North Carolina manual

              NORTH CAROLINA
2
SECRETARY OF STATE
3
Executive
Elaine F. Marshall North Carolina Secretary of State
Rodney Maddox Chief Deputy Secretary of State
George Jeter Director of Communications
Publications Division
Liz Proctor Editor
Linda Wise Editorial Assistant
Cathy Moss Editorial Assistant
Mailing Address
NC Department of the Secretary of State
PO Box 29622
Raleigh NC 27626-0622
Website Address
www.sosnc.com
North Carolina Department of the Secretary of State
NORTH CAROLINA
4
For over a century, the North Carolina Manual has served as a thorough historical
reference source for North Carolina state government and politics. In fact, I cannot
think of another source for these topics as comprehensive as this one.
Americans in general and North Carolinians in particular have always emphasized
the importance of an informed citizenry in maintaining the health of our democracy.
The North Carolina Manual informs us about what our government does and who
has made the decisions that affect us. The Manual helps the state’s various executive
branch agencies, universities and colleges and other institutions educate the people of
North Carolina about their respective missions. In turn, I think, the Manual reminds
us that state government — and the political process — is not some faceless machine,
but a human creation that functions only as well as the wisdom and sound judgment
of the people who lead it.
The North Carolina Manual also helps put a face on North Carolina itself for the
many people outside our state who may wonder what kind of place North Carolina
is and what its residents are like. Our state, as all of us know, enjoys a combination
of scenic beauty, diversity of natural resources and quality of living that is unmatched
by any other state in the United States. It is also a place where people accomplish
great things without undue or excessive public pride or boastfulness. North Carolina’s
A Message from the North Carolina Secretary of State
SECRETARY OF STATE
5
greatest resource throughout its four centuries of existence has been its people. Our
state has provided more than its fair share of regional and national leaders in politics,
journalism, science, technology, business, industry, national defense, education and
the arts. Our state, in many respects, is a very humble, unpretentious giant.
If this edition of the North Carolina Manual is your fi rst exposure to our state, I
would like to thank you for taking an interest in North Carolina. As any of our residents
can tell you, it is an interest that will repay you many times over. Enjoy!
Elaine F. Marshall
N.C. Secretary of State
6
Introduction
A Message from the North Carolina Secretary of State..........................................4
Chapter One
North Carolina’s State Symbols.............................................................................8
Chapter Two
North Carolina’s Beginnings...............................................................................54
Chapter Three
Our Constitutions: A Historical Perspective........................................................68
Chapter Four
The Council of State and the Executive Branch................................................128
The Office of the Governor...............................................................................136
The Council of State.........................................................................................155
The State Cabinet.............................................................................................209
Chapter Five
The State Legislature........................................................................................266
2009-2010 North Carolina Senate....................................................................274
2009-2010 North Carolina House of Representatives.......................................337
Chapter Six
The Judicial Branch..........................................................................................480
N.C. Supreme Court.........................................................................................489
N.C. Court of Appeals......................................................................................498
N.C. Superior Court Judges..............................................................................506
N.C. District Court Judges................................................................................510
N.C. District Attorneys.....................................................................................518
Chapter Seven
UNC System Colleges and Universities.............................................................520
TABLE OF CONTENTS
7
Chapter Eight
N. C. Community College System....................................................................560
Chapter Nine
Private Colleges and Universities......................................................................612
Chapter Ten
North Carolina Political Parties.........................................................................616
Democratic Party of North Carolina Platform.............................................617
Libertarian Party of North Carolina Platform..............................................640
Republican Party of North Carolina Platform.............................................649
Chapter Eleven
United States Government................................................................................658
Constitution of the United States......................................................................659
Amendments to the U.S. Constitution..............................................................670
President of the United States.......................................................................... 680
One Hundred and Eleventh U.S. Congress.......................................................685
United States Judiciary.....................................................................................702
United States District Court in North Carolina.................................................703
Chapter Twelve
Counties and Their Governments.....................................................................704
Chapter Thirteen
Elections and Voting Records............................................................................734
Chapter Fourteen
North Carolina Population Data.......................................................................764
Chapter Fifteen
Foreign Consuls in North Carolina...................................................................788
NORTH CAROLINA
STATE SYMBOLS
Lords Proprietor Seal Albemarle Seal 1665-1730
North Carolina’s State Symbols
Like every other state in the U.S. and nearly every country in the world, North
Carolina’s state government has selected a wide array of official state symbols. Some
of these symbols, such as the state seal, are historic relics that played an important
legal role earlier in the state’s history. Others are symbols chosen by the N.C. General
Assembly to promote important North Carolina products, natural resources and
human achievements. Some symbols are literally larger than life, particularly such
historic state buildings as the North Carolina Capitol, the N.C. Legislative Building
and the Executive Mansion, the official residence of North Carolina’s governor. All
North Carolina symbols share one important function, namely reminding North
Carolinians and the rest of the world of our state’s cultural character, natural wonders
and rich history.
The Great Seal of the State of North Carolina
The state seal is probably the oldest official state symbol. A seal for important
documents was used before a state government was organized in North Carolina.
During the colonial period North Carolina used four different seals in succession.
Since independence, the state has used six different versions of the seal.
10
N O R T H C A R O L I N A MA N U A L 2009-2010
Provincial Seal 1730-1767 Provincial Seal 1767-1776
Shortly after King Charles II issued the Charter of 1663 to the Lords Proprietor, a
seal was adopted to use in conjunction with their newly-acquired domains in America.
No official description has been found of the seal but it can be seen in the British
Public Record Office in London. The seal had two sides and was 3 and 3/8 inches in
diameter. The impression was made by bonding two wax cakes together with tape
before being impressed. The finished impression was about a quarter-inch thick. This
seal was used on all official papers of the Lords Proprietor of Carolina, which at the
time included all of the territory inside the current borders of both North Carolina
and South Carolina.
When the Government of Albemarle was organized in 1665, it adopted for a seal
the reverse side of the seal of the Lords Proprietor. Between the coat of arms, the word
A-L-B-E-M-A-R-L-E was fixed in capitals beginning with the letter “A” between the
Craven arms and those of Lord John Berkeley. The Albemarle seal was small, only 1
and 7/16 inches in diameter, and had only one face. The seal was usually impressed
on red wax, but was occasionally imprinted on a wafer stuck to the instrument with
soft wax. The government for Albemarle County was the first to use the seal. As the
colony grew, it became the seal of the entire Province of North Carolina. It continued
in use until just after the purchase of North Carolina by the crown.
During the troublesome times of the Cary Rebellion, the Albemarle seal was not
used. Instead, Cary used his family arms as a seal for official papers. William Glover
used his private seal during his presidency as well.
11
N O R T H C A R O L I N A ’ S S T A T E S YMB O L S   C H A P T E R O N E
State Seal 1779-1794 State Seal 1794 -1836
When North Carolina became a royal colony in 1729, the old “Albemarle” seal was
no longer applicable. On February 3, 1730, the Board of Trade recommended that the
king order a public seal for the Province of North Carolina. Later that same month,
the king approved the recommendations and ordered that a new seal be prepared
for the governor of North Carolina. On March 25, the Board of Trade presented the
king with a draft of the proposed seal for his consideration. The king approved the
proposed new seal on April 10 with one minor change: “Georgius Secundus” was to be
substituted for the original “Geo. II.” The chief engraver of seals, Rollos, was ordered
to “engrave a silver Seal according to said draught …”
The arrival of the new seal in North Carolina was delayed; so when the council
met in Edenton on March 30, 1731, the old seal of the colony was ordered to be
used until the new seal arrived. The new seal arrived in late April and the messenger
fetching the seal from Cape Fear was paid £10 for his journey. The impression of the
new seal was made by placing two cakes or layers of wax together, then interlacing
ribbon or tape with the attached seal between the wax cakes. It was customary to
put a piece of paper on the outside of three cakes before they were impressed. The
complete seal was 4 and 3/8 inches in diameter and from 1/2 to 5/8 inches thick and
weighed about 5 and 1/2 ounces.
At a meeting of the council held in New Bern on December 14, 1767, Governor
Tryon produced a new great seal of the province with His Majesty’s Royal Warrant
from the Court of St. James bearing the date of the 9th day of July, 1767. The old seal
was returned to his Majesty’s Council office at Whitehall in England. Accompanying
12
N O R T H C A R O L I N A MA N U A L 2009-2010
State Seal 1836 - 1893 State Seal 1893 - 1971
the warrant was a description of the new seal with instructions that the seal be used
to seal all patents and grants of lands and all public instruments passed in the king’s
name for service within the province. It was 4 inches in diameter, 1/2 to 5/8 inches
thick, and weighed 4 and 1/2 ounces.
Sometimes a smaller seal than the Great Seal was used on commissions and grants,
such as a small heart-shaped seal or a seal in the shape of an ellipse. These impressions
were evidently made by putting the wax far enough under the edge of the Great Seal
to take the impression of the crown. The royal governors also used their private seals
on commissions and grants.
Lord Granville, after the sale of the colony by the Lords Proprietor, retained his
right to issue land grants. He used his private seal on the grants he issued. The last
reference found to the colonial seal is in a letter from Governor Martin to the Earl of
Hillsborough in November, 1771, in which he recounts the broken condition of the
seal. He states the seal had been repaired and though “awkwardly mended… [it was]
in such manner as to answer all purposes.”
Following independence, Section XVII of the new constitution adopted at Halifax
on December 18, 1776, provided “That there shall be a Seal of this State, which shall
be kept by the Governor, and used by him as occasion may require; and shall be
called the Great Seal of the State of North Carolina, and be affixed to all grants and
commissions.” When a new constitution was adopted in 1868, Article III, Section 16,
provided for “…a seal of the State, which shall be kept by the Governor, and used
13
N O R T H C A R O L I N A ’ S S T A T E S YMB O L S   C H A P T E R O N E
State Seal 1971 - 1984 State Seal 1984 - present
by him, as occasion may require, and shall be called The Great Seal of the State of
North Carolina.” It also provided for the Secretary of State to countersign with the
governor. When the people of North Carolina ratified the current state constitution
in 1970, Article III, Section 10, contained provisions for “The Great Seal of the State
of North Carolina.” However, the wording which authorized the Secretary of State to
countersign documents was removed.
On December 22, 1776, the Provincial Congress at Halifax appointed William
Hooper, Joseph Hewes and Thomas Burke as commissioners to procure a seal for
the state. There is no record, however, that the commission ever made a report. The
congress authorized the governor to use his “private seal at arms” until a great seal
for the state was procured. A bill to do just that became law on May 2, 1778. The
legislation appointed William Tisdale, Esq., to cut and engrave a seal for the state.
On Sunday, November 7, 1779, the Senate granted Tisdale £150 to make the seal.
The seal procured under this act was used until 1794. The actual size of the seal was
3 inches in diameter and 1/4 inch thick. It was made by putting two cakes of wax
together with paper wafers on the outside and pressing them between the dies, thus
forming the obverse and reverse sides of the seal. An official description of this seal
cannot be found, but many of the seals still in existence are in an almost perfect state
of preservation.
In January, 1792, the General Assembly authorized a new state seal, requiring
that it be prepared with only one side. Colonel Abisha Thomas, an agent of North
14
N O R T H C A R O L I N A MA N U A L 2009-2010
Carolina commissioned by Governor Martin, was in Philadelphia to settle the state’s
Revolutionary War claims against the federal government. Martin sent a design to
Colonel Thomas for a new seal for the state; however, after suggestions by Dr. Hugh
Williamson and Senator Samuel Johnston, this sketch was disregarded and a new one
submitted. This new sketch, with some modification, was finally accepted by Governor
Spaight, and Colonel Thomas had the seal made accordingly.
The seal press for the old seal had proved unwieldy due to its two-sided nature
and large diameter. Governor Richard Dobbs Spaight in a letter to Colonel Abisha
Thomas in February, 1793, wrote: “Let the screws by which the impression is to
be made be as portable as possible so as it may be adapted to our present itinerant
government. The one now in use by which the Great Seal is at present made is so
large and unwieldy as to be carried only in a cart or wagon and of course has become
stationary at the Secretary’s office which makes it very convenient.” The seal was cut
some time during the summer of 1793. Colonel Thomas brought it home with him
in time for the meeting of the legislature in November, 1793, at which session it was
“approbated.” The screw to the seal was 2 and 1/2 inches in diameter and was used
until around 1835.
In the winter of 1834-35 the legislature enacted legislation authorizing the
governor to procure a new seal. The preamble to the act stated that the old seal had
been used since the first day of March, 1793. A new seal, which was very similar to
its predecessor, was adopted in 1835 and continued in use until 1893. In 1868, the
legislature authorized the governor to procure a new replacement seal and required
him to do so whenever the old one was lost or so worn or defaced that it was unfit
for use. In 1883, Colonel S. McD. Tate introduced a bill that described in more detail
what the seal should be like. In 1893, Jacob Battle introduced a bill to add the state
motto, “Esse Quam Videri,” to the foot of the state’s coat of arms and the words “May
20, 1775,” to the top of the coat-of-arms. By the late 19th and early 20th century, the
ship that appeared in the background of the early seals had disappeared. The North
Carolina mountains formed the only backdrop on the seal.
The 1971 General Assembly, in an effort to “provide a standard for the Great
Seal of the State of North Carolina,” passed the following act amending the General
Statutes provision relative to the State Seal:
The Governor shall procure of the State a Seal, which shall be called the Great
Seal of the State of North Carolina, and shall be two and one-quarter inches in
diameter, and its design shall be a representation of the figures of Liberty and Plenty,
looking toward each other, but not more than half-fronting each other and otherwise
disposed as follows: Liberty, the first figure, standing, her pole with cap on it in her
15
N O R T H C A R O L I N A ’ S S T A T E S YMB O L S   C H A P T E R O N E
left hand and a scroll with the word “Constitution” inscribed thereon in her right
hand. Plenty, the second figure, sitting down, her right arm half extended toward
Liberty, three heads of grain in her right hand, and in her left, the small end of her
horn, the mouth of which is resting at her feet, and the contents of the horn rolling out.
The background on the seal shall contain a depiction of mountains running
from left to right to the middle of the seal. A side view of a three-masted ship shall
be located on the ocean and to the right of Plenty. The date “May 20, 1775” shall
appear within the seal and across the top of the seal and the words “esse quam
videri” shall appear at the bottom around the perimeter. No other words, figures or
other embellishments shall appear on the seal.
It shall be the duty of the Governor to file in the office of the Secretary of State
an impression of the great seal, certified to under his hand and attested to by the
Secretary of State, which impression so certified the Secretary of State shall carefully
preserve among the records of this Office.
The late Julian R. Allsbrook, who served in the North Carolina Senate for many
years, felt that the adoption date of the Halifax Resolves ought to be commemorated
on the state seal as it was already on the state flag. This was to “serve as a constant
reminder of the people of this state’s commitment to liberty.” Legislation adding the
date “April 12, 1776” to the Great Seal of the State of North Carolina was ratified May
2, 1983, with an effective date of January 1, 1984. Chapter 257 of the 1983 Session
Laws of North Carolina included provisions that would not invalidate any Great Seal
of the State of North Carolina in use or on display. Instead replacement could occur
as the need arose.
16
N O R T H C A R O L I N A MA N U A L 2009-2010
North Carolina State Flag
Legislative records indicate that an official state flag for North Carolina was not
established or recognized until 1861. The constitutional convention of 1861, which
passed the ordinance of secession, adopted a state flag. On May 20, 1861, the day the
secession resolution was adopted, Col. John D. Whitford, a member of the convention
from Craven County, introduced an ordinance to create a state flag. The ordinance
specified that the flag should contain a blue field with a white V on it and a star
encircled by the words, “Surgit astrum, May 20, 1775.”
Colonel Whitford chaired the committee to which this ordinance was referred.
William Jarl Browne, a Raleigh artist, prepared and submitted a model to the committee
and the convention approved Browne’s design on June 22, 1861. The Browne model
differed significantly from the original design proposed by Colonel Whitford. The law
creating the new state flag included this description:
The Flag of North Carolina shall consist of a red field with a white star in the
centre, and with the inscription, above the star, in a semi-circular form, of “May
20th, 1775,” and below the star, in a semi-circular form, of “May 20th, 1861.” That
there shall be two bars of equal width, and the length of the field shall be equal to
the bar, the width of the field being equal to both bars: the first bar shall be blue,
and second shall be white: and the length of the flag shall be one-third more than
its width.[Ratified the 22nd day of June, 1861]
17
N O R T H C A R O L I N A ’ S S T A T E S YMB O L S   C H A P T E R O N E
This state flag was issued to North Carolina regiments of state troops during the
summer of 1861 and borne by them throughout the war. It was the only flag, except
the national and Confederate colors, used by North Carolina troops during the Civil
War. This version of the flag existed until 1885, when the General Assembly adopted
a new design. General Johnstone Jones introduced the bill to redesign the state flag
on February 5, 1885. The measure passed its final reading one month later after little
debate:
An Act to Establish a State Flag
It is interesting to examine the significance of the dates found on the flag. The
first date, “May 20, 1775,” refers to the Mecklenburg Declaration of Independence,
although the document’s authenticity was in question at the time (and remains so). The
second date appearing on the state flag of 1861, “May 20th, 1861,” commemorated
North Carolina’s secession from the Union. When a new flag was adopted in 1885,
this date was replaced with “April 12th, 1776” to commemorate the Halifax Resolves,
which had placed North Carolina in the very front ranks of those colonies fighting
for independence from Britain.
From 1885 to 1991, there was no change in our state flag. The 1991 General
Assembly made minor changes to the flag, changing the length of the flag from 1/3
of its width to 1/2. It also deleted the commas before the year dates. Public use of
the flag has become more common. A 1907 General Assembly act requires state flag
displays at all state institutions, public buildings and court houses.
18
N O R T H C A R O L I N A MA N U A L 2009-2010
The Cardinal – State Bird
The cardinal was selected by popular choice as North Carolina’s official State Bird
on March 4, 1943 (Session Laws, 1943 c. 595; G.S. 145-2). Also known as the win-ter
redbird, the cardinal is a year-round resident of North Carolina and is one of the
most common birds that inhabit our state’s gardens, meadows and woodlands. The
male cardinal is red all over, except for the area of its throat and the region around its
bill, which is black. It is about the size of a catbird, only with a longer tail. The head
is conspicuously crested and the large stout bill is red. The female cardinal is much
duller in color with the red confined mostly to the crest, wings and tail. There are no
seasonal changes in the cardinal’s plumage.
Male and female cardinals alike are renowned as song birds. The cardinal’s nest
tends to be a rather untidy affair built of weed stems, grass and similar materials in
low shrubs, small trees or bunches of briars, generally not over four feet above the
ground. Cardinals in North Carolina typically set three eggs each spring. Further north,
cardinals tend to set four eggs in spring. Seeds are the mainstay of the cardinal’s diet,
but it will also eat small fruits and insects.
19
N O R T H C A R O L I N A ’ S S T A T E S YMB O L S   C H A P T E R O N E
The Dogwood – State Flower
The General Assembly of 1941 designated the dogwood as the State Flower (Public
Laws, 1941, c. 289; G.S. 145-1). The dogwood is one of the most prevalent trees in
our state and can be found in all parts of the state from the mountains to the coast.
Its blossoms, which appear in early spring and continue on into summer, are most
often found in white, although shades of pink (red) are not uncommon.
20
N O R T H C A R O L I N A MA N U A L 2009-2010
The Honey Bee – State Insect
The General Assembly of 1973 designated the industrious honey bee as the official
State Insect (Session Laws, 1973, c. 55). This industrious creature is responsible for
the annual production of more than $651,000 worth of honey in the state. The North
Carolina Department of Agriculture estimates that, in 1998, North Carolina had
nearly 8,000 honey-producing bee colonies maintained by apiculturists throughout
the state. The department also estimates that each colony produced an average of 59
lbs. of honey that year, a statewide honey output estimated for the year at 472,000
lbs. However, the greatest value of honey bees is their role in the growing cycle as a
major contributor to the pollination of North Carolina crops.
21
N O R T H C A R O L I N A ’ S S T A T E S YMB O L S   C H A P T E R O N E
The Pine – State Tree
The pine tree was officially designated as the State Tree by the General Assembly
of 1963. (Session Laws, 1963, c.41) The pine is the most common tree found in
North Carolina, as well as the most important one in the history of our state. During
the colonial and early statehood periods, the state’s economy centered on products
derived from the pines that grew throughout North Carolina. Many of the crucial
naval stores — resin, turpentine and timber — needed by British and American
merchant mariners and the navies of both nations came from North Carolina. North
Carolina remains a major cultivator of pine trees and producer of pine tree products,
particularly in the building industry. The state has also become a major source of
Christmas trees for the entire nation. The North Carolina Department of Agriculture
estimates that the state’s 1,600 commercial evergreen growers sold $92 million
worth of Christmas trees, wreaths, roping and greenery in 1998. Most of the state’s
Christmas trees are raised in Ashe, Avery, Alleghany, Watauga and Jackson counties
in the North Carolina mountains.
22
N O R T H C A R O L I N A MA N U A L 2009-2010
The Gray Squirrel – State Mammal
The General Assembly of 1969 designated the gray squirrel as the official State
Mammal (Session Laws, 1969. c. 1207; G.S. 145-5). The gray squirrel is a common
inhabitant of most areas of North Carolina from “the swanps of eastern North
Carolinato the upland hardwood forests of the piedmont and western counties.: This
tree-dwelling rodent thrives equally well in an “untouched wilderness” environment
and in urban areas and suburbs. To the delight of hikers and park dwellers alike,
this furry crature is extreamly active during the day and, like most humans, sleeps
at night. In its favorite habitat - the evergreen coniferous forest - the gray squirrel
is much larger than other species of squirrels, usually driving away the red squirrel
(Tamiascurus) whenever the two species meet. The gray squirrel is not a pickey eater.
During the fall and winter months, it survives on a diet of hardwoods, with acorns
providing most of its carbgohydrates and proteins. In the spring and summer, its diet
consists of “new growth and fruits” supplemented by early corn, peanuts, and the
occasional insect. Many squirrels in cities supplement their natural diet with raids
on bird feeders.
23
N O R T H C A R O L I N A ’ S S T A T E S YMB O L S   C H A P T E R O N E
State Toast
The following toast was officially adopted as the State Toast of North Carolina by
the General Assembly of 1957 (Session Laws, 1957, c.777):
Here’s to the land of the long leaf pine,
The summer land where the sun doth shine,
Where the weak grow strong and the strong grow great,
Here’s to “Down Home,” the Old North State!
Here’s to the land of the cotton bloom white,
Where the scuppernong perfumes the breeze at night,
Where the soft southern moss and jessamine mate,
‘Neath the murmuring pines of the Old North State!
Here’s to the land where the galax grows,
Where the rhododendron’s rosette glows,
Where soars Mount Mitchell’s summit great,
In the “Land of the Sky,” in the Old North State!
Here’s to the land where maidens are fair,
Where friends are true and cold hearts rare,
The near land , the dear land, whatever fate
The blest land, the best land, the Old North State!
State Motto
The General Assembly of 1893 (Chapter 145) adopted the words “Esse Quam
Videri” as the state’s official motto. The legislators directed that these words, along
with the date “20 May, 1775,” be placed with North Carolina’s coat of arms upon the
Great Seal of the State of North Carolina. “Esse Quam Videri” means “to be rather
than to seem.” Nearly every U.S. state has adopted a motto, generally in Latin. North
Carolina’s motto is quoted from Cicero’s essay on friendship (Cicero, de Amnicitia,
Chapter 26). Until the 1893 act, North Carolina had no motto. It was one of the few
states which did not have a motto and the only one of the original thirteen without one.
24
N O R T H C A R O L I N A MA N U A L 2009-2010
The Emerald – State Precious Stone
The General Assembly of 1973 designated the emerald as the official State
Precious Stone (Session Laws, 1973, c. 136). A greater variety of minerals, more
than 300, have been found in North Carolina than in any other state. These minerals
include some of the most valuable and unique gems in the world.
The largest emerald ever found in North Carolina was 1,438 carats and was
found at Hiddenite, near Statesville. The Carolina Emerald, now owned by Tiffany
& Company of New York, was also found at Hiddenite in 1970. When cut to 13.14
carats, the stone was valued at the time at $100,000 and became the largest and finest
cut emerald on this continent.
25
N O R T H C A R O L I N A ’ S S T A T E S YMB O L S   C H A P T E R O N E
The Channel Bass – State Salt Water Fish
The General Assembly of 1971 designated the Channel Bass (Red Drum) as
the official State Salt Water Fish (Session laws, 1971, c.274; G.S. 145-6). Channel
bass can usually be found in large numbers along the Tar Heel coastal waters. The
N.C. Division of Marine Fisheries lists the current state saltwater record and world
all-tackle record for a red drum as a 94-lb. specimen caught on Hatteras Island in
1984. Other channel bass taken off the North Carolina coast have weighed up to
75 pounds, although most large catches average between 30 and 40 pounds. North
Carolina currently limits sport anglers to no more than one channel bass longer than
18 inches per day and none over 27 inches. The state does not permit sales of channel
bass over 27 inches. Federal law currently prohibits fishing for channel bass any further
out than three miles from the coast. The N.C. Division of Marine Fisheries estimates
that recreational anglers landed 64,782 channel bass totaling 326,573 lbs. in 1999.
26
N O R T H C A R O L I N A MA N U A L 2009-2010
The Scotch Bonnet – State Shell
The General Assembly of 1965 designated the Scotch Bonnet (pronounced
bone-AY) as the official State Shell (Session Laws, 1965, c. 681). A colorful and
beautifully-shaped shell, the Scotch Bonnet (Phalium granulatum) is abundant in
North Carolina coastal waters at depths between 500 and 200 feet. The best source
of live specimens is from offshore commercial fishermen.
27
N O R T H C A R O L I N A ’ S S T A T E S YMB O L S   C H A P T E R O N E
The Eastern Box Turtle – State Reptile
This terrestrial turtle is found throughout the eastern United States, and as
far west as Texas. The Eastern Box Turtle’s distinctive hinged bottom shell allows it
to completely “box” itself inside its shell to protect itself from predators in the wild.
Its domed top shell features brightly colored patterns that can vary greatly from one
turtle to the next.
The Eastern Box Turtle is an important part of North Carolina’s natural heritage
that, with a conscientious conservation effort, we will be able to enjoy for many years.
The General Assembly of 1979 designated the Eastern Box Turtle as the official
State Reptile for North Carolina. (Session Laws, 1979, c. 154).
28
N O R T H C A R O L I N A MA N U A L 2009-2010
Granite – State Rock
The General Assembly of 1979 designated granite as the official State Rock
(Session Laws, 1979, c.906). North Carolina has been blessed with an abundant
source of “the noble rock,” granite. The largest open-face granite quarry in the world,
measuring one mile long and 1,800 feet in width, lies near Mount Airy in Surry County.
Granite from this quarry is unblemished, gleaming and has few interfering seams to
mar its splendor. The high quality of this granite allows its widespread use as a building
material, in both industrial and laboratory applications where super-smooth surfaces
are necessary. North Carolina granite has been used for many magnificent edifices of
government throughout the United States such as the Wright Brothers Memorial at
Kitty Hawk, the gold depository at Fort Knox, the Arlington Memorial Bridge and
numerous courthouses throughout the land. Granite is a symbol of strength and
steadfastness, qualities characteristic of North Carolinians.
29
N O R T H C A R O L I N A ’ S S T A T E S YMB O L S   C H A P T E R O N E
Milk – State Beverage
The General Assembly of 1987 adopted milk as the official State Beverage
(Session Laws, 1987, c. 347). In making milk the official state beverage, North
Carolina followed many other states, including its immediate neighbor to the north,
Virginia, and Wisconsin, the nation’s number one dairy state. The state’s dairy
farmers produced 127 million gallons of milk in 1998. The annual income from this
production amounted to nearly $209 million in 1998. North Carolinians consume
over 143 million gallons of milk every year.
30
N O R T H C A R O L I N A MA N U A L 2009-2010
The Shad Boat – State Historic Boat
The General Assembly of 1987 adopted the shad boat as the official State
Historic Boat (Session Laws, 1987, c. 366). The shad boat, first developed on Roanoke
Island, is known for its unique crafting and high maneuverability. The boat’s name is
derived from the fish it was used to catch — the shad. Traditional small sailing craft
were generally ill-suited to the waterways and weather conditions along the North
Carolina coast. The shallow draft of the shad boat, plus its speed and easy handling,
made it ideal for use in the state’s upper northeast sounds where the water was shal-low
and the weather changed rapidly. Shad boats were built using native trees such
as cypress, juniper, and white cedar, and varied in length between twenty-two and
thirty-three feet. Construction was so expensive that production of the shad boat
ended in the 1930s, although they were widely used into the 1950s. The boats were
so well constructed that some, nearly 100 years old, are still seen around Manteo and
Hatteras. The North Carolina Maritime Museum in Beaufort also has a shad boat in
its historic boat collection.
31
N O R T H C A R O L I N A ’ S S T A T E S YMB O L S   C H A P T E R O N E
The Plott Hound – State Dog
The Plott hound was adopted as our official State Dog on August 12, 1989
(Session Laws of North Carolina, 1989 c. 773; G.S. 145-13). The Plott hound originated
in the mountains of North Carolina around 1750 and is the only breed known to
have originated in this state. Named for Jonathon Plott, the German immigrant who
developed the breed as a wild boar hound, the Plott hound is a legendary hunting
dog known as a courageous fighter and tenacious tracker. He is also a gentle and
extremely loyal companion to North Carolina’s hunters. The Plott hound is very quick,
has superior treeing instincts and has always been a favorite of big-game hunters. The
Plott hound has a beautiful brindle-colored coat and a spine-tingling, bugle-like call.
It is also only one of four breeds known to be of American origin.
32
N O R T H C A R O L I N A MA N U A L 2009-2010
The Sweet Potato – State Vegetable
The General Assembly of 1995 designated the sweet potato as the
official State Vegetable (Session Laws, 1995, c.521). A staple of the traditional
North Carolina diet since pre-Columbian times, the sweet potato is a nutritious
source of vitamins A and C, as well as being low in fat. North Carolina is the
largest producer of sweet potatoes in the United States. According to the N.C.
Department of Agriculture, North Carolina growers raised 5.88 million lbs. of
sweet potatoes in 2003. That year’s crop generated $79 million in cash receipts.
33
N O R T H C A R O L I N A ’ S S T A T E S YMB O L S   C H A P T E R O N E
State Name and Nicknames
In 1629, King Charles I of England “erected into a province,” all the land from
Albemarle Sound on the north to the St. John’s River on the south, which he directed
should be called Carolina. The word Carolina is from the word Carolus, the Latin
form of Charles. When Carolina was divided in 1710, the southern part was called
South Carolina and the older northern settlement, North Carolina. From this came
the nickname the “Old North State.”
During its early history, North Carolina was best-known for products derived from
pine trees, particularly tar pitch and turpentine, which were crucial naval supplies in
the days of wooden sailing ships. A popular state legend holds that, during the First
Battle of Manassas in 1861, a charge by federal troops against part of the Confederate
army’s lines broke through a Virginia regiment, causing its soldiers to flee to the rear
in panic. The North Carolina regiments holding the line next to the shattered Virginia
regiment, however, held their ground, stemming the Union Army’s breakthrough.
After the battle the North Carolinians, who had successfully fought it out alone,
were greeted by the chagrined derelict regiment with the question:
“Any more tar down in the Old North State, boys?”
Quick as a flash came the answer:
“No, not a bit, old Jeff’s bought it all up.”
“Is that so? What is he going to do with it?” the Virginians asked.
“He is going to put it on you-uns’ heels to make you stick better in the next fight!”
R.B. Creecy claims that General Robert E. Lee, upon hearing of the incident, said: “God
bless the Tar Heel boys,” and that the name stuck to all North Carolina troops serving in the
Army of Northern Virginia afterwards. (Adapted from Grandfather Tales of North Carolina
by R.B. Creecy and Histories of North Carolina Regiments, Vol. III, by Walter Clark).
State Colors
The General Assembly of 1945 declared the shades of red and blue found in the
North Carolina state flag and the United States flag as the official State Colors. (Session
Laws, 1945, c.878).
34
N O R T H C A R O L I N A MA N U A L 2009-2010
State Song
The song known as “The Old North State” was adopted as the official song of the
State of North Carolina by the General Assembly of 1927. (Public Laws, 1927, c.26;
G.S. 149-1).
35
N O R T H C A R O L I N A ’ S S T A T E S YMB O L S   C H A P T E R O N E
The Carolina Tartan -- The State Tartan
North Carolina has long celebrated its historical and cultural ties to Scotland. Scots
and Scots-Irish immigrants were crucial to the state’s population and development
both before and after the American Revolution. Much of the state’s traditional culture,
especially music, has roots in Scots culture. The 1991 General Assembly designated
the Carolina Tartan as the Official Tartan of North Carolina.
36
N O R T H C A R O L I N A MA N U A L 2009-2010
The Colonial Spanish Mustang -- The State Horse
Believed to be descendants of the Colonial Spanish Mustangs brought to the
Americas by Spanish explorers dating back to the 16th century, wild horses have
roamed North Carolina’s Outer Banks for hundreds of years.
Following numerous requests from the students of Shawboro Elementary
School in Currituck County, as well as the Corolla Wild Horse Fund, the General
Assembly designated the Spanish Colonial Mustang as the Official Horse of the State
of North Carolina in 2010 to honor the role they have played in the history and
culture of the Outer Banks.
37
N O R T H C A R O L I N A ’ S S T A T E S YMB O L S   C H A P T E R O N E
The Scuppernong Grape -- The State Fruit
Plump and full of juice, the scuppernong grape is a North Carolina favorite
and is grown in many parts of the state. The 2001 General Assembly designated the
scuppernong grape as the Official Fruit of North Carolina.
38
N O R T H C A R O L I N A MA N U A L 2009-2010
The Blueberry -- The State Blue Berry
39
N O R T H C A R O L I N A ’ S S T A T E S YMB O L S   C H A P T E R O N E
The Strawberry -- The State Red Berry
The blueberry and the strawberry are common visitors to dinner tables all across
North Carolina. The 2001 General Assembly designated the blueberry as the Official
State Blue Berry and the strawberry as the Official State Red Berry.
40
N O R T H C A R O L I N A MA N U A L 2009-2010
The Carolina Lily -- The State Wildfl ower
The Carolina Lily (Lilium michauxii) grows wild all the way from the North
Carolina mountains to coastal swamps. The lily typically blooms here in July and
August. Its blooms are orange-red and curled so far back that they often touch or
overlap. The 2003 General Assembly designated the Carolina Lilly as the Offi cial
State Wildfl ower.
41
N O R T H C A R O L I N A ’ S S T A T E S YMB O L S   C H A P T E R O N E
The Venus Flytrap -- The State Carnivorous Plant
The Venus flytrap (Dionaea muscipula) grows wild in swamps in southeastern
North Carolina, within a 75-mile radius of Wilmington. The plant developed its
ability to trap and digest flies and other small insects to offset the nitrogen-poor soil
in which it typically grows. It uses nitrogen gained from its prey to form proteins
necessary for it to live. The 2005 General Assembly designated the Venus Flytrap as
the Official State Carnivorous Plant.
42
N O R T H C A R O L I N A MA N U A L 2009-2010
Seagrove -- The State Birthplace of Traditional Pottery
North Carolina has a long tradition of pottery-making. The Seagrove area of
Randolph, Chatham, Lee, Moore and Montgomery counties is renowned for the
quality of its pottery. The 2005 General Assembly designated Seagrove as the Official
State Birthplace of Traditional Pottery.
43
N O R T H C A R O L I N A ’ S S T A T E S YMB O L S   C H A P T E R O N E
Some Other Official North Carolina State Symbols
Oak Ridge Military Academy -- State Military Academy (1991)
Hertford County Watermelon Festival -- Northeastern North Carolina Watermelon
Festival (1993)
Fair Bluff Watermelon Festival -- Southeastern North Carolina Watermelon
Festival (1993)
Folkmoot USA -- State International Festival (2003)
Ashboro Municipal Airport -- North Carolina Aviation Hall of Fame and the North
Carolina Aviation Museum (2003)
Wilmington International Airport -- North Carolina Museum of Aviation
(2003)
Clogging -- State Folk Dance (2005)
Shagging -- State Popular Dance (2005)
Fraser fir (Abies fraseri) -- State Christmas Tree (2005)
Southern Appalachian brook trout (Salvelinus fontinalis) -- State Freshwater
Trout (2005)
44
N O R T H C A R O L I N A MA N U A L 2009-2010
State Capitol
The North Carolina State Capitol is one of the finest and best-preserved
examples of Greek Revival architecture incorporated in a civic building. Prior to
1792, North Carolina legislators met in various towns throughout the state, gathering
most frequently in Halifax, Hillsborough and New Bern. Meetings were held in local
plantation houses, courthouses and even churches. When Raleigh was founded as
the permanent seat of North Carolina’s state government in 1792, a two-story brick
State House was built on Union Square and opened in 1796.
The State House was enlarged between 1820 and 1824 by state architect
William Nichols. The project added a third floor, eastern and western wings and a
domed rotunda at the building’s center. The rotunda housed a statue of President
George Washington by sculptor Antonio Canova, acquired by the state in 1821. When
the State House burned down on June 21, 1831, the statue was damaged beyond repair.
The General Assembly of 1832-33 ordered that a new Capitol be built as an
enlarged version of the old State House. The new Capitol would be a cross-shaped
building with a central, domed rotunda. The assembly appropriated $50,000 for
construction and appointed a building committee to manage the project.
45
N O R T H C A R O L I N A ’ S S T A T E S YMB O L S   C H A P T E R O N E
The commission first hired William Nichols, Jr,. to draft plans for the building.
In August of 1833, however, the committee replaced Nichols with distinguished New
York architects Ithiel Town and Alexander Jackson Davis. Town and Davis altered
the earlier design dramatically and developed a plan that gave the Capitol its present
appearance.
David Paton (1802-1882), an architect born in Edinburgh, Scotland, and former
associate of the noted English architect Sir John Soane, was hired in September, 1834,
to supervise construction of the Capitol. Paton replaced Town and Davis as the project
architect in early 1835. The Capitol was completed under Paton’s direction, except
for the exterior stone walls, which were largely in place when he arrived in Raleigh.
Paton made several modifications to the Town and Davis plans for the interior. Among
the changes were the cantilevered gallery at the second floor level of the rotunda,
the groined masonry vaulting of the first floor offices and corridor ceilings, and the
interior arrangement of the east and west porticoes.
The new Capitol’s cornerstone was set in place on July 4, 1833. After the initial
foundation was laid, however, work on the project progressed slowly. The original
appropriation for construction was soon exhausted. The next session of the General
Assembly authorized an additional appropriation of $75,000 to continue work on the
new Capitol. This phase of the project employed a large number of skilled artisans
from Scotland.
Most of the Capitol’s architectural details, including the columns, mouldings,
ornamental plasterwork and ornamental honeysuckle atop the dome, were carefully
patterned after features of Greek temples. Its Doric exterior columns are modeled
after those of the Parthenon. The House of Representatives chamber imitates the semi-circular
plan of a Greek amphitheater and its architectural ornamentation is Corinthian
(Order of the Tower of the Winds). The Senate chamber follows the Ionic Order of
the Erechtheum. The only non-classical parts of the building are two large rooms on
the third floor which were finished in the Gothic style that was just beginning to gain
popularity in American architectural circles.
The ornamental ironwork, plasterwork, chandeliers, hardware and marble mantels
of the Capitol came from Philadelphia. Raleigh cabinetmaker William Thompson
crafted the desks and chairs in the House and Senate chambers. The Capitol was
completed in 1840 at a total cost (including furnishings) of $532,682.34 — an
equivalent of more than three times the state’s yearly general revenues at the time.
The Capitol housed all of state government until the late 1880s. Today the
building’s only official occupants are the governor and the lieutenant governor. The
N.C. Supreme Court moved to its own building in 1888 and in 1963, the General
Assembly moved into the newly-constructed Legislative Building.
46
N O R T H C A R O L I N A MA N U A L 2009-2010
A thorough renovation of the Capitol in 1971 replaced the leaky copper
roof, cleaned and sealed the exterior stone and repainted the rotunda. More recent
preservation efforts have focused on repairing plasterwork damaged by roof leaks,
replacing obsolete wiring and plumbing, installing new, less conspicuous heating
and cooling systems in the upper floors, replacing worn carpets and draperies and
repainting the rest of the interior.
In 1970 the state acquired a duplicate of the original marble statue of
Washington by Canova, which is located in the rotunda of the Capitol. In niches
around the rotunda are busts of three North Carolina governors — John M. Morehead,
William A. Graham, and Samuel Johnston — and United States Senator Matthew
W. Ransom. During late 1988 and early 1989, extensive landscaping and grounds
renovations were undertaken to enhance the beauty of the Capitol and to improve its
visibility. Memorials to North Carolinians who served in World War II and the Vietnam
War were also added in the 1980s and 1990s. In an effort to make the Capitol more
accessible to the people of North Carolina, the building has been opened to the public
on weekends with guided tours available.
The Capitol continues to play a vital role in the next chapters of our nation’s
history as the site of North Carolina’s Electoral College. By statute, North Carolina
electors must meet in the Capitol’s old Hall of the House of Representatives following
each presidential election to vote on behalf of North Carolina for President and Vice
President of the United States.
47
N O R T H C A R O L I N A ’ S S T A T E S YMB O L S   C H A P T E R O N E
Legislative Building
In 1959, the General Assembly appropriated funds for the construction of
a new legislative building. The new facility was needed to accommodate a growing
legislative branch and provide adequate quarters for legislators and staff. The act
created a building commission of seven people: two who had served in the N.C. Senate
and were appointed by the president of the Senate; two who had served in the N.C.
House of Representatives and were appointed by the speaker of the House; and three
appointed by the governor.
The commission chose Edward Durell Stone of New York and John S.
Holloway and Ralph B. Reeves, Jr., of Raleigh as architectural consultants for the
project. After a thorough study, the commission selected a 5.5-acre site one block north
of the Capitol for the new building. This site, which encompasses two city blocks, is
bounded by Jones, Salisbury, Lane and Wilmington streets. A section of Halifax Street
between Jones and Lane was closed to tie the two blocks together. Bids on the new
building were received in December, 1960, and construction began in early 1961.
48
N O R T H C A R O L I N A MA N U A L 2009-2010
The 1961 General Assembly appropriated an additional one million dollars
for furnishings and equipment, bringing the total appropriation for the new Legislative
Building to $5.5 million — $1.24 for each citizen of North Carolina based on 1960
census figures.
The consulting architects provided this detailed description of the new
building:
The State Legislative Building, though not an imitation of historic classical
styles, is classical in character. Rising from a 340-foot wide podium of North
Carolina granite, the building proper is 242 feet square. The walls and the columns
are of Vermont marble, the latter forming a colonnade encompassing the building
and reaching 24 feet from the podium to the roof of the second floor.
Inset in the south podium floor, at the main entrance, is a 28 foot diameter
terrazzo mosaic of the Great Seal of the State. From the first floor main entrance
(on Jones Street) the carpeted 22-foot wide main stair extends directly to the third
floor and the public galleries of the Senate and House, the auditorium, the display
area, and the roof gardens.
The four garden courts are located at the corners of the building. These
courts contain tropical plants and three have pools, fountains and hanging planters.
The main floor areas of the courts are located on the first floor and galleries overlook
the courts from the mezzanine floor. The skylights, which provide natural lighting,
are located within the roof gardens overhead. The courts provide access to committee
rooms in the first floor, the legislative chambers in the second floor and to members’
offices in both floors.
The Senate and House chambers, each 5,180 square feet in area, occupy
the east and west wings of the second floor. Following the traditional relationship
of the two chambers in the Capitol, the two spaces are divided by the rotunda; and
when the main brass doors are open, the two presiding officers face one another.
Each pair of brass doors weighs 1,500 pounds.
The five pyramidal roofs covering the Senate and House chambers, the
auditorium, the main stair, and the rotunda are sheathed with copper, as is the
Capitol. The pyramidal shapes of the roofs are visible in the pointed ceilings inside.
The structural ribs form a coffered ceiling; and inside the coffered patterns are
concentric patterns outlined in gold. In each chamber, the distance from the floor
to the peak of the ceiling is 45 feet.
Chandeliers in the chambers and the main stair are 8 feet in diameter and
weigh 625 pounds each. The 12-foot diameter chandelier of the rotunda, like the
others, is of brass, but its weight is 750 pounds.
Because of the interior climate, the garden courts and rotunda have tropical
plants and trees. Outside, however, the shrubs and trees are of an indigenous type.
49
N O R T H C A R O L I N A ’ S S T A T E S YMB O L S   C H A P T E R O N E
Among the trees on the grounds and on the roof areas are sugar maples,
dogwoods, crabapples, magnolias, crepe myrtles and pines.
Throughout the building, the same color scheme is maintained: walnut, accented
with white, gold and red, as well as green foliage. In general, all wood is American
walnut, metal is brass or similar material, carpets are red and upholstery is gold
or black.
The enclosed area consists of 206,000 square feet of floor area with a volume of
3,210,000 cubic feet. Heating equipment provides over 7,000,000 B.T.U.s per hour;
the cooling equipment has a capacity of 620 tons. For lighting, motors and other
electrical equipment, the building has a connected service load of over 2,000,000
watts.
Renovations to the Legislative Building in the 1980s created more office space
and expanded the meeting room facilities to meet the needs of the General Assembly’s
various committees. The Legislative Office Building opened across Jones Street from
the Legislative Building in 1982. Nearly half of the members of each house moved to
new offices in the building, as well as several of the support divisions of Legislative
Services.
The area around the Legislative Building has changed dramatically since it opened
in the 1960s. The west side of the building now opens onto a majestic plaza several
blocks long and ringed by government office buildings constructed in the 1960s, 1970s
and 1980s. The east side of the building now faces the North Carolina Museum of
History and the North Carolina Museum of Natural History, which opened in April,
1999.
50
N O R T H C A R O L I N A MA N U A L 2009-2010
Executive Mansion
North Carolina has not always provided an official home for its governors and
their families. Prior to 1770, the governor lived wherever he chose at his own expense.
It was not until 1767 that the General Assembly authorized the construction of the
first permanent official residence. Designed by English architect John Hawks and
built between 1767 and 1770, Tryon Palace in New Bern, named for Royal Governor
William Tryon, became one of the most admired public structures in North America.
Tryon Palace, however, served as a formal gubernatorial residence for only a short
time. Abandoned by Tryon when the Revolution erupted, the palace was adopted as
the new state’s capitol. A fire in 1798 leveled the entire structure except for the west
wing. The present structure, a popular historic attraction in its own right, is largely
a reconstruction based on Hawks’ original plans, as well as archaeological research.
Shortly after Raleigh was selected as the permanent seat of state government in
1792, the legislature enacted a law requiring the governor to reside there. Samuel Ashe
of New Hanover County, elected in 1794, was the first governor to come under this law.
The General Assembly took steps to provide a suitable dwelling for the state’s chief
executive. It instructed the state treasurer to purchase or lease a house. In 1797, a plain,
51
N O R T H C A R O L I N A ’ S S T A T E S YMB O L S   C H A P T E R O N E
two-story frame building painted white and an office for the governor were erected on
Lot 131, the southwest corner of Fayetteville and Hargett Streets. The house proved
hopelessly inadequate. In an 1810 letter, Governor Benjamin Smith grumbled that the
structure was “in such order that it is agreed by all who view it, not to be fit for the
family of a decent tradesman, and certainly none could be satisfied; even if safe in it...”
To remedy this situation, the General Assembly of 1813 appointed a committee
to provide better facilities. The committee members selected a site at the foot of
Fayetteville Street facing the old State House. An elaborate brick structure with white-columned
porticoes was completed in 1816 and Governor William Miller became the
first occupant of the Governor’s Palace.
Twenty succeeding governors resided in the “Palace,” as it came to be cynically
termed. Many of the state’s most notable historical events took place there. General
Lafayette was an overnight guest in 1825. Several sessions of the General Assembly
were held in the building following the burning of the State House in 1831.
Zebulon Baird Vance was the last governor to occupy the structure, abandoning
it at the close of the Civil War to avoid capture by the Union Army. General William
T. Sherman and his staff were quartered in the palace during the spring of 1865.
Governor Vance was re-elected to office in 1877. In 1879, a commission appointed
two years earlier by the General Assembly to investigate the possibilities of providing
a new suitable residence for North Carolina’s governors issued a report of its findings.
Proceeds from the sales of unused state lands in the Raleigh area were earmarked for
construction of a house and outbuildings suitable for the governor.
The General Assembly finally approved the decision to build the present Executive
Mansion in 1883, thanks to the efforts and perseverance of Governor Thomas J.
Jarvis (1879-1885). The legislature authorized construction of a house on Burke
Square, provided some furnishings and required the governor to occupy it upon its
completion. The assembly directed the governor to use convict labor and building
materials “manufactured or prepared, either in whole or in part” at the penitentiary
whenever feasible.
52
N O R T H C A R O L I N A MA N U A L 2009-2010
David Paton, who had supervised the completion of the state capitol nearly
half a century earlier, was initially recommended as the project’s architect. Because
of the architect’s advanced age, however, he was passed over for the assignment.
The N.C. Council of State selected Samuel Sloan of Philadelphia and his assistant,
Gustavus Adolphus Bauer, as project architects. Sloan delivered his proposed designs
to the committee personally when he arrived in Raleigh on April 28, 1883. The plans
called for a three-story, Queen Anne-style building. On May 7, the committee accepted
Sloan’s designs with minor modifications.
The mansion was finished in late 1890, but Governor Daniel Fowle (1889-
1891) did not move in until early January, 1891. He was particularly anxious to
occupy the house in view of earlier attempts to abandon it as a residence for the
governor. Fowle brought his own furniture to the mansion, setting a precedent
followed for many years before the house was adequately furnished. Much of the
money originally set aside to furnish the mansion had been siphoned off to cover
mounting construction costs.
As preparations were made for Governor Angus W. McLean’s residence in the
mansion (1925-1929), previous renovations were pronounced inadequate. Sentiment
for removing the house and landscaping Burke Square as a public park was once
again aroused. Secretary of State W. N. Everett halted the movement. He had made
his own examination and reported that major repairs were needed to provide the
governor with a comfortable dwelling. Everett suggested a sum of $50,000 for repairs
and new furnishings. Although this action was taken without McLean’s knowledge,
upon learning of it, he soon became active in seeking the appropriation.
Their case was strengthened by a State Board of Health inspection report
tued in February, 1925, shortly after McLean’s inauguration. The inspection report
was startling, noting that the management of a hotel receiving such a bad rating
would be subject to criminal indictment. The principal deductions in scoring were
for uncleanliness. Dust pervaded the mansion, covering the woodwork, filming the
furniture and stifling the air. Governor Fowle’s contemporaries had described clouds
of dust billowing up from the floor with every footstep. The first floor walls and The
first floor walls and floors were unsound and the ornate plasterwork was disintegrating
in some areas. The upstairs floors, composed of uneven, shoddy boards, had half-inch
cracks.
The architectural firm of Atwood and Nash carried out extensive renovations
to the mansion. Their work vastly improved the mansion, saving it from further
deterioration and correcting many of the defects caused by the use of prison labor
and materials in the original construction. A newspaper account, lauding Governor
McLean’s accomplishments, claimed that renovating a building considered eligible
for demolition had saved the state more than a third of a million dollars.
53
N O R T H C A R O L I N A ’ S S T A T E S YMB O L S   C H A P T E R O N E
Later administrations made further improvements to the mansion. An elevator
was installed, air conditioning units were placed in some rooms and a bomb shelter
was added during Governor Luther H. Hodges’ tenure (1954-1961). Mrs. Terry Sanford
added many antique furnishings during her husband’s term of office (1961-1965).
In May, 1973, the General Assembly ordered another round of repairs. This
renovation was the most extensive in the history of the Executive Mansion. The
General Assemblies of 1973 and 1975 appropriated $845,000 to complete the project.
Governor James E. Holshouser, Jr., and his family moved out of the mansion to a
temporary home in the Foxcroft subdivision of Raleigh for eight months while interior
renovations were carried out by F. Carter Williams, a local architectural firm. Today,
North Carolina’s Executive Mansion draws tens of thousands of visitors each year.
Original state symbols art work by Angela Davis.
NORTH
CAROLINA’S BEGINNINGS
North Carolina’s Beginnings
North Carolina’s history began thousands of years ago as Native American tribes 
settled throughout the state. Pre-Columbian Native American history in North Carolina 
was, of course, unwritten. But the state’s fi rst inhabitants left behind tangible signs 
of their existence, including sites as large and impressively engineered as the Town 
Creek Mound in Montgomery County.
North Carolina was  an  important  boundary  area  between  different Native 
American cultural areas, tribes and language stocks. The Algonquian-speaking tribes 
of northeastern North Carolina’s Albemarle Sound region constituted the southern 
extremity  of Eastern Woodlands  culture.  Further  inland,  Iroquoian  and  Siouan-
speaking tribes such as the Tuscarora and the Catawba were more oriented toward 
the Southeastern cultural tradition. North Carolina’s mountains were the homeland 
of the Cherokee tribe, Iroquoian speakers who would be driven from North Carolina, 
save  for  a  small  remnant,  during  the  winter  of  1838-39  by  federal  troops.  Those 
Cherokee who survived the “Trail of Tears” settled in what later became Oklahoma. 
The descendents of those Cherokee who managed to avoid capture and relocation 
still live today in their mountain homeland and are known as the Eastern Band of 
the Cherokee Nation.
First European Contacts
The fi rst known European exploration of North Carolina occurred during the 
summer of 1524. A Florentine navigator named Giovanni da Verrazano, in the service 
of France, explored the coastal area of North Carolina between the Cape Fear River 
area and Kitty Hawk. A report of his fi ndings was sent to Francis I, and published in 
Richard Hakluyt’s Divers Voyages touching the Discoverie of America. No attempt was 
made to colonize the area. Between 1540 and 1570 several Spanish explorers from 
the Florida Gulf region explored portions of North Carolina, but again no permanent 
settlements were established.
Coastal North Carolina was the scene of the fi rst attempt by English-speaking 
people to colonize North America. Two colonies were begun in the 1580s under a 
charter granted by Queen Elizabeth to Sir Walter Raleigh. The fi rst colony, established 
in 1585 under the leadership of Ralph Lane, ended in failure. A second expedition 
under the leadership of John White began in the spring of 1587 when 110 settlers, 
including seventeen women and nine children, set sail for the new world. The White 
Colony arrived near Hatteras in June, 1587, and went on to Roanoke Island, where they 
N O R T H   C A R O L I N A  MA N U A L   2009-2010
56
found the houses built by Ralph Lane’s expedition still standing. Two signifi cant events 
occurred shortly after the colonists’ arrival — two friendly Indians were baptized and 
a child was born. Virginia Dare was the fi rst child born to English-speaking parents 
in the new world.
The  colonists  faced many problems. With  supplies  running  short,  White  was 
pressured to return to England for provisions. Once in England, White was unable 
to immediately return to Roanoke because of the impending attack by the Spanish 
Armada. When he was fi nally able to return in 1590, he found only the abandoned 
remnants of what was once a thriving settlement. There were no signs of life, only the 
word “CROATAN” carved on a nearby tree. Much speculation has been made about 
the fate of the “Lost Colony,” but no one has successfully explained the disappearance 
of the colony and its settlers.
Permanent Settlement
The  fi rst  permanent  English  settlers  in North Carolina  emigrated  from  the 
Tidewater area of southeastern Virginia. The fi rst of these “overfl ow” settlers moved 
into the area of the Albemarle Sound in northeast North Carolina around 1650.
In 1663, Charles II granted a charter to eight English noblemen who had helped 
him  regain  the  throne  of England. The  charter document  contains  the  following 
description of the territory which the eight Lords Proprietor were granted title to:
“All  that Territory  or  tract  of  ground,  situate,  lying,  and  being within  our 
Dominions in America, extending from the North end of  the  Island  called Luck 
Island, which lies in the Southern Virginia Seas and within six and Thirty degrees 
of the Northern Latitude, and to the West as far as the South Seas; and so Southerly 
as far as the River Saint Mathias, which borders upon the Coast of Florida, and 
within one and Thirty degrees of Northern Latitude, and West in a direct line as far 
as the South Seas aforesaid; Together with all and singular Ports, Harbours, Bays, 
Rivers, Isles, and Islets belonging Into the Country aforesaid; And also, all the Soil, 
Lands, Fields, Woods, Mountains, Farms, Lakes, Rivers, Bays, and Islets situate 
or being within the Bounds or Limits aforesaid; with the Fishing of all sorts of Fish, 
Whales, Sturgeons, and all other Royal Fishes in the Sea, Bays, Islets, and Rivers 
within the premises, and the Fish therein taken;
And moreover,  all Veins, Mines,  and Quarries,  as well  discovered  as  not 
discovered, of Gold, Silver, Gems, and precious Stones, and all other, whatsoever 
be it, of Stones, Metals, or any other thing whatsoever found or to be found within 
the Country, Isles, and Limits ....”
The territory was to be called “Carolina” in honor of Charles I. In 1665, a second 
charter was granted in order to clarify territorial questions not answered in the fi rst 
charter. This charter extended the boundary lines of Carolina to include:
“All  that Province, Territory,  or Tract  of  ground,  situate,  lying,  and  being 
within  our Dominions  of America  aforesaid,  extending North  and Eastward  as 
N O R T H   C A R O L I N A ’ S   B E G I N N I N G S     C H A P T E R   TWO
57
far as the North end of Carahtuke River or Gullet; upon a straight Westerly line 
to Wyonoake Creek, which lies within or about the degrees of thirty six and thirty 
Minutes, Northern latitude, and so West in a direct line as far as the South Seas; 
and South and Westward as far as the degrees of twenty nine, inclusive, northern 
latitude; and so West in a direct line as far as the South Seas.”
Between 1663 and 1729, North Carolina was under the near-absolute control of 
the Lords Proprietor and their descendants. The small group commissioned colonial 
offi cials  and  authorized  the  governor  and  his  council  to  grant  lands  in  the  name 
of the Lords Proprietor. In 1669, philosopher John Locke wrote the Fundamental 
Constitutions  as  a  model  for  the  government  of  Carolina.  Albemarle  County  was 
divided  into  local  governmental  units  called  precincts.  Initially  there were  three 
precincts — Berkley, Carteret, and Shaftesbury — but as the colony expanded to the 
south and west, new precincts were created. By 1729, there were a total of eleven 
precincts —  six  in Albemarle County  and  fi ve  in  Bath County, which  had  been 
created in 1696. Although the Albemarle Region was the fi rst permanent settlement 
in the Carolina area, another populated region soon developed around present-day 
Charleston, South Carolina. Because of the natural harbor and easier access to trade 
with the West Indies, more attention was given to developing the Charleston area 
than her northern counterparts. For a twenty-year period, 1692-1712, the colonies 
of North and  South Carolina  existed  as  one  unit  of  government. Although North 
Carolina still had her own assembly and council, the governor of Carolina resided in 
Charleston and a deputy governor was appointed for North Carolina.
Royal Colony
In 1729, seven of the Lords Proprietor sold their interest in North Carolina to 
the crown and North Carolina became a royal colony. The eighth proprietor, Lord 
Granville, retained economic interest and continued granting land in the northern 
half of North Carolina. The crown supervised all political and administrative functions 
in the colony until 1775.
Colonial  government  in North Carolina  changed  little between  the proprietary 
and royal periods, the only major difference being who appointed colonial offi cials. 
There were two primary units of government — the governor and his council and a 
colonial  assembly whose  representatives were  elected by  the qualifi ed voters of  the 
county. Colonial courts, unlike today’s courts, rarely involved themselves in formulating 
governmental policy. All colonial offi cials were appointed by either the Lords Proprietor 
prior to 1729 or by the crown afterwards. Members of the colonial assembly were elected 
from the various precincts (counties) and from certain towns which had been granted 
representation. The term “precinct” as a geographical unit ceased to exist after 1735. 
These areas became known as “counties” and about the same time “Albemarle County” 
and “Bath County” ceased to exist as governmental units.
The governor was an appointed offi cial, as were the colonial secretary, attorney 
N O R T H   C A R O L I N A  MA N U A L   2009-2010
58
general, surveyor general and the receiver general. All offi cials served at the pleasure 
of the Lords Proprietor or the crown. The council served as an advisory group to 
the governor during the proprietary and royal periods, in addition to serving as the 
upper house of the legislature when the assembly was in session. When vacancies 
occurred in colonial offi ces or on the council, the governor was authorized to carry 
out all mandates of the proprietors and could make a temporary appointment until 
the vacancy was fi lled by proprietary or royal commission. One member of the council 
was chosen as president of the group and many council members were also colonial 
offi cials. If a governor or deputy governor was unable to carry on as chief executive 
because of illness, death, resignation or absence from the colony, the president of the 
council became the chief executive and exercised all powers of the governor until the 
governor returned or a new governor was commissioned.
The  colonial  assembly was made  up  of men  elected  from  each  precinct  and 
town where representation had been granted. Not all counties were entitled to the 
same number of representatives. Many of the older counties had fi ve representatives 
each, while those formed after 1696 were each allowed only two. Each town granted 
representation was allowed one representative. The presiding offi cer of the colonial 
assembly was called the speaker and was elected from the entire membership of the 
house. When a vacancy occurred, a new election was ordered by the speaker to fi ll it. 
On the fi nal day of each session, bills passed by the legislature were signed by both 
the speaker and the president of the council.
The colonial assembly could meet only when it was called into session by the 
governor. Since the assembly was the only body authorized to grant the governor his 
salary and spend tax monies raised in the colony, it met on a regular basis until just 
before the Revolutionary War. There was, however, a constant struggle for authority 
between the governor and his council on the one hand and the general assembly on the 
other. Two of the most explosive issues involved fi scal control of the colony’s revenues 
and the election of treasurers. Both were privileges of the assembly. The question of 
who had the authority to create new counties also simmered throughout the colonial 
period. On more than one occasion, elected representatives from counties created 
by the governor and council without consulting the lower house were refused seats 
until the matter was resolved. These confl icts between the executive and legislative 
bodies were to have a profound effect on the organization of state government after 
independence.
The Struggle for Independence
On April 12, 1776, North Carolina authorized its delegates to the Continental 
Congress to vote for independence. This was the fi rst offi cial call for independence 
from any of the colonies. The 83 delegates present in Halifax at the Fourth Provincial 
Congress unanimously  adopted  the Halifax Resolves, which  indicted  the  colony’s 
royalist government in blunt fashion:
N O R T H   C A R O L I N A ’ S   B E G I N N I N G S     C H A P T E R   TWO
59
The Select Committee, taking into Consideration the usurpations and violence 
attempted and committed by the King and Parliament of Britain against America, 
and the further measures to be taken for frustrating the same, and for the better 
defense of this province reported as follows, to wit,
It  appears  to  your Committee  that  pursuant  to  the Plan  concerted  by  the 
British Ministry for subjugating America, the King and Parliament of Great Britain 
have usurped a Power over the Persons and Property of the People unlimited and 
uncontrolled and disregarding their humble Petitions for Peace, Liberty and Safety, 
have made divers Legislative Acts, denouncing War, Famine and every Species of 
Calamity daily employed in destroying the People and committing the most horrid 
devastation on the Country. That Governors in  different Colonies have declared 
Protection to slaves who should imbrue their Hands in the Blood of their Masters. 
That the Ships belonging to America are declared prizes of War and many of them 
have been violently seized and confi scated in consequence of which multitudes of 
the people have been destroyed or from easy Circumstances reduced to the most 
Lamentable distress.
And whereas the moderation hitherto manifested by the United States and their 
sincere desire to be reconciled to the mother Country on Constitutional Principles, 
have procured no mitigation of the aforesaid wrongs and usurpations and no hopes 
remain of obtaining redress by those Means alone which have been hitherto tried, 
Your Committee are of the Opinion that the house should enter into the following 
Resolve, to wit,
Resolved  that  the  delegates  for  this Colony  in  the Continental Congress  be 
empowered  to concur with  the  other  delegates  of  the  other  colonies  in  declaring 
Independence, and forming foreign Alliances, resolving to this Colony the Sole, and 
Exclusive right of forming a Constitution and Laws for this Colony, and of appointing 
delegates from time to time under the direction of a General Representation thereof 
to meet the delegates of the other Colonies for such purposed as shall be hereafter 
pointed out...
The Halifax Resolves were important because they were the fi rst offi cial action 
calling for independence from Britain and they were directed at all of the colonies that 
had taken up arms against the crown. Virginia followed with her own recommendations 
soon  after  the  adoption  of  the Halifax Resolves  and  on  July  4,  delegates  at  the 
Continental Congress meeting in Philadelphia signed the fi nal draft of the Declaration 
of Independence, North Carolinians William Hooper, Joseph Hewes and John Penn 
among them. In  early December, 1776, delegates to  the  Fifth Provincial Congress 
adopted the fi rst constitution for North Carolina. On December 21, 1776, Richard 
Caswell became the fi rst governor of North Carolina under the new constitution.
N O R T H   C A R O L I N A  MA N U A L   2009-2010
60
Early Statehood
On November  21,  1789,  the  state  adopted  the United  States Constitution, 
becoming the twelfth state to enter the federal union. In 1788, North Carolina had 
rejected  the Constitution  because  it  lacked  the necessary  amendments  to  ensure 
freedom  of  the people. The Bill  of Rights  satisfi ed  the  concerns  of  antifederalists 
enough to ensure the state’s adoption of the Constitution a year later.
State Constitution of 1835
The convention opened on June 4, 1835, in Raleigh. The new constitution provided 
for popular election of the governor, as well as fi xing the governor’s term in offi ce to 
two years per term and no more than two consecutive terms. It established a more 
equitable method of representation in the General Assembly. The new constitution 
fi xed the terms of several offi ces in the Council of State, equalized the poll tax, banned 
the legislature from considering private bills, established new legislative procedures 
for divorce and other matters of civil law and created a new structure for impeaching 
public  offi cials. The new  state  constitution  also  created  a mechanism  that would 
allow successive General Assembly sessions to propose constitutional amendments for 
popular ratifi cation. The Constitution of 1835 passed when submitted to a popular 
referendum.
The Drift Toward War
North Carolina was not a leader in talk of Southern secession as the mid-1800s 
came to a close. A popular referendum held in February, 1861, on whether to call a 
convention on secession was defeated by a very slim margin. Many of North Carolina’s 
political leaders looked for ways to mediate between the Union and the emerging 
Confederacy, to settle the secession question peacefully. But news that Confederate 
troops had seized Ft. Sumter in Charleston Harbor and President Lincoln’s call for 
militia troops from North Carolina to assist in putting down the incipient rebellion 
ended most North Carolinians’ reluctance to choose sides in the confl ict. The state 
seceded from the Union in May, 1861.
Once a member of the Confederacy, however, North Carolina provided more than 
its fair share of manpower and other resources to the war effort. One out of every 
four Confederate battle casualties was a North Carolinian. Union forces seized much 
of the Outer Banks and northeastern North Carolina in 1862, leading to constant, 
small-scale warfare in that region until the end of the confl ict.
One of the last major battles of the war occurred in March, 1865, at Bentonville, 
where Confederate troops under the command of Joseph E. Johnston tried to smash 
the left wing of Union Gen. William Tecumseh Sherman’s army. Instead, Johnston’s 
troops hammered at the Union lines for nearly three days in some of the worst combat 
of the war. Unable to break the Union Army, Johnston retreated through Raleigh and 
surrendered his remaining troops near Durham on April 18.
N O R T H   C A R O L I N A ’ S   B E G I N N I N G S     C H A P T E R   TWO
61
Engulfed by a war not of its making or choosing, North Carolina suffered terribly. 
At the end of the war, property damage throughout the state was immense. The loss of 
lives on battlefi elds in Virginia, Maryland and Pennsylvania left many families grieving.
Constitution of 1868
The Constitution of 1868 provided for universal male suffrage. State and county 
offi cials would henceforth be elected by popular vote and the terms for governor and 
lieutenant governor were extended to four years. Most of the state’s judges would 
likewise be elected by popular vote to eight-year terms. The new state constitution 
created extensive public services for North Carolinians with disabilities, provided for 
public orphanages and improved public access to higher education. North Carolinians 
could no longer be imprisoned for debt under the new state constitution and women, 
while still not given full citizenship rights, gained considerable new property rights. 
The constitution also ended the archaic network of county justices, replacing them 
instead with  county  commissions  and  establishing  townships  in  each  county  for 
administrative purposes.
The Progressive Era
The dawn of  the 20th Century brought changes to North Carolina’s economy 
and  society.  The  state benefi ted  from strong,  progressive  political  leadership  from 
governors such as Charles Brantley Aycock (inaugurated in 1901). Aycock persuaded 
the General Assembly to undertake the most sweeping expansion of the state’s public 
education system in nearly a century. Many North Carolina counties gained access 
to local public education for the fi rst time ever between 1900 and 1920. Governor 
Aycock also convinced the General Assembly to make school funding and maintenance, 
including hiring and paying teachers, a state function.
North Carolina’s state government made other progressive changes during the fi rst 
two decades of the new century. The state’s park system was founded in 1915 with the 
opening of Mount Mitchell State Park. Led by Governor Cameron Morrison (1921-25) 
the state fi nally addressed its abysmal transportation network through the creation of 
a state highway commission and funding of new road construction through a series of 
statewide bond referenda. Morrison also coaxed the General Assembly into spending 
more money on public health throughout the state and funding vast improvements 
in the state’s public schools and public universities and colleges.
Morrison’s  successor,  Angus McLean  (1925-29),  continued  the  pattern  of 
expanding the administrative scope and expertise of state government and funding 
badly-needed improvements in public infrastructure. McLean promoted the expansion 
and diversifi cation of the state economy, both in the industrial and agricultural sectors. 
Under McLean’s guidance, the state also began systematic efforts to attract new capital 
investment to North Carolina.
N O R T H   C A R O L I N A  MA N U A L   2009-2010
62
War and Sacrifi ce
The Japanese Navy’s attack on Pearl Harbor on Dec. 7, 1941, launched a new 
period of sacrifi ce for many North Carolina families. Coastal residents, particularly 
on the Outer Banks, had an uncomfortably close view of the horrors of modern war 
throughout 1942 and 1943 as German submarines  torpedoed  and  sank  scores  of 
ships within sight of land. Many North Carolina civilians risked their lives to rescue 
sailors from these sinkings and hospitals along the coast treated many injured and 
burned survivors. More poignantly, the state’s coastal residents collected the bodies 
of dead sailors that washed ashore and buried them next to generations of their own 
kin in local cemeteries.
North Carolina played a signifi cant role in the American war effort. Fort Bragg, 
which dated back to World War I, swelled in size, while Cherry Point Marine Air 
Station and Seymour Johnson Air Force Base were founded to train pilots for both 
the European and Pacifi c  theaters. By the end of  the war,  military  bases  scattered 
throughout North Carolina had trained more men for combat than any other state 
in the Union.
Over 360,000 North Carolinians served in the U.S. Armed Forces during World 
War II. More than 4,000 of them died in combat. Hundreds of thousands of other 
North Carolinians who remained in the state during the war worked long hours and 
often went hungry to support the war effort.
The Humble Giant
The living standards of most state residents improved steadily following 1960 
as North Carolina’s investment in public higher education, unrivaled by nearly any 
state  south  of  the Mason-Dixon Line,  produced large numbers of  skilled  workers 
and professionals. By 1990, for the fi rst time in its history, almost half of the state’s 
residents  lived  in  urban  areas. Economic  diversifi cation,  a  better-educated work 
force and shrewd public sector investments such as the Research Triangle Park in 
the Raleigh-Durham-Chapel Hill area led to mushrooming population growth in the 
state’s  cities. North Carolina, by 1980, had become one of the ten most populous 
states in the United States.
The Mecklenburg Declaration of 1775 *
Offi cers
Abraham Alexander, Chair
John McKnitt Alexander
Delegates
Col. Thomas Polk  Ezra Alexander  Waightstill Avery
Ephraim Brevard  William Graham  Benjamin Patton
N O R T H   C A R O L I N A ’ S   B E G I N N I N G S     C H A P T E R   TWO
63
Hezekiah J. Balch  John Quary  Mathew McClure
John Phifer  Abraham Alexander  Neil Morrison
James Harris  John McKnitt Alexander  Robert Irwin
William Kennon  Hezekiah Alexander  John Flenniken
John Ford  Adam Alexander  David Reese
Richard Barry  Charles Alexander  Richard Harris, Sen.
Henry Downs  Zacheus Wilson, Sen.
The following resolutions were presented:
1. Resolved. That whosoever directly or indirectly abetted or in any way form or manner 
countenanced the uncharted and dangerous invasion of our rights as claimed by 
Great  Britain  is  an enemy to  this country,  to  America,  and  to  the  inherent  and 
inalienable rights of man.
2. Resolved. That we  the  citizens  of Mecklenburg County, do hereby dissolve  the 
political bonds which have connected us to the mother country and hereby absolve 
ourselves from all allegiance to the British Crown and abjure all political connections 
contract or association with that nation who have wantonly trampled on our rights 
and liberties and inhumanely shed the blood of American patriots at Lexington.
3. Resolved. That we do hereby declare  ourselves  a  free  and  independent people, 
are, and of right ought to be a sovereign and self-governing association under the 
control of no power other than that of our God and the General Government of 
the Congress to the maintenance of which independence we solemnly pledge to 
each other our mutual cooperation, our lives, our fortunes, and our most sacred 
honor.
4. Resolved. That as we now acknowledge the existence and control of no law or legal 
offi cer, civil or military within this County, we do hereby ordain and adopt as a rule 
of life all, each and every of our former laws - wherein nevertheless the Crown of 
Great Britain never can be considered as holding rights, privileges, immunities, or 
authority therein.
5. Resolved. That  it  is  further decreed  that  all,  each  and  every Military Offi cer  in 
this County is hereby reinstated in his former command and authority, he acting 
comformably to these regulations. And that every member present of this delegation 
shall henceforth be a civil offi cer, viz., a justice of the peace, in the character of a 
“committee man” to issue process, hear and determine all matters of controversy 
according to said adopted laws and to preserve peace, union and harmony in said 
county, and to use every exertion to spread the love of Country and fi re of freedom 
throughout America, until a more general and organized government be established 
in this Province.
*  The Mecklenburg Declaration was  reportedly  adopted  on May  20,  1775. This 
N O R T H   C A R O L I N A  MA N U A L   2009-2010
64
document is found in Vol. IX, pages 1263-65 of the Colonial Records of North Carolina; 
however, the authenticity of the declaration has long been – and continues to be — 
a source of controversy among historians. The text was recalled from memory by 
the clerk some twenty years after the Mecklenburg meeting was supposedly held. 
The original notes had reportedly been lost in a fi re.
The Halifax Resolves of 1776*
The Select Committee taking into Consideration the usurpations and violences 
attempted and committed by the King and Parliament of Britain against America, and 
the further Measures to be taken for frustrating the same, and for the better defense 
of this province reported as follows, to wit,
It appears to your Committee that pursuant to the Plan concerted by the British 
Ministry for subjugating America, the King and Parliament of Great Britain have 
usurped  a Power  over  the Persons  and Properties  of  the People  unlimited  and 
uncontrouled; and disregarding their humble Petitions for Peace, Liberty and safety, 
have made divers Legislative Acts, denouncing War Famine and every Species of 
Calamity against the Continent in General. That British Fleets and Armies have 
been  and  still  are  daily  employed  in  destroying  the People  and  committing  the 
most  horrid  devastations  on  the Country. That Governors  in  different Colonies 
have declared Protection to Slaves who should imbrue their Hands in the Blood of 
their Masters. That the Ships belonging to America are declared prizes of War and 
many of them have been violently seized and confi scated in consequence of which 
multitudes of the people have been destroyed or from easy Circumstances reduced 
to the Lamentable distress.
And whereas  the moderation  hitherto manifested  by  the United Colonies 
and their sincere desire to be reconciled to the mother Country on Constitutional 
Principles, have procured no mitigation to the aforesaid Wrongs and usurpations, 
and no hopes remain of obtaining redress by those Means alone which have been 
hitherto tried, Your Committee are of Opinion that the house should enter into the 
following Resolve to wit,
Resolve  that  the  delegates  for  this Colony  in  the Continental Congress 
be  impowered  to  concur with  the  delegates  of  the  other Colonies  in  declaring 
Independency, and forming foreign Alliances, reserving to this Colony the Sole, and 
Exclusive right of forming a Constitution and Laws for this Colony, and of appointing 
delegates from time to time (under the direction of a general Representation thereof) 
to meet the delegates of the other Colonies for such purposes as shall be hereafter 
pointed out.
*  The resolves were adopted on April 12, 1776.
N O R T H   C A R O L I N A ’ S   B E G I N N I N G S     C H A P T E R   TWO
65
The Mecklenburg Resolves
This day the Committee of this county met and passed the following resolves:
Whereas by an address presented to his majesty by both House of Parliament 
in February  last,  the American  colonies  are  declared  to  be  in  a  state  of  actual 
rebellion, we conceive that all laws and commissions confi rmed by or derived from 
the authority of the King and Parliament are annulled and vacated and the former 
civil constitution of these colonies for the present wholly suspended. To provide in 
some degree for the exigencies of this county, in the present alarming period, we 
deem it proper and necessary to pass the following resolves, viz.:
1.  That all commissions civil and military heretofore granted by the Crown to be exercised 
in these colonies are null and void and the constitution of each particular colony wholly 
suspended.
2.  That the Provincial Congress of each Province under the direction of the great Continental 
Congress  is  invested  with  all  legislative and executive powers within  their  respective 
Provinces and that no other legislative or executive power does or can exist at this time 
in any of these colonies.
3.  As all former laws are now suspended in this Province and the Congress has not yet 
provided others we judge it necessary for the better preservation of good order, to form 
certain rules and regulations for the internal government of this county until laws shall 
be provided for us by the Congress.
4.  That the inhabitants of this county do meet on a certain day appointed by the committee 
and having formed themselves into nine companies…eight in the county and one in the 
town of Charlotte do choose a Colonel and other military offi cers who shall hold and 
exercise their several powers by virtue of this choice and independent of the Crown of 
Great Britain and former constitution of this Province.
5.  That  for  the  better  preservation  of  the  peace  and  administration  of  justice  each  of 
those companies do choose from their own body two discreet freeholders who shall be 
empowered…to decide and determine all  matters  of  controversy  arising  within  said 
company under the sum of twenty shillings and jointly and together all controversies 
under the sum of forty shillings that so as their decisions may admit of appeal to the 
convention of the selectmen of the county and also that any one of these shall have power 
to examine and commit to confi nement persons accused of petit larceny.
6.  That those two select men thus chosen do jointly and together choose from the body of 
their particular body two persons properly qualifi ed to act as constables who may assist 
them in the execution of their offi ce.
7.  That upon the complaint  of any persons  to  either  of  these  selectmen  he  do  issue  his 
warrant directed to the constable commanding him to bring the aggressor before him or 
them to answer said complaint.
N O R T H   C A R O L I N A  MA N U A L   2009-2010
66
8.  That these eighteen selectmen thus appointed do meet every third Tuesday in January, 
April, July and October, at the Court House in Charlotte, to hear and determine all 
matters of controversy for sums exceeding forty shillings, also appeals, and in cases of 
felony to commit the person or persons convicted thereof to close confi nement until the 
Provincial Congress shall provide and establish laws and modes of proceeding in all such 
cases.
9.  That these eighteen selectmen thus convened do choose a clerk to record the transactions 
of said convention and that said clerk upon the application of any person or persons 
aggrieved  do  issue  his warrant  to  one  of  the  constables…directing  said  constable  to 
summon and warn said offender to appear before the convention at their next sitting to 
answer the aforesaid complaint…
10.  That any Person making Complaint upon Oath to the Clerk, or any Member of the 
Convention, that he has Reason to suspect that any Person or Persons indebted to him 
in a Sum above Forty Shillings, do intend clandestinely to withdraw from the County 
without paying such a Debt; the Clerk, or such Member, shall issue his Warrant to the 
Constable, commanding him to take said Person or Persons into safe Custody, until the 
next sitting of the Convention. 
11.  That when a Debtor for a Sum below Forty Shillings shall abscond and leave the County, 
the Warrant  granted  as  aforesaid  shall  extend  to any Goods or  Chattels  of  the  said 
Debtor as may be found, and such Goods or Chattels be seized and held in Custody by 
the Constable for the space of Thirty Dais; in which Term if the Debtor fails to return 
and Discharge the Debt, the Constable shall return the Warrant to one of the Select Men 
of the Company where the Goods and Chattels were found, who shall issue Orders to 
the Constable to sell such a part of the said Goods as shall amount to the Sum due; that 
when the Debt exceeds Forty Shillings, the Return shall be made to the Convention, who 
shall issue the Orders for Sale.
12.  That all receivers and collectors of quit rents, public and county taxes, do pay the same 
into the hands of the chairman of this committee to be by them disbursed as the public 
exigencies may require, and that such receivers and collectors proceed no further in their 
offi ce until they be approved of by and have given to this committee good and suffi cient 
security for a faithful return of such monies when collected.
13.  That the committee be accountable to the county for the application of all monies received 
from such public offi cers.
14.  That  all  the  offi cers  hold  their  commissions  during  the  pleasure  of  their  several 
constituents.
15.  That this committee will sustain all damages that ever hereafter may accrue to all or 
any of these offi cers thus appointed and thus acting on account of their obedience and 
conformity to these resolves.
16.  That whatever person hereafter shall receive a commission from the Crown or attempt 
to exercise any such commission heretofore received shall be deemed an enemy to his 
N O R T H   C A R O L I N A ’ S   B E G I N N I N G S     C H A P T E R   TWO
67
country and upon information being made to the captain of the company in which he 
resides, the said company shall cause him to be apprehended and conveyed before the 
two selectmen of the said company, who upon proof of the fact, shall commit him the 
said offender to safe custody until the next sitting of the committee, who shall deal with 
him as prudence may direct.
17.  That any person refusing to yield obedience to the above resolves shall be considered equally 
criminal and liable to the same punishment as the offenders above last mentioned.
18.  That  these  resolves  be  in  full  force  and  virtue  until  instructions  from the  Provincial 
Congress…shall provide  otherwise  or  the  legislative  body  of Great  Britain  resign  its 
unjust and arbitrary pretensions with respect to America.
19.  That the eight Militia companies in this county do provide themselves with proper arms 
and  accoutrements  and  hold  themselves  in  readiness  to  execute  the  commands  and 
directions of the General Congress of this Province and of this Committee.
20.  That the committee appoint Colonel Thomas Polk and Dr. Joseph Kennedy to purchase 
three hundred pounds of powder, six hundred pounds of lead and one thousand fl ints for 
the use of the militia of this county and deposit the same in such place as the committee 
hereafter may direct.
  Signed by order of the Committee,
  Eph. Brevard, Clerk of the Committee
On May 31, 1775, a committee of Mecklenburg County citizens drew up a set 
of resolves, declaring that all commissions theretofore issued by the Crown were to 
be considered null and void. They proceeded to re-organize their local government, 
saying they should “hold and exercise their several powers by virtue of this choice and 
independent of the Crown of Great Britain and former constitution of this province.” 
These resolves were printed in the North Carolina Gazette, New Bern, June 16, 1775.
From North Carolina History Told  by Contemporaries  edited  by Hugh Talmage 
Lefl er. Copyright © 1934 by the University of North Carolina Press, renewed 1956 
and 1965. Used by permission of the publisher.
OUR OU RC OCONNSSTTITITUUTTIIOONNSS::
A HISTORICAL P EPRESRPSEPCETCIVTEI VE
Our Constitutions: A Historical Perspective
by John L. Sanders
Former Director of the Institute of Government
The University of North Carolina at Chapel Hill
Constitution of 1776
Drafted and promulgated by the Fifth Provincial Congress in December, 1776,
without submission to the people, the Constitution of 1776 and its separate, but
accompanying, Declaration of Rights sketched the main outlines of the new state
government and secured the rights of the citizen from government interference. While
the principle of separation of powers was explicitly affirmed and the familiar three
branches of government were provided for, the true center of power lay in the General
Assembly. That body not only exercised full legislative power; it also chose all the
state executive and judicial officers, the former for short terms and the judges for life.
Profound distrust of the executive power is evident throughout the document.
The governor was chosen by the legislature for a one-year term and was eligible
for only three terms in six years. The little power granted him was hedged in many
instances by requiring the concurrence of a seven-member Council of State, chosen
by the legislature, for its exercise.
Judicial offices were established, but the court system itself was left to legislative
design. No system of local government was prescribed by the constitution, although
the offices of justice of the peace, sheriff, coroner and constable were created.
The system of legislative representation was based on units of local government.
The voters of each county elected one senator and two members of the House of
Commons, while six (later seven) towns each elected one member of the lower house.
It was distinctly a property owner’s government, for only landowners could vote for
senators until 1857 and progressive property qualifications were required of members
of the house, senators and the governor until 1868. Legislators were the only state
officers elected by the people until 1836.
The Convention of 1835
Dissatisfaction with the legislative representation system, which gave no direct
recognition to population, resulted in the Convention of 1835. Extensive constitutional
amendments adopted by that convention were ratified by a vote of the people — 26,771
to 21,606 — on November 9, 1835. The 1835 amendments fixed the membership of
the Senate and House of Commons at their present levels, 50 and 120. The new house
apportionment formula gave one seat to each county and distributed the remainder of
N O R T H C A R O L I N A MA N U A L 2009-2010
70
the seats — nearly half of them at that time — according to a mathematical formula
favoring the more populous counties. From 1836 until 1868, senators were elected
from districts laid out according to the amount of taxes paid to the state from the
respective counties, thus distributing senatorial representation in direct proportion
to property values.
The Amendments of 1835 also instituted popular election of the governor for a
two-year term, greatly strengthening that office; relaxed the religious qualifications
for office holding; abolished suffrage for free black residents; equalized the capitation
tax on slaves and free white males; prohibited the General Assembly from granting
divorces, legitimating persons or changing personal names by private act; specified
procedures for the impeachment of state officers and the removal of judges for
disability; made legislative sessions biennial instead of annual; and provided methods
of amending the constitution. Following the precedent established in amending the
United States Constitution, the 1835 amendments were appended to the Constitution
of 1776, not incorporated in it as is the modern practice.
In 1857, voters approved the only amendment submitted to them between 1836
and 1868. The amendment — approved by a 50,095 to 19,382 vote — abolished the
50-acre land ownership requirement for voters to cast ballots in state senate races. The
constitutional change opened that ballot to all white male taxpayers, greatly increasing
the number of North Carolinians eligible to vote for senators.
The Convention of 1861-62
The Convention of 1861-62, called by act of the General Assembly, took the
State out of the Union and into the Confederacy and adopted a dozen constitutional
amendments. These changes were promulgated by the convention without submitting
them for voter approval, a procedure permitted by the state constitution until 1971.
The Convention of 1865-66
The Convention of 1865-66, called by the provisional governor on orders of the
President of the United States, nullified secession and abolished slavery, with voter
approval, in 1865. It also drafted a revised state constitution in 1866. That document
was largely a restatement of the Constitution of 1776 and the 1835 amendments, plus
several new features. It was rejected by a vote of 21,770 to 19,880 on August 2, 1866.
The Convention of 1868
The Convention of 1868, called upon the initiative of Congress, but with a popular
vote of approval, wrote a new state constitution which the people ratified in April,
1868, by a vote of 93,086 to 74,016. Drafted and put through the convention by
a combination of native Republicans and a few carpetbaggers, the constitution was
highly unpopular with the more conservative elements of the state. For its time, it
was a progressive and democratic instrument of government. In this respect it differed
markedly from the proposed Constitution of 1866.
N O R T H C A R O L I N A ’ S C O N S T I T U T I O N    C H A P T E R T H R E E
71
The Constitution of 1868 was an amalgam of provisions copied or adapted from
the Declaration of Rights of 1776, the Constitution of 1776 and its amendments, the
proposed Constitution of 1866 and the constitutions of other states, together with some
new and original provisions. Although often amended, a majority of the provisions in
the 1868 constitution remained intact until 1971. The Constitution of 1971 brought
forward much of the 1868 language with little or no change.
The Constitution of 1868 incorporated the 1776 Declaration of Rights into the
Constitution as Article I and added several important guarantees. The people were
given the power to elect all significant state executive officers, all judges and all county
officials, as well as state legislators. All property qualifications for voting and office
holding were abolished. The plan of representation in the Senate was changed from a
property to a popular basis, while the 1835 house apportionment plan was retained.
Annual legislative sessions were restored.
The executive branch of government was strengthened by popular election of
most department heads for four-year terms of office and the governor’s powers were
increased significantly. A simple and uniform court system was established with the
jurisdiction of each court specified in the constitution. The distinctions between
actions at law and suits in equity were abolished.
For the first time, detailed constitutional provision was made for a system of
taxation and the powers of the General Assembly to levy taxes and to borrow money
were limited. Homestead and personal property exemptions were granted. Free public
schools were called for and the maintenance of penal and charitable institutions by
the state was commanded. A uniform scheme of county and township government
was prescribed.
The declared objective of the Conservative Party (under whose banner the
older, native political leaders grouped themselves) was to repeal the Constitution of
1868 at the earliest opportunity. When the Conservative Party gained control of the
General Assembly in 1870, a proposal to call a convention of the people to revise the
constitution was submitted by the General Assembly to the voters and rejected in
1871 by a vote of 95,252 to 86,007.
The General Assembly thereupon resorted to legislative initiative to amend
the constitution. That procedure called for legislative approval of each proposed
amendment at two successive sessions, followed by a vote of the people on the
amendment. The 1871-72 legislative session adopted an act calling for about three
dozen amendments to the constitution, all of which were intended to restore to the
General Assembly the bulk of the power over local government, the courts, and the
public schools and the University of North Carolina that had been taken from it by
the Constitution of 1868.
The 1872-73 session of the General Assembly approved eight of those amendments
for the second time and submitted them to a popular referendum. Voters approved
all eight in 1873 by wide margins. These amendments restored biennial sessions of
N O R T H C A R O L I N A MA N U A L 2009-2010
72
the General Assembly, transferred control of the University of North Carolina from the
State Board of Education to the General Assembly, abolished various new state offices,
altered the prohibition against double office-holding and repealed the prohibition
against repudiation of the state debt.
The Convention of 1875
In 1875, the General Assembly called a convention of the people to consider
constitutional revision. This action was not confirmed by popular referendum and
none was constitutionally required at the time. The Convention of 1875 (the most
recent in the state’s history) sat for five weeks in the fall of that year. It was a limited
convention that had been specifically forbidden to attempt certain actions, such as
reinstatement of property qualifications for office-holding or voting.
The Convention of 1875 adopted — and the voters on November 7, 1876,
approved by a vote of 120,159 to 106,554 — a set of 30 amendments affecting 36
sections of the state constitution. These amendments (which took effect on January
1, 1877):
Prohibited secret political societies.
Moved the legislative convening date from November of even-numbered
years to January of odd-numbered years.
Fixed in the constitution for the first time the rate of legislative
compensation.
Called for legislation establishing a state Department of Agriculture.
Abandoned the simplicity and uniformity of the 1868 court system by
giving the General Assembly the power to determine the jurisdiction of
all courts below the Supreme Court and establish such courts inferior
to the Supreme Court as it might see fit.
Reduced the Supreme Court from five to three members.
Required Superior Court judges to rotate among all judicial districts of
the state.
Disqualified for voting persons guilty of certain crimes.
Established a one-year residency requirement for voting.
Required non-discriminatory racial segregation in the public schools.
Gave the General Assembly full power to revise or abolish the form and
powers of county and township governments.
Simplified the procedure for constitutional amendment by providing
that the General Assembly might, by act adopted by three-fifths of each
house at one legislative session, submit an amendment to the voters of
the state (thus eliminating the former requirement of enactment by two
successive sessions of the General Assembly).
N O R T H C A R O L I N A ’ S C O N S T I T U T I O N    C H A P T E R T H R E E
73
The principal effect of the amendments of 1873 and 1875 was to restore in
considerable measure the pre-1868 power of the General Assembly, particularly
over the state’s courts and local governments. Documents from the late 19th and
early 20th centuries occasionally refer to “the Constitution of 1876.” There was no
such constitution. The 1875 amendments were simply inserted at the appropriate
places in the 1868 constitution, which continued in this amended form until 1971.
The designation “Constitution of 1876” may have been intended to relieve the 1868
constitution of the unpopularity heaped on it earlier by Conservative critics.
The amendments framed by the Convention of 1875 seem to have satisfied most
of the need for constitutional change for a generation. Only four amendments were
submitted by the General Assembly to the voters throughout the remainder of the
nineteenth century. Three of them were ratified; one failed.
In 1900, the suffrage article was revised to add a literacy test and poll tax
requirement for voting (the latter provision was repealed in 1920). A slate of ten
amendments prepared by a constitutional commission and proposed by the General
Assembly in 1913 was rejected by voters in 1914. With the passage of time and
amendments, the attitude towards the Constitution of 1868 had changed from
resentment to a reverence so great that, until the second third of the 20th Century,
amendments were very difficult to obtain. Between 1900 and 1933, voters ratified
15 constitutional amendments and rejected 20 others. During the first third of this
century, nevertheless, amendments were adopted that lengthened the school term from
four to six months, prohibited legislative charters to private corporations, authorized
special Superior Court judges, further limited the General Assembly’s powers to levy
taxes and incur debt, abolished the poll tax requirement for voting and reduced the
residence qualification for voters. Amendments designed to restrict the legislature’s
power to enact local, private and special legislation were adopted, but subsequently
rendered partly ineffective by judicial interpretation.
The Proposed Constitution of 1933
A significant effort at general revision of the state constitution was made in 1931-
33. A constitutional commission created by the General Assembly of 1931 drafted
— and the General Assembly of 1933 approved — a revised constitution. Blocked by
a technicality raised in an advisory opinion of the N.C. Supreme Court, the proposed
Constitution of 1933 never reached the voters for approval. It would have:
Given the governor veto power.
Given the power to make all rules of practice and procedure in the
courts inferior to the Supreme Court to a judicial council composed of
all the judges of the Supreme and Superior Courts.
Required the creation of inferior courts by general laws only.
Removed most of the limitations on the taxing powers of the General
Assembly.
N O R T H C A R O L I N A MA N U A L 2009-2010
74
Required the General Assembly to provide for the organization and
powers of local governments by general law only.
Established an appointive state Board of Education with general
supervision over the public school system.
Established an enlightened policy of state responsibility for the
maintenance of educational, charitable and reformatory institutions
and programs.
Several provisions of the proposed Constitution of 1933 were later incorporated
into the constitution by individual amendments. To a limited extent, the proposed
Constitution of 1933 served as a model for the work of the 1957-59 Constitutional
Commission.
Between the mid-1930s and the late 1960s, greater receptiveness to constitutional
change resulted in amendments:
Authorizing the classification of property for taxation.
Strengthening the limitations upon public debt.
Authorizing the General Assembly to enlarge the Supreme Court, divide
the State into judicial divisions, increase the number of Superior Court
judges and create a Department of Justice under the Attorney General.
Enlarging the Council of State by three members.
Creating a new, appointive State Board of Education with general
supervision of the schools.
Permitting women to serve as jurors.
Transferring the governor’s power to assign judges to the Chief Justice
of the Supreme Court and his parole power to a Board of Paroles.
Permitting the waiver of indictment in non-capital cases.
Raising the compensation of General Assembly members and
authorizing legislative expense allowances.
Increasing the general purpose property tax levy limitation and the
maximum income tax rate.
Authorizing the closing of public schools on a local option basis and the
payment of educational expense grants in certain cases.
The increased legislative and public willingness to accept constitutional change
between 1934 and 1960 resulted in 32 constitutional amendments being ratified by
the voters, while only six were rejected.
The Constitutional Commission of 1957-58
At the request of Governor Luther H. Hodges, the General Assembly of 1957
authorized the governor to appoint a fifteen-member Constitutional Commission to
study the need for changes in the state constitution and to make recommendations
N O R T H C A R O L I N A ’ S C O N S T I T U T I O N    C H A P T E R T H R E E
75
pursuant to its findings to the governor and the 1959 session of the General Assembly.
The commission recommended rewriting the entire constitution and submitting it
to the voters for approval or disapproval as a unit, since the suggested changes were too
numerous to be easily effected by individual amendments. The proposed constitution
drafted by the commission represented in large part a careful job of editorial pruning,
rearrangement, clarification and modernization. It also incorporated several significant,
substantive changes. The Senate would have been increased from 50 to 60 members
and the initiative (but not the sole authority) for decennial redistricting of the Senate
would have been shifted from the General Assembly to an ex-officio committee of
three legislative officers. Decennial reapportionment of the House of Representatives
would have been made a duty of the speaker of the House, rather than of the General
Assembly as a whole. Problems of succession to constitutional state executive offices
and how to settle questions of officers’ disability would have been either resolved in the
constitution or had their resolution assigned to the General Assembly. The authority
to classify property for taxation and to exempt property from taxation would have
been required to be exercised only by the General Assembly and only on a uniform,
statewide basis. The requirement that the public schools constitute a “general and
uniform system” would have been eliminated and the constitutional authority of the
State Board of Education reduced.
Fairly extensive changes were recommended in the judicial article of the
constitution as well, including the establishment of a General Court of Justice with
an Appellate Division, a Superior Court Division and a Local Trial Court Division.
A uniform system of district courts and trial commissioners would have replaced
the existing multitude of inferior courts and justices of the peace. The creation of
an intermediate Court of Appeals would have been provided for and uniformity of
jurisdiction of the courts within each division would have been required. Aside from
these changes, the General Assembly would have essentially retained its pre-existing
power over the courts, including jurisdiction and procedures.
The General Assembly of 1959 also had before it a recommendation for a
constitutional reformation of the court system that had originated with a Court Study
Committee of the North Carolina Bar Association. In general, the recommendations
of that committee called for more fundamental changes in the courts than those
proposed by the Constitutional Commission. The extent of the proposed authority
of the General Assembly over the courts was the principal difference between the
two recommendations. The Constitutional Commission generally favored legislative
control of the courts and proposed only moderate curtailment of the General
Assembly’s authority. The Court Study Committee, however, accepted a more literal
interpretation of the concept of an independent judiciary. Its proposals, therefore,
would have minimized the authority of the General Assembly over the state’s courts,
although structurally its system would have closely resembled that recommended by
the Constitutional Commission.
N O R T H C A R O L I N A MA N U A L 2009-2010
76
The proposed constitution received extensive attention from the General Assembly
of 1959. The Senate modified and passed the bill to submit the proposal to the voters,
but it failed to pass the House of Representatives, chiefly due to disagreement over
the issue of court revision.
As had been true of the proposed Constitution of 1933, the proposed Constitution
of 1959, though not adopted as a whole, subsequently provided material for several
amendment proposals which were submitted individually to the voters and approved
by them during the next decade.
In the General Assembly of 1961, the proponents of court reform were successful
in obtaining enactment of a constitutional amendment, approved by the voters in
1962, that created a unified and uniform General Court of Justice for the state. Other
amendments submitted by the same session and approved by the voters:
Provided for the automatic decennial reapportionment of the House of
Representatives.
Clarified the provisions for succession to elective state executive offices
and disability determination.
Authorized a reduction in the in-state residence period for voters for
President.
Allowed increases in the compensation of elected state executive officers
during their terms.
Required that the power of the General Assembly to classify and exempt
property for taxation be exercised by it alone and only on a uniform,
statewide basis.
The session of 1963 submitted two amendments. The first, to enlarge the rights
of married women to deal with their own property, was approved by the voters. The
second, to enlarge the Senate from 50 to 70 members and allocate one member of
the House of Representative to each county, was rejected by the voters. The General
Assembly of 1965 submitted, and the voters approved, an amendment authorizing
the legislative creation of a Court of Appeals.
The 1967 General Assembly proposed, and the voters approved, amendments
authorizing the General Assembly to fix its own compensation and revising the
legislative apportionment scheme to conform to the judicially-established requirement
of representation in proportion to population in both houses.
Constitution of 1971
From 1869 through 1968, a total of 97 propositions for amending the state
constitution were submitted to the voters. All but one of these proposals originated
in the General Assembly. Of those 97 amendment proposals, 69 were ratified by the
voters and 28 were rejected. The changing attitude of the voters toward constitutional
amendments is well illustrated by the fact that from 1869 to 1933, 21 of the 48
N O R T H C A R O L I N A ’ S C O N S T I T U T I O N    C H A P T E R T H R E E
77
amendment propositions were rejected by the voters — a failure rate of nearly 43%.
Between 1933 and 1968, only seven of 49 proposed amendments were rejected by
the voters — a failure rate of only 14.3%.
After the amendments of the early 1960s, the pressure for constitutional change
subsided. Yet, while the frequent use of the amendment process had relieved many
of the pressures that otherwise would have strengthened the case for constitutional
reform, it had not kept the constitution current in all respects. Constitutional
amendments usually were drafted in response to particular problems experienced or
anticipated. They were generally limited in scope so as to achieve the essential goal,
while arousing minimum unnecessary opposition. This strategy meant amendments
sometimes were not as comprehensive as they should have been to avoid inconsistency
in result. Obsolete and invalid provisions cluttered the constitution and misled unwary
readers. Moreover, in the absence of a comprehensive reappraisal, there had been no
recent occasion to reconsider constitutional provisions that, while obsolete, were not
frustrating or unpopular enough to provoke curative amendments.
The Constitutional Study Commission of 1968
It was perhaps for these reasons that when Governor Dan K. Moore recommended
to the North Carolina State Bar in the fall of 1967 that it take the lead in making a
study of the need for revision of the state constitution, the bar’s response was prompt
and affirmative. The North Carolina State Bar and the North Carolina Bar Association
joined to create the North Carolina State Constitution Study Commission, a joint
agency of the two organizations. The commission’s 25 members (fifteen attorneys and
ten laymen) were chosen by a steering committee representative of the sponsoring
organizations. The chairman of the study commission was former state Chief Justice
Emery B. Denny.
The State Constitution Study Commission worked throughout most of 1968. It
became clear early in the course of its proceedings that the amendments the commission
wished to propose were too