With the chivalry of his nature, it was most natural that when the

Tory, Colonel Bryan, with whom he had so often crossed swords,

was arraigned and tried at Salisbury, in 1782, for treason,

Colonel Davie was one of the counsel who conducted his defense.

In this he displayed a courage of the forum no less brilliant and

commendable than his conduct in the field. Indeed Davie, though

the youngest, became in fact the principal counsel. Excitement

ran so high that no lesser favorite than "the hero of Charlotte"

could command attention. Bryan was convicted with several others,

and was sentenced to be hanged the 14th of April, 1782, but was

pardoned and exchanged. Judge Murphy, who had the opportunity of

judging, and whose opinion is of high value, says: "Davie took

Lord Bolingbroke for his model, and applied himself with so much

diligence to the study of his master that literary men could easily

recognize his lofty and flowing style. He was a tall, elegant man

in his person; graceful and commanding in his manners. His voice was

mellow and adapted to the expression of every passion. His style

was magnificent and flowing. He had a greatness of manner in public

speaking which suited his style and gave his speeches an imposing

effect. He was a laborious student and arranged his discourses

with care, and, when the subject suited his genius, poured forth a

torrent of eloquence that astonished and delighted his audience.

They looked upon him with delight, listened to his long, harmonious

periods, caught his emotions, and indulged that ecstasy of feeling

which fine speaking and powerful eloquence can alone produce. He is

certainly to be ranked among the first orators whom the American

nation has produced." It is said of him, with probably small

exaggeration, that during fifteen years while he was at the bar

there was not a capital trial in North Carolina in which he was not

retained for the defense. Eminent as he was, it was not for the lack

of worthy competitors. James Iredell and Alfred Moore, successively

Justices of the Supreme Court of the United States, François

Xavier Martin, afterwards Chief Justice of Louisiana, and Judge

John Haywood, afterwards of Tennessee, were his contemporaries.

His brief-books, some of which are still in existence, are models

of neatness and show a most careful summary of the evidence and

citation of authority in each case. Among his law students were

Governor and United Stales Senator David Stone, Mr. Justice Daniel,

of our Supreme Court, and many others who became distinguished men.

Judge Daniel said that he was the best lawyer and most accomplished

man he had ever known. It is stated of him, in comparison with his

great legal rival, John Haywood, that while the latter carefully

prepared every point, Davie would seize the strong points of the

case and throw his whole strength upon them. In this he seems to

have retained the experience and instincts of his soldier-life. As

a characteristic of his elegant tastes and attention to details it

is said that an examination of his correspondence shows that his

letters were invariably written upon gilt-edge paper.

When the Convention which formed our present Federal Constitution

was called to meet at Philadelphia in May, 1787, he was elected

one of the delegates. The delegates were the then Governor, Richard

Caswell, ex-Governor Alexander Martin, Richard Dobbs Spaight, who,

like Davie, was subsequently Governor, William Blount, afterwards

United States Senator, and Hugh Williamson, afterwards a member

of Congress and an historian. Governor Caswell did not attend.

Colonel Davie was the junior member of the delegation, being

then, notwithstanding his distinguished career as a soldier and

his high standing at the bar, not yet thirty-one years of age.

Still his eloquence and influence made a decided impression upon

the Convention. The Constitution all through is the result of

compromise; but the critical question was the equal representation

of each State in the Senate. Upon this it seemed likely the

Convention would be dissolved. The large States were firm for

proportional representation. With the smaller States an equal

voice in the Senate was a _sine qua non_. On that question North

Carolina voted with the other large States against the demands of

the smaller States, and this made the vote a tie, as Georgia, on

purpose, evenly divided her vote. The friends of the Constitution,

fearing a disruption, referred the question to a committee composed

of one from each State. Davie was the member of the committee from

North Carolina. When the committee made its report, Davie, acting

for North Carolina, gave her vote with the smaller States, and thus,

by one majority, was equal representation in the Senate secured.

Without it the Convention would doubtless have adjourned after a

useless session. The Constitution, without that wise concession,

could not have been adopted, and if adopted by the Convention, its

ratification by the smaller States could not have been expected.

This act was certainly against the wishes of his own State, then

the third, in point of population, in the Confederation, ranking

next after Virginia and Massachusetts and ahead of New York. It was

also apparently against the interests of his State, but the act was

that of a statesman, and should be recalled to his lasting honor. It

was a critical moment, for a narrow-minded man in his place, timid

of responsibility and fearful of his own popularity at home, would

have prevented or postponed for many years the American Union. He

remained in Philadelphia till the deliberations of the Convention

were virtually over and the adoption of the Constitution had become

certain. Then, in obedience to his duty to his clients, as the fall

circuit was about to begin, he left for home. Hence it is that his

name does not appear among those appended to that instrument. The

Constitution being the work of many hands and containing so many

alterations and amendments, would naturally have been rough and

ill-joined, containing a variety of styles. It is worthy of note

that the Convention considerately referred it to a committee of

one--Gouverneur Morris--an accomplished scholar, to make changes "of

form, not of substance." Under his hand it was polished and put in

shape, and hence the uniform flow and regularity of its language.

But the work was not yet done. The Constitution was yet to be

ratified by the conventions of the several States. When the North

Carolina Convention met at Hillsborough, July 21, 1788, a formidable

opposition was arrayed against its adoption, headed by Willie Jones,

David Caldwell, Judge Spencer, and others. The friends of adoption

were led by James Iredell, a remarkably able man, and Colonel Davie,

aided by Spaight, Maclaine, Steele, and others. The adoption of

the Constitution was at that time defeated. After its subsequent

adoption by North Carolina, President Washington tendered the

appointment of United States District Judge to Davie, who declined

it. Colonel Stokes was appointed, but, soon dying, John Sitgreaves

was appointed, probably through Davie's influence. He had married

his wife's sister.

By his wife he had acquired a valuable plantation near Halifax,

which he took pleasure in cultivating, and he evinced a deep

interest in introducing there a better system of farming. His

enterprise and public spirit procured the organization of a company

for the proposed drainage of Lake Scuppernong.

A friend of education, in 1786 he obtained from the General

Assembly the charter of Warrenton Academy, and had himself, with

Willie Jones, Thomas Person, Benjamin Hawkins, and other prominent

men named as the board of trustees. He was chosen repeatedly,

except when his private business constrained him to decline an

election, to represent the borough of Halifax in the House of

Commons. He served thus in the years 1786, 1787, 1789, 1791, 1793,

1794, 1796, and 1798. He was the real founder of the University of

North Carolina, and is so styled in the journal of 1810 of that

institution, and well deserved to be so called. Judge Murphy bears

this testimony: "I was present in the House of Commons when Davie

addressed that body (in 1789) for a loan of money to erect the

buildings of the University, and, although more than thirty years

have elapsed, I have the most vivid recollection of the greatness

of his manner and the power of his eloquence upon that occasion. In

the House of Commons he had no rival, and on all questions before

that body his eloquence was irresistible." He procured the act of

incorporation to be passed in 1789, and other aid, and was always a

fostering friend.

The opposition to all the measures in favor of the University

was great. The cry of "economy" and the fear expressed that the

institution was one step towards the founding of an aristocracy

made it difficult to carry any measure through. Gifted with less

tact, with less eloquence or with less popularity, Davie must have

failed. The institution is no less a monument also to his public

spirit, boldness, and foresight. He was a member of the first

board of trustees. The selection of a site for the University, the

superintendence of the erection of the buildings, the choice of

professors, the arrangement of a course of studies, the adoption of

regulations, the maintenance of discipline engaged his personal and

active attention. Truly he might have exclaimed "_Exegi monumentum

aere perennius_." The course of studies adopted at Davie's instance

in 1795 was the "optional" system which now generally obtains. In

this he anticipated the course of other colleges full fifty years.

When Dr. David Caldwell was elected President this was set aside

and the old iron-bound curriculum was adopted and remained in force

eighty years.

On December 9, 1787, in the town of Tarboro, the Free Masons of this

State organized the Grand Lodge of North Carolina. At that meeting

many of the most distinguished men of the State attended, Colonel

Davie among them. Governor Johnston was elected the first Grand

Master of North Carolina, and Governor Caswell the second. Davie

was elected Grand Master in December, 1792, and was successively

reelected for seven years. In that capacity he laid the cornerstone

of the University, October 12, 1793 (the old East Building), and on

April 14, 1798, he laid the cornerstone of the South Building at the

same place.

The project of a digest of the laws was brought forward by him, and

the appointment of Judge Iredell, the accomplished jurist, to do

the work, was made at his suggestion. The cession of the territory

which now forms the State of Tennessee was effected mainly by his

influence. In 1791 he was appointed by the Legislature one of the

three commissioners to establish the unsettled part of the boundary

between this State and South Carolina. He was again elected for the

same purpose in 1796, and again in 1803. None of these commissions,

however, were successful.

In 1794 he was commissioned by Governor Spaight to be Major-General

of the Third State Division, in view of the likelihood of war

with France. Congress, by the Act of June 24, 1797, directed an

embodiment of troops from the several States. The number to be

raised by this State under the act was seven thousand two hundred

and sixty-eight, and in September of that year Davie was appointed

by Governor Ashe Major-General to command this detachment. As

matters became more serious, Congress, in May, 1798, authorized a

provisional army of the United States of ten thousand men, and in

this he was appointed a brigadier-general by President Adams, July

17, 1798, and was confirmed by the Senate on July 19th. Of this army

Washington was made commander-in-chief, and he, in effect, committed

to General Davie the selection of the officers for that part of

the troops which should be raised in this State. In the same year

General Davie prepared a system of cavalry tactics which was adopted

by the Legislature and ordered to be printed. A copy of this is now

in our State Library.

General Davie came out of the war with the first military reputation

in the State, and these successive appointments, so many years

after, prove that North Carolina still turned to him as her greatest

soldier.

Just at this time, singularly enough, when in the receipt of high

honors, State and national, his election for the borough of Halifax

was first endangered. The circumstance is thus stated in a private

letter from that town, written in August, 1798: "The 'true whigs,'

as they styled themselves, dined together under the oaks and toasted

Mr. Jefferson. The other party, who were called 'aristocrats,' ate

and drank in the house on entirely different principles. General

Davie dined in the house with the 'aristocrats.' The 'true whigs'

took offense at this and resolved to oppose his election, and it was

only with much address that they were kept quiet." The writer adds:

"If any person had had the impudence to dispute the election General

Davie would certainly not have been returned. The rabble, which in

all places is the majority, would have voted against him."

He took his seat when the Legislature met. By that body, under

the then constitutional mode, he was, on joint ballot, elected

Governor of the State on December 4th, 1798, over Benjamin Williams

(afterwards Governor), and was inaugurated December 7th. Nothing

of special note took place during his tenure of office. President

Adams appointed an embassy to treat with the French Directory,

consisting of Mr. Murray, then our Minister to Holland, Chief

Justice Ellsworth, and Patrick Henry. The latter having declined on

the ground of age and ill health, Governor Davie was appointed in

his stead, June 1, 1799. On September 10th he resigned the office

of Governor, and on the 22nd, left Halifax to join Mr. Ellsworth

at Trenton. At his departure the people of Halifax and vicinity

presented him with a complimentary address, which was written by a

political adversary and signed by large numbers of the same party.

On November 3, 1799, Messrs. Ellsworth and Davie embarked in the

frigate _United States_, from Newport, Rhode Island. Aware of the

changes constantly taking place in the French government, they

touched at Lisbon on the 27th of November. They left on the 21st

of December, but being driven out of their course by a storm, they

put into Corunna the 11th of January, 1800, which they left by land

on the 27th, and on February 9th, at Burgos, in Spain, they met a

courier from Talleyrand, the French Minister, inviting them, on

the part of Bonaparte, who had become First Consul, to proceed to

Paris, which place they reached on March 2d. These dates will show

the vast difference which less than a century has made in the modes

of traveling and the transmission of intelligence. On April 8th the

Commissioners were received with marked politeness by the First

Consul. Napoleon having left for Italy on the famous campaign of

Marengo, the negotiations dragged till his return. On September 30,

1800, the treaty between the United States and France was signed by

our Commissioners and by Joseph Bonaparte, Roederer, and Fleurieu,

on the part of France. The conclusion of the treaty was celebrated

with _éclat_ at Morfontaine (the country-seat of Joseph Bonaparte),

the First Consul and a brilliant staff attending. One who was then

in Paris writes: "A man of his (Davie's) imposing appearance and

dignified deportment could not fail to attract especial attention

and remark wherever he went. I could not but remark that Bonaparte,

in addressing the American legation at his levees, seemed for the

time to forget that Governor Davie was _second_ in the commission,

his attention being more particularly directed to him." In the

brilliant circles of the nascent empire of Napoleon he was

distinguished by his elegance and his popular manners. His sojourn

in Paris was very agreeable to him. He was an accomplished linguist

and spoke French and Spanish fluently.

In the fall of that year Governor Davie returned directly home.

It is significant that the very day after the treaty was signed,

France, by the treaty of St. Ildefonso, reacquired Louisiana from

Spain, which it so soon after sold to the United States.

On his return home Davie was solicited to become a candidate for

Congress in 1801, but his private affairs, by reason of his long

absence, required his attention, and he declined. Willis Alston,

then a member of the same political party, was elected. In June

of that year President Jefferson appointed Governor Davie head

of a commission, with General Wilkinson and Benjamin Hawkins, to

negotiate with the Creeks and other Indians for further cession of

lands. This he declined for the same reason that he had refused

an election to Congress. In 1802 he was appointed by President

Jefferson a commissioner on the part of the United States in the

treaty to be made between North Carolina and the Tuscaroras, most of

whom had moved from this State, but had retained a valuable landed

interest in Bertie county. He met the agents of the State and the

chiefs of the Indians at Raleigh, and the treaty was signed December

4th, 1802, by virtue of which King Blount and the remainder of the

tribe removed to New York in June, 1803. In the spring of 1803,

Alston having gone over to the opposite political party, General

Davie was again solicited by his friends to become a candidate for

Congress. He accepted the nomination, but declined to make any

canvass. He was charged with being an aristocrat and with being

opposed to Mr. Jefferson, whose prestige was then all-powerful. He

was defeated at the polls.

He had lost his wife not long after his return from France. This,

together with his political defeat, determined him to withdraw

altogether from public life. In November, 1805, he removed to an

estate he possessed at Tivoli, near Landsford, in South Carolina,

just across the line from Mecklenburg county in this State. Here he

lived in dignified ease and leisure.

Many men, after the bufferings of a stormy or a busy life, have in

like manner felt the need of rest before going hence. It was thus

that the Emperor Charles V., at Juste, and Wolsey, who had "sounded

all the depths and shoals of honor," at Leicester Abbey, had sought

to put a space of contemplation between the active duties of life

and the grave. Davie's country, however, did not forget him. During

the second war with Great Britain, President Madison appointed him

a major-general in the United States army, and he was confirmed by

the Senate, March 2d, 1813. But "time steals fire from the mind

as vigor from the limbs." Though not an old man, General Davie's

early campaigns had told upon him. The sword which twenty-five

years before had almost leapt of itself from the scabbard was

now constrained to hang idly by his side, and he declined the

appointment. General Harrison (afterwards President) was appointed

in his stead and fought the battle of the Thames, October 5, 1813

in which Tecumseh was slain. The next year he in turn resigned and

General Andrew Jackson was appointed to succeed him, and the battle

of New Orleans followed on January 8, 1815.

General Davie's seat at Tivoli, on the Catawba, was the resort of

many of the Revolutionary characters. In their journeys by private

conveyance to Virginia or the North, the custom was to arrange to

spend a day or two there with him, where he kept open house for his

friends, and, sitting under an immense oak, from which there was a

view of miles of the Catawba, they fought over the war together or

discussed the workings of the new government and the Constitution

they had established. This was all the more interesting, as much of

his campaigning had taken place on and around this very spot. In

this connection it is interesting to state that after his retirement

to Tivoli he was much sought after in drawing wills. He drew some

of the most famous wills in that State--indeed, it is said, all of

them in that part in which he resided, not one of which, except

his own, was ever assailed. In this respect he had the fortune of

Sugden (Lord Saint Leonard's), Governor Tilden, and many other

famous lawyers. The contest over Governor Davie's will has just been

settled by a decision of the Supreme Court of the United States,

filed the 28th of March of this year (1892), in the case of _Bedon_

vs. _Davie_, 144 U. S., 142, a very interesting case.

His correspondence and other materials for history must have been

very large and very valuable. It was from his papers that the copy

of the Mecklenburg Declaration of May 20th, 1775, was procured,

which is known as the "Davie Copy." Unfortunately all his family

papers and all the historical material which had been carefully

preserved by him for publication at some future time were destroyed

during Sherman's raid. The banks of the Catawba were said to have

been strewn with them, and nothing of the collection now remains.

In retirement he displayed his accustomed public spirit by

introducing improved methods of farming, and mainly at his instance

a State Agricultural Society in South Carolina was formed, of which

he was the first president. By his practice at the bar he had

accumulated a large estate, which he dispensed with liberality and

hospitality.

When the end came he met it with the firmness of a soldier. His sun

of life went down in a cloudless sky. He passed away the 18th of

November, 1820, in his sixty-fifth year.

"The hero lies still, while the dew-drooping willows,

Like fond weeping mourners, lean over his grave.

The lightnings may flash and the loud cannon rattle,

He heeds not, he hears not, he's free from all pain;

He sleeps his last sleep, he has fought his last battle,

No sound can awake him to glory again!"

He was buried at Waxhaw Church, Lancaster county, South Carolina,

just across the Catawba river from his Tivoli plantation. The

following modest and truthful inscription in his tomb is said to be

from the pen of his friend, Governor Gaston, of South Carolina:

IN THIS GRAVE ARE DEPOSITED THE REMAINS OF

WILLIAM R. DAVIE,

THE SOLDIER, JURIST, STATESMAN, AND PATRIOT.

IN THE GLORIOUS WAR FOR

AMERICAN INDEPENDENCE

HE FOUGHT AMONG THE FOREMOST OF THE BRAVE.

AS AN ADVOCATE AT THE BAR,

HE WAS DILIGENT, SAGACIOUS, ZEALOUS,

INCORRUPTIBLY HONEST, OF COMMANDING ELOQUENCE.

IN THE LEGISLATIVE HALL

HE HAD NO SUPERIOR IN ENLARGED VISION

AND PROFOUND PLANS OF POLICY.

SINGLE IN HIS ENDS, VARIED IN HIS MEANS, INDEFATIGABLE

IN HIS EXERTIONS.

REPRESENTING HIS NATION IN AN IMPORTANT EMBASSY,

HE EVINCED HIS CHARACTERISTIC DEVOTION TO HER INTERESTS

AND MANIFESTED A PECULIAR FITNESS FOR DIPLOMACY.

POLISHED IN MANNERS, FIRM IN ACTION,

CANDID WITHOUT IMPRUDENCE, WISE ABOVE DECEIT.

A TRUE LOVER OF HIS COUNTRY,

ALWAYS PREFERRING THE PEOPLE'S GOOD TO THE PEOPLE'S FAVOR.

THOUGH HE DISDAINED TO FAWN FOR OFFICE,

HE FILLED MOST OF THE STATIONS TO WHICH AMBITION MIGHT ASPIRE,

AND DECLINING NO PUBLIC TRUST,

ENNOBLED WHATEVER HE ACCEPTED

BY TRUE DIGNITY AND TALENT,

WHICH HE BROUGHT INTO THE DISCHARGE OF ITS FUNCTIONS.

A GREAT MAN IN AN AGE OF GREAT MEN.

IN LIFE HE WAS ADMIRED AND BELOVED BY THE VIRTUOUS AND THE WISE,

IN DEATH HE HAS SILENCED CALUMNY AND CAUSED ENVY TO MOURN.

HE WAS BORN IN EDINBURGH,[1] 1756,

AND DIED IN SOUTH CAROLINA IN 1820.

[1] A mistake.

The foregoing is the main body and more strictly biographical

part of an address delivered by Judge Clark, July 4th, 1892, at

the celebration of the battle of Guilford Court House, on the

battle-field.

Davie's life has been written more at length by Prof. Fordyce M.

Hubbard and published in _Sparks' American Biography_; but I have

used Judge Clark's sketch, and have slightly abbreviated it to suit

the scope of my purpose.

I am reminded by Colonel Benehan Cameron, a member of the North

Carolina Publishing Society, that the lovers of fine horses will be

glad to have it noted here that General Davie was once the owner of

the celebrated "Sir Archie"--the sire of American thoroughbreds--the

Godolphin of the American turf. Like all great commanders, Davie was

a fine judge of a horse; he readily paid five thousand dollars for

"Sir Archie" as a colt, and only parted from him in deference to

his friends, who urged him that such a price was very extravagant.

Davie's judgment, however, was abundantly vindicated; for, many

years afterwards, the commissioner of the court found that the horse

had been worth to the estate of William Amis, his subsequent owner,

the round sum of eighty thousand dollars.

Some idea may be gathered of the interest of the turfmen in this

great horse--the great-grandsire of "Lexington"--from the fact that

they are still disputing about the places of his birth and death.

The truth of the matter is, says Colonel Cameron, who takes interest

in this controversy, he was born at Carter Hall, in Virginia, died

in North Carolina, and was buried on the "Mowfield" plantation of

Colonel Amis in Northampton county. The place of his burial is still

pointed out by old people, for human nature is loath to allow the

memory of great excellence to perish, even though exemplified in a

dumb beast. It is said that some years ago his bones were taken up

and carried to a museum in Philadelphia.

[Illustration: NATHANIEL MACON.]

NATHANIEL MACON.

BY THOMAS H. BENTON.

Lives of Distinguished North Carolinians, with Illustrations and Speeches · 第 5 / 53 段