Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-07-05

consolidated the same as adopted on the elSteehVn
dav of December A. D., one thousand seven
hundred and seyenty-six with the amendments
thereto, which we're ratified on the eleventh day
of July, A. D., one thousand eight hundred and
thirty-five, together with sundry amendments
adopted in the years one thousand eight hundred
and fftv-six one thousand eight hundred and
sixty-one and one thousand eight hundred and
sixty-two, and other amendments adopted by this
Convention, DO ordaln and establish the following
Constitution of the State:
ARTICLE l.
DECLARATION RIGHTS.
SECTION l. All political power is vested in and
derived from the people only.
SEC q The people of this State ought to have
the sole and exclusive right of regulating the in
ternal government and police thereof.
SEC 3. Nor man or set of men are entitled to
exclusive separate emoluments or privileges
from the community but in consideration OF
public services.
SEC 4. The Legislative, executive and supreme
iudicia! powers of government ought to be forever
separate and distinct from each other.
SEC s. All power of suspending laws, the
execution of laws by any authority, without con-
sent of the representatives of the people, is inju
rious to their rights, and ought not to be eXer-
cised.
SEC g. Elections of members to serve as repre-
sentatives in General Assembly, ought to be free
SEC 7. In all criminal prosecutions every man
has 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 shall not be compelled to give evidence
against himself
SEC g. No freeman shall be put to answer any
criminal charge, except as hereinafter allowed but
ny Indictment, presentment, or impeachment.
SEC. g. No freeman shall be convicted of any
crime, but by the unanimous verdict of jury of
good and lawful men, in open court, as heretofore
used The Legislature may however, provide
other modes of trial for petty misdemeanors with
the right of appeal
SEC 10. Excessive bail should not be required
aor excessive fines imposed nor unusual punish
nents inflicted.
SEC II. General warrants, whereby any officer
or messenger may be commanded to search sus
nected places without evidence of the fact COM
mitted, or to seize any person or persons not
named whose offence i not particularly described
and supported by evidence, dangerous to lib
crtv. and ought not to be granted.
SEC H. No freeman ought to be taken, inpris-
nned, or disseized of his freehold, liberties priv
leges, outlawed, exiled, or in any man
Lar destroyed, or deprived of his life. liberty,
property, but by the law of the land
SEC Is Every freeman restrained of his iber-
~ is entitled to remedy to inquire into the law
fnlness thereof, and to remove the same if unlaw-
iul and such remedy ought not to be denied
delayed.
SEC Il In all controversies at law respecting
property, the ancient mode of trial by jury is
of the best securities of the rights of the people
and ought to remain sacred and inviolable.
SEC. ID. The freedom of the press is one of the
great bulwarks of liberty, and therefore ought
never to he restrained
SEC Ii, The people of this State ought not to
He taxed or made subject to the payment of any
irnDOst or duty without the consent of themselves
their representatives in General Assembly, free
" given.
SEC. II. The people have right to bear arms
for the defence of the State land as standing armies
IN the time of peace dangerous to liberty, they
ought not TO be kept up; and the military should
nc kept under strict subordination to, and gov
,rned by the civil power
SEC. Is. The people have right to assemble to-
10 fOrf hnIr norOlOn God to in
struct their representatives and to apply to the
Legislature for redress of grievances.
SEC. 10. All men have a natural and unalena-
BILE right to worship Almighty God according to
the dictates of their own cOnsciences.
SEC. 90. For redress of grievances, and for
amending and strengthening the laws elections
ought to he often held.
SEC. 81. A frequent recurrence to fundamental
principles is absolutely necessary to preserve the
blessings of liberty.
SEC. %. No hereditary emoluments privileges,
or honors ought to he granted conferred in this
State.
SEC. %. Perpetuities and Inonopo1ies are con-
trary to the genius of free State, and ought not
TO be allowed.
Sec. u. RETROSPECTIVE laws furnishing facts
committed before the existence Of such laws, and
by them only declared criminal, oppressive,
unjust and incompatible with liberty; wherefore,
ec post .ti.cto law ought to be made.
Sec. %. Slavery and involuntary servitude
otherwise than for crimes, whereof the parties
shall have been dull convicted, shall be, and Is
hereby forever prohibited within the State.
SEC 26. The limits and boundaries of the State
shall be and remain as they now are.
SEC. p. All courts shall be open, and every
person, for injury done him in his lands, goods,
person reputation, shall have remedy by due
of law, and right and justice administered
without sale, denial OF delay.
Sec. 2S. No soldier SHALL in time of peace, be
quartered in any house without the consent of
the owner; in time of war, but in manner
to be prescribed by law.
ARTICLE II
LEGISLATIVE DEPARTMENT.
SECTION. 1. The legislative authority shall be
vested in two distinct branches, both dependent
on the people, tO-wit Senate and House of Com
mons.
SEC . The Senate shall consist of fifty repre-
sentatives biennally chosen by ballot, and elect
ed by districts; which districts shall remain as
they until the first session of the General AS
sembly after the year one thousand eight hundred
and seyenty-One and at such session, and then
every ten years thereafter shall be laid off by the
General Assembly, 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 three years proceeding the laying
off of the districts shall be considered its pro-
portion of the public taxes and constitute the ba
sis of appOrtiOnment PgOrfded That no county
shall be divided in the formation of a Senatorial
district and when there are one or more cOun-
ties, having an excess of taxation above the ratio
TO form Senatorial district, adjoining a county or
counties deficient in such ratio, the excess or ex-
cesses 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 Senatorial district.
SEC. :. The House of Commons shall be COM