of the fact committed, or to seize any person or persons not named whose offences are not particularly described and supported by evidence, are dangerous to liberty, and ought not to be granted.

12. That no freeman ought to be taken, imprisoned, or disseized of his freehold, liberties or privileges, or outlawed or exiled, or in any manner destroyed or deprived of his life, liberty, or property, but by the law of the land.

13. That every freeman restrained of his liberty, is intitled to a remedy, to enquire into the lawfulness thereof, and to remove the same if unlawful, and that fuch remedy ought not to be denied or delayed.

14. That in all controverfies at law respecting property, the ancient mode of trial by jury is one of the best securities of the rights of the people, and ought to remain sacred and inviolable. 15. That the freedom of the press is one of the great bulwarks of liberty, and therefore ought never to be reftrained.

16. That the people of this state ought not to be taxed, or made subject to the payment of any impoft or duty, without the consent of themselves, or their representatives in general assembly freely given.

17. That the people have a right to bear arms for the defence of the state; and as standing armies in time of peace are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by the civil power.

18. 'That the people have a right to afsemble together, to confult for their common good, to instruct their representatives, 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 redress of grievances, and for amending and strengthening the laws, elections ought to be often held.

21. That a frequent recurrence to fundamental principles is abfolutely necessary to preserve the blessings of liberty.

22. That no hereditary emoluments, privileges, or honours, ought to be granted or conferred in this state.

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23. That perpetuities and monopolies are contrary to the genius: of a free state, and ought not to be allowed.

24. That retrospective laws, punishing facts committed before the existence of such laws, and by them only declared criminal, are oppressive, unjust, and incompatible with liberty, wherefore no ex poft fucto 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 necessary, in order to avoid future disputes, that the limits of

the state should be ascertained with precision; 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, should be esteemed the southern boundary of this state; that is to say, beginning on the fea fide at a cedar stake, at or near the mouth of Little River (being the fouthern extremity of Brunswic county), and running from thence a north-west course through the boundary house, which stands in thirty three degrees fifty fix minutes, to thirty five degrees north latitude, and from thence a west course, so 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 sea shore, in thirty fix degrees thirty minutes north latitude, and from thence runs weft, agreeable to the said charter of king Charles, are the right and property of the people of this state, to be held by them in sovereignty; any partial line, without the consent of the legiflature of this state, at any time thereafter directed or laid out in any wife notwithstanding. Provided always, That this declaration of right shall not prejudice any nation or nations of Indians from enjoying such hunting grounds as may ay have been, or hereafter shall be secured to them by any former or future legislature of this state. And provided also, That it shall not be construed so as to prevent the establishment of one or more governments westward of this state, by consent of the legiflature. And provided further, That nothing herein contained shall 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.

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The CONSTITUTION, or FORM of GOVERNMENT, &c.

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HEREAS allegiance and protection are in their nature reciprocal, and the one should of right be refused when the other is withdrawn; and whereas George the Third, king of Great Britain, and late sovereign 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 seized and confiscated to the uses mentioned in the faid act; and the faid George the Third has also sent fleets and armies to prosecute a cruel war againft them, them, for the purpose of reducing the inhabitants of the faid colonies to a state of abject slavery; in consequence whereof, all government under the faid king within the faid colonies hath ceafed, and a total diffolution of government in many of them hath taken place: And whereas the continental congress, having confidered the premises, 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 states: Wherefore, in our present state, in order to prevent anarchy and confufion, it becomes necessary that government should be established in this state: Therefore we, the representatives of the freemen of North-Carolina, chosen and assembled in congress, for the express purpose of framing a constitution, under the authority of the people, most conducive to their happiness and prosperity, do declare, that a government for this state shall be established in manner and form following, to wit:

I. That the legislative authority shall be vested in two distinct branches, both dependent on the people, to wit, a Senae, and House of Commons.

2. That the fenate shall be composed of representatives annually chofen by ballot, one for each county in the state.

3. That the house of commons shall be composed of representatives annually chosen 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 house of commons, assembled for the purpose of legiflation, thall be denominated, The General Assembly. 5. That each member of the senate shall have usually refided in the county in which he is chofen, for one year immediately preceding his election, and for the fame time shall have poffeffed, and continue to possess, 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 shall have usually refided in the county in which he is chosen, for one year immediately preceding his election, and for fix months shall have poslessed, and continue to possess, in the county which the represents, not less than one hundred acres of land in fee, or for the term of his own life.

7. 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 pofieffed of a freehold within the fame county of fifty acres of land forfix months next before, and at the day of election, shall be entitled to vote for a member of the fenate.

8. That all freemen of the age of twenty-one years, who have been inhabitants of any 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 he refides.

9. That all persons possessed of a freehold in any town in this state, having a right of representation, and alfo 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 fuch town to vote for members of the house of commons for the county in which he may refide, nor any freeholder in such county who refides without or beyond the limits of such town, to vote for a member for faid town.

10. That the fenate and house of commons when met, shall each have power to choose a speaker, and other their officers; be judges of the qualifications and elections of their members; fit upon their own adjournments from day to day; and prepare bills to be passed into laws. The two houses shall direct writs of election for fupplying intermediate vacancies, and shall also jointly, by ballot, adjourn themselves to any future day and place.

11. That all bills shall be read three times in each house before they pass into laws, and be signed by the speaker of both houses. 12. That every person who shall be chosen a member of the fenate or house of commons, or appointed to any office or place of trust, before taking his feat, or entering upon the execution of his office, shall take an oath to the state, and all officers shall also take an oath of office.

13. That the general assembly shall, by joint ballot of both houses, appoint judges of the fupreme courts of law and equity, judges of admiralty, and attorney-general, who shall be commiffioned by the governor, and hold their offices during good behaviour.

14. That the fenate and house of commons shall have power to appoint the generals and field officers of the militia, and all officers of the regular army of this state.

15. That the senate and house of commons, jointly, at their first meeting after each annual election, shall by ballot elect a governor for one year, who shall not be eligible to that office longer than three years in fix fucceffive years. That no person under thirty years of age, and who has not been a refident in this state above five years, and having in the state a freehold in lands and tenements above the value of one thousand pounds, shall 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 seven persons to be a council of state for one year, who shall advise the governor governor in the execution of his office, and that four members Thall be a quorum; their advice and proceedings shall be entered in a journal to be kept for that purpose only, and signed by the members present, to any part of which any member present may enter his diffent. And fuch journal shall be laid before thegeneral affembly, when called for by them.....

17. That there shall be a feal of this state, which shall be kept by the governor, and used by him as occafion may require; and shall be called, The Great Seal of the state of North Carolina, and be affixed to all grants and commissions..

18. The governor for the time being shall be captain-general and commander in chief of the militia; and in the recess of the general affembly shall have power, by and with the advice of the council of state, to embody the militia for the public safety.

19. That the governor for the time being shall have power to draw for, and apply such fums of money as shall be voted by the general assembly for the contingencies of government, and be accountable to them for the fame. He also may, by and with the advice of the council of state, 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 assembly; and shall have the power of granting pardons and reprieves, except where the prosecution shall be carried on by the general afsembly, or the law shall otherwise direct; in which cafe he may, in the recess, grant a reprieve until the next fitting of the general assembly; and may exercise all the other executive powers of government, limited and restrained as by this conftitution is mentioned, and according to the laws of the state. And on his death, inability, or absence from the state, the speaker of the senate for the time being; and in case of his death, inability, or abfence from the state, the speaker of the house of commmons shall exercise the powers of government, after such death, or during fuch abfence or inability, of the governor, or speaker of the senate, or until a new nomination is made by the general assembly.

20. That in every cafe where any officer, the right of whose appointment is by this conftitution vested in the general affembly, shall during their recess die, or his office by other means become vacant, the governor shall have power, with the advice of the council of state, 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, shall have adequate falaries, during their continuance in office.

22. That the general assembly shall, 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