North Carolina manual [serial] (Volume 1951) online

the Legislatures of the several States, as amendments to the Con-
stitution of the United States; all or any of which articles, when
ratified by three-fourths of the said Legislatures, to be valid to all
intents and purposes, as part of the said Constitution, namely":

Amendments

THE TEN original AMENDMENTS

(Sometimes called our Bill of Rights)
(Declared in force December 15, 1791)

Article I

Congress shall make no law respecting an establishment of re-
ligion, or prohibiting the free exercise thereof; or abridging the
freedom of speech or of the press ; or the right of the people peace-
ably to assemble, and to petition the Government for a redress of
grievances,



106 North Carolina Manual



Article II

A well-regulated militia being necessary to the security of a free
State, the right of the people to keep and bear arms shall not be
infringed.

Article III

No soldier shall, in time of peace, be quartered in any house
without the consent of the owner, nor in time of war but in a man-
ner to be prescribed by law.

Article IV

The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures,
shall not be violated, and no warrants shall issue, but upon prob-
able cause, supported by oath or affirmation, and particularly de-
scribing the place to be searched, and the persons or things to
be seized.

Article V

No person shall be held to answer for a capital or otherwise
infamous crime, unless on a presentment or indictment of a grand
jury, except in cases arising in the land or naval forces, or in the
militia, when in actual service in time of war or public danger; nor
shall any person be subject for the same offense to be twice put in
jeopardy of life or limb; nor shall be compelled in any criminal
case to be a witness against himself, nor be deprived of life, lib-
erty, or property, without due process of law; nor shall private
property be taken for public use, without just compensation.

Article VI

In all criminal prosecutions, the accused shall enjoy the right to
a speedy, and public trial, by an impartial jury of the State and
district wherein the crime shall have been committed, which dis-
trict shall have been previously ascertained by law, and be in-
formed of the nature and cause of the accusation ; to be confronted
with the witnesses against him; to have compulsory process for
obtaining witnesses in his favor, and to have the assistance of
counsel for his defense.



Constitution of the United States 107



Article VII

In suits at common law, where the value in controversy shall
exceed twenty dollars, the right of trial by jury shall be preserved
and no fact tried by a jury shall be otherwise re-examined in any
court of the United States than according to the rules of the com-
mon law.

Article VIII

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

Article IX

The enumeration in the Constitution of certain rights shall not
be construed to deny or disparage others retained by the people.

Article X

The powers not delegated to the United States by the Constitu-
tion, nor prohibited by it to the States, are reserved to the States
respectively, or to the people.

Article XI

The judicial power of the United States shall not be construed to
extend to any suit in law or equity, commenced or prosecuted
against one of the United States, by citizens of another State, or
by citizens or subjects of any foreign State.

(Proposed to the Legislatures of the several States by the Third
Congress on the 5th of March, 1794, and declared to have been
ratified by Executive Proclamation, January 8, 1798.)

Article XII

The electors shall meet in their respective States, and vote by
ballot for President and Vice President, one of whom at least shall
not be an inhabitant of the same State with themselves ; they shall
name in their ballots the person voted for as President, and in dis-
tinct ballots the 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



108 North Carolina Manual

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-
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-
ware, Massachusetts, and New Hampshire.)

Article XIII

1. Neither slavery nor involuntary servitude, except as a
punishment for crime whereof the party shall have been duly con-
victed, shall exist within the United States, or any place subject
to their jurisdiction.

2. Congress shall have power to enforce this article by appro-
priate legislation.



Constitution op the United States 109

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

Article XIV

1. All persons born or naturalized in the United States, and
subject to the jurisdiction thereof, are citizens of the United States
and of the State wherein they reside. No State shall make or en-
force any law which shall abridge the 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 numbers, counting the whole number
of persons in each State, excluding Indians not taxed. But when
the right to vote at any election for the choice of electors for 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 repi-esentation therein
shall be reduced in the proportion which the number of such male
citizens 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



110 North Carolina Manual

bounties for services in suppressing insurrection or rebellion, shall
not be questioned. But neither the United States nor any State
shall assume or pay any debt or obligation incurred in aid of in-
surrection or rebellion against the United States, or any claim for
the loss or emancipation of any slave; but all such debts, obliga-
tions, and claims shall be held illegal and void.

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

(The Reconstruction Amendment, by the Thirty-ninth Congress
on the 16th day of June, 1866, declared ratified by the Secretary
of State, July 28, 1868. The amendment got the support of 23
Northern States; it was rejected by Delaware, Kentucky, Mary-
land, and 10 Southern States. California took no action. Later it
was ratified by the 10 Southern States.)

Article XV

1. The right of the citizens of the United States to vote shall not
be denied or abridged by the United States or by any State on ac-
count of race, color, or previous condition of servitude.

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

(Proposed by the Fortieth Congress the 27th of February, 1869,
and was declared ratified by the Secretary of State, March 30,
1870. It was not acted on by Tennessee; it was rejected by 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



Constitution of the United States 111

years; and each Senator shall have one vote. The electors in each
State shall have the qualifications requisite for electors of the most
numerous branch of the State Legislatures.

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 Legislature
of any State may empower the Executive thereof to make tempor-
ary 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, Mississippi, Rhode Island, South Carolina, Utah and
Virginia.)

Article XVIII

1. After one year from the ratification of this article the manu-
facture, sale, or transportation of intoxicating liquors within, the
importation thereof into, or the exportation thereof from the
United States and all territory subject to the jurisdiction thereof
for beverage purposes is hereby prohibited.

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

3. This article shall be inoperative unless it shall have been
ratified as an amendment to the Constitution by the Legislatures
of the several States, as provided in the Constitution, within
seven years from the date of the submission hereof to the States
by the Congress.

(Proposed by the Sixty-fifth Congress, December 18, 1917, and
ratified by 36 States; was declared in effect on January 16, 1920.)

Article XIX

1. The right of citizens of the United States to vote shall not
be denied or abridged by the United States or by any State on
account of sex.

2. Congress shall have power, by appropriate legislation, to
enforce the provisions of this article.



112 North Carolina Manual

(Proposed by the Sixty-fifth Cong-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 M^hich such terms v^^ould 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
cualified; and the Congress may by law provide for the case
wherein neither a President elect nor a Vice President elect shall
have qualified, declaring who shall then act as President, or the
manner in which one who is to act shall be selected, and such
person shall act accordingly until a President or Vice President
shall have qualified.

4. The Congress may by law provide for the case of the death
of any of the persons from whom the House of Representatives
may choose a President whenever the 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 when-
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
ratified as an amendment to the Constitution by the legislatures
of three-fourths of the several States within seven years from
the date 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 eighteenth article of amendment to the Constitution of
the United States is hereby repealed.

2. The transportation or importation into any State, Territory,
or possession of the United States for delivery or use therein of
intoxicating liquors, in violation of the laws thereof, is hereby
prohibited.

3. This article shall be inoperative unless it shall have been
ratified as an amendment to the Constitution by 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 Con-
gress.

(Proposed by the 72nd Congress, Second Session. Proclaimed
in eff'ect on December 5, 1933, having been ratified by thirty-six
States. By proclamation of the same date, the President pro-
claimed that the eighteenth amendment to the Constitution was
repealed on December 5, 1933.)



PART II
CENSUS



POPULATION OF THE STATE OF NORTH CAROLINA

Seventeenth Census of the United States: 1950

Based on preliminary population figures, North Carolina's urban
places continued to grow faster than rural areas between 1940
and 1950, according to the seventeenth decennial census, issued by
Director Roy V. Peel, of the Bureau of the Census, Department
of Commerce.

According to the preliminary figures, the total urban population
increased from 974,175 in 1940 to 1,226,389 in 1950, or 25.9 per
cent, while the rural population increased from 2,597,448 in 1940
to 2,835,540 in 1950 or an increase of 9.2 per cent. The final count
of the Seventeenth Census for the entire state on April 1, 1950
was 4,061,929 compared to 3,571,623 for 1940, showing an increase
of 13.7 per cent. Urban residents accounted for 30.2 per cent of
the State's population in 1950 as compared with 27.3 per cent for
1940. Rural areas in 1950 accounted for 69.8 per cent of the total
population. The Census Bureau considers as urban areas the in-
corporated places of 2500 or more. The remaining territory is
classified as rural.

There were 30 incorporated places of 10,000 or more in 1950
according to preliminary counts. Four of these (Albemarle, Hen-
derson, Monroe, and Sanford) reached this size since 1940. All of
these cities increased in population between 1940 and 1950.

The final figures, by counties, of the 1950 census showed that
there was a gain in population in 78 of the 100 counties. Onslow
county, with an increase of 133.3 per cent had the most extensive
growth, followed by Cumberland with 61.8 per cent, Craven with
55.5 per cent. Orange with 49.2 per cent and New Hanover with
32.1 per cent.

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. The population passed 1,000,000 be-
tween 1860 and 1870, 2,000,000 between 1900 and 1910, 3,000,000
between 1920 and 1930, and 4,000,000 between 1940 and 1950. The
present population represents a density of 77.1 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: 1950



County or Place


Population


County or Place


Population


County or Place


Population


The State


4,061,929

1,226,389

2,835,540

30.2

71,220
14,554
8,155
26,781
21,878

13,352
37,134
26,439
29,703
19,238

124,403

45,518

63,783

43,352

5,223

23,059
20,870
61,794
25,392
18,294

12,540
6,006
64,357
50,621
48,823

96,006

6,201

5,405

62,244

15,420

41,074
101,639

51,634
146,135

31,341

110,836

9,555

6,886

31,793

18,024


Counties — Cont.
Guilford


191,057
58,377
47,605
37,631
30,921

21,453
15,756
6,479
56,303
19,261

65,906
11,004
23,522
45,953
27,459

25,720
16,174
20,522
27,938
197,052

15,143
17,260
33,129
59,919
63,272

28,432
42,047
34,435
9,993
24,347

18,423
9,602
24,361
63,789
11,627

50,804
39,597
87,769
64,816
75,410

46,356
49,780
26,336
37,130
21,520


Counties — Cont.
Surry

Swain . .






45,593


Rural


Halifax


9,921


Per Cent Urban.


Harnett..

Haywood

Henderson

Hertford

Hoke .-


Transylvania

Tyrrell

Union . _.


15,194

5,048

42,034


Counties:

Alamance

Alexander


Vance

Wake

Warren


32,101
136,450




23,539


Anson


Hyde


Washington

Watauga

Wayne

Wilkes.


13,180


Ashe


Iredell


18,342




Jackson




Avery


Johnston.

Jones. _ .


64,267
45,243




Wilson


54,506


Bertie


Yadkin...

Yancey

Incorporated
Places of 10,000
OR More

Albemarle

Asheville

Burlington

Charlotte

Concord . .


22,133


Bladen


Lee . .


16,306


Brunswick


Lenoir






Lincoln . .




Buncombe.-

Burke


McDowell.

Macon


Population
11,751


Cabarrus


52,208


Caldwell


Madison

Martin


24,495




133,219




Mecklenburg

Mitchell


16 720


Carteret


Durham

Elizabeth City...

Fayette ville

Gastonia.

Goldsboro

Greensboro

Greenville

Henderson

Hickory..

High Point

Kinston .. .


70,307


Caswell -


Montgomery

Moore . .


12,682


Catawba


34,605




Nash


23,003


Cherokee

Chowan -


New Hanover

Northampton

Onslow


21,399
73,703


Clay,..


16,713


Cleveland


Orange


10,942


Columbus


Pamlico . . . .


14,691


Craven


Pasquotank

Pender .


39,930


Cumberland


18,278


Currituck.


Perquimans

Person.


Lexington

Monroe


13,562


Dare..


10,113


Davidson


Pitt . -


New Bern

Raleigh

Reidsville

Rocky Mount

Salisbury...

Sanford-. . .


15,784


Davie


Polk.

Randolph

Richmond

Robeson


65,123


Duplin . . . .


11,760


Durham

Edgecombe


27,644
19,999


Forsyth..


Rockingham

Rowan

Rutherford

Sampson

Scot and.

Stanly


10,004


Franklin


Shelby


15,508


Gaston


Statesville

Thomas ville

Wiknington

Wilson . - . -


16,763


Gates


11,126


Graham ...


44,975


Granville


22,964


Greene


Stokes


Winston-Salem...


86,816









Population of Cities and Towns



119



TABLE 2. POPULATION OF INCORPORATED PLACES OF LESS
THAN 10,000 IN NORTH CAROLINA: 1950



City or Town



2,500 to 10,000

Ahoskie _ _

Asheboro

Beaufort -

Belmont

Bessemer City

Boone -

Brevard.- _

Canton

Chapel Hill

Cherryville

Clinton

Draper

Dunn_. -

Edenton _.

Elkin

Farmville

Forest City

Graham

Hamlet .

Hendersonville

Jacksonville

Kings Mountain..

Laurinburg

Leaksville

Lenoir. _.

Lincoln ton

Louisburg

Lumberton

Marion..

Mooresville

Morehead City...

Morgan ton

Mount Airy

Mount Olive

Newton

North Wilkesboro

Oxford

Plymouth

Roanoke Rapids..
Rockingham

Roxboro

Rutherfordton

Scotland Neck

Selma

Smithfield



County



Hertford

Randolph

Carteret

Gaston

Gaston

Watauga

Transylvania. .

Haywood

Orange

Gaston

Sampson

Rockingham...

Harnett

Chowan

Surry

Pitt

Rutherford

Alamance

Richmond

Henderson

Onslow

Cleveland

Scotland

Rockingham...
Caldwell

Lincoln

Franklin

Robeson

McDowell

Iredell

Carteret

Burke

Surry

Wayne

Catawba

Wilkes

Granville

Washington

Halifax

Richmond

Person

Rutherford

Halifax

Johnston

Johnston



Popula-
tion



3,568
7,674
3,217
5,341
3,965



2,964
3,893
4,924
9,169
3,486



4,399
3,629
6,325
4,454

2,844

2,941
4,965
5,013
4,917
6,061



928
193
126
057
863



5,419
2,541
9,164
2,726
7,118

5,055
8,252
7,194
3,728
6,015

4,370
6,703
4,471
8,123
3,319



,047
,139
,758
,634
,574



City or Town



2,500 to 10,003
— Continued

Southern Pines

Spencer

Spindale

Tarboro

Valdese



Wadesboro . .
Wake Forest.
Washington..
Waynesville . .
Whiteville...
Williamston. .



Less than 2,500

Aberdeen

Andrews

Angier

Apex

Archdale

Aulander

Ayden

Belhaven

Benson

Bethel



Biscoe

Black Mountain.
Boiling Springs..

Bryson City

Burgaw



Burnsville

Carolina Beach.

Carrboro

Carthage

Cary



Chadbourn . .
China Grove.

Clayton

Coats.

Columbia



Conover

Cornelius.

Dallas

Davidson.

East Flat Rock.



East Lumberton.

East Spencer

Elizabethtown. ..

Elon College

Enfield



County



Moore

Rowan

Rutherford- ..
Edgecombe...
Burke

Anson

Wake.

Beaufort

Haywood

Columbus

Martin

Moore

Cherokee

Harnett

Wake

Randolph

Bertie

Pitt

Beaufort

Johnston

Pitt

Montgomery.

Buncombe

Cleveland

Swain

Pender

Yancey

New Hanover

Orange

Moore

Wake

Columbus

Rowan

Johnston

Harnett

Tyrrell

Catawba