assembly, and fUr, all officers
that now are or may be elective by the people: Pro
r'dcd, That no pauper idiot, insane person. per-
son convicted OF infamous crime unless restored
by law to the rights OF citizenship, shall have the
right to vote: AAd, prOpided further That no per-
son IN the military, naval, marine service of the
Confederate States shall be considered as domiciled
in this State 10y OF his being stationed within
the same. The General Assembly may also pass
laws TO deprive persons Of the right of suffrage who
Shall have been convicted ofsbrbery in electiuns.-
No free negro, free rnulatto or free person Of mix
ed blood, descended from negro ancestors to the
fourth generation inclusive, though ancestor of
each generation may have been white person, shall
vote n any election.
ARTICLE.
SECTION l. The Legislative power shall be vested
in two distinct branches, both dependent on the
people, to-wit: y Senate and House OF Represen-
tatiVes which, when assembled, shall be denomina-
ted the General Assembly of North, Carolina.
2. The Senate shall consist of fifty members cho-
sen by ballot and in districts which districts shall
be laid off by the General ASSEMBLY at its first
sion after the year one thousand eight hundred and
sixty five, and every ten years thereafter in proper
ton 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 Treas
ury for the five years preceding the time of laying
OFT the districts, shall be considered its proportion
Of the public taxes, and constitute the basis of ap
portionment: Prcpided, That NJ county shall be
divdedn the formation Of a Senatorial district And
when there are one or more counties having
cess OF taxation above the ratio to form Senatorial
district adjoining county or counties deficient in
such ratio. such excess excuses shall be added
to the taxes 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 Senate
rial District.
g. The House Of Representatives shall consist of
one hundred and twenty members chosen by ballot,
in counties according ~ their respective numbers,
which shall be determined by adding to the whole
number of free persons including those bound to
service for term Of years, and including Indians
not taxed, three GhS of all other pers0ns and each
county shall have at least one member OF the House
Of Representatives, although it may not contain the
requisite ratio Of population. This apportionment
shall be made by the General Assembly at the times
and periods hereinbeiore appointed tor laying oil
Senatorial Districts, and uPon an enumeration Of
the inhabitants Of the Sta.e, which may he ordered
by law OF the census Ia u.ader the act OF Con-
gress next preceding such appointment. And IN
making such appointment, the ratio OF representa-
ton shall be ascertalned hy dividing the whole
amountof representative numbers of the State, de-
termined as aforesaid, after deducig that comPrc-
hended in those counties which do not seyerally
contain the one hundred and twentieth part thereof
by the number of representatives remaining alter
deducting the number ASST gnCd to the said counties
To each county containing the said ratio, and not
twice the SAID ratio there shall be assigned one rep
resentative; to each county containing twice the
said ratio and not three times the said ratio, there
shall be assigned two representatives, and so on,
progressively; and the Remaining representatives
Shall be assigned the counties having the largest
fractions.
t. Until the first session of the General Assem-
BLY, which shalt be held after the year thousand
eight hundred and sixty five, the apportonment OF
Senators and members Of the House of Represents
tves respectively, now existing by law, is adopted
and continued in full force, with change Of the
name of Commons to that Of Representatives.
g. The election OF members of the General As
semblv shall be biennial. on the day which IS or may
he appointed by law and their sessions annual, APP
pointed in like manner, except when convened by
the Governor in pursuance Of the authority vested
in him, but compensation Shall be allowed the
members thereof for a longer term than tOrtyhve
days at any one session.
g. The term of service of the members of the
Senate and House of Representatives, shall commence
on the day next succeeding the day OF their general
election and shall continue. until the day next
succeeding the general election of their successors
z. No person shall be member of the Senate