His practice as a lawyer was a very lucrative one to have been

acquired at so early an age. As an evidence of the esteem in

which his abilities and learning were held, he was, at the age of

twenty-seven, when he had been a lawyer but four years, retained

as counsel for the State of North Carolina, with George E. Badger,

in a most complicated mass of litigation, involving the title to

more land than was ever sued for under one title in our State

(except, perhaps, that instituted by the heirs of Lord Granville in

1804). Several hundred thousand acres of land had been granted to

William Cathcart, Huldeman, and Elseman, citizens of Pennsylvania,

lying in the counties of Burke, Buncombe, Haywood, and Macon.

Subsequently, these same lands, in great part, were sold in smaller

lots to settler citizens by the State, under the belief that when

patented originally by Cathcart and others they were not subject

to entry, for the reason that they were within the boundaries

which had been reserved to the Indians by various treaties. One

hundred suits in ejectment were brought against these settlers in

the Circuit Court of the United States by the heirs of Cathcart.

All these actions were dependent on similar facts, and each one

involved the validity, accuracy, and definite character of various

surveys made at sundry different times during a period of nearly

half a century previous thereto, under treaties between the State

and the Cherokee Indians, and between the United States and the

same Indian tribe. The State resolved to defend the titles it had

given to its citizens, and employed Badger and Swain to contend

with Mr. Gaston, who was for the plaintiffs--a very high compliment

to both of them. Here was a field wherein Governor Swain had no

superior, and where his peculiar talents came specially into play.

A complicated maze of long-forgotten facts was to be resurrected

from buried documents, dimly traced surveyors' lines and corners

through hundreds of miles of tangled mountain forests were to be

established, partly by the evidence of old grey-haired woodmen

and partly by the fading outlines of the rude maps and indistinct

field-notes of the surveyors of that day; and old treaties and

musty statutes were to be brought out of the dust and made to speak

in behalf of the rights of our people. In such a work his soul

delighted, and to his faithful labors and indefatigable energy must

the final success of the State be mainly attributed. For though he

was put on the bench, and from the bench was made Governor before

the test case was tried in 1832, and the victory won, he never

ceased his labors in this behalf, and his official letter-book of

that period is filled with evidences of his zeal and research. Judge

Badger, who was as generous as he was great, and who followed the

case up to the Supreme Court of the United States, where he was

assisted by Mr. Webster, frankly acknowledged that the cause was won

mainly by the careful preparation of Swain. Another circumstance

connected with this litigation, worth the mention in these days is,

that notwithstanding the vast amount of valuable work he had done

already, yet because the cases were not concluded when he was made a

judge, Governor Swain voluntarily returned half of his retainer into

the treasury. All of which goes to show that in selecting him out of

so many able and older lawyers to assist Mr. Badger, the State had

chosen wisely indeed.

There were giants in those days, and the giants were honest!

During his service in the Legislature no great or exciting

issues were before the people, and his career there displays no

extraordinary effort in any direction. He soon acquired, however,

a high reputation for learning and industry in dealing with the

practical questions of the day, among which then was the very vexed

one of the ratio of representation in the Legislature between the

East, where were many slaves, and the West, where there were few.

This finally forced the calling of the Convention in 1835. It

was, however, an era of great political importance, viewed in the

light of subsequent events. The great political parties--Whig and

Democratic--which have shaped the destinies of these United States

for full half a century, were then crystallizing from the confused

and crude opinions of our early American politics. All thinking men

began about this period to range themselves with one or the other

of the schools which undertook to construe the Constitution of the

United States, to ascertain its meaning and its powers, and to

define its relations with the States. A gigantic, and, as it would

seem, an endless task indeed. Swain sided with Adams, Clay, and

Webster, whose followers began to be called Whigs. Of the prominent

men of that day, who agreed with him, or with whom he agreed, were

Gaston, Morehead, Badger, Mangum, Cherry, Graham, Stanly, Moore,

Miller, Outlaw, and Rayner. Of those who adhered to the school of

Jefferson and Calhoun, were the venerable Macon, Ruffin, Haywood,

Saunders, Branch, Edwards, Seawell, Shepherd, Donnell, Fisher,

Craige, and Venable. It is not practicable to enumerate all the

mighty men of that day who controlled our affairs and gave tone and

character to our society. No State in the Union had a larger list of

very able citizens, and we can pay no higher compliment to Governor

Swain than to say that he rose up among such, and was the peer of

them all.

As before stated, he rode but four circuits as judge. From all his

decisions during that time there came up but eighteen appeals. Of

these, thirteen were sustained by the Supreme Court, consisting of

Ruffin, Henderson, and Hall, and in one other he was sustained by

the dissenting opinion of Chief Justice Ruffin, leaving but four in

which he was unanimously overruled. This, says Mr. Moore, who is now

our highest living authority in matters relating to the law, is an

evidence of judicial ability more satisfactory than could elsewhere

have been furnished among our judges, and no higher compliment

could have been paid him. Mr. Moore also informs me that Swain was

very popular as a judge, even in those days when the only road to

popularity in that office was the honest and able discharge of its

exalted duties. In the contest for judge, when he was elected over

Seawell, he first acquired a nickname which stuck to him till after

he retired from politics. Repeated attempts with various candidates

had been made to defeat Seawell, who was obnoxious to the party to

which Swain belonged, but all these efforts had failed until Swain's

name was brought forward. "Then," said an enthusiastic member from

Iredell, "we took up old '_warping bars_' from Buncombe, and warped

him out." After the Governor became President of the University he

lost this humorous and not ill-fitting _sobriquet_, and acquired

from the college wits the geographical _descriptio personae_, "Old

Bunk," which adhered to him through life.

The official letter-book of Governor Swain during his administration

shows that his time and labors were principally devoted to the

questions of constitutional reform; the coast defenses of North

Carolina; the claims of the State against the general government;

the removal and settlement of the Cherokee Indians, the adjustment

of land titles in the West, and other matters of domestic concern.

During this time, however, many letters of literary and historic

importance were written by him. There is found on those pages

a letter written by Mr. John C. Hamilton, of New York, son of

Alexander Hamilton, propounding eleven inquiries relating to the

history of North Carolina; more particularly with regard to the

system of her colonial and early State taxation; and the reasons

of the action of her convention in regard to the adoption of the

Federal Constitution, and kindred topics. Governor Swain's replies

to these queries show a wonderful amount of information and research

into the minuter sources of our early history, clearly indicating

that he was possessed in a high degree of those peculiar talents

which constitute the true historian. Most of his literary labor

throughout his life was in this department, and his collections were

especially rich in the early history of North Carolina. Who is there

left now in our State able to use the material for its history which

he had been accumulating through so many years? To this great work

he had intended to devote the closing years of his life. What stores

of information perished with him! He was the special vindicator of

that much-abused and much-misunderstood class of men, the Regulators

of our colonial times. No man in the State has done so much to clear

their fame--few have been so competent. The papers contributed by

him to the _University Magazine_ on the subject would form a volume,

if collected, and their great value is indicated by the numerous

inquiries instituted for them by men in various States of the Union.

His lecture before the Historical Society in 1852 may be said to

have settled the question of the merits of the Regulators and their

service to liberty.

As Governor of the State, in 1833, he laid the cornerstone of the

present capitol amid imposing ceremonies; a building designed with

perhaps as pure and simple taste as any in America, and as solid and

enduring as any in the world.

On the 12th of January, 1826, he was married to Miss Eleanor

H. White, daughter of William White, Secretary of State, and

granddaughter of Governor Caswell, a union productive of great

domestic happiness to a man so fitted as he, by nature and by a life

of unsullied purity, to appreciate the ties of home and the love

of wife and children. By this lady there were born to him several

children, of whom but three, two daughters and a son, ever reached

maturity. His oldest son, David, who died in childhood, was a boy of

great promise. His eldest child and daughter, Anne, died unmarried

in 1867. The second daughter, and now only surviving child, Eleanor

Hope, married General S. D. Atkins, of Freeport, Illinois, where

she now resides. The son, Richard Caswell, was killed a few years

since, near his home in Illinois, being crushed to death by falling

between two railroad cars while in motion. There is now no male

representative of the name surviving.

From the time that Governor Swain entered upon his duties as

President of the University his career is marked by few notable

events of which his biographer can make mention. Although the

work he did here was undoubtedly the great work of his life, it

is impossible for us to compute it. As with the silent forces

of nature, which we know to be the greatest that are exerted in

this world, but which yet elude the grasp of our senses, so is it

impossible for us to measure the power of the able and faithful

teacher. The connections between moral cause and effect are much

more difficult to trace than those between physical cause and

effect, but although in either case the lines are dim the wise

do not fail to see that they are there, and that the results are

powerful. It is conceded that the imperceptible and benign force

of light and heat which lifts the mighty oak out of the earth, and

spreads its branches to the skies, is infinitely greater than that

of the noisy whirlwind which prostrates it in the dust.

Says Mr. Herbert Spencer: "In every series of dependent changes a

small initial difference often works a marked difference in the

results. The mode in which a particular breaker bursts on the beach

may determine whether the seed of some foreign plant which it bears

is or is not stranded, may cause the presence or absence of this

plant from the flora of the land, and may so affect for millions

of years, in countless ways, the living creatures throughout the

earth. The whole tenor of a life may be changed by a single word of

advice, or a glance may determine an action which alters thoughts,

feelings, and deeds throughout a long series of years."

We know that the moral tone of a community is the mainspring of its

glory or its shame; that that tone is to a great extent imparted by

its educated men; we know, too, that no man has ever lived in North

Carolina whose opportunities for thus influencing those who control

her destinies have been greater than Governor Swain's were; and I am

quite sure that no man ever more diligently and earnestly improved

those opportunities. There is this, too, further and better to be

said, that in the whole course of his contact with the young men of

North Carolina and of the South at the University for a third of a

century, the whole weight of every particle of influence which he

possessed was exerted in behalf of good morals, good government,

patriotism, and religion. The sparks of good which he elicited,

the trains of generous ambition which he set on fire, the number

of young lives which his teachings have directed into the paths of

virtue and knowledge, and colored with the hues of heaven--who but

God shall tell? If we could see events and analyze destinies as only

the Most High can, how wondrous would appear the harvest of David

L. Swain's sowing! How many great thoughts worked out in the still

watches of the night; how many noble orations in the forum, stirring

the hearts of men; how many eloquent and momentous discourses in

the pulpit; how many bold strokes of patriotic statesmanship; how

many daring deeds and sublime deaths on bloody fields of battle;

how many good and generous and honest things done in secret; how

many evil things and sore temptations resisted; in short, how

much of that which constitutes the public and private virtue of

our people, the prosperity, the honor, and the glory of our State

might not be traced to the initial inspiration of David L. Swain!

Say what you will for the mighty things done by the mighty ones of

earth, but here is the truest honor and renown. For whether there be

prophecies, they shall fail; whether there be tongues, they shall

cease; whether there be knowledge, it shall vanish away; but he

that helps to shape an immortal soul, and fit it for the service of

heaven and humanity, verily his memory shall endure until that which

is perfect is come!

How well do I remember the many occasions during my sojourn at the

University, when he as my preceptor, esteeming such influences of

greater importance to the class than the texts of the lessons,

would for the time give his whole soul to the stirring up of these

generous and emulous sentiments in the hearts of his pupils. The

very first recitation in which I ever appeared before him was one

such. I shall never forget it. In 1851 I entered the University,

and joined the senior class as an irregular. The first lesson was

in constitutional law. A single general question was asked and

answered as to the subject in hand, and then he began to discourse

of Chancellor Kent, whose treatise we were studying; from Kent he

went to Story, from Story to Marshall, repeating anecdotes of the

great Americans who had framed and interpreted our organic law, and

touching upon the debate between Hayne and Webster. From these, he

went back and back to the men and the times when the great seminal

principles of Anglo-Saxon liberty were eliminated from feudal chaos,

and placed one by one as stones, polished by the genius of the

wise, and cemented by the blood of the brave, in the walls of the

temple of human freedom. He told us of the eloquence of Burke, of

the genius of Chatham; he took us into the prison of Eliot and went

with us to the death-bed of Hampden; into the closet with Coke and

Sergeant Maynard; and to the forum, where Somers spoke; to the deck

of the _Brill_, where William, the deliverer, stood as he gazed

upon the shores of England; to the scaffolds of Sidney and of our

own glorious Raleigh. Warming as he went with the glowing theme,

walking up and down the recitation-room, which was then the library

of the "old South," with long and awkward strides, heaving those

heavy passionate sighs, which were always with him the witnesses of

deep emotion, he would now and then stop, take down from its shelf

a volume of some old poet, and read with trembling voice some grand

and glowing words addressed to man's truest ambition, that thrilled

our souls like a song of the chief musician. A profound silence was

evidence of the deep attention of the class, and the hour passed

almost before we knew it had begun.

I afterwards learned that this lecture was intended for my benefit,

as I was a stranger to the class and had entered it under some

disadvantages, and in his kindness of heart he supposed I needed

some encouragement. But such were frequently given us. Nor were

these digressions from the chief business of the hour always of a

serious nature. The gayest wit and brightest humor often illumined

the moments when, not content with putting forth his own conceits,

he exerted himself to draw forth those of the class, and if he

succeeded sometimes in bringing forth a repartee that struck _pat_

upon his own head, no one enjoyed it more than himself. Like a true

humorist and story-teller, he enjoyed the taking as well as the

giving with the utmost good fellowship.

From the day that Governor Swain became the chief officer of the

University his life was literally devoted to its interests. The same

traits of character which had hitherto secured his success in life

were especially needed here. His prudence, his cautious far-reaching

policy, his constructive ability, his insight into character, and

remarkable faculty for suggesting valuable work to others and

setting them at it, his forbearance, charity, self-control--these

were all brought into play with marked results. The reputation

of the institution, and the number of its students steadily and

continually increased. In 1835 there were not over ninety in

attendance. In 1860 there were nearly five hundred.

Governor Swain was eminently a progressive man. He loved to

suggest, and to see his suggestions taken up and carried out.

What a number of improvements the record of his management shows

that he inaugurated at the University! The excellent system of

street-draining in the village of Chapel Hill, by stone culverts,

the planting of elms, the enclosing of the college grounds, and

their improvement and ornamentation with shrubbery--all these were

planned by him, and executed under Dr. Mitchell's superintendence.

He first employed a college gardener. He was the founder of the

State Historical Society. He established, and assisted largely

to support, the _University Magazine_, and was himself one of its

most regular and valued contributors. He was one of the foremost

friends of the North Carolina Central Railroad, and offered to be

one of a number to take the whole stock at once. He first introduced

the study of the Bible into college, and of constitutional and

international law. He was always deeply interested in the prosperity

of the village of Chapel Hill, believing, and justly, that its

welfare was identical with that of the college. Circumstances since

his death have amply proved the truth of this. He had ever a kind

word, and a charitable estimate for every man, woman, and child in

the place.

Thirty-three years of his best days and the sincerest labors of his

existence were spent at our University in the training of young men.

As yet no monument has been erected in its grounds to commemorate

his virtues and his labors. The valley of humiliation--nay, of the

shadow of death--through which our beloved institution has passed,

in which she was despoiled of everything but her glorious memories,

and, I trust, her gratitude, is the apology which can be offered

for this seeming, but not real, neglect. A simple tablet to his

memory might well be inserted in any of its walls, and fitly written

thereon might be the words found in the epitaph of Sir Christopher

Wren in the crypt of St. Paul's:

_Lector, si monumentum requiris,

Circumspice!_

In very truth the University may be looked upon as his monument. It

emerged from swaddling clothes under President Caldwell; it passed

through a vigorous youth into a splendid manhood under President

Swain. But whilst the stranger stands upon the earth and beholds the

monument of the great architect in the magnificent pile whose tall

fane overtops the loftiest domes and spires of the greatest city in

the world, he who would fully comprehend the great work of David

Swain's life would have to stand upon the battlements of heaven and

survey the moral world with an angel's ken.

I know of no man of his day, surrounded by so many inducements to

return to the paths leading to highest distinction in active public

life, who so completely put them all away, and adhered so strictly

to his accepted work. As we have seen, his career as a politician

and a lawyer had been remarkably successful while he was yet at a

very early age, and if he had desired further honors he had all

the qualities which are supposed to fit men for the attainment of

these objects. Had he been possessed of a passion to accumulate

wealth, almost any other course in life would have fed this desire

more than the presidency of the University. From all these fields

of distinction and of wealth, the public sentiment of his time

desired that the officers, and especially the chief officers, of

the University should be isolated. This expectation Governor Swain

filled, and more than filled. For the good of the institution, he

not only laid aside whatever of ambition he may have had in the

directions usually chosen by able men, but he subordinated many

cherished convictions, and refrained from doing many things which

he, no doubt, most ardently desired to do. In the nature of things,

this course, so essential to the success of an institution entirely

dependent on popular favor, begot many misconceptions of his

character. It has been said that he was undecided in his opinions,

and timid in the expression and maintenance of them. I believe

such an impression does his memory great injustice. His nature was

essentially gentle, his manners mild, his temper was cautious; but

I cannot believe that he was either timid or undecided. I had the

honor--and I consider it both an honor and a happy fortune--to be on

terms of confidential intimacy with him from my first entrance into

the University until his death. We were in the utmost accord on all

questions pertaining to church and state, and during my subsequent

career, especially in those troublous years of war, I consulted him

more frequently perhaps than any other man in the State, except

Governor Graham. So affectionately was his interest in my welfare

always manifested that, many people supposed we were relatives, and

I have frequently been asked if such were not the fact.

This state of our relations gave me ample opportunity to know

him well, and I believe I can say with entire truth that whilst

his course of life and surroundings necessarily made him tolerant

and even liberal towards those who disagreed with him, he was

as positive in his opinions, religious and political, and as

firm in his adherence to them, as any man of my acquaintance.

The unpopularity of which he was afraid, and which produced that

cautious habit which some men mistook for timidity, pertained to the

institution which he had in charge, and not to himself. And as the

State reaped the benefit of his prudence in the increased prosperity

of the University, the injustice of charging this to a defect of

character becomes all the more apparent.

The remarkable character of his memory served him in good stead in

many ways through life. As a lawyer it had been invaluable, not only

enabling him to cite cases with great readiness to the court, but

in trials before juries, without taking notes, he could repeat the

testimony of all the witnesses examined, no matter how many, nor how

long the trial continued.

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