The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1868-02-05
Bill of Rights.

REPORT OF THE STANDING COMMITTEE ON
PREAMBLE AND BILL OF RIGHTS.
PREAMBLE.
We the people of the State OF North Carolina,
grateful 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 posteity. do, for
the more certain security thereof, and for the
better government OF this State, ordain and es-
tablish this Constitution
ARTICLE /.
DECLARATION OF RIGHTS.
That the general, great, and essential principles
of liberty and free government may be recogniz
cd and established. and that the relations of this
State to the Union and government of the United
States and those of the people of the State to the
rest of the American people, may be defined and
affirmed we do DECLARE
SECTION l. That We hold it to be self-evi-
dent, that all men are endowed by their Creator
with certain inalienable rights, among which are
life liberty the enjoyment of the fruits of their
own labor, and the pursuit OF happiness.
SEC 3 That all political power is vested in
and derived from the people; that all govern
ment of right originates IRON the people, is
founded upon their Will only, and is instituted
solely for the good of the whole.
SEC. g. 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 1t may be neces-
sary 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. f. 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 Sc
eede, 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 g. To maintain the honor aud good faith
of the State untarnishcd, the public debt regu-
1 larly contracted before and since the rebellion
| shall be regarded as inviOlable and never qucs-
| toned, but the State shall never assume or pay
| any debt or obligation, express or implied, in
cured in aid of Instruction or rebellion against
| the United States, or any claim for the loss or
| emancipation of any slave.
| SEC. T. No man or set of men are entitled to
| exclusive or separate emolumCnts or privileges
| from the community but i'll consideration of pub
| lie services.
SEC s. The legislative executive, and supreme
| judicial powers of government ought TO be for
| ever separate and distinct from each other
| SEC. g. All power of suspcndng 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 eX
| cised
SEC TO- All elections ought to be free.
| SEC. H. In all criminal prosecutions, every
| man has right to be informed of the accusation
| against him, and to confront lie accusers and
| witnesses with other testimony, and to have
counsel for his defence, and shall not be compel
| led to give evidence against himself.
| SEC. IL. No person shall be put TO answer any
| criminal charge, except as hereinafter allowed,
| but by indictment, presentment, or impeachment.
SEC. ID No person shall be convicted of any
| crime, but by the unanimous verdict of a jury OF
| good and lawful men, i'll open court The Leg
| islature may, however, provide other modes of
! trial for petty misdemeanors, with the right of
appeal.
SEC. IA. Excessive bail should not be required,
nor excessive fines imposed, nor cruel nor unu-
| sual punislmentS inflicted
| SEC. 10. General warrants, whereby any officer
| or messenger may be commanded to search sus-
pccted places without evidence of the fact COM
| mittcd, or to seize any person or persons not
named, whose offence is not particularly describ-
ed and supported by evidence. are dangerous to
| liberty, aud ought not to be granted.
SEC. Ii. No person ought to be taken, impris
oDCd, or diSSeiZed of his freehold, liberties, or
privileges, or outlawed, or exed, or in any man.
ner destroyed, or deprived of his life, liberty, or
property, but by the law OF the land.
SEC. IL. Every person, restrained of his liber-
ty, is entitled to remedy to inquire into the law
| fulness thereof and to remove the same, if unaw-
full, and such remedy ought not to be denied or
delayed.
SEC. 49, 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. 10. The freedom of the press is one of
the great bulwarks of liberty and therefore
ought never TO be restrained.
SEC. 20. The privilege of the writ of hdbedS
corpus shall not be suspe' ded in this State.
SEC. p. The people of this State ought not to
be taxed q made subject to the payment of any
impost or duty, without the consent of them
selves, or their representatives in General Assem-.
bly,, freely given.
SEC q. The people have right to bear arms
for the defence of the State; and, as standing
armies in time of peace 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. %. The people have 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. "A. A II men have natural and inaliena
Bile right to worship Almighty God according to
the dictates OF their own cOnscences; that nc
human authority can, in any case, whatever, CON
troll or interfere with the rights of conscience.
| SEC 25. For redress of grievances and for
amending and Strengthening the laws, elections
ought to be often held.
SEC. 70 A frequent recurrence to fundamental
principles is absolutely necessary to preserve thu
blessings OF liberty.
SEC. "a. No hereditary emoluments, privileges
orhonors, ought to be granted conferred in tli.
State.
SEC. %. Perpetuties and monopolies are con
trary TO the genius OF free State, and ought moi
to be allowed.
SEC 80 Retrospective laws, Furnishing facts
committed before the existence OF such laws ant
by them only declared criminal, are oppressive
unjust, and Incompatible with liberty, wherefore
no e1 post tactO law ought to be made
SEC 30. Slavery and involuntary servtudt
otherwise than for crimes, whereof the parties
shall have been duly convicted, shall be, and il
hereby forever prohibited within this State
SEC 81. The limits and boundaries of the Stat,
Shall be and remain as they now are
SEC 81 All courts shall be open, and ever,
person, for an injury done him in his lands, goods
person or reputation, shall have remedy by du,
course OF law, and righta d justice administered
without sale, denial or delay
SEC. 80. No soldier shall in time of peace, b,
quarered In any house without the consent U
the owner; nor in time of war, but in manner
to be prescribed by law.
SEC. 81 This enumeration of rights shall no,
be construed to impair or deny Others retained
by the people, and all powers not herein delega
ted, remain with the people
DAVID HEATON, Chairman
j. II. HARRIS,
VIM. NICHOLSON,
JOHN K. FRENCH,
JOHN NJ. PATRICK,
GEO. W. GAHAGAN,
q. C. POOL,
A. W. FISHER,
J. H. BAKER,
| n