CONSTITUTION OF THE

CONFEDERATE OFFICERS OF NORTH CAROLINA SOCIETY

MILITARY ORDER OF THE STARS AND BARS

A SOCIETY OF THE DESCENDANTS OF CONFEDERATE OFFICERS

PREAMBLE

The War Between the States produced some of the most outstanding civil and military leaders in the history of mankind. To perpetuate the idealism that animated the Confederate Cause and to honor the courage, devotion and endurance of those who dedicated their lives and services during four years of devastating war, and who, throughout the dreadful decade of reconstruction, labored heroically for the restoration of self-government as the most precious heritage of the American Revolution, male descendants of the officers who honorably served in the Army, Navy and other commands of the Confederate Executive and Legislative branches of government unite to establish the Confederate Officers of North Carolina Society, Military Order of the Stars and Bars, a patriotic society.

ARTICLE I
Name and Authority

Section 1. The name of this organization shall be Confederate Officers of North Carolina Society, The Military Order of the Stars and Bars.

Section 2. The Military Order of the Stars and Bars (the “General Society”) is a non-profit corporation, incorporated under the laws of the State of ‘Mississippi, with principal offices in the War Memorial Building, Jackson, Mississippi.

Section 3. The Confederate Officers of North Carolina Society, The Military Order of the Stars and Bars (the “State Society”) is a non-profit corporation, incorporated under the laws of the State of North Carolina, with principal offices in the residence of the State Society commander until such time as a permanent Headquarters is established by the State convention, pursuant to Article XVIII.

Section 4. Both this Constitution and the State Society are established pursuant to authority given in the Constitution of the General Society. In the event of any conflict between the constitution or Bylaws of the General Society, and this constitution, the former shall control.

ARTICLE II
Purpose and Principles

Section 1. The State Society shall be literary, historical, benevolent, patriotic, educational and non-political. It shall strive:

a.   To cultivate the ties of friendship among descendants of those who shared the responsibilities of Southern leadership in The War Between the States.

b.   To provide leadership in the collecting and assembling of data, documents and material relating to the Confederacy; however, the organization shall preserve the history of the Colonial and Federal periods of our history since the antecedents of The War Between the States are to be found- in these periods.

c.   To provide for future generations of the descendants of Confederate officers and civilian officials in the Executive and Legislative branches of government an organization to commemorate and honor the leadership of their forefathers.

d.   To consecrate in our hearts the Flag of the Southern Confederacy, not as a political symbol, but as an emblem of a heroic epoch for which our forefathers fought and died.

e.   To maintain a united front against doctrines subversive to the fundamental principles set forth in the Bill of Rights which, as a part of the Federal Constitution, guarantees freedom of speech sand the press, together with all other rights and privileges therein provided for the protection of political minorities and of individual citizens.

f.    To encourage and support true loyalty to the constitution of the United States of America.

ARTICLE III
Membership and Eligibility

Section 1. All male descendants, lineal or collateral, of those who served as officers in the Confederate Army or Navy to the end of the war, or who died in prison or while in actual service, or who were killed in battle or who were honorably retired or discharged, and descendants of elected or appointed officials. of the Legislative or Executive branch of the Confederate national and state civil government, shall be eligible for membership in the State Society; provided no member under sixteen (16) years of age shall have the right to vote and further provided no member shall be admitted under twelve (12) years of age.

Section 2. The term “collateral” as used in Section 1 hereof shall be defined as a legitimate relative by blood whose relationship to an ancestor of the same generation in the applicant’s direct line can be proven.

Section 3. Notwithstanding anything in this Article III to the contrary, applicants must be members in good standing in the General Society. Continuing membership in the State Society depends upon continuing membership in the General Society.

ARTICLE IV
State Officers

Section 1. The elected officers of the State Society shall be a Commander and Lieutenant Commander to serve for a term of two years. These officers shall be from different Chapters and shall be elected by a majority of the votes cast by ballot in the manner provided in Section 2 of Article XI of each State Convention held in an odd-numbered year at which a quorum under Section 4 of such Article is present for the vote. Their terms of office shall be limited to two consecutive terms. A Chief of Staff, an Adjutant, a Historian, a Judge Advocate, Chaplain, Inspector, Quartermaster, and such additional officers as desired by the Commander may be appointed by the Commander with terms of office running concurrent with that of the Commander, to serve at the pleasure of the Commander. The terms of office of all officers shall commence immediately upon the adjournment of the last business session of the State Convention where they were elected or appointed.

Section 2. In the event that the office of Commander becomes vacant due to resignation or death, the Lieutenant Commander automatically becomes Commander and shall appoint a Lieutenant Commander to serve until the next Executive Council meeting where a Lieutenant Commander shall be elected to serve the remainder of the term.

ARTICLE V
Duties of Officers

Section 1. In addition to the duties specified in the following Sections of this Article V, the State Society officers shall have such duties as usually appertain to their offices and such other duties as may be delegated to them by the State Convention or the State Society Commander.

Section 2. The State Society Commander shall be the executive head of the State Society with full powers to enforce the provisions of this Constitution and the will of the State Convention. He shall preside as Chair at the State Convention and be chairman of the State Society Executive Council and ex-officio member of all committees. He shall be empowered to act for the good of the State Society as circumstances in his judgment require in cases not provided for by the Constitution, subject in all such decisions and acts to appeal to the State Convention.

Section 3. The State Society Lieutenant Commander shall seek in every way to promote the interests and activities of the State Society, encourage the enrollment of new members and act in the absence of the State Society Commander on proper occasions, but at all times under his direction and control.

Section 4. The State Society Adjutant shall be charged with the administration of the policies and mandates of the State Convention, the State Society Executive Council and the State Society Commander. He shall keep a record of all the proceedings of the State Conventions, standing committees and the State Society Executive Council. He shall also have the care and custody of all records and papers of the State Society Executive Council and of all records and papers of the State Society and shall issue the necessary orders under the State Society Commander. He shall collect and be the custodian of the funds and property of the State Society, shall sign all checks disbursing its funds and, with the approval of the State Convention, shall invest and reinvest the same. He shall make a report to each State Convention showing the work performed by his office.

Section 5. The State Society Chief of Staff shall be responsible for carrying out the orders of the State Society Commander, for supervising the organization and proper functioning of the State Society, as well, as coordinating the work of the Society Staff. He shall, under the direction of the State Society Commander, issue general and special orders and instructions as required. At each State Convention, he shall make an annual report on the condition and functioning of the State Society together with such recommendations as he may deem proper.

Section 6. The State Society Historian shall collect from year to year all records and data of value and interest relating to the State Society or its members and shall compile during his term of office a complete record of the year’s State Society activities.

Section 7. The State Society Judge Advocate shall be a learned member of the North Carolina bar and shall advise the State Society Officers and Executive Council on all legal matters including the construction and interpretation of this Constitution and shall act as parliamentarian at State Conventions.

Section 8. The Society Chaplain shall be a regularly ordained member of the ministry and shall open and close all meetings of the State Society with the services usual and proper on such occasions and perform such divine and nonsectarian services as may be necessary in connection with his office.

Section 9. The State Society Inspector shall have charge of all investigations ordered for infractions of this Constitution or other State Society rules and regulations by individual members, Chapters or Staff members. All investigation of charges shall be initiated by the State Society Commander.

Section 10. The State Society Quartermaster shall set standards and establish the requirements for the accommodations of State Society headquarters at the State Society Convention. He shall advise and consult with the Commander of the host Chapter(s) with regard to the satisfactory completion of the arrangements.

ARTICLE VI
Nominations

Section 1. Prior to the business session of each State convention at which officers are to be elected, the incumbent State Society Commander shall appoint a Nominating Committee composed of five (5) members in good standing. The Nominating Committee shall be chaired by a past State Society Commander in good standing, with two (2) members being chosen from the incumbent Executive Council members and two (2) members from the State Society at large who are not incumbent Executive Council members.

Section 2. If no past State Society Commander is available, the incumbent State Society Commander may appoint any member in good standing of the State Society to act as chairman of the Nominating Committee.

Section 3. All candidates under consideration for the post of State Society Commander and Lieutenant commander shall be interviewed by the Nominating Committee. The Nominating Committee shall determine from this conference the willingness and eligibility of the candidates to serve. Each candidate shall present an affidavit from his Chapter Adjutant that he is a member in good standing. Any nominee presented to the Delegates at the State Convention as the choice of the Nominating Committee must have received the vote of a majority of the members of the Nominating Committee.

Section 4. Nominations from the floor can be taken for the election of State Society Commander and Lieutenant Commander.

ARTICLE VII
The State Society Executive Council

Section 1. The State Society Executive Council shall advise and consult with the State Society Commander as he may desire, have the duties and authority provided in this Constitution and such other duties and authority as the State Society Commander may direct (within the scope of his own authority).

Section 2. The State Society Executive Council shall have the power and authority to call a special State Convention, provided that thirty (30) days’ notice stating the reasons for calling same is given to each Chapter.

Section 3. The Commander, the Lieutenant Commander, the Chief of Staff, the Adjutant, the Judge Advocate, the Chapter Commanders, the Executive Council member elected from each Chapter, and all past State Society Commanders shall constitute the Executive council.

Section 4. All questions affecting the election, eligibility and conduct of State Society and Chapter officers, except as otherwise provided, shall be referred to and determined by the General Executive Council of the General Society.

Section 5. A majority of the members shall constitute a quorum of the State Society Executive Council. Members may vote by mail at the discretion of the State Society Commander. Except as otherwise required by this Constitution, all matters to be determined by the State Society Executive Council shall be determined by a majority, of those voting, provided those voting constitute a quorum.

ARTICLE VIII
Committees

The State Society Commander shall appoint all Committees referred to in this Constitution and shall appoint such other committees as he deems advisable.

ARTICLE IX
Chapters

Section 1. The State Society shall be divided into local units to be known as Chapters, which shall consist of at least five members. Application to form a Chapter shall be submitted to the State Society Commander accompanied by a charter fee and dues for each member as required. Upon approval, the State Society Commander shall forward the application to the Adjutant General of the General Society for final approval and issuance of the Chapter’s charter.

Section 2. Each Chapter shall elect a Commander, a Lieutenant Commander and an Adjutant. Additional officers may be appointed by the Commander.

Section 3. Each Chapter shall have the power to adopt rules and regulations for its own government which shall not be in conflict with the Constitution and Bylaws of the General Society, this Constitution, or any rules and regulations duly enacted by the General Society or the State Convention.

Section 4. Each Chapter shall:

a.   Notify immediately the Adjutant General of the General Society and the State Society Adjutant of the election and appointment of all Chapter officers.

b.   Promptly notify the Chaplain General and Commander-in-Chief of the General Society and the State Society Commander of the death of any member.

c.   Pay to the Adjutant General of the General Society and the State Society Adjutant not later than the thirty-first (31st) day of December of each year the annual dues of every member carried on the rolls levied by the State Society, except that the dues of new members shall be remitted within 10 days after the member joins the Chapter.

d.   Submit the required annual reports and other data as specified in this Constitution.

e.   Comply with all other duties that may be placed upon it in or pursuant to the Constitution or Bylaws of the General Society or this Constitution.

Section 5. No Chapter shall take part or vote in the General Convention of the General Society or the State Society Convention unless such Chapter has paid the dues required by the General Society and the dues required by the State Society.

Section 6. No Chapter shall be permitted to withdraw from the State Society and continue its activities as a separate Chapter representing The Military Order of the Stars and Bars.

ARTICLE X
State Convention

Section 1.  The legislative power of the State Society shall be the State Convention.

a.      The annual State Convention shall be held each year at a time and place to be selected by majority vote of the annual State Convention the year preceding the annual State Convention for which the time and place is being determined.

b.      In the event that the annual State Convention is unable or fails to fix the time and place for the subsequent annual State Convention, or it becomes necessary to change the time and place previously selected for the annual State Convention, such decision or change may be made by majority vote of the Executive Council with a quorum present. 

c.       Notice of each annual State Convention shall be sent to all Chapters at least 30 days prior to the date it convenes.

Section 2. Special State Conventions may be called by the State Society Executive Council or by a majority of all the Chapter Commanders, provided in either case written notice stating the matters to be considered is given to each Chapter and to each State Society Executive Council member at least 30 days prior to the date the special State Convention convenes.

ARTICLE XI
State Convention Delegates and Voting

Section 1. Chapters shall be represented at the State Society Convention by Delegates chosen by the Chapter membership. Each Chapter shall be granted one Delegate for every five (5) active members or major fraction thereof in good standing in the Chapter, provided, however that every Chapter shall be entitled to at least two (2) delegates. Each Delegate shall present a certificate of eligibility signed by his Chapter Adjutant to the Chairman of the State Convention Credentials Committee prior to participating at the State Convention.

Section 2. Except as otherwise provided in this Constitution, in all questions submitted to the State Convention, unless the Chair of the State Convention shall put the question for a voice vote of “yes” or “no” on motion if at least one-third (1/3) of the Delegates present in person, voting shall be conducted by secret written ballot in the following manner:

a.   The Chapters shall be called in order, the number of votes which each is entitled to under Section 3 of this Article XI stated, and ballots consisting of an unmarked 3” x 5” index card for each such vote given to each Chapter Delegation.

b.   The Chairman of each Chapter Delegation shall distribute ballots to each of the Chapter’s Delegates, who mark and deposit them directly into the ballot box.

c.   The Chair shall direct the vote count and announce the results.

Section 3. On all matters to be decided by ballot voting in the manner provided in Section 2 of this Article XI, each Delegate shall have one vote, provided, however, that in the event all of the Delegates to which the Chapter is entitled under Section 1 of this Article XI are not for any reason present for the vote, the votes of any Delegates to which the Chapter is so entitled, but who are not present, may be cast by the Chapter’s Delegates who are present (in addition to their own votes), prorated among them. If only one Delegate from a Chapter is present for the vote, the Delegate shall be entitled to cast a number of votes equal to the total number of Delegates to which the Chapter is entitled under Section 1 of this Article XI. If no Delegate from a Chapter is present for a vote, the Chapter’s votes shall not be cast.

Section 4. In order for the State Convention to act, there must be present at least a quorum. A quorum shall consist of Delegates who are entitled to cast under Section 3 of this Article XI at least one-third of the total number of votes that could be cast under such Section if all Chapters were represented by Delegates present. All matters to be decided by ballot voting shall be decided by a majority vote (provided such a quorum is present), except as otherwise provided in this Constitution.

Section 5. Each past State Society Commander and each incumbent State Society Officer who is a member of the State Society Executive Council shall be entitled to participate at the State Society Convention the same as if he was a Delegate, provided he is then in good standing in the State Society. In all matters to be decided by ballot voting in the manner provided in Section 2 of this Article XI, each such past State Society Commander, and each such incumbent State Society Officer, who is present shall have one vote.

ARTICLE XII
State Convention Resolutions and Motions

Section 1. All matters to be decided by the State Convention shall be in the form of a resolution, except for election of the Commander and the Lieutenant Commander.

Section 2. At each State Convention the State Society Adjutant shall submit a Book of Resolutions for consideration. To be included in the Book of Resolutions, a resolution must first be delivered in typewritten form to the Adjutant at least 30 days prior to date on which the State Convention convenes. The Adjutant shall send, in the manner provided in Article XXV of this Constitution, a copy of the Book of Resolutions to each member of the State Society Executive Council and to each Chapter, no later than 20 days before the date on which the State Convention convenes.

Section 3. In order for a resolution to be considered by the State Convention that has not been submitted to the Adjutant for inclusion in the Book of Resolutions in the manner required by Section 2 of this Article XII, the resolution must first be submitted in typewritten form to the State Society Adjutant prior to the State Convention’s commencement of business, with a sufficient number of copies thereof for every Delegate present at the State Convention. To be considered, the resolution must then also be approved for submission to the State Convention either by the State Convention Committee on Resolutions and Reference, or by two-thirds of the votes cast by ballot in the manner provided in Section 2 of Article XI in a vote at which the quorum required by Section 4 of such Article is present.

Section 4. A written copy of each motion or amendment to motion shall be given to the State Society Adjutant prior to or immediately following the making of the motion or the amendment at the State Convention.

ARTICLE XIII
General Convention

Section 1. Chapters shall be represented at the annual General Convention of the General Society by delegates chosen by the Chapter membership. Each Chapter shall be granted one delegate for every five active members or major fraction thereof in good standing in the Chapter, provided however, that every Chapter in good standing shall be entitled to at least two delegates.

Section 2. In all questions submitted to the General Convention, the Chair shall put the question for a voice vote. On motion of at least one-third of the Delegates present and voting, each Delegate having one vote, the Chapters shall be called in order, the number of votes each is entitled to stated and the vote on the question announced by the Chairman of each Delegation. Election of officers may be conducted by secret written ballot on motion of at least one-third of the Delegates present and voting, each Delegate having one vote.

a.   Each Chapter in roll call or ballot voting shall be entitled to cast the number of votes equal to the number of delegates to which it is entitled. In the event that all of the delegates to which the Chapter is entitled are not in attendance, the number of votes which the Chapter is entitled to cast shall be prorated among the Chapter’s delegates present. If only one delegate is present, the delegate shall be entitled to cast the total number of votes to which his Chapter is entitled.

b.   The State Society shall have two votes. The votes shall be cast by the State Society Commander or his designee.

ARTICLE XIV
Annual Reports

Section 1. The Commander of each Chapter shall submit a report by December 31st of each year (or if an earlier date is mandated by the General Society for Chapter reports, then  by such earlier date) to the State Society Commander and to the General Headquarters, Commander General and Chief of Staff of the General Society.

Section 2. Reports shall include a Chapter roster, a payment of General Society and State Society dues, if same has not been previously remitted, the names of members deceased or dropped from the Chapter rolls since the date of the last report, and such further information as may be required from time to time by the General Executive Council of the General Society or the State Society Commander.

Section 3. The State Society Commander shall submit to the applicable Department Commander and to the General Headquarters of the General Society by such date mandated by the General Society (or in the absence of such mandate, by February 15 of each year) a report providing such information as may be required from time to time by the General Executive Council of the General Society. The State Society Commander shall also submit by by such date mandated by the General Society (or in the absence of such mandate, by February 15 of each year) a status report on the State Society to the General Headquarters, the Commander General and the Chief of Staff of the General Society.

ARTICLE XV
Dues

Section 1. The revenue of the State Society shall be derived from annual dues and from such other sources as may be approved by the State Society Executive Council.

Section 2. The annual dues and life membership fees of the State Society shall be set by the State Society Executive Council subject to change by the State Convention. Applications for State Society life membership shall be accompanied by the State Society life membership fee, plus any recording fee that may be required by the State Society Executive Council. If the applicant is not elected, his fee shall be returned.

ARTICLE XVI
Finance

Section 1. At a meeting of the State Society Executive Council to be held immediately following each State Convention, a proposed operating Budget shall be presented, considered and approved by the State Society Executive Council, subject to such modifications as the State Society Executive Council may deem appropriate.

Section 2. Once the operating Budget provided for in Section 1 of this Article XV has been adopted, any disbursement in excess of the amount approved in the operating Budget for any line item shall be required to be approved by the State Society Executive Council.

ARTICLE XVII
Membership Applications

Section 1. Application for membership in the General Society and State Society shall be made in duplicate on forms provided by the Adjutant General of the General Society. The application shall be accompanied by such fees as the General Society and/or the State Society Executive Council may determine on a general basis.

Section 2. Application shall be made directly to one of the Chapters or the State Society for assignment to a Chapter. If an individual does not desire to be a member of the State Society, he may make application directly to the Adjutant General of the General Society to be a member-at-large either on an annual basis or as a life member.

Section 3. All applications shall bear the signed endorsement of a member in good standing of the General Society.

Section 4. The State Society Commander shall appoint a State Society Genealogist who shall examine and verify all applications for membership in the State Society. The State Society Genealogist shall be a member in good standing of the State Society, who is known by the State Society Commander to have access to a genealogical library and to the Confederate service records of the State of North Carolina. In cases where the applicant’s ancestor’s service was from another State, the State Society Genealogist shall communicate with and receive verification of the ancestor’s service from the Society Genealogist of the State from which the applicant’s ancestor served. The State Society Genealogist shall, after examination and verification, transmit all applications, whether approved or referred for further examination, to the Genealogist General of the General Society.

Section 5. In cases in which the State Society Genealogist has failed to approve an application, the Genealogist General of the General Society shall examine such application and, together with the Genealogy Committee of the General Society, shall pass on the application. The decision of the Genealogy Committee of the General Society shall be final.

Section 6. An application to establish a supplemental lineage shall be made on forms supplied for that purpose exclusively by the Adjutant General of the General Society and shall be subject to the same standard of proof and review as applications for new membership. The supplemental application shall be accompanied by such fees as may be determined by the General Society and/or the State Society Executive Council on a general basis, which shall cover the costs of the supplemental line certificate and processing of the application.

ARTICLE XVIII
Headquarters

Section 1. The permanent Headquarters of the State Society shall be designated by the State Convention. Until a permanent Headquarters is selected by the State Convention, the Headquarters shall be the residence of the Stats Society Commander.

Section 2. The Official archives and records of the Stats Society shall be kept at Headquarters and may be open for the use and inspection of any member at reasonable times upon reasonable advance notice.

ARTICLE XIX
Resignations

Section 1. Resignations from the State Society shall be submitted in writing to the State Society Adjutant with duplicates copies sent to the State Society Commander and to the applicable Chapter Commander.

Section 2. A member who shall have resigned may, upon application to the General Society, be restored to membership in the Stats Society by a majority of the members present and voting at a General Convention of the General Society.

ARTICLE XX
Forfeiture of Membership

Section 1. Any member may be expelled or suspended from the General Society for cause, such cause being deemed sufficient by the General Executive Council of the General Society by a three-fourths affirmative vote of the members of the General Executive Council present at any regular or special meeting. Cause for disciplinary action shall include, but not be limited to (a) disloyalty; (b) neglect of duty; (c) dishonesty; (d) conduct unbecoming a member of The Military Order or the Stars and Bars; (e) an act repugnant to the Constitution of the General Society or detrimental to the goals and objectives of the General Society.

Section 2. No vote on suspension or expulsion shall be taken until at least 30 calendar days’ notice shall have been given the member. All charges shall be stated in writing along with the time and place of the meeting of the General Executive Council at which the charges shall be considered. The notice shall be transmitted to the member by registered mail.

Section 3. The member facing the charges shall be accorded a full hearing before the General Executive Council. The General Executive Council shall provide for a true and accurate recording of all proceedings of such hearings.

Section 4. Charges against any member may be proffered by any member in good standing. The charges shall be in writing and clearly state the facts relied upon along with all affidavits or exhibits which are to be used in their support. Such charges shall be filed with the Adjutant General of the General Society who will immediately notify the Commander-in-Chief of the General Society. The Commander-in-Chief shall appoint a committee of three members, one of whom shall be the Inspector General of the General Society (or, alternatively, in the case of charges having been brought against the Inspector General, the Judge Advocate General of the General Society) who shall serve as chairman and two members of the General Society. After proper and thorough investigation of the charges by the committee, the concurrence of two-thirds of the committee being necessary, the chairman shall report in writing to the Commander-in-Chief either that the charges should be dropped or that sufficient cause exists to have the charges heard at a called meeting of the General Executive Council. In the latter event, the Commander-in-Chief shall schedule a meeting of the General Executive Council to hear the Charges.

Section 5. The Adjutant General shall give at least 30 days notice of the meeting to each member of the General Executive Council and to the plaintiff and the defendant. If the member charged is an officer, all Chapter and Society Commanders will be notified of the hearing at least thirty days prior to the meeting. All notices regarding the meeting shall be in writing and shall include a true copy of the charges and of the supporting affidavits and exhibits.

Section 6. Any member who has been suspended or expelled from the General Society by the General Executive Council has the right to appeal the decision to the next annual meeting of the General Convention the decision of which is final.

Section 7. Any member expelled or suspended from the General Society shall be deemed automatically also expelled or suspended from the State Society. A member of the State Society may not otherwise be expelled or suspended.