he shall, if necessary, either by advice of the council of state, or on application of a majority of the house of delegates, call them before the time to which they shall stand prorogued or adjourned.

A privy council, or council of state, confifting of eight members, shall be chosen by joint ballot of both houses of affembly, either from their own members or the people at large, to assist in the administration of government. They shall annually choose, out of their own members, a president, who, in case of death, inability, or absence of the governor from the government, shall act as lieutenant-governor. Four members shall be sufficient to act, and their advice and proceedings shall be entered on record, and signed by the members present, (to any part whereof any member may enter his dissent) to be laid before the general affembly, when called for by them. This council may appoint their own clerk, who shall have a falary settled by law, and take an oath of secrecy in such matters as he shall be directed by the board to conceal. A sum of money appropriated to that purpose, shall be divided an nually among the members, in proportion to their attendance; and they shall be incapable, during their continuance in office, of fitting in either house of afsembly. Two members shall be removed by joint ballot of both houses of assembly, at the end of every three years, and be ineligible for the three next years. These vacancies, as well as those occafioned by death or incapacity, shall be supplied by new elections in the fame manner.

The delegates for Virginia to the continental congress shall be chosen annually, or fuperfeded in the mean time by joint ballot of both houses of affembly.

The present militia officers shall be continued, and vacancies supplied by appointment of the governor, with the advice of the privy council, on recommendations from the respective county courts; but the governor and council shall have a power of suspending any officer, and ordering a court martial on complaint of misbehaviour or inability, or to supply vacancies of officers happening when in actual service.

The governor may embody the militia, with the advice of the privy council; and, when embodied, shall alone have the direction of the militia under the laws of the country.

The two houses of assembly shall, by joint ballot, appoint judges of the supreme court of appeals, and general court, judges in chancery, judges of admiralty, fecretary, and the attorneygeneral, to be commiffioned by the governor, and continue in office during good behaviour. In case of death, incapacity, or refignation, the governor, with the advice of the privy-council, shall appoint persons to succeed in office, to be approved or difplaced by both houses. These officers shall have fixed and adequate salaries, and, together with all others holding lucrative offices, and all minifters of the gospel of every denomination, be incapable incapable of being elected members of either house of affembly, or the privy-council. 4

The governor, with the advice of the privy council, shall appoint justices of the peace for the counties; and in case of vacancies, or a neceffity of increasing the number hereafter, such appointments to be made upon the recommendation of the respective county courts. The present acting secretary in Virginia, and clerks of all the county courts, shall continue in office. In case of vacancies, either by death, incapacity, or resignation, a secretary shall be appointed, as before directed, and the clerks by the respective courts. The present and future clerks shall hold their offices during good behaviour, to be judged of and determined in the general court. The sheriffs and coroners shall be nominated by the respective courts, approved by the governor with the advice of the privy-council, and commissioned by the governor. The justices shall appoint conftables; and all fees of the aforesaid officers be regulated by law.

The governor, when he is out of office, and others offending against the state, either by mal-administration, corruption, or other means, by which the safety of the state may be endangered, shall be impeachable by the house of delegates. Such impeachment to be prosecuted by the attorney-general, or such other person or persons as the house may appoint, in the general court, according to the laws of the land. If found guilty, he or they shall be either for ever disabled to hold any office under government, or be removed from such office pro tempore, or subjected to such pains or penalties as the law shall direct.

If all or any of the judges of the general court should, on good grounds (to be judged of by the house of delegates), beaccused of any of the crimes or offences above mentioned, such house of delegates may in like manner impeach the judge or judges so accused, to be profecuted in the court of appeals; and he or they, if found guilty, shall be punished in the same manner as is prescribed in the preceding clause.

Commiffions and grants shall run, In the name of the commonwealth of Virginia, and bear test by the governor, with the feal of the commonwealth annexed. Writs shall run in the same manner, and bear test by the clerks of the several courts. Indictments shall conclude, Against the peace and dignity of the commonwealth.

A treasurer shall be appointed annually, by joint ballot of both houses.

All escheats, penalties, and forfeitures, heretofore going to the king, shall go to the commonwealth, fave only such as the legiflature may abolish, or otherwife provide for.

The territories contained within the charters erecting the colonies of Maryland, Pennsylvania, North and South-Carolina,

are

are hereby ceded, released, and for ever confirmed to the people of these colonies respectively, with all the rights of property, jurifdiction and government, and all other rights whatsoever, which might at any time heretofore have been claimed by Virginia, except the free navigation and use of the rivers Potomaque and Pokomoke, with the property of the Virginia shores and strands bordering on either of the said rivers, and all improvements which have been or shall be made thereon. The western and northern extent of Virginia shall in all other respects stand as fixed by the charter of king James I. in the year one thousand fix hundred and nine, and by the public treaty of peace between the courts of Britain and France, in the year one thousand seven hundred and fixty-three; unless, by act of this legislature, one or more governments be established westward of the Allegheny mountains. And no purchases of lands shall be made of the Indian natives but on behalf of the public, by authority of the general assembly.

10

NORTH CAROLINA.

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47

The CONSTITUTION, or FORM of GOVERNMENT, agreed to and refolved upon by the Representatives of the Freemen of the State of North-Carolina, elected and chosen for that particular Purpose, in CONGRESS affembled, at Halifax, Dec. 18, 1776.

I.

A DECLARATION of RIGHTS, &c.

T

J

HAT all political power is vested in, and derived from, the people only.

2. That the people of this state ought to have the sole and exclusive right of regulating the internal government and police thereof.

1

3. That no man, or set of men are entitled to exclufive or separate emoluments ar privileges from the community, but in confideration of public services.

1

4. That the legislative, executive, and supreme judicial powers of government ought to be for ever separate and distinct from each other.

5. That all powers of suspending laws, or the execution of laws by any authority, without confent of the representatives of the people, is injurious to their rights, and ought not to be exercised.

6. That elections of members to serve as representatives in general assembly ought to be free.

7. That in all criminal prosecutions every man has a right to be informed of the accufation against him, and to confront the accufers and witnesses with other testimony, and shall not be compelled to give evidence against himself.

8. That no freeman shall be put to answer any criminal charge but by indictment, presentment, or impeachment.

9. That no freeman shall be convicted of any crime, but by the unanimous verdict of a jury of good and lawful men, in open court as heretofore used.

10. That exceffive bail should not be required, nor excessfive fines imposed, nor cruel or unusual punishments inflicted.

II. That general warrants whereby an officer or messenger may be commanded to search suspected places without evidence

of

of the fact committed, or to seize any perfon or perfons not named whose offences are not particularly described and fupported by evidence, are dangerous to liberty, and ought not to be granted

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12. That no freeman ought to be taken, imprisoned, or diffeized. 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 fame 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 facred and inviolable.

5. That the freedom of the press is one of the great bulwarks

of liberty, and therefore ought never to be restrained.

16. That the people of this state ought not to be taxed, or made subject to the payment of any impost or duty, without the confent of themselves, or their representatives in general afsembly freely

given.aw

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 fubordination to, and governed by the civil power.

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18. That the people have a right to assemble together, to confult for their common good, to instruct their representatives, and to apply to the legislature for redress of grievances. 9019. That all men have a natural and unalienable right to worship 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 absolutely necessary to preferve the blessings 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 state, and ought not to be allowed.

24. That retrospective laws, punishing fasts committed before the existence of fuch laws, and by them only declared criminal, are oppreffive, unjust, and incompatible with liberty, wherefore no ex post 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 disputes, that the limits of