North Carolina

North Carolina

In the Past

The name of one of the original states of the United States of America [information here]. There is further information on this topic in this legal reference. The territory which now forms this state was included in the grant made in 1663 by Charles II. to Lord Clarendon and others, of a much more extensive country. There is further information on this topic in this legal reference. The boundaries were enlarged by a new charter granted by the same prince to the same proprietaries, in the year 1665. By this charter the proprietaries were authorized to make laws, with the assent of the freemen of the province or their delegates and they were invested with various other powers. Being dissatisfied with the form of government (see more about this popular legal topic in the U.S. encyclopedia), the proprietaries procured the celebrated John Locke to draw a plan of government (see more about this popular legal topic in the U.S. encyclopedia) for the colony, which was adopted and proved to be impracticable; it was highly exceptionable on account of its disregard of the principles of religious toleration and national liberty, which are now universally admitted. After a few years of unsuccessful operation it was abandoned. There is further information on this topic in this legal reference. The colony had been settled at two points, one called the Northern and the other the Southern settlement, which were governed by separate legislatures. In 1729, the proprietaries surrendered their charter, when it became a royal province and was governed by a commission and a form of government (see more about this popular legal topic in the U.S. encyclopedia) in substance similar to that established in other royal provinces. In 1732, the territory was divided and the divisions assumed the names of North Carolina (see more about this State laws here) and South Carolina (see more about this State laws here).

Developments

The constitution (see more about this popular legal topic in the U.S. encyclopedia) of, North Carolina (see more about this State laws here) was adopted December 18, 1776. To this constitution (see more about this popular legal topic in the U.S. encyclopedia) ammendments were made in convention, June 4, 1835, which were ratified by the people on the 9th day of November of the same year and took effect on the 1st day of January 1836.

Details

The powers of the government (see more about this popular legal topic in the U.S. encyclopedia) are distributed into three branches, the legislative, the executive and the judiciary.

Other Aspects

The legislative power is vested in a senate and in a house of commons and both are denominated the general assembly. These will be separately, considered.

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1st. In treating of the senate, it will be proper to take a view of, 1. The qualifications of senators. 2. Of electors of senators. 3. Of the number of senators. 4. Of the time for which they are elected.

Other Issues

The first article, section 3, of the amendments, gives: All freemen of the age of twenty-one years, (except as is after this declared,) who have been inhabitants of any one district within, the state twelve months immediately preceding the day of any election and possessed of a freehold within the same district of fifty acres of land for six months next before and at the day of election, must be entitled to vote for a member of the senate; consequently, no free negro or free person of mixed blood, descended from negro ancestors to the fourth generation inclusive, can be a senator, as such people cannot be voters. The 4th article, sec. 2, of the amendments, declares that no person who must deny the being of God or the truth of the Christian religion or the divine authority of tlie Old or New Testament or who must hold religious principles incompatible with the freedom or safety of the state, must be capable of holding any office or place of trust or profit in the civil department within this state. And the fourth section of the article directs that no person who must hold any office or place of trust or profit under the United States of America or any department tof this or under this state or any other state or government (see more about this popular legal topic in the U.S. encyclopedia), must hold or exercise any other office or place of trust or profit under the authority of this state or be qualified to a seat in either house of the general assembly: given, that nothing here contained must extend to officers, in the militia or justices of the peace. The 31st section of the constitution (see more about this popular legal topic in the U.S. encyclopedia) gives that no clergyman or preacher of the gospel, of any denomination, must be capable of being a member of either the senate, house of commons or council of state, while he continues in the exercise of his pastoral function. 2. The first article of the amendments, gives, section 3, 2, that all free men of the age of twenty-one years, (except as after this declared,) who have been inhabitants of any one district within the state twelve months immediately preceding the day of any election and possessed of a freehold within the same district of fifty acres of land, for six months next before and at the day of election, must be entitled to vote for a member of the senate. And 3, no negro, free, mulatto or free person of mixed blood, descended from negro ancestors to the fourth generation inclusive, (though one ancestor of each generation may have been a white person,) must vote for members of the senate or house of commons. 3. The senate consists of fifty representatives. Amendm. art. 1, s. 1. 4. They are chosen biennially by ballot. Id.

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2d. The house of commons will be considered in the same order which has been observed in speaking of the senate. 1. The sixth section of the constitution (see more about this popular legal topic in the U.S. encyclopedia) needs that each member of the house of commons must have usually resided in the county in which he is chosen for one year immediately preceding his election and for six months must have possessed and continue to possess, in the county which be represents, not less than one hundred acres of land in fee or for the term of his own life. The disqualifications of people for membersbip in the house of commons will be found ante, under the bead senate.
2. The qualifications of voters for members of the house of commons are, by sect. 8 of the constitution (see more about this popular legal topic in the U.S. encyclopedia), that all freemen of the age of twenty-one years, who have been inhabitants of any one county within the state twelve months immediately preceding the day of any election and must have paid public taxes (see more about this popular legal topic in the U.S. encyclopedia), must be entitled to vote for members of the house of commons, for the county in which be resides. And by 9, that all people possessed of a freehold, in any town in this state, having a right of representation and also all freemen, who have been inhabitants of any such town twelve months next before and at the day of election and must have paid public taxes (see more about this popular legal topic in the U.S. encyclopedia), must be entitled to vote for a member to show or represent such town in the house of commons; given, always, that this section must not entitle any inhabitant of such town to vote for members of the house of commons for the county in which he may reside; nor ally freeholder in such county, who resides without or beyond the limits of such town, to vote for a member of the said town. But mulattoes or people of a mixed blood, are not voters. Amendm. art. 1, sect. 3, 3.
3. The Amendments, article 1, section 1, 2, 3 and 4, direct bow the house of commons must be composed, as follows: The house of commons must be composed of one hundred and twenty representatives, biennially chosen by ballot, to be elected by counties according to their federal population; that is, according to their respective numbers, which must be decided by adding to the whole number of free people, including those bound to service for a term, of years and excluding Indians not taxed, three-fifths of all other, people; and each county must have at least one member in the house of commons, although it may not contain the requisite ratio of population. This apportionment must be made by the general assembly, at the respective times and periods when the districts for the senate are herebefore directed to be laid off; aud the said apportionment must be made according to an enumeration to be ordered by the general assembly or according to the census which may be taken by order of congress, next preceding the miking such apportionment. In making the apportionment in the house of commons, the ratio of representation must be ascertained by dividing the amount of federal population in the state, after deducting that comprehended within those counties which do not severally contain the one hundred and twentieth part of the entire federal population aforesaid, by the number of representatives less than the number assigned to the said counties. To each county containing the said ratio and not twice the said ratio, there must be assigned one representative; ‘to each county containing twice, but not three times the said ratio, there must be assigned two representatives and so on progressively; and then the staying representatives must be assigned severally to the counties having the largest fractions. 4. They are elected biennially.

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The executive power is regulated by the amendments of the constitution (see more about this popular legal topic in the U.S. encyclopedia), article 2, as follows, namely:
1. The governor must be chosen by the qualified voters for the members of the house of commons, at such time and places as members of the general assembly are elected.
2. He must hold Iiis office for the term of two years from the time of bis installation and until another must be elected and qualified; but he must not be qualified more than four years in any term of six years.
3. The returns of every election for governor must be sealed up and transmitted to the seat of government (see more about this popular legal topic in the U.S. encyclopedia), by the returning officers, directed to the speaker of the senate, who must open and publish them in the presence of a majority of the members of both houses of the general assembly. The person having the highest number of votes must be governor; but if two or more must be equal and highest in votes, one of them must be chosen governor by joint vote of both houses of the general assembly.
4. Contested elections for governor must be decided by both houses of the general assembly, in such way as must be prescribed by law., SS 5. The governor elect must enter on the duties of the office on the first day of January next after his election, having earlierly taken the oath of office in the presence of the members of both branches of the general assembly or before the chief justice of the supreme court, who, in case the governor elect should be prevented from attendance before the general assembly, by sickness or other unavoidable cause, is authorized to administer the same.

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The judicial powers are vested in supreme courts of law and equity (see more about this popular legal topic in the U.S. encyclopedia), courts of admiralty and justices of the peace.

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Notes and References

1. Partialy, this information about north carolina is based on the Bouvier?s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier?s Law Dictionary, including north carolina.

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