USA > North Carolina > History of North Carolina: The Federal Period 1783-1860, Volume II > Part 13
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After a week's session the convention adjourned. Its cause was undoubtedly a just one, but the cleavage between the extreme western and the central counties was fatal; also the resort to a second convention smacked too much of revolution. Consequently there were no effective results. The General Assembly, which met two days after the convention adjourned, did nothing. The campaign for ratification and a second con- vention was a failure. Not enough delegates were elected to
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organize a convention-even the approval of Thomas Jeffer- son, published in the papers of the time, had no effect.
During the next six years the convention agitation sub- sided. For this there were several reasons. One was un- doubtedly the failure of the movement in 1822 and 1823. An- other was the intense interest in national politics, notably the presidential campaigns of 1824 and 1828, and the nullification issue, also the excitement over certain state questions, notably the conduct of the banks and the policy adopted toward them. By 1830, however, forces were at work which revived the in- terest in constitutional reform. Western influence was strong enough in the legislature of 1830 to secure the election of Montford Stokes, prominent in the agitation of 1822-23, as governor over Richard Dobbs Spaight, an eastern leader. Two years later David L. Swain, of Buncombe, was made governor and held office until 1836. Also a new set of leaders was rising to prominence. In the legislature of 1831 there were 101 new members, 27 in the Senate and 74 in the Commons. The burn- ing of the capitol in the summer of 1831 also opened the way for obstruction to its rebuilding at Raleigh unless the con- vention question were referred to the people. The economic situation also caused protest. The census showed that the rank of North Carolina in population had declined from third among the states in 1790 to fourth in 1800, 1810 and 1820, and to fifth in 1830; also the western counties had by 1830 out- stripped the east in population. A profound sense of depres- sion, of laggardness in economic development, was widespread. The remedy seemed to be a more liberal policy of internal improvements on the part of the state, one that should bind together all sections by transportation facilities and so de- velop the latent economic resources. Yet in spite of popular demands for internal improvements and the recommendations of the Board of Internal Improvements nothing was done. The chief cause of inactivity was the intense sectional par- tisanship which prevented any united action in behalf of the state at large. Clearly some reform in representation, which would allay sectional strife, was necessary before North Caro- lina could take any forward step in industrial development.
These general influences lend intelligibility and interest to
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the last years of the agitation for reform. In 1830 resolutions in the Commons for a convention were, as usually, postponed. The Board of Internal Improvements also advised larger appropriations for its work but received no assistance. The next session the west attacked the reform problem in a new way. The capitol building at Raleigh burned in the summer of 1831. A movement was immediately started to block any appropriation for rebuilding unless concession on the conven- tion question was made, and, in order to win the support of the Cape Fear counties, the west agreed to the removal of the capital from Raleigh to Fayetteville. The alignment of tactions on this issue is well told in a letter of the time :
"There are five parties here. The largest (but it does not constitute a majority) is for rebuilding the capitol and is opposed to a convention in every form. This may be named the Eastern party. The next in point of magnitude is the Western party; they want a reconstruction of our constitu- tion with respect to political power, and want no more, but will either keep the government at Raleigh or remove it to Fayetteville, as one or the other will favor their great end. The third in point of size is the Fayetteville party; their main object is removal, but they are willing also to go for a general convention. The two others are of about the same magnitude, the Northwestern and Southwestern parties. The former want a modification of the constitution, but are utterly op- posed to a removal; the latter want removal but resist the alteration of the constitution." 5
The first step of the coalition of the west and the Cape Fear faction was to defeat the appropriation for rebuilding at Raleigh. The debate, which lasted through December, 1831, into January, 1832, was mainly a series of arguments on the propriety of removal and a constitutional convention. Those opposed to the bill, who also favored removal and a conven- tion, found their principal argument in the economic value of Fayetteville. Raleigh was but a country town without trade or industry ; the legislators there in session received no influ- ence that would remove provincialism and prejudice ; as Fay-
5 Ashe, James Paton (N. C. Hist. Commission).
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etteville was a commercial centre with a large trade, a re- moval of the capital to it would bring the members of the legislature into contact with commerce and give them an ac- quaintance with its advantages, would stimulate the cause of internal improvements and open a new and larger era in the development of the state's resources. However, the friends of rebuilding at Raleighi had much the stronger arguments; they pointed to the doubtful constitutionality of removal, the violation of public faith with the people of Raleigh who had paid to the state $62,000 for land lots, the uncertainty of navi- gation on the Cape Fear, the central location of Raleigh, and the expense of a convention. Although these facts enlisted the best talent of the legislature, the appropriation bill was de- feated, losing in the Commons by three votes. Having pre- vented rebuilding at Raleigh, the western faction introduced a bill for a convention to revise the Constitution and consider the removal of the capital, but it was indefinitely postponed in the Commons, where introduced, by sixty-nine to fifty-six.
The following session, 1832-33, the coalition of reform and removal failed. A joint committee on reform was appointed. An attempt was made in the Senate to have it consider re- moval, but it was defeated. The sight of the ruins of the old capitol and the doubt of the legality of sessions not within the city limits of Raleigh were powerful arguments for rebuild- ing; so the appropriation bill was carried. Seeing no hope for the success of the convention bill, the friends of reform de- cided to appeal to the people. A meeting was held on January 4, 1833. Its chairman was General Polk of Rowan. Among those present were some large-minded eastern men, viz .: Wil- liam Gaston of Craven, David Outlaw of Beaufort, William H. Haywood of Wake. Resolutions were adopted that the sheriffs at the next election take the poll for and against a convention and report the vote to the legislature. A committee to frame an address to the people and committees of corre- spondence for the various counties were then appointed. Ac- cordingly the vote on the convention issue was taken in thirty- one counties, the result being 30,000 for a convention and 1,000 against it. The returns were sent to the legislature by Governor Swain in a strong and effective message. A joint
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committee on reform was appointed. A majority of its mem- bers were from the east, and they were able to force a com- promise. The west sacrificed its superiority in numbers by granting that no county should be denied representation in the lower house on account of small population and that no large county should have more than two in the same house. The eastern members, on the other hand, conceded reform not by convention but by legislative initiative. This would throw the movement into the hands of the east, which controlled the legislature. Consequently the report of the committee was not acceptable to a majority of the western members, and it was rejected.
In the meantime the issue of internal improvements had become imperative. The need of better transportation facili- ties was apparent in all parts of the state. During 1832 and 1833 a number of railroad conventions were held and just before the session of 1833-34, a convention representing forty- eight counties met in Raleigh. Resolutions were adopted which recommended for the east the connection of Edenton with the Dismal Swamp and of Beaufort Harbor with the Neuse River, and railroads from the Roanoke to South Caro- lina and from the mountains to the sea. A memorial embody- ing these plans was presented to the legislature by the con- vention, which appeared before the legislature in a body. Here was a measure that would benefit all sections of the state. It was referred to a joint committee of both houses. The Board of Internal Improvements also recommended some action. Nothing was done because of the clash of sectional interests. The session of the legislature, an unusually long one, ended with neither the mandate of the people concerning constitutional reform nor that on internal improvements being heeded.
A wave of indignation now swept over the state. The western members of the legislature held a meeting and ap- pointed a committee to frame an address to the people. A large number of newspapers in the east criticised the lack of action on the part of the legislature. In the west revolution was threatened. Said the Carolina Watchman:
"If the General Assembly does not submit the inequalities
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of our constitution to the people in some formal mode, we of the west are determined to go to work without the behest of that body. We admit the experiment is dangerous-if the people were less virtuous, it would be immensely so-but we think the spirit of your fathers which bore them through the trials of the Revolution is still sufficiently with us to secure us against the perils of faction. Mark it, my dear Sir, cost what it will the experiment will be made immediately. after the rise of the next Assembly if some measure of reform does not pass." 6
This threat of revolution, the change in the attitude of certain eastern leaders and newspapers, and the demand for a charter of a railroad from Raleigh to Wilmington, to which the west would consent only on condition that the convention question be referred to the people, were effective in the legis- lature of 1834-35. A bill providing for a convention to con- sider specific reforms was submitted to the people for approval. As any change in representation was to be made on the basis of federal numbers, the measure was really a compromise in favor of the slaveholding counties of the east. Yet in the popular vote which was taken in April, 1835, all the eastern counties gave majorities against the convention bill, while all the western counties save Person showed majorities for it.
The vote cast was the largest in the history of the state up to that time, 48,377, and the majority for the convention was 5,165. At a second election delegates were chosen and the convention met on June 4, 1835. .
The political and constitutional issues before the conven- tion were undoubtedly the most important between the ratifi- cation of the Federal Constitution in 1789 and secession in 1861. The personnel of the convention was worthy of the task. Among the members, two from each county, were most of those then living who had achieved political distinction, and many of the rising generation who were to attain eminence before 1861. The venerable Nathaniel Macon, who had retired from public life in 1828, appeared as delegate from Warren
6 Raleigh Register, July 29, 1834.
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County, and was made presiding officer. From Warren also came Weldon N. Edwards, later secretary of the Secession Convention. From Craven were sent Judge Gaston, in per- sonality and influence second to none, and Richard Dobbs Spaight. Halifax sent another member of the Supreme Court, Joseph J. Daniel, and an ex-governor, John Branch. Dele- gates from the east representing the rising generation were Asa Biggs, of Martin, Kenneth Rayner, of Hertford, and Wil- liam B. Meares, of Sampson. Among the members from the west were Governor Swain, of Buncombe, Calvin Graves, of Caswell, David Barringer, of Cabarrus, John M. Morehead, of Guilford, Alfred Dockery, of Richmond, Charles Fisher, of Rowan-all just rising to influence-and the veteran poli- ticians, Josiah Crudup, of Granville, and Meshack Franklin, of Surry.
On one reform only was the convention explicitly directed to take action, that of representation; it was authorized to consider at its will other questions, viz .: the abolition of free negro suffrage, disqualifying those holding federal office to accept office under the state government, equalizing the capi- tation tax on slaves and whites, new methods of appointing and removing militia officers and justices of the peace, com- pulsory viva voce voting in the election of officers of the legislature, the abolition of religious restrictions on office hold- ing, provision for vacancies in the legislature caused by death or resignation of members, biennial legislative sessions, biennial term for governor, triennial election of secretary of state and attorney general, election of the governor by the people, and of the attorney general for a term of two years, providing a tribunal for impeachment, vacating the commis- sions of justices of the peace found guilty of crime, removal of judges for mental incapacity by a resolution of the legisla- ture, preventing reduction of salaries of judges during their continuance in office, restriction of private legislation, dis- qualifying judges while in office from eligibility to other office except the Supreme Court, and providing a method for future amendments. The convention referred these matters to a committee of twenty-six for preliminary consideration and then debated in committee of the whole the clauses favor-
.
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ably reported. The discussions were illuminating; they made clear the ideals of an old order then passing away and those of a new one just rising to ascendancy.
The first reform considered was that of borough represen- tation, an excellent example of conflicting conceptions of po- litical values. The defence of the institution was that simple justice required every distinct interest to have representation in the law-making body; as agriculture was represented through county representation, commerce and large property interests should receive recognition by borough representa- tion. Moreover, there were special public problems, such as quarantine, inspection, and pilotage, which were said to de- mand representation. Governor Swain, a leader of the liberal forces, stated that the convention bill itself was carried by the vote of the boroughs and it was also conceded that many of the ablest legislators in the past had been representatives of boroughs. Although the apologists made the longer and the abler argument, the silent, powerful sense of collective democracy was stronger, and after efforts at compromise by retaining representation for the eastern coast towns, the borough franchise was abolished. Thus the conception of class representation, a heritage of the British constitution, was discarded, and the American conception of direct popular representation gained strength in the fundamental law of North Carolina.
On the kindred question of abolishing county representa- tion the debate was long and tedious. The mandate of the law authorizing the convention was that the Senate be reorganized to consist of not less than thirty-four nor more than fifty members elected by districts which should be laid off in pro- portion to taxation, and that the House of Commons should also be reorganized to consist of not less than 90 nor more than 120 members to be elected either by counties or districts, or both, according to federal numbers. The report of the com- mittee favored 50 for the Senate and 120 for the House. It met bitter opposition from certain of the eastern leaders who feared the ultimate result would be western domination and extravagance in the matter of internal improvements. It was realized that the larger the number of representatives
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the relatively greater would be the strength of the large western counties, doubtless giving the west a majority; al- though the apportionment of the senators according to prop- erty would give the east an immediate majority in the upper house, that majority might be lost at a later apportionment, and the west would thereby dominate in both houses. This might result in a tax system weighing heavily on the east and extravagant appropriations for railroads in the west. In fact it was admitted by western leaders that they favored rail- road development with state aid. In reply Mr. Wilson of Perquimans exclaimed : "It turns out now that the west wants the power in their hands, not because Lincoln, Orange, etc., were unequally represented in the legislature, but because they want to construct railroads, canals, etc., to give them an outlet to the ocean. But what benefit would accrue to the West if they had an outlet? Very little, sir; for nine-tenths of their land is exhausted, and not worth cultivation, con- trasted with the hundreds and thousands of acres annually brought into market in the southwestern states."7 Likewise, Spaight, another eastern leader, regarded western plans for internal improvements as chimerical. "Such a scheme," he declared, "is not only idle and visionary, but perfectly im- possible. In the first place, we have not active capital enough at our command to make it; but if we had, and it were made, and we were to concentrate all the produce of the State, it would not yield a profit sufficient to cover the expenses. Gen- tlemen will tell us about the great profits arising from Rail- roads. It is not transportation which yields this profit, but the money received from passengers."8 Undoubtedly the chief influence in settling the problem of representation was that of Judge Gaston. Coming from an eastern county, whose values were depreciating, he had participated in the agita- tion for internal improvements and was also magnanimous enough to realize the justice of giving the west a larger repre- sentation. By careful calculation he estimated that the pro- posed reform would give the east a majority in the Senate and the west a majority in the House of Commons. His influence
7 Proceedings and Debates, p. 99.
8 Ibid., 123.
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was sufficient to swing enough eastern members to vote with the west to carry the reform. It was also Gaston who sug- gested the provision that the first new apportionment of sena- tors and representatives be made in 1842, the second in 1852, and others at intervals of twenty years.
The proposals for biennial sessions of the legislature and popular election of the governor did not receive so extended debate. The opposition to change, however, was strong. Ma- con declared that annual sessions were essential to the pres ervation of democracy. "If you can put off the meeting of the Legislature for two years, you may extend the time to four, six, or ten years." Governor Branch also pointed out that annual sessions "were well calculated to keep in check Federal usurpations. The powers of the General Government are con- stantly increasing; and American liberty depends on the preservation of State Rights and State Powers." 9 The edu- cational value of annual elections, as a means for the inter- change of ideas among the people and their information, was also pointed out. "In the Northern States," said Carson of Rutherford, "the people have the advantage of free schools and education is more universal. Here, we are not so gen- erally educated, and therefore need all the benefits of knowl- edge derived from these and other sources. Collision of senti- ments elicits the truth and when the people know the truth, they have no other interest than to do right in public affairs." 10 Above all was the English tradition of annual Parliaments as a check against oppression by other organs of the government.
As for popular election of the governor, such a measure was held up as demoralizing in its political results. Said Gaston : "Establish the scheme of an election of Governor by General Ticket, and we shall soon have our Grand Central Committees, District Committees, County Committees, and Captain's Company Committees, and all that vile machinery by which the freemen of the State are drilled into the slaves of factious Chieftains-by which they are deluded into the belief, that they are fighting for themselves, when in truth,
9 Ibid., p. 165.
10 Ibid., p. 185.
Vol. II-11
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they are only quarrelling for the selfish interests of design- ing and unprincipled men. Establish this scheme, and you will greatly increase the violence and bitterness of faction. All the freemen of the State will be brought out, every two years, into a general array against each other. The larger the multitude in which any excitement prevails, the more vio- lent the passions become, by contagious sympathy. In our peaceable State heretofore, we have fortunately had nothing to bring out one half the State against the other except in the election of President." 11
In spite of these objections, biennial sessions and popular election of the governor were adopted, and likewise viva voce voting by the legislature.
Among other reforms proposed none aroused more discus- sion than the abolition of free negro suffrage. Judge Daniel moved an amendment that those having landed property of 250 acres be allowed to vote for members of the House of Com- mons. "He was willing to leave the door open for all colored men of good character and industrious habits, as such would find no difficulty in obtaining the necessary qualifications." Arguments in favor of such compromise were the hardship of withdrawing a privilege long enjoyed, the injustice of taxation without representation, and the good results of such a policy in the West Indies during the French Revolution and the evils following its abandonment. In fact, defense of suffrage for the free negro with property qualifications enlisted some of the best talent of tlie convention-Judge Gaston, Judge Daniel, Governor Holmes, Charles Fisher, Judge Toomer, and Governor Branch. On the other hand the rising tide of pro- slavery sentiment opposed any concession to the free negroes. The views of the restrictionists were clearly based on race prejudice. They argued that the free negro could not be a citizen of North Carolina since the state constitution was the work of white men and that negro suffrage was a custom usurped after the Revolution. To allow the privilege to con- tinue was held dangerous because the negro was by nature unfit for citizenship and elections were corrupted because the
11 Ibid., p. 338.
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negro vote could be bought. If the privilege continued, North Carolina might become a refuge for free negroes all over the South, since in no Southern state was suffrage permitted them. Moreover since "the moment the free mulatto obtains a little property and is a little favored. by being admitted to vote," he will desire a white wife, Mr. Wilson, of Perqui- mans, moved that suffrage be denied to free negroes and mu- lattoes within four degrees. However, both compromises, property and blood qualification, were rejected and the right of suffrage was denied by the close vote of sixty-six to sixty- one. Attempt to reopen the question by Judge Gaston later in the session was defeated by nine votes.
By far the most lengthy debate was that on the thirty- second article of the Constitution, which excluded from office or place of trust in civil affairs those who denied the being of God, the truth of the Protestant religion, the divine authority of the Old or New Testament, and those who held religious principles incompatible with the freedom or safety of the state. The committee of twenty-six recommended the substitution of the word Christian for Protestant. At once great diversity of opinion was in evidence and the discussion lasted five days. At the extreme of conservatism, opposing any modification, was the anti-Catholic prejudice. Mr. Carson, of Burke, ad- mitted that there were some honest Romanists who deserved protection, "but," he added, "in the protection of this one, we must take care we don't let in a thousand dishonest ones. The Roman Catholic is the very offspring of a despot. Our fathers knew what a Roman Catholic was, and were afraid, if they didn't put something of this sort in, they might here- after have a harder struggle than they had just got out of." 12 Mr. Smith, of Orange, likewise was opposed to any change, holding that the thirty-second article should be kept in reserve "as sleeping thunder to be called out only when necessary to defeat some deep laid scheme of ambition." The most im- pressive address was that of Judge Gaston. A Catholic, he had recently been elected a member of the Supreme Court in spite of the apparent discrimination against his faith.
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