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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, the Eighteenth Day of December, in the Year of Our Lord One Thousand Seven Hundred and Seventy-Six:
Electronic Edition.

North Carolina

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First edition, 2005
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University Library, UNC-Chapel Hill
University of North Carolina at Chapel Hill,
2005.

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Source Description:
(title page) 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, the Eighteenth Day of December, in the Year of Our Lord One Thousand Seven Hundred And Seventy-Six
16 p.
Philadelphia
Printed by F. Bailey, in Market-Street
M.DCC.LXXIX.

Call number VC342.1 1776 (North Carolina Collection, University of North Carolina at Chapel Hill)


        The electronic edition is a part of the UNC-Chapel Hill digitization project, Documenting the American South.
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Illustration

[Title Page Image]

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,
The Eighteenth Day of December, in the Year of our LORD
One Thousand Seven Hundred and Seventy-Six.

PHILADELPHIA:
PRINTED BY F. BAILEY, IN MARKET-STREET.
M.DCC.LXXIX.

Page 3

A DECLARATION of RIGHTS, made by
the Representatives of the Freemen of
the State of North-Carolina.

        I. THAT all Political Power is vested in, and derived from, the People only.

        II. That the People of this State ought to have the sole and exclusive Right of regulating the internal Government and Police thereof.

        III. That no Man, or set of Men, are intitled to exclusive or separate Emoluments or Privileges from the community, but in consideration of publicservices.

        IV. That the legislative, executive, and supreme judicial Powers of Government, ought to be for ever separate and distinct from each other.

        V. 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.

        VI. That Elections of Members, to serve as Representatives in General Assembly, ought to be free.

        VII. 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.

        VIII. That no Freeman shall be put to answer any criminal Charge but by Indictment, Presentment, or Impeachment.

        IX. 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.

        X. That exessive Bail should not be required, nor excessive Fines imposed, nor cruel or unusual Punishments inflicted.

        XI. That General Warrants, whereby any Officer

Page 4

or Messenger may be commanded to search suspected Places, without Evidence of the Fact committed, or to seize any Person or Persons not named, whose Offences is not particularly described and supported by Evidence, are dangerons to Liberty, and ought not to be granted.

        XII. 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.

        XIII. That every Freeman restrained of his Liberty is intitled to a Remedy to inquire into the Lawfulness therof, and to remove the same if unlawful, and that such Remedy ought not to be denied or delayed.

        XIV. 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.

        XV. That the freedom of the Press is one of the great Bulwarks of Liberty, and therefore ought never to be restrained.

        XVI. That the People of this State ought not to 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.

        XVII. 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.

        XVIII. That the People have a Right to assemble together, to consult for their common good, to instruct their Representatives, and to apply to the Legislature for Redress of Grievances.

        XIX. That all Men have a natural and unalienable

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Right to worship Almighty God, according to the Dictates of their own Conscience.

        XX. That for Redress of Grievances, and for amending and strengthening the Laws, Elections ought to be often held.

        XXI. That a frequent Recurrence to fundamental Principles is absolutely necessary to preserve the Blessings of Liberty.

        XXII. That no hereditary Emoluments, Privileges, or Honours, ought to be granted or conferred in this State.

        XXIII. That Perpetuities and Monopolies are contrary to the Genius of a free state and ought not to be allowed.

        XXIV. That retrospective Laws punishing Facts commited before the existance 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.

        XXV. 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 Brunswick 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,

Page 6

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 anywise 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 by the late King George III. or his Predecessors, or the late lords Propriators, or any of them.

Page 7

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, the Eighteenth
Day of December, in the Year of our
Lord One Thousand Seven Hundred and
Seventy six.

        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, & for

Page 8

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,

        I. That the legislative Authority shall be vested in two distinct Branches, both dependent on the People, to wit, a Senate, and House of Commons.

        II. That the Senate shall be composed of Representatives annually chosen by Ballot, one for each County in the State.

        III. 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, Wilmington, Salisbury, Hillsborough, and Halifax.

        IV. That the Senate and house of Commons, assembled for the Purpose of Legislation, shall be denominated the General Assembly.

        V. That each member of the Senate shall have usually resided in the County in which he is chosen for one Year immediately preceeding his Election, and for the same Time shall have possessed, and continue to possess, in the County which he represents, not less than three Hundred Acres of Land in Fee.

        VI. That each Member 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 Fee, or for the Term of his own Life.

        VII. That all Freemen of the Age of Twenty One

Page 9

Years, who have been Inhabitants of any one County within the State twelve Months immediately preceding the Day of any Election, and possessed of a Freehold within the same County of Fifty Acres of Land for six Months next before, and at the Day of Election, shall be intitled to vote for a Member of the Senate.

        VIII. 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 intitled to vote for Members of the House of Commons for the County in which he resides.

        IX. 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, shall be intitled to vote for a Member to represent such town in the House of Commons. Provided always, That this Section shall not intitle 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.

        X. 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 of their Members; sit 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 suplying intermediate Vacancies, and shall also jointly, by Ballot, adjourn themselves to any future Day and Place.

        XI. 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.

        XII. That every Person who shall be chosen a Member

Page 10

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.

        XIII. That the the General Assembly shall, by joint Ballot of both Houses, appoint Judges of the Supreme Courts of Law and Equity, Judges of Admiralty, and Attorney General, who shall be commissioned by the Governor, and hold their Offices during good Behaviour.

        XIV. 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 Sate.

        XV. 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 six successive Years. That no Person under thirty Years of Age, and who has not been a Resident 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.

        XVI. 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 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.

        XVII. 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

Page 11

Great Seal of the State of North Carolina, and be affixed to all Grants and Commissions.

        XVIII. 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 Safety.

        XIX. 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 exceding 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 Case he may, in the Recess grant a Reprieve until the next sitting 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 Government, after such 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.

        XX. 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

Page 12

by granting a temporary Commission, which shall expire at the End of next session of the General Assembly.

        XXI. That the Governor, Judges of the Supreme Court of Law and Equity, Judges of Admiralty, and Attorney General, shall have adequate Salaries, during their Continuance in Office.

        XXII. That the General Assembly shall, by joint Ballot of both Houses, annually appoint a Treasurer or Treasurers for this State.

        XXIII. That the Governor, and other Officer, offending against the State, by violating any Part of this Constitution, Mal-Administration, or Corruption, may be prosecuted on the Impeachment of the General Assembly, or Presentment of the Grand Jury of any Court of Supreme Jurisdiction in this State.

        XXIV. That the General Assembly shall, by joint Ballot of both Houses, triennially appoint a Secretary for this State.

        XXV. 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 fully accounted for, and paid into the Treasury, all Sums for which they may be accountable and liable.

        XXVI. That no Treasurer shall have a Seat in either Senate, House of Commons, or Council of State, during his Continuance in that Office, or before he shall have finally settled his Accounts with the Public for all 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.

        XXVII. 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 suplying such Army or Navy with clothing or provisions, shall have a Seat in either the Senate, House of Commons or Council of State, or be eligible

Page 13

thereto; and any Member of the Senate, House of Commons, or Council of State, being appointed to, and accepting of such Office, shall thereby vacate his Seat.

        XXVIII. That no Member of the Council of State shall have a Seat either in the Senate or House of Commons.

        XXIX. That no Judge of the Supreme Court of Law or Equity, or Judge of Admiralty, shall have a Seat in the Senate, House of Commons, or Council of State.

        XXX. That no Secretary of this State, Attorney General, or Clerk of any Court of Record, shall have a Seat in the Senate, House of Commons, or Council of State.

        XXXI. 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 Function.

        XXXII. 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 Safety of the State, shall be capable of holding any Office, or Place of Trust or profit in the civil Department within this State.

        XXXIII. That the Justices of the Peace within their respective Counties in this State, shall in future be recommended to the Governor, for the time being, by the Representatives in General Assembly, and the Governor shall commission them accordingly; and the Justices, when so commissioned, shall hold their Offices during good Behaviour, and shall not be removed from Office by the General Assembly, unless for Misbehaviour, Absence, or Inability.

        XXXIV. That there shall be no Establishment of any one religious Church or Denomination in this State in Preference to any other, neither shall any Person, on any Pretence whatsoever, be compelled to attend

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any Place of Worship contrary to his own Faith or Judgment, 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 voluntarily 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 constructed to exempt Preachers of treasonable or seditious Discourses from legal Trial and Punishment.

        XXXV. That no person in the State shall hold more than one lucrative Office at any one Time. Provided, That no Appointment in the Militia, or the Office of a Justice of the Peace, shall be considered as a lucrative Office.

        XXXVI. That all Commissions 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 same Manner, and bear Test, and be signed by the Clerks of the respective Courts. Indictments shall conclude, Against the Peace and Dignity of the State.

        XXXVII. That the Delegates for this State to the Continental Congress, while necessary, shall be chosen annually by the General Assembly, by Ballot, but may be superseded in the mean time in the same Manner, and no Person shall be elected to serve in that Capacity for more than three Years successively.

        XXXVIII. That there shall be a Sheriff, Coroner or Coroners, and constables, in each County within this State.

        XXXIX. That the Person of a Debtor, where there is not a strong Presumption of Fraud, shall not be continued in Prison, after delivering up, bona fide, all his Estate, real and personal, for the use of his Creditors, in such manner as shall be hereafter regulated by Law. All Prisoners shall be bailable by sufficient sureties, unless for capital Offences, when the proof is evident, or the Presumption great.

Page 15

        XL. That every Foreigner who comes 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 transfer Land, or other real Estate; and after one Year's Residence, shall be deemed a free Citizen.

        XLI. 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 useful Learning shall be duely encouraged and promoted in one or more Universities.

        XLII. That no purchase of Lands shall be made of the Indian Natives, but on Behalf of the public, by Authority of the General Assembly.

        XLIII. That the future Legislature of this State shall regulate Intails, in such a Manner as to prevent Perpetuities.

        XLIV. That the Declaration of the Rights is hereby declared to be Part of the Constitution of this State, and ought never to be violated, on any Pretence whatsoever.

        XLV. That any Member of either House of General Assembly shall have Liberty to dissent from, and protest against, any act or Resolve which he may think injurious to the Public, or any individual, and have the Reasons of his Dissent entered on the Journals.

        XLVI. That neither House of the General Assembly shall proceed upon Public Business, unless a Majority of all the Members of such House are actually present; and that upon a Motion made and seconded, the Yeas and Nays upon any Question shall be taken and entered on the Journals; and that the Journals of the Proceedings of both Houses of the General Assembly shall be printed, and made public, immediately after their Adjournment.

        This Constitution is not intended to preclude the present Congress from making a temporary Provision for the well ordering of this State, until the General

Page 16

Assembly shall establish Government agreeable to the Mode herein before described.

RICHARD CASWELL, PRESIDENT.

December the Eighteenth, One Thousand Seven Hundred and Seventy Six,
read the third Time, and ratified in open Congress.

By Order,

JAMES GREEN, Jun. Sec'ry

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