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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.



Constitution of the United States 107

Article VIII

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

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

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,
respectively, or to the people.

(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 person 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 ap-
pointed; and if no person have such majority, then from the per-



108 North Carolina Manual

sons having- the highest numbers, not exceeding three on the list of
those voted for as President, the House of Representatives shall
choose immediately, by ballot, the President. But in choosing the
President, the votes shall be taken by States, the representation
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, when-
ever 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 dis-
ability 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 Sena-
tors, and a majority of the whole number shall be necessary to a
choice. But no person constitutionally 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-
wax'e, Massachusetts, and New Hampshire.)

Article XIII

1. Neither slavery nor involuntary servitude, except as a punish-
ment for crime whereof the party shall have been duly convicted,
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, dated December
18, 1865. It was rejected by Delaware and Kentucky; was condi-
tionally ratified by Alabama and Mississippi; and Texas took no
action.)



Constitution of the United States 109

Article XIV

1. All persons born or naturalized in the United States, and sub-
ject 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 privileges 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 apportioned among the several States
according to their respective number's, 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 Presi-
dent and Vice President of the United States, Representatives in
Congress, the executive and judicial officers of a State, or the mem-
bers of the Legislature thereof, is denied to any of the male inhabi-
tants of such State, being twenty-one years of age, and citizens of
the United States, or in any way abridged, except for participation
in rebellion or other crime, the basis of representation therein shall
be reduced in the proportion which the number of such male citi-
zens shall bear to the whole number of male citizens 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, hav-
ing previously taken an oath, as a member of Congress, or as an
officer of the United States, or as a member of any State Legisla-
ture, 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 insur-
rection or rebellion against the United States, or any claim for the
loss or emancipation of any slave; but all such debts, obligations,
and claims shall be held illegal and void.



110 North Carolina Manual

5. The Congress shall have power to enforce by appropriate leg-
islation the provisions of this article.

(The Reconstruction Amendment, by the Thirty-ninth Congress
on the 16th day of June, 1866, declared ratified by the Secretary of
State, July 28, 1868. The amendment got the support of 23 North-
ern States; it was rejected by Delaware, .Kentucky, Maryland, and
10 Southern States. California took no action. Later it was rati-
fied by the 10 Southern States.)
be denied or abridged by the United States or by any State on ac-

ARTICLE XV

1. The right of the citizens of the United States to vote shall not
count of race, color, or previous condition of servitude.

2. The Congress shall have power to enforce this article by ap-
propriate 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 Cali-
fornia, Delaware, Kentucky, Maryland and Oregon; ratified by the
remaining 30 States. New York rescinded is 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
enumeration.

(Proposed by the Sixty-first Congress, July 12, 1909, and de-
clared ratified February 25, 1913. The income tax amendment was
ratified by all the States except Connecticut, Florida, Pennsyl-
vania, 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
years; and each Senator shall have one vote. The electors in each
State shall have the qualifications requisite for elector's of the most
numerous branch of the State Legislatures.



Constitution of the United States 111

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 Lep:islature 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 affect 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, Missississippi, 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 beverage purposes is hereby prohibited.

2. The Congress and the several States shall have concuri'ent
power to enforce this article by appropriate legislation.

3. This article shall be inoperative unless it shall have been rati-
fied 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 ac-
count of sex.

2. Congi-ess shall have power, by appropriate legislation, to en-
force the provisions of this article.



112 North Carolina Manual

(Proposed by the Sixty-fifth Conp:ress. 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, unless
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 as 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 qualified, de-
claring who shall then act as President, or the manner in which
one who is to act shall be selected, and such person shall act ac-
cordingly 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 right 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 whenever the
right of choice shall have devolved upon them.

5. Sections 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 rati-
fied as an amendment to the Constitution by the legislatures of
three-fourths of the several States within seven years from the
(late of its submission.



Constitution of the United States 113

(Proposed by the 72nd Congress, First Session. On February 6,
1933, it was proclaimed in effect, having been ratified by thirty-
nine states.)

Article XXI

1. The eighteen 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 rati-
fied as an amendment to the Constitution by conventions 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 proclaimed
that the eighteenth amendment to the Constitution was repealed
on December 5, 1933.)



PART II
CENSUS



POPULATION OF THE STATE OF NORTH CAROLINA

Sixteenth Census of the United States: 1940

Between 1930 and 1940 North Carolina's urban places con-
tinued to grow faster than the rural areas, according to the final
figures from the Sixteenth Decennial Census, issued by Director
William Lane Austin, of the Bureau of the Census, Department of
Commerce,

The final count of the Sixteenth Census showed that on April 1,
1940, North Carolina had a population of 3,571,623, an increase of
401,347 over the 3,170,276 residents reported in the 1930 Census.
This change represents an increase of 12.7 per cent as compared
with 23.9 per cent between 1920 and 1930. The population increase
in urban areas from 1930 to 1940 was 20.3 per cent as compared
with 10.0 per cent in the rural sections. Urban residents accounted
for 27.3 per cent of the State's population in 1940, as compared
with 25.5 per cent in 1930. In 1940, residents of urban areas num-
bered 974,175, while the rural population amounted to 2,597,448.
The Census Bureau considers as urban areas the incorporated
places of 2,500 or more. The remaining territory is classified as
rural.

There were 26 incorporated places of 10,000 or more in North
Carolina, 5 (Burlington, Greenville, Hickory, Lexington, and Reids-
ville) having reached this size since 1930. All but one (New
Bern) of these cities increased between 1930 and 1940, Hickory
having had the most rapid grovirth (83.2 per cent).

Ninety-one of the 100 counties gained population between 1930
and 1940, Alamance County, with an increase of 36,3 per cent, had
the most extensive growth.

The first census of North Carolina was taken in 1790, returning
a population of 393,751. The population has shown an increase at
every census since that time, but the rate of increase during the
past decade was the lowest since that of 1860 to 1870. The popula-
tion passed 1,000,000 between 1860 and 1870, 2,000,000 between
1900 and 1910, and 3,000,000 between 1920 and 1930. The present
population represents a density of 72.7 inhabitants per square mile.
North Carolina's total area in square miles is 52,712. Land area
is 49,142 square miles; water area is 3,570 square miles.

Table 1 presents the figures for counties and for incorporated
places of 10,000 or more, and Table 2 for incorporated places of
less than 10,000.

117



118



North Carolina Manual



TABLE 1. POPULATION OF COUNTIES AND OF INCORPORATED PLACES
OF 10,000 OR MORE IN NORTH CAROLINA: 1940



County or Place



The State

Urban

Rural

Per Cent Urban



Counties:
Alamance _
Alexander-
Alleghany-

Anson

Ashe



Avery

Beaufort.-.

Bertie

Bladen _...
Brunswick-

Buncombe.

Burke

Cabarrus.-
Caldwell - .
Camden . . .



Carteret . .
Caswell...
Catawba..
Chatham.
Cherokee -



Chowan...

Clay

Cleveland.
Columbus.
Craven



Cumberland.

Currituck

Dare

Davidson

Davie



Duplin

Durham

Edgecombe.

Forsyth

Franklin...



Gaston...

Gates

Graham..
Granville.
Greene



Population
1940



3,571.623

974,175
2,597,448
27.3



57,427
13,454
8,341
28,443
22,664

13.561
36,431
26,201
27,156
17,125

108,755

38,615

59,393

35,795

5,440

18,284
20,032
51,653
24,726
18,813

11,572
6,405
58,055
45,663
31,298



59,320

6,709

6,041

53,377

14,909

39,739
80,244
49,162
126,475
30,382

87,531
10,060
6,418
29,344
18,548



County or Place



CorNTiES — Cont.

Guilford

Halifax

Harnett

Haywood

Henderson



Hertford.
Hoke....
Hyde- ..
Iredell...
Jackson. .



Johnston.

Jones

Lee

Lenoir

Lincoln...



McDowell

Macon

Madison

Martin

Mecklenburg.



Mitchell

Montgomery..

Moore

Nash

New Hanover.



Northampton. .

Onslow

Orange ._.

Pamlico

Pasquotank



Pender

Perquimans -

Person

Pitt

Polk



Randolph

Richmond

Robeson

Rockingham.
Rowan



Rutherford -

Sampson

Scotland

Stanly

Stokes



Population
1940



153,916
56,512
44,239
34,804
26,049

19,352

14,937

7,860

50,424

19.366

63,798
10,926
18,743
41,211

24,187

22,996
15,880
22,522
26.111
151,826

15,980
16,280
30,969
55,608
47,935

28,299
17,939
23,072
9,706
20,568

17,710
9,773
25,029
61,244
11,874

44,554
36,810
76,860
57,898
69,206

45,577
47,440
23,232
32,834
22,656



County or Place



CorNTiES — Cont.

Surry

Swain

Transylvania

Tyrrell

Llnion

Vance

Wake

Warren

Washington

Watauga

Wayne

Wilkes - ..

Wilson

Yadkin

Yancey

Total

Incokpobated
Places of 10.000
OR Moke

AsheviUe

Burlington

Charlotte

Concord

Durham



Elizabeth City.

Fayette ville

Gastonia

Goldsboro

Greensboro



Greenville..

Hickory

High Point.

Kinston

Lexington..



New Bern

Raleigh

Reidsville

Rocky Mount.
Salisbury



Shelby

Statesville

Thomasville

Wilmington

Wilson

Winston-Salem.



Population
1940



41,783
12,177
12,241
5,556
39,097

29,961
109,544
23,145
12,323
18,114

58.323
43,003
50,219
20,657
17,202



3,571,623



51,310
12,198
100,899
15,572
60,195

11,564
17,428
21,313
17,274
59,319

12,674
13,487
38,495
15,388
10,550

11,815
46,897
10,387
25,568
19,037

14,037
11.440
11,041
33,407
19,234
79,815



Population of Cities and Towns



119



TABLE 2. POPULATION OF INCORPORATED PLACES OF LESS
THAN 10,000 IN NORTH CAROLINA: lfl40



City or Town



2,500 TO 10,000

Albemarle

Asheboro

Beaufort

Belmont

Bessemer City



Brevard

Cunton

Chf pel HiU.
Cherryville.
Clinton



Dunn

h^e. ion

Elkin

Iiirii viUe ..
Icrtst Lity.



G.i ham

hanlet

hei.dcTS&n

H 'I GiTSonviiie-..
Ki: gs Mountain.



Laurinburg -

Lenoir

Lircolnton..
Lumberton.
Marion



Monroe

Mooresville

Morehead City.

Morganton

Mount Airy. . .



Mount Olive

Newton

North Wilkesboro..
Oxford

Roanoke Rapids —

Rockingham

Roxboro

Sanf ord

Scotland Neck

Smithfield



Southern Pines.

Spencer

Spindale

Tarboro

Valdese



Wadesboro . .
Washington.
Waynesville .
White ville...
Williamston.



County



Stanly

Randolph.
Carteret...

Gaston

Gaston



Transylvania.

H;iy wood

Orange

Gcston

Sampson



Hrrnett...-

Chowan

Surry

Pitt

RutherforQ-

Alamance. .
Richmond..

Vance

Henderson..
Cleveland. .



Scotland . .
Calawell. .
Lincoln —
Robeson...
McDowell.



Union

Iredell. -
Carteret-
Burke..
Surry. -



Wayne

Catawba

Wilkes

Granville

Halifax

Richmond..

Person

Lee

Halifax

Johnston...

Moore

Rowan

Rutherford .
Edgecombe -
Burke

Anson

Beaufort

Haywood...
Columbus. .
Martin



Popula-
tion
1940



4,060
6,981
3,272
4,356
3,567

3,061
5,037
3,654
3,225
3,557

5,256
3,835
2,734
2,98C
5,035

4 339
5,111

7,647
5,381
6,547

5,685
7,598
4,525
5,803
2,889

6,475
6,682
3,695
7,670
6,286

2,929
5,407
4,478
3,991
8,545

3,657
4,599
4,960
2,559
3,678

3,225
3,072
3,952
7,148
2,615

3,587
8,569
2,940
3,011
3,966



City or Town



Less Than 2,500

Abbottsburg

Aberdeen

Acme

Addorl

Advance



Ahoskie

Alexander Mills.

Andrews

Angler

Ansonville



Apex

Arapahoe...
Archdalc . . .
Arlington2.
Arthur



Atkinson..
Atlantic. -
Aulander..

Aurora

Autryville.



Ayden

Baileys

BakersviUe .
Banner Elk.
Bath



Battleboro.

Bayboro..-
Beargrass..
Belhaven..



Bennett

Benson

Benton Heights.
Bethel



Beulaville

Biltmore Forest .

Biscoe

Black Creek



Black Mountain.
Bladenboro

Blowing Rock...

Boiling Springs..



Bolivia...

Bolton

Boone

Boonville.
Bostic



County



Bladen

Moore

Columbus.

Moore

Davie



Hertford . _ .
Rutherford .
Cherokee...

Harnett

Anson



Wake

Pamlico...
Randolph.
Yadkin...
Pitt



Pender...
Carteret..

Bertie

Beaufort.
Sampson .



Pitt

Nash

Mitchell. -

Avery

Beaufort.



Edgecombe.

Nash

Pamlico

Martin

Beaufort . . -



Chatham.
Johnston -

Union

Pitt



Duplin

Buncombe...
Montgomery.
Wilson



Buncombe.

Bladen

Caldwell . .
Watauga..
Cleveland.



Brunswick

Columbus

Watauga

Yadkin

Rutherford . . .



Popula-
tion
1940



157

1,076

196

123

186

2,313

819

1,520

1,028

519

977
307
1,097
440
181

312

711

1,057

492

94



645
437
344
380

270

428

114

2.360



229
1,837

768
1,333

567
476
843
333

1,042
724

654

613

203
760
1,788
405
226



1 Returned in 1930 as Keyser.



2 Incorporated aince 1930



120



North Carolina Manual



TABLE 2. POPULATION OF INCORPORATED PLACES OF LESS
THAN 10.000 IN NORTH CAROLINA: IHO— Continued



City or Town



Less Than 2,500
— Continued

Bowdens

Bridgeton

Broadway

Brookford

Brunswick



Bryson

Buie

Buies Creek.

Bunnlevel

Bunn. _



Burgaw

Burnsville .
Calypso. . -
Cameron . .
Candor. _.



Carolina Beach.

Carrboro

Carthage. ,

Gary

Cashiers



Castalia

Catawba

Cerro Gordo .
Chadbourn . .
Cherry



China Grove.
Claremont...

Clarkton

Clayton

Cleveland



Clyde

Coats.

Colerain...
Columbia..
Columbus.



Conetoe

Conover

Conway

Cornelius...
Council

Cove City..
Creedmoor.

Creswell

Crossnore . .
Crouse

Culberson..

Dallas

Davidson...
Deep Run..
Delpo ,



County



Duplin

Craven

Lee...

Catawba

Columbus

Swain

Robeson

Harnett

Harnett

Franklin

Pender

Yancey

Duplin

Moore

Montgomery..

New Hanover.

Orange

Moore

Wake

Jackson

Nash

Catawba

Columbus

Columbus

Washington..

Rowan

Catawba

Bladen

Johnston

Rowan

Haywood

Harnett

Bertie

Tyrrell

Polk

Edgecombe...

Catawba

Northampton.
Mecklenburg.
Bladen

Craven

Granville

Washington..

Avery

Lincoln

Cherokee

Gaston

Mecklenburg.

Lenoir

Columbus



Popula-
tion
1940



220

616
338
910
227

1,612
118
435
158
248

1,476
997
678
311
509

637
1,455
1,381
1,141

353

341
402

379

1,576

108

1,567
467
484

1,711
506



516
827
307
1,090
390



194
1,195

449

1,195

73

371
640
459
266
221

98

1,704

1,550

150

263



City or Town



Less Than 2,500
— Continued

Dell view

Denton

Denver

Dillsboro

Dobson

Dover

Drexel

Dublin

Dudley

Dundarrach

East Bend

East Flat Rock

East Laurinburg

East Lumberton

East Spencer

Edward

Elizabethtown

Elk Park

Ellenboro..

EUcrbe

Elm City

Elon College

Enfield



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