hereafter be found, for any crime or offence 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.
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.
QUESTIONS ON THE CONSTITUTION OF NORTH CAROLINA, PREPARED BY HON. KEMP P. BATTLE., LL. D. PRESIDENT OF THE UNIVERSITY OF NORTH CAROLINA.
PRELIMINARY QUESTIONS.
1. When was the first Constitution of North Carolina adopted? Answer--On December 18, 1776.
2. When was it first amended? Answer--In 1835.
3. When was it again amended? Answer--In 1854, 1861 and 1865.
4. When was a new Constitution adopted? Answer--In 1868.
5. Was there not a Constitution adopted in 1866? Answer--A new Constitution was adopted in 1866 by the Convention of 1865-'66, but the people voted it down.
6. Has the Constitution of 1868 been amended? Answer--Yes, it was partially amended in 1874, and greatly amended by the Convention of 1875. The people adopted these amendments in 1876- -a hundred years after the adoption of the first Constitution.
7. Is there further amendment? Answer--Yes; in 1880
8. What is a Constitution? Answer--" The principles or fundamental laws which govern a State." Another definition is: "The body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised."
9. Is the Constitution of North Carolina the highest law? Answer--No; the Constitution of the United States, and the laws of the United States passed in pursuance thereto, are the supreme law.
10. Is the Constitution of North Carolina higher than the Acts passed by the General Assembly? Answer--Yes; acts contrary to the Constitution are null and void.
11. Who decides whether acts are constitutional and binding or not? Answer--The Courts.
12. Give a simple explanation of the Constitution of North Carolina. Answer--It is a written document in which the people of North Carolina have laid down their plan of government of the State. It designates what officers are to make the laws, what officers are to interpret the laws, and what officers are to enforce the laws. It lays down laws for the guidance of these officers. If any officer acts contrary to it he is liable to punishment: It is the organic or fundamental law--the foundation stone on which our State government rests. It guards and enforces the liberties of the people. If officers are allowed to disobey it, our liberties will be in danger. Hence every citizen should understand it, so that he may watch the officers and hold them to their duties.
13. Can it be changed? Answer--Yes; the people of the State can change or amend it. The manner in which the people can change it is prescribed in the Constitution itself, as will be seen hereafter.
14. Can it be changed in any other way? Answer--Yes; if an amendment to the Constitution of the United States, contrary to any provision of the State Constitution, is made according to law, the latter must yield.
PREAMBLE.
1. Who made the Constitution?
2. For what purpose was it made?
3. Is there recognition of God in it?
4. For what blessings is gratitude to God expressed?
ARTICLE I.
DECLARATION OF RIGHTS.
1. For what purpose is this declaration made?
2. What fundamental truths are declared? Section 1. * (NOTE-- Most of the language of this section is taken from the Declaration of Independence).
3. In whom is political power vested? Section 2.
4. For what good is government instituted? Section 2.
5. Who has the right to regulate the State government? Section 3.
6. Under what circumstances can the people change the form of government? Section 3.
7. Are the people under any restrictions in changing the form of government? If so, what? Section 3.
8. Has the State the right to secede from the Union? Section 4.
9. Is the American Union a confederacy of States, or a nation of the people of the States? Section 4.
10. Is this State bound to prevent other States from seceding from the Union? Section 4.
11. Is our allegiance first due to the United States or to North Carolina? Section 5.
12. Can the General Assembly or a Convention of the people release us from our primary allegiance to the United States?
School History of North Carolina : From 1584 to the Present Time · The Wunder Library — complete classics, free to read, with narration.