Pulled this off a thread on another site, discussing what the N.C. Legislature required of Congress in order to ratify the U.S. Constitution.
--------------------------
For those following the debate on why North Carolina held out
from joining the Federal government, I offer their own words. After
a debate of many days, this is what they sent to the newly formed
United States Congress:
"Resolved, That a declaration of rights, asserting and securing from
encroachment the great principles of civil and religious liberty, and
the unalienable rights of the people, together with amendments to the
most ambiguous and exceptionable parts of the said Constitution of
government, ought to be laid before Congress, and the convention of
the states that shall or may be called for the purpose of amending
the said Constitution, for their consideration, previous to the
ratification of the Constitution aforesaid on the part of the state
of North Carolina."
"DECLARATION OF RIGHTS.
"1. That there are certain natural rights, of which men, when they
form a social compact, cannot deprive or divest their posterity,
among which are the enjoyment of life and liberty, with the means of
acquiring, possessing, and protecting property, and pursuing and
obtaining happiness and safety.
"2. That all power is naturally vested in, and consequently derived
from, the people; that magistrates, therefore, are their trustees and
agents, and at all times amenable to them.
"3. That government ought to be instituted for the common benefit,
protection, and security, of the people; and that the doctrine of non-
resistance against arbitrary power and oppression is absurd, slavish,
and destructive to the good and happiness of mankind.
"4. That no man or set of men are entitled to exclusive or separate
public emoluments or privileges from the community, but in
consideration of public services, which not being descendible,
neither ought the offices of magistrate, legislator, or judge, or any
other public office to be hereditary.
"5. That the legislative, executive, and judiciary powers of
government should be separate and distinct, and that the members of
the two first may be restrained from oppression by feeling and
participating the public burdens: they should, at fixed periods, be
reduced to a private station, return into the mass of the people, and
the vacancies be supplied by certain and regular elections, in which
all or any part of the former members to be eligible or ineligible,
as the rules of the constitution of government and the laws shall
direct.
"6. That elections of representatives in the legislature ought to be
free and frequent, and all men having sufficient evidence of
permanent common interest with, and attachment to, the community,
ought to have the right of suffrage; and no aid, charge, tax, or fee,
can be set, rated, or levied, upon the people without their own
consent, or that of their representatives so elected; nor can they be
bound by any law to which they have not in like manner assented for
the public good.
"7. That all power of suspending laws, or the execution of laws, by
any authority, without the consent of the representatives of the
people in the legislature, is injurious to their rights, and ought
not to be exercised.
"8. That, in all capital and criminal prosecutions, a man hath a
right to demand the cause and nature of his accusation, to be
confronted with the accusers and witnesses, to call for evidence, and
be allowed counsel in his favor, and a fair and speedy trial by an
impartial jury of his vicinage, without whose unanimous consent he
cannot be found guilty, (except in the government of the land and
naval forces
nor can he be compelled to give evidence against
himself.
"9. That no freeman ought to be taken, imprisoned, or disseized of
his freehold, liberties, privileges, or franchises, or outlawed or
exiled, or in any manner destroyed, or deprived of his life, liberty,
or property, but by the law of the land.
"10. That every freeman, restrained of his liberty, is entitled 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 nor delayed.
"11. That, in controversies respecting property, and in suits between
{244} man and man, the ancient trial by jury is one of the greatest
securities to the rights of the people, and ought to remain sacred
and inviolable.
"12. That every freeman ought to find a certain remedy, by recourse
to the laws, for all injuries and wrongs he may receive in his
person, property,or character; he ought to obtain right and justice
freely without sale, completely and without denial, promptly and
without delay; and that all establishments or regulations
contravening these rights are oppressive and unjust.
"13. That excessive bail ought not to be required, nor excessive
fines imposed, nor cruel and unusual punishments inflicted.
"14. That every freeman has a right to be secure from all
unreasonable searches and seizures of his person, his papers and
property; all warrants; therefore, to search suspected places, or to
apprehend any suspected person, without specially naming or
describing the place or person, are dangerous, and ought not to be
granted.
"15. That the people have a right peaceably to assemble together, to
consult for the common good, or to instruct their representatives;
and that every freeman has a right to petition or apply to the
legislature for redress of grievances.
"16. That the people have a right to freedom of speech, and of
writing and publishing their sentiments that freedom of the press is
one of the greatest bulwarks of liberty, and ought not to be
violated.
"17. That the people have a right to keep and bear arms; that a well-
regulated militia, composed of the body of the people, trained to
arms, is the proper, natural, and safe defence of a free state; that
standing armies, in time of peace, are dangerous to liberty, and
therefore ought to be avoided, as far as the circumstances and
protection of the community will admit; and that. in all cases, the
military should be under strict subordination to, and governed by,
the civil power.
"18. That no soldier, in time of peace, ought to be quartered in any
house Without the consent of the owner, and in time of war, in such
manner only as the laws direct.
"19. That any person religiously scrupulous of bearing arms ought to
be exempted, upon payment of an equivalent to employ another to bear
arms in his stead.
"20. That religion, or the duty which we owe to our Creator, and the
manner of discharging it, can be directed only by reason and
conviction, not by force or violence: and therefore all men have an
equal, natural, and unalienable right to the free exercise of
religion, according to the dictates of conscience; and that no
particular religious sect or society ought to be favored or
established by law in preference to others."
SATURDAY, August 2, 1788
--------------------------
For those following the debate on why North Carolina held out
from joining the Federal government, I offer their own words. After
a debate of many days, this is what they sent to the newly formed
United States Congress:
"Resolved, That a declaration of rights, asserting and securing from
encroachment the great principles of civil and religious liberty, and
the unalienable rights of the people, together with amendments to the
most ambiguous and exceptionable parts of the said Constitution of
government, ought to be laid before Congress, and the convention of
the states that shall or may be called for the purpose of amending
the said Constitution, for their consideration, previous to the
ratification of the Constitution aforesaid on the part of the state
of North Carolina."
"DECLARATION OF RIGHTS.
"1. That there are certain natural rights, of which men, when they
form a social compact, cannot deprive or divest their posterity,
among which are the enjoyment of life and liberty, with the means of
acquiring, possessing, and protecting property, and pursuing and
obtaining happiness and safety.
"2. That all power is naturally vested in, and consequently derived
from, the people; that magistrates, therefore, are their trustees and
agents, and at all times amenable to them.
"3. That government ought to be instituted for the common benefit,
protection, and security, of the people; and that the doctrine of non-
resistance against arbitrary power and oppression is absurd, slavish,
and destructive to the good and happiness of mankind.
"4. That no man or set of men are entitled to exclusive or separate
public emoluments or privileges from the community, but in
consideration of public services, which not being descendible,
neither ought the offices of magistrate, legislator, or judge, or any
other public office to be hereditary.
"5. That the legislative, executive, and judiciary powers of
government should be separate and distinct, and that the members of
the two first may be restrained from oppression by feeling and
participating the public burdens: they should, at fixed periods, be
reduced to a private station, return into the mass of the people, and
the vacancies be supplied by certain and regular elections, in which
all or any part of the former members to be eligible or ineligible,
as the rules of the constitution of government and the laws shall
direct.
"6. That elections of representatives in the legislature ought to be
free and frequent, and all men having sufficient evidence of
permanent common interest with, and attachment to, the community,
ought to have the right of suffrage; and no aid, charge, tax, or fee,
can be set, rated, or levied, upon the people without their own
consent, or that of their representatives so elected; nor can they be
bound by any law to which they have not in like manner assented for
the public good.
"7. That all power of suspending laws, or the execution of laws, by
any authority, without the consent of the representatives of the
people in the legislature, is injurious to their rights, and ought
not to be exercised.
"8. That, in all capital and criminal prosecutions, a man hath a
right to demand the cause and nature of his accusation, to be
confronted with the accusers and witnesses, to call for evidence, and
be allowed counsel in his favor, and a fair and speedy trial by an
impartial jury of his vicinage, without whose unanimous consent he
cannot be found guilty, (except in the government of the land and
naval forces
nor can he be compelled to give evidence againsthimself.
"9. That no freeman ought to be taken, imprisoned, or disseized of
his freehold, liberties, privileges, or franchises, or outlawed or
exiled, or in any manner destroyed, or deprived of his life, liberty,
or property, but by the law of the land.
"10. That every freeman, restrained of his liberty, is entitled 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 nor delayed.
"11. That, in controversies respecting property, and in suits between
{244} man and man, the ancient trial by jury is one of the greatest
securities to the rights of the people, and ought to remain sacred
and inviolable.
"12. That every freeman ought to find a certain remedy, by recourse
to the laws, for all injuries and wrongs he may receive in his
person, property,or character; he ought to obtain right and justice
freely without sale, completely and without denial, promptly and
without delay; and that all establishments or regulations
contravening these rights are oppressive and unjust.
"13. That excessive bail ought not to be required, nor excessive
fines imposed, nor cruel and unusual punishments inflicted.
"14. That every freeman has a right to be secure from all
unreasonable searches and seizures of his person, his papers and
property; all warrants; therefore, to search suspected places, or to
apprehend any suspected person, without specially naming or
describing the place or person, are dangerous, and ought not to be
granted.
"15. That the people have a right peaceably to assemble together, to
consult for the common good, or to instruct their representatives;
and that every freeman has a right to petition or apply to the
legislature for redress of grievances.
"16. That the people have a right to freedom of speech, and of
writing and publishing their sentiments that freedom of the press is
one of the greatest bulwarks of liberty, and ought not to be
violated.
"17. That the people have a right to keep and bear arms; that a well-
regulated militia, composed of the body of the people, trained to
arms, is the proper, natural, and safe defence of a free state; that
standing armies, in time of peace, are dangerous to liberty, and
therefore ought to be avoided, as far as the circumstances and
protection of the community will admit; and that. in all cases, the
military should be under strict subordination to, and governed by,
the civil power.
"18. That no soldier, in time of peace, ought to be quartered in any
house Without the consent of the owner, and in time of war, in such
manner only as the laws direct.
"19. That any person religiously scrupulous of bearing arms ought to
be exempted, upon payment of an equivalent to employ another to bear
arms in his stead.
"20. That religion, or the duty which we owe to our Creator, and the
manner of discharging it, can be directed only by reason and
conviction, not by force or violence: and therefore all men have an
equal, natural, and unalienable right to the free exercise of
religion, according to the dictates of conscience; and that no
particular religious sect or society ought to be favored or
established by law in preference to others."
SATURDAY, August 2, 1788
