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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 sheriff's 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 constables; 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 maleadministration, corruption, or other means, by which the safety of the state may be endangered, shall be impeachable by the house of delegates. Such impeachments to be prosecuted by the attorney general, or suchother 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 laws 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,) be accused 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 prosecuted 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.

Commissions and grants shall run In the name of the commonwealth of Virginia," and bear test by the governor, with the seal 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, save only such as the legislature may abolish, or otherwise provide for.

The territories, contained within the charters erecting the colonies of Maryland, Pennsylvania, North and South Carolina, are hereby ceded, released, and for ever confirmed to the people of these colonies respectively, with all the rights of property, jurisdiction and government, and all other rights whatsoever, which might at any time heretofore have been claimet by Virginia, except the free navigation and use of the rivers

Potornaque 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 six 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 sixty three; unless, by act of this legislature, one or more governments be established westward of the alleghany mountains. And no purchase of land shall be made of the Indian natives, but on behalf of the public, by authority of the general assembly.

CONSTITUTION OF

NORTH CAROLINA.

The Constitution or Form of Government, agreed to and resolved upon by the Representatives of the freemen of the state of North Carolina, elected and chosen for that particular purpose, in congress assembled, at Halifax, December 18, 1776.

A DECLARATION OF RIGHTS, &c.

1. That 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.

3. That no men, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services.

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 consent 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 accusation against him, and to confront the accusers and witnesses with other testimony, and shall not be compelled to give evidence against himself.

8. That no freemen 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 excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted.

11. That general warrants, whereby an officer or messenger may be commanded to search suspected place, without evidence 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.

15. That every freeman, restrained of his liberty, is entitled to a remedy, to inquire into the lawfulness thereof, and to remove the same, if unlawful; and that such remedy ought not to be denied or delayed.

14. That in all controversies 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 restrained.

16. That the people of this state ought not be taxed, or made subject to the payment of any impost, 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 assemble together, to consult for the 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 worship Almighty God, according to the dictates of their own

consciences.

20. That, for redress of grievances, and for amending and trengthening the laws, elections ought to be often held.

21. That a frequent recurrence to fundamental principles, is absolutely necessary to preserve 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 facts, committed before the existence of such laws, and by them only declared criminal, are oppressive, unjust, and incompatible with liberty; wherefore, no ex post facto law ought to be made.

25. The property of the soil, in a free government, being one of the essential 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 commissioners, appointed by the legislatures of the two states, 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 sea side, at a cedar stake, at or near the mouth of little river, (being the southern extremity of Brunwick county,) and running from thence a north-west course, through the boundary house, which stands in thirty-three degrees fifty-six 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, seas, waters, and harbours, with their appurtenances, lying between the line above described, and the southern line of the state of Virginia, which begins on the sea shore, in thirty-six degrees thirty minutes north latitude, and from thence runs west, 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 legislature of this state, at any time thereafter directed or laid out, in any wise notwithstanding; provided always, that this declaration of right shall not prejudice any nation or nations of Indians; from enjoying such hunting grounds as may 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 legislature: And provided further, that nothing herein contained shall affect the titles or possessions of individuals holding or claiming under the laws heretofore in force, or grants heretofore made by the late king George II. or bis predecessors, or the late lords, propricters, or any of them.

THE CONSTITUTION OR FORM OF GOVERNMENT, &c.

Whereas 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 seas liable to be seized and confiscated to the uses mentioned in the said act; and the said George the Third has also sent fleets and armies to prosecute a cruel war against them, for the purpose of reducing the inhabitants of the said colonies to a state of abject slavery; in consequence whereof, all government, under the said king, within the said colonies, hath ceased, and a total dissolution of government, in many of them, hath taken place:

And whereas the continental congress, having considered 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 absolved from all allegiance to the British crown, or any other foreign jurisdiction whatsoever; and that the said colonies now are, and for ever shall be, free and independent states:

Wherefore, in our present state, in order to prevent anarchy and confusion, 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:

1. That the legislative authority shall be vested in two distinct branches, both dependent on the people, to wit, a senate and house of commons.

2. That the senate shall be composed of representatives, annually chosen by ballot, one for each county in this 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 Edenton, Newbern, Wilington, Salisbury, Hillsborough, and Halifax.

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