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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.

The Legislative, cial powers distinct.

Executive and Judi

suspending laws.

SEC. 9. All power of suspending laws, or the execution of the power of 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.

SEC. 10. All elections ought to be free.

SEC. 11. In all criminal prosecutions, every man has the right 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.

Elections free.

In criminal prosecutions.

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 hear 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 education, and it is the duty of the State to guard and maintain that right.

Education.

Elections should

be frequent.

SEC. 28. For redress of grievances, and for amending and strengthening the laws, elections should be often held. SEC. 29. A frequent recurrence to fundamental princi- Recurrence to funples is absolutely necessary to preserve the blessings of liberty.

damental principles.

ments, &c.

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

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 laws 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.

ARTICLE II.

LEGISLATIVE DEPARTMENT.

Two branches.

Time of assem. bling.

Number of Sena

tors.

Senatorial districts

SECTION 1. The Legislative authority shall be vested in two distinct branches, both dependent on the people, towit: a Senate and House of Representatives.

SEC. 2. The Senate and House of Representatives shall meet annually on the third Monday in November, and when assembled, shall be denonrinated the General Assembly. Neither House shall proceed upon public business, unless a majority of all the members are actually present.

SEC. 3. The Senate shall be composed of fifty Senators biennially chosen by ballot.

SEC. 4. Until the first session of the General Assembly which shall be had after the year eighteen hundred and seventy-one, the Senate shall be composed of members elected from districts constituted as follows:

1st District--Perquimans, Chowan, Pasquotank, Currituck, Gates and Camden shall elect two Senators.

2d District-Martin, Washington and Tyrrell shall elect one Senator.

3d District-Beaufort and Hyde shall elect one Senator.
4th District-Northampton shall elect one Senator.
5th District-Bertie and Hertford shall elect one Senator.
6th District-Halifax shall elect one Senator.
7th District-Edgecombe shall elect one Senator.

Sth District-Pitt shall elect one Senator.

9th District-Nash and Wilson shall elect one Senator. 10th District-Craven and Carteret shall elect two Senators.

11th District-Jones and Lenoir shall elect one Senator. 12th District-Duplin and Onslow shall elect one Senator. 13th District-Brunswick and New Hanover shall elect two Senators.

14th District-Bladen and Columbus shall elect one Senator.

15th District-Robeson shall elect one Senator. 16th District-Cumberland, Harnett and Sampson shall elect two Senators.

17th District-Johnston shall elect one Senator.

18th District-Greene and Wayne shall elect one Senator. 19th District-Franklin and Wake shall elect two Senators.

20th District-Warren shall elect one Senator.

21st District-Granville and Person shall elect two Senators.

22d District-Orange shall elect one Senator.

23d District-Chatham shall elect one Senator. 24th District-Caswell shall elect one Senator.

25th District-Rockingham shall elect one Senator. 26th District-Alamance and Guilford shall elect two Senators.

27th District-Randolph and Montgomery shall elect one Senator,

28th District-Moore and Richmond shall elect one Senator.

29th District-Anson and Union shall elect one Senator,
30th District-Mecklenburg shall elect one Senator.
31st District-Cabarrus and Stanly shall elect one Sen-

ator.

32d District-Davie and Rowan shall elect one Senator.
33d District-Davidson shall elect one Senator.
34th District-Forsythe and Stokes shall elect one Sen

ator.

35th District-Surry and Yadkin shall elect one Senator. 36th District-Alexander and Iredell shall elect one Senator.

37th District-Catawba, Gaston and Lincoln shall elect one Senator.

38th District-Cleveland, Polk and Rutherford shall elect one Senator.

39th District-Alleghany, Ashe and Wilkes shall elect one Senator,

Senatorial 'stricts

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