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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 aud consusion, 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, ti wit, a Senate, and House of Cemmois. :...

. 2. That the senate shall be composed of representatives annually chosen 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 Edcntown, Newbern, Wilmington, Salisbury, Hillsborougb, and Hallisax.

4. That the senate and house of commons, assembled for the purpose of legislation, shall be denominated, 1he General JJfembly,

5. That each member of the senate shall have usually resided in the county in which he is chosen, for one year immediately preceding his election, and for the same time stutil have possessed, and continue to possess, in the county which he represents, not lefls than three hundred acres of land in see.

6i. That each m-mber of the house of commons shall have usually resided in the county in which he is chosen, for one year immediately preceding his election, and for six months shall have possessed, and continue to possess, in the county which he represents, not less than one hundred acres of land in see, or for the term of his own lise. ........ . . . **

7. That all freemen of the age of twenty-one years, who have been inhabitants of any one county within the state twelvemonths immediately preceding the day of any election, and possessed of:\ freehold within the same county of fifty acres of land lor six months next before, and at the dayof election, shall be -entitled to vote for a member of the senate. ..«. . . ft

8. That all freemen of the age os twenty-one years, who have

3 been 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 resides.

o. That all persons possessed of a freehold in any town in this state, having a right of representation, and also 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, (hall 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 such town to vote for members of the house of commons for the county in which he may reside, nor any freeholder in such county who resides without or beyond the limits of such town, to vote for a member for said town. • .. 10. That the senate 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 us their members; sit upon their own adjournments from day-today; and prepare bills to be passed into laws. The two houses shall direct writs of election for supplying intermediate vacancies, and shall also jointly, by ballot, adjourn themselves to any suture day and plaee. „I*. 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 senate or house of commons, or appointed to any office or place of .trust, before taking his seat,-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 ballbt of bosh hotiies, appoint judges of the supreme courts of law and Equity, judges of admiralty, and attorney-general, who shall be com.miflioned by the governor, and hold- their offices (luring good .behaviour. "' "• •

14. That the senate 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 staid. - ---"''.' ''•'' '' '{'' -.15. That the senate and house of commons; jointly i 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 six succeffive years. -That no-person under thirty years of age, and who has not been a resident in this state aboye five years, and having in the state a freehold in lands ana .tenements above the value of'one thousand'ppunJs, shall be eligible

as a governor. '.-. .'■> .- ^-i.i-'>

; 16. That the senate and house of commons, j6intly, 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 ativise the

^ J governor governor in the execution of his office, and that four members shall 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 dissent. And .such journal shall be laid before the general assembly, when called for by them. * .

\n. That there shall be a seal of this state, which shall be kept by the governor, and used by him as occasion may require; and shall be called, The Great SeA of the state of North-Carolina, and be affixed to all grants and commiffions.

-i 8. The governor for the time being shall be captain-general and commander in chief of the militia; and in the recess of the general assembly shall have power, by and with the advice of the council of state, to embody the militia for the public sasety.

19. That the governor for the time being shall have power to draw for, and apply such sums of money as shall be voted by the general assembly for the contingencies of government, and be accountable to them for the same. 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 assembly, 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 constitution 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 absence from the state, the speaker of the house of commons shall exercise the powers of go'- ernment, after inch death, or during such absence 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 case where any officer, the right of whose appointment is by this constitution vested in the general assembly, 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 such vacancy by granting a temporary commiffion, which shall expire at the end of the next seffion of the general assembly. ... '. .;

21. That the governor, judges of the supreme court of law and equity, judges of admira'ty, and attorney-general, shall have adequate salaries, 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 . . state, state, by violating any part of this constitution, mal-administration, or corruption, may be prosecuted on the impeachmentof the general assembly, or presentment of the grand jury of any court of supreme jurisdiction in this state.

24. That the general assembly shall, by joint ballot of both houses, trier.nially appoint a secretary for this state.

25. That no persons, who heretofore have been, or hereafter may be receivers of public monies, shall have a seat in either house of general assembly, or be eligible to any office in this state, until such person shall have sully accounted for, and paid into the treasury, all sums for which they may be accountable and liable.

26. That no treasurer shall have a seat either in senate, house of commons, or council of state, during his continuance in that office, or before he shall have sinally settled his accounts with the public, for all the monies which may be in his hands, at the expiration of his office, belonging to the state, and hath paid the same into the hands of the succeeding treasurer.

27. That no officer in the regular army or navy, in the service and pay of the united states, of this or any other state, nor any contractor or agent for supplying such army or navy with cloathing or provisions, shall have a seat either in the senate, house of commons, or council of state, or be eligible thereto; and any member of the senate, house of eommons, or council of state, being appointed to, and accepting of such office, shall thereby vacate his seat.

28. That no member of the council of state shall have a feat either in the senate or house of commons.

29. That no judge of the supreme court of law or equity, or judge of admiralty, shall have a seat in the senate, house of com* mons, or council of state.

30. That no secretary of this state, attorney-general, or clerit of any court of record, shall have a seat in the senate, house of commons, or council of state.

31. That no clergyman or preacher of the gospel, of any denomination, shall be capable of being a member of either the senate, house of commons, or council of state, while he continues in the exercise of the pastoral sunction.

32. That no person who shall deny the being of God, or the truth of the Protestant religion, or the divine authority either of the Old or New Testament, or who shall hold religious principles incompatible with the freedom and sasety of the state, shall be capable of holding any office, or place of trust or profit in the civil department within this state.

33. That the justices of the peace within their respective counties in this state, shall in suture be recommended to the governor for the time being, by the representatives in general assembly, and the governor shall commiffion them accordingly; and the justices,

when when so commiffioned, shall hold their offices during good behaviour, and shall not be removed from osfice by the general assembly, unless for misbehaviour, absence, or inability. .. 3$j That there shall be no establishment of any one religious church or denomination in this state in preserence to any other, neither (hail any person, on any pretence whatsoever, be compelled to attend any place of worship contrary to his own saith or judgement, nor be obliged to pay for the purchase of any glebe, or the building of any house of worship, or for the maintenance of any minister or ministry, contrary to what he believes right, or has Toluntarily and personally engaged to perform; but all persons shall be at liberty to exercise their own mode of worship. Provided, That nothing herein contained shall be construed to exempt preachers of treasonable or seditious discourses from legal trial and punishment.

33. That no person in the state shall hold more than one lucrative office at any one time. Provided, That no appointment in thdmiliCfa, or the office of a justice of the peace, shall be considered as a lucrative office. .'•:. . -.

36; That all cornmiffions and grants shall run in the name of the state of North-Carolina, and bear test, and be signed by the governor. All writs shall run in the fame manner, and bear test, and be signed by the clerks of the respective courts. Indictments shall conclude, Againjl the peace and dignity os the Jiate.

37. That the delegates for this ftate to the continental congress, while necessary, shall be chosen annually by the general assembly, by ballot, but may be superseded in the mean time irt the same manner, and no person shall he elected to serve in that capacity for more than three years succeffively.

38. That there shall be a sheriff, coroner, or coroners, and constables, in each county within this state.

39. That the person of a debtor, where there is not a strong

fircfumptior^of fraud, shall not be continued in prison, after deIvering up,bond fide, all his estate, real and personal, for the use of his creditors, in such manner as shall be hereafter regulated bylaw. All prisoners shall be bailable by sufficient sureties, unless forcapital offences, when the proof is evident, or the presumption great.

40. That every foreigner who corr«:s to settle in this state, having first taken an oath of allegiance to the same, may purchase, or by other just means acquire, hold, and transser land, or other real estate; and after one year's residence, shall be deemed a free citizen.

41. That a school or schools shall be-established by the legislature, for the convenient instruction of youth, with such salaries to the masters, paid by the public, as may enable them to instruct at low prices; and all usesul learning shall be duly encouraged and promoted in one or mare universities.

S 42. That

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