ARTICLE IV.

SECTION 1.

1. No convention of the people shall be called by the General Assembly, unless by the concurrence of two-thirds of all the members of each House of the General Assembly?

2. No part of the Constitution of this State shall be altered, unless a bill to alter the same shall have been read three times in each House of the General Assembly, and agreed to by three-fifths of the whole number of members of each House respectively; nor shall any alteration take place until the bill so agreed to shall have been published six months previous to a new election of members to the General Assembly. If, after such publication, the alteration proposed by the preceding General Assembly shall be agreed to in the first session thereafter, by two-thirds of the whole representation in each House of the General Assembly, after the same shall have been read three times on three several days, in each House, then the said General Assembly shall prescribe a mode by which the amendment or amendments may be submitted to the qualified voters of the House of Commons throughout the State; and if, upon comparing the votes given in the whole State, it shall appear that a majority of the voters have approved thereof, then, and not otherwise, the same shall become a part of the Constitution.

SECTION 2.

The thirty-second section of the Constitution shall be amended to read as follows: No person who shall deny the being of God, or the truth of the Christian religion, or the divine authority of the Old or New Testament, or who shall hold religious principles incompatible with the freedom or safety of the State, shall be capable of holding any office or place of trust or profit in the civil department within this State.

SECTION 3.

1. Capitation tax shall be equal throughout the State, upon all individuals subject to the same.

2. All free males over the age of twenty-one years, and under the age of forty-five years, and all slaves over the age of twelve years, and under the age of fifty years, shall be subject to capitation tax, and no other person shall be subject to such tax; Provided, That nothing herein contained shall prevent exemptions of taxable polls, as heretofore prescribed by law, in cases of bodily infirmity.

SECTION 4.

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 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 or Justices of the Peace. Ratified in Convention, this eleventh day of July, in the year of our Lord one thousand eight hundred and thirty-five.

EDWARD KNEEMAN, Secretary of the Convention.
JOSEPH L. WARD, Assistant Secretary.

NATHANIEL MACON, President.

AN ORDINANCE TO CARRY INTO EFFECT THE AMENDED CONSTITUTION.

Be it ordained and declared by the Delegates to this Convention, in Convention Assembled, and it is hereby ordained by the authority of the same, That the amendments to the Constitution of the State, adopted by this Convention, be submitted by the Governor to the people on the second Monday in November next, thirty days' notice having been given, and that the polls be opened by the respective Sheriffs, and kept open for three successive days, at the several election precincts in each and every county in the State, under the same rules and regulations as now exist for the election of members to the General Assembly. That the said Sheriffs be required to compare and certify the results of the elections, on or before the Monday following, and transmit the same in twenty days thereafter to the Governor of the State. That all persons qualified to vote for members of the House of Commons, may vote for or against a ratification of the amendments. Those who wish a ratification of the amendments, voting with a printed or written ticket, "Ratification,"—those of a contrary opinion, "Rejection."

Further, That it shall be the duty of the Sheriffs to make duplicate statements of the polls in their respective counties, sworn to before the Clerk of the County Court, one copy of which shall be deposited in said Clerk's office, and the other copy transmitted to the Governor of the State, at Raleigh.

Be it further ordained by the authority of the same, That when the returns aforesaid shall have been received the same shall be opened by the Governor, in the presence of the Secretary of State and Treasurer; and in case a majority of the votes polled shall be in favor of a ratification of the amendments, the same shall be forthwith made known by a proclamation of the Governor to the people of the State.* And, thereupon, the Governor shall cause to be indorsed on the amendments, as enrolled by order of the Convention, or shall annex thereunto, a certificate under his signature, declaring that the said amendments have been ratified by the people of North Carolina; and the Secretary of State shall countersign the said certificate, and annex thereto the great seal of the State; and the said amendments so enrolled with the certificate aforesaid shall be forever kept among the archives of the State, in the office of the Secretary aforesaid. Be it further ordained by the authority aforesaid, That the amendments thus ratified shall take effect and be in force from and after the first day of January, A. D. one thousand eight hundred and thirty-six; Provided, however, That the Governor, the Council of State, the Secretary of State and the Public Treasurer who may then be in office shall severally continue to exercise their respective functions until the Governor, Council of State, Secretary of State and Public Treasurer appointed under the amended Constitution shall enter upon the duties of their offices.

Ratified in Convention this eleventh day of July, A. D. one thousand eight hundred and thirty-five.

NATHANIEL MACON, President.

EDMUND B. FREEMAN, Secretary of the Convention.
JOSEPH D. WARD, Assistant Secretary.

AMENDMENT OF 1854.

AN ACT TO AMEND THE CONSTITUTION OF THE STATE OF NORTH CAROLINA.

WHEREAS, At the session of the late General Assembly, begun and held at Raleigh, on the third Monday of November, in the year of our Lord, one thousand eight hundred and fifty-four, a bill entitled "A bill to amend the Constitution of the State of North Carolina," was read three times in each House of the said General Assembly, and agreed to by three-fifths or the whole number of members of each House respectively; and whereas, the bill so agreed to hath been duly published six months previous to the election of the members of this present General Assembly, according to the clause of section one of article four, of the amended Constitution, and the directions contained in the second section of the said bill; and it is the intention by this bill to agree to the preamble and first section of the bill aforesaid, containing the said alteration of the Constitution of this State; and whereas, a large number of the people are disfranchised by the freehold qualification now required of voters for members of the Senate; therefore,

SECTION 1.

Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same (two-thirds of the whole number of members of each house concurrring), That the second clause of the third section of the first article of the amended Constitution, ratified by the people of North Carolina, on the second Monday of November, in the year of our Lord, eighteen hundred and thirty-five, shall be amended to read as follows: "Every free white man at the age of twenty-one years, being a native or naturalized citizen of the United States, and who has been an inhabitant of the State for twelve months immediately preceding the day of any election, and shall have paid public taxes, shall be entitled to a vote for a member of the Senate for the district in which he resides." [Ratified the 11th day of December, 1856.†

AN ORDINANCE PROHIBITING SLAVERY IN THE STATE OF NORTH CAROLINA.

Be it declared and ordained by the delegates of the people of the State of North Carolina in Convention assembled, and it is hereby declared and ordained, That slavery and involun

*This certificate was issued by Governor Swan, December 4, 1835.

† An act submitting this amendment to the people was passed January 8, 1857, the election called Jr August decided in its favor, and the Governor certified accordingly, on the 10th of September, 1857.

tary servitude, otherwise than for crimes, whereof the parties shall have been duly convicted, shall be and is hereby forever prohibited within the State. [Ratified in Convention, this ninth day of October, in the year of our Lord, one thousand eight hundred and sixty-five.

JAS. H. MOORE, Secretary of the Convention.
R. C. BADGER, Assistant Secretary.

EDWIN G. READE, President.

CONSTITUTION OF OHIO. 1851.*

WE, the people of the State of Ohio, grateful to Almighty God for our freedom, to secure its blessings and promote our common welfare, do establish this Constitution.

ARTICLE I.

BILL OF RIGHTS.

SECTION 1. All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and seeking and obtaining happiness and safety.

§ 2. All political power is inherent in the people. Government is instituted for their equal protection and benefit, and they have the right to alter, reform, or abolish the same, whenever they may deem it necessary; and no special privileges or immunities shall ever be granted that may not be altered, revoked or repealed by the General Assembly.

§ 3. The people have a right to assemble together in a peaceable manner, to consult for their common good, to instruct their Representatives, and to petition the General Assembly for the redress of grievances.

§ 4. The people have the right to bear arms for their defense and security; but standing armies in time of peace are dangerous to liberty, and shall not be kept up; and the military shall be in strict subordination to the civil power.

5. The right of trial by jury shall be inviolate.

6. There shall be no slavery in this State, nor involuntary servitude unless for the punishment of crime.

§ 7. All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience. No person shall be compelled to attend, erect, or support any place of worship, or maintain any form of worship, against his consent; and no preference shall be given by law to any religious society; nor shall any interference with the rights of conscience be permitted. No religious test shall be required as a qualification for office, nor shall any person be incompetent to be a witness on account of his religious belief; but nothing herein shall be construed to dispense with oaths and affirmations. Religion, morality, and knowledge, however, being essential to good government, it shall be the duty of the General Assembly to pass suitable laws to protect every religious denomination in the peaceable enjoyment of its own mode of public worship, and to encourage schools and the means of instructiou.

§ 8. The privilege of the writ of habeas corpus shall not be suspended, unless in cases of rebellion, or invasion, and the public safety require it.

9. be

where the proof is evident olable by sufficient sureties, except for capital offenses

the presumption great. Excessive bail shall not be required; nor excessive fines imposed; nor cruel and unusual punishments inflicted. § 10. Except in cases of impeachment, and cases arising in the army and navy, or in the militia when in actual service in time of war or public danger, and in cases of petit

*This State was organized in 1802, out of the territory north-west of the Ohio, having three years previously existed as a Territory. The present State Constitution was adopted in 1851.

larceny and other inferior offenses, no person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a grand jury. In any trial, in any court, the party accused shall be allowed to appear and defend in person and with 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, and to have compulsory process to procure the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district, in which the offense is alleged to have been committed; nor shall anv person be compelled, in any criminal case to be a witness against himself, or be twice put in jeopardy for the same offense.

§ 11. Every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of the right; and no law shall be passed to restrain or abridge liberty of speech, or of the press. In all criminal prosecutions for libel, the truth may be given in evidence to the jury, and if it shall appear to the jury, that the matter charged as libelous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted.

§ 12. No person shall be transported out of the State, for any offense committed within the same; and no conviction shall work corruption of blood, or forfeiture of

estate.

§ 13. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, except in the manifer prescribed by law.

§ 14. The right of the people to be secure in their persons, houses, papers, and possessions, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the person and things to be seized. § 15. No person shall be imprisoned for debt in any civil action or mesne or final process, unless in cases of fraud.

§ 16. All courts shall be open, and every person, for an injury done him in his land, goods, person, or reputation, shall have remedy by due course of law, and justice administered without denial or delay.

§ 17. No hereditary emoluments, honors, or privileges, shall ever be granted or conferred by this State.

§ 18. No power of suspending laws shall ever be exercised, except by the General Assembly.

§ 19. Private property shall ever be held inviolate, but subservient to the public welfare. When taken in time of war or other public exigency, imperatively requiring its immediate seizure, or for the purpose of making or repairing roads, which shall be open to the public, without charge, a compensation shall be made to the owner, in money, and in all other cases where private property shall be taken for public use a compensation therefor shall be first made in money, or first secured by a deposit of money; and such compensation shall be assessed by a jury, without deduction for benefits to any property of the owner.

20. This enumeration of rights shall not be construed to impair or deny others retained by the people; and all powers, not herein delegated, remain with the people.

ARTICLE II.

LEGISLATIVE.

SECTION 1. The Legislative power of this State shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives.

§ 2. Senators and Representatives shall be elected biennally, by the electors in the respective counties or districts, on the second Tuesday of October; their term of office shall commence on the first day of January next thereafter, and continue two years.

§ 3. Senators and Representatives shall have resided in their respective counties, or districts, one year next preceding their election, unless they shall have been absent on the public business of the United States, or of this State.

§ 4. No person holding office under the authority of the United States, or any lucrative office under the authority of this State, shall be eligible to, or have a seat in, the General Assembly; but this provision shall not extend to township officers, Justices of the Peace, Notaries Public, or officers of the militia.

§ 5. No person hereafter convicted of an embezzlement of the public funds, shall hold any office in this State; nor shall any person, holding public money for disbursement, or otherwise, have a seat in the General Assembly until he shall have accounted for and paid such money into the treasury.

§ 6. Each House shall be judge of the election, returns, and qualifications of its own

members; a majority of all the members elected to each House shall be a quorum to do business; but a less number may adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalties as shall be prescribed by law. § 7. The mode of organizing the House of Representatives, at the commencement of each regular session, shall be prescribed by law.

§ 8. Each House, except as otherwise provided in this Constitution, shall choose its own officers, may determine its own rules of proceeding, punish its members for disorderly conduct, and, with the concurrence of two-thirds, expel a member, but not the second time for the same cause; and shall have all other powers necessary to provide. for its safety and the undisturbed transaction of its business.

§ 9. Each House shall keep a correct journal of its proceedings, which shall be published. At the desire of any two members the yeas and nays shall be entered upon the journal; and, on the passage of every bill, in either House, the vote shall be taken by yeas and nays and entered upon the journal; and no law shall be passed,, in either House, without the concurrence of a majority of all the members elected thereto.

§ 10. Any member of either House shall have the right to protest against any act or resolution thereof; and such protest, and the reasons therefor, shall, without alteration, commitment, or delay, be entered upon the journal.

§ 11. All vacancies which may happen in either House shall, for the unexpired term, be filled by election, as shall be directed by law.

§ 12. Senators and Representatives, during the session of the General Assembly, and in going to, and returning from the same, shall be privileged from arrest, in all cases, except treason, felony, or breach of the peace; and for any speech, or debate, in either House, they shall not be questioned elsewhere.

§ 13. The proceedings of both Houses shall be public, except in cases which, in the opinion of two-thirds of those present, require secrecy.

§ 14. Neither House shall, without the consent of the other, adjourn for more than two days. Sundays excluded; nor to any other place than that, in which the two Houses shall be in session.

15. Bills may originate in either House; but may be altered, amended, or rejected in the other.

§ 16. Every bill shall be fully and distinctly read, on three different days, unless, in case of urgency, three-fourths of the House, in which it shall be pending, shall dispense with this rule. No bill shall contain more than one subject, which shall be clearly expressed in its title; and no law shall be revived, or amended unless the new act contain the entire act revived, or the section or sections amended; and the section, or sections, so amended, shall be repealed.

§ 17. The presiding officer of each House shall sign, publicly in the presence of the House over which he presides, while the same is in session, and capable of transacting business, all bills and joint resolutions passed by the General Assembly.

§ 18. The style of the laws of this State shall be, "Be it enacted by the General Assembly of the State of Ohio."

§ 19. No Senator or Representative shall, during the term for which he shall have been elected, or for one year thereafter, be appointed to any civil office under this State, which shall be created, or the emoluments of which shall have been increased, during the term for which he shall have been elected.

§ 20. The General Assembly, in cases not provided for in this Constitution, shall fix the term of office and the compensation of all officers; but no change therein shall affect the salary of any officer during his existing term, unless the office be abolished. § 21. The General Assembly shall determine, by law, before what authority, and in what manner, the trial of contested elections shall be conducted.

§ 22. No money shall be drawn from the treasury, except in pursuance of a specific appropriation, made by law; and no appropriation shall be made for a longer period than two years.

§ 23. The House of Representatives shall have the sole power of impeachment, but a majority of the members elected must concur therein. Impeachments shall be tried by the Senate; and the Senators, when sitting for that purpose, shall be upon oath or affirmation to do justice according to law and evidence. No person shall be convicted, without the concurrence of two-thirds of the Senators.

§ 24. The Governor, Judges, and all State officers, may be impeached for any misdemeanor in office; but judgment shall not extend further than removal from office, and disqualification to hold any office, under the authority of this State. The party impeached, whether convicted or not, shall be liable to indictment, trial, and judgment, according to law.