Proviso. Death punishment. Penitentiary. House of correc ion. House of refuge. The sexes to be separated. Provision for the poor and orphans. Orphan houses. Inebriates and idiots. Deaf-mutes, blind and insane. Self-supporting. sentenced on a charge of murder, manslaughter, rape, attempt to commit rape, or arson: Provided, that no convict whose labor may be farmed out shall be punished for any failure of duty as a laborer except by a responsible officer of the State; but the convicts so farmed out shall be at all times under the supervision and control, as to their government and discipline, of the penitentiary board or some officer of the State. SEC. 2. The object of punishment being not only to satisfy justice, but also to reform the offender, and thus prevent crime, murder, arson, burglary and rape, and these only, may be punishable with death, if the General Assembly shall so enact. SEC. 3. The General Assembly shall, at its first meeting, make provision for the erection and conduct of a State's Prison or penitentiary at some central and accessible point within the State. SEC. 4. The General Assembly may provide for the erection of a house of correction, where vagrants and persons guilty of misdemeanors shall be restrained and usefully employed. SEC. 5. A house or houses of refuge may be established whenever the public interests may require it, for the correction and instruction of other classes of offenders. SEC. 6. It shall be required by competent legislation that the structure and superintendence of penal institutions of the State, the county jails and city police prisons secure the health and comfort of the prisoners and that male and female prisoners be never confined in the same room or cell. SEC. 7. Beneficent provisions for the poor, the unfortunate and orphan being one of the first duties of a civilized and Christian State, the General Assembly shall, at its first session, appoint and define the duties of a Board of Public Charities, to whom shall be entrusted the supervision of all charitable and penal state institutions, and who shall annually report to the Governor upon their condition, with suggestions for their improvement. 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. SEC. 9. It shall be the duty of the Legislature, as soon as practicable, to devise means for the education of idiots and inebriates. 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. 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. SECTION 1. All able-bodied male citizens of the State of North Who are liable to militia duty. 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 Proviso. arms, from religious scruples, shall be exempt therefrom. SEC. 2. The General Assembly shall provide for the organizing, Organizing, etc. arming, equipping and discipline of the militia, and for paying the same when called into active service. mander in chief. SEC. 3. The Governor shall be Commander in Chief, and shall Governor comhave power to call out the militia to execute the law, suppress riots or insurrections, and to repel invasion. SEC. 4. The General Assembly shall have power to make such Exemptions. exemptions as may be deemed necessary, and enact laws tha may be expediient for the government of the militia. ARTICLE XIII. AMENDMENTS. called. SECTION 1. No convention of the people of this State shall ever Convention, how 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 be cast in favor of said convention, it shall assemble on such day as may be prescribed by the General Assembly. 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. How the Conaltered. stitution may be ARTICLE XIV. MISCELLANEOUS. SECTION 1. All indictments which shall have been found, or Indictments. 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. Penalty for fighting duel. Drawing money. Mechanic's lien. Governor to make appointments. Seat of government. Holding office. Proviso. Intermarriage of whites and negroes prohibited. 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. 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. 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. 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. SEC. 6. The seat of government of this State shall remain at the city of Raleigh. 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. 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 Abuses in assessments and contracting debts by municipal cor- Actions at law and equity suits, no distinction, A. 4, S. 1. Acts of general assembly, style of, A. 2, S. 21. Levying taxes, must state object, A. 5, S. 7. Agricultural, department, A. 3, S. 17. In connection with university, A. 9, S. 14. Do not vacate existing offices, A. 4, S. 33. Apportionment of Senators and Representatives, A. 2, SS. 4, 5, 6. Article seven, General Assembly may modify or repeal certain Assemblage, right of, A. 1, S. 25. Attorney-General advises Executive, A. 3, S. 14. Duties of, A. 3, S. 13. Auditor, duties of, A. 3, S. 13. Bail, excessive, A. 1, S. 14. Ballot, elections to be by, A. 6, S. 3. Bills of General Assembly, read three times, A. 2, S. 23. Board of Charities, A. 11, S. 7. Boundaries of State, A. 1, S. 34. Capitation tax, application of proceeds from, A. 5, S. 2. Capital punishment, A. 11, S. 2. Charities, public, A. 11. Deaf-mutes and the blind, A. 11, S. 10. Idiots and inebriates, A. 11, S. 9. Provisions for orphans and the poor, A. 11, S. 7. Self-supporting, as far as possible, A. 11, S. 14. Cities organized by legislation, A. 8, S. 4. Citizenship, restoration to, A. 2, S. 11. Civil and criminal actions, A. 4, S. 1. Claims against the State, A. 4, S. 9. Clerk of Superior Court, election of, A. 4, S. 10. Clerk of Supreme Court, A. 4, S. 15. Terms of office of, A. 4, S. 17. Commutations, A. 3, S. 6. Compulsory education, General Assembly may provide, A. 9, S. 15 Constitution, how changed, A. 13, S. 2. Controversies at law about property, A. 1, S. 19. Convention, how called, A. 13. Convict labor, A. 11, S. 1. Coroner and sheriff, A. 4, S. 24. Corporations, municipal, A. 7. Charters remain in force till legally changed, A. 7, S. 12. Power of General Assembly over, A. 7, S. 12. Corporations other than municipal, A. 8. Debts of, how secured, A. 8, S. 2. Definition of, A. 8, S. 3. Special charters prohibited, A. 8, S. 1. Council of State, A. 3, S. 14. Counsel allowed defendant, A. 1, S. 11. County commissioners, election and duty of, A. 7, S. 1, 2. Districts have corporate powers as townships, A. 7, S. 4. Of townships, A. 7, S. 5. School districts, A. 9, S. 3. Fund, A. 9, S. 5. Taxes to be ad valorem, A. 7, S. 9. Township trustees assess property, A. 7, S. 6. County Treasurer, A. 7, S. 1. Courts to be open, A. 1, S. 35. Kinds of, A. 4, S. 2. Criminal charges, answer to, A. 1, S. 12. Criminal and civil actions, A. 4, S. 1. Courts for cities and towns, A. 4, S. 14. Deaf-mutes provided for, A. 11, S. 10. Death punishment, A. 11, S. 2. Debt does not affect homestead, A. 10, S. 3. County, city or town cannot contract, except by majority of Imprisonment for, A. 1, S. 16. In aid of rebellion, void, A. 7, S. 13. Debt, restrictions upon increase of public, etc., A. 5, S. 4. What bonds declared invalid, A. 1, S. 6. Declaration of rights, A. 1. Department of Agriculture, A. 3, S. 17. Divorce, General Assembly does not grant, A. 2, S. 17. |