Page:Revised Statutes of the State of North Carolina - Volume 1.djvu/33

Rh That perpetuities and monopolies are contrary to the genius of a free State, and ought not to be allowed.

That retrospective laws, punishing facts committed before the existence of such laws, and by them only declared criminal, are oppresive, unjust and uncompatible with liberty, wherefore, no ex post facto law ought to be made.

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 legislatures of the two States, agreeable to the other order of the late King George the Second, in council, that line, and that only, should be esteemed the southern boundary of this State, as follows: that is to say, beginning at the sea side, at a cedar stake, at or near the mouth of Little River, being the southern extremity of Brunswick county from thence, a north-west course through the boundary house, which stands at thirtythree degrees fiftysix minutes, to thirtyfive degrees north latitude; and from thence a west course, so far as is mentioned in the charter of King Charles the Second, to the late proprietors of Carolina. Therefore, all the territories, seas, water and harbors, with their appurtenances, lying between the line described, and the southern line of the State of Virginia, which begins on the sea shore in thirtysix degrees thirty minutes north latitude, and from thence runs west, agreeable to the 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 right now shall not prejudge 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 consent of the legislature. And provided further, That nothing herein contained, shall effect the titles and possessions of individuals, holding or claiming, under the laws heretofore in force, or grants heretofore made by the late