XXIII. That the governor and other officers offending against the State, by violating any part of this constitution, mal-administration, og corruption, may be profecuted on the impeachment of the General Affembly, or prefentment of the grand jury of any court of fupreme jurifdiction in this State.

XXIV. That the General Affembly fhall, by joint ballot of both Houses, triennially appoint a fecretary for this State.

XXV. That no perfons who heretofore have been, or hereafter may be receivers of public monies, fhall have a feat in either House [of General Affembly, or be eligible to any office in this State, until fuch perfon fhall have fully accounted for, and paid into the treasury all fums for which they may be accountable and liable.

XXVI. That no treasurer fhall have a feat either in the Senate, House of Commons, or Council of State, during his continuance in that office, or before he shall have finally fettled his accounts with the public for all the monies which may be in his hands, at the expiration of his office belonging to the State, and hath paid the same into the hands of the fucceeding treasurer.

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 agent for fupplying such army or navy with cloathing of provifions, fhall have a feat either in the Senate, House of Commons, or Council of State, or be eligible thereto; and any member of the Senate, House of Commons, or Council of State, being appointed to, and accepting of fuch office, fhall thereby vacate his feat.

XXVIII. That no member of the Council of State fhall have a feat either in the Senate or House of Commons.

XXIX. That no judge of the fupreme court of law or equity, or judge of admiralty, fhall have a feat in the Senate, Houfe of Commons, or Council of State.

XXX. That no fecretary of this State, attorney-general, or clerk of any court of record, fhall have a feat in the Senate, House of Commons, or Council of State.

XXXI. That no clergyman or preacher of the gospel, of any denomination, shall be capable of being a member of either the Senate, House of Commons, or Council of State, while he continues in the exercise of the pastoral function.

XXXII. That

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 New Teftament, or who fhall hold religious principles incompatible with the freedom and fafety 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 respective Counties in this State, fhall in future be recommended to the gover nor for the time being, by the reprefentatives in General Affembly, and the governor fhall commiffion them accordingly; and the juftices, when fo commiffioned, shall hold their offices during good behaviour, and fhall not be removed from office by the General Assembly, unless for misbehaviour, abfence, or inability.

XXXIV. That there fhall be no establishment of any one religious church or denomination in this State in preference to any other; neither fhall any person, on any pretence whatsoever, be compelled to attend any place of worthip contrary to his own faith or judg ment; nor be obliged to pay for the purchafe of any glebe, or the building of any houfe of worship, or for the maintenance of any miwifter or ministry, contrary to what he believes right, or has voluntatarily and perfonally engaged to perform; but all persons shall be at liberty to exercise their own mode of worship. Provided, that nothing herein contained shall be conftrued to exempt preachers of treasonable or feditious difcourfes from legal trial and punishment.

XXXV. That no perfon in this State shall hold more than one lu crative office at any one time. Provided, that no appointment in the militia, or the office of a juftice of the peace, fhall be confidered as a Jucrative office.

vernor.

XXXVI. That all commiffions and grants fhall run in the name of The State of North-Carolia, and bear teft, and be figned by the goAll writs fhall run in the fame manner, and bear test, and be figned by the clerks of the respective courts. Indictments.fhall conclude, Againft the peace and dignity of the State.

XXXVII. That the delegates for this State to the Continental Congress, while neceffary, fhall be chofen annually by the General Affembly by ballot, but may be superseded in the mean time in the fame manner; and no perfon fhall be elected to serve in that capacity for more than three years fucceffively.

XXXVIII. That there shall be a sheriff, coroner, or coroners, conftables, in each county within this State.

and

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XXXIX. That

XXXIX. That the perfon of a debtor, where there is not a strong prefumption of fraud, fhall not be continued in prison, after delivering up, bond fide, all his eftate, real and perfonal, for the ufe of his creditors, in fuch manner as fhall be hereafter regu lated by law. All prifoners fhall be bailable by fufficient fureties, unlefs for capital offences, when the proof is evident, or the prefumption great.

XL. That every foreigner who comes to fettle in this State, having first taken an oath of allegiance to the fame, may purchase, or by other juft means acquire, hold and tansfer land, or other real estate; and after one year's refidence shall be deemed a free citizen.

XLI. That a school or schools fhall be established by the legislature for the convenient inftruction of youth, with fuch falaries to the mafters, paid by the public, as may enable them to instruct at low prices; and all useful learning shall be duly encouraged and promo ted in one or more univerfities.

XLII. That no purchase of lands fhall be made of the Indian na tives, but on behalf of the public, by authority of the General Af fembly.

XLIII. That the future legiflature of this State fhall regulate entails in fuch manner as to prevent perpetuities.

XLIV. That the declaration of rights is hereby declared to be part of the Conftitution of this State, and ought never to be violated on any pretence whatsoever.

XLV. That any member of either House of General Affem. bly fhall have liberty to diffent from, and proteft against any act or refolve which he may think injurious to the public, or any individual, and have the reafons of his diffent entered on the journals.

XLVI. That neither House of the General Affembly fhall proceed upon public bufinefs, unless a majority of all the members of fuch House are actually prefent; and that upon a motion made and feconded, the yeas and nays upon any queftion fhall be taken and entered on the journals; and that the journals of the proceedings of both Houses of the General Affembly fhall be printed and made public immediately after their adjournment.

This Conftitution is not intended to preclude the prefent Con. grefs from making a temporary provifion for the well-ordering of this State, until the General Affembly fhall establish a government agreeable to the mode herein before described.

This declaration of rights and frame of government was agreed to and refolved upon by the reprefentatives of the freemen of the State of North-Carolina, elected and chofen for that particular purpose, in Congress affembled, at Halifax, December 18, 1776.

TERRI

TERRITORY SOUTH OF THE OHIO,

OR THE

TENNESSEE GOVERNMENT.

SITUATION, EXTENT, AND BOUNDARIES.

THIS part of the territory of the United States is fituated between

6° 20′ and 16° 30' weft longitude from Philadelphia, and 35° and 36° 30′ north latitude; it extends three hundred and fixty miles in length and one hundred and five miles in breadth, and contains the whole of the tract of country ceded to the United States by the State of North-Carolina in the year 1789. It is bounded on the north by the State of Kentucky and part of Virginia, on the east by a range of mountains, which feparates it from North-Carolina,* on the fouth by South-Carolina and Georgia, and on the weft by the Miffiffippi.

CLIMATE.

The climate in the general is moderate and healthy. In the tract lying between the Great Ifland, as it is called, and the Kanhawa, the fummers are remarkably cool, and the air rather moift. Southweft of this, as far as the Indian towns, the climate is much warmer, and the foil better adapted to the productions of the Southern States.

The diseases to which adults are most liable, are pleurifies, rheumatifms, and sometimes, though rarely, agues and fevers: fo healthy have been the inhabitants, that from the first settlement of the country to 1788, not a single physician had fettled among them. It is to the inhabitants a real advantage, that they are almost beyond the reach of those luxuries which are enjoyed, and those epidemical difcafes which are confequently frequent, in populous towns on the fea

* This range of mountains are known by the various names of the Allegany, Stone, Yellow, Iron, and Bald mountains.

VOL. III.

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coaft.

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