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militia, or the office of a Justice of the Peace, /hall be considered as a lucrative office.
XXXVI. That all commissions and grants shall run in the name of The State of NorthCarolina, 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to the Continental Congress, while necessary, shall be chosen annually by the General Assembly, by ballot, but may be superseded in the mean time in the same manner; and no person mall be elected to serve in that capacity for more than three years successively.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, bond fide, all his estate, real and personal, for the use of his creditors, in such manner ner 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.
XL. That every foreigner who eomes 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 (hall 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 duly 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 suture legislature of this State shall regulate entails in such a manner as to prevent perpetuities.
X 4 XLIV. That
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 Assembly shall have liberty to dissent from, and protest against, any act qr resolve which he may think injurious tp the public, or any individual, and have the reasons of his dissent entered on the Tournals.
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 aster 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 Assembly shall esta
blish government agreeable to the mode herein before described.
RICHARD CASWELL, President.
December the eighteenth, one thousand seven hundred and seventyrtix, read the third fime, and ratified in open Congress.
James Green, Jun. Secretary.
FOR ESTABLISHING THE
O F T H E
STATE Of SOUTH-CAROLINA,
PASSED THE NINETEENTH DAY OF MARCH, 1778.
WHEREAS the Constitution or Form of Government agreed to and resolved upon by the Freemen of this country, met in Congress the 26th day of March, 1776, was temporary only, and suited to the situation of their public affairs at that period, looking forward to an accommodation with Great-Britain, an event then desired: and whereas the United Colonies of America have been since constituted Independent States, and the political connexion heretofore subsisting between them and GreatBritain entirely dislblved, by the Declaration of the Honourable the Continental Congress,