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?