North Carolina Newspapers

    (VJL. I.)
(NUMB. 2j.)
N a
E S D^A Y, August 2o,i^ 1788.
Tn convention
of the State of North-Carouna^
Hillfhoroug hy Auguji i, i *f6ZT
‘lie erJatf thedsy for rak'v u^;he report of tkt comnittee of th*
^l:ie c^n-'int.n, 0^ thr f). t)»J:d cafttution for the gova rtment
cfthi Liilr.ti vi.'fti of celled for ^avd read : ff^here-
i, •■j tif ti ’was tak^H up t,nd read it: tbc follo'wing
t> '..S
Fx.;^ ■ f drciirat'on of rio-hts, affcrtlng and feeuring f om
[-:rs. •l’ c great prirebu! f iiuil and religious liberty, and
tj: ur.i.ra’.'! I fts of the pc-tie, together •Ofitb amendments to
lb:! '? ui;:, :g. :us j'd except 10.u:ble parts of the faid conjlitutien
c’ c:i~ht tc he laid Lefore e’-ugrys^ end the convention of
' J :l i J' tli or f>tjy he e.i ' - J for the purpofe of amending
teep-. i.: .r. j ,r tidr c:71;i.,r-ration, previous to theratifica-
I J.' .is .n/iiutiCH af/ejaid, the part cf the fate of North-
L,.r: . .a.
! I'
tbzrr. if: t:::t2in natural rights of which men,
■.'f.i M 4 loi'lal coinpaft, cannot deprive or
; .u c V. ■ Ich are tlie enjoyment of life
• > I a.. :-iii ing, px^ir.ffing, and pro-
lyj.n;! pu. ^ ar>i obtaining happinefs and
f'iVtlt •.
anv. t. .
rc-'itui^ J.
Ciic y.
Id. I'hat ail p •? n .tu'i.iy ve't J in, and conrequrntly
('.riv.d from i;.e . 0; i.r,„.,i(lrates therefore, arc their
t .m.. ag.irs, ai’-J at utnc» ain^nableto them.
7. ] ivt m me? c(. jgl.t to be intlituted for the common
f n-ii r.r t o .in ' iccurity of the people; and that the
dcc-!i!'? jf i . i-reo'tinta aT^inftarbit ary pov^erand oppreilion
i iV.-H, Hav'd; undOtJlrudtivc to the good aad happincl|. of
4. '1 ii It 1V.11', O'- fet Of men, are entitled to exclulive or
f';y3rate piihiic eri..iuninits or privileges from the community,
h it in ct i.i .r'x/n of pu'^Iic fei vices, which net being defeendi-
»-jot U'.e oir.ccs of inagiifrate, Icgldator, or judge
^ -c I-
fr c::tciitivc, and judiciary powers of go-
lL.OLi*L j 1,^ feparatc and didlndt, and that the members
Wh irf reftraired from opprtlfion, by feeling
".c.rg the ptd I'c burdens, tliey Ihould, at ftated and
?. be reduced to a private Aationt return into the
r.i,if5 of the people, and be fupplied by certain and re
gular eleffioiiS, in which ali or any part of the former members
to be eligible or ineligible, aa the rules of theconftitution of go-
verr..r.e.-:t r.iall dirtuf.
6. i hat cicCtions cf reprefentatives in the legidature ought to
be free and fi eqccnr, and -all men having fufficient evidence of
permanent t .Tunon intsreft with and attachment to the com-
ir.umry, cugi't :o have the right of fuffrage—and no aid, charge,
Gx, 01 fee can be fet, rated, or levied on the people vt'itliout
ti,:;r own c -nfent, cr that cf their reprefentatives fo eleded,
ror can they be bom * by any law to whicl)^^ have not in the
like manner alictucd for the public good. ’ ^
7. Th. t .ail power of fufpending laws, or the execution of
la -/s, by any auth.orlty, without the confent of the rep: efentatives
of the people, is injurious to their rights, and ought not to be
S. Ti:at In all capital and criminal profccutions, a man hath
* right to dcinand the caufe and nature of his accufation—to be
conirenttd with the accufers and witncffcs—to call for evidences
Jnd be allowed counfel in his favour—and to a fair and fpeedy
trial by sn impartial jury of his vicinage, without whofe unani-
tiioui confent he cannot be found guilty (except in the govern
ment cf land and rraval forces) nci can he be compelled to give
f.idcnce againft himfclf.
9. That no freeman ought to betaken,!imprifoned,or dlflelxed
of his freeholds liberties, privileges or franchifes, or out lawed or
tXiled, or in any manner deftroyed or deprived of his life, liber
ty or property but by the law cf the land.
10. l hat every freeman reftrained of his liberty is entitled to
aitmedy to enquire into the lawfulnefs thereof, and to remove
the fame, if unlawful, and that fuch remedy ought not to be de
nied nor drlayed.
It. That in controverfies refnedtlng property, and in Aiitsbe
tween man and man, the ancient trial by jury is ‘^ne of the great-
til fccurltits to the rights of the people, and ought to remain
bered and inviolable.
t^- 1 hat every freeman ought to find a certain remedy by re-
touife to the laws, for all injuries and wrongs he may receive in
I’ii perfon, property, or charader. He ought to obtain riglit and
lultice freely without faie, completely and without denial,
pr'niptly and without delay, and that all eftabllfhments or re
gular ions contravening tlivfe, are opprtlfive and unjufi.
13- I hat exceffive bail ought not to be required, nor exceflUve
f-iics impofed, nor cruel and unufual puniflamentsinflided.
1 hat every freeman has a right to fecure from all unrea-
‘onalilc fearches and feizures of his perfon, his papers, and pro-
F'Uy ; all warrants, therefore, to f ;arch fufpeded places, or ieize
y freeman, his papers or perperty, witliout information upon
®aia (or affirmatiottof a perfon religioufly fcrupulpus of taking
oath) of legal and%fficient caule, are grievous and oppref-
o''e, and all general warrants to fearch fufped-ed places, or to
apprehend any fufpeded peribn without fpetlally naming or dc-
mribing the place or peribo, are Aangjet-ou* and ought not to be
Srauted. ■ .
15. That the people have a righr peaceably to alTemble togc-
tiier i^onfuli ioc..rKe cemmuer > ^ 1, o^ to infirud their repre-
ftpOtatives } and that every trectnan a right to petition or ap
ply ro the Icgiilaturc for redreis of g'ievances.
»6. JhatthcPtoFLE H.we A ricbt TO EREEDOM or
17. I hat the people have a right to, keep and bear arms—that
a vvell regulated militia compofed of the body of the people,
trained to arms, is the proper, natuiat, and fafe defence of a free
that Handing arirtics in time cf preace, are dangerous to
liberty, ;.rd therefore ought to he ivoid-id, as far as the circum
ftances and protedion of thccomh.'uiity will admit ; and that
in ail cafes, the military fliould be under ttrld fubordination
to, and governed by the civil power.
jS. That no fcldier in time of peace, ought to bp quartered
in any hoiife, wiiliout the confent of the owner, and* in time of
war in fuch manner only as the riw dirtds.
19. That any perfon reiigiouHy fcr-ipalous of bearing arms,
ought to be exempted upon payment of an equivalent to em
ploy another to bear arms in his fie.ul.
20. That religion, or tlie duty which we owe to our c.'eator
and the manner of difeharging it can be direded only by reafon
and convldion, not by iorceor violes-ce, and therefore" all men
have an equal, n.atural, and unalienabJe right to the iree exeicifc
of religion, according to the didatrs of cor.fcjence, and that no
paiiicular or religious fed or focicty ought to be tavoured or
ciTablldi'ed by Uw in preference icoihcis.
AMENDMENTS 10 the Conftituion.
I-^^THAT each flats in the -union Khali refpedivdy retain
every power, juritdidion, and right which is not by this conftl-
tution delegated to tiie Cengreri o! rb-; United States of .Ame
rica, or the departnients of the federal govemiuent.
2. That there lhall be one rc;>rcreniativc for every 50,000 ac
cording to the enumeration or ctlil’is mentioned in the conHiru-
tien, until the whole number of lepr ienratives amounts to t .vo
hundicd ; after which that nji;aihcr ,^all be connnned or in-
creuittu Hi G-yOgtcis l.iall iJ.fe^?j^upon the principles li ted ju tlie
coniTitution, by apportioning the reprefcntaiives of each Hate to
fome greater number of people from time to time, as populati
on encrcafes.
3. When Congrefs fhall lay dired ta-'es or excifes, they Ihall
immediately inform the execuKve power of each ftate, of the
quota of fuch Rare, according to the cenfus herein direded,
which is propofed to be thereby raifed : and if the legiflature of
any Rate Hull pals a law, which fliall be cfFcdual for raifing
fuch quota at the time required by Congrefs, the taxes and ex-
clfcs laid by Congrefsfhall not be colieded in fuch Hate.
4. T hat the members of the fenate and houfe of reprefenta
tives fhall be ineligible to, and incapable of holding any civil of
fice under the authority of the United States, during the time
lor which they fhall refpedivdy be eleded.
5. That tlie journals of the proceedings of the fenate and
houfe of reprefentatives fhall be,pablilhcd at leaft once in every
year, except fuch parts thereof relating to treaties, alliances, or
ntilitary operations, as in their judgment require fecretary.
6. '1 hat a regular flatement and account of receipts and ex
penditures of the public money fhall be pubiifhed at leaf! once
in every year.
7. That no commercial treaty fhall be ratified without the
concurrence of two thirds of the whole number of the members
of the fenate : and no treaty ceding, contrading, reftraining or
fufpending the territorial rights or claims of the United States or
any of them, or their or any of their rights or claims to fifhing
in the American feas, or navigating the American rivers (hall be
made but in cafes of the moft uigent and extreme necelhty ;
nor fhall any fu 'h treaty be ratified without the concurrence of
three-fourths of the whole number of the niembers of both
houfes refpedively. ^ ^
8. That no navigation law, or law regulating comijjerce,
ihall be pafTed without the cory^t of tw'o-tliirds of the members
prefent in both houfes.
9. That no or regular troops fhall be raifed or
kept up in time cf peace, without the confent of two-tluidsof
the members prefent in both houfes.
10. That no foldier Ihall be enllfted for any longer term than
four years, except in time of war, and then for no longer term
than the continuance of thd war.
11 . T hat each Bate refpedively fhall have the power for pro
viding for organizing, arming, and-d fciplining its own militia,
whenfoever Congrefs fhall omit or negled to provide forahe
fame. That the militia fhall hot be fubjed to martial law,
except when In adual fervice in time of war,invafion, or rebel
lion. And when not io the adual fsrvice of the United States,
fhall be fubjed to fuch fines, penalties, and punifhments as'
fhall be infiided by the laws of its own Bate.
12. That Congrefs ihall not declare any date to be in rebelli
on without the confent of at lea|^e two-thirds of all the mem
bers prefent of both houfes
13. That the exclufivc power of le;
over the federal town and its adjacent
purchafed, or to tfe purchafed by Co^
fhall extend only to fuch. regulations
good government thereof. ■ ’
14. That no perfon fhall be capable of,being Prefident of the
United States, ^inorc than eight yeart in any term of fijtiesn
years, 'i-
ation given to Congrefs
Brid, and other places
s of any of the Bates,
refped the police and
15. That thejudlcial power of the United States fhall be vert
ed in* one fupreme court, and "in fuch courts of admiralty as
Congrefs May from time to time ordain and cftablifli in any of
the differ ent Bates. Thejudlcial power fhall extend to all cafes
in law and equity, arifing under treaties niade, or which iliaii be
made under the authority of the United States—to ail cafes af-
feding ambaffadors, other foreign minlBers and confuls—to all
cafes of admiralty and maritime jurifdidion—to controverfies to
which the United States fhall be a party—to controverfies be
tween two or more Bates, and between parties claiming lands
under ths grants of different Bates—In all cafes aff^ding amh.=!f-
fadors, otticr foreign miniBers and confuls, and thefe in v.hith
the Bate fhall be a party, the court fhall have original
junididion ; in ail other cafes beforementioned, the
court ftiall have appellate jurifdidion as to matter of law oniy,
except in cafes cf.equity, and cf admiralty and maritime jurif
didion, in which the fupreme court fhall have aopellatejurifdlc-
tion both as to law and fad, with fucli e-xceptions and under
fuch regulaiions as the Congrefs fhall make. But the judici«l
power of theUnited States fhall extend to no cafe wher the
caufe of adion fhall have originated before the ratificatii.r! ot this
conBItution/except in dilputes between BuTcs a'nout '^^ elr ter
ritory;—di putes between perfons ciai.i mg lands order the
gfants of different Bates—and fuits for debts due to :lic Uniced
16. That in crimlaal profccutions, no man lhail be 5 cKr.iir,cd
in the excrcife of the u'ual and accuBomed ligiit ot cl.alierjicj
cr excepting to the jury.
17. T hat Cengrefs ihall net alter, modify, or interfere in ifvj
times, places, or manner uf holding ckviicns lor ftn«tors and
reprefentatives, or either of them, txc-p when the Icgiilarure o-;
any Bate fhall negled, le ufe, or be diiabied by invauon cr re-
bellion, to preferibe the fame.
i3. That iliole claufes wlilch tfe' lare tha'Congrefs rtialt not
exercift certain powei s, be not intei pi tted in any n;a .-ler wh..t-
foevtr, to extend the powers ol Cor trofs, but tlut they be coi\-
Biued either as making cxcepiiont to the fpecified power.;,
w here this fhall be the edfe, or oihe. ,vife, as inferted merely for
greater caution.
19. T hat ttie laws afe-artlining the co.npenfr I'm of feo .ti'rs
and reprefertat'ves, for their feiviues, be poBpo.'icd In their ou.,-
ration, unni attcT tire eicc.ti,n of renreioi.caLives I'.iiii.Cvi... eiy
fuccceding the p.rlTing thereof, that excepud v/hioh fiiall bbai B
paffed on the fubjed.
20. T hat fome tribunal ether than the fenate, be ptovided for
trying i.mptachments of fena ors.
21. That the faiary cf a judge fliall not be Increafed erdi nil-
nlflied during his concinuance»in office, otherwife than by gene
ral regulations of faiary which may take place, on a i cv:I,,a of
the fubjed at Bated periods of no lefs th.!;! feven y-ars,: eom-
jrnence fioni tlie time fuch falaries ihall firft be afcei t^iried by
22. K hat Congrefs ered no company of merchants with ex
clufivc advantages of commerue.
23. That no treaties which ih .11 be diredly oppofed to the ex •
iBing laws of the Unitedoutes in Cengrefs affernbled, Biall bs
valid until fuch laws be r pealed or made conformable te fuch
treaty, nor Biall any treaty be v.Bid which is contradidary to the
conBitutlon of the United States.
24. K hat the latter part of the fifth paragraph of the ninth
fedionof th: firB article be altered to read thus:—'-’or fliall
velfels bound to a particula* Bate b: cbliged to enter or pay du
ties in any other: nor when bcuiid from any one of the Bates
be obliged ta clear in another.
23. That Congrefs Ihall not diredly or indiredly,. either by
themfelvcs or through the judiciary, interfere with any of the
Bates in the redemption of paper money already emitted, and
now in circulation, or in liquidacmg and difeharging the pub
lic fecuriiics ot any of the flate.>; but each and rvery Bate fhall
have the exclufive right of making fu h laws and regulations lor
the above parpefes .is th«y fliall think proper.
26. i hat Congrefs Bull not introduce foreign treeps into the
United States wK.hout the confent of two-thirds of the members
prefent of both houfes.
Mr. Iredel, feconded by Mr. John Skinner, moved, that this
report be amended, by Briking out all the woidi of the f id re
port, except the two firB, viz. “ Refolved that,” and that the
following words be inferted in their le-Gii!, viz.
This Convention having fully deliberated on theConflltuiion
propofed for the future government of the United States of
America, by the Federal Convention lately held .at Philadelphia,
on the feventeenth day of September laB, and having taken in
to th'T ferious and folemn confiderarion, the prefent critical fitc-
ation of America, which induces them to be of opinion, that
though certain amendments to the faid conflitution may be
wiflied for, yet that thofe amendments fliould be propofed fub-
fequent to the ratification 6n the part of this Bate,^and not pre
vious to itThey DO, therefore, on behalf of the Bate of
North-Carolina, and the good people thereef, and by virtue of
the authority to them delegated, RATIFY the faid Conftitutl-
on on the part of this Bate. Andthry do at the fame time re
commend, that as early as polfible the following amendments
to the faid Conflitution, may be propofed for the confideration
and adoption of the feveral Bates in the Union, in one of the
modes prefer! bed by the fifth article thtreof.
I. EACH Bate in the Union fiial! refpeflively retain every
power, jurifdidion and right, which Unot by this conrtitutica

Page Text

This is the computer-generated OCR text representation of this newspaper page. It may be empty, if no text could be automatically recognized. This data is also available in Plain Text and XML formats.

Return to page view