Political pow er and government. Internal government of the State. That there is no right to secede. Of allegiance to the U. S. government. Public Debt. Exclusive emoluments, &c The Legisla tive, Executive and Judicial 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 this 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 distinct. powers of the government ought to be forever separate and distinct from each other. Of the power of suspending laws. SEC. 9. All power of suspending laws, or the execution of laws, by any authority, without the consent of the repre sentatives of the people, is injurious to their rights, and ought not to be exercised. Elections free. prosecutions. SEC. 10. All elections ought to be free. SEC. 11. In all criminal prosecutions, every man has the In criminal 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. 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 exces- Excessive bail sive fines imposed, nor cruel or unusual punishments inflicted. Scc. 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. General warrants. SEC. 16. There shall be no imprisonment for debt in this Imprisonment State, except in cases of fraud. 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. for debt. No person to but by law of be taken, &c., the land. strained of lib SEC. 18. Every person restrained of his liberty, is entitled Persons reto a remedy to enquire into the lawfulness thereof, and to erty. remove the same, if unlawful; and such remedy ought not to be denied or delayed. SEC. 19. In all controversies at law respecting property, Controversies the ancient mode of trial by jury is one of the best secur- ing property. at law respect Freedom the Press. ities of the rights of the people, and ought to remain sacred and inviolable. of 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. Habeas Cor pus. Property qualification. Representation and taxation. Militia, and the right to bear arms. Right of the people to assemble together. Religious lib erty. Education. Elections quent. 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. SEC. 28. For redress of grievances, and for amending should be fre- and strengthening the laws, elections should be often held. SEC. 29. A frequent recurrence to fundamental principrinciples. ples, is absolutely necessary to preserve the blessings of Recurrence to fundamental liberty. SEC. 30. No hereditary emoluments, privileges, or honors, ought to be granted or conferred in this State. Hereditary emoluments, &c &c. SEC. 31. Perpetuities and monopolies are contrary to the Perpetnities, genius of a free State, and ought not to be allowed. SEC. 32. Retrospective laws, punishing acts committed 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 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. Expost factal laws. Slavery pro hibited. State bounda ries. Courts be open, &c. shall 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. SEC. 36. No soldier shall, in time of peace, be quartered Soldiers in in any house without the consent of the owner; nor in time of war, but in a manner prescribed by law. time of peace. of the people. SEC. 37. This enumeration of rights shall not be construed Other rights to impair or deny others, retained by the people; and all powers, not herein delegated, remain with the people. ARTICLE II. LEGISLATIVE DEPARTMENT. SECTION 1. The Legislative authority shall be vested in Two branches. two distinct branches, both dependent on the people, to wit: 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 denominated the General Assembly. Time of assembling. Number of Senators. Senatorial dis tricts. 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. 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 Sena tors. 20th District-Warren, shall elect one Senator. 21st District-Granville and Person, shall elect two Senators. 22d District-Orange, shall elect one Senator. |