North Carolina. Secretary of State.

North Carolina manual [serial] (Volume 1949) online

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and every year after 1941, vv^as designated as Thanksgiving Day
and made a legal public holiday to all intents and purposes.

December 25 — Christmas Day.


1675 (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


(Traditional air as sung in 1928)

William Gaston
With spirit

Collected and abbanobd
BT Mbs. E. E. Randolpe


g __g— g:=:S3=bs J i=S=t^



1. Car - o - li - nal Car - o - li - nal heav-en's bless-ings at - tend her,

2. Tho' she en - vies not oth - ers, their mer - it - ed gio - ry,

3. Then let all those who love us, love the land that we hve in,


>— j»-

Ln ' ■ w ' l^ * I* I




jux^jn: ^

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

S ^:





— *- j-sp —



scorn - er may sneer at and wit - lings de
true to her - self e'er to crouch to op
plen - ty and peace, love and joy smile b




^3r — "^

}-o »-

- fame her, Still our hearts swell with
-pres-sion, Who can yield to just
e - fore us, Raise a.loud, rais; to-







at —



glad - ness when ev - er we name her.

rule a more loy - al sub-mis-sion.

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


Hur - rah! Hur - rahl the



■ - i d-


■ ^ 1

Old North State for -ev




-• ^Sh

Hur - rah! the good Old North State.




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 thooe blessings to us and our posterity,
do, for the more certain security thereof and for the better gov-
ernment of this State, ordain and establish this Constitution:



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 definied 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 potver 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 policies thereof, and of altering
and abolishing their Constitution and form of government when-
ever it may be necessary for their safety and happiness; but
evei-y such right should be exercised in pursuance of the law, and
consistently with the Constitution of the United States.


40 North Carolina Manual

Sec. 4. That there is no right to secede. That this State shall
ever remain a member of the American Union; that the people
thereof are a part of the American Nation; that there is no right
on the part of the State to secede, and that all attempts, from
whatever source or upon whatever pretext, to dissolve said Union
or to sever said Nation, ought to be resisted with the whole power
of the State.

Sec. 5. Of Allegiance to the United States Government. That
every citizen of this State owes paramount allegiance to the Con-
stitution and Government of the United States, and that no law
or ordinance of the State in contravention or subversion thereof
can have any binding force.

Sec. 6. Public debt; bonds issued binder ordinance of Con-
vention 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 insur-
rection 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 ses-
sion of the year one thousand 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 per-
sons are entitled to exclusive or separate emoluments or privileges
from the community but in consideration of public services.

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

Constitution 41

Sec. 9. Of the power of suspending laws. All power of sus-
pending 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. Election free. All elections ought to be free.

Sec. 11. In criminal prosecutions. In all criminal prosecu-
tions, every person charged with crime has the right to be in-
formed of the accusation and to confront the accusers and wit-
nesses 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. 12. Ayisivers to criminal charges. No person shall be
put to answer any criminal charge except as hereinafter allowed,
but by indictment, presentment or impeachment.

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 misdeameanors, with the right of

Sec. 14. Excessive hail. Excessive bail should not be required,
nor excessive fines imposed, nor cruel or unusual punishment in-

Sec. 15. General warrants. General warrants, whereby any
officer or messenger may be commanded to search suspected places,
without evidence of the act committed, or to seize any person or
persons not named, whose offense is not particularly described
and supported by evidence, are dangerous to liberty, and ought not
to be granted.

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

Sec. 17. No person taken, etc., but by law of the land. No
person ought to 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.

Sec. 18. Persons restrained of liberty. Every person restrained
of his liberty is entitled to a remedy to inquire into the lawful-
ness thereof, and to remove the same, if unlawful; and such
remedy ought not to be denied or delayed.

42 North Carolina Manual

Sec. 19. Covfroversies at law respectmg jiroperty. In all con-
troversies at law respectin.t? 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 corpnts. The privileges of the writ of habeas
corpus shall not be suspended.

Sec. 22. Property qualification. As political rights and privi-
leges are not dependent upon, or modified by, property, therefore
no property qualification ought to aff'ect the right to vote or hold

Sec. 23. Representation and taxation. The people of the State
ought not to be taxed, or made subject to the payment of any im-
post or duty without the consent of themselves, or their represen-
tatives in General Assembly, freely given.

Sec. 24. Militia and the right to bear arms. A well regulated
militia being necessary to the security of a free State, the right of
the people to keep and bear arms shall not be infringed; and, as
standing armies in time of peace are dangerous to liberty, they
ought not to be kept up, and the military should be kept under
strict subordination to, and governed by, the civil power. Nothing
herein contained shall justify the practice of carrying concealed
weapons, or prevent the Legislature from enacting penal statutes
against said practice.

Sec. 25. Right of the people to assemble together. The people
have a right to assemble together to consult for their common good,
to instruct their representatives, and to apply to the Legislature
for redress of grievances. But secret political societies are dan-
gerous to the liberties of a free people, and should not be tolerated.

Sec. 26. Religious liberty. All persons have a natural and inalien-
able right to worship Almighty God according to the dictates of
their own consciences, and no human authority should, in any case
whatever, control or interfere with the rights of conscience.

Sec. 27. Education. The people have the right to the privilege
of education, and it is the duty of the State to guard and main-
tain that right.

Constitution 43

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 princijyles. 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 laivs. 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 restrospectively sales, purchases, or other acts previously
done, ought to be passed.

Sec. 33. Slavery prohibited. Slavery and involuntary servitude,
otherwise than for crime, whereof the parties shall have been duly
convicted, shall be, and are hereby, forever prohibited within the

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 right
and justice administered without sale, denial, or delay.

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

Sec. 37. Other Hghts of the people. This enumeration of rights
shall not be construed to impair or deny others retained by the
people; and all power not herein delegated remain with the people.



Section 1. Two branches. The legislative authority shall be
vested in two distinct branches, both dependent on the people, to-
wit: a Senate and House of Representatives.

44 North Carolina Manual

Sec. 2. Time of assembling. The Senate and House of Represen-
tatives shall meet biennially on the first Wednesday after the first
Monday in January next after their election; and, when assembled,
shall be denominated the General Assembly. Neither house shall
proceed upon public business unless a majority of all the members
are actually present.

Sec. 3. Number of seyiators. The Senate shall be composed of
fifty Senators, biennially chosen by ballot.

Sec. 4. Regulations in relation to districting the State for Sen-
ators. The Senate Districts shall be so altered by the General
Assembly, at the first session after the return of every enumera-
tion by order of Congress, that each Senate District shall contain,
as near as may be, an equal number of inhabitants, excluding
aliens and Indians not taxed, and shall remain unaltered until the
return of another enumeration, and shall at all times consist of
contiguous territory; and no county shall be divided in the forma-
tion of a Senate District, unless such county shall be equitably
entitled to two or more Senators.

Sec. 5. Regulations in relation to apportionment of representa-
tives. The House of Representatives shall be composed of one hun-
dred and twenty Representatives, biennially chosen by ballot, to
be elected by the counties respectively, according to their popula-
tion, and each county shall have at least one Representative in the
House of Representatives, although it may not contain the requi-
site ratio of representation; this apportionment shall be made by
the General Assembly at the respective times and periods when the
districts of the Senate are hereinbefore directed to be laid off.

Sec. 6. Ratio of representation. In making the apportionment
in the House of Representatives, the ratio of representation shall
be ascertained by dividing the amount of the population of the
State, exclusive of that comprehended within those counties which
do not severally contain the one hundred and twentieth part of the
population of the State, by the number of Representatives, less the
number assigned to such counties; and in ascertaining the number
of the population of the State, aliens and Indians not taxed shall
not be included. To each county containing the said ratio and not
twice the said ratio there shall be assigned one Representative; to
each county containing two but not three times the said ratio there
shall be assigned two Representatives, and so on progressively, and

Constitution 45

then the remaining Representatives shall be assigned severally to
the counties having the largest fractions.

Sec. 7. Qualifications for senators. Each member of the Senate
shall not be less than twenty-five years of age, shall have resided
in the State as a citizen two years, and shall have usually resided
in the district for which he was chosen one year immediately pre-
ceding his election.

Sec. 8. Qualifications for represeyitatives. Each member of the
House of Representatives shall be a qualified elector of the State,
and shall have resided in the county for which he is chosen for
one year immediately preceding his election.

Sec. 9. Election of officers. In the election of all officers whose
appointment shall be conferred upon the General Assembly by the
Constitution, the vote shall be viva voce.

Sec. 10. Powers in relation to divorce and alimony. The Gen-
eral Assembly shall have power to pass general laws regulating
divorce and alimony, but shall not have power to grant a divorce
or secure alimony in any individual case.

Sec. 11. Private laws in relation to names of persons, etc. The
General Assembly shall not have power to pass any private law to
alter the name of any person, or to legitimate any person not born
in lawful wedlock, or to restore to the rights of citizenship any
person convicted of an infamous crime, but shall have power to
pass general laws regulating the same.

Sec. 12. Thirty days notice shall be given anterior to passage of
private laws. The General Assembly shall not pass any private
law, unless it shall be made to appear that thirty days notice of
application to pass such a law shall have been given, under such
direction and in such manner as shall be provided by law.

Sec. 13. Vacancies. If vacancies shall occur in the General
Assembly by death, resignation, or otherwise, writs of election
shall be issued by the Governor under such regulations as may
be prescribed by law.

Sec. 14. Revenue. No law shall be passed to raise money on the
credit of the State, or to pledge the faith of the State, directly or
indirectly, for the payment of any debt, or to impose any tax upon
the people of the State, or allow the counties, cities or towns to do
so, unless the bill for the purpose shall have been read three sev-
eral times in each House of the General Assembly and passed three

46 North Carolina Manual

several readings, which readings shall have been on three different
days, and agreed to by each House respectively, and unless the
yeas and nays on the second and third readings of the bill shall
have been entered on the journal.

Sec. 15. Entails. The General Assembly shall regulate entails
in such a manner as to prevent perpetuities.

Sec. 16. Journals. Each House shall keep a journal of its pro-
ceedings, which shall be printed and made public immediately after
the adjournment of the General Assembly.

Sec. 17. Protest. Any member of either House may dissent
from, and protest against, any act or resolve which he may think
injurious to the public, or any individual, and have the reasons of
his dissent entered on the journal.

Sec. 18. Officers of the House. The House of Representatives
shall choose their own Speaker and other officers.

Sec. 19. President of the Senate. The Lieutenant-Governor shall
preside in the Senate, but shall have no vote unless it may be
equally divided.

Sec. 20. Other senatorial officers. The Senate shall choose its
other officers and also a Speaker (})ro tempore) in the absence of
the Lieutenant-Governor, or when he shall exercise the office of
the governor.

Sec. 21. Style of the acts. The style of the acts shall be: "The
General Assembly of North Carolina do enact."

Sec. 22. Powers of the General Assembly. Each House shall be
judge of the qualifications and election of its own members, shall
sit upon its own adjournment from day to day, prepare bills to be
passed into laws; and the two Houses may also jointly adjourn to
any future day, or other place.

Sec. 23. Bills and resolutions to he read three times, etc. All
bills and resolutions of a legislative nature shall be read three
times in each House before they pass into laws, and shall be signed
by the presiding officers of both Houses.

Sec. 24. Oath of members. Each member of the General Assem-
bly, before taking his seat, shall take an oath or affirmation that
he will support the Constitution and laws of the United States, and
the Constitution of the State of North Carolina, and will faith-
fully discharge his duty as a member of the Senate or House of

Constitution 47

Sec. 25. Terms of office. The terms of office for Senators and
members of the House of Representatives shall commence at the
time of their election.

Sec. 26. Yeas mid iiays. Upon motion made and seconded in
either House by one-fifth of the members present, the yeas and
nays upon any question shall be taken and entered upon the

Sec. 27. Election for members of the General Assembly. The
election for members of the General Assembly shall be held for the
respective districts and counties, at the places where they are now
held, or may be directed hereafter to be held, in such manner as
may be prescribed by law, on the first Thursday in August, in the
year one thousand eight hundred and seventy, and every two years
thereafter. But the General Assembly may change the time of
holding the elections. (Changed to Tuesday after first Monday in
November, c. 275—1876.)

Sec. 28. Pay of members and officers of the General Assembly.
The members of the General Assembly for the term of their office
shall receive a salary for their services of six hundred dollars each.
The salaries of the presiding officers of the two houses shall be
seven hundred dollars each : Provided, that in addition to the
salaries herein provided for, shou.ld an extra session of the Gen-
eral Assembly be called, the members shall receive eight dollars
per day each, and the presiding officers of the two houses ten
dollars per day each, for every day of such extra session not ex-
ceeding twenty days; and should an extra session continue more
than twenty days, the members and officers shall serve thereafter
without pay.

Sec. 29. Limitations npon power of General Assembly to enact
private or special legislation. The General Assembly shall not pass
any local, private, or special act or resolution relating to the estab-
lishment of courts inferior to the Superior Court; relating to the
appointment of justices of the peace; relating to health, sanitation,
and the abatement of nuisances; changing the names of cities,
towns, and townships; authorizing the laying out, opening, alter-
ing, maintaining, or discontinuing of highways, streets, or alleys;
relating to ferries or bridges; relating to non-navigable streams;
relating to cemeteries; relating to the pay of jurors; erecting new
townships, or changing township lines, or establishing or changing

48 North Carolina Manual

the lines of school districts; remitting fines, penalties, and for-
feitures, or refunding moneys legally paid into the public treas-
uiy; regulating laboi', trade, mining, or manufacturing; extending
the time for the assessment or collection of taxes or otherwise re-
lieving any collector of taxes from the due performance of his
official duties or his sureties from liability; giving effect to in-
formal wills and deeds; nor shall the General Assembly enact any
such local, private, or special act by the partial repeal of a gen-
eral law, but the General Assembly may at any time repeal local,
private, or special laws enacted by it. Any local, private, or special
act or resolution passed in violation of the provisions of this sec-
tion shall be void. The General Assembly shall have power to pass
general laws regulating matters set out in this section.

Sec. 30. The General Assembly shall not use nor authorize to be
used any part of the amount of any sinking fund for any purpose
other than the retirement of the bonds for which said sinking fund
has been created.



Sec. 1. Officers of the Executive Depart^ncnt ; ToDis of Office.
The Executive Department shall consist of a Governor, in whom
shall be vested the supreme executive power of the State; a Lieu-
tenant Governor, a Secretary of State, an Auditor, a Treasurer, a
Superintendent of Public Instruction, an Attorney General, a Com-
missioner of Agriculture, a Commissioner of Labor and a Commis-
sioner of Insurance, who shall be elected for a term of four years
by the qualified electors of the State, at the same time and places
and in the same manner as members of the General Assembly are
elected. Their term of office shall commence on the first day of Jan-
uary next after their election, and continue until their successors

Online LibraryNorth Carolina. Secretary of StateNorth Carolina manual [serial] (Volume 1949) → online text (page 3 of 43)