North Carolina State Flag

The flag of the State of North Carolina was adopted on March 9, 1885 and is defined by law as follows:

It bears the dates of the Mecklenburg Declaration of Independence (May 20, 1775) and of the Halifax Resolves (April 12, 1776), documents that place North Carolina at the forefront of the American independence movement. Both dates also appear on the Great Seal of North Carolina.

The North Carolina State Flag

The flag is an emblem of antiquity and has commanded respect and reverence from practically all nations from the earliest times. History traces it to divine origin, the early peoples of the earth attributing to it strange, mysterious, and supernatural powers. Indeed, our first recorded references to the standard and the banner, of which our present flag is but a modified form, are from sacred rather than from secular sources. We are told that it was around the banner that the prophets of old rallied their armies and under which the hosts of Israel were led to believing, as they did, that the flag carried with it divine favor and protection.

Since that time all nations and all peoples have had their flags and emblems, though the ancient superstition regarding their divine merits and supernatural powers has disappeared from among civilized peoples. The flag now, the world over, possesses the same meaning and has a uniform significance to all nations wherever found. It stands as the symbol of strength and unity, representing the national spirit and patriotism of the people over whom it floats. In both lord and subject, the ruler and the ruled, it commands respect, inspires patriotism, and instills loyalty both in peace and war. In this country we have a national flag which stands as the emblem of our strength and unity as a nation, a living representation of our national spirit and honor. In addition to our national flag, each of the states in the Union has a "state flag" which is symbolic of its own individuality and domestic ideals. The state flag also expresses some particular trait, or commemorates some historical event of the people over whom it floats. The flags of most of the states, however, consist of the coat of arms of that state upon a suitably colored field. It is said that the first state flag of North Carolina was built on this model but legislative records show that a "state flag" 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, which was referred to a select committee of seven. The ordinance stated that "the flag of this State shall be a blue field with a white V thereon, and a star, encircling which shall be the words, Sirgit astrum, May 20, 1775."

Colonel Whitford was made chairman of the committee to which this ordinance was referred. The committee secured the aid and advice of William Jarl Browne, an artist of Raleigh. Browne prepared and submitted a model to this committee and this model was adopted by the convention of June 22, 1861. The Browne model was vastly different from the original design proposed by Colonel Whitford. The law as it appears in the ordinance and resolutions passed by the convention is as follows:

AN ORDINANCE IN RELATION TO A STATE FLAG

This state flag, adopted in 1861, is said to have been 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 flag existed until 1885, when the Legislature adopted a new model.

A former Confederate soldier and then state Adjutant General, Johnstone Jones, introduced the bill which led the state legislature to adopt this flag in March, 1885 to replace the flag that had been adopted on June 22, 1861, immediately following the state's secession from the Union on May 20, 1861. The red field of the old flag was replaced by blue in memory of the Bonnie Blue Flag which was used as a symbol of secession during the war.

The bill, which was introduced by General Johnstone Jones on February 5, 1885, passed its final reading one month later after little debate. This act reads as follows:

AN ACT TO ESTABLISH A STATE FLAG

The General Assembly of North Carolina do enact:

SEC. 1. That the flag of North Carolina shall consist of a blue
union, containing in the centre thereof a white star with the letter N in gilt on the left and the letter C in gilt on the right of said star, the circle containing the same to be one-third the width of the union.

SEC. 2. That the fly of the flag shall consist of two equally
proportioned bars; the upper bar to be red, the lower bar to be
white; that the length of the bars horizontally shall be equal to
the perpendicular length of the union, and the total length of the flag shall be one-third more than its width.

SEC. 3. That above the star in the centre of the union there
shall be a gilt scroll in semi-circular form, containing in black
letters this inscription "May 20th, 1775," and that below the star there shall be similar scroll containing in black letters the
inscription: "April 12th, 1776."

SEC. 4. That this act shall take effect from and after its
ratification. In the General Assembly read three times and ratified this 9th day of March, A.D. 1885.

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 many speculate the authenticity of this particular document. The second date appearing on the state flag of 1861 is that of "May 20th, 1861." This date commemorated the secession of the State from the Union, but as the cause for secession was defeated, this date no longer represented anything after the Civil War. So when a new flag was adopted in 1885, this date was replaced with "April 12th, 1776." This date commemorates the Halifax Resolves, a document that places the Old North State in the very front rank, both in point of time and in spirit, among those that demanded unconditional freedom and absolute independence from any foreign power. This document stands out as one of the great landmarks in the annals of North Carolina history.

Since 1885 there has been no change in our state flag. For the most part, it has remained unknown and a stranger to the good people of our State. However, as we became more intelligent, and therefore, more patriotic and public spirited, the emblem of the Old North State assumed a station of greater prominence among our people. One hopeful sign of this increased interest was the act passed by the Legislature of 1907, requiring the state flag to be floated from all state institutions, public buildings, and courthouses. In addition to this, many public and private schools, fraternal orders, and other organizations now float the state flag. The people of the State should become acquainted with the emblem of that government to which they owe allegiance and from which they secure protection, and to ensure that they would, the legislature enacted the following:

AN ACT TO PROMOTE GREATER LOYALTY AND RESPECT FOR THE SOVEREIGNTY OF THE STATE

The General Assembly of North Carolina do enact:

SEC. 1. That for the purpose of promoting greater loyalty and
respect to the state and inasmuch as a special act of the Legis-
lature has adopted an emblem of our government known as the
North Carolina State flag, that it is meet and proper that it shall
be given greater prominence.

SEC. 2. That the board of trustees or managers of the several
state institutions and public buildings shall provide a North
Carolina flag, of such dimensions and materials as they deem
best, and the same shall be displayed from a staff upon the top of each and every such building at all times except during inclement weather, and upon the death of any state officer or any prominent citizen the flag shall be put at half-mast until the burial of such person shall have taken place.

SEC.3. That the Board of County Commissioners of the several
counties in this state shall likewise authorize the procuring of a
North Carolina flag, to be displayed either on a staff upon the
top, or draped behind the judge's stand, in each and every term of court held, and on such other public occasions as the Commissioners may deem proper.

SEC. 4. That no state flag shall be allowed in or over any
building here mentioned that does not conform to section five
thousand three hundred and twenty-one of the Revisal of one
thousand nine hundred and five.
SEC. 5. That this act shall be in force from and after its
ratification.

In the General Assembly read three times, and ratified this 9th day of March, A.D. 1907.

Many North Carolinians have questioned the legitimacy of having the date of the Mecklenburg Declaration, May 20th, 1776, on the flag. Historians have debated its authenticity because of the lack of any original documentation. The only evidence of the Declaration is a reproduction from memory many years later by one of the delegates attending the convention. Historians' main argument, other than the non-existence of the original document, is that the Mecklenburg Resolves, adopted just eleven days after the Mecklenburg Declaration, are comparatively weak in tone, almost to the point of being completely opposite. Many historians find it difficult to believe that the irreconcilable tone of the Declaration could have been the work of the same people who produced the Resolves. Efforts have been made to have the date taken off the flag and the seal, but so far these efforts have proved fruitless. Removal from the seal would be simple enough, for the date of the Halifax Resolves could easily be substituted without changing the basic intention of the date. The flag would prove to be more difficult, for there is no other date of significance which could be easily substituted.

Salute to the flag

The General Assembly of North Carolina adopted an official salute to the flag in 2007. It reads:

North Carolina Flag Law

Chapter 144

State Flag, Official Governmental Flags, Motto, and Colors.

§ 144-1. State flag.

The flag of North Carolina shall consist of a blue union, containing in the center thereof a white star with the letter "N" in gilt on the left and the letter "C" in gilt on the right of said star, the circle containing the same to be one third the width of said union. The fly of the flag shall consist of two equally proportioned bars, the upper bar to be red, the lower bar to be white; the length of the bars horizontally shall be equal to the perpendicular length of the union, and the total length of the flag shall be one half more than its width. Above the star in the center of the union there shall be a gilt scroll in semicircular form, containing in black letters this inscription: "May 20th 1775" and below the star there shall be a similar scroll containing in black letters the inscription: "April 12th 1776". (1885, c. 291; Rev., s. 5321; C.S., s. 7535; 1991, c. 361, s. 1.)

§ 144-2. State motto.

The words "esse quam videri" are hereby adopted as the motto of this State, and as such shall be engraved on the great seal of North Carolina and likewise at the foot of the coat of arms of the State as a part thereof. On the coat of arms, in addition to the motto, at the bottom, there shall be inscribed at the top the words, "May 20th, 1775." (1893, c. 145; Rev., s. 5320; C.S., s. 7536.)

§ 144-3. Flags to be displayed on public buildings and institutions.

The board of trustees or managers of the several State institutions and public buildings shall provide a North Carolina flag, of such dimensions and material as they may deem best, and the same shall be displayed from a staff upon the top of each and every such building, at all times except during inclement weather, and upon the death of any State officer or any prominent citizen the flag shall be put at half-mast until the burial of such person has taken place. (1907, c. 838, s. 2; C.S., s. 7537.)

§ 144-4. Flags to be displayed at county courthouses.

The boards of county commissioners of the several counties in this State shall likewise authorize the procuring of a North Carolina flag, to be displayed either on a staff upon the top or draped behind the judge's stand, in each and every courthouse in the State, and the State flag shall be displayed at each and every term of court held, and on such other public occasions as the commissioners may deem proper. (1907, c. 838, s. 3; C.S., s. 7538.)

§ 144-5. Flags to conform to law.

No State flag shall be allowed in or over any building here mentioned unless such flag conforms to the description of the State flag contained in this chapter. (1907, c. 838, s. 4; C.S., s. 7539.)

§ 144-6. State colors.

Red and blue, of shades as adopted and appearing in the North Carolina State flag and the American flag, shall be, and hereby are, declared to be the official State colors for the State of North Carolina.

The use of such official State colors on ribbons attached to State documents with the great seal and/or seals of State departments is permissive and discretionary but not directory. (1945, c. 878.)

§ 144-7. Display of official governmental flags; public restrictions.

(a) A county, city, consolidated city-county, or unified government shall not prohibit an official governmental flag from being flown or displayed if the official governmental flag is flown or displayed:

(1) In accordance with the patriotic customs set forth in 4 U.S.C. § 5-10, as amended; and

(2) Upon private or public property with the consent of either the owner of the property or of any person having lawful control of the property.

(b) Notwithstanding subsection (a) of this section, for the purpose of protecting the public health, safety, and welfare, reasonable restrictions on flag size, number of flags, location, and height of flagpoles are not prohibited, provided that such restrictions shall not discriminate against any official governmental flag in any manner.

(c) For purposes of this section, an "official governmental flag" shall mean any of the following:

(1) The flag of the United States of America.

(2) The flag of nations recognized by the United States of America.

(3) The flag of the State of North Carolina.

(4) The flag of any state or territory of the United States.

(5) The flag of a political subdivision of any state or territory of the United States. (2005-360, s. 1.)

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