NORTH CAROLINA. The name of one of the original states of the United
States of America. 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. 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, the proprietaries
procured the celebrated John Locke to draw a plan of government 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. 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 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 and South Carolina.
2. The constitution of, North Carolina was adopted December 18, 1776. To this
constitution 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.
3. The powers of the government are distributed into three branches, the
legislative, the executive, and the judiciary.
4. - 1. The legislative power is vested in a senate and in a house of
commons, and both are denominated the general assembly. These will be
5. - 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.
6. - 1. The first article, section 3, of the amendments, provides: All
freemen of the age of twenty-one years, (except as is hereinafter 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, shall 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 persons
cannot be voters. The 4th article, sec. 2, of the amendments, declares that no
person who shall deny the being of God, or the truth of the Christian religion,
or the divine authority of tlie 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. And the fourth section of the article directs that
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. The 31st section of the
constitution provides that no clergyman, or preacher of the gospel, of any
denomination, shall 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, provides, section 3, 2, that
all free men of the age of twenty-one years, (except as hereinafter 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, shall 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,) shall 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.
7. - 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 requires that each member of the house of commons shall have
usually resided in the county in which he is chosen for one year immediately
preceding his election, and for six months shall 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 persons
for membersbip in the house of commons will be found ante, under the bead
2. The qualifications of voters for members of the house of commons are, by
sect. 8 of the constitution, 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 shall have paid public taxes,
shall be entitled to vote for members of the house of commons, for the county in
which be resides. And by 9, that all persons 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 shall have paid public taxes, shall be entitled to vote for a
member to represent such town in the house of commons; Provided, always, that
this section shall 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 persons 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 shall be composed, as follows: The house of commons shall 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 shall be determined by adding to the whole
number of free persons, including those bound to service for a term, of years,
and excluding Indians not taxed, three-fifths of all other, persons; and each
county shall have at least one member in the house of commons, although it may
not contain the requisite ratio of population. This apportionment shall be made
by the general assembly, at the respective times and periods when the districts
for the senate are hereinbefore directed to be laid off; aud the said
apportionment shall 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 shall 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 shall be assigned one representative; 'to each county containing
twice, but not three times the said ratio, there shall be assigned two
representatives, and so on progressively; and then the remaining representatives
shall be assigned severally to the counties having the largest fractions. 4.
They are elected biennially.
8. - 2. The executive power is regulated by the amendments of the
constitution, article 2, as follows, namely:
1. The governor shall 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
2. He shall hold Iiis office for the term of two years from the time of bis
installation, and until another shall be elected and qualified; but he shall not
be eligible more than four years in any term of six years.
3. The returns of every election for governor shall be sealed up and
transmitted to the seat of government, by the returning officers, directed to
the speaker of the senate, who shall 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 shall be governor; but if two or more shall
be equal and highest in votes, one of them shall be chosen governor by joint
vote of both houses of the general assembly.
4. Contested elections for governor shall be determined by both houses of the
general assembly, in such manner as shall be prescribed by law., SS 5. The
governor elect shall enter on the duties of the office on the first day of
January next after his election, having previously 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.
9. - 3. Tbejudicial powers are vested in supreme courts of law and equity,
courts of admiralty, and justices of the peace.
NOSOCOMI, civil law. Persons who have the management and care of
hospitals for paupers. Clef Lois Rom. mot Administrateurs.
NOT FOUND. These words are endorsed ou a bill of indictment by a grand
jury,.when they have not sufficient evidence to find a true bill; the same as
Ignoramus. (q. v.)
NOT GUILTY, pleading. The general issue in several sorts of actions.
It is the general issue.
2. In trespass, its form is as follows: "And the said C D, by E F, his
attorney, comes and defends the, force and injury, when, &c., and says, that
he is not guilty of the said trespasses above laid to his charge, or any part
thereof, in the mannor and form as the said A B hath above complained. And of
this the said C D puts himself upon the country."
3. Under this issue the defendant may give in evidence any matter which
directly controverts the truth of any allegation, which the plaintiff on such
general issue will be bound to prove; 1 B. & P. 213; and no person is bound
to justify who is not, prima facie, a trespasser. 2 B. & P. 359: 2 Saund.
284, d. For example, the plea of not guilty is proper in trespass to persons, if
the defendant have committed no assault, battery, or imprisonment, &c.; and
in trespass to personal property, if the plaintiff had no property in the goods,
or the defendant were not guilty of taking them, &c.; and in trespass to
real property, this plea not only puts in issue the fact of trespass, &c ,
but also the title, which, whether freehold or possessory in the defendant, or a
person under whom he claims, may be given in evidence under it, which matters
show, prima facie, that the right of possession, which is necessary in trespass,
is not in the plaintiff, but in the defendant or the person under whom he
justifies. 8 T. R. 403; 7 T. R. 354; Willes, 222; Steph. PI. 178; 1 Chit. PI.
4. In trespass on the case in general, the formula is as follows: " And the
said C D, by E F his attorney, comes and defends the wrong and injury when,
&c., and says, that he is not guilty of the premises above laid to his
charge, in manner and form as the said A B hath above complained. And of this
the said C D puts himself on the country."
5. This, it will be observed, is a mere traverse, or denial, of the facts
alleged in the declaration; and therefore, on principle, should be applied only
to cases in which the defence rest's on such denial. But here a relaxation has
taken place, for under this plea, a defendant is permitted not only to contest
the truth of the declaration, but with some exceptions, to prove any matter of
defence, that tends to show that the plaintiff has no cause of action, though
such matters be in confession and avoidance of the declaration; as, for example,
a release given, or satisfaction made. Steph. Pl. 182-3; 1 Chit. Pi. 486.
6. In trover. It is not usual in this action to plead any other plea, except
the statute of limitations; and a release, and the bankruptcy of the plaintiff,
may be given in evidence under the general issue. 7 T. R. 391
7. In debt on a judgment suggesting a devastavit, an executor may plead not
guilty. 1 T. R. 462.
8. In criminal cases, when the defendant wishes to put himself on his trial,
he pleads not guilty.
NOT POSSESSED. A plea sometimes used in actions of trover, when the
defendant was not possessed of the goods at the commencement of the action. 3
Mann. & Gr. 101, 103.
NOTARY or NOTARY PUBLIC. An officer appointed by the executive, or
other appointing power, under the laws of different states.
2. Their duties are generally prescribed by such laws. The most usual of
which are, l. To attest deeds, agreements and other instruments, in order to
give them authenticity. 2. To protest notes, bills of exchange, and the like. 3.
To certify copies of agreements and other instruments.
3. By act of congress, Sept. 16, 1850, Minot's Statutes at Large. U. S. 458,
it is enacted, That, in all cases in which, under the laws of the United States,
oaths, or affirmations, or acknowledgments may now be taken or made before any
justice or justices of the peace of any state or territory, such oaths,
affirmations, or acknowledgments may be hereafter also taken or made by or
before any notary public duly appointed in any state or territory, aud, when
certified under, the hand and official seal of such notary, shall have the name
force and effect as if taken or made by or before such justice or justices of
the peace. And all laws and parts of laws for punishing perjury, or subornation
of perjury, committed in any such oaths or affirmations, when taken or made
before any such justice of the peace, shall apply to any such offence committed
in any oaths or affirmations which may be taken under this act before a notary
public, or commissioner, as hereinafter named: Provided always, That on any
trial for either of these offences, the seal and signature of the notary shall
not be deemed sufficient in themselves to establish the official character of
such notary, but the same shall be shown by other and proper evidence.
4. Notaries, are of very ancient origin they were well known among the
Romans, and exist in every state of Europe, and particularly on the
5. Their acts have long been respected by the custom of merchants and by the
courts of all nations. 6 Toull. n. 211, note. Vide, generally, Chit. Bills,
Index, h. t.; Chit. Pr. Index,, h. t.; Burn's Eccl. Law, h. t.; Bro. Off. of a
Not. passim; 2 Har. & John. 396; 7 Verm. 22; 8 Wheat. 326; 6 S. & R.
484; 1 Mis. R. 434.