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NORTH CAROLINA MANUAL
1947
Issued by Thad Eure
Secretary of State Raleigh
1947
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TO THE
1947 MEMBERS OF THE GENERAL ASSEMBLY OF NORTH CAROLINA
TO THE
STATE, COUNTY, CITY AND TOWN OFFICIALS
AND TO THE
PEOPLE OF THE OLD NORTH STATE AT HOME AND ABROAD
THIS MANUAL IS RESPECTFULLY DEDICATED
Secretary of State.
NO
— o
PRESSES OF
THE ORANGE PRINTSHOP CHAPEL HILL, N. C.
1947
CONTENTS
PART I HISTORICAL
Page
The State 11
The State Capitol 15
Chief Executives of North Carolina
Governors of Virginia 17
Executives under the Proprietors 17
Governors under the Crown 18
Governors Elected by the Legislature 18
Governors Elected by the People 20
The State Flag 23
The Mecklenburg Declaration of Independence 24
The Great Seal of North Carolina 26
The State Bird 28
The Halifax Resolution 30
Name of State and Nicknames 31
The State Motto 31
The State Colors 32
The State Flower 32
The State's Most Famous Toast 32
Legal Holidays in North Carolina 32
Population of the State since 1675 33
State Song 34
The Constitution of North Carolina 35
The American's Creed 71
The American Flag
Origin 71
Proper Display 74
Pledge to the Flag 78
The National Capitol 80
Declaration of Independence 83
Constitution of the United States : 88
PART II
CENSUS
Sixteenth Census, 1940
Population of State Ill
Population of Counties 112
Population of Cities and Towns 113
[5]
6 North Carolina Manual
PART lil
POLITICAL
Page
Congressional Districts , 121
Judicial Districts 121
Senatorial Districts and Apportionment of Senators 122
Apportionment of Members of the House of Representatives 125
State Democratic Platform 126
Plan of Organization of the State Democratic Party 133
Committees of the Democratic Party
State Democratic Executive Committee 148
Congressional District Executive Committees 152
Judicial District Executive Committees 154
Senatorial Executive Committees 157
Chairmen of the County Executive Committees 160
State Republican Platform 162
Plan of Organization of the State Republican Party 169
Committees of the Republican Party
State Republican Executive Committee 174
Congressional, Judicial and Senatorial District Committees 178 Chairmen of the County Executive Committees 178
PART IV
ELECTION RETURNS
Popular and Electoral Vote for President by States, 1944 183
Popular Vote for President by States, 1928-1940 184
Vote for President by Counties, 1924-1944 186
Vote for Governor by Counties, Primaries, 1940-1944 189
Vote for Governor by Counties, General Election, 1924-1944 192 Vote for State Officials, Democratic Primaries, 1936,
1938, and 1940 195
Vote for State Officials by Counties, Primary, 1944 197
Total Votes Cast— General Election, 1944 200
Vote for Congressmen in Democratic Primary, May 27, 1944 201 Vote for Congressmen in Republican Primary, May 27, 1944 202 Vote in Special Elections for Unexpired Terms:
LOth Congressional District, January 22, 1946 203
8th Congressional District, May 25*, 1946 204
Vote for Congressmen in Democratic Primary, May 25, 1946 205 Vote for Congressmen in Second Democratic Primary,
June 22. 1946 211
Vote for Members of Congress, 1932-1946 212
Vote for United States Senator, Primary, May 27, 1944 . 225
Vote for United States Senator, General Election,
November 7, 1944 227
Vote on Constitutional Amendments by Counties, 1946 231
Vote on Prohibition, 1881, 1908, 1933 233
Contents 7
PART V GOVERNMENTAL AGENCIES, BOARDS AND COMMISSIONS
Page
Agencies, Boards and Commissions 237
North Carolina Institutions Correctional
White 257
Negro 257
Educational
White 258
Negro 265
Hospitals
White 269
Negro 271
Confederate Woman's Home 271
PART VI LEGISLATIVE
The General Assembly
Senate
Officers 283
Senators (Arranged Alphabetically) 283
Senators (Arranged by Districts) 284
Rules 285
Standing Committees 30C
Seat Assignments 30£
House of Representatives
Officers 310
Members (Arranged Alphabetically) 310
Members (Arranged by Counties) 312
Rules 315
Standing Committees 331
Seat Assignments 343
PART VII BIOGRAPHICAL SKETCHES
Executive Officials 347
Administrative Officials 355
United States Senators 373
Representatives in Congress 376
Justices of the Supreme Court 385
Members of the General Assembly
Senators
Repi*esentatives 422
Occupational and Professional Classification 484
8 North Carolina Manual
PART VIII OFFICIAL REGISTER
Page United States Government
President and Vice-President 491
Cabinet Members 491
North Carolina Senators and Representatives in Congress 491
United States Supreme Court Justices 491
United States District Court
Judges 491
Clerks 492
Solicitors 492
United States Circuit Court of Appeals
Judge Fourth District 492
State Government
Legislative Department 493
Executive Department 493
Judicial Department 493
Administrative Department 494
State Institutions 495
Heads of Agencies other than State ! 496
County Government :.... 497
ILLUSTRATIONS
State Capitol 14
State Flag 22
State Seal 27
State Bird :.... 29
State Song (Words and Music) 34
Map of North Carolina 70
The American Flag 72
Map Showing Congressional Districts 144, 145
Map Showing Senatorial Districts T76, 177
Map Showing Judicial Districts 208, 209
Seating Diagram of Senate Chamber 308
Seating Diagram of House of Representatives 342
Pictures
Governor 346
State Officers 351
Senators and Congressmen 375, 381
Justices of the Supreme Court 386
State Senators 393, 399, 407
Members House of Representatives 423, 430, 439
447, 455, 463, 471
PART I HISTORICAL
THE STATE
North Carolina, often called the "Tar Heel" state, was the scene of the first attempt at colonization in America by English- speaking people. Under a charter granted to Sir Walter Raleigh by Queen Elizabeth, a colony was begun on Roanoke Island. This settlement however, was unsuccessful and later became known as "The Lost Colony."
The first permanent settlement was made about 1650 by im- migrants from Virginia. In 1663 Charles II granted to eight Lords Proprietors a charter for the territory lying "within six and thirty degrees northern latitude, and to the west as far as the South seas, and so southerly as far as the river St. Matthias, which bordereth upon the coast of Florida, and within one and thirty degrees of northern latitude, and so west in a direct line as far as the South seas aforesaid, . . ." and the colony was called Carolina. In 1665 another charter was granted to these noblemen. This charter ex- tended the limits of Carolina so that the northern line was 36 de- grees and 30 minutes north latitude, and the southern line was 29 degrees north latitude, and both of these lines extended westward to the South seas.
In 1669 John Locke wrote the Fundamental Constitutions as a model for the government of Carolina. The Lords Proprietors adopted these constitutions and directed the governor to put into operation as much of them as was feasible. In 1670 there were four precincts (changed to counties in 1739) : Pasquotank, Per- quimans, Chowan, and Currituck. North Carolina now has one hundred counties.
Carolina was on Dec. 7, 1710, divided into North Carolina and South Carolina, and Edward Hyde, on May 12, 1712, became the first governor of North Carolina.
In 1729 seven of the eight Lords Proprietors sold their interest in Carolina to the Crown and North Carolina became a royal colony. George Burrington was the first royal governor. Richard Everard, the last proprietary governor, served until Burrington was appointed.
North Carolina, on April 12, 1776, authorized her delegates in the Continental Congress to vote for independence, and on Decem- ber 18, 1776, adopted a constitution. Richard Caswell became the
[ 11 ]
12 North Carolina Manual
first governor under this constitution. On November 21, 1789, the state adopted the United States Constitution, being- the twelfth state to enter the federal union. North Carolina, in 1788, had re- jected the Constitution on the grounds that certain amendments were vital and necessary to a free people.
A constitutional convention was held in 1835 and among several changes made in the Constitution was the method of electing the governor. After this change the governor was elected by the people for a term of two years instead of being elected by the legislature for a term of one year. Edward Bishop Dudley was the first gover- nor elected by the people.
North Carolina seceded from the Union May 20, 1861, and was admitted to the Union in July, 1868.
A new state constitution was adopted in 1868 and since that date the governor has been elected by the people for four-year terms and he cannot succeed himself. There has not been a new constitu- tion sine 1868, but numerous amendments have been added to it.
North Carolina has been democratic since 1900, during which period it has made its greatest progress.
North Carolina has had two permanent capitals — New Bern and Raleigh — and there have been three capitol buildings. Tryon's Palace in New Bern was constructed in the period, 1767-70, and the main building was destroyed by fire February 27, 1798. The first capitol in Raleigh was completed in 1794 and was destroyed by fire on June 21, 1831. The present capitol was completed in 1840.
The state ceded her western lands which was composed of Wash- ington, Davidson, Hawkins, Greene, Sullivan, Sumner, and Tennes- see counties, to the federal government in 1790 and in 1796 Tennes- see entered the Union as a state.
North Carolina supports a nine months school for every child of school age and maintains a fleet of 4,800 buses by which it trans- ports 348,000 children to school each school day in the year. During a nine months term these 4,800 buses travel approximately 31,- 000,000 miles.
The state also maintains 58,500 miles of roads of which approxi- mately 48,000 miles are county roads and 10,500 miles are state
The State 13
roads. These roads are maintained from gasoline tax, drivers' licenses and licenses for automobiles, trucks, and busses.
North Carolina extends from the sea coast to the mountains, having the highest peak (Mount Mitchell — 6,684 feet) east of the Mississippi. It has extensive agricultural and industrial develop- ments. Some of the agricultural products are corn, cotton, tobacco, wheat, barley, oats, peanuts, soya beans, various types of hay, po- tatoes, garden truck, dairy products, beef, pork, poultry and fruits. Some of the industrial products are furniture, cloth, hosiery, cot- ton yarns, tobacco, canned fruits and vegetables, ceremic products, and lumber. There is some mining such as coal, gold, copper, talc, mica, and many other products.
During the war the state had many camps wherein the service men received their training for active combat duty. North Caro- lina is proud of having had the opportunities to serve the nation in providing these training camps and it is also justly proud of the more than 300,000 men and women who served the nation in World War II.
THE STATE CAPITOL
The original State Capitol of North Carolina was destroyed by fire on June 21, 1831.
At the session of November, 1832, the Assembly resolved to re- build on the old site, and $50,000 was appropriated for the purpose. Commissioners were appointed to have the work done. The rubbish was cleared away, the excavations made and the foundations were laid. On July 4, 1833, the cornerstone as set in place.
After the foundations were laid the work progressed more slow- ly, and it was so expensive that the appropriation was exhausted. The Legislature at its next session appropriated $75,000 more. To do the stone and finer work many skilled artisans had been brought from Scotland and other countries. The Building Commissioners contracted with David Paton to come to Raleigh and superintend the work. Mr. Paton was an architect who had come from Scotland the year before. He was the builder, the architect, the designer.
The Legislature was compelled to make appropriations for the work from time to time. The following is a table of the several appropriations made:
Session of 1832-33 $ 50,000.00
Session of 1833-34 75,000.00
Session of 1834-35 75,000.00
Session of 1835 75,000.00
Session of 1836-37 120,000.00
Session of 1838-39 105,300.00
Session of 1840-41 31,374.46
Total $531,674.46
The stone with which the building was erected was the property of the State. Had the State been compelled to purchase this ma- terial the cost of the Capitol would have been considerably in- creased.
In the summer of 1840 the work was finished. At last, after more than seven years, the sum of $531,674.46 was expended. As
[ 15 ]
16 North Carolina Manual
large as that sum was for the time, when the State was so poor and when the entire taxes for all State purposes reached less than $100,000, yet the people were satisfied. The building had been erecter with rigorous economy, and it was an object of great pride to the people. Indeed, never was money better expended than in the erection of this noble Capitol.
Description of the Capitol, Written by David Paton,
the Architect
"The State Capitol is 160 feet in length from north to south by 140 feet from east to west. The whole height is 97 Vi feet in the center. The apex of pediment is 64 feet in height. The stylobate is IS feet in height. The columns of the east and west porticoes are 5 feet 2^ inches in diameter. An entablature, including block- ing course, is continued around the building, 12 feet high.
"The columns and entablature are Grecian Doric, and copied from the Temple of Minerva, commonly called the Parthenon, which was erected in Athens about 500 years before Christ. An octagon tower surrounds the rotunda, which is ornamented with "Grecian cornices, etc., and its dome is decorated at top with a similar ornament to that of the Choragic Monument of Lysicrates, commonly called the Lanthorn of Demosthenes.
"The interior of the Capitol is divided into three stories: Fix si, the lower story, consisting of ten rooms, eight of which are appro- priated as offices to the Governor, Secretary, Treasurer, and Comp- troller, each having two rooms of the same size — the one containing an area of 649 square feet, the other 528 square feet — the two com- mittee rooms, each containing 200 square feet, and four closets: also the rotunda, corridors, vestibules, and piazzas, contain an area of 4,370 square feet. The vestibules are decorated with co"1. umns and antse, similar to those of the Ionic Temple on the IlissuN, near the Acropolis of Athens. The remainder is groined with stone and brick, springing from columns and pilasters of the Roman Doric.
"The second story consists of Senatorial and Representatives' chambers, the former containing an area of 2,545 and the latter
The State Capitol 17
2,849 square feet. Four apartments enter from Senate Chamber, two of which contain each an area of 169 square feet, and the other two contain each an area of 154 square feet; also, two rooms enter from Representatives' chamber, each containing an area of 170 square feet; of two committee rooms, each containing an area of 231 feet; of four presses and the passages, stairs, lobbies, and colonnades, containing an area of 3,204 square feet.
"The lobbies and Hall of Representatives have their columns and ante of the Octagon Tower of Andronicus Cyrrhestes and the plan of the hall is of the formation of the Greek theatre and the columns and ante in the Senatorial chamber and rotunda are of the Temple of Erectheus, Minerva Polias, and Pandrosus, in the Acropolis of Athens, near the above named Parthenon.
"Third, or attic story, consists of rooms appropriated to the Supreme Court and Library, each containing an area of 693 square feet. Galleries of both houses have an area of 1,300 square feet; also two apartments entering from Senate gallery, each 169 square feet, of four presses and the lobbies' stairs, 988 square feet. These lobbies as well as rotunda, are lit with cupolas, and it is proposed to finish the court and library in the florid Gothic style."
CHIEF EXECUTIVES OF NORTH CAROLINA
Governors of "Virginia"
Ralph Lane, April , 1585-June , 1586.
John White, April , 1587-August , 1587.
Chief Executives Under the Proprietors
William Drummond, October , 1663-Octoter , 1667.
Samuel Stephens, October , 1667-December , 1669.
Peter Carteret, October , 1670-May , 1673.
John Jenkins, May , 1673-November , 1676.
Thomas Eastchurch, November , 1676- , 1678.
Thomas Miller, , 1677......
John Culpepper, , 1677- , 1678.
Seth Sothel, , 1678-
18 North Carolina Manual
John Harvey, February , 1679- August , 1679.
John Jenkins, November , 1679- , 1681.
Seth Sothel, , 1682- , 1689.
Philip Ludwell, December , 1689- , 1691.
Philip Ludwell, November 2, 1691- , 1694.
Thomas Jarvis, , 1691- , 1694.
John Archdale, August 31, 1694- - , 1696.
John Harvey, , 1694- _ , 1699.
Henderson Walker, , 1699-August 14, 1704.
Robert Daniel, , 1704- , 1705.
Thomas Cary, , 1705- , 1706.
William Glover, , 1706- , 1708.
Thomas Cary, , 1708-January , 1711.
Edward Hyde, , 1710-May 9, 1712.
Edward Hyde, May 9, 1712-Septemter 8, 1712. Thomas Pollock, September 12, 1712-May 28, 1714. Charles Eden, May 28, 1714-March 26, 1722. Thomas Pollock, March 30, 1722-August 30, 1722. William Reed, August 30, 1722-January 15, 1724. George Burrington, January 15, 1724-July 17, 1725. Richard Everard, July 17, 1725-May , 1728.
Governors Under the Crown
Richard Everard, May , 1728-February 25, 1731.
George Burrington, February 25, 1731-April 15, 1734. Nathaniel Rice, April 15, 1734-October 27, 1734. Gabriel Johnston, October 27, 1734-July 17, 1752. Matthew Rowan, July 17, 1752-November 2, 1754. Arthur Dobbs, November 2, 1754-March 28, 1765'. William Tryon, March 28, 1765-December 20, 1765. William Tryon, December 20, 1765-July 1, 1771. James Hasell, July 1, 1771-August 12, 1771. Josiah Martin, August 12, 1771-May , 1775.
Governors Elected by the Legislature
Richard Caswell, Dobbs, December 19, 1776-April 18, 1777. Richard Caswell, Dobbs, April 18, 1777-April 18, 1778.
Governors 19
Richard Caswell, Dobbs, April 18, 1778-May 4, 1779. Richard Caswell, Dobbs, May 4, 1779-April, 1780. Abner Nash, Craven, April, 1780-June 26, 1781. Thomas Burke, Orange, June 26, 1781-April 26, 1782. Alexander Martin, Guilford, April 26, 1782-April 30, 1783. Alexander Martin, Guilford, April 30, 1783-April 1, 1785. Richard Caswell, Dobbs, April 1, 1785-December 12, 1785. Richard Caswell, Dobbs, December 12, 1785-December 23, 1786. Richard Caswell, Dobbs, December 23, 1786-December 20, 1787. Samuel Johnston, Chowan, December 20, 1787-November 18, 1788. Samuel Johnston, Chowan, November 18, 1788-November 16, 1789. Samuel Johnston, Chowan, November 16, 1789-December 17, 1789. Alexander Martin, Guilford, December 17, 1789-December 9, 1790. Alexander, Martin, Guilford, December 9, 1790-January 2, 1792. Alexander Martin, Guilford, January 2, 1792-December 14, 1792. R. D. Spaight, Craven, December 14, 1792-December 26, 1793. R. D. Spaight, Craven, December 26, 1793-January 6, 1795. R. D. Spaight, Craven, January 6, 1795-November 19, 1795. Samuel Ashe, New Hanover, November 19, 1795-December 19, 1796. Samuel Ashe, New Hanover, December 19, 1796-December 5, 1797. Samuel Ashe, New Hanover, December 5, 1797-December 7, 1798. W. R. Davie, Halifax, December 7, 1798-November 23, 1799. Benjamin Williams, Moore, November 23, 1799-November 29, 1800. Benjamin Williams, Moore, November 29, 1800-November 28, 1801. Benjamin Williams, Moore, November 28, 1801-December 6, 1802. James Turner, Warren, December 6, 1802-December 1, 1803. James Turner, Warren, December 1, 1803-November 29, 1804. James Turner, Warren, November 29, 1804-December 10, 1805. Nathaniel Alexander, Mecklenburg, December 10, 1805-December 1,
1806. Nathaniel Alexander, Mecklenburg, December 1, 1806-December 1,
1807. Benjamin Williams, Moore, December 1, 1807-December 12, 1808. David Stone, Bertie, December 12, 1808-December 13, 1809. David Stone, Bertie, December 13, 1809-December 5, 1810. Benjamin Smith, Brunswick, December 5, 1810-December 9, 1811. William Hawkins, Warren, December 9, 1811-November 25, 1812. William Hawkins, Warren, November 25, 1812-November 20, 1813. William Hawkins, Warren, November 20, 1813-November 29, 1814.
20 North Carolina Manual
William Miller, Warren, November 29, 1814-December 7, 1815. William Miller, Warren, December 7, 1815-December 7, 181G. William Miller, Warren, December 7, 1816-December 3, 1817. John Branch, Halifax, December 3, 1817-Novemter 24, 1818. John Branch, Halifax, November 24, 1818-November 25, 1819. John Branch, Halifax, November 25, 1819-December 7, 1820. Jesse Franklin, Surry, December 7, 1820-December 7, 1821. Gabriel Holmes, Sampson, December 7, 1821-December 7, 1822. Gabriel Holmes, Sampson, December 7, 1822-December 6, 1823. Gabriel Holmes, Sampson, December 6, 1823-December 7, 1824. H. G. Burton, Halifax, December 7, 1824-December 6, 1825. H. G. Burton, Halifax, December 6, 1825-December 29, 1826. H. G. Burton, Halifax, December 29, 1826-December 8, 1827. James Iredell, Chowan, December 8, 1827-December 12, 1828. John Owen, Bladen, December 12, 1828-December 10, 1829. John Owen, Bladen, December 10, 1829-December 18, 1830. Montfort Stokes, Wilkes, December 18, 1830-December 13, 1831. Montfort Stokes, Wilkes, December 13, 1831-December 6, 1832. D. L. Swain, Buncombe, December 6, 1832-Decemfcer 9, 1833. D. L. Swain, Buncombe, December 9, 1833-December 10, 1834.
D. L. Swain, Buncombe, December 10, 1834-December 10, 1835. R. D. Spaight, Jr., Craven, December 10, 1835-December 31, 1836.
Governors Elected by the People
E. B. Dudley, New Hanover, December 31, 1836-Decemher 29, 1838. E. B. Dudley, New Hanover, December 29, 1838-January 1, 1841. J. M. Morehead, Guilford, January 1, 1841-December 31, 1842. J. M. Morehead, Guilford, December 31, 1842-January 1, 1845. W. A. Graham, Orange, January 1, 1845-January 1, 1847.
W. A. Graham, Orange, January 1, 1847-January 1, 1849. Charles Manly, Wake, January 1, 1849-January 1, 1851. D. S. Reid, Rockingham, January 1, 1851-December 22, 1852. D. S. Reid, Rockingham, December 22, 1852-December 6, 1854. Warren Winslow, Cumberland, December 6, 1854-January 1, 1855. Thomas Bragg, Northampton, January 1, 1855-January 1, 1857. Thomas Bragg, Northampton, January 1, 1857-January 1, 1859. John W. Ellis, Rowan, January 1, 1859-January 1, 1861. John W. Ellis, Rowan, January 1, 1861-July 7, 1861.
Governors 21
Henry T. Clark, Edgecombe, July 7, 1861-September 8, 1862. Z. B. Vance, Buncombe, September 8, 1862-December 22, 1864. Z. B. Vance, Buncombe. December 22, 1864-May 29, 1865. W. W. Holden, Wake, May 29, 1865-December 15, 1865. Jonathan Worth, Randolph, December 15, 1865-December 22, 1866. Jonathan Worth, Randolph, December 22, 1866-July 1, 1868. W. W. Holden, Wake, July 1, 1868-December 15, 1870. T. R. Caldwell, Burke, December 15, 1870-January 1, 1873. T. R. Caldwell, Burke, January 1, 1873-July 11, 1874.
C. H. Brogden, Wayne, July 11, 1874-January 1, 1877.
Z. B. Vance, Mecklenburg, January 1, 1877-February 5, 1879.
T. J. Jarvis, Pitt, February 5, 1879-January 18, 1881.
T. J. Jarvis, Pitt, January 18, 1881-January 21, 1885.
A. M. Scales, Rockingham, January 21, 1885-January 17, 1889.
D. G. Fowle, Wake, January 17, 1889-April 8, 1891. Thomas M. Holt, Alamance, April 8, 1891-January 18, 1893. Elias Carr, Edgecombe, January 18, 1893-January 12, 1897.
C. B. Aycock, Wayne, January 15, 1901-January 11, 1905
D. L. Russell, Brunswick, January 12, 1897-January 15, 1901. R. B. Glenn, Forsyth, January 11, 1905-January 12, 1909.
W. W. Kitchin, Person, January 12, 1909-January 15, 1913. Locke Craige, Buncombe, January 15, 1913-January 11, 1917. Thomas W. Bickett, Franklin, January 11, 1917-January 12, 1921. Cameron Morrison, Mecklenburg, January 12, 1921-January 14,
1925. Angus Wilton McLean, Robeson, January 14, 1925-January 11,
1929. 0. Max Gardner, Cleveland, January 11, 1929-January 5, 1933. J. C. B. Ehringhaus, Pasquotank, January 5, 1933-January 7, 1937. Clyde R. Hoey, Cleveland, January 7, 1937-January 9, 1941. J. Melville Broughton, Wake, January 9, 1941-January 4, 1945. R. Gregg Cherry, Gaston, January 4, 1945-
THE STATE FLAG An Act to Establish a State Flag
The General Assembly of North Carolina do enact:
Section 1. That the flag of North Carolina shall consist of a blue union, containing in the center thereof a white star with the letter N in gilt on the left and the letter C in gilt on the right of said star, the circle containing the same to be one-third the width of the union.
Sec. 2. That the fly of the flag shall consist of two equally pro- portioned bars; the upper bar to be red, the lower bar to be white; that the length of the bars horizontally shall be equal to the per- pendicular length of the union, and the total length of the flag shall be one-third more than its width.
Sec. 3. That above the star in the center of the union there shall be a gilt scroll in semicircular form, containing in black let- ters this inscription: "May 20th, 1775," and that below the star there shall be a similar scroll containing in black letters the in- scription: "April 12th, 1776."
In the General Assembly read three times and ratified this 9th day of March, A.D. 1885.
No change has been made in the flag since the passage of this act. By an act of 1907 it is provided:
"That the board of trustees or managers of the several State in- stitutions and public buildings shall provide a North Carolina flag, of such dimensions and material as they may deem best, and the same shall be displayed from a staff upon the top of each and every such building at all times except during inclement weather, and upon the death of any State officer or any prominent citizen the Flag shall be put at half-mast until the burial of such person shall have taken place.
"That the Board of County Commissioners of the several coun- ties in this State shall likewise authorize the procuring of a North Carolina flag, to be displayed either on a staff upon the top, or draped behind the Judge's stand, in each and every courthouse in the State, and that the State flag shall be displayed at each and every term of court held, and on such other public occasions as the Commissioners may deem proper." (Rev., s. 5321; 1885, c. 291; 1907, c. 838.)
[ 23 ]
THE MECKLENBURG DECLARATION OF
20th MAY, 1775*
Declaration
Names of the Delegates Present
Col. Thomas Polk John McKnitt Alexander
Ephraim Brevard Hezekiah Alexander
Hezekiah J. Balch Adam Alexander
John Phifer Charles Alexander
James Harris Zacheus Wilson, Sen.
William Kennon Waightstill Avery
John Ford Benjamin Patton
Richard Barry Mathew McClure
Henry Downs Neil Morrison
Ezra Alexander Robert Irwin
William Graham John Flenniken
John Quary David Reese
Abraham Alexander Richard Harris, Sen.
Abraham Alexander was appointed Chairman, and John McKnitt Alexander, Clerk. The following resolutions were offered, viz. :
1. Resolved, That whosoever directly or indirectly abetted or in any way form or manner countenanced the unchartered and dan- gerous invasion of our rights as claimed by Great Britain is an enemy to this country, to America, and to the inherent and in- alienable rights of man.
2. Resolved, That we the citizens of Mecklenburg County, do hereby dissolve the political bands which have connected us to the mother country and hereby absolve ourselves from all allegiance to the British Crown and abjure all political connection contract or association with that nation who have wantonly trampled on our rights and liberties and inhumanly shed the blood of American patriots at Lexington.
3. Resolved, That we do hereby declare ourselves a free and inde- pendent people, are, and of right ought to be a sovereign and self-
* The above is found in Vol. IX, pages 1263-65 of The Colonial Records of North Carolina.
[ 24 ]
Mecklenburg Declaration 2o
governing association under the control of no power other than that of our God and the General Government of the Congress to the maintenance of which, independence we solemnly pledge to each other our mutual cooperation, our lives, our fortunes, and out- most sacred honor.
4. Resolved, That as we now acknowledge the existence and con- trol of no law or legal officer, civil or military within this County, we do hereby ordain and adopt as a rule of life all each and every of our former laws — wherein nevertheless the Crown of Great Britain never can be considered as holding rights, priveleges, im- munities, or authority therein.
5. Resolved, That it is further decreed that all, each and every Military Officer in this Country is hereby reinstated in his former command and authority, he acting conformably to these regulations. And that every member present of this delegation shall henceforth be a civil officer, viz., a justice of the peace, in the character of a "committee man" to issue process, hear and determine all matters of controversy according to said adopted laws and to preserve peace, union and harmony in said county, and to use every exertion to spread the love of Country and fire of freedom throughout America, until a more general and organized government be es- tablished in this Province.
THE GREAT SEAL
The Constitution of North Carolina, Article III, section 16, re- quires that
"There shall be a seal of the State which shall be kept by the Governor, and used by him as occasion may require, and ^hall be called 'The Great Seal of the State of North Carolina.' All grants and commissions shall be issued in the name and by the authority of the State of North Carolina, sealed with 'The Great Seal of the State,' signed by the Governor and countersigned by the Secretary of State."
The use of a Great Seal for the attestation of important docu- ments began with the institution of government in North Carolina. There have been at various times nine different seals in use in the colony and State.
The present Great Seal of the State of North Carolina is de- scribed as follows:
''The Great Seal of the State of North Carolina is two and one- quarter inches in diameter, and its design is a representation of the figures of Liberty and Plenty, looking toward each other, but not more than half fronting each other, and otherwise disposed as follows: Liberty, the first figure, standing, her pole with cap on it in her left hand and a scroll with the word 'Constitution' inscribed thereon in her right hand. Plenty, the second figure, sitting down, her right arm half extended toward Liberty, three heads of wheat in her right hand, and in her left the small end of her horn, the mouth of which is resting at her feet, and the contents of horn rolling out. In the exergon is inserted the words May 20, 1775, above the coat of arms. Around the circumference is the legend 'The Great Seal of the State of North Carolina' and the motto 'Esse Quam Videri'." (Rev., s. 5339; Code, ss. 3328, 3329; 1868-9, c. 270, s. 35; 1883, c. 392; 1893, c. 145.)
[ 26 ]
THE HALIFAX RESOLUTION
Adopted by the Provincial Congress of North Carolina in Session At Halifax, April 12, 1776
It appears to your committee that pursuant to the plan concerted by the British Ministry for subjugating- America, the King and Parliament of Great Britain have usurped a power over the per- sons and properties of the people unlimited and uncontrolled; and disregarding their humble petitions for peace, liberty and safety, 'nave made divers legislacive acts, denouncing war, famine, and every species of calamity, against the Continent in general. The British fleets and armies have been, and still are, daily employed in destroying the people, and committing the most horrid devasta- tions on the country. The Governors in different Colonies have declared protection to slaves who should imbrue their hands in the blood of their masters. That ships belonging to America are re- el a red prizes of war, and many of them have been violently seized and confiscated. In consequence of all of which multitudes of the people have been destroyed, or from easy circumstances reduced to the most lamentable distress.
And Whereas, The moderation hitherto manifested by the United Colonies and their sincere desire to be reconciled to the mother countiy on constitutional principles, have procured no mitigation of the aforesaid wrongs and usurpations, and no hopes remain of obtaining redress by those means alone which have been hitherto tried, your committee are of opinion that the House should enter into the following resolve, to wit:
Resolvi '/, That the delegates for this Colony in the Continental Congress be empowered to concur with the delegates of the other Colonies in declaring Independency, and forming foreign alliances, reserving to this Colony the sole and exclusive right of forming a Constitution and laws for this Colony, and of appointing delegates from time to time (under the direction of a general representation thereof), to meet the delegates of the other Colonies for such pur- poses as shall be hereafter pointed out.
[ 30 ]
NAME OF STATE AND NICKNAMES
In 1629 King Charles the First of England "erected into a province," all the land from Albemarle Sound on the north to the St. John's River on the south, which he directed should be called Carolina. The word Carolina is from the word Carolus, the Latin form of Charles.
When Carolina was divided in 1710, the southern part was called South Carolina and the northern or older settlement was called North Carolina, or the "Old North State." Historians had re- corded the fact that the principal products of this State were "tar, pitch and turpentine." It was during one of the fiercest battles of the War Between the States, so the story goes, that the column supporting the North Carolina troops was driven from the field. After the battle the North Carolinians, who had successfully fought it out alone, were greeted from the passing derelict regi- ment with the question: "Any more tar down in the Old North State, boys?" Quick as a flash came the answer: "No; not a bit; old Jeff's bought it all up." "Is that so; what is he going to do with it?" was asked. "He is going to put it on you'uns heels to make you stick better in the next fight." Creecy relates that Gen- eral Lee, hearing of the incident, said: "God bless the Tar Heel boys," and from that they took the name. — Adapted from Grand- father Tales of North Carolina by R. B. Creecy and Histories of North Carolina Regiments, Vol. Ill, by Walter Clark.
The State Motto
The General Assembly of 1893 (chapter 145) adopted the words "Esse Quam Videri" as the State's motto and directed that these words with the date "20 May, 1775," should be placed with our Coat of Arms upon the Great Seal of the State.
The words "Esse Quam Videri" mean "to be rather than to seem." Nearly every State has adopted a motto, generally in Latin. The reason for their mottoes being in Latin is that the Latin tongue is far more condensed and terse than the English. The three words, "Esse Quam Videri," require at least six English words to express the same idea.
Curiosity has been aroused to learn the origin of our State
[ 31 ]
.".2 North Carolina Manual
motto. It is found in Cicero in his essay on Friendship (Cicero de Amicitia, chap. 2f>).
It is a little singular that until the act of 1893 the sovereign State of North Carolina had no motto since its declaration of in- dependence. It was one of the very few States which did not have a motto and the only one of the original thirteen without one. ( Rev., s. 5320; 18!)::, c. 145; G. S. 145-2.)
The State Colors
The general Assembly of 1945 declared Red and Blue of shades appearing in the North Carolina State Flag and the American Flag as the official State Colors. (Session Laws, 1945, c. 878; G. S. 144-6.)
The State Flower
The general Assembly of 1941 designated the dogwood as the State flower. (Public Laws, 1941, c. 289; G. S. 145-1.)
The State's Most Famous Toast
(Not Officially Designated) "Here's to the land of the long leaf pine The summer land where the sun doth shine; Where the weak grow strong And the strong grow great, Here's to 'down home' The Old North State." (Composed in 1904 by Mrs. Harry C. Martin, former resident o) Raleigh, N. C, but now living in Tennessee.)
Legal Holidays
January 1 — New Year's Day.
January 19 — Birthday of General Robert E. Lee.
February 22 — Birthday of George Washington.
Easter Monday.
April 12 — Anniversary of the Resolutions adopted by the Pro- vincial Congress of North Carolina at Halifax, April 12, 1776, in structing the delegates from North Carolina to the Continental Congress to vote for a Declaration of Independence.
May 10 — Confederate Memorial Day.
May 20 — Anniversary of the "Mecklenburg Declaration of In- dependence."
Population 33
May 30 — Memorial Day (Applies tc State and National Banks only).
July 4 — Independence Day.
September, first Monday — Labor Day.
November, Tuesday after first Monday — General Election Day.
November 11 — Armistice Day.
November, Fourth Thursday — Thanksgiving Day.
By joint Resolution No. 41 of Congress, approved by the Presi- dent December 26, 1941, the fourth Th ursday in November in each and every year after 1941, was designated as Thanksgiving Day and made a legal public holiday to all intents and purposes.
December 25 — Christmas Day.
Population
1675 ( Estimated) 4,000
1701 (Estimated) 5,000
1707 ( Estimated) 7,000
1715 (Estimated) 1 1,000
1729 ( Estimated) 35,000
1752 (Estimated ) 100,000
1765 ( Estimated) 200,000
1771 ( Estimated ) 250,000
1 786 (Estimated ) 350,000
1790 (Census) 393,751
1800 ( Census ) 478,1 0.".
1810 (Census) 555,500
1820 (Census) 638,829
1830 ( Census) 737,987
1840 ( Census ) 753,409
1850 (Census) 869,039
1860 (Census) 992,622
1870 (Census) 1,071,361
1880 ( Census) 1 ,399,750
1890 ( Census) 1,61 7,947
1900 (Census) 1,893,810
1910 (Census) .. 2,206,287
1920 ( Census) 2,559,123
1930 ( Census ) 3,170,276
1940 (Census) 3,571,623
THE OLD NORTH STATE
{Traditional air as sung in 1926)
William Gaston With spirit
Collected and abbanqbo by Mbs. E. E. Randolpe
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2. Tho' she en - vies not
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While we live we willcher • ish, pro tect and de- fend her, i ho' the
Say whose name stands the fore - most, in lib - er - ty's sto • ry, Tho' too
As hap • py a re - gion as on this side of heav-en, Where
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scorn - er may sneer at and wit - lin~s de - fame her, Still our hearts swell with true to her - self e'er to crouch to op -pres-sion,Who can yield to just plen - ty and peace, love and joy smile be - fore us, Raise a.loud, rais; to-
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rule • more loy • al sub-mis-sion. Hur • rah!
geth - er the heart thrill - ing chorus.
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i — X
CONSTITUTION OF THE STATE OF NORTH
CAROLINA
PREAMBLE
We, the people of the State of North Carolina, grateful to Al- mighty God, the Sovereign Ruler of Nations, for the preservation
of the American Union and the existence of our civil, political, and religious liberties, and acknowledging our dependence upon Him for the continuance of those blessings to us and our posterity, do, for the more certain security thereof and for the better govern- ment of this State, ordain and establish this Constitution:
ARTICLE I
DECLARATION OF RIGHTS
That the great, general, and essential principles of liberty and free government may be recognized and established, and that the relations of this State to the Union and Government of the United States, and those of the people of this State to the rest of the American people, may be defined and affirmed, we do declare:
Section 1. The equality and rights of persons. That we hold it to be self-evident that all persons are created equal; that they are en- dowed by their Creator with certain inalienable rights; that among these are life, liberty, the enjoyment of the fruits of their own labor, and the pursuit of happiness.
Sec. 2. Political power and government. That all political power is vested in, and derived from, the people; all government of right originates from the people, is founded upon their will only, and is instituted solely for the good of the whole.
Sec. 3. Internal government of the State. That the people of this State have the inherent, sole and exclusive right of regulating the internal government and policies thereof, and of altering and abolishing their Constitution and form of government whenever it may be necessary for their safety and happiness; but every such right should be exercised in pursuance of the law, and consistently with the Constitution of the United States.
[35]
36 North Carolina Manual
Sec. 4. That there is no right to secede. That this State shall ever remain a member of the American Union; that the people thereof are a part of the American Nation; that there is no right on the part of the State to secede, and that all attempts, from whatever source or upon whatever pretext, to dissolve said Union or to sever said Nation, ought to be resisted with the whole power of the State.
Sec. 5. Of allegiance to the United States Government. That every citizen of this State owes paramount allegiance to the Con- stitution and Government of the United States, and that no law or ordinance of the State in contravention or subversion thereof can have any binding force.
Sec. 6. Public debt; bonds issued under ordinance of Convention of 1868, '68-'69, '69-'70, declared invalid; exception. The State shall never assume or pay, or authorize the collection of any debt or obligation, express or implied, incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; nor shall the General Assembly assume or pay, or authorize the collection of any tax to pay, either directly or indirectly, expressed or implied, any debt or bond incurred, or issued, by authority of the Convention of the year one thousand eight hundred and sixty-eight, nor any debt or bond incurred or issued by the Legislature of the year one thousand eight hundred and sixty-eight, either at its special session of the year one thou- sand eight hundred and sixty-eight, or at its regular sessions of the years one thousand eight hundred and sixty-eight and one thousand eight hundred and sixty-nine, and one thousand eight hundred and sixty-nine and one thousand eight hundred and seventy, except the bonds issued to fund the interest on the old debt of the State, unless the proposing to pay the same shall have first been sub- mitted to the people, and by them ratified by the vote of a majority of all the qualified voters of the State at a regular election held for that purpose.
Sec. 7. Exclusive emoluments, etc. No person or set of persons are entitled to exclusive or separate emoluments or privileges from the community but in consideration of public services.
Sec. 8. The legislative, executive, and judicial powers distinct. The legislative, executive, and supreme judicial powers of the gov- ernment ought to be forever separate and distinct from each other.
Constitution 37
Sec. 9. Of the power of suspending laws. All power of sus- pending laws, or the execution of laws, by an authority, without the consent of the representatives of the people, is injurious to their rights, and ought not to be exercised.
Sec. 10. Election free. All elections ought to be free.
Sec. 11. In criminal prosecutions. In all criminal prosecutions, every person charged with crime has the right to be informed of the accusation and to confront the accusers and witnesses with other testimony, and to have counsel for defense, and not be com- pelled to give self-incriminating evidence, or to pay costs, jail fees, or necessary witness fees of the defense, unless found guilty.
Sec. 12. Answers to criminal charges. No person shall be put to answer any criminal charge except as hereinafter allowed, but by indictment, presentment or impeachement.
Sec. 13. Right of jury. No person shall be convicted of any crime but by the unanimous verdict of a jury of good and lawful persons in open cour. The Legislature may, however, provide other means of trial for petty misdemeanors, with the right of appeal.
Sec. 14. Excessive bail. Excessive bail should not be required, nor excessive fines imposed, nor cruel or unusual punishments in- flicted.
Sec. 15. General warrants. General warrants, whereby any officer or messenger may be commanded to search suspected places, without evidence of the act committed, or to seize any person or persons not named, whose offense is not particularly described and supported by evidence, are dangerous to liberty, and ought not to be granted.
Sec. 16. Imprisonment for debt. There shall be no imprison- ment for debt in this State, except in cases of fraud.
Sec. 17. No person token, etc., but by law of the land. No per- son ought to be taken, imprisoned, or disseized of his freehold, lib- erties or privileges, or outlawed or exiled, or in any manner de- prived of his life, liberty or property but by the law of the land.
Sec. 18. Persons restrained of liberty. Every person restrained of his liberty is entitled to a remedy to inquire into the lawfulness thereof, and to remove the same, if unlawful; and such remedy ought not to be denied or delayed.
Sec. 19. Controversies at law respecting property. In all con- troversies at law respecting propei'ty, the ancient mode of trial by
38 North Carolina Manual
jury is one of the best securities of the rights of the people, and ought to remain sacred and inviolable. No person shall be excluded from jury service on account of sex.
Sec. 20. Freedom of the press. The freedom of the press is one of the great bulwarks of liberty, and therefore ought never to be restrained, but every individual shall be held responsible for the abuse of the same.
Sec. 21. Habeas corpus. The privileges of the writ of habeas corpus shall not be suspended.
Sec. 22. Property qualification. As political rights and privi- leges are not dependent upon, or modified by, property, therefore no property qualification ought to affect the right to vote or hold office. Sec. 23. Representation and taxation. The people of the State ought not to be taxed, or made subject to the payment of any im- post or duty without the consent of themselves, or their represen- tatives in General Assembly, freely given.
Sec. 24. Militia and the right to bear arms. A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed; and, as standing armies in time of peace are dangerous to liberty, they ought not to be kept up, and the military should be kept under strict subordination to, and governed by, the civil power. Nothing herein contained shall justify the practice of carrying concealed weapons, or prevent the Legislature from enacting penal statutes against said practice.
Sec. 25. Right of the people to assemble together. 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. But secret political societies are dan- gerous to the liberties of a free people, and should not be tolerated. Sec. 26. Religious liberty. All persons have a natural and inalien- able right to worship Almighty God according to the dictates of their own consciences, and no human authority should, in any case whatever, control or interfere with the rights of conscience.
Sec. 27. Education. The people have the right to the privilege of education, and it is the ruty of the State to guard and maintain that right.
Sec. 28. Elections should be frequent. For redress of griev-
Constitution 39
ances, and for amending1 and strengthening the laws, elections should be often held.
Sec. 29. Recurrence to fundamental principles. A frequent re- currence to fundamental principles is absolutely necessary to pre- serve the blessings of liberty.
Sec. 30. Hereditary emoluments, etc. No hereditary emoluments, privileges, or honors ought to be granted or conferred in this State.
Sec. 31. Perpetuities, etc. Perpetuities and monopolies are con- trary to the genius of a free State, and ought not to be allowed.
Sec. 32. Ex post facto laws. 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. No law taxing retrospectively sales, purchases, or other acts previously done, ought to be passed.
Sec. 33. Slavery prohibited. Slavery and involuntary servitude, otherwise than for crime, whereof the parties shall have been duly convicted, shall be, and are hereby, forever prohibited within the State.
Sec. 34. State boundaries. The limits and boundaries of the State shall be and remain as they now are.
Sec. 35. Courts shall be open. All courts shall be open ; and every person for an injury done him in his lands, goods, person, or rep- utation, shall have remedy by clue course of law, and right and justice administered without sale, denial, or delay.
Sec. 36. Soldiers in time of peace. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war but in a manner prescribed by law.
Sec. 37. Other rights of the people. This enumeration of rights shall not be construed to impair or deny others retained by the people; and all powers not herein delegated remain with the people.
ARTICLE II
LEGISLATIVE DEPARTMENT
Section 1. Two branches. The legislative authority shall be vested in two distinct branches, both dependent on the people, to- wit: a Senate and House of Representatives.
Sec. 2. Time of assembling. The Senate and House of Represen-
40 North Carolina Manual
tatives shall meet biennially on the first Wednesday after the first Monday in January next after their election; and, when assembled, shall be denominated the General Assembly. Neither house shall proceed upon public business unless a majority of all the members are actually present.
Sec. 3. Number of senators. The Senate shall be composed of fifty Senators, biennially chosen by ballot.
Sec. 4. Regulations in relation to districting the State for Sen- ators. The Senate Districts shall be so altered by the General As- sembly, at the first session after the return of every enumeration by order of Congress, that each Senate District shall contain, as near as may be, an equal number of inhabitants, excluding- aliens and Indians not taxed, and shall remain unaltered until the return of another enumeration, and shall at all times consist of contigu- ous territory; and no county shall be divided in the formation of a Senate District, unless such county shall be equitably entitled to two or more Senators.
Sec. 5. Regulations in relation to apportionment of representa- tives. The House of Representatives shall be composed of one hun- dred and twenty Representatives, biennially chosen by ballot, to be elected by the counties respectively, according to their popula- tion, and each county shall have at least one Representative in the House of Representatives, although it may not contain the requi- site ratio of representation; this apportionment shall be made by the General Assembly at the respective times and periods when the districts of the Senate are hereinbefore directed to be laid off.
Sec. 6. Ratio of representatives. In making the apportionment in the Houes of Representatives, the ratio of representation shall be ascertained by dividing the amount of the population of the State, exclusive of that comprehended within those counties which do not severally contain the one hundred and twentieth part of the population of the State, by the number of Representatives, less the number assigned to such counties; and in ascertaining the number of the population of the State, aliens and Indians not taxed shall not be included. To each county containing the said ratio and not twice the said ratio there shall be assigned one Representative; to each county containing two but not three times the said ratio there shall be assigned two Representatives, and so on progressively, and
Constitution 41
then the remaining Representatives shall be assigned severally to the counties having the largest fractions.
Sec. 7. Qualifications for senators. Each member of the Senate shall not be less than twenty-five years of age, shall have resided in the State as a citizen two years, and shall have usually resided in the district for which he was chosen one year immediately pre- ceding his election.
Sec. 8. Qualifications for representatives. Each member of the House of Representatives shall be a qualified elector of the State, and shall have resided in the county for which he is chosen for one year immediately preceding his election.
Sec. 9. Election of officers. In the election of all officers whose
appointment shall be conferred upon the General Assembly by the
Constitution, the vote shall be viva voce.
Sec. 10. Powers in relation to divorce and alimony. The Gen- eral Assembly shall have power to pass general laws regulating
divorce and alimony, but shall not have power to grant a divorce
or secure alimony in any individual case.
Sec. 11. Private laws in relation to names of persons, etc. The General Assembly shall not have power to pass any private law to alter the name of any person, or to legitimate any person not born in lawful wedlock, or to restore to the rivhts of citizenship any person convicted of an infamous crime, but shall have power to pass general laws regulating the same.
Sec. 12. Thirty days notice shall be given anterior to passage of private laws. The General Assembly shall not pass any private law, unless it shall be made to appear that thirty days notice of application to pass such a law shall have been given, under such direction and in such manner as shall be provided by law.
Sec. 13. Vacancies. If vacancies shall occur in the General As- sembly by death, resignation, or otherwise, writs of election shall be issued by the Governor under such regulations as may be pre- scribed by law.
Sec. 14. Revenue. No law shall be passed to raise money on the credit of the State, or to pledge the faith of the State, directly or indirectly, for the payment of any debt, or to impose any tax upon the people of the State, or allow the counties, cities or towns to do so, unless the bill for the purpose shall have been read three sev- eral times in each House of the General Assembly and passed three
42 North Carolina Manual
several readings, which readings shall have been on three different days, and agreed to by each House respectively, and unless the yeas and nays on the second and third readings of the bill shall have been entered on the journal.
Sec. 15. Entails. The General Assembly shall regulate entails in such a manner as to prevent perpetuities.
Sec. 16. Journals. Each House shall keep a journal of its pro- ceedings, which shall be printed and made public immediately after the adjournment of the General Assembly.
Sec. 17. Protest. Any member of either House may dissent from, and protest against, any act or resolve which he may think injurious to the putlic, or any individual, and have the reasons of his dissent entered on the journal.
Sec. 18. Officers of the House. The House of Representatives shall choose their own Speaker and other officers.
Sec. 19. President of the Senate. The Lieutenant-Governor shall preside in the Senate, but shall have no vote unless it may be equally divided.
Sec. 20. Other senatorial officers. The Senate shall choose its other officers and also a speaker (pro tempore) in the absence of the Lieutenant-Governor, or when he shall exercise the office of the Governor.
Sec. 21. Style of the acts. The style of the acts shall be: "The General Assembly of North Carolina do enact."
Sec. 22. Powers of the General Assembly. Each House shall be judge of the qualifications and election of its own members, shall sit upon its own adjournment from day to day, prepare bills to be passed into laws; and the two Houses may also jointly adjourn to any future day, or other place.
Sec. 23. Bills and resolutions to be read three times, etc. All bills and resolutions of a legislative nature shall be read three times in each House before they pass into laws, and shall be signed by the presiding officers of both Houses.
Sec. 24. Oath of members. Each member of the General As- sembly, before taking his seat, shall take an oath or affirmation that he will support the Constitution and laws of the United States, and the Constitution of the State of North Carolina, and will faithfully discharge his duty as a member of the Senate or House of Representatives.
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Sec. 25. Terms of office. The terms of office for Senators and members of the House of Representatives shall commence at the time of their election.
Sec. 26. Yeas and nays. Upon motion made and seconded in either House by one-fifth of the members present, the yeas and nays upon any question shall be taken and entered upon the journals.
Sec. 27. Election for members of the General Assembly. The election for members of the General Assembly shall be held for the respective districts and counties, at the places where they are now held, or may be directed hereafter to be held, in such manner as may be prescribed by law, on the first Thursday in August, in the year one thousand eight hundred and seventy, and every two years thereafter. But the General Assembly may change the time of holding the elections. (Changed to Tuesday after first Monday in November, c. 275—1876.)
Sec. 28. Pay of members and officers of the General Assembly. The members of the General Assembly for the term of their office shall receive a salary for their services of six hundred dollars each. The salaries of the presiding officers of the two houses shall be seven hundier dollars each: Provided, that in addition to the sal- aries herein provided for, should an extra session of the General Assembly be called, the members shall receive eight dollars per day each, and the presiding officers of the two houses ten dollars per day each, for every day of such extra session not exceeding twenty days; and should an extra session continue more than twenty days, the members and officers shall serve thereafter with- out pay.
Sec. 29. Limitations upon power of General Assembly to enact private or special legislation. The General Assembly shall not pass any local, private, or special act or resolution relating to the estab- lishment of courts inferior to the Superior Court; relating to the appointment of justices of the peace; relating to health, sanitation, and the abatement of nuisances; changing the names of cities, towns, and townships; authorizing the laying out, opening, alter- ing, maintaining, or discontinuing of highways, streets, or alleys; relating to ferries or bridges; relating to non-navigable streams; relating to cemeteries; relating to the pay of jurors; erecting new townships, or changing township lines, or establishing or changing
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the lines of school districts remitting fines, penalties, and forfeit- ures, or refunding moneys legally paid into the public treasury; regulating labor, trade, mining, or manufacturing; extending the time for the assessment or collection of taxes or otherwise relieving any collector of taxes from the due performance of his official du- ties or his sureties from liability; giving effect to informal wills and deeds; nor shall the General Assembly enact any such local, private, or special act by the partial repeal of a general law, but the General Assembly may at any time repeal local, private, or special laws enacted by it. Any local, private, or special act or res- olution passed in violation of the provisions of this section shall be void. The General Assembly shall have power to pass general laws regulating matters set out in this section.
Sec. 80. The General Assembly shall not use nor authorize to be used any part of the amount of any sinking fund for any purpose other than the retirement of the bonds for which said sinking fund has been created.
ARTICLE III
EXECUTIVE DEPARTMENT
Sec. 1. Officers of the Executive Depart mod ; Terms of Office. The Executive Department shall consist of a Governor, in whom shall be vested the supreme executive power of the State; a Lieu- tenant Governor, a Secretary of State, an Auditor, a Treasurer, a Superintendent of Public Instruction, an Attorney General, a Com- missioner of Agriculture, a Commissioner of Labor and a Commis- sioner of Insurance, who shall be elected for a term of four years by the qualified electors of the State, at the same time and places and in the same manner as members of the General Assembly are elected. Their term of office shall commence on the first clay of January next after their election, and continue until their succes- sors are elected and qualified: Provided, that the officers first elected shall assume the duties of their office ten days after the approval of this Constitution by the Congress of the United States, and shall hold their offices four years from and after the first day of January.
Sec. 2. Qualifications of Governor and Lieutenant-Governor. No person shall be eligible as Governor or Lieutenant-Governor unless he shall have attained the age of thirty years, shall have been a
Constitution 45
citizen of the United States five years, and shall have been a resi- dent of this State for two years next before the election ; nor shall the person elected to either of these two offices be eligible to the same office more than four years in any term of eight years, unless the office shall have been cast upon him as Lieutenant-Gov- ernor or President of the Senate.
Sec. 3. Returns of election. The return of every election for of- ficers of the Executive Department shall be sealed up and transmit- ted to the seat of government by the returning officer, directed to the Secretary of State. The return shall be canvassed and the re- sult declared in such manner as may be prescribed by law. Con- tested elections shall be determined by a joint ballot of both Houses of the General Assembly in such manner as shall be pre- scribed by law.
Sec. 4. Oath of office for Governor. The Governor, before enter- ing upon the duties of his office, shall, in the presence of the mem- bers of both branches of the General Assembly, or before any Justice of the Supreme Court, take an oath or affirmation that he will support the Constitution and laws of the United States, and of the State of North Carolina, and that he will faithfully perform the duties appertaining to the office of Governor, to which he has been elected.
Sec. 5. Duties of Governor. The Governor shall reside at the seat of government of this State, and he shall, from time to time, give the General Assembly information of the affairs of the State, and recommend to their consideration such measures as he shall deem expedient.
Sec. 6. Reprieves, commutations, and pardons. The Governor shall have power to grant reprieves, commutations, and pardons, after conviction, for all offenses (except in case of impeachment), upon such conditions as he may think proper, subject to such regu- lations as may be provided by law relative to the manner of apply- ing for pardons. He shali biennially communicate to the General Assembly each case of reprieve, commutation, or pardon granted, stating the name of each convict, the crime for which he was con- victed, the sentence and its date, the date of commutation, pardon, or reprieve, and the reasons therefor.
Sec. 7. Annual reports from officers of Executive Department and of public institutions. The officers of the Executive Depart-
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ment and of the public institutions of the State shall, at least five days previous to each regular session of the General Assembly, severally report to the Governor, who shall transmit such reports, with his message, to the General Assembly; and the Governor may, &t any time, require information in writing from the officers in the Executive Department upon any subject relating to the duties of their respective offices, and shall take care that the laws be faithfully executed.
Sec. 8. Commander-in-Chief. The Governor shall be Commander- in-Chief of the militia of the State, except when they shall be called into the service of the United States.
Sec. 9. Extra sessions of General Assembly. The Governor shall have power, on extraordinary occasions, by and with the advice of the Council of State, to convene the General Assembly in extra session by his proclamation, stating therein the purpose or pur- poses for which they are thus convened.
Sec. 10. Officers whose appointments are not otherwise provided for. The Governor shall nominate and, by and with the advice and consent of a majority of the Senators-elect, appoint all officers whose offices are established by this Constitution and whose ap- pointments are not otherwise provided for.
Sec. 11. Ditties of the Lieutenant Governor. The Lieutenant Governor shall be President of the Senate, but shall have no vote unless the Senate be equally divided. He shall receive such com- pensation as shall be fixed by the General Assembly.
Sec. 12. In case of impeachment of Governor, or vacancy caused by death or resignation. In case of the impeachment of the Gover- nor, his failure to qualify, his absence from the State, his inability to discharge the duties of his office, or, in case the office of Gover- nor shall in any wise become vacant, the powers, duties and emolu- ments of the office shall devolve upon the Lieutenant-Governor until the disability shall cease or a new Governor shall be elected and qualified. In every case in which the Lieutenant-Governor shall be unable to preside over the Senate, the Senators shall elect one of their own number President of their body; and the powers, duties, and emoluments of the office of Governor shall devolve upon him whenever the Lieutenant-Governor shall, for any reason, be prevented from discharging the duties of such office as above pro- vided, and he shall continue as acting Governor until the disabili- ties are removed, or a new Governor or Lieutenant-Governor shall
Constitution 47
be elected and qualified. Whenever, during the recess of the Gen- eral Assembly, it shall become necessary for the President of the Senate to administer the government, the Secretary of State shall convene the Senate, that they may elect such President.
Sec. 13. Duties of other executive officers. The respective duties of the Secretary of State, Auditor, Treasurer, Superintendent of Public Instruction, Attorney General, Commissioner of Agricul- ture, Commissioner of Labor, and Commissioner of Insurance shall be prescribed by law. If the office of any of said officers shall be vacated by death, resignation, or otherwise, it shall be the duty of the Governor to appoint another until the disability be removed or his successor be elected and qualified. Every such vacancy shall be filled by election at the first general election that occurs more than thirty days after the vacancy has taken place, and the person chosen shall hold the office for the remainder of the unexpired term, fixed in the first section of this article.
Sec. 14. Council of State. The Secretary of State, Auditor, Treas- urer, Superintendent of Public Instruction, Commissioner of Agri- culture, Commissioner of Labor, and Commissioner of Insurance shall constitute, ex-officio, the Council of State, who shall advise the Governor in the execution of his office, and three of whom shall
constitute a quorum; their advice and proceedings in this capacity shall be entered in a journal, to be kept for this purpose, exclu- sively, and signed by the members present, from any part of which any member may enter his dissent; and such journal shall be placed before the General Assembly when called for by either house. The Attorney General shall be, ex-officio, the legal adviser of the executive department.
Sec. 15. Compensation of executive officers. The officers men- tioner in this article shall, at stated periods, receive for their serv- ices a compensation to be established by law, which shall neither be increased nor diminished during the time for which they shall have been elected, and the said officers shall receive no other emolument or allowance whatever.
Sec. 16. Seal of State. There shall be a seal of the State, whch 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 North Carolina". All grants and commissions shall be issued in the name and by the authority of the State of North Carolina, sealed with
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"The Great Seal of the State", and signed by the Governor, and countersigned by the Secretary of State.
Sec. 17. Department of Agriculture, Immigration, and Statis- tics. The General Assembly shall establish a Department of Agri- culture, Immigration, and Statistics, under such regulations as may best promote the agricultural interests of the State, and shall enact laws for the adequate protection and encouragement of sheep husbandry.
Sec. 18. Department of Justice. The General Assembly is author- ized and empowered to create a Department of Justice under the supervision and direction of the Attorney-General, and to enact suitable laws defining the authority of the Attorney-General and other officers and agencies concerning the prosecution of crime and the administration of the criminal laws of the State.
ARTICLE IV
JUDICIAL DEPARTMENT
Section 1. Abolishes the distinction between actions at law and suits in equity, and feigned issues. The distinction between actions at law and suits in equity, and the forms of all such actions and suits, shall be abolished; and there shall be in this State but one form of action for the enforcement or protection of private rights or the redress of private wrongs, which shall be denominated a civil action; and every action prosecuted by the people of the State as a party, against a person charged with a public offense, for the punishment of the same, shall be termed a criminal action. Feigned issues shall also be abolished, and the facts at issue tried by order of court before a jury.
Sec. 2. Division of judicial poivers. The judicial power of the State shall be vested in a Court for the Trial of Impeachments, a Supreme Court, Superior Courts, Courts of Justices of the Peace, and such other courts inferior to the Supreme Court as may be es- tablished by law.
Sec. 3. Trial court of impeachement. The Court for the Trial of Impeachements shall be the Senate. A majority of the members shall be necessary to a quorum, and the judgment shall not extend beyond removal from and disqualification to hold office in this State; but the party shall be liable to indictment and punishment according to law.
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Sec. 4. Impeachment. The House of Representatives solely shall have the power of impeaching-. No person shall be convicted with- out the concurrence of two-thirds of the Senators present. When the Governor is impeached, the Chief Justice shall preside.
Sec. 5. Treason against the State. Treason against the State shall consist only in levying war against it, or adhering to its ene- mies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. No conviction of treason or at- tainder shall work corruption of blood or forfeiture.
Sec. 6. Supreme Court. The Supreme Court shall consist of a Chief Justice and four Associate Justices. The General Assembly may increase the number of Associate Justices to not more than six, when the work of the Court so requires. The Court shall have power to sit in divisions, when in its judgment this is necessary for the proper dispatch of business, and to make rules for the dis- tribution of business between the divisions and for the hearing of cases by the full Court. No decision of any division shall become the judgment of the Court unless concurred in by a majority of all the justices; and no case involving a construction of the Con- stitution of the State or of the United States shall be decided ex- cept by the Court in banc. All sessions of the Court shall be held in the city of Raleigh. This amendment made to the Constitution of North Carolina shall not have the effect to vacate any office or term of office now existing under the Constitution of the State, and filled or held by virtue of any election or appointment under the said Constitution, and the laws of the State made in pursuance thereof. (By c. 16, 1937, amending s. 1403 of the Consolidated Statutes, the number of Associate Justices was increased to six.)
Sec. 7. Terms of the Supreme Court. The terms of the Supreme Court shall be held in the city of Raleigh, as now, until otherwise provided by the General Assembly.
Sec. 8. Jurisdiction of Supreme Court. The Supreme Court shall have jurisdiction to review, upon appeal, any decision of the courts below, upon any matter of law or legal inference. And the jurisdic- tion of said court over "issues of fact" and "questions of fact" shall be the same exercised by it before the adoption of the Constitution of one thousand eight hundred and sixty-eight, and the court shall have the power to issue any remedial writs necessary to give it a
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general supervision and control over the proceedings of the inferior courts.
Sec. 9. Claims against the State. The Supreme Court shall have original jurisdiction to hear claims against the State, but its deci- sions shall be merely recommendatory; no process in the nature of execution shall issue thereon; they shall be reported to the next session of the General Assembly for its action.
Sec. 10. Judicial districts for Superior Courts. The State shall be divided into nine judicial districts, for each of which a judge shall be chosen; and there shall be held a Superior Court in each county at least twice in each year, to continue for such time in each county as may be prescribed by law. But the General Assem- bly may reduce or increase the number of districts. (Changed by acts of General Assembly to twenty-one districts.)
Sec. 11. Residences of judges, rotation in judicial districts, and special terms. Every judge of the Superior Court shall reside in the district for which he is elected. The judges shall preside in the courts of the different districts successively, but no judge shall hold the courts in the same district oftener than once in four years; but in case of the protracted illness of the judge assigned to preside in any district, or of any other unavoidable accident to him, by reason of which he shall he unable to preside, the Governor may require any judge to hold one or more specified terms in said district, in lieu of the judge assigned to hold the courts of the said district; and the General Assembly may by general laws provide for the selection of special or emergency judges to hold the Superior Courts of any county, or district, when the judge assigned thereto, by reason of sickness, disability, or other cause, is unable to attend and hold said court, and when no other judge is available to hold the same. Such special or emergency judges shall have the power and authority of regular judges of the Superior Courts, in the courts which they are so appointed to hold; and the General As- sembly shall provide for their reasonable compensation.
Sec. 12. Jurisdiction of courts inferior to Supreme Court. The General Assembly shall have no power to deprive the Judicial De- partment of any power or jurisdiction which rightfully pertains to it as a coordinate department of the government; but the General Assembly shall allot and distribute that portion of this power and jurisdiction which does not pertain to the Supreme Court among
Constitution 51
the other courts prescribed in this Constitution or which may be established by law, in such manner as it may deem best; provide also a proper system of appeals; and regulate by law, when nec- essary, the methods of proceeding in the exercise of their powers of all the courts below the Supreme Court, so far as the same may be done without conflict with other provisions of this Constitution. Sec. 13. In case of waiver of trial by jury. In all issues of fact, joined in any court, the parties may waive the right to have the same determined by a jury; in which case the finding of the judge upon the facts shall have the force and effect of a verdict by a jury.
Sec. 14. Special courts in cities. The General Assembly shall pro- vide for the establishment of special courts, for the trial of misde- meanors, in cities and towns, where the same may be necessary.
Sec. 15. Clerk of the Supreme Court. The clerk of the Supreme Court shall be appointed by the Court, and shall hold his office for eight years.
Sec. 16. Election of Superior Court clerk. A clerk of the Superior Court for each county shall be elected by the qualified voters thereof, at the time and in the manner prescribed by law for the election of members of the General Assembly.
Sec. 17. Term of office. Clerks of the Superior Courts shall hold their offices for four years.
Sec. 18. Fees, salaries, and emoluments. The General Assembly shall prescribe and regulate the fees, salaries, and emoluments of all officers provided for in this article; but the salaries of the judges shall not be diminished during their continuance in office.
Sec. 19. What laws are, and shall be, in force. The laws of North Carolina, not repugnant to this Constitution or the Constitution and laws of the United States, shall be in force until lawfully altered.
Sec. 20. Disposition of actions at law and suits in equity, pending when this Constitution shall go into effect, etc. Actions at law and suits in equity pending when this Constitution shall go into effect shall be transferred to the courts having jurisdiction thereof, with- out prejudice by reason of the change; and all such actions and suits commenced before, and pending the adoption by the General Assembly of the rules of practice and procedure herein provided
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for, shall be heard and determined according to the practice now in use, unless otherwise provided for by said rules.
Sec. 21. Elections, terms of office, etc., of Justices of the Supreme dud Judges of the Superior Courts. The Justices of the Supreme Court shall be elected by the qualified voters of the State, as is pro- vided for the election of members of the General Assembly. They shall hold their offices for eight years. The judges of the Superior Courts, elected at the first election under this amendment, shall be elected in like manner as is provided for Justices of the Supreme Court, and shall hold their offices for eight years. The General Assembly may, from time to time, provide by law that the judges of the Superior Courts, chosen at succeeding elections, instead of being elected by the voters of the whole State, as is herein pro- vided for, shall be elected by the voters of their respective districts.
Sec. 22. Transactions of business in the Superior Court. The Su- perior Courts shall be, at all times, open for the transaction of all business within their jurisdiction, except the trial of issues of fact requiring a jury.
Sec. 23. Solicitors and Solicitorial Districts. The State shall be divided into twenty-one solicitorial districts, for each of which a solicitor shall be chosen by the qualified voters thereor, as is pre- scribed for members of the General Assembly, wdio shall hold of- fice for the term of four years, and prosecute on behalf of the State in all criminal actions in the Superior Courts, and advise the officers of justice in his district. But the General Assembly may reduce or increase the number of the solicitorial districts, which need not correspond to, or be the same as, the judicial districts of the State.
Sec. 24. Sheriff's and Coroners. In each county a sheriff and a coroner shall be elected by the qualified voters thereof as is pre- scribed for the members of the General Assembly, and shall hold their offices for a period of four years. In each township there shall be a constable elected in like manner by the voters thereof, who shall hold his office for a period of two years. When there is no coroner in a county the Clerk of the Superior Court for the county may appoint one for special cases. In cases of a vacancy exxisting for any cause in any of the offices created by this section, the commissioners of the county may appoint to such office for the unexpired term.
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Sec. 25. Vacancies. All vacancies occurring in the offices pro- vided for by this article of the Constitution shall be filled by the appointments of the Governor, unless otherwise provided for, and the appointees shall hold their places until the next regular elec- tion for members of the General Assembly, when elections shall be held to fill such offices. If any person, elected or appointed to any of said offices, shall neglect and fail to qualify, such offices shall be appointed to, held and filled as provided in case of vacancies oc- curring therein. All incumbents of said offices shall hold until their successors are qualified.
Sec. 26. Terms of office of first officers. The officers elected at the first election held under this Constitution shall hold their offices for the terms prescribed for them, respectively, next ensuing after the next regular election of members of the General Assembly. But their terms shall begin upon the approval of this Constitution by the Congress of the United States.
Sec. 27. Jurisdiction of justices of the peace. The several jus- tices of the peace shall have jurisdiction, under such regulations as the General Assembly shall prescribe, of civil actions, founded on contract, wherein the sum demanded shall not exceed two hundred dollars, and wherein the title to real estate shall not be in contro- versy; and of all criminal matters arising within their counties where the punishment cannot exceed a fine of fifty dollars or im- prisonment for thirty days. And the General Assembly may give to the justices of the peace jurisdiction of other civil actions wherein the value of the property in controversy does not exceed fifty dol- lars. When an issue of fact shall be joined before a justice, on de- mand of either party thereto, he shall cause a jury of six men to be summoned, who shall try the same. The party against whom the judgment shall be rendered in any civil action may appeal to the Superior Court from the same. In all cases of a criminal nature the party against whom the judgment is given may appeal to the Superior Court, where the matter shad be heard anew. In all cases brought before a justice, he shall make a record of the proceedings, and file same with the clerk of the Superior Court for his county.
Sec. 28. Vacancies in office of justices. When the office of justice of the peace shall become vacant otherwise than by expiration of the term, and in case of a failure by the voters of any district to
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elect, the clerk of the Superior Court for the county shall appoint to fill the vacancy for the unexpired term.
Sec. 29. Vacancies in office of Superior- Court clerk. In case the office of clerk of a Superior Court for a county shall become vacant otherwise than by the expiration of the term, and in case of a failure by the people to elect, the judge of the Superior Court for the county shall appoint to fill the vacancy until an election can be regularly held.
Sec. 30. Officers of other courts inferior to Supreme Court. In case the General Assembly shall establish other courts inferior to the Supreme Court, the presiding officers and clerks thereof shall be elected in such manner as the General Assembly may from time to time prescribe, and they shall hold their offices for a term not exceeding eight years.
Sec. 31. Removal of judges of the various courts for inability. Any judge of the Supreme Court, or of the Superior Courts, and the presiding officers of such courts inferior to the Supreme Court as may be established by law, may be removed from office for men- tal or physical inability, upon a concurrent resolution of two-thirds of both Houses of the General Assembly. The judge or presiding officer against whom the General Assembly may be about to pro- ceed shall receive notice thereof, accompanied by a copy of the causes alleged for his removal, at least twenty days before the day on which either House of the General Assembly shall act thereon.
Sec. 32. Removal of clerks of the various courts for inability. Any clerk of the Supreme Court, or of the Superior Courts, or of such courts inferior to the Supreme Court as may be established by law, may be removed from office for mental or physical inability; the clerk of the Supreme Court by the judges of said court, the clerks of the Superior Courts by the Judge riding the district, and the clerks of such courts inferior to the Supreme Court as may be established by law by the presiding officers of said courts. The clerk against whom proceedings are instituted shall receive notice thereof, accompanied by a copy of the causes alleged for his re- moval, at least ten days before the day appointed to act thereon, and the clerk shall be entitled to an appeal to the next term of the Superior Court, and thence to the Supreme Court, as provided in other cases of appeals.
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Sec. 33. Amendments not to vacate existing offices. The amend- ments made to the Constitution of North Carolina by this Conven- tion shall not have the effect to vacate any office or term of office now existing under the Constitution of the State, and filled, or held by virtue of any election or appointment under the said Con- stitution and the laws of the State made in pursuance thereof.
ARTICLE V
REVENUE AND TAXATION
Section 1. Capitation tax; exemptions. The General Assembly may levy a capitation tax on every male inhabitant of the State over twenty-one and under fifty years of age, which said tax shall not exceed two dollars, and cities and towns may levy a capitation tax which shall not exceed one dollar. No other capitation tax shall be levied. The commissioners of the several counties and of the cities and towns may exempt from the capitation tax any special cases on account of poverty or infirmity.
Sec. 2. Application of proceeds of State and county capitation tax. The proceeds of the State and county capitation tax shall be applied to the purposes of education and the support of the poor, but in no one year shall more than twenty-five per cent thereof be appropriated to the latter purpose.
Sec. 3. State taxation. The power of taxation shall be exercised in a just and equitable manner, and shall never be surrendered, suspended, or contracted away. Taxes on property shall be uni- form as to each class of property taxed. Taxes shall be levied only for public purposes, and every act levying a tax shall state the object to which it is to be applied. The General Assembly may also tax trades, professions, franchises, and incomes: Provided, the rate of tax on income shall not in any case exceed ten per cent (10%), and there shall be allowed the following exemptions, to be deducted from the amount of annual incomes, to-wit: for married man with a wife living with him, or to a widow or widower having minor child or children, natural or adopted, not less than $2,000; to all other persons not less than $1,000, and there may be allowed other deductions (not including living expenses) so that only net incomes are taxed.
Sec. 4. Limitations upon the increase of public debts. The Gen- eral Assembly shall have the power to contract debts and to pledge
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the faith and credit of the State and to authorize counties and mu- nicipalities to contract debts and pledge their faith and credit, for the following purposes: To fund or refund a valid existing debt; to borrow in anticipation of the collection of taxes due and payable within the fiscal year to an amount not exceeding fifty per centum of such taxes; to supply a casual deficit; to suppress riots or insur- rections, or to repel invasions. For any purpose other than these enumerated, the General Assembly shall have no power, during any biennium, to contract new debts on behalf of the State to an amount in excess of two-thirds of the amount by which the State's outstanding indebtedness shall have been reduced during the next preceding biennium, unless the subject be submitted to a vote of the people of the State; and for any purpose other than these enumerated the General Assembly shall have no power to author- ize counties or municipalities to contract debts, and counties and municipalities shall not contract debts, during any fiscal year, to an amount exceeding two-thirds of the amount by which the out- standing indebtedness of the particular county or municipality shall have been reduced during the next preceding fiscal year, un- less the subject be submitted to a vots of the people of the partic- ular county or municipality. In any election held in the State or in any county or municipality under the provisions of this section, the proposed indebtedness must be approved by a majority of those who shall vote thereon. And the General Assembly shall have no power to give or lend the credit of the State in aid of any person, association, or corporation, except to aid in the completion of such railroads as may be unfinished at the time of the adoption of this Constitution, or in which the State has a direct pecuniary interest, unless the subject be submitted to a direct vote of the people of the State, and be approved by a majority of those who shall vote thereon.
Sec. 5. Property exempt from taxation. Pi"operty belonging to the State, or to municipal corporations, shall be exempt from taxa- tion. The General Assembly may exempt cemeteries and property held for educational, scientific, literary, charitable, or religious purposes; also wearing apparel, arms for muster, household and kitchen furniture, the mechanical and agricultural implements of mechanics and farmers; libraries and scientific instruments, or any other personal property, to a value not exceeding three hun- dred dollars. The General Assembly may exempt from taxation
Constitution 57
not exceeding one thousand dollars ($1,000.00) in value of prop- erty held and used as the place of residence of the owner.
Sec. 6. Taxes levied for counties. The total of the State and county tax on property shall not exceed fifteen cents on the one hundred dollars value of property, except when the county prop- erty tax is levied for a special purpose and with the special ap- proval of the General Assembly, which may be done by special or general act: Provided, this limitation shall not apply to taxes levied for the maintenance of public schools of the State for the term required by article nine, section three, of the Constitution : Provided, further, the State tax shall not exceed five cents on the one hundred dollars value of property.
Sec. ?'. Acts levying taxes shall state objects, etc. Every act of the General Assembly levying a tax shall state the special object to which it is to be applied, and it shall be applied to no other purpose.
ARTICLE VI
SUFFRAGE AND ELIGIBILITY TO OFFICE
Section 1. Who may vote. Every person born in the United States, and every person who has been naturalized, twenty-one years of age, and possessing the qualifications set out in this arti- cle, shall be entitled to vote at any election by the people of the State, except as herein otherwise provided. (The 19th amendment to the United States Constitution, ratified Aug. 6, 1920, provided that the "right of citizens of the United States to vote shall not be denied or abridged by he United States or by any state on ac- count of sex." North Carolina accordingly by c. 18, Extra Session 1920, provided for the registration and voting of women.)
Sec. 2. Qualifications of voters. He shall reside in the State of North Carolina for one year, and in the precinct, ward, or other election district in which he offers to vote four months next pre- ceding the election: Provided, that removal from one precinct, ward, or other election district to another in the same county shall not operate to deprive any person of the right to vote in the pre- cinct, ward, or other election district from which he has removed until four months after such removal. No person who has been convicted, or who has confessed his guilt in open court upon in- dictment, of any crime the punishment of which now is, or may hereafter be, imprisonment in the State's Prison, shall be per-
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mitted to vote, unless the said person shall be first restored to citizenship in the manner prescribed by law.
Sec. 3. Voters to be registered. Every person offering to vote shall be at the time a legally registered voter as herein prescribed and in the manner hereafter provided by law, and the General As- sembly of North Carolina shall enact general registration laws to carry into effect the provisions of this article.
Sec. 4. Qualification for registration. Every person presenting himself for registration shall be able to read and write any section of the Constitution in the English language. But no male person who was, on January 1, 1867, or at any time prior thereto, entitled to vote under the laws of any State in the United States wherein he then resided, and no lineal descendant of any such person, shall be denied the right to register and vote at any election in this State by reason of his failure to possess the educational qualifi- cations herein prescribed: Provided, he shall have registered in accordance with the terms of this section prior to December 1, 1908. The General Assembly shall provide for the registration of all persons entitled to vote without the educational qualifications herein prescribed, and shall, on or before November 1, 1908, pro- vide for the making of a permanent record of such registration; and all persons so registered shall forever thereafter have the right to vote in all elections by the people of this State, unless disqualified under section 2 of this article.
Sec. 5. Indivisible plan; legislative intent. That this amendment to the Constitution is presented and adopted as one indivisible plan for the regulation of the suffrage, with the intent and purpose to so connect the different parts, and to make them so dependent upon each other, that the whole shall stand or fall together.
Sec. 6. Elections by people and General Assembly. All elections by the people shall be by ballot, and all elections by the General Assembly shall be viva voce.
Sec. 7. Eligibilitji to office; official oath. Every voter in North Carolina, except as in this article disqualified, shall be eligible to office, but before entering upon the duties of the office he shall take and subscribe the following oath:
"I, _ , do solemnly swear (or affirm) that I will
support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not in-
Constitution 59
consistent therewith, and that I will faithfully discharge the du- ties of my office as So help me, God."
Sec. 8. Disqualification for office. The following classes of per- sons shall be disqualified for office: First, all persons who shall deny the being of Almighty God. Second, all persons who shall have been convicted or confessed their guilt on indictment pending, and whether sentenced or not, or under judgment suspended, of any treason or felony, or of any other crime for which the punishment may be imprisonment in the penitentiary, since becoming citizens of the United States, or of corruption or malpractice in office, un- less such person shall be restored to the rights of citizenship in a manner prescribed by law.
Sec. 9. When this chapter operative. That this amendment to the Constitution shall go into effect on the first day of July, nine- teen hundred and two, if a majority of votes cast at the next gen- eral election shall be cast in favor of this suffrage amendment.
ARTICLE VII
MUNICIPAL CORPORATIONS
Section 1. County officers. In each county there shall be elected biennially by the qualified voters thereof, as provided for the elec- tion of members of the General Assembly, the following officers : A treasurer, register of deeds, surveyor, and five commissioners. (Under authority of the Public Laws of 1935, c. 362, s. 13, provi- sion was made for the quadrennial election of registers of deeds, certain counties being exempted.)
Sec. 2. Duty of county commissioners. It shall be the duty of the commissioners to exercise general supervision and control of the penal and charitable institutions, schools, roads, bridges, levying of taxes, and finances of the county, as may be prescribed by law. The register of deeds shall be ex officio clerk of the boarr of com- missioners.
Sec. 3. Counties to be divided into districts. It shall be the duty of the commissioners first elected in each county to divide the same into convenient districts, to determine the boundaries and prescribe the name of the said districts, and to report the same to the Gen- eral Assembly before the first day of January, 1869.
Sec. 4. Townships have corporate powers. Upon the approval of the reports provided for in the foregoing section, by the General
60 North Carolina Manual
Assembly, the said districts shall have corporate powers for the necessary purposes of local government, and shall be known as townships.
Sec. 5. Officers of townships. In each township there shall be biennially elected, by the qualified voters thereof, a clerk and two justices of the peace, who shall constitute a board of trusts s, and shall, under the supervision of the county commissioners, have con- trol of the taxes and finances, roads and bridges of the townships, as may be prescribed by law. The General Assembly may provide for the election of a larger number of justices of the peace in cities and towns, and in those townships in which cities and towns are situated. In every township there shall also be biennially elected a school committee, consisting of three persons, whose duties shall be prescribed by law. (Amended by c. 141, 1877.)
Sec. 6. Trustees shall assess property. The township board of trustees shall assess the taxable property of their townships and make returns to the county commissioners for revision, as may be prescribed by law. The clerk shall be, ex officio, treasurer of the township.
Sec. 7. No debt or loan except by a majority of voters. No coun- ty, city, town, or other municipal corporation shall contract any debt, pledge its faith or loan its credit, nor shall any tax be levied or collected by any officers of the same except for the necessary ex- penses thereof, unless by a vote of the majority of the qualified voters therein.
Sec. 8. No money draivn except by law. No money shall be drawn from any county or township treasury except by authority of law.
Sec. 9. When officers enter on duty. The county officers first elected under the provisions of this article shall enter upon their duties ten days after the approval of this Constitution by the Congress of the United States.
Sec. 10. Governor to appoint justices. The Governor shall ap- point a sufficient number of justices of the peace in each county, who shall hold their places until sections four, five, and six of this article shall have been carried into effect.
Sec. 11. Charters to remain in force until legally changed. All charters, ordinances, and provisions relating to municipal corpora- tions shall remain in force until legally changed, unless inconsist- ent with the provisions of this Constitution.
Constitution 61
Sec. 12. Debts in aid of the rebellion not to be paid. No county, city, town, or other municipal corporation shall assume to pay, nor shall any tax be levied or collected for the payment of any debt, or the interest upon any debt, contracted directly or indirectly in aid of or support of the rebellion.
Sec. 13. Powers of General Assembly over municipal corpora- tions. The General Assembly shall have full power by statute to modify, change, or abrogate any and all of the provisions of this article, and substitute others in their place, except sections seven, nine and thirteen. (Recent amendment repealed old section 9 and renumbered sections 10-14.) (Under the general authority of this section several statutory amendments have been made. See notes supra, ss. 1 and 5.)
ARTICLE VIII
CORPORATIONS OTHER THAN MUNICIPAL
Section 1. Corporations under general laws. No corporation shall be created, nor shall its charter be extended, altered, or amended by special act, except corporations for charitable, educa- tional, penal, or reformatory purposes that are to be and remain under the patronage and control of the State; but the General As- sembly shall provide by general laws for the chartering and or- ganization of all corporations, and for amending, extending, and forfeiture of all charters, except those above permitted by special act. All such general laws and special acts may be altered from time to time or repealed; and the General Assembly may at any time by special act repeal the charter of any corporation.
Sec. 2. Debits of corporations, how secured. Dues from corpora- tions shall be secured by such individual liabilities of the corpora- tions, and other means, as may be prescribed by law.
Sec. 3. What corporations shall include. The term "Corpora- tion" as used in this article shall be construed to include all associ- ation? and joint-stock companies having any of the powers and privileges of corporations not possessed by individuals or partner- ships. And all corporations shall have the right to sue, and shall be subject to be sued, in all courts in like cases as natural persons.
Sec. 4. Legislature to provide for organizing cities, towns, etc. It shall be the duty of the Legislature to provide by general laws for the organization of cities, towns, and incorporated villages, and to restrict their power of taxation, assessment, borrowing money,
62 North Carolina Manual
contracting debits, and loaning their credit, so as to prevent abuses in assessment ana in contracting debts by such municipal corpora- tions.
ARTICLE IX
EDUCATION
Section 1. Education shall be encouraged. .Religion, morality, and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged.
Sec. 2. General Assembly shall provide for schools; separation of the races. The General Assembly, at its first session under this Constitution, shall provide by taxation and otherwise for a general and uniform system of public schools, wherein tuition shall be free of charge to all the children of the State between the ages of six and twenty-one years. And the children of the white race and the chil- dren of the colored race shall be taught in separate public schools ; but there shall be no discrimination in favor of, or to the prejudice of, either race.
Sec. 3. Counties to be divided into districts. Each county of the State shall be divided into a convenient number of districts, in which one or more public schools shall be maintained at least six months in every year; and if the commissioners of any county shall fail to comply with the aforesaid requirements of this section, they shall be liable to indictment.
Sec. 4. What jrroperti/ devoted to educational purposes. The proceeds of all lands that have been or hereafter may be granted by the United States to this State, and not otherwise appropriated by this State or the United States ; also all moneys, stocks, bonds, and other property now belonging to any State fund for purposes of edu- cation, also the net proceeds of all sales of the swamp lands belong- ing to the State, and all other grants, gifts, or devices that have been or hereafter may be made to the State, and not otherwise ap- propriated by the State or by the terms of the grant, gift, or de- vise, shall be paid into the State Treasury, and, together with so much of the ordinary revenue of the State as may be by law set apart for that purpose, shall be faithfully appropriated for estab- lishing and maintaining in this State a system of free public schools, and for no other uses or purposes whatsoever.
Constitution 63
Sec. 5. County school fund; proviso. All moneys, stocks, bonds, and other property belonging to a county school fund; also the net proceeds from the sale of estrays; also the clear proceeds of all penalties and forfeitures and of all fines collected in the several counties for any breach of the penal or military laws of the State; and all moneys which shall be paid by persons as an equivalent for exemption from military duty, shall belong to and remain in the several counties, and shall be faithfully appropriated for establish- ing and maintaining free public schools in the several counties of this State : Provided, that the amount collected in each county shall be annually reported to the Superintendent of Public Instruction.
Sec. 6. Election of trustees, and provisions for maintenance, of the University. The General Assembly shall have power to provide for the election of trustees of the University of North Carolina, in whom, when chosen, shall be vested all the privileges, rights, fran- chises, and endowments thereof in any wise granted to or conferred upon the trustees of said University; and the General Assembly may make such provisions, laws, and regulations from time to time as may be necessary and expedient for the maintenance and manage- ment of said University.
Sec. 7. Benefits of the University. The General Assembly shall provide that the benefits of the University, or far as practicable, be extended to the youth of the State free of expense for tuition ; also, that all the property which has heretofore accrued to the State, or shall hereafter accrue, from escheats, unclaimed dividends, or dis- tributive shares of the estates of deceased persons, shall be ap- propriated to the use of the University.
Sec. 8. State Board, of Education. The general supervision and administration of the free public school system, and of the educa- tional funds provided for the support thereof, except those men- tioned in Section five of this Article, shall, from and after the first day of April, one thousand nine hundred and forty-five, be vested in the State Board of Education to consist of the Lieutenant Gov- ernor, State Treasurer, the Superintendent of Public Instruction, and ten members to be appointed by the Governor, subject to con- firmation by the General Assembly in joint session. The General Assembly shall divide the State into eight educational districts, which may be altered from time to time by the General Assembly. Of the appointive members of the State Board of Education one
64 North Carolina Manual
shall be appointed from each of the eight educational districts, and two shall be appointed as members at large. The first appointments under this section shall be: Two Members appointed from educa- tional districts for terms of two years; two members appointed from educational districts for terms of four years; two members appointed from educational districts for terms of six years; and two members appointed from educational districts for terms of eight years. One member at large shall be appointed for a period of four years and one member at large shall be appointed for a period of eight years. All subsequent appointments shall be for terms of eight years. Any appointments to fill vacancies shall be made by the Governor for the unexpired term, which appoint- ments shall not be subject to confirmation. The State Superintend- ent of Public Instruction shall be the administrative head of the public school system and shall be secretary of the board. The board shall elect a chairman and vice chairman. A majority of the board shall constitute a quorum for the transaction of business. The per diem and expenses of the appointive members shall be provided by the General Assembly.
Sec. 9. Poivers and Duties of the Board. The State Board of Education shall succeed to all the powers and trusts of the Presi- dent and Directors of the Literary Fund of North Carolina and the State Board of Education as heretofore constituted. The State Board of Education shall have power to divide the State into a con- venient number of school districts; to regulate the grade, salary and qualifications of teachers; to provide for the selection and adoption of the textbooks to be used in the public schools; to ap- portion and equalize the public school funds over the State; and generally to supervise and administer the free public school system of the State and make all needful rules and regulations in relation thereto. All the powers enumerated in this section shall be exer- cised in conformity with this constitution and subject to such laws as may be enacted from time to time by the General Assembly.
Sec. 10. Agricultural department. As soon as practicable after the adoption of this Constitution the General Assembly shall estab- lish and maintain, in connection with the University, a department of agriculture, of mechanics, of mining, and of normal instruction.
Sec. 11. Children must attend school. The General Assembly is hereby empowered to enact that every child of sufficient mental and
Constitution 65
physical ability shall attend the public schools during the period be- tween the ages of six and eighteen years, for a term of not less than sixteen months, unless educated by other means.
ARTICLE X
Homesteads and Exemptions
Section 1. Exemptions of personal property. The personal prop- erty of any resident of this State, to the value of five hundred dol- lars, to be selected by such resident, shall he and is hereby ex- empted from sale under execution or other final process of any court issued for the collection of any debt.
Sec. 2. Homestead. Every homestead, and the dwellings and buildings used therewith, not exceeding in value one thousand dol- lars, to be selected by the owner thereof, or in lieu thereof, at the option of the owner, any lot in a city, town, or village with the dwellings and buildings used thereon, owned and occupied by any resident of this State, and not exceeding the value of one thousand dollars, shall be exempt from sale under execution or other final process obtained on any debt. But no property shall be exempt from sale for taxes or for payment of obligations contracted for the purchase of said premises.
Sec. 3. Homestead exemption from debt. The homestead, after the death of the owner thereof, shall be exempt from the payment of any debt during the minority of his children, or any of them.
Sec. 4. Laborer's lien. The provisions of sections one and two of this article shall not be so construed as to prevent a laborer's lien for work done and performed for the person claiming such exemp- tion, or a mechanic's lien for work done en the premises.
Sec. 5. Benefit of widow. If the owner of a homestead die, leaving a widow but no children, the same shall be exempt from the debts of her husband, and the rents and profits thereof shall inure to her benefit during her widowhood, unless she be the owner of a home- stead in her own right.
Sec. 6. Property of married women secured to them. The real and personal property of any female in this State acquired before maniage, and all property, real and personal, to which she may, after marriage, become in any manner entitled, shall be and re- main the sole and separate estate and property of such female, and shall not be liable for any debts, obligations, or engagements
66 North Carolina Manual
of her husband, and may be devised, and bequeathed, and, with the written assent of her husband, conveyed by her as if she were un- married.
Sec. 7. Husband may insure his life for the benefit of wife and children. The husband may insure his own life for the sole use and benefit of his wife and children, and in case of the death of the husband the amount thus insured shall be paid over the the wife and children, or to the guardian, if under age, for her or their own use, free from all the claims of the representatives of her husband, or any of his creditors. And the policy shall not be subject to claims of creditors of the insured during the life of the insured, if the insurance issued is for the sole use and benefit of the wife and/or children.
Sec. 8. How deed for homestead man be made. Nothing contained in the foregoing sections of this Article shall operate to prevent the owner of a homestead from disposing of the same by deed ; but no deed made by the owner of a homestead shall be valid without the signature and acknowledgement of his wife.
ARTICLE XI
PUNISHMENTS, PENAL INSTITUTIONS, AND PUBLIC CHARITIES
Section 1. Punishments; convict labor; proviso. The following punishments only shall be known to the laws of this State, viz. : death, imprisonment with or without hard labor, fines, removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under this State. The foregoing provision for imprisonment with hard labor shall be construed to authorize the employment of such convict labor on public works or highways or other labor for public benefit, and the farming out thereof, where and in such manner as may be provided by law; but no con- vict shall be farmed out who has been sentenced on a charge of murder, manslaughter, rape, attempt to commit rape, or arson; Provided, that no convict whose labor may be farmed out shall be punished for any failure of duty as a laborer, except by a respon- sible officer of the State; but the convicts so farmed out shall be at all times under the supervision and control, as to their govern- ment and discipline, of the penitentiary board or some officer of this State.
Sec. 2. Death punishment. The object of punishment being not only to satisfy justice, but also to reform the offender, and thus
Constitution 67
prevent crime, murder, arson, burglary, and rape, and these only, may be punishable with death, if the General Assembly shall so enact.
Sec. 3. Penitentiary. The General Assembly shall, at its first meeting, make provision for the erection and conduct of a State's Prison or penitentiary at some central and accessible point within the State.
Sec. 4. Houses of correction. The General Assembly may provide for the erection of houses of correction, where vagrants and per- sons guilty of misdemeanors shall be restrained and usefully em- ployed.
Sec. 5. Houses of refuge. A house or houses of refuge may be es- tablished whenever the public interests may require it, for the cor- rection and instruction of other classes of offenders.
Sec. 6. The sexes to be separated. It shall be required, by com- petent legislation, that the structure and superintendence of penal institutions of the State, county jails, and city police prisons se- cure the health and comfort of the prisoners, and that male and female prisoners be never confined in the same room or cell.
Sec. 7. Provision for the poor and orphans. Beneficient provi- sions for the poor, the unfortunate, and orphan being one of the first duties of a civilized and Christian State, the General As- sembly shali, at its first session, appoint and define the duties of a Board of Public Charities, to whom shall be entrusted the super- vision of all charitable and penal State institutions, and who shall annually report to the Governor upon their condition, with sug- gestions for their improvement.
Sec. 8. Orphan houses. There shall also, as soon as practicable, be measures devised by the State for the establishment of one or more orphan houses, where destitute orphans may be cared for, educated, and taught some business or trade.
Sec. 9. Inebriates and idiots. It shall be the duty of the Legis- lature, as soon as practicable, to devise means for the education of idiots and inebriates.
Sec. 10. Deaf mutes, blind, and insane. The General Assembly may provide that the indigent deaf-mute, blind, and insane of the State shall be cared for at the charge of the State.
Sec. 11. Self-supporting. It shall be steadily kept in view by the Legislature and the Board of Public Charities that all penal
68 North Carolina Manual
and charitable institutions should be made as nearly self-support- ing as is consistent with the purposes of their creation.
ARTICLE XII
MILITIA
Section 1. Who are liable to militia duty. All able-bodied male citizens of the State of North Carolina, between the ages of twen- ty-one and forty years, who are citizens of the United States, shall be liable to duty in the militia: Provided, that all persons who may be averse to bearing arms, from religious scruples, shall be exempt therefrom.
Sec. 2. Organizing, etc. The General Assembly shall provide for the organizing, arming, equipping, and discipline of the militia, and for paying the same, when called into active service.
Sec. 3. Governor commander-in-chief. The Governor shall be commander-in-chief, and shall have power to call out the militia to execute the law, suppress riots or insurrections, and to repel invasion.
Sec. 4. Exemptions. The General Assembly shall have power to make such exemptions as may be deemed necessary, and to enact laws that may be expedient for the government of the militia.
ARTICLE XIII
AMENDMENTS
Section 1. Convention, hoiv called. No convention of the people of this State shall ever be called by the General Assembly, unless by the concurrence of two-thirds of all of the members of each House of the General Assembly, and except the proposition, Con- vention or NO Convention, be first submitted to the qualified voters of the whole State, at the next general election, in a manner to te prescribed by law. And should a majority of the votes cast be in favor of said convention, it shall assemble on such day as may be prescribed by the General Assembly.
Sec. 2. How the Constitution may be altered. No part of the Constitution of this State shall be altered unless a bill to alter the same shall have been agreed to by three-fifths of each House of the General Assembly. And the amendment or amendments so agreed to shall be submitted at the next general election to the qualified voters of the whole State, in such manner as may be prescribed by law. And in the event of their adoption by a majority of the votes
Constitution G9
cast, such amendment or amendments shall become a part of the Constitution of this State.
ARTICLE XIV
MISCELLANEOUS
Section 1. Indictments. Ali indictments which shall have been found, or may hereafter be found, for any crime or offense com- mitted before this Constitution takes effect, may be proceeded upon in the proper courts, but no punishment shall be inflicted which is forbidden by this Constitution.
Sec. 2. Penalty for fighting duel. No person who shall hereafter fight a duel, or assist in the same as a second, or send, accept, or knowingly carry a challenge therefor, or agree to go out of the State to fight a duel, shall hold any office in this State.
Sec. 3. Drawing money. No money shall be drawn from the Treasury but in consequence of appropriations made by law; and an accurate account of the receipts and expenditures of the public money shall be annually published.
Sec. 4. Mechanic's lien. The General Assembly shall provide, by proper legislation, for giving to mechanics and laborers an ade- quate lien on the subject-matter of their labor.
Sec. 5. Governor to make appointments. In the absence of any contrary provision, all officers of this State, whether heretofore elected or appointed by the Governor, shall hold their positions only until other appointments are made by the Governor, or, if the of- ficers are elective, until their successors shall have been chosen and duly qualified according to the provisions of this Constitution.
Sec. 6. Seat of government. The seat of government in this
State shall remain at the city of Raleigh.
Sec. 7. Holding office. No person who shall hold any office or place of trust or profit under the United States, or any depart- ment thereof, or under this State, or under any other state or gov- ernment, shall hold or exercise any other office or place of trust or profit under the authority of this State, or be eligible to a seat in either House of the General Assembly: Provided, that nothing herein contained shall extend to officers in the militia, notaries public, justices of the peace, commissioners of public charities, or commissioners for special purposes.
Sec. 8. Intermarriage of whites and Negroes prohibited. All marriages between a white person and a Negro, or between a white person and a person of Negro descent to the third generation, in- clusive, are hereby forever prohibited.
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THE AMERICAN'S CREED
I believe in the United States of America, as a government of the people, by the people, for the people; whose just powers are de- rived from the consent of the governed; a democracy in a republic; a sovereign nation of many sovereign states; a perfect union, one and inseparable established upon those principles of freedom, equality, justice and humanity for which American patriots sacri- ficed their lives and fortunes. I therefore believe it is my duty to my country to love it, to support its constitution, to obey its laws, to respect its flag, and to defend it against all enemies.
The American's Creed by William Tyler Page was adopted by an act of Congress, April 6, 1918.)
THE AMERICAN FLAG, ITS ORIGIN
In 1775 the Philadelphia Troop of Light Horse carried a stand- ard with thirteen alternate blue and silver stripes in the upper left-hand corner. At Cambridge on January 2, 1776, Washing-ton without authorization of the Continental Congress, raised a flag consisting of thirteen alternate white and red stripes with the crosses of St. George and St. Andrew in a blue field in the upper left-hand corner. It was called the "Union Flag," "Grand Union Flag" and the "Continental Flag," and was employed until dis- placed by the Stars and Stripes adopted by the Continental Con- gress.
The beautiful tradition that Betsy Ross, as early as June 177<>, made a Stars and Stripes flag from a pencil sketch supplied by Washington but changed the points of the stars from six to five, has become a classic. Historians doubt its accuracy. Half a dozen localities claim to have been the place where the Stars and Stripes was first used. Within New York State such contention has been for Fort Ann on July 8, Fort Stanwix on August 3, Bennington on August 13, and Saratoga on September 19, 1777. The flag with thirteen stripes and thirteen stars, authorized on June 14, 1777, continued to be used as the national emblem until Congress passed the following act, which President Washington signed:
[71]
The American Flag 73
"That from and after May 1, 1795, the flag- of the United States be fifteen stripes, alternate red and white; and that the union be fifteen stars, white in a blue field."
This action was necessitated by the admission of the States of Vermont and Kentucky to the Union.
The flag of 1795 had the stais arranged in three rows of five each instead of in a circle, and served for 23 years.
With the admission of more new states, however, it became apparent that the 1795 flag would have to be further modified; hence in 1818 a law was passed by Congress providing:
"That from and after the fourth day of July next, the flag of the United States be thirteen horizontal stripes, alter- nate red and white; that the union have twenty stars, white in a blue field.
"That on the admission of every new state into the Union, one star be added to the union of the flag; and that such addition shall take effect on the Fourth of July next suc- ceeding such admission."
Since 1818 additional stars have been added until today there are 48 on the flag. No law has been passed to designate how the stars shall be arranged. At one time they formed a design of a larger star. Now by common practice they form six rows of eight star- each.
Betsy Ross, it is now said, lived at 233 Arch Street, Philadelphia, and not at 239. She made flags, but says Theodore I). Gottlieb, she never made the first Stars and Stripes. He adds: "The Department of State, the War and Navy depaitments, the Historical Sites Commission of Philadelphia and other official bodies repudiate the legend. The book and pamphlet material available is overwhelm- ingly against the legend.
"The story arose for the first time on March 14, 1870, when Wil- liam J. Canby read a paper before the Pennsylvania Historical Society in which he states that in 1836, when his grandmother, Betsy Ross, was 84 years old and he was 11, she told him the story. He apparently thought little of it because nothing was done until 1857, when at the suggestion of his Aunt Clarissa, oldest daughter of Betsy, he wrote out the notes as he remembered the conversation.
74 North Carolina Manual
"Nothing further was done until 1870 when he wrote his paper. The Historical Society of Pennsylvania thought so little of the paper it neither catalogued nor kept a copy of it. Even George Canby, younger brother of William, disputed several points in the paper.
"The legend grew to strength from 1888 to 1893 when promoters secured an option on the so-called Flag House.
"Modern historical researchers are giving much thought to Francis Hopkinson of New Jersey as the possible designer and the Fillmore or Bennington flag as the first flag."
The Proper Display of the American Flag
Sec. 2. (a) It is the universal custom to display the flag only from sunrise to sunset on buildings and on stationary flagstaffs in the open. However, the flag may be displayed at night upon special occasions when it is desired to produce a pati'iotic effect.
(b) The flag should be hoisted briskly and lowered ceremon- iously.
(c) The flag should not be displayed on days when the weather is inclement.
(d) The flag should be displayed on all days when the weather permits, especially on New Year's Day, January 1; Inauguration Day, January 20; Lincoln's Birthday, February 12; Washington's Birthday, February 22; Army Day, April 6; Easter Sunday (vari- able) ; Mother's Day, second Sunday in May; Memorial Day (half staff until noon), May 30; Flag Day, June 14; Independence Day, July 4; Labor Day, first Monday in September; Constitution Day, September 17; Columbus Day, October 12; Navy Day, October 27; Armistice Day, November 11; Thanksgiving Day, Fourth Thursday in November; Christmas Day, December 25; such other days as may be proclaimed by the President of the United States; the birthdays of States (dates of admission) ; and on State holidays.
(e) The flag should be displayed daily, weather permitting, on or near the main administration building of every public institu- tion.
(f) The flag should be displayed in or near every polling place on election days.
(g) The flag should be displayed during school days in or near every schoolhouse.
The American Flag 75
Sec. 3. That the flag, when carried in a procession with anothei flag- or flags, should he either on the marching right; that is, the flag's own right, or, if there is a line of other flags, in front of the center of that line.
(a) The flag should not be displayed on a float in a parade ex- cept from a staff, or as provided in subsection (i).
(b) The flag should not be draped over the hood, top, sides, or back of a vehicle or of a railroad train or a boat. When the flag is displayed on a motorcar, the staff shall be fixed firmly to the chassis or clamped to the radiator cap.
(c) No other flag or pennant should be placed above or, if on the same level, to the right of the flag of the United States of America, except during church services conducted by naval chap- lains at sea, when the church pennant may he flown above the flag during church services for the personnel of the Navy.
(d) The flag of the United States of America, when it is dis- played with another flag against a wall from crossed staffs, should be on the right, the flag's own right, and its staff should be in front of the staff of the other flag.
(e) The flag of the United States of America should be at th« center and at the highest point of the group when a number of flags of States or localities or pennants of societies are grouped and displayed from staffs.
(f) When flags of States, cities, or localities, or pennants of so- cieties are flown on the same halyard with the flag of the United States, the latter should always be at the peak. When the flan- are flown from adjacent staffs, the flag of the United States should be hoisted first and lowered last. No such flag or pennant may be placed above the flag of the United States or to the right of the flag of the United States.
(g) When flags of two or more nations are displayed, they are to be flown from separate staffs of the same height. The flags should be of approximately equal size. International usage forbids the display of the flag of one nation above that of another nation in time of peace.
(h) When the flag of the United States is displayed from a staff projecting horizontally or at an angle from the window sill, bal- cony, or front of a building, the union of the flag should be placed at the peak of the staff unless the flag is at half staff. When the
76 North Carolina Manual
flag is suspended over a sidewalk from a rope extending from a house to a pole at the edge of the sidewalk, the flag should be hoisted out, union first, from the building.
(i) When the flag is displayed otherwise than by being flown from a staff, it should be displayed flat, whether indoors or out. When displayed either horizontally or vertically against a wall, the union should be uppermost and to the flag's own right; that is, to the observer's left. When displayed in a window, the flag should be displayed in the same way; that is, with the union or blue field to the left of the observer in the street.
(j) When the flag is displayed over the middle of the street, it should be suspended vertically with the union to the north in an east and west street or to the east in the north and south street.
(k) When used on a speaker's platform, the flag, if displayed flat, should be displayed above and behind the speaker. When dis- played from a staff in a church or public auditorium, if it is dis- played in the chancel of a church, or on the speaker's platform in a public auditorium, the flag should occupy the position of honor and be placed at the clergyman's or speaker's right as he faces the congregation or audience. Any other flag so displayed in the chan- cel or on the platform should be placed at the clergyman's or speaker's left as he faces the congregation or audience. But when the flag is displayed from a staff in a church or public auditorium elsewhere than in the chancel or on the platform it shall te placed in the position of honor at the right of the congregation or audi- ence as they face the chancel or platform. Any other flag so dis- played should be placed on the left of the congregation or audi- ence as they face the chancel or platform.
(1) The flag should form a distinctive feature of the ceremony of unveiling a statue or monument, but it should never be used as the covering for the statue or monument.
(m) The flag, when flown at half staff, should be first hoisted to the peak for an instant and then lowered to the half-staff position. The flag should be again raised to the peak before it is lowered for the day. By "half staff" is meant hauling the flag to one-half the distance between the top and bottom of the staff. Crepe streamers may be affixed to spear heads or flag-staffs in a parade only by order of the President of the United States.
(n) When the flag is used to cover a casket, it should be so
The American Flag 77
placed that the union is at the head and over the left shoulder. The flag should not be lowered into the grave or allowed to touch the ground.
Sec. 4. That no disrespect should be shown to the flag of the United States of America ; the flag should not be dipped to any per- son or thing. Regimental colors, State flags, and organizations or institutional flags are to be dipped as a mark of honor.
(a) The flag should never be displayed with the union down save as a signal of dire distress.
(b) The flag should never touch anything beneath it, such as the ground, the floor, water, or merchandise.
(c) The flag should never be carried flat or horizontally, but al- ways aloft and free.
(d) The flag should never be used as drapery of any sort what- soever, never festooned, drawn back, nor up, in folds, but always allowed to fall free. Bunting of blue, white, and red, always ar- ranged with the blue above, the white in the middle, and the red below, should be used for covering a speaker's desk, draping the front of a platform, and for decoration in general.
(e) The flag should never be fastened, displayed, used, or stored in such a manner as will permit it to be easily torn, soiled, or dam- aged in any way.
(f) The flag should never be used as a covering for a ceiling.
(g) The flag should never have placed upon it, nor on part of it, nor attached to it any mark, insignia, letter, word, figure, design, picture, or drawing of any nature.
(h) The flag should never be used as a receptacle for receiving, holding, carrying, or delivering anything.
(i) The flag should never be used for advertising purposes in any manner whatsoever. It should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard; or used as any portion of a costume or athletic uniform. Advertising signs should not be fastened to a staff or halyard from which the flag is flown.
(j) The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning.
Sec. 5. That during the ceremony of hoisting or lowering the flag
78 North Carolina Manual
or when the flag is passing in a parade or in a review, all persons present should face the flag, stand at attention, and salute. Those present in uniform should render the right-hand salute. When not in uniform, men should remove the headdress with the right hand holding it at the left shoulder, the hand being over the heart. Men without hats merely stand at attention. Women should salute by placing the right hand over the heart. The salute to the flag in the moving column should be rendered at the moment the flag passes.
Sec. 6. That when the national anthem is played and the flag is not dispalyed, all present should stand and face toward the music. Those in uniform should salute at the first note of the anthem, re- taining this position until the last note. All others stand at atten- tion, men removing the headdress. When the flag is displayed, the salute to the flag should be given.
Sec. 7. That the pledge of allegiance to the flag, "I pledge allegi- ance to the flag of the United State? of America and to the Re- public for which it stands, one Nation indivisible, with liberty and justice for all," be rendered by standing with the right hand over the heart; extending the right hand, palm upward, toward the flag at the words "to the flag" and holding this position until the end, when the hand drops to the side. However, civilians will always show full respect to the flag when the pledge is given by merely standing at attention, men removing the headdress. Persons ii. uniform shall render the military salute.
Sec. 8. Any rule or custom pertaining to the display of the fla^ of the United States of America, set forth herein, may be altered, modified, or repealed, or additional rules with respect thereto may be prescribed, by the Commander in Chief of the Army and Navy of the United States, whenever he deems it to be appropriate or desirable; and any such alteration or additional rule shall be set forth in a proclamation.
The Pledge to the Flag
(Taught in many of the schools and repeated by pupils daily)
"I pledge allegiance to the flag of the United States of America, And to the Republic for which it stands, One Nation, indivisible, With liberty and justice for all."
The American Flag 79
The Pledge to the Flag, according to a report of the Historical Committee of the United States Flag Association (May 18, 1939), was written by Francis Bellamy (August 1892), a member of the editorial staff of The Youth's Companion, in Boston, Massachu- setts. It was first repeated at the exercises in connection with the celebration of Columbus Day (October 12, 1892, Old Style). The idea of this national celebration on Columbus Day was largely that of James B. Upham, one of the junior proprietors of The Youth's Companion.
Francis Hopkinson, a signer of the Declaration of Independence, was the designer of the Stars and Stripes — not Betsy Ross of Phil- adelphia, who made flags. He also designed the first Great Seal of the United States, and a number of coins and several items of paper currency in the early days of the Republic.
Hopkinson, born in Philadelphia (September 21, 1737), and a graduate of the University of Pennsylvania, was the first native American composer of a secular song, "My Days Have Been So- Wondrous Free." He was a lawyer and later a judge in New Jer- sey, and then in Pennsylvania. He died in Philadelphia (May 9r 1791). His portrait, painted by himself, hangs in the rooms of the Pennsylvania Historical Society, Philadelphia. He played the organ and the harpsichord.
THE CAPITOL AT WASHINGTON
The Capitol building- in Washington, I). C, is situated on a pla- teau 88 feet above the level of the Potomac River and covers an area of 15.'!, 112 square feet, or approximately three and one-half acres. Its length, from north to south, is 751 feet, four inches; its width, including approaches, is 350 feet; and its location is de- scribed as being in latitude 380°53'20.4" N. and longitude 770°00'35.7" W. from Greenwich. Its height above the base line on the east front to the top of the Statue of Freedom is 287 feet, five and one-half inches. The dome is built of iron, and the aggregate weight of material used in its construction is 8,909,200 pounds.
The Statue of Freedom surmounting the dome is of bronze and weighs 14,985 pounds. It was modeled by Thomas Crawford, father of Francis Marion Crawford, the novelist, in Rome, and the plaster model shipped to this country. It was cast in bronze at the shops of Clark Mills, on the Bladensburg Road, near Washington. The cost of the casting and the expenses in connection were $20,796.82, and the sculptor was paid $3,000 for the plaster model. It was erected and placed in its present position December 2, 1863.
The grounds have had an area of 58.8 acres, at one time a part of Cern Abby Manor, and at an early date were occupied by a sub- tribe of the Algonquin Indians known as the Powhatans, whose council house was then located at the foot of the hill. By subse- quent purchase of ground at the north of the Capitol and at the west of the new House Office building the area of the grounds has been increased to 139% acres.
The Rotunda is 97 feet 6 inches in diameter, and its height from the floor to the top of the canopy is 180 feet, 3 inches.
The Senate Chamber is 113 feet, 3 inches, in length by 80 feet, 3 inches, in width and 36 feet in height. The galleries will accom- modate 682 persons.
The Representatives' Hall is 139 feet in length by 93 feet in width and 36 feet in height.
The room, until 1935 the meeting place of the Supreme Court, was, until 1859, occupied as the Senate Chamber. Previous to that time the court occupied the room immediately beneath, now used as a law library.
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The National Capitol 81
The Capitol has a floor area of 14 acres, and 430 rooms are de- voted to office, committee, and storage purposes. There are 14,518 square feet of skylights, 679 windows, and 550 doorways.
The dome receives light through 108 windows, and from the architect's office to the dome there are 365 steps, one for each day of the year.
The southeast cornerstone of the original building was laid Sep- tember 18, 1793, by President Washington, with Masonic cere- monies. It is constructed of sandstone from quarries on Aquia Creek, Va. The original designs were prepared by Dr. William Thornton, and the work was done under the direction of Stephen H. Hallet, James Hoban, George Hadfield, and B. H. Latrobe, architects.
The north wing was finished in 1800 and the south wing in 1811. A wooden passageway connected them. On August 24, 1814, the interior of both wings was destroyed by fire, set by the British. The damage to the building was immediately repaired.
In 1818 the central portion of the building was commenced, under the architectural superintendence of Charles Bullfinch. The original building was finally completed in 1827. Its cost, including the grad- ing of the grounds, alterations, and repairs, up to 1827, was $2,433,844.13.
The cornerstone of the extensions was laid on the Fourth of July, 1851, by President Fillmore, Daniel Webster officiating as orator. This work was prosecuted under the architectural direc- tion of Thomas U. Walter till 1865, when he resigned, and it was completed under the supervision of Edward Clark. The material used in the walls is white marble from the quarries at Lee, Massachusetts, and that in the columns from the quarries at Cockeysville, Maryland. The House extension was first occupied for legislative purpose December 16, 1857, and the Senate January 4, 1859.
The House office building was begun in 1905 and occupied on January 10, 1908; later, a story on top was added. The Senate office building was started in 1906 and occupied on March 5, 1909. The House building cost, with site, $4,860,155; the Senate struc- ture, $5,019,251.
Among the paintings in the Capitol are:
In Rotunda: Signing of the Declaration of Independence, Sur-
82 North Carolina Manual
lender of General Burgoyne, Surrender of Lord Cornwallis at Yorktown, Va., George Washington Resigning His Commission as Commander in Chief of the Army, all by John Trumbull.
Baptism of Pocahontas, by John G. Chapman; Landing of Co- lumbus, by John Vanderlyn; Discovery of the Mississippi River, by DeSoto, by William H. Powell; Embarkation of the Pilgrims, by Robert W. Weir.
In House Wing: Westward the Course of Empire Takes Its Way, by Emanuel Leutze; First Reading of the Emancipation Proclama- tion, by Francis Bicknell Carpenter.
In Senate Wing: Battle of Lake Erie, by William H. Powell; Battle of Chapultepec, by James Walker.
THE DECLARATION OF INDEPENDENCE
(Unanimously Adopted in Congress, July 4, 1776, at Philadelphia)
When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitles them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident: That all men are created equal; that they are endowed by their Creator with certain inalien- able Rights; that among these are Life, Liberty and the pursuit of Happiness. That, to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed; That, whenever any Form of Government becomes de- structive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundations on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and, accord- ingly, all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object, evinces a design to reduce them under absolute Des- potism, it is their right, it is their duty, to throw off such Govern- ment, and to provide new Guards for their future security. Such has been the patient sufferance of these Colonies, and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in di- rect object the establishment of an absolute Tyranny over these States. To prove this, let Facts he submitted to a candid world.
He has refused to assent to Laws, the most wholesome and nec- essary for the public good.
He has forbidden his Governors to pass Laws of immediate and
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pressing importance, unless suspended in their operation till his Assent should be obtained; and, when so suspended, he has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature — a right inestimable to them, and formidable to tyrants only.
He has called together legislative bodies at places unusual, un- comfortable and distant from the depository of their public Rec- ords, for the sole purpose of fatiguing them into compliance with his measures.
He has dissolved Representative Houses repeatedly, for oppos- ing with manly firmness his invasions on the rights of the people.
He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exer- cise; the State remaining, in the meantime, exposed to all the dangers of invasion from without, and convulsions within.
He has endeavored to prevent the population of these States for that purpose obstructing the Laws for Naturalization of Foreign- ers; refusing to pass others to encourage their migration hither, and raising the conditions of new Appropriations of Lands.
He has obstructed the Administration of Justice, by refusing his Assent to laws for establishing Judiciary Powers.
He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.
He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people, and eat out their sub- stance.
He has kept among us, in times of peace, Standing Armies with- out the Consent of our Legislature.
He has affected to render the Military independent of, and su- perior to, the Civil power.
He has combined with others to subject us to a jurisdiction for- eign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:
For quartering large bodies of armed troops among us:
For protecting them, by a mock Trial, from punishment for any
Declaration of Independence 85
Murders which they should commit on the Inhabitants of these States :
For cutting off our Trade with all parts of the world:
For imposing Taxes on us without our Consent:
For depriving us, in many cases, of the benefits of Trial by jury:
For transporting us beyond Seas, to be tried for pretended of- fenses:
For abolishing the free System of English Laws in a neighboring Province, establishing therein an Arbitrary government, and en- larging its Boundaries, so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colo- nies:
For taking away our Charters, abolishing our most valuable Laws, and altering, fundamentally, the Forms of our Governments:
For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.
He has abdicated Government here, by declaring us out of his Protection and waging War against us.
He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.
He is at this time transporting large Armies of foreign Mercen- aries to complete the works of death, desolation and tyranny, al- ready begun with circumstances of Cruelty and perfidy scarcely paralleled in the most barbarous aves, and totally unworthy the Head of a civilized nation.
He has constrained our fellow-Citizens, taken captive on the high Seas, to bear Arms against their Country, to become the execu- tioners of their friends and Brethren, or to fall themselves by their Hands.
He has excited domestic insurrections amongst us, and has en- deavored to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes, and conditions.
In every stage of these Oppressions We have Petitioned for Re- dress in the most humble terms ; Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.
Nor have we been wanting in attentions to our Britain brethren.
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We have warned them from time to time of attempts by their leg- islature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settle- ment here. We have appealed to their native justice and magna- nimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which inevitably interrupt our connections and correspondence. They, too, have been deaf to the voice of justice and of consanguinity, We must, therefore, ac- quiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind — Enemies in War, in Peace Friends.
We, Therefore, the Representatives of the United States of America, in General Congress Assembled, appealing to the Su- preme Judge of the world for the rectitude of our intentions, do, in the Name and by authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be, free and independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved; and that as Free and Inde- pendent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.
John Hancock
Button Gwinnett Lyman Hall Geo. Walton Wm. Hooper Joseph Hewes John Penn Edward Rutledge Thos. Heyward, Junr. Thomas Lynch, Junr. Arthur Middleton Samuel Chase
James Wilson Geo. Ross Caesar Rodney Geo. Reed Tho. M. Kean Wm. Floyd Phil. Livingston Frans. Lewis Lewis Morris Richd. Stockton Jno. Witherspoon
Declaration of Independence 87
Wm. Paca Fras. Hopkinson
Thos. Stone John Hart
Charles Carroll of Carrollton Abra Clark
George Wythe Josiah Bartlett
Richard Henry Lee Wm. Hippie
Th. Jefferson Saml. Adams
Benja. Harrison John Adams
Thos. Nelson, Jr. Robt. Treat Payne
Francis Lightfoot Lee Eldridge Gerry
Carter Braxton Step. Hopkins
Robt. Morris William Ellery
Benjamin Rush Roger Sherman
Benja. Franklin Samuel Huntington
John Morton • Wm. Williams
Geo. Clymer Oliver Woolcott
Jas. Smith Matthew Thornton Geo. Taylor
THE CONSTITUTION OF THE UNITED STATES
PREAMBLE
We, the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, pro- vide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
Article I
Section 1 — All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Sec. 2 — 1. The House of Representatives shall be composed of members chosen every second year by the people of the several States, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature.
2. No person shall be a Representative who shall not have at- tained to the age of twenty-five years, and been seven years a citi- zen of the United State:;, and who shall not, when elected, be an in- habitant of that State in which he shall be chosen.
3. Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, ac- cording to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Repre- sentatives shall not exceed one for every thirty thousand, but each State shall have at least one Representative; and until such enum- eration shall be made, the State of New Hampshire shall be entitled to choose 3; Massachusetts, 8; Rhode Island and Providence Plan- tations, 1; Connecticut, 5; New York, 6; New Jersey, 4; Pennsyl-
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Constitution of the United States 89
vania, 8; Delaware, 1; Maryland, 6; Virginia, 10; North Carolina, 5; South Carolina, 5; and Georgia, 3.*
4. When vacancies happen in the representation from any State, the Executive Authority thereof shall issue writs of election to fill such vacancies.
5. The House of Representatives shall choose their Speaker and other officers, and shall have the sole power of impeachment.
Sec. S — 1. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six years; and each Senator shall have one vote.*
2. Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year; of the second class at the expiration of the fourth year; and of the third class at the ex- piration of the sixth year, so that one-third may be chosen every second year, and if vacancies happen by resignation, or otherwise, during the recess of the Legislature of any State, the Executive thereof may make temporary appointments until the next meeting of the Legislature, which shall then fill such vacancies.*
3. No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen.
4. The Vice President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided.
5. The Senate shall choose their other officers, and also a Presi- dent pro tempore, in the absence of the Vice President, or when he shall exercise the Office of President of the United States.
6. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside; and no person shall be convicted without the con- currence of two-thirds of the members present.
7. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States; but the
* See Article XTV. Amentlnents.
* See Article XVII, Amendments
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party convicted shall nevertheless be liable and subject to indict- ment, trial, judgment, and punishment, according to law.
Sec. 4 — 1. The times, places, and manner of holding elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof, but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators.
2. The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.
Sec. 5 — 1. Each House shall be the judge of the elections, re- turns, and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller num- ber may adjourn from day to day, and may be authorized to com- pel the attendance of absent members, in such manner and under such penalties as each House may provide.
2. Each house may determine the rules of its proceedings, punish its members for disorderly behaviour, and, with the concurrence of two-thirds, expel a member.
3. Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the member? of either House on any question shall, at the desire of one-fifth of those present, be entered on the journal.
4. Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.
Sec. 6 — 1. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the Treasury of the United States. They shall in all cases, except treason, felony, and breach of peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House they shall not be questioned in any other place.
2. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States which shall have been created, or the emolu- ments whereof shall have been increased during such time; and no
Constitution of the United States 91
person holding- any office under the United States shall be a mem- ber of either House during his continuance in office.
Sec. 7 — 1. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments, as on other bills.
2. Every bill which shall have passed the House of Representa- tives and the Senate shall, before it becomes a law, be presented to the President of the United States ; if he approve, he shall sign it, but if not, he shall return it, with his objections, to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two-thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, ty which it shall likewise be reconsidered, and if approved by two-thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sun- days excepted) after it shall have been presented to him, the same shall he a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.
3. Every order, resolution, or vote to which the concurrence of Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two-thirds of the Senate and House of Representatives, accord- ing to the rules and limitations prescribed in the case of a bill.
Sec. 8 — 1. The Congress shall have power:
To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uni- form throughout the United States;
2. To borrow money on the credit of the United States;
3. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes;
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4. To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;
5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;
6. To provide for the punishment of counterfeiting the securities and current coin of the United States;
7. To establish postoffices and postroads ;
8. To promote the progress of science anr useful arts, by secur- ing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries;
9. To constitute tribunals inferior to the Supreme Court;
10. To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations ;
11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
12. To raise and support armies, hut no appropriation of money to that use shall be for a longer term than two years;
13. To provide and maintain a navy;
14. To make rules for the government and regulation of the land and naval forces;
15. To pi*ovide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions;
16. To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respec- tively the appointment of the officers and the authority of training the militia according to the discipline prescribed by Congress;
17. To exercise exclusive legislation in all cases whatsoever over such district (not exceeding ten miles square) as may, by cession of particular States and the acceptance of Congress, become the seat of the Government of the United States, and to exercise like au- thority over all places purchased by the consent of the Legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings; — and
18. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States, ®r in any department or officer thereof.
Constitution of the United States 93
gEC. 9 — i. The migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such im- portation, not exceeding ten dollars for each person.
2. The privilege of the writ of habeas corpus shall not be sus- pended, unless when in cases of rebellion or invasion the public safety may require it.
3. No bill of attainder or ex post facto law shall be passed.
4. No capitation or other direct tax shall be laid, unless in pro- portion to the census or enumeration hereinbefore directed to be taken/'
.".. No tax or duty shall be laid on articles exported from any State.
6. Xo preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another; nor shall vessels bound to, or from, one State be obliged to enter, clear, or pay duties in another.
7. No money shall be drawn from the Treasury but in conse- quence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.
8. No title of nobility shall be granted by the United States; and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolu- ment, office, or title, of any kind whatever, from any king, prince, or foreign state.
Sec. 10 — 1. No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit ; make anything but gold and silver coin a tender in payment of debts pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.
2. No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports except what may be abso- lutely necessary for executing its inspection laws; and the net pro- duce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the Treasury of the United States;
* S< e Article XVI, Amendmei
94 North Carolina Manual
and all such laws shall be subject to the revision and control of the Congress.
3. No State shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such im- minent danger as will not admit of delay.
Article II
Section 1 — 1. The Executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice President, chosen for the same term, be electer as follows:
2. Each State shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole num- ber of Senators and Representatives to which the State may be en- titled in the Congress ; but no Senator or Representative or person holding an office of trust or profit under the United States, shall be appointed an elector.
3. The electors shall meet in their respective States, and vote by ballot for two persons, of whom one at least shall not be an inhabi- tant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit, sealed, to the seat of the Government of the United States, directed to the Presi- dent of the Senate. The President of the Senate shall, in the pres- ence of the Senate and House of Representatives open all the cer- tificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there
te more than one who have such majority, and have an equal num- ber of votes, then the House of Representatives shall immediately
choose by ballot one of them for President; and if no person have
a majority, then from the five highest on the list the said House
shall in like manner choose the President. But in choosing the
President, the votes shall be taken by States, the representation
from each State having one vote; a quorum, for this purpose, shall
consist of a member or members from two-thirds of the States, and
a majority of all the States shall be necessary to a choice. In every
Constitution of the United States 95
case, after the choice of the President, the person having the great- est number of votes of the electors shall be the Vice President. But if there should remain two or more who have equal votes, the Sen- ate shall choose from them by ballot the Vice President.*
4. The Congress may determine the time of choosing the electors and the day on which they shall give their votes; which day shall be the same throughout the United States.
5. No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thir- ty-five years, and been fourteen years a resident within the United States.
6. In case of the removal of the President from office, or of his death, resignation or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President, and the Congress may by law provide for the case of removal, death, resig- nation, or inability, both of the President and Vice President, de- claring what officer shall then act as President, and such officer shall act accordingly until the disability be removed, or a Presi- dent shall be elected.
7. The President shall, at stated times, receive for his services a compensation which shall neither be increased nor diminished dur- ing the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United State •, or any of them.
8. Before he enter on the execution of his office, he shall take the following oath or affirmation:
"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect, and defend the Constitution of the United States."
Sec. 2 — 1. The President shall be Commander-in-Chief of the Army and Navy of the United States, and of the militia of the sev- eral States, when called into the actual service of the United States; he may require the opinion, in writing, of the principal of- ficer in each of the executive departments, upon any subject relat- ing to the duties of their respective offices; and he shall have power
This clause is superseded by Article XII, Amendments.
96 North Carolina Manual
to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.
2. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators pres- ent concur; and he shall nominate and, by and with the advice and consent of the Senate, shall appoint ambassadors, other public min- isters and consuls, judges of the Supreme Court, and all other of- ficers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law; but the Congress may by law vest the appointment of such inferior of- ficers as they think proper in the President alone, in the courts of law, or in the heads of departments.
3. The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commis- sions which shall expire at the end of their next session.
Sec. 3 — He shall from time to time give to the Congress infor- mation of the State of the Union, and recommend to their con- sideration such measures as he shall judge necessary and expe- dient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them with re- spect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faith- fully executed, and shall commission all the officers of the United States.
Sec. 4 — The President, Vice President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and mis- demeanors.
Article III
Section 1 — The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the Supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office.
Sec. 2 — 1. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United
Constitution of the United States 97
States, and treaties made, or which shall be made, under their authority; — to all cases affecting ambassadors, other public min- isters and consuls; to all cases of admiralty and maritime jurisdic- tion ; — to controversies to which the United States shall be a party; — to controversies between two or more States; — between a State and citizens of another State; — between citizens of different States; — between citizens of the same State claiming lands under grants of different States, and between a State, or the citizens thereof, and foreign States, citizens, or subjects.
2. In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regu- lations as the Congress shall make.
3. The trial of all crimes, except in cases of impeachment, shall he by jury, and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State the trial shall be at such place or places as the Congress may by law have directed.
Sec. 3 — 1. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
2. The Congress shall have power to declare the punishment of treason ; but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.
Article IV
Section 1— Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State. And the Congress may by general laws prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof.
Sec. 2—1. The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States.
2. A person charged in any State with treason, felony, or other
98 North Carolina Manual
crime, who shall flee from justice, and be found in another State, shall, on demand of the Executive authointy of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime.
'!. No person held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due.
Sec. 3 — 1. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States, or parts of States, without the con- sent of the Legislatures of the States concerned, as well as of the Congress.
2. The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Con- situation shall be so construed as to prejudice any claims of the United States, or of any particular State.
Sec. 4 — The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion, and, on application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic violence.
Article V The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the Legislatures of two-thirds of the several States, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the Legislatures of three-fourths of the several States, or by Conventions in three-fourths thereof, as the one or the other mode of ratification may be pro- posed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the Ninth Sec- tion of the First Article; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate.
Constitution of the United States
Article VI
1. All debts contracted and t igagements entered into before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
2. This Constitution and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
3. The Senators and Representatives before mentioned, and the members of the several State Legislatures, and all executives and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.
Article VII
The ratification of the Conventions of nine States shall be suf- ficient for the establishment of this Constitution between the States so ratifying the same.
Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September, in the Year of Our Lord one thousand seven hundred and eighty-seven, and of the In- ' .ependence of the United States of America the Twelfth. In witness whereof we have hereunto subscribed our names.
GEO. WASHINGTON, President and deputy from Virginia, New Hampshire — John Langdon, Nicholas Gilman, Massachusetts — Nathaniel Gorham, Rufus King, Connecticut — Wm. Saml. John- son, Roger Sherman, New York — Alexander Hamilton, New Jersey — Wil. Livingston, David Brearley, Wm. Patterson, Jona. Dayton, Pennsylvania — B. Franklin, Robt. Morris, Thos. Fitzsimmons, James Wilson, Thomas Mifflin, Geo. Clymer, Jared Ingersoll, Gouv. Morris, Delaware — Geo. Read, John Dickinson, Jaco. Broom, Gun- ning Bedford, Jr., Richard Bassett, Maryland — James McHenry, Danl. Carroll, Dan. of St. Thos. Jenifer, Virginia — John Blair, Jas. Madison, Jr., North Carolina — Wm. Blount, Hu. Williamson, Richd. Dobbs Spaight, South Carolina — J. Rutledge, Charles Pinckney, Charles Cotesworth Pinckney, Pierce Butler, Georgia — William Few, Abr. Baldwin. Attest: William Jackson, Secretary.
100 North Carolina Manual
The Constitution was declared in effect on the first Wednesday in March, 1789.
Amendments to the Constitution of the United States
The following amendments to the Constitution, Article I to X, inclusive, were proposed at the First Session of the First Congress, begun and held at the City of New York, on Wednesday, March 4, 1789, and were adopted by the necessary number of States. The original proposal of the ten amendments was preceded by this preamble and resolution :
"The conventions of a number of the States having, at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further de- claratory and restrictive clauses should be added, and as extend- ing the ground of public confidence in the Government will best insure the beneficent ends of its institution:
"RESOLVED, By the Senate and House of Representatives of
the United States of America, in Congress assembled, two-thirds
of both Houses concurring, that the following articles be proposed
to the Legislatures of the several States, as amendments to the
Constitution of the United States; all or any of which articles,
when ratified by three-fourths of the said Legislatures, to be valid
to all intents and purposes, as part of the said Constitution,
namely":
Amendments
the ten original amendments (Sometimes called our Bill of Rights) (Declared in force December 15, 1791)
Article I Congress shall make no law respecting an establishment of reli- gion, or prohibiting the free exercise thereof; or abridging the free- dom of speech or of the press ; or the right of the people peaceably to assemble, and to petition the Government for a redress of griev- ances.
Article II
A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.
Constitution of the United States 10.1
Article III
No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war but in a man- ner to be prescribed by law.
Article IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon prob- able cause, supported by oath or affirmation, and particularly de- scribing the place to be searched, and the persons or things to be seized.
Article V
No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Article VI In ail criminal prosecutions, the accused shall enjoy the right to a speedy, and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, whicli dis- trict shall have been previously ascertained by law, and to be in- formed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
Article VII In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved and no fact tried by a jury shall be otherwise re-examined in any court of the United States than according to the rules of the common law.
102 North Carolina Manual
Article VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unual punishments inflicted.
Article IX
The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.
Article X
The powers not delegated to the United States by the Constitu- tion, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Article XI
The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States, by citizens of another State, or by citizens or subjects of any foreign State.
(Proposed to the Legislatures of the several States by the Third Congress on the 5th of March, 1794, and declared to have been ratified by Executive Proclamation, January 8, 1798.)
Article XII
The electors shall meet in their respective States, and vote by ballot for President and Vice President, one of whom at least shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President, and in dis- tinct ballots the person voted for as Vice President; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes for each, which lists they shall sign and certify, and transmit, sealed, to the seat of the Government of the United States, directed to the President of the Senate; the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted; the person having the greatest number of votes for President shall be the President,
Constitution of the United States 103
if such number be a majority of the whole number of electors ap- pointed; and if no person have such majority, then from the per- sons having the highest numbers, not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President, when- ever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice President shall act as President, as in the case of the death or other constitutional dis- ability of the President. The person having the greatest number of votes as Vice President shall be the Vice President, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice President; a quorum for the purpose shall consist of two-thirds of the whole number of Sena- tors, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the. United States.
(Proposed by the Eighth Congress on the 12th of December, 1803, declared ratified by the Secretary of State, September 25, 1804. It was ratified by all the States except Connecticut, Delaware, Massa- chusetts, and New Hampshire.)
Article XIII
1. Neither slavery nor involuntary servitude, except as a pun- ishment for crime whereof the party shall have been duly con- victed, shall exist within the United States, or any place subject to their jurisdiction.
2. Congress shall have power to enforce this article by appropri- ate legislation.
(Proposed by the Thirty-eighth Congress on the 1st of February 1865, declared ratified by the Secretary of State, dated Decembei 18, 1865. It was rejected by Delaware and Kentucky; was condi-
104 North Carolina Manual
tionally ratified by Alabama and Mississippi; and Texas took no action.)
Article XIV
1. All persons born or naturalized in the United States, and sub- ject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or en- force any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for Pres- ident and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a State, or the mem- bers of the Legislature thereof, is denied to any of the male inhab- itants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participa- tion in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
3. No person shall te a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, hav- ing previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State Legisla- ture, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in in- surrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.
4. The validity of the public debt of the United States, author- ized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State
Constitution of the United States 105
shall assume or pay any debt or obligation incurred in aid of in- surrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obliga- tions, and claims shall be held illegal and void.
5. The Congress shall have power to enforce by appropriate leg- islation the provisions of this article.
(The Reconstruction Amendment, by the Thirty-ninth Congress on the 16th day of June, 1866, declared ratified by the Secretary of State. July 28, 1868. The amendment got the support of 23 North- ern States; it was rejected by Delaware, Kentucky, Maryland, and 10 Southern States. California took no action. Later it was ratified by the 10 Southern States.)
Article XV
1. The right of the citizens of the United States to vote shall not be denied or abridged by the United States or by any State on ac- count of race, color, or previous condition of servitude.
2. The Congress shall have power to enforce this article by ap- propriate legislation.
(Proposed by the Fortieth Congress the 27th of February, 1869, and was declared ratified by the Secretary of State, March 30, 1870. It was not acted on by Tennessee; it was rejected by Cali- fornia, Delaware, Kentucky, Maryland and Oregon; ratified by the remaining 30 States. New York rescinded its ratification Jan- uary 5, 1870. New Jersey rejected it in 1870, but ratified it in
1871.)
Article XVI
The Congress shall have power to lay and collect taxes on in- comes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.
(Proposed by the Sixty-first Congress, July 12, 1909, and de- clared ratified February 25, 1913, The income tax amendment was ratified by all the States except Connecticut, Florida, Pennsyl- vania, Rhode Island, Utah, and Virginia.
Article XVII
1. The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six
106 North Carolina Manual
years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislatures.
2. When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies; Provided, That the Legislature of any State may empower the Executive thereof to make temporary appointments until the people fill the vacancie*s by election as the Legislature may direct.
3. This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.
(Proposed by the Sixty-second Congress on the 16th day of May, 1912, and declared ratified May 31, 1913. Adopted by all the States except Alabama, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Rhode Island, South Carolina, Utah and Virginia.)
Article XVIII
1. After one year from the ratification of this article the manu- facture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.
2. The Congress and the Several States shall have concurrent power to enforce this article by appropriate legislation.
3. This article shall be inoperative unless it shall have been rati- fied as an amendment to the Constitution by the Legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Con- gress.
(Proposed by the Sixty-fifth Congress, December 18, 1917, and ratified by 36 States; was declared in effect on January 16, 1920.)
Article XIX
1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.
Constitution of the United States 107
2. Congress shall have power, by appropriate legislation, to en- force the provisions of this article.
(Proposed by the Sixty-fifth Congress. On August 26, 1920, it was proclaimed in effect, having been ratified (June 19, 1919 — August 18, 1920) by three-quarters of the States. The Tennessee House, August 31st, rescinded its ratification, 47 to 24.)
Article XX
1. The terms of the President and Vice President shall end at noon on the 20th day of Januaiy, and the terms of Senators and Representatives at noon on the 3rd day of January of the years in which such terms would have en red if this article had not been ratified; and the terms of their successors shall then begin.
2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3rd day of January, unless they shall by law appoint a different day.
3. If, at the time fixed for the beginning of the term of the Pres- ident, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the Presi- dent elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, de- claring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act ac- cordingly until a President or Vice President shall have qualified.
4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have de- volved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President when- ever the right of choice shall have devolved upon them.
5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.
6. This article shall be inoperative unless it shall have been rati- fied as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.
108 North Carolina Manual
(Proposed by the 72nd Congress, First Session. On February 6, 1933, it was proclaimed in effect, having been ratified by thirty- nine States.)
Article XXI
1. The eighteenth article of amendment to the Constitution of the
United States is hereby repealed.
2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.
3. This article shall be inoperative unless it shall have been rati- fied as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Con- gress.
(Proposed by the 72nd Congress, Second Session. Proclaimed in effect on December 5, 1933, having been ratified by thirty-six States. By proclamation of the same date, the President proclaimer that the eighteenth amendment to the Constitution was repealed: on December 5, 1933.)
PART II CENSUS
POPULATION OF THE STATE OF NORTH CAROLINA
Sixteenth Census of the United States: 1940
Between 1930 and 1940 North Carolina's urban places continued to grow faster than the rural areas, according to the final figures from the Sixteenth Decennial Census, issued by Director William Lane Austin, of the Bureau of the Census, Department of Com- merce.
The final count of the Sixteenth Census showed that on April 1, 1940, North Carolina had a population of 3,571,623, an increase of 401,347 over the 3,170,276 residents reported in the 1930 Census. This change represents an increase of 12.7 per cent as compared with 23.9 per cent between 1920 and 1930. The population increase in urban areas from 1930 to 1940 was 20.3 per cent as compared with 10.0 per cent in the rural sections. Urban residents accounted fo>: 27.3 per cent of the State's population in 1940, as compared with 25.5 per cent in 1930. In 1940, residents of urban areas num- bered 974,175, while the rural population amounted to 2,597,448. The Census Bureau considers as urban areas the incorporated places of 2,500 or more. The remaining territory is classified as rural.
There were 26 incorporated places of 10,000 or more in North Carolina, 5 (Burlington, Greenville, Hickory, Lexington, and Reidsville) having reached this size since 1930. All but one (New Bern) of these cities increased between 1930 and 1940, Hickory having had the most rapid growth (83.2 per cent).
Ninety-one of the 100 counties gained population between 1930 and 1940. Alamance County, with an increase of 36.3 per cent, had the most extensive growth.
The first census of North Carolina was taken in 1790, returning a population of 393,751. The population has shown an increase at every census since that time, but the rate of increase during the past decade was the lowest since that of 1860 to 1870. The popula- tion passed 1,000,000 between 1860 and 1870, 2,000,000 between 1900 and 1910, and 3,000,000 between 1920 and 1930. The present population represents a density of 72.7 inhabitants per square mile. North Carolina's total land area is 49,142 square miles.
Table 1 presents the figures for counties and for incorporated places of 10,000 or more, and Table 2 for incorporated places of less than 10,000.
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North Carolina Manual
TABLE 1. POPULATION OF COUNTIES AND OF INCORPORATED PLACES OF 10,000 OR MORE IN NORTH CAROLINA: 1940
County or Place
TotStatb
Urban
Rural --
Per Cent Urban.
Cocntie8:
Alamance
Alexander
Alleghany
Anson
Ashe
Avery
Beaufort
Bertie ----
Bladen...
Brunswick
Buncombe
Burke
Cabarrus
Caldwell
Camden
Carteret
Caswell
Catawba
Chatham
Cherokee
Chowan
Clay
Cleveland
Columbus
Craven
Cumberland
Currituck
Dare
Davidson
Davie
Duplin
Durham
Edgecombe
Forsyth.
Franklin
Gaston
Gates
Graham
Granville
Greene
Population 1940
3,571,623
974,175
2,597,448
27.3
57,427 13,454 8,341 28,443 22,664
13,561 36,431 26,201 27,156 17,125
108,755
38.615
59.393
35,795
5,440
18,284 20,032 51,653 24,726 18,813