t h -a 
 
 CONSTITUTION, 
 
 O R 
 
 FORM of GOVERNMENT, 
 
 AGREED TO, and RESOLVED UPON* 
 BY THE 
 
 Representatives of the Freemen 
 
 OF THE 
 
 ST A T E 
 
 O F 
 
 NORTH-CAROLINA, 
 
 Elected and chosen for that particular Pvrpose, 
 
 In CONGRESS assembled, at HALIFAX* 
 
 The Eighteenth Day of December, in the Year ©f our Lorb 
 One Thoufand Seven Hundred and Seventy- Six, 
 
 PHILADELPHIA: 
 Printed by F ? A I L E Y, in Market-Street, 
 
 ?• .DCC.X.XX.1X. 
 
C 3 3 
 
 A Declaration 0/ Rights, made by 
 the Reprefentatives of the Freemen of 
 > the State of North-Carolina. 
 
 I. HpHAT all Political Power is veiled in, and 
 X derived from, the People only. 
 
 II. That the People of this State ought to have the 
 fole and exclufive Right of regulating the internal 
 Government and Police thereof. 
 
 III. That no Man, or fet of Men, are intitled to 
 exclufive or feparate Emoluments or Privileges from 
 the community,but in confideration of publicfervices. 
 
 IV. That the legiflative, executive, and fupreme 
 judicial Powers of Government, ought to be for ever 
 feparate and diftinct from each other. 
 
 V. That all powers of fufpending Laws, or the 
 Execution of Laws, by any Authority, without Con- 
 fent of the Reprefentatives of the People, is injuri- 
 ous to their Rights, and ought not to be exercifed. 
 
 VI. That Elections of Members, to ferve as Re- 
 prefentatives in General AfTembly, ought to be free. 
 
 VII. That in all criminal Profecutions every Man 
 has a Right to be informed of the accufation againft 
 him, and to confront the Accufeis and WitneiTes 
 with other Teftimony, and fhall not be compelled to 
 give Evidence againft himfelf. 
 
 VIII. That no Freeman fhall be put toanfwer any 
 criminal Charge but by Indictment, Prefentment, or 
 
 I Impeachment. 
 ^ IX. That no Freeman fhall be convicted of any 
 Crime, but by the unanimous Verdict of a Jury of 
 good and lawful Men, in open Court, as heretofore 
 ufed. 
 
 X. That exefftve Bail mould not be v required, nor 
 cxceffive Fines impofed, nor cruel or unufual Pu- 
 nifhments inflicted. 
 
 XI. That General Warrants, whereby any Officer 
 
 or 
 
( 4 ) 
 
 or Meflenger may be commanded to fearch fufpecled 
 Piaces, without Evidence of the Fa.dk committed, 
 or to feize any Perfon or Perfons not named, whofe 
 Offences is not particularly defcribed and Supported 
 by Evidence, are dangerons to Liberty, and ought 
 not to be granted. 
 
 XII. That no Freqgnan ought to be taken, impri- 
 foned, or difleized of his freehold, Liberties or Pri- 
 vileges, or outlawed or exiled, or in any Manner 
 deftroyed or deprived of his Life, Liberty, or Pro- 
 perty, but by the Law of the Land. 
 
 XIII. That every Freeman reftrained of his Li- 
 berty is intitled to a Remedy to inquire into the 
 Lawfulnefs therof, and to remove the fame if un- 
 lawful, and that fuch Remedy ought not to be deni- 
 ed or delayed. 
 
 XIV. That in all controverfies at Law refpe&ing 
 Property, the ancient Mode of Trial by Jury is one 
 of the beft Securities of the Rights of the People, 
 and ought to remain facred and inviolable. 
 
 XV. That the freedom of the Prefs is one of the 
 great Bulwarks of Liberty, and therefore ought ne- 
 ver to be reftrained. v 
 
 XVI. That the People of this State ought not to be 
 taxed, or made fubjecl: to the Payment of any Im T 
 poft or Duty, without the Confent of themfelves, or 
 their Reprefentatives in General Aflembly, freely 
 given. 
 
 XVII. That the People have a Right to bear Arms 
 for the defence of the State ; and as ftanding Ar- 
 mies in Time of Peace are dangerous to Liberty, 
 they ought not to be kept up ; and that the Military 
 fhould be kept under ftricl; Subordination to, and 
 governed by the civil Power. 
 
 XVIII. That the People have a Right to aflemble 
 together, to confult for their common good, to in- 
 itruft their Reprefentatives, and to apply to theLe- 
 giflauire for Radrefs of Grievances. 
 
 XIX. That all Men have a natural and unaliena- 
 
 able 
 
( s ) 
 
 ableRight to worfhip Almighty God, according to 
 the Dictates of their own Confcience. 
 
 XX. That for Redrefs of Grievances, and for a- 
 mending and ftrengthening the Laws, Elections 
 ought to be often held. 
 
 XXI. That a frequent Recurrence to fundamen- 
 tal Principles is abfolutely necelTary to preferve the 
 Bleffings of Liberty. 
 
 XXII. That no hereditary Emoluments, Privile- 
 ges, or Honours, ought to be granted or conferred 
 in this State. 
 
 XXIII. That Perpetuities and Monopolies are con- 
 trary to the Genius of a free ftate and ought not to 
 he allowed. 
 
 XXIV. That retrofpeclive Laws punilhing Facts 
 commited before the exiftanee of fuch Laws, and by 
 them only declared criminal, are oppreflive, unjuft, 
 and incompatible with Liberty, wherefore no ex poft 
 Faflo Law ought to be made. 
 
 XXV. The property of the Soil in a free Govern- 
 ment being one of the eflentiai,,Rights of the collec- 
 tive Body of the people, it is neceflary, in order to 
 avoid future Difputes, that the Limits of the State 
 Should be afcertained with Precifion ; and as the 
 former temporary Line between North and South Ca- 
 rolina was confirmed and extended by commiffioners, 
 appointed by the Legiflatures of the two States, a- 
 greeable to the Order of the late King George II. in 
 Council, that Line, and that only, mould be efleem- 
 ed the Southern Boundary of this State, that is to fay, 
 Beginning on the Sea Side at a Cedar Stake, at or 
 near the Mouth of Little River (being the Southern 
 Extremity of Brunpmick County, and running from 
 thence a North Weft Courfe through the Boundary 
 Houfe, which (lands in thirty three Degrees fifty 
 fix Minutes to thirty five Degrees North Latitude, 
 and from thence a WehVCourfe, fo far as is mention- 
 ed in the Charter of King Charles II. to the late Pro- 
 prietors of Carolina : Therefore all the Territory, 
 Seas, Waters, and Harbours, with their Appurten- 
 ances, 
 
( 6 ) 
 
 ance's, lying between the Line above defcribed and 
 the Southern Line of the State of Virginia, which 
 begins on the Sea Shore, in thirty fix Degrees thir- 
 ty Minutes North Latitude, and from thence runs 
 Weft agreeable to the faid Charter of King Charles, 
 are the Right and property of the people of this 
 State, to be held by them in Sovereignty ; any par- 
 tial Line, without the Confent of the Legiflature 
 of this State, at any Time thereafter directed, or 
 laid out in anywife notwithftanding. Provided always, 
 That this Declaration of Right (hall not prejudice 
 any Nation or Nations of Indians from enjoying fuch 
 hunting-Grounds as may have been, or hereafter 
 fhall be fecured to them, by any former or future 
 Legiflature of this ftate. And provided alfo> That it 
 fhall not be conftrued fo as to prevent the Eftablifh- 
 ment of one or more Governments Weftward of this 
 State, by Confent of the Legiflature. And provided 
 further. That nothing herein contained fhall affect 
 the Titles or Pofleflions of individuals, holding or 
 claiming under the Laws heretofore in Force, or 
 Grants heretofore by the late King George III. or his 
 Predeceflbrs, or the late lords Propriators, or any 
 of them. 
 
 The 
 
( 7 ) 
 
 The Conjlitution, or Form of Government 
 agreed to and refolved upon by the Repre-, 
 
 fentatives of the Freemen of the State 
 of North Carolina, elected and chofen 
 
 for that particular Purpofe* in Con- 
 grefs affembled, at Halifax, the Eighteenth 
 Day of December, in the Tear of our 
 I^ordOne Thoufand Seven Hundred and 
 Seventy fx. 
 
 WHEREAS Allegiance and Protection are in 
 their Nature reciprocal, and the one fhould 
 of Right be refufed, when the other is withdrawn ; 
 and whereas George the Third, King of Great Britain, 
 and late Sovereign of the Britifh American Colonies,, 
 hath not only withdrawn from them his Protection, 
 but by an act of the Briti/h Legiflature declared the 
 Inhabitants of thefe States out of the Protection of 
 the Britijh Crown, and all their Property found up- 
 on the High Seas liable to be feized and confifcated 
 to the Ufes mentioned in the faid Act ; and tjie faid 
 George the third has alfo fent Fleets and Armies to 
 profecute a cruel War againft them, for the purpofe 
 of reducing the Inhabitants of the faid Colonies to a 
 State of abject Slavery; in Confequence whereof, all 
 Government under the faid King within the faid Co- 
 lonies hath ceafed, and a total Diflblution of Govern- 
 ment in many of them hath taken Place. And 
 whereas the Continental Congrefs, having confider- 
 ed the Premifes, and other previous Violations of the 
 Rights of the good People of America, have there- 
 fore declared, that the Thirteen United Colonies 
 are of Right wholly abfolved from all Allegiance to 
 the Britijh Crown, or any other foreign Jnrifdiction 
 whatfoever; and that the faid colonies now are,&for 
 
 ever 
 
( •« ) 
 
 ever (hall be, free and independent States : Where* 
 fore, in our prefent State, in order to prevent Anar* 
 chy and Confufion, it becomes neceflary that Govern- 
 went fhould be eftablifhed in this State ; therefore 
 We, the reprefentatives of the Freemen of North Ca~ 
 rolina, chofen and afTembled in Congrefs, for the ex- 
 prefs purpofe of framing a Conftitution, under the 
 Authority of the people, moft conducive to their Hap- 
 pinefs and profperity, do declare, that a Govern- 
 ment for this State fhall be eftablifhed in Manner 
 and Form following, to wit, 
 
 I. That the legiflative Authority fhall be vefted 
 in two diftinct Branches, both dependent on the 
 People, to wit, a Senate, and Houfe of Commons. 
 
 II. That the Senate fhall becompofedof Reprefen- 
 tatives annually chofen by Ballot* one for each Coun- 
 ty in the State, 
 
 III. That the Houfe of Commons fhall be compof- 
 ed of Reprefentatives annually chofen by Ballot, 
 two for each County, and one for each of the Towns 
 of Edenton, Newbern, Wilmington, Sali/bury, Hilljbo* 
 rough, and Halifax, 
 
 IV. That the Senate and houfe of Commons, af- 
 fembled for the Purpofe of Legiflation, fhall be de- 
 nominated the General AfTembly. 
 
 V. That each member of the Senate fhall have 
 ufually reftded in the County in which he is chofen 
 for one Year immediately preceeding his Election, 
 and for the fame Time fhall have pofleffed, and 
 continue to pofTefs, in the County which he repre- 
 fents, not lefs than three Hundred Acres of Land 
 in Fee. 
 
 VI. That each Member of the Houfe of Commons 
 fhall have ufually refided in the County in which he 
 is chofen for one Year immediately preceding .his 
 Election, and for fix Months fhall have poffefled, 
 and continue topoflefs, in the County which he re- 
 prefents, not lefs than One Hundred Acres of Land 
 in Fee, or for the Term of his own Life. 
 
 VII. That all Freemen of the Age of Twenty One 
 
 ; Years, 
 
( ,") 
 
 Years, who have been Inhabitants of any one Coun- 
 ty within the State twelve Months immediately pre- 
 ceding the Day of any Election, and poflefled of a 
 Freehold within the fame Cownty of Fifty Acres of 
 Land fornix Months next before, and at the Day of 
 Election, fhall be intitled to vote for a Member of 
 the Senate. 
 
 VIIL That all Freemen of the Age of Twenty 
 One Years, who have been Inhabitants of any Coun- 
 ty within the State twelve Months immediately pre- 
 ceding the Day of any Election, and mall have 
 paid Public Taxes, (hall be intitled to vote for Mem- 
 bers of the Houfe of Commons for the County in 
 which he refides. 
 
 IX. That all Perfons poflefled of a Freehold in 
 any Town in this State, having a Right of Reprefen- 
 tation and alfo all Freemen who have been Inhabi- 
 tants of any fuch Town twelve Months next before, 
 and at the day of Election, and fhall have paid Pub- 
 lic Taxes, fhall be intitled to vote for a Member to 
 reprefent fuch town in the Houfe of Commons. Pro- 
 vided a/ways, That this Section fhall not intitle any 
 Inhabitant of fuch town to vote for Members of the 
 Houfe of Commons for the County in which he may 
 refide, nor any Freeholder in fuch County who refides 
 without, or beyond the Limits of fuch Town, to 
 vote for a Member for faid Town. 
 
 X. That the Senate and Houfe of Commons, 
 when met, fhall each have power to choofe a fpeak- 
 er, and other their Officers, be Judges of the Qua- 
 lifications and Elections of their Members ; fit upon 
 their own Adjournments from Day to Day; and pre- 
 pare bills to be pafled into Laws. The two Houfes 
 fhall direct Writs of Election for fuplying interme- 
 diate Vacancies, and fhall alfo jointly, by Ballot, 
 adjourn themfelves to an^ future Day and Place. 
 
 XI. That all Bills mall* be read three Times in 
 each Houfe before they pafs into Laws, and be fign- 
 ed by the fpeaker of both Houfes. 
 
 XII. That every Ferfon who fhall be chofen aM em - 
 
 B . fcer 
 
( ft ) 
 
 ber of the Senate or Houfe of Commons, or appoint- 
 ed to any Office or Place of Truft, before taking his 
 Seat, of entering upon the Execution of his Office, 
 mall take an Oath to the State, and all Officers mall 
 alfo take an Oath of Office. 
 
 XIII. That the the General AfTembly fhall, by 
 joint Ballot of both Houfes, appoint Judgejsofthe 
 Supreme Courts of Law and Equity, Judges of Ad- 
 miralty, and Attorney General, who fhall be com* 
 miffioned by the Governor, and hold their Offices 
 during good Behaviour. 
 
 XIV. That the Senate and Houfe of Commons fhall 
 have power to appoint the Generals and Field Offi- 
 cers of the Militia, and all Officers of the regular 
 Army of this Sate. 
 
 XV. That the Senate and Houfe of Commons, 
 jointly, at their firft Meeting after each annual E- 
 lection, fhall by Ballot elecl; a Governor for one 
 Year, who fhall not be eligible to that Office longer 
 than three Years in fix fucceffive Years. That no 
 Perfon under thirty Years of Age, and who has not 
 been a Refident in this State above five Years,and hav- 
 ing in the State a Freehold in Lands and Tenements 
 above the Value of One Tboufand Pounds, fhall be 
 eligible as a Governor. 
 
 XVI. That the Senate and Houfe of Commons, 
 jointly, at their firtt Meeting after each annual Elec- 
 tion, fhall by Ballot elect feven Perfons to be a 
 Council of State for one Year, who fhall advife the 
 Governor in the Execution of his Office, and that 
 four Members fhall be a Quirum ; their Advice and 
 Proceedings fhall be entered in a journal to be kept 
 for that purpofe only, and figned by the Members 
 prefent, to any part of which any Member prefent 
 may enter his DifTent. And fuch Journal fhall be 
 laid before the General AiTembly, when called for 
 by them. 
 
 "XVII. That there fhall be a Seal of this State, 
 which fhall be kept by the Governor, and ufed by 
 him as Occafion may require; and fhall be called the 
 
 Great 
 
( u ) 
 
 Great Seal of the State of North Carolina, and be af- 
 fixed to all Grants and Commiffions. 
 
 XVIII. The Governor, for the time being, fhall 
 be Captain General, and Commander in Chief of the 
 Militia ; and in the Recefs of the General Aflembly, 
 fhall have Power, by and with the Advice of the 
 Council of State, to embody the Militia for the Pub- 
 lic Safety. 
 
 XIX. That the Governor, for the Time being, 
 fhall have Power to draw for, and apply, fuch Sums 
 of Money as fhall be voted bythe General Aflembly for 
 the Contingencies of Government, and be accounta- 
 ble to them for the fame. He alfo may, by and 
 "with the advice of the Council of State, lay Embar- 
 goes, or prohibit the Exportation of any Commodi- 
 ty, for any Term, not exceding thirty Days at any 
 one Time, in the Recefs of the General Aflembly ; 
 and fhall have the Power of granting Pardons and 
 Reprieves, except where the Profecution fhall be car- 
 ried on, by the General Aflembly,or the Law fhall o- 
 therwife direct ; in which Cafe he may, in the Re- 
 cefs grant a Reprieve until the next fitting of theGe- 
 neral Aflembly ; and may exercife all the other exe- 
 cutive Powers of Government, limited and retrain- 
 ed, as by thisConftitution is mentioned, and accord- 
 ing to the Laws of the State. And on his death, in> 
 ability or Abfence from the State, the Speaker of the 
 Senate for the Time being, and in Cafe of his Death, 
 Inability, or Abfence from the State, the Speaker of 
 the Houfe of Commons, fhall exercife the Powers of 
 Government, after fuch Death, or during; fuch Ab- 
 fence or Inability, of the Governor, or Speaker of the 
 Senate, or until a new Nomination is made by the 
 General Aflembly. 
 
 XX- That in every Cafe where any officer, the 
 Right of whofe Appointment is by this Conftitution 
 vefted in the General Aflembly, fhall during their 
 Recefs die, or his Office by other Means become va- 
 cant, the Governor fhall have Power, with the ad- 
 vice of the Council of State, to fill up fuch Vacapcy 
 
 by 
 
( »* ) 
 
 by granting a temporary Commiffion, which fhall 
 expire at the End of next fefliou of the General Af- 
 Tembly. 
 
 XXL That the Governor, Judges of the Supreme 
 Court of Law and Equity, Judges of Admiralty, and 
 Attorney General, (hall have adequate Salaries, dur- 
 ing their Continuance in Office. 
 
 XXII. That the General AfTembly fhall, by joint 
 Ballot of both Houfes, annually appoint a Treafurer 
 or Treafurers for this State. 
 
 XXJII. That the Governor, and other Officer, of- 
 fending againft the State, by violating any Part of 
 this Conftitution, Mal-Adminiftration, or Corrup- 
 tion, may be profecuted on the Impeachment of the 
 General AfTmbly, or Ptefentment of the Grand Ju- 
 ry of any Court of Supreme Jurifdidiion in this State. 
 
 XXIV. That the General AfTembly fhall, by 
 joint Ballot of both Houfes, triennially appoint a 
 Secretary for this State. 
 
 XXV. That no Perfons, who heretofore have been, 
 or hereafter may he Receivers of Public Monies, 
 fhall have a Seat in either Houfe of General AfTem- 
 bly, or be eligible to any Office in this State, until 
 fuch Perfon fhall have fully accounted for, and paid 
 into the Treafury, all Sums for which they may be 
 accountable and liable. 
 
 XXVI. That no Treafurer fhall have a Seat in ei- 
 ther Senate, Houfe of Commons, or Council of State, 
 during his Continuance in that Office, or before he 
 fhall have finally fettled his Accounts with the Public 
 for all Monies which may be in his Hands, at the Ex- 
 piration of his Office belonging to the State,and hath 
 paid the fame into the Hands of the fucceeding Trea- 
 furer. 
 
 XXVII. That no Officer in the regular Army or 
 Navy, in the Service and Pay of the United States 
 of this or any other State, nor any Contractor or A- 
 gent for fuplying fuch Army or Navy with clothing 
 or provisions, fhall have a Seat in either the Senate, 
 Houfe of Commons or Council of State, or be eligi- 
 
 , tie 
 
( '3 ) 
 ble thereto ; and any Member of the Senate, Houfe 
 o.f Commons, or Council of State, being appointed 
 to, and accepting of fuch Office, (hall thereby va- 
 cate his Seat. 
 
 XXVIII. That no Member of the Council of State 
 mall have a Seat either in the Senate or Houfe of 
 Commons. 
 
 XXIX. That no Judge of the Supreme Court of 
 Law or Equity, or Judge of Admiralty, fhall have a 
 Seat in the Senate, Houfe of Commons, or Council 
 of State. 
 
 XXX. That no Secretary of this State, Attorney 
 General, or Clerk of any Court of Record, fhall 
 Jiave a Seat in the Senate, Houfe of Commons, or 
 Council of State. 
 
 XXXI. That no Clergyman or Preacher of the 
 Gofpel,of anyDenomination,(hall be capable of being 
 a Member of either the Senate, Houfe of Commons, 
 or Council of State, while he continues in the Exer- 
 cife of the Paftoral Function. 
 
 XXXII. That no Perfon who fhall deny the Being 
 of God, or the Truth of the Proteftant Religion, or 
 the divine Authority either of the Old or NewTefta- 
 ment, or who fliall hold religious Principles incompa- 
 tible with the Freedom and Safety of the State, fhall 
 be capable of holding any Office, or Place of Truft 
 or profit in the civil Department within this State. 
 
 XXXIII. That the Juftices of the Peace within 
 their refpective Counties in this State,fhall in future 
 be recommended to the Governor, for rhe time be- 
 ing* ty the Reprefentatives in General Aflembly, 
 and the Governor fhall commiffion them according- 
 ly ; and the Juftices, when fo commiffioned, fhall 
 hold their Offices during good Behaviour, and fhall 
 not be removed from Office by the General AfTembly, 
 unlefs for Mifbehaviour, £bfence, or Inability. 
 
 XXXIV.That there fhall be no Eftablifhment of any 
 one religious Church or Denomination in this State 
 in Preference to any other, neither fhall any Perfon, 
 on any Pretence whatfoever, be compelled to attend 
 
 > " an y 
 
( M ) 
 
 any Place of Worfhip contrary to his own Faith or 
 Judgment, nor be obliged to*pay for the Purchafe of 
 any Glebe, or the building of any Houfe of Wor- 
 fhip, or for theMaintenance of any Minifter or Mi- 
 nifiry, contrary to what he believes right, or has 
 voluntarily and perfonally engaged to perform ; but 
 all Perfons fhall be at liberty to exercife their own 
 Mode of Worfhip. Provided, That nothing herein con- 
 tained (hall be eoniiructed to exempt Preachers of 
 treafonable or feditious Difcourfes from legal Trial 
 and Punilhment. 
 
 XXXV. That no perfon in the State fhall hold 
 more than one lucrative Office at any one Time. Pro- 
 vided, That no Appointment in the Militia, orjhe Of- 
 fice of a Juftice of the Peace, mall be confidered as a 
 lucrative Office. 
 
 XXXVI. That all Commiffions and Grants fhall 
 run in the Name of the State of North Carolina, and 
 bear Teft, and be figned by the Governor. All 
 writs fhall run in tl#e fame Manner, and bear Teft, 
 and be ligned by the Clerks of the refpedtive Courts. 
 Indictments fhall conclude, Againfl the Peace and 
 Dignity of the State. 
 
 XXX VII. That the Delegates for this State to the 
 Continental Congrefs, while neceffary, fhall be chofen 
 annually by the General AiTembly, by Ballot, but 
 may be fuperfeded in the mean time in the fame 
 Manner, and no Perfon fhall be elected to ferve in 
 that Capacity for more than three Years fucceffively. 
 
 XXXVIII. That there fhall be a Sheriff, Coroner 
 or Coroners, and conftables, in each County within 
 this State. 
 
 XXXIX. That the Perfon of a Debtor, where 
 there is not a ftrong Prefumption of Fraud, fhall not 
 be continued in Prifon, after delivering up, bona 
 fide, all his Eftate, real and perfonal,. for the ufe of 
 his Creditors, in fuch mariner as fhall be hereafter 
 regulated by Law. All Prifoners fhall be bailable by 
 fufhcient fureties, unlefs for capital Offences, when 
 the proof is evident, or the Prefumption great. 
 
 XL. 
 
» » 
 
 ( n ) 
 
 XL. That every Foreigner who comes to fettle in 
 this State, having firfl taken an Oath of Allegiance to 
 the fame, may purchafe, or by other juft Means ac- 
 quire, hold and transfer. Land, or other real Eftate ; 
 and after one Year's Refidtnce, mail be deemed a 
 free Citizen. 
 
 XLI.That a School or Schools fhall be eftablifhed 
 by the Legislature, for the convenient Inftri ction of 
 Youth, with fuch Salaries to the Mafters, paid by 
 the public, as may enable them to inftruct at low 
 Prices j and all ufeful Learning mall be duely encou- 
 raged and promoted in one or more Univeifities. 
 
 XLII. That no purchafe of Lands mail be made 
 of the Indian Natives, but on Behalf of the public, 
 by Authority of the General Aflembly. 
 
 XLIII. That the future Legislature of this State 
 mall regulate Intails, in fuch a Manner as to prevent 
 Perpetuities. 
 
 XLIV. That the Declaration of the Rights is 
 hereby declared to be Part of the Conflitution of 
 this State, and ought never to be violated, on any 
 Pretence whatfoever. 
 
 XLV. That any Member of either Houfe of Ge- 
 neral Aflembly fhall have Liberty to diflent from, 
 and proteft againft,any actor Refolve which he may 
 think injurious to the Public, or any individual, and 
 have the Reafons of his Diflent entered on the Jour- 
 nals. 
 
 XLVI. That neither Houfe of the General Aflem- 
 bly fhall proceed upon Public Bufinefs, unlefs a Ma- 
 **joi ity of all the Members of fuch Houfe are actually 
 ^prefent ; and that upon a Motion made and fecond- 
 ed, the Yeas and Nays upon any Queflion fhall be 
 taken and entered on the Journals ; and that the 
 Journals of the Proceedings of both Houfes of the 
 General Aflembly fhall be printed, and made public, 
 immediately after their Adjournment. 
 
 This Conflitution is nakintended to preclude the 
 prefent Congrefs from making a temporary Provifi- 
 on for the well ordering of this 'State/ until the Ge- 
 
 I-_ * neral 
 
( 16 ) 
 
 neral Aflembly fhall eftabli/h. Government agreeable 
 to the Mode herein before defcribed. 
 
 RICHARD CASWELL, President. 
 
 December t\\t Eighteenth, OneThoufand Seven Hun- 
 dred and Seventy Six, read the third Time, and 
 ratified in open Congrefs. 
 
 By Order, 
 
 James Grk$'N, jun,