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cessary words, and sentences. The reason for this is to be found in the character of the Forms heretofore generally in use: such as were familiar to the public and entirely legal, although containing a surplusage of words, have been adopted, lest more concise Instruments might be looked on with suspicion, or be thought to be erroneous.

The arrangement of the present work also 'gives it an advantage over any similar one heretofore in use. From the alphabetical order of the subjects, and the complete alphabetical Index, it will be easy to find any desired matter contained in the book-a consideration of importance to people not skilled in law or literature, and one which cannot be said to recommend the "North Carolina Form Book" formerly in use.

Thus it is believed that as regards matter-the matter which it contains and which it does not contain--and in arrangement, the present work is preferable to any of its predecessors, while the annexed recommendations will prevent any doubts as to its authority or accuracy.

"The North Carolina Form Book" is anonymous, and besides, by no means full; and the only other repositories of North Carolina Forms, Swaim's "Man of Business" and "Justice," are works not devoted exclusively to this subject.

The author desires, however, to express his obligations to the compilations of Swaim; and he deems it but justice to the memory of that - laborious and useful citizen to say, that his works, necessarily incomplete and deficient, filled a very important vacuum in our legal literature, and however much they can be and should be corrected and improved, entitle him to the grateful recollections of his fellow-citizens,

RALEIGH, July, 1852,


At a Congress of the Representatives of the Freemen of the State of North Carolina, assembled at Halifax, the seventeenth day of December, in the year of our Lord one thousand seven hundred and seventy-six, for the purpose of establishing a Constitution, or Form of Government, for the said State:



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

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

SEC. 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.

SEC. 4. That the Legislative, Executive, and Supreme Judicial powers of Government, ought to be forever separate and distinct from each other.

SEC. 5. 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 exercised.


SEC. 6. That elections of Members to serve as Representatives in General Assembly, ought to be free.

SEC. 7. 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 complelled to give evidence against himself.

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

SEC. 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,

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

SEC. 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 persons not named, whose offence is not particularly described and supported by evidence, are dangerous to liberty, and ought not to be granted.

SEC. 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 law of the land.

SEC. 13. 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 or delayed.

SEC. 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.

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

SEC. 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.

SEC. 17. 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.

SEC. 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.

SEC. 19. That all men have a natural and unalienable right to worship Almighty God according to the dictates of their own consciences.

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

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