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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.)



* See Chapter 167 of the 1971 Session Laws for Description of the Great Seal,
effective January 1, 1972.



41



THE HALIFAX RESOLUTION

Adopted by the Provincial Conp:ress of North Carolina in Session
at Halifax, April 12, 1776.

"The Select Committee taking into Consideration the usurpa-
tions and violences attempted and committed by the King and
Parliament 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 appears to your Committee that pursuant to the Plan con-
certed by the British Ministry for subjugating America, the King
and Parliament 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 be impowered to concur with the delegates of the other
Colonies in declaring Independency, and forming foreign Alli-
ances, resolving 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."

42



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
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 Jefi"s bought it all up." "Is that so; what is he going to do
with it?" was asked. "He is going to put in 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
motto. It is found in Cicero in his essay on Friendship (Cicero de
Amicitia, Chap. 26)

43



44 North Carolina Manual

It is a little sinjiular 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; 1893, c. 145; G. S. 144-2.)

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.)

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 Mammal

The General Assembly of 1969 designated the Gray Squirrel as
the official State Mammal. (1969 c. 1207; G. S. 145-5.)

The State Song

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

The State Shell

The General 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 1963. (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).

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!



Public Holidays 45

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!

Here's to the land where the galax grows,
Where the rhodoendron's rosette glows,
Where soars Mount Mitchell'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. 190^ by Leonora Martin and Mary Burke Kerr.)



Public Holidays

January 1 — New Year's Day.

January 19 — Birthday of General Robert E. Lee.

February, third Monday — Birthday of George Washington.

Easter Monday, (applies to State and National Banks only).

April 12 — Anniversary of the Resolution 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, last Monday — Memorial Day (Applies to State and Na-
tional Banks only).

July 4 — Independence Day.

September, first Monday — Labor Day.

October, second Monday — Columbus Day.

October, fourth Monday — Veterans Day.

November, Tuesday after first Monday — General Election Day.

November, fourth Thursday — Thanksgiving Day.

December 25 — Christmas Day.

(G.S. 103-4)



46 North Carolina Manual

Population of the State Since 1675

1075 (Estimated) 4,000

1701 (Estimated) 5,000

1707 (Estimated) 7,000

1715 (Estimated) 11,000

1729 (Estimated) 35,000

1752 (Estimated) 100,000

1765 (Estimated) 200,000

1771 (Estimated) 250,000

1786 (Estimated) 350,000

1790 (Census) 393,751

1800 (Census) 478,103

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) 2,559,123

1930 (Census) 3,170,276

1940 (Census) 3,571,623

1950 (Census) 4,061,929

1960 (Census) 4,556,155

1970 (Census) 5,082,059



THE OLD NORTH STATE



(Traditional air as sung in 1928)



WOiUAll GlSTOH

With spirit



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While we live we willcher-ish, pno

Say whose name stands the fore - most, in

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scorn - er Tiay sneer at and wit - lings de - fame her, Still our hearts swell with
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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 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 that :

Section 1. The equality and rights of persons. 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. Sovereignty of the people. 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. The people of this
State have the inherent, sole, and exclusive right of regulating the
internal government and police thereof, and of altering or abolish-

49



50 North Carolina Manual

inp: their Constitution and form of government whenever it may
be necessary to their safety and happiness; but every such right
shall be exercised in pursuance of law and consistently with the
Constitution of the United States.

Sec. 4. Secession prohibited. This State shall ever remain a mem-
ber of the American Union ; the people thereof are part of the
American nation; there is no right on the part of this State to
secede; and all attempts, from whatever source or upon whatever
pretext, to dissolve this Union or to sever this Nation, shall be
resisted with the whole power of the State.

Sec. 5. Allegiance to the Uvited States. Every citizen of this
State owes paramount allegiance to the Constitution and govern-
ment of the United States, and no law or ordinance of the State
in contravention or subversion thereof can have any binding force.

Sec. 6. Separation of powers. The legislative, executive, and
supreme judicial powers of the State government shall be forever
separate and distinct from each other.

Sec. 7. Suspeyiding laws. All power of suspending laws or the
execution of laws by any authority, without the consent of the rep-
resentatives of the people, is injurious to their rights and shall not
be exercised.

Sec. 8. Representation and taxation. The people of this State
shall not be taxed or made subject to the payment of any impost or
duty without the consent of themselves or their representatives in
the General Assembly, freely given.

Sec. 9. Frequent elections. For redress of grievances and for
amending and strengthening the laws, elections shall be often held.

Sec. 10. Free elections. All elections shall be free.

Sec. 11. Property qualifications. As political rights and privi-
leges are not dependent upon or modified by property, no property
qualification shall aff"ect the right to vote or hold office.

Sec. 12. Right of assembly and petition. The people have a right
to assemble together to consult for their common good, to instruct
their representatives, and to apply to the General Assembly for



Constitution 51

redress of grievances ; but secret political societies are dangerous to
the liberties of a free people and shall not be tolerated.

Sec. 13. Religious liberty. All persons have a natural and in-
alienable right to worship Almighty God according to the desires
of their own consciences, and no human authority shall, in any
case whatever control or interfere with the rights of conscience.

Sec. 14. Freedom of speech mid press. Freedom of speech and
of the press are two of the great bulwarks of liberty and therefore
shall never be restrained, but every person shall be held responsible
for their abuse.

Sec. 15. 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. 16. Ex post facto laivs. Retrospective laws, punishing acts
committed before the existence of such laws and by them only de-
clared criminal, are oppressive, unjust, and incompatible with lib-
erty, and therefore no ex post facto law shall be enacted. No law
taxing retrospectively sales, purchases, or other acts previously
done shall be enacted.

Sec. 17. Slavery and involuntary servitude. Slavery is forever
prohibited. Involuntary servitude, except as a punishment for
crime whereof the parties have been adjudged guilty, is forever
prohibited.

Sec. 18. Courts shall be open. All courts shall be open; every
person for an injury done him in his lands, goods, person, or repu-
tation shall have remedy by due course of law; and right and justice
shall be administered without favor, denial, or delay.

Sec. 19. Law of the land; equal protection of the laws. No per-
son shall be taken, imprisoned, or disseized of his freehold, liberties,
or privileges, or outlawed, or exiled, or in any manner deprived of
his life, liberty, or property, but by the law of the land. No person
shall be denied the equal protection of the laws; nor shall any per-
son be subjected to discrimination by the State because of race,
color, religion, or national origin.



52 North Carolina Manual

Sec. 20. General warrants. General warrants, whereby any
officer or other person 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 shall not be
granted.

Sec. 21. Inquiry into restraints on liberty. Every person restrain-
ed of his liberty is entitled to a remedy to inquire into the lawful-
ness thereof, and to remove the restraint if unlawful, and that
remedy shall not be denied or delayed. The privilege of the writ of
habeas corpus shall not be suspended.

Sec. 22. Modes of prosecution. Except in misdemeanor cases in-
itiated in the District Court Division, no person shall be put to
answer any criminal charge but by indictment, presentment, or im-
peachment. But any person, when represented by counsel, may,
under such regulations as the General Assembly shall prescribe,
waive indictment in noncapital cases.

Sec. 23. Rights of accused. 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 compelled
to give self-incriminating evidence, or to pay costs, jail fees, or
necessary witness fees of the defense, unless found guilty.

Sec. 24. Right of jury trial in criminal cases. No person shall
be convicted of any crime but by the unanimous verdict of a jury
in open court. The General Assembly may, however, provide for
other means of trial for misdemeanors, with the right of appeal
for trial de novo.

Sec. 25. Right of jury trial in civil cases. In all controversies at
law respecting property, the ancient mode of trial by jury is one
of the best securities of the rights of the people, and shall remain
sacred and inviolable.

Sec. 26. Jury service. No person shall be excluded from jury
service on account of sex, race, color, religion, or national origin.

Sec. 27. Bail, fines, and panishmeitts. Excessive bail shall not



Constitution 53

be required, nor excessive fines imposed, nor cruel or unusual
punishments inflicted.

Sec. 28. I imprisonment for debt. There shall be no imprison-
ment for debt in this State, except in cases of fraud.

Sec. 29. Treason against the State. Treason against the State
shall consist only of levying war against it or adhering to its
enemies by giving them aid and comfort. No person shall be con-
victed 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 attainder shall work corruption of blood or forfeiture.

Sec. 30. 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
shall not be maintained, and the military shall be kept under strict
subordination to, and governed by, the civil power. Nothing herein
shall justify the practice of carrying concealed weapons, or pre-
vent the General Assembly from enacting penal statutes against
that practice.

Sec. 31. Quartering of soldiers. 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. 32. Exclusive emoluments. No person or set of persons is
entitled to exclusive or separate emoluments or privileges from
the community but in consideration of public services.

Sec. 33. Hereditary emoluments and honors. No hereditary
emoluments, privileges, or honors shall be granted or conferred in

this State.

Sec. 34. Perpetuities and monopolies. Perpetuities and monopo-
lies are contrary to the genius of a free state and shall not be
allowed.

Sec. 35. Recurrence to fundamental principals. A frequent re-
currence to fundamental principles is absolutely necessary to pre-
serve the blessings of liberty.



54 North Carolina Manual

Sec. SG. Other rif/htfi of the peoytle. The enumeration of rights
in this Article shall not be construed to impair or deny others re-
tained by the people.

ARTICLE II

LEGISLATIVE

Section 1. LegiHUitive power. The le}J:islative power of the State
shall be vested in the General Assembly, which shall consist of a
Senate and a House of Representatives.

Sec. 2. Number of Senators. The Senate shall be composed of 50
Senators, biennially chosen by ballot.

Sec. 3. Soiate district,^; apportionment of Sevators. The Sen-
ators shall be elected from districts. The General Assembly, at the
first regular session convening after the return of every decennial
census of population taken by order of Congress, shall revise the
senate districts and the apportionment of Senators among those
districts, subject to the following requirements:

(1) Each Senator shall repi'esent, as nearly as may be, an equal
number of inhabitants, the number of inhabitants that each Senator
represents being determined for this purpose by dividing the pop-
ulation of the district that he represents by the number of Senators
apportioned to that district;

(2) Each senate district shall at all times consist of contiguous
territory ;

(3) No county shall be divided in the formation of a senate
district;

(4) When established, the senate districts and the apportionment
of Senators shall remain unaltered until the return of another
decennial census of population taken by order of Congress.

Sec. 4. Number of Representatives. The House of Representa-
tives shall be composed of 120 Representatives, biennially chosen
by ballot.

Sec. 5. Representative districts; apportionment of Representa-
tives. The Representatives shall be elected from districts. The Gen-
eral Assembly, at the first regular session convening after the re-



Constitution 55

turn of every decennial census of population taken by order of
Congress, shall revise the representative districts and the apportion-
ment of Representatives among those districts, subject to the fol-
lowing requirements:

(1) Each Representative shall represent, as nearly as may be,
an equal number of inhabitants, the number of inhabitants that
each Representative represents being determined for this purpose
by dividing the population of the district that he represents by
the number of Representatives apportioned to that district;

(2) Each representative district shall at all times consist of
contiguous territory;

(3) No county shall be divided in the formation of a representa-
tive district;

(4) When established, the representative districts and the ap-
portionment of Representatives shall remain unaltered until the re-
turn of another decennial census of population taken by order of
Congress.

Sec. 6. Qualifications for Senator. Each Senator, at the time of
his election, shall be not less than 25 years of age, shall be a quali-
fied voter of the State, and shall have resided in the State as a
citizen for two years and in the district for which he is chosen
for one year immediately preceding his election.

Sec. 7. Qualifications for Representative. Each Representative,
at the time of his election, shall be a qualified voter of the State and
shall have resided in the district for which he is chosen for one
year immediately preceding his election.

Sec. 8. Elections. The election for members of the General As-
sembly shall be held for the respective districts in 1972 and every
two years thereafter, at the places and on the day prescribed by
law.

Sec. 9. Term of office. The term of office of Senators and Rep-
resentatives shall commence at the time of their election.

Sec. 10. Vacancies. Every vacancy occurring in the member-
ship of the General Assembly by reason of death, resignation, or
other cause shall be filled in the manner prescribed by law.

Sec. 11. Sessions.



56 North Carolina Manual

(1) RegnJar Set^fiinns. The General Assembly shall meet in rejv-
ular session in 1973 and every two years thereafter on the day pre-
scribed by law. Neither house shall proceed upon public business
unless a majority of all of its members are actually present.



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