First. That the Constitution of North Carolina declares that it shall be justifiable to erect new States whenever the consent of the Legislature shall countenance it, and this consent is implied, we conceive, in the cession act which has thrown us into such a situation that the influence of the law in common cases was almost a nullity, and in crim­inal jurisdiction had ceased entirely; which re­duced us to the verge of anarchy.

Second. The Assembly of North Carolina have detained a certain quantity of goods, which was procured to satisfy the Indians for the lands we possess, which detainure we fully conceive has so exasperated them that they have actually commit­ted hostilities upon us, and we are alone compelled to defend ourselves from these savages.

3rdly. The resolutions of Congress held out from time to time, encouraging the erection of new States, have appeared to us ample encourage­ment.

4thly. Our local situation is such that we not only apprehend we should be separated from North Carolina, but almost every sensible, disinterested traveler has declared it is incompatible with our interest to belong in union with the eastern part of the State; for we are not only far removed from the eastern parts of North Carolina, but separated from them by high and almost impassable moun-

tains, which naturally divide us from them, which have proved to us that our interest is also in many .respects distinct from the inhabitants on the other side, and much injured by union with them.

5th and Lastly. We unanimously agree that our lives, liberties and property can be more secure and our happiness much better propagated by our separation; and consequently that it is our duty and inalienable right to form ourselves into a new and independent State.

Section 1. That all political power is vested in and derived from the people.

Section 2. That the people of this State ought to have the sole and exclusive rights of regulating the internal government and police thereof.

Section 3. That no man, or set of men, are en­titled to exclusive or separate emoluments or priv­ileges from the community, but in consideration of public services.

Section 4. That the legislative, executive and supreme judicial powers of government ought to be forever separate and distinct from each other.

Section 5. That all powers of suspending laws or the execution of laws, by any authority, without the consent of the representatives of the people is injurious to their rights, and ought not to be exer­cised.

Section 6. That elections of members to serve as representatives in General Assembly ought to be free.

Section 7. That in all criminal prosecutions every man has a right to be informed of the acc.u­sation against him, and to confront the accusers and witnesses with other testimony, and shall not be compelled to give evidence against himself.

Section 8. That no freeman shall be put to an­swer any criminal charge but by indictment,, pre­sentment or impeachment.

Section 9. 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.

Section 10. That excessive bail should not be required, nor excessive fines imposed, nor cruel and unusual punishments be inflicted.

Section 11. That general warrants, whereby any officer or messenger may be commanded to search suspected places, without evidence of the fact committed, or to seize any person or persons not named whose offense is not particularly de­scribed and supported by the evidence, are dan­gerous to liberty and ought not to be granted.

Section 12. 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 laws of the land.,

Section 13. That every freeman restrained of his liberty is entitled to a remedy to inquire into the lawfulness thereof and to remove it, if unlaw­ful; and that such remedy ought not to be denied.

Section 14. 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.

Section 15. That the freedom of the press is one of the greatest bulwarks of liberty, and there­fore ought never to be restrained. ,

Section 16. 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.

Section 17. That the people have a right to bear arms for the defense of the State; and as standing armies in times 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 be governed by civil power.

Section 18. 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.

Section 19. That all men have a natural and in­alienable right to worship God Almighty according to the dictates of their own conscience.

Section 20. That for redress of grievances and for amending and strengthening the laws, elections ought to be often held.

Section 21. That a frequent recurrence to fun­damental principles is absolutely necessary to pre­serve the blessings of liberty.

Section 22. That no hereditary emoluments, privileges, or honors ought to be granted or con­ferred in this State.

Section 24. 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.

Section 25. That the people have a right by their representatives to enact laws to encourage virtue and surpress vice and immorality.

Agreed to and resolved upon by the representatives of the free men of the state of Franklin, elected and chosen for that particular purpose, in conven­tion. Assembled, at Jonesborough, the 17th De­cember, Anno. Dom. 1784.

Section 1. That the legislative authority shall be vested in two distinct branches, both dependent on the people, to-wit: a Senate and a House of Commons.

Section 2. That the Senate shall be composed of three representatives annually chosen by ballot from each County until there be ten Counties in the State, after that period, one from each County.

Section 4. That the House of Commons shall be composed of representatives chosen by ballot, four for each County, until there be ten Counties within the State, and after that period, two for each Coun­ty.

I Section 4. That the Senate and House of Com­mons assembled for the purpose of legislation shall be denominated the General Assembly.

Section 5. That each member of the Senate shall have usually resided in the County in which he is chosen for one year immediately preceding his election, and for the same time shall have pos­sessed and continued to possess in the County which he represents not less than one hundred acres of land in fee.

Section 6. That each member of the House of Commons shall have usually resided in the county in which he is chosen for one year immediately preceding his election.

Section 7. That all freemen of the age of twen­ty-one years who have been inhabitants of any one County within the State twelve months immediate­ly preceding the day of any election, and possess­ed of a freehold within the same County of fifty acres of land for six months next before and at the day of election shall be entitled to vote for a member of the Senate.

Section 8. That all freemen of the age of twen­ty-one years who have been inhabitants of any County in this State twelve months immediately preceding the day of any election, and shall have paid public taxes, shall be entitiled to vote for members of the House of Commons for the County in which he resides.

Section 9. That all persons possessed of a free­hold in any town in this State having a right of rep­resentation, and also all freemen who have been inhabitants of any such town twelve months next before and at the day of election, and shall have paid public taxes, shall be entitiled to vote for a member to represent such town in the House of Commons; provided always, that this section shall not entitle any inhabitant of such town to vote for members of the House of Commons for the County in which he may reside, nor any freeholder in such County who resided without or beyond the limits of town to vote for a member of said town.

Section 10. That the Senate and House of Com­mons, when met, shall each have power to choose a speaker and other officers, and shall be judges of the qualifications and election of their members, sit upon their own adjournment from day to day, and prepare Bills to be passed into laws. The two houses shall direct writs of election for supplying intermediate vacancies and shall also jointly by ballot adjourn themselves to any future day.

Section 11. That all bills shall be read three times in each house before they pass into laws, and be signed by the speakers of both houses. On motion and second, the yeas and nays shall be tak­en on the passing of any act, and printed with the same.

Section 12. That every person who shall be chosen a member of the Senate or House of Com­mons, or appointed to any office or place of trust, before taking his seat or entering upon the execu­tion of his office, shall take an oath to the State, and all officers also shall take an oath of office.

Section 13. That the General Assembly by joint ballot of both houses shall appoint Judges of the Supreme Courts of Law and Equity and Attorney General, who shall be commissioned by the Gover­nor and hold their offices during good behavior.

Section 14. That the Senate and House of Com­mons shall have power to appoint the general and field officers of the militia and all officers of the regular army of the State.

Section 15. That the Senate and House of Com­mons jointly at their first meeting after each an­nual election shall by ballot, elect a Governor for one year, who shall not be eligible to that office longer than three years in six successive years; that no person under thirty years of age and who has not been a resident in this State above one year and shall not have in the State a freehold in land and tenements above the value of two hundred and fifty pounds, shall be eligible as Governor. .

Section 16. That the Senate and House of Com­mons jointly at their first meeting after each an­nual election shall by ballot elect five persons to be a Council of State for one year, who shall ad­vise the Governor in the execution of his office, and that three 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 jour­nals shall be laid before the General Assembly, when called for by them.

Section 17. 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 Franklin, and be af­fixed to all grants and commissions.

Section 18. 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 pub­lic safety.

Section 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 government, and be accountable to them for the same; and he also may, by and with the advice of the Council of State, lay embargoes or prohibit the expor­tation of any commodities for any term not ex­ceeding thirty days at any one time in the recess of the General Assembly; and shall have the pow­er of granting pardons and reprieves, except where the prosecutions shall be carried on in the Gener­al Assembly or the law shall otherwise direct. In such case, he may in the recess grant a re­prieve until the next sitting of the General Assem­bly; and may exercise all other executive powers of government, limited and restrained as by 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 government, after such death or during such absence or inability of the Governor or Speaker of the Senate or until a new nomination is made by the General Assembly.

Section 20. That in every case where any of­ficer, the right of whose appointment is made by this Constitution vested in the General Assembly, 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.

Section 21. That the Governor, Judges of Su­preme Courts of Law and Equity and Attorney General, shall have adequate salaries during their continuance in office.

Section 22. That the General Assembly shall by joint ballot of both houses annually appoint a Treasurer or Treasurers for this State.

Section 23. . That the Governor or other officers offending against the State by violating any part of this Constitution, maladministration or corruption, may be prosecuted on the impeachment of the Gen­eral Assembly, or presentment of the grand jury of any court of supreme jurisdiction of this State.

Section 24. That the General Assembly shall by joint ballot of both houses, triennially appoint a Secretary for this State.

Section 25. That no persons, who heretofore have been or hereafter may be receivers of public monies, shall have a seat in either house of 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 if legally called upon.

Section 26. That no Treasurer shall have a seat in either 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 have paid the same into the hands of the succeeding Treasurer.

Section 27. 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 supplying such army or navy with clothing or provisions, shall have a seat either in the Sen­ate, the House of Commons, or the Council of State, or be eligible thereto; 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.

Section 28. That no member of the Council of State shall have a seat either in the Senate or the House of Commons; provided, nevertheless, that the Governor and Council shall attend the General Assembly during the sitting of the same, and that it shall be a part of their official duty to revise all bills before they can be passed and recommend such amendments as they may think proper.

Section 29. That no Judge of the Supreme Court of Law or Equity shall have a seat in Senate, House of Commons or Council of State.

Section 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.

Section 31. That no clergyman or preacher of the gospel of any denomination shall be capable of being a member of either the Senate or House of Commons while he continues in the service of the pastoral function.

Section 32. That no person shall deny the being of a 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.

Section 33. That the Justices of the Peace with­in their respective Counties in this State shall in the future be recommended to the Governor for the time being by the representatives in General As­sembly, and the Governor shall commission them accordingly, and the Justices commissioned shall hold their office during good behavior, and shall . not be removed from office by the General Assem­bly unless for misbehavior, absence or inability.

Section 34. That there shall be no establish­ment of any religious church or denomination in this State in preference to any other, neither shall any person on any pretense whatever 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 therein contained shall be construed to except preachers of treasonable or seditious doctrines from legal trial or punishment.

Section 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 of the office of a Justice of the Peace shall be considered as a lucrative office.

Section 36. That all commissions and grants shall run in the name of the State of Franklin 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 clerks of the respective courts. In­dictments shall conclude against the peace and dignity of the State.

Section 37. That the delegate for this State to the Constitutional Congress, while necessary, shall be chosen annually by the General Assembly, by ballot, but may be superseded in the meantime in the same manner; and no person shall be elected to serve in that capacity for more than three years successively.

Section 38. That there shall be a sheriff, cor­oner or coroners and constables in each County within the State.

Section 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 any cap­ital offenses, when the proof is evident or pre­sumption great.

Section 40. That any foreigner who comes to settle in this State, having first taken an oath of allegiance to the same, may purchase or by other means acquire, hold and transfer land or other real estate; and after one year's residence shall be deemed a free citizen.

Section 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.

Section 42. That no purchase of lands shall be made of Indian natives, but on behalf of the public, by authority of the General Assembly.

Section 43. That the future Legislatures of this State shall regulate entails in such manner as to prevent perpetuities.

Section 44. That the Declaration of Rights is hereby declared to be a part of the Constitution of this State, and ought never to be violated on any pretense whatsoever.

Section 45. That any member of either house of the General Assembly shall have liberty to dis­sent from and protest against any act or resolves which he may think injurious to public, or any in­dividual, and have the reasons of his dissent enter­ed on the journals.

Section 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 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 adjournment.

This Constitution is not intended to preclude the present Convention from making a temporary pro­vision for the well ordering of this State until the General Assembly shall establish government agreeable to the mode herein described.

Resolved, That this Convention recommend this Constitution for the serious consideration of the people during six ensuing months, after which time and before the expiration of the year, they shall choose a Convention for the express purpose of adopting it in the name of the people, if agreed to by them, or altering it as instructed by them.