North Carolina. Secretary of State.

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i|u ires i hai

"There shall be a seal of the State which 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 '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
i olony and State.

The present Great Seal of the State of North Carolina is de-
scribed as follows:

"The Creat 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. hi the exergon is inserted the words May 20, 1775,
above the coat of arms. Around the circumference is the legend
'The Creat 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.)



38



THE STATE BIRD

By popular choice the Cardinal was selected for adoption as
our State Bird as of March 4, 1943. (S. L. 1943 c. 595; G. S.
145-2).

This bird is sometimes called the Winter Redbird because it is
most conspicuous in winter and is the only "redbird" present al
that season. It is an all year round resident and one of the com-
monest birds in our gardens and thickets. It is about the size of a
Catbird with a longer tail, red all over, except that the throat and
region around the bill is black; the head is conspicuously crested
and the large stout bill is red; the female is much duller — the red
being mostly confined to the crest, wings and tail. There are no
seasonal changes in the plumage.

The Cardinal is a fine singer, and what is unusual among birds
the female is said to sing as well as the male, which latter sex
usually has a monopoly of that art in the feathered throngs.

The nest is rather an untidy affair built of weed stems, grass
and similar materials in a low shrub, small tree or bunch of briars,
usually not over four feet above the ground. The usual number
of eggs to a set is three in this State, usually four further North.
Possibly the Cardinal raises an extra brood down here to make
up the difference, or possibly he can keep up his normal population
more easily here through not having to face inclement winters
of the colder North. A conspicuous bird faces more hazards.

The cardinal is by nature a seed eater, but he does not dislike
small fruits and insects.



41



THE HALIFAX RESOLUTION

Adopted by the Provincial Congress of North Carolina in Session

al Halifax, April 12, 1776.

"The Select Committee taking into Consideration the usurpa-
tions and violences attempted and committed by the King and
Parliamenl of Britain against America, and the further Measures
to be taken for frustrating the same, and for the better defence of
this province reported as follows, to wit,

"It appeals to your Committee that pursuant to the Plan con-
certed by the British Ministry for subjugating America, the King
and Parliamenl of Great Britain have usurped a Power over the
Persons and Properties of the People unlimited and uncontrouled;
and disregarding their humble Petitions for Peace, Liberty and
safety, have made divers Legislative Acts, denouncing War Fam-
ine and every Species of Calamity against the Continent in Gen-
eral. That British Fleets and Armies have been and still are
daily employed in destroying the People and commiting the most
horrid devastations on the Country. That Governors in different
Colonies have declared Protection to Slaves who should imbrue
their Hands in the Blood of their Masters. That the Ships belong-
ing to America are declared prizes of War and many of them have
been violently seized and confiscated in consequence of which
multitudes of the people have been destroyed or from easy Cir-
cumstances 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
Country 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

"Resolved that the delegates for this Colony in the Continental
Congress he impowered to concur with the delegates of the other
Colonies in declaring Independency, and forming foreign Alli-
ances, reserving to this Colony the Sole, and Exclusive right of
forming a Constitution and Laws for this Colony, and of appoint-
ing delegates From time to time (under the direction of a general
Representation thereof) to meet the delegates of the other Col-
onies for such purposes as shall be hereafter pointed out."



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 Souuth Carolina and the northern or older settlement was
called North Carolina, or the "Old North State." Historians had
recorded 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 that 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 Stat.'
motto. It is found in Cicero in his essay on Friendship (Cicero de
Amicitia, Chap. 26)

43



1 1 North C vhoi i \ \ M \\r.\i.

It is a little singular thai until the act of 1893 the sovereign
State of North Carolina had no motto since its declaration of in-
dependence. It was our of the verj few states which did not have
;; motto and the only one of the original thirteen without one.
I Rev., s 5320; 1893, c. 1 15; G. S. 144-2.)

The State Colors

The General Assembly of L945 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.)

The State Flower

The General Assembly of 1941 designated the dogwood as the
State flower. (Public Laws. mil. c. 289; G. S. 145-1.)

The State Song

The song known as "The Old North State" was adopted as the
official sons; of the State of North Carolina by the General Assem-
bly of L927. I Public Laws. 1927. c. 26; G.S. 149-1).

The State Shell

The Genera] Assembly of 1965 designated the Scotch Bonnet
as the State Shell. (Session Laws, 1965, c. 681).

The State Tree

The pine was officially designated as the State tree by the General
Assembly of L963. (Session Laws, 1963, c. 41).

The State Toast

Officially adopted as the toast of North Carolina by the General
Assembly of 1957. (Session Laws, 1957. c. 777 I.

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!

Here's to the land of the cotton bloom white.
Where the scuppernong perfumes the breeze at night,
Where the soft southern moss and jessamine mate,
'Neath the murmuring pines of the Old North State!



Public Holidays 45

Here's to the land where the galax grows,
Where the rhododendron's rosette glows.
Where soars Mount Pditchell's summit great.
In the "Land of the Sky," in the Old North State!

Here's to the land where maidens are fair,
Where friends are true and cold hearts rare,
The near land, the dear land whatever fate,
The blest land, the best land, the Old North State!

(Composed in 1904 &2/ Leonora Martin and Mary Burke Kerr.)

Public Holidays

January 1 — New Year's Day.

January 19 — Birthday of General Robert E. Lee.

February 22 — Birthday of George Washington.

Easter Monday. (Applies to State and National Banks only).

April 12 — Anniversary of the Resolutions adopted by the Pro-
vincial Congress of North Carolina at Halifax, April 12, 1776,
authorizing 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."

May 30 — Memorial Day (Applies to State and National Banks
only)

July 4 — Independence Day.

September, first Monday — Labor Day.

November, Tuesday after first Monday — General Election Day.

November 11 — Veterans Day.

November, Fourth Thursday — Thanksgiving Day.

By joint Resolution No. 41 of Congress, approved by the Presi-
dent December 26, 1941, the fourth Thursday 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.

(G.S. 103-4).



46 Noktii C vroi i \ a Manual

Population of the State Since 1675

1675 (Estimated) 4,000

1701 (Estimated) 5,000

1707 (Estimated) . 7,000

1715 (Estimated) 11,000

172-9 (Estimated) 35,000

1752 (Estimated) 100,000

17G5 (Estimated) 200,000

1771 __ . (Estimated) 250,000

1786 (Estimated) 350,000

1790 (Census) 393,751

1800 (Census) 47S.103

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) 1,617,947

1900 __ (Census) 1,893,810

1910 (Census) _ 2,206,287

1920 (Census) 2,559,12-3

1930 (Census) 3,170,276

1940 (Census) 3,571,623

1950 (Census) 4,061,929

1960 (Census) 4,556,155



THE OLD NORTH STATE



(Traditional air as sung in 1928)



William Gaston

With spirit



Collected and abbangui
bt Mas. E. E. Randolph




1 . Car - o - li - na! Car

2. Tho' she en - vies not

3. Then let all those who



li - nal heav-en's bless-ings at - tend her,
oth - ers, their mer - it - ed glo - ry,
love us, love the land that we live hi,




While we live we willcher - ish, pro - tect and de- fend her, Tho' the
Say whose name stands the fore - most, in lib - er - ty'ssto - ry, Tho' too

As hap - py a re - gion as on this side of heav-en, Where




IB







scorn - er may sneer at and wit - lings 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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t= 4 |_^l



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I f i =£^=3



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Chobus



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glad - ness when ev • er we name her.

rule » more loy - al sub-mis-sion. Hur - rahl

geth • er the heart thrill - ing cho-rus.



Hur - rahl



the




Old North State for - ev

-ft m— r*-



Hur ■• rahl

19-



Hur-rahl the good Old North State.







CONSTITUTION

OF THE

STATE OF NORTH CAROLINA



PREAMBLE



We, the people of the State of North Carolina, grateful to Almighty
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 con-
tinuance of those blessings to us and our posterity, do, for the more
certain security thereof, and for the better government 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
endowed 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 regulat-
ing the internal government and police thereof, and of altering and
abolishing their Constitution and form of government whenever
it may be necessary to their safety and happiness; but every such

in



50 Xoin ii (' \i:oi i \ \ M w i \i.

right should be exercised in pursuance of law. and consistently
with the Constitution of the United States.

Sec. 4 That there is no right to secede. That this State shall
evei remain a member of the American Union; that the people
thereof arc 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, oughl to be resisted with the whole power

of the State.

Sec. r>. 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 Conven-
tion 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 submitted 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.



Constitution

Sec. 8. The legislative, executive and judicial poivers distinct.
The legislative, executive, and supreme judicial powers of the
government ought to be forever separate and distinct from each
other.

Sec. 9. Of the power of suspending laws. All power of suspend
ing laws, or the execution of laws, by any authority, without the
consent of the representatives of the people, is injurious to their
rights, and ought not to be exercised.

Sec. 10 Elections 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. Ansxcers to criminal charges. No person shall be put
to answer any criminal charge except as hereinafter allowed, but
by indictment, presentment, or impeachment. But any person,
when represented by counsel, may, under such regulations as the
Legislature shall prescribe, waive indictment in all except capital
cases.

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 court. 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 offi-
cer 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 in
be granted.

Sec. 16. Imprisonment for debt. There shall be no imprison-
ment for debt in this State, except in cases of fraud.



52 Xoki ii (' \i:oi.i \ a M \ \iai.

Sec. 17. No persons taken, etc., but by law of land. No person
ought lo be taken, imprisoned or disseized of his freehold, liber-
ties, or privileges, or outlawed or exiled, or in any manner deprived
of his life, liberty or property, but by fhe law of the land.

Sec. is. 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. lit. Controversies at law respecting property. In all con-
troversies at law respecting property, the ancient mode of trial
by jury is one of the best securities of the rights of the people,
and ought to remain sacred and inviolable. 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 privilege 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
impost or duty without the consent of themselves, or their repre-
sentatives 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



Constitution 53

good, to instruct their representatives, and to apply to the Legis-
lature for redress of grievances. But secret political societies are
dangerous 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 a right to the privilege of
education, and it is the duty of the State to guard and maintain
that right.

Sec. 28. Elections should be frequent. For redress of grievances,
and for amending 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 previous-
ly 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 reputation, shall have remedy by due course of law, and righl
and justice administered without sale, denial, or delay.



5 I NOR! 11 (' Mini I \ A MAN! M

Sec. 36. Soldiers in time o) peace. No soldier shall, in time of
peace, be quartered in any house without the consent of the owner;
nor in time o\' war but in a manner prescribed by law.

Sec. 37. Treason against the state. Treason against the State
sail consist only in levying war against it or adhering to its enemies,
giving them aid and comfort. No person shall be convicted of trea-
son unless on the testimony of two witnesses to the same overt act,
or on confession in open court. No conviction of treason or attainder
shall work corruption of blood or forfeiture.

Sec. 38. 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



Online LibraryNorth Carolina. Secretary of StateNorth Carolina manual [serial] (Volume 1967) → online text (page 4 of 59)