XXI. That a frequent recurrence to fundamental principles 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.

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 oppressive, unjust, 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 necessary, in order to avoid future difputes, that the limits of the State fhould be ascertained with precifion; and as the former temporary line between North and South Carolina was confirmed and extended by Commiffioners, 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, fhould be

efteemed the fouthern boundary of this State 3 that is to fay, beginning on the fea fide at a Cedar Stake, at or near the mouth of Little River (being the southern extremity of Brunfwic county), and running from thence a northweft course through the Boundary House, which stands in thirty-three degrees fifty-fix minutes, to thirty-five degrees north latitude, and from thence a weft course, 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 described, and the fouthern line of the State 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 State, to be held by them in fovereignty; any partial line, without the confent of the legislature of this State, at any time thereafter directed or laid out in any wife notwithstanding. Provided always, That this Declaration of Rights fhall not prejudice any nation or nations of Indians from enjoying fuch hunting grounds as

may

may have been, or hereafter fhall be fecured to them by any former or future legiflature of this State. And provided alfo, That it fhall not be construed fo as to prevent the establishment of one or more governments weftward of this State, by confent of the legislature. And provided further, That nothing herein contained shall 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

THE

CONSTITUTION,

OR

FORM OF GOVERNMENT, &c,

W

HEREAS 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 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 feas liable to be feized and confifcated to the ufes mentioned in the said Act; and the faid George the Third has also fent fleets and armies to profecute a cruel war against them, for the purpose of reducing the inhabitants of the faid Colonies to a state of abject slavery; 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

taken place: And whereas the Continental Congress, 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 jurisdiction whatsoever; and that the faid Colonies now are, and for ever shall be, free and independent States: Wherefore, in our present ftate, in order to prevent anarchy and confufion, it becomes neceffary that government should be established in this State: Therefore we, the Reprefentatives of the freemen of North-Carolina, chofen and affembled in Congrefs, for the express purpose of framing a Constitution, under the authority of the people, most conducive to their happiness and profperity, do declare, that a government for this State fhall be established in manner and form following, to wit:

I. That the legislative authority fhall be vested in two distinct branches, both dependent on the people, to wit, a SENATE, and HOUSE OF COMMONS.

II. That the Senate fhall be compofed of Representatives annually chofen by ballot, one for each county in the State.

III. That