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We, the people of the State of North Carolina, grateful Preamble. to Almighty God, the Sovereign Ruler of Nations, for the preservation of the American Union, and the existence of our civil, political and religious liberties, and acknowledging our dependence upon Him, for the continuance of those blessings to us and our posterity, do, for the more certain security thereof, and for the better government of this State, ordain and establish this Constitution,

ARTICLE I.

DECLARATION OF RIGHTS.

That the great, general and essential principles of liberty and free government, may be recognized and established, and that the relations of this State to the Union and government of the United States, and those of the people of this State to the rest of the American people, may be defined and affirmed, we do declare:

The equality and rights of men.

Political power and governments

Internal government of the State.

That there is no right to secede.

Of allegiance to the U. S. government.

Public Debt.

Exclusive emoluments, &c.

SECTION 1. That we hold it to be self-evident that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, the enjoyment of the fruits of their own labor, and the pursuit of happiness.

SEC. 2. That all political power is vested in, and derived From; the people; all government of right originates from the people, is founded upon their will only, and is instituted solely for the good of the whole.

SEC. 3. That the people of this State have the inherent, sole, and exclusive right of regulating the internal government and police thereof, and of altering and abolishing their Constitution and form of government, whenever it may be necessary to their safety and happiness; but every such right should be exercised in pursuance of law, and consistently with the Constitution of the United States.

SEC. 4. That this State shall ever remain a member of the American Union; that the people thereof are part of the American nation; that there is no right on the part of the State to secede, and that all attempts from whatever source or upon whatever pretext, to dissolve said Union, or to sever said nation, ought to be resisted with the whole. power of the State.

SEC. 5. That every citizen of this State owes paramount allegiance to the Constitution and Government of the United States, and that no law or ordinance of the State in contravention or subversion thereof, can have any binding force.

SEC. 6. To maintain the honor and good faith of the State untarnished, the public debt, regularly contracted before and since the rebellion, shall be regarded as inviolable and never be questioned; but the State shall never assume or pay, or authorize the collection of, any debt or obligation, express or implied, incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave.

SEC. 7. No man or set of men are entitled to exclusive or

separate emoluments or privileges from the community but in consideration of public services.

SEC. 8. The Legislative, Executive, and Supreme judicial powers of the government ought to be forever separate and distinct from each other.

SEC. 9. All power of suspending laws, or the execution. of laws, by any authority, without the consent of the Representatives of the people, is injurious to their rights, and ought not to be exercised.

The Legislative, cial powers distinct.

Executive and Judi

Of the power of suspending laws.

Elections free.

cutions.

SEC. 10. All elections ought to be free. SEC. 11. In all criminal prosecutions, every man has the In criminal proseright to be informed of the accusation against him and to confront the accusers and witnesses with other testimony, and to have counsel for his defence, and not be compelled to give evidence against himself, or to pay costs, jail fees, or necessary witness fees of the defence, unless found guilty.

SEC. 12. No person shall be put to answer any criminal charge, except as hereinafter allowed, but by indictment, presentment, or impeachment.

Answers to criminal charges.

SEC. 13. No person shall be convicted of any crime but Right of Jury. by the unanimous verdict of a jury of good and lawful men in open court. The Legislature may, however, provide other means of trial for petty misdemeanors, with the right of appeal.

SEC. 14. Excessive bail should not be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted.

SEC. 15. General warrants, whereby any officer or messenger may be commanded to search suspected places, without evidence of the act committed, or to seize any person or persons not named, whose offence is not particularly described and supported by evidence, are dangerous to liberty and ought not to be granted.

Excessive bail.

General warrants.

debt

SEC. 16. There shall be no imprisonment for debt in this Imprisonment for State, except in cases of fraud.

No person to be taken, &c., but by law of the land.

Persons restrained

of liberty.

Controversies at law respecting property.

Freedom of the Press.

Habeas Corpus.

Property qualification.

Representation and taxation.

Militia, and the right to bear arms.

Right of the pcople to assemble together.

Religious liberty.

SEC. 17. No person ought to be taken, imprisoned or disseized of his freehold, liberties or privileges, or outlawed, or exiled, or in any manner deprived of his life, liberty, or property, but by the law of the land.

SEC. 18. Every person restrained of his liberty is entitled to a remedy to enquire into the lawfulness thereof, and to remove the same, if unlawful; and such remedy ought not to be denied or delayed.

SEC. 19. 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.

SEC. 20. The freedom of the press is one of the great bulwarks of liberty, and therefore ought never to be restrained, but every individual shall be held responsible for the abuse of the same.

SEC. 21. The privilege of the writ of habeas corpus shall not be suspended.

SEC. 22. As political rights and privileges are not dependent upon, or modified by property, therefore no property qualification ought to affect the right to vote or hold office.

SEC. 23. 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.

SEC. 24. A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed; and, as standing armies, in time of peace, are dangerous to liberty, they ought not to be kept up, and the military should be kept under strict subordination to, and governed by, the civil power.

SEC. 25. 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.

SEC. 26. All men have a natural and unalienable right to worship Almighty God according to the dictates of their

own consciences, and no human authority should, in any case whatever, control or interfere with the rights of conscience.

SEC. 27. The people have a right to the privilege of edu- Education. cation, and it is the duty of the State to guard and main

tain that right.

SEC. 28. For redress of grievances, and for amending and Elections should strengthening the laws, elections should be often held.

be frequent.

damental principles.

SEC. 29. A frequent recurrence to fundamental princi- Recurrence to funples is absolutely necessary to preserve the blessings of liberty.

SEC. 30. No hereditary emoluments, privileges, or honors, Hereditary emoluought to be granted or conferred in this State.

ments, &c.

SEC. 31. Perpetuities and monopolies are contrary to the Perpetuities, &c. genius of a free State, and ought not to be allowed.

SEC. 32. Retrospective laws, punishing acts committed Ex post facto lawe before the existence 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. No law taxing retrospectively, sales, purchases, or other acts previously done, ought to be passed.

SEC. 33. Slavery and involuntary servitude, otherwise Slavery prohibited. than for crime whereof the parties shall have been duly convicted, shall be, and are hereby forever prohibited within this State.

SEC. 34. The limits and boundaries of the State shall be and remain as they now are.

SEC. 35. All courts shall be open, and every person for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial, or delay.

State boundaries.

Courts shall be

open, &c.

peace.

SEC. 36. No soldier shall, in time of peace, be quartered Soldiers in time of in any house without the consent of the owner; nor in time

of war, but in a manner prescribed by law.

people.

SEC. 37. This enumeration of rights shall not be construed Other rights of the to impair or deny others, retained by the people; and all powers, not herein delegated, remain with the people.

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