APPENDIX.

A DECLARATION OF RIGHTS.

At a Congress of the Representatives of the Freemen of the State of North-Carolina, assembled at Halifax, the seventeenth day of December, in the year of our Lord one thousand seven hundred and seventy-six, for the purpose of establishing a CONSTITUTION or FORM OF GOVERNMENT for the said State.

A DECLARATION OF RIGHTS,

Made by the Representatives of the Freemen of the State of

North-Carolina.

SECTION I.

THAT all political power is vested in and derived from the people only.

II.

That the people of this State ought to have the sole and exclusive right of regulating the internal government and police thereof.

III.

That no man or set of men are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services.

IV.

That the legislative, executive, and supreme judicial powers of governmen ought to be forever separate and distinct from each other.

V.

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

VI.

That elections of members to serve as representatives in General Assembly ought to be free.

VII.

That in criminal prosecutions every man has a right to be informed of the accusation against him, and to confront his accusers and witnesses with other testimony, and shall not be compelled to give evidence against himself.

VIII.

That no freeman shall be put to answer any criminal charge, but by indictment, presentment, or impeachment.

IX.

That no freeman shall 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 excessive bail should not be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted.

XI.

That general warrants whereby any officer or messenger may be commanded to search suspected places, without evidence of the fact 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.

XII.

That no freeman ought to be taken, imprisoned or disseised of his freehold, liberties or privileges, or outlawed or exiled, or in any manner destroyed 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 thereof, and to remove the same if unlawful, and that such remedy ought not to be denied or delayed.

XIV.

That 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.

XV.

That the freedom of the press is one of the great bulwarks of liberty, and therefore ought never to be restrained.

XVI.

That 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.

XVII.

That the people have a right to bear arms for the defence of the state; and as standing armies in time of peace are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by, the civil power.

XVIII.

That 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.

XIX.

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

XX.

That for redress of grievances, and for amending and strengthening the laws, elections ought to be often held.

XXI.

That a frequent recurrence to fundamental principles is absolutely necessary to preserve the blessings of liberty.

XXII.

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

XXIII.

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

XXIV.

That retrospective laws, punishing facts committed before the existence of such laws, and by them only declared criminal, are oppressive, unjust, and incompatible with liberty, wherefore no ex post fucto law ought to be

made.

XXV.

;

The property of the soil in a free government, being one of the essential rights of the collective body of the people, it is necessary in order to avoid future disputes, that the limits of the state should be ascertained with precision ; and as the former temporary line between North and South Carolina was confirmed and extended by Commissioners appointed by the legislatures of the two states, agreeable to the order of the late King George the second, in council, that line, and that only, should be esteemed the southern boundary of this state, as follows; that is to say, Beginning on the sea side, at a cedar stake at or near the mouth of Little river, being the southern extremity of Brunswick county, and running from thence a nortla west course through the boundary house, which stands in thirty-three degrees, fifty-six minutes, to thirty-five degrees north latitude and from thence a west course so far as is mentioned in the charter of King Charles the second, to the late proprietors of Carolina; therefore all the territories, seas, waters, and harbors, with their appurtenances, lying between the ling above described and the southern line of the state of Virginia, which begins on the sea shore in thirty-six degrees thirty minutes, north latitude, and from thence runs west, agreeable to the said charter of King Charles, are the right and property of the people of this state, to be held by them in sovereignty, any partial line without the consent of the legislature of this state, at any time thereafter directed or laid out, in any wise notwithstanding. Provided always, That this Declaration of Rights shall not prejudge any nation or nations of Indians, from enjoying such hunting grounds as may have been, or hereafter shall be secured to them by any former or future legislature of this state. And provided also, That it shall not be construed so as to prevent the establishment of one or more governments westward of this, by consent of the legislature.* And provided further, That nothing herchi contained, shall affect the titles of possessions of individuals, holding or

* In the year 1789 the Legislature of this State ceded to the Congress of the United States, "all right, title and claim, which this State had to the sovereignty and territory of the lands situate within the chartered limits of this State, west of a line beginning on the extreme height of the Stone Mountain, at the place where the Virginia line intersects it, running thence

claiming under the laws heretofore in force, or grants heretofore made by the late King George the Third, or his predecessors, or the late Lords Proprietors, or any of them.

December the 17th day, A. D. 1776, read the 2
third time, and ratified in open Congress.
(Copy, Test.)

R. CASWELL, President

J. GLASGOW, Secretary.

along the extreme height of the said mountain to the place where Wataugo River breaks through it, thence a direct course to the top of the Yellow Mountain, where Bright's road crosses the same, thence along the ridge of the said mountain between toe waters of Doe River and the waters of Rock Creek, to the place where the road crosses the Iron Mountain, from thence along the extreme height of said Mountain to where Nolichucky River runs through the same, thence to the top of the Bald Mountain, thence along the extreme height of said Mountain to the Painted Rock on French Broad River, along the highest ridge of the said Mountain to the place where it is called the Great Iron or Smoaky Mountain, thence along the extreme height of said Mountain to the place where it is called Unicoy or Unaka Mountain, between the Indian towns of Cowee and Old Chota, thence along the main ridge of the said Mountain to the southern boundary of this State." And the Congress in the following year, accepted this cession.