North Carolina. Secretary of State.

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Delaware — Geo. Read, John Dickinson, Jaco. Broom, Gunning Bed-
ford, 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.

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 extending
the ground of public confidence in the Government will best insure
the beneficent ends of its institution:



116 North Carolina Manual

"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 Con-
stitution 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 re-
ligion, or prohibiting the fi-ee exei'cise thereof; or abridging the
freedom of speech or of the press; or the right of the people
peaceably to assemble, and to petition the Government for a re-
dress of grievances.

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.

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 dc-



Constitution of the United States 117

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 in-
famous 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, lib-
erty, or property, without due process of law; nor shall private
property be taken for public use, without just compensation.



Article VI

In all 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, which dis-
trict shall have been previously ascertained by law, and 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 com-
mon law.



Article VIII

Excessive bail shall not be required, nor excessive fines imposed,
nor cruel and unusual punishments inflicted.



118 North Carolina Manual

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 persons 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, if such number be a majority of the whole number of
electors appointed; and if no person have such majority, then from
the persons having the highest numbers, not exceeding three on the
list of those voted for as President, the House of Representatives



Constitution of the United States 119

shall choose immediately, by ballot, the President. But in choosing
the President, the votes shall be taken by States, the representa-
tion 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, whenever 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 disability 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 Senators, and a majority of the
whole number shall be necessary to a choice. But no person consti-
tutionally 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, Dela-
ware, Massachusetts, 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 appro-
priate legislation.

(Proposed by the Thirty-eighth Congress on the 1st of February,
1865, declared ratified by the Secretary of State, December 18,
1865. It was rejected by Delaware and Kentucky; was condi-
tionally ratified by Alabama and Mississippi; and Texas took no
action.)



120 North Carolina Manual

Article XIV

1. All persons born or naturalized in the United States, and
subject 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 privileji:es or immunities of
citizens of the United States; nor shall any State deprive any per-
son 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 appoi'tioned 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
President and Vice President of the United States, Representatives
in Congress, the executive and judicial officers of a State, or the
members of the Legislature thereof, is denied to any of the male
inhabitants of such State, being twenty-one years of age, and citi-
zens of the United States, or in any way abridged, except for
participation in rebellion or other crime, the basis of representa-
tion therein shall be reduced in the proportion which the number
of such male citizens shall bear to the whole number of male citi-
zens twenty-one years of age in such State.

3. No person shall be 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,
having previously taken an oath, as a member of Congress, or as
an officer of the United States, or as a member of any State Legis-
lature, or as an executive or judicial officer of any State, to support
the Constitution of the United States, shall have engaged in insur-
rection 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
shall assume or pay any debt or obligation incurred in aid of in-
surrection or rebellion against the United States, or any claim for



Constitution op the United States 121

the loss of 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
legislation the provisions of this article.

(The Reconstruction Amendment, by the Thirty-ninth Congress
on the 16th day of June, 1866, was declared ratified by the Secre-
tary of State, July 28, 1868. The amendment got the support of 2S
Northern 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
account of race, color, or previous condition of servitude.

2. The Congress shall have power to enforce this article by
appropriate 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 California,
Delaware, Kentucky, Maryland and Oregon; ratified by the remain-
ing 30 States. New York rescinded its ratification January 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 enumera-
tion.

(Proposed by the Sixty-first Congress, July 12, 1909, and declared
ratified February 25, 1913. The income tax amendment was ratified
by all the States except Connecticut, Florida, Pennsylvania, 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



122 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 Lejiislatures.

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 Legis-
lature of any State may empower the Executive thereof to make
temporary appointments until the people fill the vacancies by
election as the Legislature may direct.

3. This amendment shall not be so construed as to aff'ect 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 bev-
erage 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
ratified 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
Congress.

(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 123

2. Congress shall have power, by appropriate legislation, to
enforce 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 January, and the terms of Senators and
Representatives at noon on the 3rd day of January of the years
in which such terms would have ended 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, un-
less they shall by law appoint a different day.

3. If, at the time fixed for the beginning of the term of the
President, 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 President elect shall have failed to qualify, then the Vice
President elect shall act at 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 quali-
fied, declaring who shall then act at President, or the manner in
which one who is to act shall be selected, and such person shall act
accordingly, 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 riglit of choice shall have
devolved upon them, and for the case of the death of any of the
persons from whom the Senate may choose a Vice President when
the right of choice shall have devolved upon them.

5. Section 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
ratified as an amendment to the Constitution by the legislatures



124 North Carolina Manual

of three-fourths of the several States within seven years from the
date of its submission.

(Proposed by the 72nd Congress, PMrst 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
ratified as an amendment to the Constitution by convention in the
several States, as provided in the Constitution, within seven years
from the date of the submission hereof to the States by the Congress.

(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 proclaim-
ed that the eighteenth amendment to the Constitution was repealed
on December 5, 1933.)

Article XXII

1. No person shall be elected to the office of the President more
than twice, and no person who has held the office of President,
or acted as President, for more than two years of a term to which'
some other person was elected President shall be elected to the
office of the President more than once. But this article shall not
apply to any person holding the office of President when this
article was proposed by the Congress, and shall not prevent any
person who may be holding the office of President, or acting as
President, during the term within which this article becomes op-
erative from holding the office of President or acting as President
during the remainder of such term.

2. This article shall be inoperative unless it shall have been
ratified as an amendment to the constitution by the legislatures



Constitution of the United States 125

of three-fourths of the several States within seven years from the
date of its submission to the States by the congress.

(Proposed by the 80th Congress in 1947 and became effective on
Feb. 26, 1951, having been ratified by thirty-six States.)



Article XXIII

1. The District constituting the seat of Government of the United
States shall appoint in such manner as the Congress may direct:

A number of electors of President and Vice President equal to
the whole number of Senators and Representatives in Congress to
which the District would be entitled if it were a State, but in no
event more than the least populous State; they shall be in addition
to those appointed by the States, but they shall be considered, for
the purpose of the election of President and Vice President, to be
electors appointed by a State; and they shall meet in the District
and perform such duties as provided by the twelfth article of
amendment.

2. The Congress shall have power to enforce this article by
appropriate legislation.

(Proposed by the 86th Congress in June of 1960 and ratified by
the 38th State, March 29, 1961 and proclaimed a part of the Con-
stitution, April 3, 1961.)



Article XXIV

1. The right of citizens of the United States to vote in any
primary or other election for President or Vice President, for
electors for President or Vice President, or for Senator or Repre-
sentative in Congress, shall not be denied or abridged by the
United States or any State by reason of failure to pay any poll tax
or other tax.

2. The Congress shall have power to enforce this article by
appropriate legislation.

(Proposed by the 87th Congress, August 27, 1962 and ratified by
the 38th State, January 23, 1964.)



126 North Carolina Manual

Article XXV

1. In case of tlie removal of the President from office or of
his death or resignation, the Vice President shall become Presi-
dent.

2. Whenever there is a vacancy in the office of the Vice Presi-
dent, the President shall nominate a Vice President who shall
take office upon confirmation by a majority vote of both Houses
of Congress.

3. Whenever the President transmits to the President pro
tempore of the Senate and the Speaker of the House of Repre-
sentatives his written declaration that he is unable to discharfje
the powers and duties of his office, and until he transmits to them
a written declaration to the contrary, such powers and duties
shall be discharged by the Vice President as Acting President.

4. Whenever the Vice President and a majority of either the
principal officers of the executive departments or of such other
body as Congress may by law provide, transmit to the President
pro tempore of the Senate and the Speaker of the House of Repre-
sentatives their written declaration that the President is unable
to discharge the powers and duties of his office, the Vice President
shall immediately assume the powers and duties of the office as
Acting President.

Thereafter, when the President transmits to the President pro
tempore of the Senate and the Speaker of the House of Repre-
sentatives his written declaration that no inability exists, he shall
resume the powers and duties of his office unless the Vice Presi-
dent and a majority of either the principal officers of the execu-
tive department or of such other body as Congress may by law
provide, transmit within four days to the President pro tempore
of the Senate and the Speaker of the House of Representatives
their written declaration that the President is unable to dis-
charge the powers and duties of his office. Thereupon Congress
shall decide the issue, assembling within forty-eight liours for
that purpose if not in session. If the Congress, within twenty-
one days after receipt of the latter written declaration, or, if
Congress is not in session, within twenty-one days after Congress
is required to assemble, determines by two-thirds vote of both



Constitution of the United States 127

Houses that the President is unable to discharge the powers and
duties of his office, the Vice President shall continue to discharge
the same as Acting President ; otherwise, the President shall resume
the powers and duties of his office.

(Submitted to the Legislatures of the fifty States July 6, 1965.
Ratified by the 38th State (Nevada) February 10, 1967.)



PART n
CENSUS



POPULATION OF THE STATE OF
NORTH CAROLINA

Nineteenth Census of the United States: 1970

The population of North Carolina's urban places continued to
grow faster than that of the rural areas between 1960 and 1970,
according to the nineteenth decennial census, issued by George H.
Brown, Director of the Bureau of the Census, Department of
Commerce.

Final figures show that the urban population increased from
1,801,921 in 1960 to 2,285,168 in 1970, or 22.2 per cent, while the
rural population increased from 2,754,234 in 1960 to 2,796,891 in
1970 or an increase of only 1.5 percent. The final count of the
Nineteenth Census for the State on April 1, 1970, was 5,082,059
compared to 4,556,155 in 1960, or an increase of 11.5 per cent.
Urban residents accounted for 45 per cent of the State's popu-
lation in 1970 as compared with 39.5 per cent in 1960. Rural areas
in 1970 accounted for 55 per cent of the total population. The
Census Bureau considers as urban areas the incorporated places
of 2,500 or more, or unincorporated places of 2,500 or more located
outside urbanized areas. The remaining territory is classified as
rural.

There were 38 incorporated places of 10,000 or more in 1970.
Three of these (Asheboro, Eden and Morganton) reached that
size since 1960. Charlotte remains the State's largest city with



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