CONSTITUTION OF THE STATE OF NORTH CAROLINA. PREAMBLE. We, the people of the State of North Carolina, grateful to Almighty God, the Sovereign Ruler of Nations, for the preserva- Preamble. tion of the American Union, and the existence of our civil, political and religious liberties, and acknowledging our dependence upon Him for the continuance of those blessings to us and our posterity, do, for the more certain security thereof, and for the better government of this State, ordain and establish this Constitution: ARTICLE I. DECLARATION OF RIGHTS. That the great, general and essential principles of liberty and free government may be recognized and established, and that the relations of this State to the Union and Government of the United States, and those of the people of this State to the rest of the American people, may be defined and affirmed, we do declare : SECTION 1. That we hold it to be self-evident that all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, the enjoyment of the fruits of their own labor, and the pursuit of happiness. The equality and rights of men. and government. SEC. 2. That all political power is vested in, and derived from, Political power the people; all government of right originates from the people, is founded upon their will only, and is instituted solely for the good of the whole. ment of the state. SEC. 3. That the people of this State have the inherent, sole Internal governand exclusive right of regulating the internal government and police thereof, and of altering and abolishing their Constitution and form of government whenever it may be necessary for their safety and happiness; but every such right should be exercised in pursuance of law, and consistently with the Constitution of the United States. That there is no right to secede. Of allegiance to the U. S. government. Public debt. Bonds issued under ordinance 1868 and under acts of 1868, SEC. 4. That this State shall ever remain a member of the American Union; that the people thereof are a part of the American Nation; that there is no right on the part of the State to secede, and that all attempts, from whatever source or upon whatever pretext, to dissolve said Union, or to sever said Nation, ought to be resisted with the whole power of the State. SEC. 5. That every citizen of this State owes paramount allegiance to the Constitution and Government of the United States, and that no law or ordinance of the State in contravention or subversion thereof can have any binding force. SEC. 6. The State shall never assume or pay, or authorize the collection of any debt or obligation, express or implied, incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; nor shall the General Assembly assume or pay, or authorize the collection of any tax to pay, either directly or indirectly, expressed or of Convention of implied, any debt or bond incurred, or issued, by authority of the Convention of the year one thousand eight hundred and sixty-eight, nor any debt or bond, incurred or issued by the Legislature of the year one thousand eight hundred and sixtyeight, either at its special session of the year one thousand eight hundred and sixty-eight or at its regular sessions of the years one thousand eight hundred and sixty-eight and one thousand eight hundred and sixty-nine, and one thousand eight hundred and sixty-nine and one thousand eight hundred and seventy, except the bonds issued to fund the interest on the old debt of the State, unless the proposing to pay the same shall have first been submitted to the people and by them ratified by a vote of a majority of all the qualified voters of the State, at a regular election held for that purpose. Exception. Exclusive emoluments, &c. The legislative, executive and judicial powers distinct. SEC. 7. No man or set of men are entitled to exclusive or separate emoluments or privileges from the community but in consideration of public services. SEC. 8. The legislative, executive and supreme judicial powers of the government ought to be forever separate and distinct from each other. Of the power of SEC. 9. All power of suspending laws, or the execution of suspending laws. laws, by any authority, without the consent of the representatives of the people, is injurious to their rights, and ought not to be exercised. Elections free. In criminal prosecutions. SEC. 10. All elections ought to be free. SEC. 11. In all criminal prosecutions, every man has the right to be informed of the accusation against him and to confront the accusers and witnesses with other testimony, and to have counsel for his defence, and not be compelled to give evidence against himself or to pay costs, jail fees, or necessary witness fees of the defence, unless found guilty. SEC. 12. No person shall be put to answer any criminal charge, except as hereinafter allowed, but by indictment, presentment or impeachment. Answers to criminal charges. SEC. 13. No person shall be convicted of any crime but by the Right of Jury. unanimous verdict of a jury of good and lawful men in open court. The Legislature may, however, provide other means of trial for petty misdemeanors, with the right of appeal. SEC. 14. Excessive bail should not be required, nor excessive Excessive bail. fines imposed, nor cruel or unusual punishments inflicted. rants. SEC. 15. General warrants, whereby any officer or messenger General warmay be commanded to search suspected places, without evidence of the act committed, or to seize any person or persons not named, whose offence is not particularly described and supported by evidence, are dangerous to liberty and ought not to be granted. SEC. 16. There shall be no imprisonment for debt in this Imprisonment State, except in cases of fraud. SEC. 17. No person ought to be taken, imprisoned, or disseized of his freehold, liberties or privileges, or outlawed or exiled, or in any manner deprived of his life, liberty or property, but by the law of the land. for debt. No person to be taken, &c., but by law of the land. restrained of SEC. 18. Every person restrained of his liberty is entitled to a Persons SEC. 19. In all controversies at law respecting property, the Controversies at law respecting ancient mode of trial by jury is one of the best securities of the property. rights of the people, and ought to remain sacred and inviolable. SEC. 20. The freedom of the press is one of the great bulwarks Freedom of the of liberty, and therefore ought never to be restrained, but every individual shall be held responsible for the abuse of the same. press. SEC. 21. The privileges of the writ of habeas corpus shall not Habeas corpus. be suspended. cation. SEC. 22. As political rights and privileges are not dependent Property qualifiupon, or modified by, property, therefore no property qualification ought to affect the right to vote or hold office. SEC. 23. The people of the State ought not to be taxed, or Representation made subject to the payment of any impost or duty without and taxation. the consent of themselves, or their representatives in General Assembly freely given. SEC. 24. A well regulated militia being necessary to the seeu- Militia and the rity of a free State, the right of the people to keep and bear arms. right to bear |