CHAPTER XXVIII.

ADOPTION OF A STATE CONSTITUTION.

A. D. 1776.

After the public avowal by the people of North Carolina, through

their newly organized Congress at Halifax, in April, 1776, of a

fixed purpose to secure, by force of arms, absolute independence

from the mother country, and of her desire to enter into foreign

alliances to accomplish that end, there was no reason for any

longer delay in establishing a permanent form of government for

the colony. Hitherto, pride of consistency in form at least, to

say nothing of a considerate regard for tender consciences, if

not for weak nerves, might well have held them back. After the

action of the Congress on the 12th of April, however, it was

manifest that the day of provisional government was nigh its

close, and that the people of North Carolina must abide the

arbitrament of war to which they had appealed, whether in future

they should be free, self-governing citizens or dependent

subjects of a foreign government. The half-way ground and the

time for temporary expedients were both left behind in North

Carolina on the 12th of April, 1776. There was great division,

however, among the wisest and best men in the province as to the

true nature of the new system of government which had thus become

necessary.

2. Samuel Johnston was a wise and patriotic leader. He was a man

of wealth and experience in public affairs, and was devoted to

his country, but he thought that new experiments in government

were dangerous, and withal was long very much averse to a final

separation from Great Britain. He wished to keep up the old

system of rule as far as possible; among other reasons, because

he doubted the ability of the people to govern themselves. These

views were also held by General Allen Jones, of Northampton, and

other prominent men.

3. On the other hand, Willie Jones, of Halifax, brother of

General Allen Jones, was the leader of a majority of the

legislators and the people. He held as the fundamental article

of his political creed that the American people were capable of

governing themselves, and that all political power belonged to

and proceeded from them. Like Jefferson, of Virginia, he

advocated religious freedom, separation of Church and State,

liberty of the press and choice of rulers by the masses at the

ballot-box.

4. Between these two champions of opposing theories stood Richard

Caswell, a man of excellent discretion and great practical common

sense, who, happily tempering the fierce democracy of Jones with

the more cautious conservatism of Johnston, possessed, in a rare

degree, the confidence of the people of North Carolina of every

faction. A Marylander by birth, he came to North Carolina when

quite a youth, without fortune or friends, and won his unbounded

popularity by long years of unselfish, unstinted devotion to her

service.

5. Men of strong convictions, especially when accustomed to shape

public sentiment, do not readily yield to opposing views, and it

was a happy thing for North Carolina that she possessed such a

man as Caswell, whose commanding influence enabled him to control

and finally to compose the fierce differences that prevailed in

regard to the character of the proposed new government. At his

suggestion, the matter was postponed until the winter, when a new

Congress would be in session, fresh from the people and in full

possession of their views in the premises; and in this way the

question at issue as to the character of the new government was

remitted directly to the decision of the people,.

6. By formal resolution, adopted on the 9th of August, 1776, the

Council of Safety called the attention of the people to the fact

that the next Congress would frame a constitution for the State,

and urged, for that reason, that the greatest care be taken in

the selection of delegates at the ensuing election.

7. The election was held on the 15th day of October, and the

Congress met at Halifax on the 12th day of November, and, on

motion of Allen Jones, made Richard Caswell its President.

Samuel Johnston, after a hot contest, had failed to be elected,

and was consequently not a member. He was in Halifax, however,

during the sitting of the Congress, and doubtless exercised but

little less influence than he would have done had he been a

delegate.

8. On the 17th of December, that most admirable enunciation of

human rights, the bill of rights so-called, was adopted, and the

next day the constitution was adopted.

9. The new constitution went into operation at once, with Caswell

as the first Governor, and the great work of supplying the State

with judges, sheriffs, magistrates and other officers began. For

several years there had been no courts to administer justice,

either civil or criminal, except military tribunals and the

various committees of safety. Fortunately, while Governor

Caswell, aided by the legislative authorities, was putting in

motion the untried machinery of a new government, and evoking

civil order from military disorder, our British foes were far

away to the northward. At last North Carolinians lived under a

government of their own making, administered by officers of their

own choosing.

QUESTIONS.

1. What was seen to be the next necessary step after the action

of the Halifax Congress? Can you tell what difficulties had

previously existed?

2. What views were held by Governor Johnston?

3. What did Willie Jones consider necessary for the people? What

was advocated by him?

4. How did Caswell consider these things?

5. What good influence was exerted by his opinion?

6. What did the Council of Safety do?

7. When did the Congress meet? Who was chosen to preside? What

was done on December 17th?

8. Who was the first Governor of North Carolina under the

constitution? Describe the condition of affairs?

School History of North Carolina : from 1584 to the present time · 第 28 / 75 章