Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-03-27
ARTICLE 1.
DECLARATION or EIGHTs.

49, 80 rs ITfo,, and government Of the Unite
States and those OF the people OF ms Statc 10 III
rest of the American people, may % UeIiei ain
affirmed We do declare: $50.
Section l. That we hold il TO be self-evident tina
all men are created equal; That they are end0W
ed by their Creator with certain unalInaoN
rights; that among these are Life, liberty, the Ell
jOyment of the fruits Of their own labor, anu liz
pursuit Of happiness.
Sec. 2. That all political power Is vested m ant
derived from the people; ali government OF rig
originates from the people, Is founded upon t1eH
will only, and ID instituted solely Tor the Good
the whole. -,
inherent cole and exclusive right OF regulating
the internal government and police thereon, ahC
of altering and abolishiug their Constitution ant
form of government, whenever 1t may De necessa
nv to their safety and happiness; but every suc1
right should be exercised IN pursuance OF law any
consistently with the Constitution OF the OhIeo
States.
Sec a. That this State shall ever remain mem
Der of the American Union; that the people there
of are part of the American nation; that there ls
no right on the part OF tins State 10 seceoe' aHu
that all attempts from whatever source or upon
whatever pretext, 20 dissolve said Union, or TO
sever said nation, ought to be resisted with the
whole power OF the State.
Sec 5. That every citizen or tins tate owes
paramount allegiance to the Constitution anu
Government of the United States, anu that no
law or ordinance of the State i'll COntraVenuOn OF
subYersion 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 rebelhOn, shau
be regarded as inVislable and never be question:
ed; but the State shall never assume or pay, or
authorize the collection Of any debt or obligation
express or implied, incurred i'll aid Of instruction
or rebellion against the U nlted States, or any
claim for the loss or emancipation OF any slave.
Sec. z. Norman set Of men are entitled to ex-
elusive or separate emoluments or privileges
from the community but III consideration OF pup
lie services.
Sec. s. The Legislative, Executive and Supreme
judicial powers OF the government ought to be
forever separate and distinct from each other.
Sec. 8. ALI power OF suspendln5 laws, or the
execution of lave, by any authority, without the
consent of the representatives OF the people, Is
Injurious to their rights and ought not to be eX-
ercised.
Sec. 10. All elections ought to be free,
Sec. IL. In all criminal prosecutions, every man
has the right to be informed Of the accusation
against him and to confront the accusers and wit.
nesses with othor testimony, and to have counsel
for his defence, and not be compelled to give evil
dencs against himself or to pay costs, jail fees.
or necessary witness fees uf the defence unless
found guilty.
Sec II. No person shall be put TO answer any
criminal charge, except as hereinafter allowed
but by indictment, presentment. OF impeach-
ment.
Sec. 49, 40 person shall be convicted of aay
crime but by the unanimous verdict of jury ol
good and lawful men i'll open court. The Legls
lature may, however. provide other means Of
trial for petty misdemeauOr5 With the right C
appeal.
Sec Il. Excessive bail should not be required,
nor excessive fines imposed, nor cruel or uUusua
punishments inflicted.
Sec. Is. General warrants, whereby any officer
or messenger may be commanded to search hus'
pected places, without evidence OF the act com
mitted, or to seize ANY person or persons not
named, whose offence is not particularly described
and supported by evidence, are dangerous to lib
erty and ought not to be granted.
Sec. 16. There shAl be 80 imprisonment Tor dSDt
In this State except III cases Of fraud
Sec. II. No person ought to be taken, Imprison-
ed Or disseized Of his freehold liberties or prIvl-
Ieges, or ontlaWrd, CXsi'a on in any manner de-
prIved of ms lie, liberty, az property bat by the
law of the land.
Sec. is livery person restrained G. his liberty,
is entitled to remedy :" inquire INTO the lawful
ness thereof, and 10 remove the same, i uniaW-
fnl aud SUCH remedy ought mon to DO 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 the people,
and O1-ght to remain sacred and inviOiabie.
Sec. 90 The freedom OF he press ~ one OF the
great bulwarhs OF liberty, and therefore ought
never to be restrained but every Individual shall
be held responsible for the abuse OF the same
Sec Il. The privilege 81 tic writ Of dabeaS cor
pIjS shall not be suspended.
Sec %. As political lights and privileges arC
not dependent upon modified b. property.
therefore TO property qualification ought to effect
the right to vote or hold Office.
Sec. %. The people Of this Stata ought not tC
be taxed made subject to the payment of any
inlpost duty, without the c0nsentsof themselves
or their representatives IN General Assembly free
ly gwen.
Sec. q. A well regulated militia being neces-
sary to the security Of 4 free State the right o
the people to keep and bear arms shall not be in
frlnged; and IS standing armies, in time Of peace
dangerous to libCrty, they ought not to b.
kept up, and the military should be kept under
strict subordination 10, ana governed by, the civ
power,
Sec. 25. The people have right to assemble to-
gether to consult for their common good, to in
struct their representatives, and to apply to tn
Legislature for redress Of grievances.
Sec, rs. All men have natural and unailenab
right to worship Almighty God according to tn
dictates OF their own consciences, and no human
authority should, in any whatever, control O
interfere with the rights of conscience.
Sec. q. The people have right to the priv.
leges of education, and it is the duty of the State
to guard and maintain that right.
Sec. %. For redress of grievances and 70
amending and strengthening the laws, election
should be often held,
Sec. 90. A frequent recurrence to fundamental
principles is absolutely necessary to preserve the
blessings of liberty.
Sec. 80. No hereditary Cmoluments, privileges
or honors ought to be granted or conferredn thi
State.
Sec. 81. Perpetuities and monopoies are con
trary to the genius of a free State, and ought no
to be allowed.
Sec 80. Retrospective laws furnishing acts com
mitted before the existence OF such laws, and b.
them only declared criminal, are oppressive, un
Just and incompatible with liberty, wherefore, NJ
eEposttacto law ought to be made. No law taxing
retrospectvely, sales. purchases, or other act
previously done, ought tc be passed.
Sec. ~. Slavery andinvolup tary servitude other
wise than for crime whereof the parties shall hav
been duly convicted shall be, and are hereby for
ever prohibited within this State
Sec. 81. The limits and boundaries of the Stat
shall be and remain as they nov are
Sec. 80. 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 right and justice administered
without sale, denial or delay.
Sec. So. No soldier shsll III time OF peace b
CHARTERED in any house without the consent of tn
owner nor in time OF war, but in manner PR
Scribed by law.
Section 81. This enumeration Of rights shall No
be construed to impair or deny Others retained
the people and all powers not herein delegated II
main with the people.
ARTICLE II.
LEGISLATIVE DEFARrMEET.