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CONSTITUTION
North
Carolina
1776
During
the revolutionary period, only Virginia preceded North
Carolina in separating church and state. The original
Carolina Provincial Charter of 1663 establishes the
Church of England as the recognized religion, but also
grants eight men and their heirs the authority to excuse
as they see fit, and with such limitations as they deem
necessary, any person who could not in good conscience
conform to the laws, ceremonies and oaths of the established
church. Persons receiving such exemptions were still
required to obey all civil and other ecclesiastical
laws. Following this Charter, Carolina adopted John
Locke's "Fundamental Constitutions" in 1669. Although
they were short-lived, the principles of religious tolerance
contained therein doubtless had an effect upon the North
Carolina constitution of 1776. Up until the time preceding
the Revolutionary War, non-Anglican religious sects
were granted "indulgences" as tolerated groups in spite
of the Anglican establishment. Then, pursuant to the
Schism Act, North Carolina colonial governments from
1730 to 1773 excluded all Anglican dissenters from holding
any sort of public office or position. By 1773, the
tide began to turn and non-Anglican clergy and dissenters
were allowed back into public office and positions.
Finally, in 1776, the Halifax Congress met and adopted
the constitution that follows. This constitution remained
in force for nearly 60 years. As far as religious freedom
is concerned, only three minor changes were made by
way of amendment: in Article XXXII, the word "Protestant"
was changed to "Christian"; in Article XXXI, the clause
regarding the incapacity of clergyman to hold office
was stricken; and Article XXXIV was omitted.
RJ&L
Religious Institutions Group
A
DECLARATION OF RIGHTS, &c.
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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.
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* * *
XXXI.
That no clergyman, or preacher of the gospel, of any denomination,
shall be capable of being a member of either the Senate,
House of Commons, or Council of State, while he continues
in the exercise of the pastoral function.
XXXII.
*That no person, who shall deny the being of
God or the truth of the Protestant religion, or the divine
authority either of the Old or New Testaments, 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.
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* * *
XXXIV.
That there shall be no establishment of any one religious
church or denomination in this State, in preference to any
other; neither shall any person, on any pretence whatsoever,
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 herein contained shall be construed to exempt preachers
of treasonable or seditious discourses, from legal trial and
punishment.
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Source:
the federal and state constitutions, colonial charters,
and other organic laws of the united states 1409-14 (Ben:
Perley Poore, 1878).
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