"On Thursday last the bill for carrying into effect the Ordinance of

the Convention held at Hillsborough in 1788 for holding the future

meetings of the General Assembly, etc., came before the House of

Commons, when the question was put, Shall this bill pass? The House

divided, and there appeared fifty-one for it and fifty-one against

it, whereupon the Speaker [Mr. Cabarrus] gave his own vote, and

pronounced the passage of the bill. It was then sent to the Senate,

when that House divided, and there appeared an equal number of votes

for and against the passage of the bill, whereupon the Speaker

[General Lenoir] gave the casting vote against its passage, and the

bill was rejected."

In 1791, however, the General Assembly met at New Bern, and in

compliance with the positive constitutional injunction, passed an

act to carry the ordinance of 1788 into effect. The act provides

that ten persons shall be appointed to lay off and locate the city

within ten miles of the plantation of Isaac Hunter, and five persons

"to cause to be built and erected a State-house sufficiently large

to accommodate with convenience both houses of the General Assembly,

at an expense not to exceed ten thousand pounds."

In the following year (1792) a majority of the commissioners,

to wit: Frederic Hargett, Willie Jones, Joseph McDowell, Thomas

Blount, William Johnson Dawson, and James Martin, met on the 4th of

April, and on the following day purchased of Colonel Joel Lane one

thousand acres of land, and laid off the plan of a city, containing

four hundred acres, arranged in five squares of four acres and

two hundred and seventy-six lots of one acre each: Caswell Square

(the site of the Institute for the Deaf and Dumb and the Blind),

the northwestern; Burke (the site of the Raleigh Academy) [now the

Governor's Mansion], the northeastern; Nash, the southwestern; Moore

the southeastern, and Union, on which the State-house stands, the

central square.

The names of the towns towards which the principal streets ran

gave them their designation, and the names of the commissioners

and other prominent citizens were applied to the others. New Bern,

Hillsborough, Halifax, and Fayetteville streets were ninety-nine,

and all the other streets sixty-six feet in width.

In December, 1794, the General Assembly met in the new State-house

for the first time.

In 1802 an act was passed requiring the Governor to reside at the

seat of government, and a plain two-story frame building, painted

white, and an office on the corner, were provided on lot No. 131.

This first gubernatorial mansion was subsequently the residence of

the late James Coman. The First National Bank of North Carolina now

occupies the site from which the first executive office and Mr.

Coman's brick store were successively removed.

In 1813 the General Assembly appointed Henry Potter, Henry Seawell,

William Hinton, Nathaniel Jones, Theophilus Hunter, and William

Peace, commissioners to erect on the public lands near the city of

Raleigh a convenient and commodious dwelling-house for the Governor,

at a cost not to exceed five thousand pounds, to be derived from the

sale of lots which they were authorized to lay off, and from the

sale of lot No. 131, referred to as the residence, at successive

periods, of Governors Turner, Alexander, Williams, Stone, Smith, and

Hawkins.

The site selected for the new gubernatorial residence, in common

parlance the "Palace," was near the terminus of Fayetteville street,

directly south of and fronting the capitol, and just beyond the

southern boundary of the city. The edifice was completed during

Governor Miller's administration, from 1813 to 1816, and he was the

first occupant.

In 1819, Duncan Cameron, John Winslow, Joseph Gales, William

Robards, and Henry Potter were authorized to sell all or any

part of the lands purchased of Joel Lane, with the exception

of the stone-quarry, in lots to suit purchasers. The Governor

was authorized, from the proceeds of the sale, to improve the

State-house under the direction of the State architect, and in

conformity with a plan which he had prepared and submitted to the

General Assembly.

The old State-house, which is believed to have been constructed from

the net proceeds of the sales of city lots in 1792, was described

by a writer of the time as a huge, misshapen pile. In form it was

substantially, so far as the body of the building was concerned,

though on a smaller scale, very similar to the present edifice.

It was divided by broad passages on the ground floor from north

to south and from east to west, intersecting in the center at

right angles. The offices of the Secretary, Public Treasurer and

Comptroller were on the lower floor. The Senate chamber and hall of

the House of Commons, with the offices appurtenant, above, as at

present. The executive office, as has been stated, was contiguous

to the palatial residence. The passages and halls of the first

State-house supplied all, and more than all, the accommodation to

the public contemplated by the founders of this less extensive,

but better furnished, and more finely finished edifice [referring

to Tucker Hall]. Here divine worship on the Sabbath, balls on

festive occasions, theatrical representations, sleight-of-hand

performances, and last but not least, fourth-of-July orations and

fourth-of-July dinners, all found their places, and their votaries

for a time. The construction of the dome, the erection of the east

and west porticoes, the additional elevation and covering of stucco

given to the dingy exterior walls, the improvement of the interior,

and especially the location of the statue of Washington, from the

chisel of Canova (a noble specimen of a noble art, commemorative of

the noblest of men), in the rotunda at the point of intersection

of the passages directly under the apex of the dome, converted the

renovated capitol into a sightly and most attractive edifice. There

were but few of the better class of travelers, who did not pause

on their passage through Raleigh, to behold and admire it. The

improvements were designed by, and executed under, the supervision

of Captain William Nichols, then recently appointed State architect,

and completed early in the summer of 1822. He was a skillful and

experienced artist, and made the public greatly his debtor for a

decided impulse given to architectural improvements throughout the

State, in private as well as in public edifices.

It was my lot on the 21st of June, 1831, to stand a helpless

spectator, when that noble edifice, adorned with the statue of the

father of his country, was a sheet of blinding, hissing flame, and

to hear, amidst the almost breathless silence of the stupified

multitude around it, the piteous exclamation of a child: "Poor

State-house, poor statue, I so sorry." There were thousands of

adults present as sorrowful and as powerless as that child.

It was my lot as Chief Magistrate of the Commonwealth, on the fourth

day of July, 1833, to lay the corner-stone of the present capitol,

supposed on its completion to be the most magnificent structure of

the kind in the Union.

It was my lot on the morning of the 13th of April, 1865, as the

friend and representative of Governor Vance, to find, on approaching

the southern front of the capitol, the doors and windows closed,

and a deeper, more dreadful silence shrouding the city than during

the sad catastrophe to which I have referred. I met at the south

front of the capitol, however, a negro servant, who waited on

the executive department, the only human being who had dared to

venture beyond his doors. He delivered me the keys, and assisted

me in opening the doors and windows of the executive office, and I

took my station at the entrance, with a safe-conduct from General

Sherman in my hand, prepared to surrender the capitol at the demand

of his approaching forces. At that moment a band of marauders,

stragglers from Wheeler's retiring cavalry, dismounted at the head

of Fayetteville street, and began to sack the stores directly

contiguous to and south of Dr. Haywood's residence. I apprised them

immediately that Sherman's army was just at hand; that any show of

resistance might result in the destruction of the city, and urged

them to follow their retreating comrades. A citizen, the first I saw

beyond his threshold that morning, came up at the moment and united

his remonstrances to mine, but all in vain, until I perceived,

and announced, that the head of Kilpatrick's column was in sight.

In a moment every member of the band, with the exception of their

chivalric leader, was in the saddle, and his horse spurred to his

utmost speed. He drew his bridle-rein, halted in the center of the

street, and discharged his revolver until his stock of ammunition

was expended in the direction, but not in carrying distance of his

foe, when he too fled, but attempted to run the gauntlet in vain.

His life was the forfeit at a very brief interval.

The remains of this bold man rest in the cemetery, covered with

garlands and bewept by beautiful maidens, little aware how nearly

the city may have been on the verge of devastation, and how narrowly

the fairest of their number may have escaped insult and death

from this rash act of lawless warfare. The bones of the old North

Carolinian, the founder of the city thus imperiled, moulder in the

midst of other unrecorded dead, beneath the shade of a mulberry on

his ancient domain, about as far west as those of the young Texan

east of the capitol.

About three o'clock in the afternoon, in company with Governor

Graham, who had risked life and reputation in behalf of this

community to an extent of which those who derived the advantage are

little aware, I delivered the keys of the State-house to General

Sherman, at the gubernatorial mansion, then his headquarters,

and received his assurance that the capitol and city should be

protected, and the rights of private property duly regarded.

May I be pardoned in connection with this narrative, for a brief

reference to an incident in my personal history, illustrative of

the character of one of the purest, as well as the wisest, men I

have ever known. At our first interview after I was elected Superior

Court Judge in 1831, Mr. Gaston, who was then at the bar, and who,

from our earliest acquaintance, had treated me with the kindness

of a father, after cordial congratulations on my elevation to the

bench, took occasion to advise me most earnestly never to permit

myself, except under an overpowering sense of public duty, to be

seduced into a return to political life. He said he was growing old,

and endeavored, as much as possible, to withdraw attention from

the threatening aspect of public affairs, but there were sleepless

hours, when he could not avoid reflection on the utter heartlessness

of party politicians, and the difficulty of preserving a conscience

void of offense, when mingling in political controversies--that he

had always endeavored to place country above party, and that yet,

on a calm review of his whole course of life, too many instances

presented themselves, when he convicted himself of having been

influenced to an extent of which he had no suspicion at the moment,

by other than purely patriotic considerations. In addition to all

this, it had been his fate on repeated occasions to be most loudly

applauded for what, in his own conscience, he regarded as least

praiseworthy, and to be bitterly reviled for what he considered to

have been the purest and most discreet acts of his public life.

In 1812, and along about that time, the only newspapers in Raleigh

were _The Raleigh Register_ and _The Star_, both published weekly.

_The Minerva_ had been discontinued.

From 1792 until the publication of _The Raleigh Register_, in

the autumn of 1799, _The North Carolina Journal_ was the great

advertising medium for the portion of the State north and west of

Halifax.

Conspicuous among the merchant princes of that day were the

brothers, Joseph and William Peace. They occupied a one-story frame

building, perhaps 20x24, nearly opposite to W. C. and R. Tucker. The

junior partner informed me many years ago that he had ordinarily

purchased goods twice a year, always for cash, and always at ten

per cent. discount, and that the advantage thus obtained over those

who bought upon credit was the nucleus of the large estate he had

realized. He was kind enough in October, 1822, as soon as I was

able to travel, after recovering from severe illness, to drive me

from Raleigh to the hospitable mansion of the late General Calvin

Jones, the present site of Wake Forest College. On the way he

related various incidents in his personal history, which interested

me. Referring to the success of an eminent lawyer and statesman,

as estimable in private as distinguished in public life, he stated

that that gentleman, who was licensed to practice law during his

minority, applied to him shortly thereafter for a suit of clothes

upon credit; that he had always made it a rule to meet such requests

with such prompt compliance as to impress the applicant with a

grateful sense of the confidence reposed, or, with so blank a denial

as to shield him from future annoyance. In this instance he admitted

that he hesitated. The appearance and manner of the applicant

impressed him most favorably, but he was very young as well as very

needy, and the Captain had learned from previous experience that the

young lawyer's prospects were a contingent remainder, which required

a particular estate of freehold to support them. It afforded him

great gratification to remember that his kind impulses prevailed,

and that he cut off the goods with great seeming cheerfulness.

I had no suspicion until three months afterwards that the story

could point a moral in relation to myself. At the close of a casual

interview, after the recovery of my health, he said: "Mr. Swain,

perhaps it is convenient for you to pay for that suit of clothes

now." "What suit, Captain?" "The suit you purchased some time

since." I replied, "I never bought anything of you in my life but

one bandanna handkerchief, and I paid for that when I got it." He

turned to his book and showed me an account for a full suit of

black, dated September 10. "On that day, Captain, I was sick in

bed, and my life despaired of by my physicians." "Oh! I remember

it was F---- got the clothes." He was sent for, and in reply to my

inquiry whether he ever got a suit of clothes for me, replied he

did. "Had you any order from me to do so?" "No, sir; but you were

expected to die every hour, I knew you had no burial suit, and

thought it my duty, as your tailor, to provide one." "Where are the

clothes?" "When I found you were getting well I sold them." "What

right had you to consider yourself my tailor?" "I made a pair of

pantaloons for you last spring." At the close of the dialogue the

Captain remarked: "I claim nothing from you, Mr. Swain." The tailor

left the store under the decided impression that his best interests

would be served by a prompt settlement of the account. Had I died,

a punctual but not opulent father, would have paid the bill upon

presentation without inquiry.

The late William Boylan, the first editor of _The Raleigh Minerva_,

and the immediate successor of Colonel Polk as President of the

State Bank, was a gentleman sedate and grave in manner to a

degree that to a stranger might have been taken for austerity.

Traveling from Raleigh to Pittsborough about 1800, he and Mr.

Peace, on reaching the election ground at Brassfields, found a

multitude assembled engaged in dancing and other rural sports, in

the free-and-easy manner characteristic of the time and place.

Mr. Peace was comparatively at home. Mr. Boylan stood aloof until

a rowdy approached and invited him to enter the ring with the

dancers. On his declining, a dozen came forward, prepared to coerce

the submission of the proud aristocrat. In an instant Mr. Peace,

with great solemnity, beckoned the leader of the band aside, and

whispered: "My friend, be careful how you act. Bless your life,

that is Mr. Boylan, the man who made the almanac, and can foretell

eclipses and thunder-storms." The reference to the almanac-maker

secured at once the most deferential respect for the distinguished

visitor.

The late William Glendennin (one of the old merchants) resided and

did business during many years in the house nearly opposite the

old State Bank, the recent residence of Colonel William J. Clarke.

He built a meeting-house at his own expense at a very early period

in the history of the city, and during a series of years previous

to the erection of any other church, ministered in his peculiar

manner at his own altar, without earthly fee or reward, to all who

chose to hear him. His deserted tabernacle was pointed out to me,

when I first knew Raleigh, standing a little south of the corner, at

the intersection of Morgan with Blount street. I remember to have

seen, in my early boyhood, his autobiography, recounting numerous

conflicts, spiritual and physical, with the arch-enemy of the human

race. His little volume is probably out of print. It would be a rare

curiosity, at the present time, in many respects. Notwithstanding

these vagaries, he was shrewd and systematic in business, and in due

time accumulated a handsome fortune for that day. His eccentricities

increased, however, to such an extent that a guardianship became

necessary, and Mr. Boylan was selected as the person possessing the

requisite nerve and tact to control and manage him.

As soon as Glendennin was apprised of the arrangement his

confidential clerk, the late Robert Harrison, was dispatched

to invite Mr. Boylan to his house. When he entered, Glendennin

requested him to take a book from the mantelpiece, which proved to

be the Bible, and it disclosed, at opening, a fifty-dollar bill.

"The foul fiend was here last night and told me that he had come for

the soul of old ----. I obtained a year's respite for fifty dollars,

and the fiend is to take the money from that book at midnight."

Glancing his eye inquiringly at Mr. Boylan, "I understand that you

are my guardian, and I wish to know how I am to act, and what I am

to do?" Mr. Boylan intimated that as little change as possible would

be made in the management of his affairs. "Mr. Harrison will keep

the keys, sell goods, and collect debts, as heretofore." "Am I to be

master of my own house?" "Certainly." "May I invite any one I choose

into my house?" "Oh, yes; just as heretofore." "May I order a man

out, when I don't want him here?" No sooner had Mr. Boylan given

an intimation in the affirmative than Glendennin, with a frenzied

glare, stamping his foot, and clenching his fist, cried out: "Then,

sir, get out of my house; get out of my house, this instant!"

The poor old gentleman died in the summer of 1816, leaving a very

pretty property for two nieces in Scotland.

The recent abstraction of records from the executive and other

public offices, by persons acting under the authority of the Federal

Government, renders it impossible to give as minute an account of

an interesting event as I would like to present. As I must relate

the circumstances entirely from memory, after the lapse of more than

thirty years from the time the records were at my command, allowance

must be made for a want of precision, especially as to dates.

During Governor Ashe's administration, embracing the years 1796,

1797, and 1798, it was ascertained that numerous frauds had been

perpetrated in the office of the Secretary of State and the offices

of John and Martin Armstrong, in the entry and survey of western

lands, and active exertions were made to discover and arrest the

offenders in this State and Tennessee. It was, I think, in 1797,

that a confidential messenger was sent by Judges Tatum and McNairy

from Nashville to the Governor to warn him of a conspiracy to burn

the State-house, in order to destroy the records, the production

of which upon the trial was indispensable to the conviction of the

offenders. A guard was armed and stationed around the capitol for

the next two months. The communication from Nashville requested the

Governor, immediately on its receipt, to erase from the despatch

the name of the messenger who bore it, as any discovery of his

connection with it would lead to assassination. This was done

so carefully as to elude every effort on my part to restore and

ascertain it, thirty years ago, and I have not at the present moment

the slightest suspicion of the agent who overheard the plot of the

conspirators in Knoxville and was sent from Nashville to Raleigh on

this secret and dangerous mission.

The earliest letter I ever saw from General Jackson was in relation

to this affair. With his instinctive hatred of fraud, he tendered

his service to the Governor in any effort that might be necessary to

arrest the offenders who were supposed to have sought refuge in the

then Spanish domains in the direction of Mobile. This letter was on

file in the executive office in 1835.

In 1797, according to my remembrance, on the night when the ball

was given at Casso's hotel to the bridal party, very shortly after

the second marriage of the Public Treasurer, the festivities were

interrupted by the hasty entrance of a servant, with the information

that some one was forcing an entrance into the window of the office,

where the trunk containing the records in question was deposited. He

was caught, was ascertained to be the slave of one of the persons

charged with fraud, was convicted of burglary, and executed.

In 1799 the General Assembly passed the act directing the Judges of

the Superior Courts to meet together to settle questions of law and

equity arising upon their circuits, and to provide for the trial of

all persons concerned in the commission of frauds in the several

land offices. This act was carefully and skillfully drawn, consisted

of fifteen sections, and, voluminous as it was, contained more

than met the eye of the ordinary observer: the germ of the present

Supreme Court, notwithstanding the proviso in the closing section,

"that this act shall continue in force from its commencement only

for two years, and from thence to the end of the next succeeding

General Assembly" was contained in that act.

Under the provisions of this act Colonel James Glasgow, the

Secretary of State, was indicted for a misdemeanor in the

fraudulent issue of land-warrants. The four judges of the Superior

Courts were John Haywood, Spruce Macay, John Louis Taylor, Samuel

Johnston. Blake Baker was Attorney-General, and Edward Jones,

Solicitor-General. The latter seems to have been mainly relied on to

conduct the prosecution.

The commission under which the court was held was drawn by Judge

Haywood. While on his way to Raleigh to meet his brother judges he

accepted a fee of one thousand dollars, resigned his seat upon the

bench, and undertook the defense of Glasgow.

There has rarely convened from that day to this, even after the

resignation of Haywood, an abler tribunal, on any occasion, or for

any purpose, than that which tried and convicted the distinguished

culprit. In relation to the advocate the late Judge Hall remarks

in a judicial opinion delivered in 1828: "I shall not treat with

disrespect the memory of the dead nor the pretensions of the living,

when I say that a greater criminal lawyer than Judge Haywood never

sat upon the bench in North Carolina." The General Assembly in

anticipation of the judgment of the court, in 1799, changed the name

of the county of Glasgow, erected in 1791, to the county of Greene.

Duncan Cameron, at the early age of twenty-three, was the clerk,

and immediately after the close of the trial reported and published

the decisions of the court in an octavo of one hundred and eight

pages. As I have the only copy I have ever seen of this brochure,

the earliest, with the exception of _Martin_ and _1 Haywood_, in

the entire series of North Carolina Reports, I give for the benefit

of legal antiquarians an exact copy of the title-page: "Reports of

cases determined by the Judges of the Superior Courts of law and

Court of Equity of the State of North Carolina, at their meeting on

10th of June, A. D. 1800, held pursuant to an act of the General

Assembly for settling questions of law and equity arising on the

circuit, by Duncan Cameron, attorney at law, Raleigh. From the press

of Hodge & Boylan, printers to the State, 1800."

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