A Declaration of Rights made by the Representatives
of the
Freemen of the State of North Carolina.
I. That all Political Power is vested in, and derived from the
People only.
II. That the People of this State ought to have the sole and
exclusive Right of regulating the internal Government and
Police thereof.
III. That no man or Set of men, are intitled to exclusive or
separate Emoluments or Privileges from the Community, but in
Consideration of Public Services.
IV. That the legislative, executive and supreme judicial Powers
of Government, ought to be forever separate and distinct from
each other.
V. That all power of suspending Laws, or the Execution of Laws,
by any Authority, without Consent of the Representatives of the
People, is injurious to their Rights and ought not to be
executed.
VI. That Elections of members, to serve as Representatives in
General Assembly ought to be free.
VII. That in all Criminal Prosecutions every man has a Right to
be informed of the accusation against him, and to confront the
Accusers and Witnesses with other Testimony, and shall not be
compelled to give Evidence against himself.
VIII. That no Freeman shall be put to answer any Criminal
Charge but by Indictment, Presentment or Impeachment.
IX. That no Freeman shall be convicted of any crime, but by the
unanimous verdict of a Jury of good and lawful men, in open
Court, as heretofore used.
X. That excessive Bail should not be required, nor excessive
Fines imposed, nor cruel or unusual Punishments inflicted.
XI. That General Warrants, whereby any Officer or Messenger may
be commanded to search suspected Places, without Evidences of
the Fact committed, or to seize any Person or Persons not
named, whose Offence is not particularly described and
supported by Evidence, are dangerous to Liberty, and ought not
to be granted.
XII. That no Freeman ought to be taken, imprisoned, or
disseized of his Freehold, Liberties, or Privileges, or
outlawed or exiled, or in any manner destroyed or deprived of
his Life, Liberty, or Property, but by the Law of the Land.
XIII. That every Freeman restrained of his Liberty is intitled
to a Remedy to inquire into the Lawfulness thereof, and to
remove the same if unlawful, and that such Remedy ought not to
be denied or delayed.
XIV. That 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.
XV. That the Freedom of the Press is one of the great Bulwarks
of Liberty, and therefore ought never to be restrained.
XVI. That the People of this State ought not to be taxed, or
made subject to the Payment of any Impost or Duty, without the
consent of themselves, or their Representatives in General
Assembly, freely given.
XVII. That the people have a Right to bear Arms for the Defence
of the State, and as Standing Armies in Time of Peace are
dangerous to Liberty, they ought not to be kept up, and that
the military should be kept under strict Subordination to, and
governed by the Civil Power.
XVIII. That the people have a Right to assemble together, to
consult for their common Good, to instruct their
Representatives, and to apply to the Legislature for Redress of
Grievances.
XIX. That all men have a natural and unalienable right to
worship Almighty God, according to the dictates of their own
consciences.
XIX. That for redress of grievances, and for amending and
strengthening the laws, elections ought to be often held.
XXI. That a frequent recurrence to fundamental principles is
absolutely necessary to preserve the blessings of liberty.
XXII. That no hereditary emoluments, privileges, or honours,
ought to be granted or conferred in this State.
XXIII. That perpetuities and monopolies are contrary to the
genius of a free State, and ought not to be allowed.
XXIV. That retrospective laws punishing acts committed before
the existence of such laws, and by them only declared criminal,
are oppressive, unjust and incompatible with liberty, wherefore
no ex post facto law ought to be made.
The southern boundary does indeed begin just east of the
Little River Inlet and go northwest from there. However, the
next section, an east-west line, is not at 35 degrees,
according to the maps, but at about 34 degrees 48 minutes. The
surveyors made a topographical error and stopped short of the
35th parallel.
The jog around Fort Mill, South Carolina, happened because the
surveyors were told to go around the Catawba lands.
The northern boundary is actually between 36 degrees 32 minutes
and 36 degrees 33 minutes, according to an aeronautical chart
in Manassas, Virginia (HEF).
XXV. The property of the soil in a free government being one of
the essential rights of the collective body of the people, it
is necessary, in order to avoid future disputes that the limits
of the State should be ascertained with precision; and as the
former temporary line between North and South Carolina was
confirmed and extended by commissioners, appointed by the
Legislature of the two States, agreeable to the order of the
late King George II. in Council, that line, and that only,
should be esteemed the southern boundary of this State, that is
to say, beginning on the sea side at a cedar stake, at or near
the mouth of the Little River (being the southern extremity of
Brunswick County), and running from thence a north west course
through the boundary house, which stands in thirty three
degrees fifty six minutes to thirty five degrees north
latitude, and from thence a west course, so far as is mentioned
in the Charter of King Charles II. to the late proprietors of
Carolina.
Therefore all the Territory, Seas, Waters, and Harbours, with
their appurtenances, lying between the Line above described and
the Southern Line of the State of Virginia, which begins on the
Sea Shore. in thirty six Degrees thirty Minutes North Latitude,
and from thence runs West agreeable to the said Charter of King
Charles, are the Right and Property of the People of this
State, to be held by them in Sovereignty: any partial Line,
without the consent of the Legislature of this State, at any
Time thereafter directed or laid out in any wise,
notwithstanding. Provided always, That this Declaration of
Rights shall not prejudice any Nation or Nations of Indians
from enjoying such hunting Grounds as may have been, or
hereafter shall be secured to them, by any former or future
Legislature of this State. And provided also, That it shall not
be construed so as to prevent the Establishment of one or more
Governments Westward of this State, by the consent of the
Legislature. And provided further, That nothing herein
contained shall effect the Titles or Possessions of
Individuals, holding or claiming under the Laws heretofore in
force or Grants heretofore made by the late King George III or
his Predecessors or the late Lords Proprietors, or any of them.
December the Seventeenth, one Thousand Seven Hundred and
Seventy Six, read the third time, and ratified in open
Congress.
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