North Carolina. Secretary of State.

North Carolina manual [serial] (Volume 1967) online

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prison or penitentiary at some central and accessible point within
the State.

Sec. 4. Houses ul correction. The General Assembly may pro-
vide for the erection of houses of correction, where vagrants and
persons guilty of misdemeanors shall be restrained and usefully

Sec, 5. Houses ol refuae. A house or houses of refuge may b<

m; Xm; in Carolina M \ \r ai.

established whenever the public interests may require it. for the
correction and instruction of other classes of offenders

Sec. 6. The sexes arc to be separated. It shall lie required, by
competent legislation, thai the structure and superintendence of
penal institutions of the State, the county jails, and city police
prisons secure the health and comfort of the prisoners and that
male and female prisoners be never confined in the same room or

Sec. 7. Provision for the poor ami orphans. Beneficent provi-
sions for the poor, the unfortunate and orphan, being one of the
first duties of a civilized and Christian slate, the General Assem-
bly shall, at its first Session, appoint and define the duties of a
Hoard 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 lie 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 approve 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
and charitable institutions should be made as nearly self-support ina
is is consistent with the purposes of rheir creation.


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Section 1. Who are liable to militia duty. All able-bodied male
citizens of the State of North Carolina, between the ages of
twenty-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 -hall be
commander-in-chief, and shall have power to call out the militia to
execute the law, suppress riots or insurrections, and to reppl inva-

Sec. 4. Exemptions. The General Assembly shall have puvver to
make such exemptions as may be deemed necessary, and to enact
laws that may be expedient for the government of the militia.



Section 1. Convention, hoic 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
liouse 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
be prescribed by law. And should a majority of the votes cast be
in favor of said convention, it shall assemble on such day i- may
be prescribed by the General Assembly.

Sec. 2. How the Constitution may oe 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 cast, such amendment or amendments shall become a
part of the Constitution of this State.



Section 1. Indictments. All indictments which shall have been
found or may hereafter be found for any crime or offense com-

SS \'<>i: in (' VROLINA Mam \i

milted before this Constitution lakes effect, may be proceeded upuii
in Uk> 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
fighl 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
Stale to fighl a duel, shall hold any office in this State.

Sec. :',. Drawing money. No money shall he drawn from the
Treasurer but in consequence of appropriations made by law; and
an accurate account of the receipts and expenditures of the public
money shall he 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 officers are elective, until their successors shall have been
chosen and duly qualified according to the provisions of this Con-

Sec. 6. Heat of Government. The permanent seat of Government
in this State shall be at the City of Raleigh.

Sec. 7. hunt office-holding. 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-
enment. shall hold or exercise any other office or place of trust or
profit under the authority of this State, or he 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, commissioners of public charities, or commissioners for
special purposes.

Sec. b. 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,
inclusive, are hereby forever prohibited.

i f4 ■-' •

\ choWan 1 r 1 *

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I believe in the United States of America, as a government of
the people., by the people, for the people; whose just powers are
derived from the consent of the governed; a democracy in a re-
public; 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 sacrificed 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

(The American's Creed by William Tyler Page was adopted by
an act of Congress, April 6. 1918.)


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, Washington
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-

The beautiful tradition that Betsy Ross, as early as June 1776,
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:

"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."


92 North Carolina Manual

This action was necessitated by the admission of the States of
Vermont and Kentucky to the Union.

The flag of 1795 had the stars arranged in three rows of live
each instead of in a circle, and served for 2 3 years.

With the admission of more new states, however, it became
apparent that the 1795 Hag 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 Hag
of the United States be thirteen horizontal stripes, alternate 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 Hag; and that such addition
shall take effect on the Fourth of July next succeeding such

Since 1818 additional stars have been added until today there
are 50 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 they form five rows of six stars each and four
rows of five stars each.

Betsy Ross, it is now said, lived at 233 Arch Street, Philadel-
phia, and not at 239. She made flags, but says Theodore D. Gott-
lieb, she never made the first Stars and Stripes. He adds: "The
Department of State, the War and Navy departments, the Histori-
cal Sites Commission of Philadelphia and other official bodies
repudiate the legend. The book and pamphlet material available
is overwhelmingly against the legend.

"The story arose for the first time on March 14, 1870, when
William J. Canby read a paper before the Pennsylvania Historical
Society in which he states that in 183 6, when his grandmother,
Betsy Ross, was 8 4 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

"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

The Am erica n Flag 93

"The legend grew to strength from 1888 to 1893 when pro-
motors 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

(The United States Code, 1958)
(Chapter 10, Sections 171-172, 174-178)

Sec. 171. When the national anthem is played and the flag is
not displayed, all present should stand and face toward the music.
Those in uniform should salute at the first note of the anthem,
retaining this position until the last note. All others should stand
at attention, men removing the headdress. When the flag is dis-
played, all present should face the flag and salute.

Sec. 17 2. The following is designated as the pledge of allegiance
to the flag: "I pledge allegiance to the flag of the United States
of America and to the Republic for which it stands, one Nation,
under God, indivisible, with liberty and justice for all.*' Such
pledge should be rendered by standing w T ith the right hand over
the heart. 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 in uniform shall render
the military salute.

Sec. 174. (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 patriotic effect.

(b) The flag should be hoisted briskly and lowered ceremon-

(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, Jan. 20; Lincoln's Birthday, February 12;
Washington's Birthday, February 22; Army Day, April 6; Easter
Sunday (variable); Mother's Day, second Sunday in May; .Me-

'.' I North C u:"i i n \ Maxuai

morial 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; Veteran's Day, November 11; Thanks
giving Day. fourth Thursday in November; Christmas Day, Decem-
ber 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 in-

(f) The flag should be displayed in or near every polling plac*
on election days.

(g) The flag should be displayed during school days in or
near every schoolhouse.

Sec. 17 5. The flag, when carried in a procession with another
flag or flags, should be 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
except from a staff, or as provided in subsection (i) of this

(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
chaplains at sea, when the church pennant may be flown above
the flag during the church services for the personnel of the Navy.

No person shall display the flag of the United Nations or any
other national or international flag equal, above or in a position
of superior prominence or honor to or in place of, the flag of the
United States at any place within the United States or any Terri-
tory or possession thereof: Provided. That nothing in this section
shall make unlawful the continuance of the practice heretofore
followed of displaying the flag of the United Nations in a posi-

The Americas Fia« 9;'.

Lion of superior prominence or honor, aiul other national Hag?
in positions of equal prominence or honor, with that of the flap
of the United States at the Headquarters of the United Nations.

(d I 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 the
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
societies are found on the same halyard with the flag of the
United States, the latter should always be at the peak. When
the flags 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, balcony, 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 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.i When the flag is displayed otherwise than by being flown
from a staff., it should be displayed flat, whether indoors or out.
or so suspended that its folds fall as free as though the flag were

(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.

!lfi N'llK III ( ' Mini I \ \ M S \ I M

(k) When used on a speaker's platform, the flag, if displayed
flat, should be displayed above and behind ihe speaker. When
displayed from a staff in a church or public auditorium, if it
is displayed in the chancel of a church, or on the speaker's plat-
form 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 chancel or on the platform should be placed at the clergy-
man'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 be placed in the position of honor at the right of the con-
gregation or audience as they face the chancel or platform. Any
other flag so displayed should be placed on the left of the con-
gregation or audience as they face the chancel or platform.

(1) The flag should form a distinctive feature of the cere-
mony 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 lowering the
flag to one-half the distance between the top and bottom of the
staff. Crepe streamers may be affixed to spear heads or flagstaffs
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
placed that the union is at the head and over the left shoulder.
The flag should not be lowered into the grave nor allowed to
touch the ground.

Sec. 176. 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 organization
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.

The American Flag ;»;

(c) The flag should never be carried flat or horizontally, but
always aloft and free.

(d) The flag should never be used as drapery of any sort
whatsoever, never festooned, drawn back, nor up, in folds, but
always allowed to fall free. Bunting of blue, white and red, always
arranged 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 piatform, 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 damaged 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 any
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. 177. During the ceremony of hoisting or lowering the
flag 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 military
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 should salute in the same
manner. Aliens should 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.

North Cabuj i n \ Manuai

Se< ITn Any rule or custom pertaining to the display of the
flag of the United States of America, set forth in sections 171-178
of this title, 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 alfpra-
tion 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 under God, indivisible.
With liberty and justice for all."

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
Philadelphia, 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 Jersey
and then in Pennsylvania. He died in Philadelphia (May 9, 17 91).
His portrait, painted by himself, hangs in the rooms of the Penn-
sylvania Historical Society, Philadelphia. He played the organ and


The Capitol building in Washington, D. C. ( is situated on i
plateau 88 feet above the level of the Potomac River and covers
an area of 153,112 square feet, or approximately three and one-
half acres. Its length, from north to south, is 7 51 feet, four inches;
its width, including approaches, is 350 feet; and its location is
described as being in latitude 38°53'20.4" N. and longitude
70 e 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.

Online LibraryNorth Carolina. Secretary of StateNorth Carolina manual [serial] (Volume 1967) → online text (page 8 of 59)