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freehold in lands and tenements, above the value of one thou. sand pounds, shall be eligible as Governor.
Sec. 16. That the Senate and House of Commons jointly, at their first meeting after each [annual] election, shall by ballot elect seven persons to be a Council of State for [one year,] who shall advise the Governor in the execution of his office; and that four members shall be a quorum; their advice and proceedings shall be entered in a Journal to be kept for that purpose only, and signed by the members present; to any part of which any member present may enter his dissent; and such Journal shall be laid before the General Assembly when called for by them.
Sec. 17. That there shall be a seal of this State, which shall be kept by the Governor, and used by him as occasion may require, and shall be called the Great Seal of the State of North Carolina, and be affixed to all Grants and Commissions.
Sec. 18. That the Governor for the time being shall be Captain General and Commander-in-Chief of the Militia; and in the recess of the General Assembly, shall have power, by and · with the advice of the Council of State, to embody the Militia for the public safety.
Sec. 19. That the Governor for the time being, shall have power to draw for and apply such sums of money as shall be voted by the General Assembly, for the contingencies of Gove ernment, and be accountable to them for the same; he also may, by and with the advice of the Council of State, lay embargoes, or prohibit the exportation of any commodity, for any term not exceeding thirty days at that time, in the recess of the General Assembly, and shall have the power of granting pardons and reprieves, except where the prosecution shall be carried on by the General Assembly, or the law shall otherwise direct; in which case he may, in the recess, grant a reprieve until the next sitting of the General Assembly; and may exercise all the other executive powers of Government, limited and restrained as by this Constitution is mentioned, and according to the laws of the State ; and on his death, inability or absence from the State, the Speaker of the Senate for the time being, and in case of his death, inability, or absence from the State, the Speaker of the House of Commons shall exercise the powers of the Governor, after such death, or during such absence or inability of the Governor or Speaker of the Senate, Cor until a new nomination is made by the General Assembly.]
SEC. 20. That in every case where any officer, the right of whose appointment is, by this Constitution, Yested in the General Assembịy, shall, during their recess, die, or his office by other means become vacant, the Governor shall have power, with the advice of the Council of State, to fill up such vacancy, by granting a temporary commission, which shall expire at the end of the next session of the General Assembly.
Sec. 21. That the Governor, Judges of the Supreme Courts of Law and Equity, Judges of Admiralty, and Attorney General, shall bave adequate salaries during their continuance in office.
Sec. 22. That the General Assembly shall, by joint ballot, of both Houses, (annually) appoint a Treasurer or Treasurers for this State.
Sec. 23. That the Governor and other officers offending against the State, by violating any part of this Constitution, mal-administration, or corruption, may be prosecuted on the impeachment of the General Assembly, or presentment of the Grand Jury of any Court of Supreme Jurisdiction in this State.
Sec. 24. That the General Assembly shall, by joint ballot of both Houses (triennially), appoint a Secretary for this State.
Sec. 25. That no persons, who heretofore have been, or hereafter may be, receivers of the public moneys, shall have a seat in either House of the General Assembly, or be eligible to any office in this State, until such persons shall have fully accounted for and paid into the Treasury, all sums for which they may be accountable and liable.
Sec. 26. That no Treasurer shall have a seat in either the Senate, House of Commons, or Council of State, during his continuance in that office, or before he shall have finally settled his accounts with the public, for all 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 succeeding Treasurer.
SEC. 27. That no officer in the Regular Army or Navy, in the service and pay of the United States, of this any
other State, or any contractor or agent for supplying such Army or Navy with clothing or provisions, sball have a seat in either 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 such office, shall thereby vacate his seat.
Sec. 28. That no member of the Council of State shall have a seat either in the Senate or House of Commons.
Sec. 29. That no Judge of the Supreme Court of Law or Equity, or Judge of Admiralty, shall have a seat in the Senate, House of Commons, or Council of State.
Sec. 30. That no Secretary of this State, Attorney General, or Clerk of any Court of Record, shall have a seat in the Senate, House of Commons or Council of State.
Sec. 31. 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 le continues in the exercise of the pastoral function.
Sec. 32. That no person who shall deny the being of God, or the truth of the [Protestant] Religion, or the divine authority, either of the Old or New Testament, or who shall hold religious principles incompatible with the freedom and safety of the State, shall be capable of holding any office or place of trust or profit in the Civil department within this State.
SEC. 33. That the Justices of the Peace within the respective counties in this State, shall in future be recommended to the Governor for the time being, by the Representatives in the General Assembly, and the Governor shall commission them accordingly. And the Justices, when so commissioned, shall hold their offices during good behavior, and shall not be removed from office by the General Assenibly unless for misbehavior, absence, or inability.
SEC. 34. That there shall be no establishment of any one Religious Church or denomination in this State, in preference
other; neither shall any person, on any pretence whatsoever, be compelled to attend any place of worship, contrary to his own faith or judgment; nor be obliged to pay for the purchase of any glebe, or the building of any house of worship, or for the maintenance of any minister or ministry contrary to what he believes right, or has voluntarily and personally engaged to perform; but all persons shall be at liberty to exercise their own mode of worship: Provided, That nothing herein contained shall be construed to exempt preachers of treasonable or seditious discourses from legal trial and punishment.
Sec. 35. That no person in the State shall hold more than one lucrative office at any one time. Provided, That no appointment in the Militia, or the office of a Justice of the Peace, shall be considered as lucrative office.
Sec. 36. That all Commissions and Grants sliall run in the name of the State of North Carolina, and bear test and be signed by the Governor. All writs shall run in the same manner, and bear test and be signed by the Clerk of the respective Courts. Indictments shall conclude, “ against the peace and dignity of the State."
Sec. 37. That the Delegates for the State to the Continental Congress, while necessary, shall be chosen annually by the General Assembly, by ballot, but may be superseded in the mean time, in the same manner; and no person shall be elected to serve in that capacity for more than three years successively.
SEC. 38. That there shall be a Sheriff, Coroner or Coroners, and Constables, in each county within the State.
Sec. 39. That the person of a debtor, where there is not a strong presumption of fraud, shall not be continued in prison after delivering up, bona fide, all his estate real and personal, for the use of his creditors, in such manner as shall be hereafter regulated by law. All prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident, or presumption great.
Seo. 40. That every foreigner who comes to settle in this State, having first taken an oath of allegiance to the same, may purchase, or by other just means acquire, hold and transfer, Jand, or other real estate ; and, after one year's residence, shall be deemed a free citizen.
Sec. 41. That a school or schools shall be established by the Legislature, for the convenient instruction of youth, with such salaries to the masters, paid by the public, as may enable them to instruct at low prices : and all useful learning shall be duly encouraged and promoted in one or more Universities.
Sec. 42. That no purchase of land shall be made of the Indian natives but on behalf of the public, by authority of the General Assembly.
Sec. 43. That the future Legislature of this State shall reg. ulate entails in such a manner as to prevent perpetuities.
Sec. 44. That the Declaration of Rights is hereby declared to be part of the Constitution of this state, and ought never to be violated on any pretence whatever.
Sec. 45. That any member of either House of the General Assembly shall have liberty to dissent from, and protest against,
any act or resolve which he may thivk injurious to the public or any individual, and have the reasons of his dissent entered on the Journals.
Sec. 46. That neither House of the General Assembly shall proceed upon public business, unless a majority of all the members of such House are actually present, and that upon a motion made and seconded, the Yeas and Nays upon any question shall be taken), and entered on the Journals; and that the Journals of the proceedings of both Houses of the General Assembly shall be printed and made public, immediately after their adjournment.
Sec. 47. This Constitution is not intended to preclude the present Congress frou making a temporary provision for the well ordering of this State, until the General Assembly shall establish Government agreeable to the mode herein before prescribed...
December the 18th 1776, read the third time and ratified in open Congress.
R. CASWELL, President. JAMES GREEN, JR., Secretary.