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139. The Legislature shall provide by law for its further organization and government, but shall be under no obligation to contribute to the establishment or support of said University by appropriations.
Mode of Revising the Constitution.
ART. 140. Any amendment or amendments to this Constitution may be proposed in the Senate or House of Representatives, and if the same shall be agreed to by three-fifths of the members elected to each house, and approved by the Governor, such proposed amendment or amendments shall be entered on their journals with the yeas and nays taken thereon, and the Secretary of State shall cause the same to be published, three months before the next general election, in at least one newspaper in French and English, in every parish in the State in which a newspaper shall be published; and if in the Legislature next afterwards chosen, such proposed amendment or amendments shall be agreed to by a majority of the members elected to each house, the Secretary of State shall cause the same again to be published in the manner aforesaid, at least three months previous to the next general election for representatives to the State Legislature, and such proposed amendment or amendments shall be submitted to the people at said election; and if a majority of the qualified electors shall approve and ratify such amendment or amendments, the same shall become a part of the Constitution; if more than one amendment be submitted at a time, they shall be submitted in such manner and form that the people may vote for or against each amendment separately.
THIS State was originally included in the charter of North Carolina. The Territory was ceded to the United States in 1790, and a territorial government was formed, called the Territory south-west of the Ohio river. In 1796, it was admitted into the union as a State. Its Constitution, which was then adopted, was revised and amended in 1835.
Area, 45,600 sq. m. Pop. in 1850, 1,002,625 of whom 239,461 were slaves, and 6,271 free blacks.
ARTICLE I-Declaration of Rights.
SEC. 1. That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; for the advancement of those ends, they have, at all times, an inalienable and indefeasible right to alter, reform or abolish the government in such manner as they may think proper.
2. That government being instituted for the common benefit, the doctrine of non-resistance against arbitrary power and oppression, is absurd, slavish, and destructive to the good and happiness of mankind.
3. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience;
that no man can, of right, be compelled to attend, erect, or support any place of worship, or to maintain any minister against his consent; that no human authority can, in any case whatever, control or interfere with the rights of conscience; and that no preference shall ever be given, by law, to any religious establishment or mode of worship.
4. That no religious test shall ever be required as a qualification to any office or public trust under this State.
5. That elections shall be free and equal.
6. That the right of trial by jury shall remain inviolate.
7. That the people shall be secure in their persons, houses, papers, and possessions, from unreasonable searches and seizures; and that general warrants, whereby an officer may be commanded to search suspected places, without evidence of the fact committed, or to seize any person or persons not named, whose offences are not particularly described and supported by evidence, are dangerous to liberty, and ought not to be granted.
8. That no free man shall be taken or imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty, or property, but by the judgment of his peers, or the law of the land.
9. That in all criminal prosecutions, the accused hath a right to be heard by himself and his counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face; to have compulsory process for obtaining witnesses in his favor; and in prosecutions by indictment or presentment, a speedy public trial, by an impartial jury of the county or district in which the crime shall have been committed; and shall not be compelled to give evidence against himself.
10. That no person shall, for the same offence, be twice put in jeopardy of life or limb.
11. That laws made for the punishment of facts committed previous to the existence of such laws, and by them only declared criminal, are contrary to the principles of a free government; wherefore no ex post facto law shall be made.
12. That no conviction shall work corruption of blood or forfeiture of estate. The estate of such persons as shall destroy their own lives shall descend or vest as in case of natural death. If any person be killed by casualty, there shall be no forfeiture in consequence thereof.
13. That no person arrested or confined in jail, shall be treated with unnecessary rigor.
14. That no freeman shall be put to answer any criminal charge but by presentment, indictment, or impeachment.
15. That all prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident or the presumption great. And the privilege of the writ of habeas corpus shall not be
suspended, unless when in case of rebellion or invasion the public safety may require it.
16. That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
17. That all courts shall be open; and every man, for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial, or delay. Suits may be brought against the State in such manner, and in such courts, as the Legislature may, by law, direct.
18. That the person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditor or creditors, in such manner as shall be prescribed by law.
19. That the printing presses shall be free to every person who undertakes to examine the proceedings of the Legislature, or of any branch or officer of government; and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty. But in prosecutions for the publication of papers investigating the official conduct of officers or men in public capacity, the truth thereof may be given in evidence; and in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other criminal cases.
20. That no retrospective law, or law impairing the obligation of contracts, shall be made.
21. That no man's particular services shall be demanded, or property taken, or applied to public use, without the consent of his representatives, or without just compensation being made therefor.
22. That perpetuities and monopolies are contrary to the genius of a free State, and shall not be allowed.
23. That the citizens have a right, in a peaceable manner, to assemble together, for their common good, to instruct their representatives, and to apply to those invested with the powers of government for redress of grievances or other proper purposes, by address or
24. That the sure and certain defense of a free people is a well regulated militia: and, as standing armies in time of peace are dangerous to freedom, they ought to be avoided, as far as the circumstances and safety of the community will admit; and that in all cases the military shall be kept in strict subordination to the civil authority.
25. That no citizen of this State, except such as are employed in the army of the United States, or militia in actual service, shall be subjected to corporeal punishment under the martial law.
26. That the free white men of this State have a right to keep and to bear arms for their common defense.
27. That no soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in a manner prescribed by law.
28. That no citizen of this State shall be compelled to bear arms, provided he will pay an equivalent, to be ascertained by law.
29. That an equal participation of the free navigation of the Mississippi, is one of the inherent rights of the citizens of this State: it cannot, therefore, be conceded to any prince, potentate, power, person or persons whatever.
30. That no hereditary emoluments, privileges, or honors, shall ever be granted or conferred in this State.
31. That the limits and boundaries of this State be ascertained, it is declared they are as hereafter mentioned, that is to say: Beginning on the extreme height of the Stone mountain, at the place where the line of Virginia intersects it, in latitude thirty-six degrees and thirty minutes north; running thence along the extreme height of the said mountain to the place where Watauga river breaks through it; thence a direct course to the top of the Yellow mountain, where Bright's road crosses the same; thence along the ridge of said mountain between the waters of Doe river and the waters of Rock creek, to the place where the road crosses the Iron mountain; from thence along the extreme height of said mountain, to the place where Nolichucky river runs through the same: thence to the top of the Bald mountain; thence along the extreme height of said mountain, to the Painted Rock, on French Broad river; thence along the highest ridge of said mountain, to the place where it is called the Great Iron or Smoky mountain; thence along the extreme height of said mountain, to the place where it is called Unicoi or Unaka mountain, between the Indian towns of Cowee and Old Chota; thence along the main ridge of the said mountain, to the southern boundary of this State, as described in the act of cession of North Carolina to the United States of America: and that all the territory, lands, and waters lying west of the said line, as before mentioned, and contained within the chartered limits of the State of North Carolina, are within the boundaries and limits of this State, over which the people have the right of exercising sovereignty and the right of soil, so far as is consistent with the Constitution of the United States, recognizing the articles of confederation, the bill of rights, and Constitution of North Carolina, the cession act of the said State, and the ordinance of Congress for the government of the territory north-west of the Ohio: provided, nothing herein contained shall extend to affect the claim or claims of individuals, to any part of the soil which is recognized to them by the aforesaid cession act: and provided also, that the limits and jurisdiction of this State shall extend to any other land and territory now acquired, or that may hereafter be acquired by compact or agreement with other States or otherwise, although such land and territory are not included within the boundaries here inbefore mentioned.