North Carolina manual [serial] (Volume 1951) online

(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; G. S.
144-6.)

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's Most Famous Toast

(Not Officially Desigyiated)

"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."
(Composed in 1904- by Mrs. Harry C. Martin, former resident of
Raleigh, N. C, but now living in Tennessee.)

Legal Holidays

January 1 — New Year's Day.

January 19 — Birthday of General Robert E. Lee.

February 22 — Birthday of George Washington.

Easter Monday.

April 12 — Anniversary of the Resolutions adopted by the Pro-
vincial Congress of North Carolina at Halifax, April 12, 1776,
instructing 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 Inde-
pendence."



Population 37

May 30— Memorial Day (Applies to State and National Banks
only).

July 4 — Independence Day.

September, first Monday — Labor Day.

November, Tuesday after first Monday — General Election Day.

November 11 — Armistice Day.

November, Fourth Thursday — Thanksgiving Day.

By joint Resolution No. 41 of Congress, approved by the Presi-
dent December 26, 1941, the fourth Thursday in November in each
and every year after 1941, was designated as Thanksgiving Day
and made a legal public holiday to all intents and purposes.

December 25 — Christmas Day.

Population

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

I860 (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



THE OLD NORTH STATE

(Traditional air as sung in 1926)



William Gastom
With spirit



Collected and abbanqbo
BY Msa. E. E. Bandolpe




:i^:=tz



i



,c=ts=s^^r=-=tj=s!=s=s



i=3S



1. Car - o - li - nal Car

2. Tho' she cn - vies not

3. Then let all those who



li - na! heav-en's blcss-ings at - tend her,
oth - ers, their mer - it - ed glo - ry,
love us, love the land that we live in,



ii^^



-m-i^ f-






4=



l^'wl. I f



H






t^r::^



qf=t^



^



m



While we live we willcher-ish, pno - tect and de -fend her, Tho' the
Say whose name stands the fore - most, in lib - er - ty's sto - ry, Tho' too

As hao • py a re - gion as on this side of heav-en, Where




|- - - - -ss^

scorn - er may sneer at and wit - lings de - fame her, Still our hearts swell with
true to her - self e'er to crouch to op -pres-sion. Who can yield to just
plen - ty and peace, love and joy smile be - fore us, Raise a-loud, raisi to-



SS



^3«:



.^T.» » • — _* » — p^ * — ^ - • — p* • >^ — ^ I




I



Chorus



glad - ness when ev • er we name her.

rule a more loy - al sub - mis - sion. Hur • rahl

geth - er the heart thrill - ing chorus.



Hur - rahl



the



g^S^



4:



3^



bfc



/^^



e5i



t — t



m



â– iS>-



Old North State for -ev



-t
er,



r^



rit.



-<a-=^



^



m]



Hur - rahl

rlS>-



Hur - rahl the good Old North State.

M ^




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 gov-
ernment 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:

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 poiver 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
every such right should be exercised in pursuance of the law, and
consistently with the Constitution of the United States.

39



40 North Carolina Manual

Sec. 4. That there is no right to secede. That this State shall
ever remain a member of ths American Union; that the people
thereof are a part of the American Nation; that there is no right
on the pai-t 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, oug-ht 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 persons
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 powers distinct.
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 poiver of suspending laivs. All power of suspend-
ing 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. Elections free. All elections ought to be free.

Sec. 11. 1)1 criminal prosecutions. 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 com-
pelled to give self-incriminating evidence, or to pay costs, jail
fees, or necessary witness fees of the defense, unless found guilty.

Sec. 12. Ansivers to criminal charges. No person shall be put
to answer any criminal charge except as hereinafter allowed, but
by indictment, presentment or impeachment, but any person, when
represented by counsel, may, under sv;ch regulations as the Leg-
islature shall prescribe, waive indictment in all except capital
cases.

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 misdemeanors, with the right of
appeal.

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

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

Sec. 17. No perso7i taken, etc., hut by law of the land. No per-
son 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-



42 North Carolina Manual

ness thereof, and to I'emove the same, if unlawful ; and such
remedy ou^ht not to be denied or delayed.

Sec. 19. Controversies at law respecting property. In all con-
troversies at law respecting 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 corpus. 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 affect the right to vote or hold
office.

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 m.ilitary 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 in-
alienable 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.



Constitution 43

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

Sec. 28. Elections should be frequent. For redress of grievances,
and for amending and strengthening the lavi^s, elections should
be often held.

Sec. 29. Recurrence to fundamental principles. 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 laws. 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 retrospectively 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
State.

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



44 North Carolina Manual

ARTICLE II

LEGISLATIVE DEPARTMENT

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

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. Niiviher of senators. 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 for-
mation of a Senate District, unless such county shall be equitably
entitled to two or more Senators.

Sec. 5. Regulations in relation to apportionment of represeyita-
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 representatioyi. 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



Constitution 45

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 twice but not three
times the said ratio there shall be assigned two Representatives,
and so on progressively, and 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
preceding his election.

Sec. 8. Qualificatio7is for representatives. Each member of the
House of Rrepresentatives 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 aliTnony. 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 giveri 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.



46 North Carolina Manual

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
several times in each House of the General Assembly and passed
three 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. Ojficers 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 (pro tempore) in the absence of
the Lieutenant-Governor, or when he shall exercise the office of
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 be 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.



Constitution 47

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
faithfully discharge his duty as a member of the Senate or House
of Representatives.

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

Sec. 26. Yeas and 7iays. Upon motion made and seconded in
either House by one-fifth of the membei's present, the yeas and
nays upon any question shall be taken and entered upon the
journals.

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 evei-y 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 Presiding Officers of the General
Assembly. The members of the General Assembly for the term
for which they have been elected shall receive as a compensation
for their services the sum of fifteen dollars ($15.00) per day for
each day of their session, fcr a period not exceeding ninety days;
and should they remain longer in session they shall serve with-
out compensation. The compensation of the presiding officers of
the two houses shall be twenty dollars ($20.00) per day for a
period not exceeding ninety days. Should an extra session of the
General Assembly be called, the members and presiding officers
shall receive a like rate of compensation for a period not exceed-
ing twenty-five days.

Sec. 29. Limitations upon 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
establishment of courts inferior to the Superior Court; relating
to the appointment of justices of the peace; relating to health,



48 North Carolina Manual

sanitation, and the abatement of nuisances; changing the names
of cities, towns, and townships; authorizing the laying out, open-
ing, altering, 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 establish-