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If all or any of the Judges of the General Court should, on good grounds (to be judged of by the Houfe of Delegates) be accufed of any of the crimes or offences above mentioned, fuch Houfe of Delegates may, in like manner, impeach the Judge or Judges fo accufed, to be profecuted in the Court of Appeals; and he or they, if found guilty, fhall be punished in the fame manner as is prefcribed in the preceding claufe.

Commiffions and grants fhall run "In the name of the Commonwealth of Virginia," and bear teft by the Governor, with the feal of the commonwealth annexed. Writs fhall run in the fame manner, and bear teft by the Clerks of the feveral courts. Indictments fhall conclude," Against the peace and dignity of the commonwealth.”

A Treafurer fhall be appointed annually, by joint ballot of both Houfes.

All efcheats, penalties, and forfeitures, heretofore going to the king, fhall go to the commonwealth, fave only fuch as the Legislature may abolish, or otherwife provide for.

The territories, contained within the charters, erecting the colonies of Maryland, Pennsylvania, North and SouthCarolina, are hereby ceded, releafed, and forever confirmed to the people of these colonies refpectively, with all the rights of property, jurifdiétion and government, and all other rights whatfoever, which might, at any time heretofore, have been claimed by Virginia, except the free navi, gation and ufe of the rivers Potomaque and Pokomoke, with the property of the Virginia fhores and ftrands, bordering on either of the faid rivers, and all improvements, which have been, or fhall be made thereon. The western and northern extent of Virginia fhall, in all other refpects, ftand, as fixed by the charter of king James I. in the year one thoufand fix 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 fixty-three; unless by act of this Legislature, one or more governments be eftablished weft. ward of the Alleghany mountains. And no purchases of lands fhall be made of the Indian natives, but on behalf of the public, by authority of the General Affembly.

NORTH-CAROLINA.

The CONSTITUTION, or Form of Government, agreed to and refolved upon, by the Reprefentatives of the Freemen of the ftate of North-Carolina, elected and chofen for that particular purpofe, in Congress affembled, at Hallifax, Dec. 18, 1776.

1.

A DECLARATION OF RIGHTS, &c.

THAT
HAT all political power is vefted in, and derived
from the people only.

II. That the people of this ftate ought to have the fole and exclufive right of regulating the internal government and police thereof.

III. That no man, or fet of men, are entitled to exclufive or feparate emoluments or privileges from the community, but in confideration of public fervices.

IV. That the legislative, executive, and fupreme judicial powers of government, ought to be forever feparate and dif tinct from each other.

V. That all powers of fufpending laws, or the execution of laws, by any authority, without confent of the Reprefentatives of the people, is injurious to their rights, and ought not to be exercised.

VI. That elections of Members, to ferve as Reprefenta tives in General Affembly, ought to be free.

VII. That, in all criminal profecutions, every man has a right to be informed of the accufation against him, and to confront the accufers and witnesses with other teftimony, and fhall not be compelled to give evidence against himself.

VIII. That no freeman hall be put to answer any crimi. nal charge, but by indictment, prefentment or impeachment. IX. That no freeman fhall 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 exceffive bail fhould not be required, nor excef. five fines impofed, nor cruel or unufual punishments inflicted. XI. That general warrants, whereby an officer or meffenger, may be commanded to fearch fufpected places, without evidence of the fact committed, or to feize any perfon or perfons, not named, whofe offences are not particularly de

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fcribed, and fupported by evidence-are dangerous to liberty, and ought not to be granted.

XII. That no freeman ought to be taken, imprifoned, of diffeized of his freehold, liberties or privileges, or outlawed, or exiled, or in any manner deftroyed, or deprived of his life, liberty, or property, but by the law of the land.

XIII. That every freeman, restrained of his liberty, is entitled to a remedy, to enquire into the lawfulness there. of, and to remove the fame, if unlawful; and that such remedy ought not to be denied or delayed.

XIV. That in all controverfies at law, refpecting property, the ancient mode of trial, by jury, is one of the best fecurities of the rights of the people, and ought to remain facred and inviolable.

XV. That the freedom of the prefs is one of the great bulwarks of liberty, and therefore ought never to be reftrained.

XVI. That the people of this state ought not to be taxed or made fubject to the payment of any impoft, or duty, without the confent of themfelves, or their Representatives in General Affembly freely given.

XVII. That the people have a right to bear arms, for the defence of the ftate; and as ftanding armies, in time of peace, are dangerous to liberty, they ought not to be kept up; and that the military fhould be kept under strict subor. dination to, and governed by the civil power.

XVIII. That the people have a right to affemble together, to confult for their common good, to instruct their Reprefentatives, and to apply to the Legislature for redress of grievances.

XIX. That all men have a natural and unalienable right to worship Almighty God, according to the dictates of their own confciences.

XX. That for redrefs of grievances, and for amending and ftrengthening the laws, elections ought to be often held.

XXI. That a frequent recurrence to fundamental princi ples is abfolutely neceffary, to preferve the bleffings of liberty.

XXII. That no hereditary emoluments, privileges, or honours ought to be granted or conferred in this state.

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XXIII. That perpetuities and monopolies are contrary to the genius of a free ftate, and ought not to be allowed.

XXIV. That retrofpective laws, punishing facts, committed before the existence of fuch laws, and, by them only, declared criminal, are oppreffive, unjuft, and incompatible with liberty; wherefore no ex poft facto law ought to be

made.

XXV. The property of the foil, in a free government, being one of the effential rights of the collective body of the people, it is neceffary, in order to avoid future difputes, that the limits of the state should be ascertained with precision: and as the former temporary line, between North and SouthCarolina, was confirmed, and extended by commiffioners, appointed by the Legislatures of the two ftates, agreeable to the order of the late king George II. in council, that line, and that only, fhould be efteemed the fouthern boundary of this state-that is to fay, beginning on the fea fide, at a cedar ftake, at or near the mouth of Little river, (being the fouthern extremity of Brunfwic county) and running from thence a north-weft courfe, through the boundary house, which ftands in thirty-three degrees fifty-fix minutes, to thirty-five degrees north-latitude; and from thence a weft courfe fo far as is mentioned in the charter of king Charles II. to the late proprietors of Carolina. Therefore all the territory, feas, waters and harbours, with their appurtenances, lying between the line above defcribed, and the fouthern line of the ftate of Virginia, which begins on the fea-fhore, in thirty-fix degrees, thirty minutes, north latitude, and from thence runs weft, agreeable to the faid charter of King Charles, are the right and property of the people of this ftate, to be held by them in fovereignty; any partial line, without the confent of the Legiflature of this ftate, at any time thereafter directed or laid out, in any wife notwithstanding: Provided always, That this declaration of right fhall not prejudice any nation or nations of Indians, from enjoying fuch hunting grounds as may have been, or hereafter shall be, fecured to them, by any former or future Legislature of this ftate:-And provided aljo, That it fhall not be conftrued, fo as to prevent the establishment of one or more governments, weftward of this ftate, by confent of the Legislature:-And provided further, That nothing herein

contained, fhall affect the titles or poffeffions of individuals, holding or claiming under the laws heretofore in force, or grants heretofore made by the late king George II. or his predeceffors, or the late lords proprietors, or any of them.

THE CONSTITUTION OR FORM OF GOVERNMEnt, &c.

WHEREAS allegiance and protection are, in their nature, reciprocal, and the one, fhould of right be refused, when the other is withdrawn :

And whereas, George the third, King of Great Britain, and late fovereign 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 thefe fates out of the protection of the British crown, and all their property found upon the high feas, liable to be seized, and confifcated to the ufes mentioned in the faid act; and the said George the third, has alfo fent fleets and armies, to profecute a cruel war against them, for the purpose of reducing the inhabitants of the faid colonies to a ftate of abject flavery; in confequence whereof, all government under the faid king, within the faid colonies, hath ceased, and a total diffolution of government, in many of them, hath taken place:

And whereas, the continental Congrefs, having confidered 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 abfolved from all allegiance to the British crown, or any other foreign jurifdiction whatsoever; and that the faid colonies now are, and forever shall be, free and independent ftates

Wherefore, in our prefent ftate, in order to prevent anarchy and confufion, it becomes neceffary that government fhould be established in this state; therefore, We, the Reprefentatives of the freemen of North-Carolina, chofen and affembled in Congrefs, for the exprefs purpose of framing a constitution, under the authority of the people, most conducive to their happiness and profperity, do declare, that a goQ

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