ty, shall have a feat 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, fhall have a feat 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, Houfe of Commons, or Council of State, while he continues in the exercise of the paftoral function.

XXXII. That no perfon who fhall deny the being of God, or the truth of the Proteftant religion, or the divine authority either of the Old or New Teftament, or who fhall hold religious principles incompatible with the freedom and fafety of the State, fhall be capable of holding any office, or place of trust or profit, in the civil department within this State.

XXXIII. That the Juftices of the Peace within their refpective counties in this State, fhall in future be recommended to the Governor for the time being, by the Representatives in General Affembly, and the Governor, shall commiffion them accordingly; and the Juftices,

when

when fo commiffioned, shall hold their offices during good behaviour, and fhall not be removed from office by the General Affembly, unless for misbehaviour, abfence, or inability.

XXXIV. That there fhall be no establishment of any one religious church or denomination in this State in preference to any other; neither shall any perfon, on any pretence whatfoever, be compelled to attend any place of worship contrary to his own faith 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 Minifter or Ministry, contrary to what he believes right, or has voluntarily and perfonally engaged to perform; but all perfons shall be at liberty to exercise their own mode of worship. Provided, that nothing herein contained shall be conftrued to exempt preachers of treasonable or feditious difcourfes from legal trial and punishment.

XXXV. That no perfon in the State shall hold more than one lucrative office at any one time. Provided, that no appointment in the

X 3

militia,

militia, or the office of a Justice of the Peace, fhall be confidered as a lucrative office.

XXXVI. That all commiffions and grants fhall run in the name of The State of NorthCarolina, and bear test, and be figned by the Governor. All writs fhall run in the fame manner, and bear teft, and be figned by the Clerks of the respective Courts. Indictments fhall conclude, Against the peace and dignity of

the State.

XXXVII. That the Delegates for this State to the Continental Congrefs, while neceffary, shall be chofen annually by the General Affembly, by ballot, but may be fuperfeded in the mean time in the fame manner; and no person shall be elected to ferve in that capacity for more than three years fucceffively.

XXXVIII. That there fhall be a Sheriff, Coroner, or Coroners, and Conftables, in each county within this State.

XXXIX. That the person of a debtor, where there is not a strong prefumption of fraud, fhall not be continued in prifon, after delivering up, bonâ fide, all his eftate, real and perfonal, for the ufe of his creditors, in fuch man

ner

ner as shall be hereafter regulated by law. All prisoners shall be bailable by fufficient fureties, unless for capital offences, when the proof is evident, or the presumption great.

XL. That every foreigner who comes to fettle in this State, having firft taken an oath of allegiance to the fame, may purchase, or by other juft means acquire, hold and transfer land, or other real estate; and after one year's refidence fhall be deemed a free citizen.

XLI. That a school or schools fhall be established by the legislature, for the convenient instruction of youth, with fuch falaries to the masters, paid by the public, as may enable them to inftruct at low prices; and all useful learning fhall be duly encouraged and promoted in one or more universities.

XLII. That no purchase of lands fhall be made of the Indian natives, but on behalf of the public, by authority of the General Affembly.

XLIII. That the future legiflature of this State fhall regulate entails in fuch a manner as to prevent perpetuities.

XLIV. That the Declaration of 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 Affembly shall have liberty to dif fent from, and protest against, any act or refolve which he may think injurious to the public, or any individual, and have the reafons of his diffent entered on the Journals.

XLVI. That neither Houfe of the General Affembly fhall proceed upon public business, unless a majority of all the Members of fuch House are actually prefent; and that upon a motion made and feconded, the yeas and nays upon any question fhall be taken and entered on the Journals; and that the Journals of the proceedings of both Houses of the General Affembly shall be printed, and made public, immediately after their adjournment.

This Conftitution is not intended to preclude the present Congrefs from making a temporary provifion for the well-ordering of this State, until the General Affembly shall efta

blish