of the fact committed, or to feize any perfon or perfons not named whofe offences are not particularly defcribed and fupported by evidence, are dangerous to liberty, and ought not to be granted. 12. That no freeman ought to be taken, imprifoned, or diffeized of his freehold, liberties or privileges, or outlawed or exiled, or in any manner deftroyed or deprived of his life, liberty, or property, but by the law of the land. 13. That every freeman reftrained of his liberty, is intitled to a remedy, to enquire into the lawfulness thereof, and to remove the fame if unlawful, and that fuch remedy ought not to be denied or delayed. 14. That in all controverfies at law refpecting property, the ancient mode of trial by jury is one of the beft fecurities of the rights of the people, and ought to remain facred and inviolable. 15. That the freedom of the prefs is one of the great bulwarks of liberty, and therefore ought never to be reftrained. 16. Ihat the people of this ftate ought not to be taxed, or, made subject to the payment of any impoft or duty, without the confent of themselves, or their reprefentatives in general affembly freely given. 17. That the people have a right to bear arms for the defence of the ftate; and as ftanding armies in time of peace are dangerous to liberty, they ought not to be kept up; and that the military. fhould be kept under ftrict fubordination to, and governed by the civil power. 18. That the people have a right to affemble together, to confult for their common good, to inftruct their reprefentatives, and to apply to the legislature for redress of grievances. 19. That all men have a natural and unalienable right to worthip Almighty God according to the dictates of their own confcience. 20. That for red refs of grievances, and for amending and ftrengthening the laws, elections ought to be often held. 21. That a frequent recurrence to fundamental principles is abfolutely neceffary to preserve the bleffings of liberty. 22. That no hereditary emoluments, privileges, or honours, ought to be granted or conferred in this state. 23. That perpetuities and monopolies are contrary to the genius of a free ftate, and ought not to be allowed. 24. That retrofpective laws, punifhing facts committed before" the existence of fuch laws, and by them only declared criminal, are oppreffive, unjuft, and incompatible with liberty, wherefore no ex poft facto law ought to be made. 25. The property of the foil in a free government being one" of the effential rights of the collective body of the people, it is neceffary, in order to avoid future difputes, that the limits of R 2 the the ftate fhould be afcertained with precifion; and as the former temporary line between North and South Carolina was confirmed and extended by commiffioners, appointed by the legislatures of the two ftates, agreeable to the order of the late king George II. in council, that line, and that only, fhould be efteemed the fouthern boundary of this ftate; that is to fay, beginning on the fea fide at a cedar ftake, at or near the mouth of Little River (being the fouthern extremity of Brunfwic county), and running from thence a north-west courfe through the boundary house, which ftands in thirty three degrees fifty fix minutes, to thirty five degrees north latitude, and from thence a weft courfe, fo far as is mentioned in the charter of king Charles II. to the late proprietors of Carolina. Therefore all the territory, feas, waters, and harbours, with their appurtenances, lying between the line above defcribed, and the fouthern line of the state of Virginia, which begins on the fea fhore, in thirty fix degrees thirty minutes north latitude, and from thence runs weft, agreeable to the faid charter of king Charles, are the right and property of the people of this ftate, to be held by them in fovereignty; any partial line, without the confent of the legiflature of this ftate, at any time thereafter directed or laid out in any wife notwithstanding. Provided always, That this declaration of right fhall not prejudice any nation or nations of Indians from enjoying fuch hunting grounds as may have been, or hereafter fhall be fecured to them by any former or future legislature of this ftate. And provided alfo, That it fhall not be conftrued fo as to prevent the establishment of one or more governments weftward of this ftate, by confent of the legiflature. And provided further, That nothing herein contained fhall affect the titles or poffeffions of individuals, holding or claiming under the laws heretofore in force, or grants heretofore made by the late king George II. or his predeceffors, or the late lords proprietors, or any of them. The CONSTITUTION, or FORM of GOVERNMENT, &c. W HEREAS allegiance and protection are in their nature, reciprocal, and the one fhould of right be refufed when the other is withdrawn; and whereas George the Third, king of Great Britain, and late fovereign of the British American colonies, hath not only withdrawn from them his protection, but by an act of the British legislature declared the inhabitants of these states out of the protection of the British crown, and all their property found upon the high feas liable to be feized and confifcated to the ufes mentioned in the faid act; and the faid George the Third has alfo fent fleets and armies to profecute a cruel war against them, them, for the purpose of reducing the inhabitants of the faid colonies to a state of abject flavery; in confequence whereof, all government under the faid king within the faid colonies bath ceafed, and a total diffolution of government in many of them hath taken place: And whereas the continental congrefs, having confidered the premifes, and other previous violations of the rights of the good people of America, have therefore declared, that the thirteen united colonies are of right wholly abfolved from all allegiance to the British crown, or any other foreign jurifdiction whatsoever; and that the faid colonies now are, and for ever shall be, free and independent ftates: Wherefore, in our present state, in order to prevent anarchy, and confufion, it becomes neceffary that government fhould be eftablished in this ftate; Therefore we, the reprefentatives of the freemen of North-Carolina, chofen and affembled in congrefs, for the exprefs purpose of framing a conftitution, under the authority of the people, moft conducive to their happiness and profperity, do declare, that a government for this ftate fhall be established in manner and form following, to wit: 1. That the legiflative authority fhall be vefted in two distinct branches, both dependent on the people, to wit, a Senate, and House of Commons. 2. That the fenate fhall be compofed of reprefentatives annually chofen by ballot, one for each county in the state. 3. That the house of commons fhall be compofed of representatives annually chofen by ballot, two for each county, and one for each of the towns of Edentown, Newbern, Wilmington, Salisbury, Hillsborough, and Hallifax. 4. That the fenate and houfe of commons, affembled for the purpofe of legiflation, thall be denominated, The General Affembly. 5. That each member of the fenate fhall have ufually refided in the county in which he is chofen, for one year immediately preceding his election, and for the fame time fhall have poffeffed, and continue to poffefs, in the county which he represents, not less than three hundred acres of land in fee. 6. That each member of the house of commons fhall have ufually refided in the county in which he is chofen, for one year immediately preceding his election, and for fix months fhall have poffeffed, and continue to poffefs, in the county which the reprefents, not lefs than one hundred acres of land in fee, or for the term of his own life. age of 7. That all freemen of the twenty-one years, who have been inhabitants of any one county within the ftate twelve months immediately preceding the day of any election, and pofieffed of a freehold within the fame county of fifty acres of land for fix months next before, and at the day of election, fhall be entitled to vote for a member of the fenate. 8. That all freemen of the age of 3 twenty-one years, who have been been inhabitants of any county within the ftate twelve months immediately preceding the day of any election, and fhall have paid public taxes, fhall be entitled to vote for members of the house of commons, for the county in which he refides. 9. That all perfons poffeffed of a freehold in any town in this ftate, having a right of reprefentation, and alfo all freemen who have been inhabitants of any fuch town twelve months next before, and at the day of election, and fhall have paid public taxes, fhall be entitled to vote for a member to reprefent fuch town in the house of commons. Provided always, That this section shall not entitle any inhabitant of fuch town to vote for members of the house of commons for the county in which he may refide, nor any freeholder in fuch county who refides without or beyond the limits of fuch town, to vote for a member for faid town. 10. That the fenate and house of commons when met, fhall each have power to choose a speaker, and other their officers; be judges of the qualifications and elections of their fit members; upon their own adjournments from day to day; and prepare bills to be paffed into laws. The two houfes fhall direct writs of election for fupplying intermediate vacancies, and fhall alfo jointly, by ballot, adjourn themselves to any future day and place. If. That all bills fhall be read three times in each house before they pafs into laws, and be figned by the fpeaker of both houses. 12. That every perfon who fhall be chofen a member of the fenate or house of commons, or appointed to any office or place of truft, before taking his feat, or entering upon the execution of his office, fhall take an oath to the state, and all officers fhall alfo take an oath of office. 13. That the general affembly fhall, by joint ballot of both houles, appoint judges of the fupreme courts of law and equity, judges of admiralty, and attorney-general, who fhall be commiffioned by the governor, and hold their offices during good behaviour. 14. That the fenate and houfe of commons fhall have power to appoint the generals and field officers of the militia, and all officers of the regular army of this ftate. 15. That the fenate and house of commons, jointly, at their first meeting after each annual election, shall by ballot elect a governor for one year, who fhall not be eligible to that office longer than three years in fix fucceffive years. That no perfon under thirty years of age, and who has not been a refident in this ftate,' above five years, and having in the fate a freehold in lands and.. tenements above the value of one thousand pounds, fhall be eligible as a governor. 16. That the senate and house of commons, jointly, at their first meeting after each annual election, shall by ballot elect feven perfons to be a council of ftate for one year, who fhall advise the governor governor in the execution of his office, and that four members Thall be a quorum; their advice and proceedings fhall be entered in a journal to be kept for that purpose only, and figned by the members prefent, to any part of which any member prefent may enter his diffent. And fuch journal fhall be laid before thegeneral affembly, when called for by them.. 17. That there fhall be a feal of this state, which shall be kept by the governor, and ufed by him as occafion may require; and fhall be called, The Great Seal of the State of North-Carolina, and be affixed to all grants and commiffions. 18. The governor for the time being shall be captain-general and commander in chief of the militia; and in the recefs of the general affembly fhall have power, by and with the advice of the council of ftate, to embody the militia for the public safety, 19. That the governor for the time being shall have power to draw for, and apply fuch fums of money as shall be voted by the general affembly for the contingencies of government, and be accountable to them for the fame. He alfo may, by and with the advice of the council of ftate, lay embargoes, or prohibit the exportation of any commodity, for any term not exceeding thirty days at any one time, in the recess of the general affembly; and fhall have the power of granting pardons and reprieves, except where the profecution fhall be carried on by the general affembly, or the law fhall otherwise direct; in which cafe he may, in the recefs, grant a reprieve until the next fitting of the general affembly; and may exercise all the other executive powers of ment, limited and reftrained as by this conftitution is mentioned, governand according to the laws of the state. And on his death, inability, or abfence from the ftate, the fpeaker of the fenate for the time being; and in cafe of his death, inability, or absence from the state, the speaker of the house of commons fhall exercise the powers of government, after fuch death, or during fuch abfence or inability, of the governor, or speaker of the fenate, or until a new nomination is made by the general assembly. 20. That in every cafe where any officer, the right of whofe appointment is by this conftitution vested in the general affembly, fhall during their recefs die, or his office by other means become vacant, the governor fhall have power, with the advice of the council of ftate, to fill up fuch vacancy by granting a temporary commiffion, which shall expire at the end of the next feffion of the general affembly, 21. That the governor, judges of the fupreme court of law and equity, judges of admiralty, and attorney-general, fhall have adequate falaries, during their continuance in office. 22. That the general affembly fhall, by joint ballot of both houses, annually appoint a treasurer or treasurers for this state. 23. That the governor, and other officers offending against the ftate, |