Constitution of the State of North Carolina and Copy of the Act of the General Assembly Entitled Part 8

SEC. 3. The General a.s.sembly 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.

[Sidenote: House of correction.]

SEC. 4. The General a.s.sembly may provide for the erection of a house of correction, where vagrants and persons guilty of misdemeanors shall be restrained and usefully employed.

[Sidenote: Houses of refuge.]

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 cla.s.ses of offenders.

[Sidenote: The s.e.xes to be separated.]

SEC. 6. It shall be required by competent legislation that the structure and superintendence of penal inst.i.tutions 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.

[Sidenote: Provision for the poor and orphans.]

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 a.s.sembly 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 inst.i.tutions, and who shall annually report to the Governor upon their condition, with suggestions for their improvement.

[Sidenote: Orphan houses.]

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 dest.i.tute orphans may be cared for, educated and taught some business or trade.

[Sidenote: Inebriates and idiots.]

SEC. 9. It shall be the duty of the Legislature, as soon as practicable, to devise means for the education of idiots and inebriates.

[Sidenote: Deaf-mutes, blind and insane.]

SEC. 10. The General a.s.sembly may provide that the indigent, deaf-mute, blind and insane of the State shall be cared for at the charge of the State.

[Sidenote: Self-supporting.]

SEC. 11. It shall be steadily kept in view by the Legislature and the Board of Public Charities, that all penal and charitable inst.i.tutions should be made as nearly self-supporting as is consistent with the purposes of their creation.

ARTICLE XII.

MILITIA.

[Sidenote: Who are liable to militia duty.]

SECTION 1. All able-bodied male citizens of the State of North 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 arms, from religious scruples, shall be exempt therefrom.

[Sidenote: Organizing, etc.]

SEC. 2. The General a.s.sembly shall provide for the organizing, arming, equipping and discipline of the militia, and for paying the same, when called into active service.

[Sidenote: Governor commander in chief.]

SEC. 3. The Governor shall be Commander in Chief, and shall have power to call out the militia to execute the law, suppress riots or insurrection, and to repel invasion.

[Sidenote: Exemptions.]

SEC. 4. The General a.s.sembly shall have power to make such exemptions as may be deemed necessary, and enact laws that may be expedient for the government of the militia.

ARTICLE XIII.

AMENDMENTS.

[Sidenote: Convention, how called.]

SECTION 1. No convention of the people of this State shall ever be called by the General a.s.sembly, unless by the concurrence of two-thirds of all the members of each House of the General a.s.sembly, 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 cast be in favor of said convention, it shall a.s.semble on such day as may be prescribed by the General a.s.sembly.

[Sidenote: How the Const.i.tution may be altered.]

SEC. 2. No part of the Const.i.tution 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 a.s.sembly. 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 Const.i.tution of the State.

ARTICLE XIV.

MISCELLANEOUS.

[Sidenote: Indictments.]

SECTION 1. All indictments which shall have been found, or may hereafter be found, for any crime or offense committed before this Const.i.tution takes effect, may be proceeded upon in the proper courts, but no punishment shall be inflicted which is forbidden by this Const.i.tution.

[Sidenote: Penalty for fighting duel.]

SEC. 2. No person who shall hereafter fight a duel, or a.s.sist 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.

[Sidenote: Drawing money.]

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.

[Sidenote: Mechanic's lien.]

SEC. 4. The General a.s.sembly shall provide, by proper legislation, for giving to mechanics and laborers an adequate lien on the subject matter of their labor.

[Sidenote: Governor to make appointments.]

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 Const.i.tution.

[Sidenote: Seat of government.]

SEC. 6. The seat of government of this State shall remain at the city of Raleigh.

[Sidenote: Holding office.]