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. 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: Be it ordained by this Convention, and it is hereby ordained by the authority of the same, That the Flag of North Carolina shall consist of a red field with a white star in the center, 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.]
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.
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