The Convention 
 of 1835 
 
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The Convention 
 
 of 
 
 1835 
 
 By 
 HENRY GROVES CONNOR 
 
 One of the Associate Justices of the Supreme Court 
 of North Carolina 
 
 Reprinted from the North Carolina Booklet 
 for October, 1908 
 
 RALEIGH : 
 
 EDWARDS & BROTJGHTON PRINTING COMPANY 
 1908 
 
Digitized by the Internet Archive 
 
 in 2012 with funding from 
 
 University of North Carolina at Chapel Hill 
 
 http://archive.org/details/conventionof183500conn 
 
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 The Convention of 1835 
 
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 The Convention which met in Raleigh, Jnne 4, 1835, was 
 one of the "Great Events in the History of North Carolina." 
 It was the result of a long, sectional controversy which had | 
 divided the people of the State for more than fifty years, 
 growing out of the Constitution of 1776. 
 
 At the Provincial Congress of April, 1776, the question of 
 forming a Constitution was considered and a committee was 
 appointed to draft one, but the delegates could not agree on a 
 plan and the matter was postponed until the next session. 
 The next Congress met, at Halifax, in November, 1776, and 
 the delegates to it were elected with special reference to the 
 adoption of a Constitution. In some of the counties full in- \ 
 structions were drawn up and given by the people to their ' 
 delegates in respect to those particular points on which they 
 were to insist in the formation of the Constitution. William 
 Hooper, a delegate to the Continental Congress, addressed a 
 letter to the Convention giving his opinion, in regard to the 
 proposed Constitution. Among other things he strongly 
 urged that the Legislature should be composed of two branches, 
 saying: "A single branch of legislation is a many-headed 
 monster which, without any check, must soon defeat the very 
 purpose for which it was created, and its members become a 
 tyranny, dreadful in proportion to the numbers which com- 
 pose it." At the opening of the Congress, November 12, 1776, 
 a committee, composed of the ablest men in the body, was 
 appointed to report a "Bill of Rights" and "Constitution or 
 
4 
 
 Form of Government." When this report came in it was 
 "debated, amended," passed its several readings and adopted 
 on its third reading. 1 It would be interesting to read the dis- 
 cussions of the delegates, some of whose letters and other 
 writings have been preserved, that we might see what their 
 views were in regard to the making of a written Constitution. 2 
 The vote by which the report of the committee, with the 
 amendments thereto, was adopted, is not given in the Journal 
 of the Congress, but it is certain that there were wide diver- 
 gencies of opinion among the delegates upon the most im- 
 portant phases of their work. While in its general provisions 
 the Constitution is a model in style, clearness and adaptability 
 I to the conditions existing, like all things human, it was, in 
 some respects, imperfect. It is probable, however, that but 
 few changes would have been made for many years, but for 
 the basis upon which representation in the Legislature was 
 fixed. The Constitution as adopted, allowed each county 
 one senator and two members of the House of Commons. 
 The State at that time was divided into thirty-five counties, 
 twenty-nine of which were east of the present capital. Six 
 
 / borough towns were permitted to send one representative each 
 to the House of Commons, and this privilege was afterwards 
 [1789] extended to Fayetteville. It was based upon the 
 theory that by reason of the trade and commerce in which 
 
 , they were engaged these towns had interests peculiar to them- 
 selves which entitled them to representation. The qualifica- 
 tions of a senator differed from those of a member of the 
 House of Commons only in regard to the number of acres of 
 land which he was required to own. Both were to be free- 
 holders. An elector was required to be a freeholder in order 
 to vote for a senator, while to be a freeman, if his taxes were 
 
 Colonial Records of North Carolina, X 974. 
 
 2 Much light is thrown on the subject in McRee's "The Life and 
 Correspondence of James Iredell". 
 
paid, entitled him to a vote for a comm oner. It was pro- 
 vided that the Legislature should consist of two branches, but 
 there is nothing in the Constitution suggesting that represen- 
 ation in the Senate was based upon wealth, and in the House 
 of Commons upon population. It is probable that it was 
 deemed wise, in the conditions then existing, to make only 
 such changes as were necessary to organize the State govern- 
 ment. While the statesmen of that time were laying the 
 foundations of States, based upon the sovereignty of the 
 people instead of the Crown, they wisely avoided making 
 radical changes in matters of administration. They were 
 State-builders rather than scholastic theorists discussing ab- 
 stract "rights of man," and were not seeking to cut loose from, 
 but rather to build upon the experience and lessons of the 
 past. They were familiar with the principles of English 
 Constitutional liberty and the rights secured by Magna Carta, 
 and other guarantees of liberty, including the common law. 
 It was because these rights and liberties guaranteed in their 
 charter had been denied to them, that they separated from 
 the Mother Country. The "Bill of Eights" and "Form of Gov- 
 ernment" were not adopted hastily or without consideration. 
 So soon as the War for Independence was over and the 
 State began to increase in population, friction arose between 
 the larger counties which were being formed in the central 
 and western parts of the State and the smaller counties in the 
 east. As population moved westward there was a demand for 
 the formation of new counties in the west which was met by 
 a counter demand for a corresponding increase in the east, 
 without, however, there being any such increase in population. 
 The East, upon the basis of county representation, held con- 
 trolling power in the Legislature and refused to permit any 
 amendment to the Constitution. The question, originally 
 one of political power, soon became, because of increased in- 
 terest in improved modes of transportation and other internal 
 2 
 
6 
 
 improvements, one of industrial and commercial importance. 
 The East, content with its waterways, slave labor, and the 
 produce of its rich soil, cleared into large plantations, opposed 
 State aid to schemes for internal improvements. Judge Mur- 
 phey originated a movement for improved methods of trans- 
 portation, "by deepening the inlets from the ocean, opening 
 the rivers for navigation, connecting them by canals, and con- 
 structing turnpikes or macadamized roads, so as to concen- 
 trate all the trade at two or three points within the limits of 
 the State." The plans of this wise, far-seeing statesman and 
 of those cooperating with him, were changed and given a new 
 impulse by the invention and introduction of the locomotive 
 engine and railroad for transportation and travel. Other 
 States embarked in the construction of canals, and the build- 
 ing of railroads, whereas North Carolina, with no large cities, 
 no canals or other modes of transportation, and no manufac- 
 tories, made but little progress in industry, wealth or popu- 
 lation. 
 
 It is not difficult to see that these conditions not only inten- 
 sified the complaints of the West, regarding the distribution 
 of power, but created a positive antagonism of interest be- 
 tween the two sections. For many years the East success- 
 fully resisted every demand for a change in the Constitution, 
 or compliance with the demands of the West for internal im- 
 provements, which became more pronounced each year. In 
 1821 resolutions were introduced in the House of Commons 
 by Charles Fisher, of Salisbury, declaring "that the represen- 
 tation of the people of this State, in both branches of the 
 Legislature, under the Constitution, was greatly unequal, un- 
 just and anti-republican ; that the Constitution ought to be 
 so amended that each citizen should have an equal share in the 
 right of representation upon the principle of free white popu- 
 lation ; that a Convention, therefore, should be called to amend 
 the Constitution." The debate on the resolutions clearly 
 
marked the line of division. It was ably conducted and at 
 times aroused much bitterness of feeling. The western, 
 members showed that thirty-three counties, containing one- 
 third of the free white population, sent ninety-nine members, 
 being a majority in each branch of the General Assembly; 
 thus one-third of the white population controlled the law- 
 making department, and, as the Constitution then provided, 
 elected the Governor and other executive and the judicial 
 officers. If the representation had been based upon popula- 
 tion Rowan County would have been entitled to send nine, 
 and Orange seven members, whereas they sent only six, two 
 senators and four representatives. Six eastern counties, with 
 about the same population, sent eighteen members. Twelve 
 eastern counties, with a population of 38,037, sent as many 
 members as the same number of western counties, containing 
 156,726. The State, at that time, contained sixty-two coun- 
 ties. 3 The resolutions were defeated in the House by a vote 
 of 81 to 47, while in the Senate they were rejected, without 
 discussion, by 36 to 23. Meetings were held by the western 
 people, "addresses" were sent out, and continued agitation 
 kept up for a Convention. At the session of 1831 resolu- 
 tions were introduced by Mr. Whitaker, of Macon, calling a 
 Convention for the purpose of amending the Constitution, 
 and after a full discussion were defeated by a vote of 69 to 
 56. It is not difficult to see that, in a government based upon 
 the consent of the people, discord and dissension would con- 
 tinue until some change was made. The State government 
 was developing into an aristocracy based upon county repre- 
 sentation without regard to the right of the majority of the 
 people to make the laws under which they lived. 
 
 In 1831 the State Capitol was burned. The question of 
 rebuilding was complicated by a movement to make Fayette- 
 ville the capital. Of course the old controversy in regard to 
 
 3 Debates of 1821. 
 
8 
 
 amending the Constitution came to the front and entered into 
 the discussion. The people of the State were divided in sen- 
 timent, mainly along sectional lines, involving sectional feel- 
 ings and interests. The divisions, and their combinations 
 are thus set forth in a letter from a member of the General 
 Assembly : 
 
 ''We are distracted — rent asunder, by factions, and the re- 
 sult of the legislative discussions and dissensions will be (I 
 fear) that we shall separate in anger, after having proved 
 most unprofitable servants. There are five parties here. The 
 largest — but it does not quite constitute a majority — is for 
 rebuilding the capitol and is opposed to a Convention in every 
 form. This may be termed the Eastern party. The next, in 
 point of magnitude, is the Western party — they want a recon- 
 struction of our Constitution with respect to political power 
 and want no more, but will either keep the govermnent at 
 Raleigh or remove it to Fayetteville, as the one or the other 
 will favor their great end. The third, in point of size, is the 
 Fayetteville party ; their main object is removal — but they 
 are willing, also, to go for a general Convention. The two 
 others are of about the same magnitude — the Northwestern 
 and Southwestern parties. The former want a modification 
 of the Constitution, but are utterly opposed to a removal, and 
 the latter want a removal, but resist alterations of the Consti- 
 tution.'' 
 
 The outcome of this somewhat complicated condition was 
 the rebuilding of the capitol at Raleigh, followed at the ses- 
 sion of 1834, after an unsuccessful effort to make amend- 
 ments to the Constitution by submitting them directly to the 
 people, by the passage of an act submitting to the people the 
 question of calling a Convention. 
 
 The act provided that, if a majority of the votes cast were 
 for "Convention," elections were to be held in the several 
 counties for the election of delegates, each county sending 
 
9 
 
 two. The act further provided that only such amendments ( 
 as were named therein should be submitted. The Convention 
 was directed to form and submit an amendment providing 
 for the election of not less than thirty-four, nor more than 
 fifty senators, to be elected by districts, which were to be 
 established on the basis of the amount of taxes paid into the 
 public treasury ; and not less than ninety nor more than one 
 hundred and twenty members of the House of Commons dis- 
 tributed among the counties on the basis of the "Federal 
 population," i. e., of all free men and three-fifths "of all other 
 persons," excluding Indians, not taxed. Each county, how- 
 ever, was to have at least one member. This basis of repre- 
 sentation was adopted by the General Assembly as a com- 
 promise. At that time the State contained sixty-five coun- 
 ties and seven borough towns, making the total number of 
 senators and members of the House two hundred and two. 
 ,The Assembly met annually. Other amendments, in the dis- 
 cretion of the Convention, might be submitted. The most 
 important of these were : whether borough representation 
 should be abolished, or restricted ; whether the right of free 
 negroes to vote should be abolished or restricted ; whether the 
 Governor should be elected by the people and for what term ; 
 whether there should be biennial sessions of the General As- 
 sembly ; whether the capitation tax on free whites and slaves 
 should be equal throughout the State ; whether the salaries of 
 Judges should be decreased during the temi for which 'they 
 had been ejected, and whether they should be eligible to any 
 other position while retaining their judicial office, except the 
 Supreme Court Bench ; whether, in the election of officers, 
 members of the Legislature should vote viva voce; and finally, I 
 whether the 32d Article should be amended. Each delegate I 
 was required to take an oath, prescribed by the act, to observe | 
 these limitations. 
 
 The proposition to call a Convention was approved by a 
 
10 
 
 / vote of about 27,000 out of 49,224. This, according to Gover- 
 nor David L. Swain, was, with one exception (the election of 
 1828), the largest vote cast at any election in this State. He 
 also stated that he did not think that the population of the 
 State had increased between 1830 and 1835 so much as three 
 per cent, and was not sure that it had increased at all. As a 
 general rule the counties sent as delegates their ablest and 
 
 / most experienced citizens. Warren sent Nathaniel Macon, 
 who, after a long and distinguished service in both branches 
 of the National Congress, had voluntarily resigned in 1828, 
 and retired to private life. His associate was Weldon N. 
 Edwards. From Buncombe came Governor Swain ; from 
 Burke, Burgess S. Gaither and Samuel P. Carson ; from Cas- 
 well, Calvin Graves ; from Cumberland, Judge John D. 
 Toomer; from Granville, R. B. Gilliarh and Josiah Crudup; 
 from Guilford, John M. Morehead ; from Lincoln, Bartlett 
 Shipp; from Richmond, Alfred Dockery; from Rockingham, 
 E. T. Broadnax; from Rowan, Charles Fisher; from Wake, 
 Judge Henry Seawell ; from Wilkes, James Wellborn and 
 
 I Edmund Jones; from Craven, Judge William Gaston and 
 Richard D. Spaight ; from Greene, Jesse Speight; from New 
 Hanover, Owen Holmes ; from Washington, Josiah Collins ; 
 from Sampson, W. B. Meares ; from Martin, Asa Biggs ; 
 from Edgecombe, Louis D. Wilson ; from Halifax, Governor 
 John Branch and Judge Joseph J. Daniel ; from Perquimans, 
 Jesse Wilson ; from Pasquotank, John L. Bailey ; from Chat- 
 ham, LIugh McQueen ; from Chowan, J. B. Skinner ; from 
 Bertie, David Outlaw; from Hertford, Kenneth Rayner; 
 from Cartaret, James W. Bryan; from Cabarrus, Daniel M. 
 Barringer; and from Lenoir, Council Wooten. 
 
 These citizens had won at that time, or thereafter won dis- 
 
 I tinction in the service of the State and Nation. They and 
 their colleagues constituted a strong, patriotic body of men, 
 who recognized the importance of the work to which they 
 
11 
 
 were appointed, and approached it with a determination to 
 remove from the Constitution the source of discord and dis- 
 sention. Macon was unanimously elected President ; E. B. 
 Freeman, Principal Clerk, and Messrs. Gales and Son, Print- 
 ers. The question was raised regarding the power of the 
 Legislature to impose limitations upon the delegates repre- 
 senting the people, or to prescribe a form of oath to be taken 
 by them. This objection was disposed of by the pertinent 
 suggestion that the people had, by adopting the act as their 
 own, themselves prescribed the limits within which the dele- 
 gates were to submit amendments. The Convention decided 
 to discuss proposed amendments in Committee of the Whole 
 before final adoption. It is impracticable, within the limits 
 of this paper, to give more than the outlines of the debates 
 on the most important amendments. 
 
 The first question discussed was a proposition to abolish 
 borough representation. The debate took a wide range and 
 gave indications of the views of the delegates upon other ques- 
 tions which were to engage the attention of the Convention. 
 Judge Gaston favored retaining the right of the borough 
 towns to send representatives, and gave an interesting ac- 
 count of the origin of the right, and the reasons upon which it 
 was based. Mr. Smith, of Orange, opposed retaining them, 
 as did Mr. Fisher and several others representing counties 
 which contained borough towns. A number of delegates took 
 part in the debate. Governor Swain, although from the ex- 
 treme west, from which there were no such representatives, 
 noticed that the votes of the borough members had joined 
 with the West in calling the Convention. He said : "The 
 united vote of the borough members was the fiat which called 
 this Convention into existence, and their constituents were 
 the only aggregate portions of eastern communities that sus- 
 tained the measure. Are they to be immolated upon the 
 Altar of their own patriotism ?" In this speech Governor 
 
12 
 
 Swain outlined the policy of the western people. Internal 
 improvements, education, general progress in the develop- 
 ment of the resources of the State, and encouragement to im- 
 migration were the purposes of this strong, patriotic leader 
 from the mountains. His speech drew fire from Mr. Macon, 
 and the lines were soon drawn. Mr. Macon said that he 
 could go hand in hand with the gentleman from Buncombe as 
 regarded education, but he differed with him in his notions 
 about internal improvements. He doubted the capacity of 
 North Carolina to become a great commercial State, but they 
 could diffuse the blessings of education and become a vir- 
 tuous if not a great people. The opponents of borough rep- 
 resentation were in the majority, and passed the amendment 
 abolishing it. As the principle of representation based upon 
 population was to be engrafted into our Constitution, the ac- 
 tion of the Convention was logical and doubtless wise. To 
 have retained it would have been a source of dissension out- 
 weighing its advantages. 4 
 
 The Convention next discussed the proposition to deprive 
 "free persons of color" of the privilege of voting. Judge 
 Daniel favored giving to each of them the right to vote for 
 members of the House of Commons provided he owned a free- 
 hold estate of $250. In an interesting speech he traced the 
 origin of the privilege which they had enjoyed, which he 
 thought was useful to them as a means of protection and a 
 stimulant to good behaviour, because it gave them a status 
 which appealed to their pride and manhood. He did not 
 think that the right to vote was secured in the Bill of Rights, 
 That embraced only free white men. He had observed that 
 they uniformly voted for men to represent them of the best 
 character and talents. Mr. Macon was utterly opposed to 
 any free person of color having the right to vote. He did not 
 
 4 Nash: "The Borough Towns of North Carolina," in the north Caro- 
 lina BOOKLET. Vol. VI No. 2. 
 
13 
 
 think they ever had such right under the Constitution of 
 1776. Mr. Crudup, a man of great wisdom and large views, 
 wished to see these people raised from their present degra- 
 dation, but did not think giving them the right of suffrage 
 would do so. His remarks upon this, and other subjects 
 before the Convention, were conservative and well considered. 
 Mr. Gaston did not think it wise to make any change in the 
 Constitution in respect to these "unfortunate people." If 
 they- had not enjoyed this privilege they would not at that 
 time aspire to it. "The hardship," he said, "lay in depriving 
 them of what they had been in the enjoyment of. * * * Let 
 them know that they are a part of the body politic, and they 
 will feel an attachment to the form of government and have 
 a fixed interest in the prosperity of the community, and will 
 exert an important influence over the slaves." Mr. Wilson, 
 of Perquimans, did not believe "free blacks qualified to vote." 
 He gave expression to the opinion then held by many South- 
 ern men. He said that he had heard almost everybody say- 
 ing that slavery was a great evil. He believed it was no such 
 thing, but thought it a great blessing to the South. Our sys- 
 tem of agriculture could not be carried on in the Southern 
 States without it. The Southern people might as well at- 
 tempt to build a railroad to the moon as to cultivate their 
 swamp lands without slaves. It is interesting to note that 
 Mr. Wilson thought there were, at that time, about five hun- 
 dred and seventy-five "free persons of color" voting in Hali- 
 fax and several neighboring counties. He feared that "if we 
 foster and raise them up they will soon become a majority 
 and we shall have negro justices, negro sheriffs," and other 
 negro officials. The western men took no part in the discus- 
 sion, leaving the question to be settled by the eastern dele- 
 gates, and the amendment depriving negroes of the privilege 
 of voting was adopted. Branch, Daniel, Gaston, Rayner, 
 Toomer, Holmes, Seawell from the East, and Swain, Carson, 
 
14 
 
 Morehead with others from the West, voted in the negative. 
 How little the wisest know of the operations of the industrial, 
 political and social forces, and what disturbances they work 
 in the "nice adjustments" of human governments. 
 
 Having disposed of these "side issues," the Convention 
 grappled with the paramount issue, the question which had 
 disturbed the peace and retarded the growth of the State for 
 more than a generation. The proposition submitted to the 
 Convention was that the Senate be composed of fifty mem- 
 bers. This was easily decided in the affirmative with but 
 little debate. 
 
 The next proposition, that the House of Commons be com- 
 posed of one hundred and twenty members, met with opposi- 
 tion from Mr. Speight, of Greene, who saw in this number a 
 majority from the West with internal improvements, rail- 
 roads, and all manner of evils for the East. He was of the 
 opinion that to make a railroad from Beaufort to the moun- 
 tains would be incurring an expense which could never be 
 repaid by the intercourse between these distant portions of 
 the country. 
 
 Mr. Wilson, of Perquimans, also opposed any change in the 
 Constitution which w T ould give power to the West to impose 
 upon the East taxes for internal improvements, saying : "But 
 what benefit would accrue to the West ? Very little ; for nine- 
 tenths of their lands are exhausted, and not worth cultivating, 
 contrasted with hundreds and thousands of acres annually 
 brought into market in the Southwestern States. None com- 
 plain so much of the want of a market as those who have 
 little or nothing to carry to it." 
 
 Mr. Macon was opposed to any plan of internal improve- 
 ments in which the government was to take any part. All 
 improvements of this kind, he said, ought to be the work of 
 individuals as they could always have it done at cheaper rates 
 than the government. 
 
15 
 
 In response to the arguments of Governor Swain, Messrs. 
 Fisher, Wellborn, Morehead, Carson and others, Mr. Speight 
 said that he need not assure the committee that he was the 
 friend of internal improvements, such as would afford a facil- 
 ity to the farmers of our country in getting to market ; but 
 he equally deprecated those wild and visionary schemes on 
 which the demagogue always mounts to power. "The gentle- 
 men talk about a railroad from the seaboard to the moun- 
 tains. Why, sir, such a scheme is not only idle and visionary, 
 but perfectly impossible." To convince the Convention that 
 he favored internal improvements, Mr. Speight assured the 
 delegates that, if he ever had the honor to be again a member 
 of the Legislature he would "bring forward a plan, and the 
 only one which can improve our condition, viz : a railroad 
 from Beaufort to JSTew Bern, and one from Fayetteville to 
 some central point in the West," 
 
 Judge Gaston discussed the question in all its aspects, in a 
 spirit of moderation, with thoroughness and convincing argu- 
 ment. He favored the number of senators and members 
 agreed upon by the report of the committees. Among other 
 things he said, "It should Be borne in mind that governments 
 are formed for practical purposes, and not to present themes 
 for the exercise of schoolmen and declaimers." Conceding 
 that the West had cause for complaint, and combatting the 
 conservatism of the extreme eastern men, he said : "The 
 principle which the gentleman from Greene professes, that of 
 equal representation by counties, is supported by no reason 
 whatever — is upheld by nothing but existing usage — stands 
 condemned by the people and has had its day." He showed 
 by calculations made by himself, the original of which are 
 before the writer, that by adopting fifty as the number of 
 senators, distributed upon the basis of taxable property, and 
 one hundred and twenty as the number of the House of Com- 
 mons, distributed upon the basis of Federal population, the 
 
16 
 
 East would have a small majority in the Senate, and the West 
 in the House. He insisted that while by this plan the result 
 was satisfactory, at the time, it was also based upon a correct 
 principle. Said he: "Make it right, so that it may last. 
 Make it right, for the effect of it will be to obliterate those 
 very sectional divisions which have heretofore prevailed," 
 In conclusion, deprecating the dissensions which had divided 
 the people and retarded progress, he said : Who but must wish 
 that the disconnected fragments of the State may be brought 
 together by those facilities of communication which will make 
 her people and act as one people in interest and affection. 
 Much, very much, may be done for the improvement of the 
 State's physical condition. But there was another point of 
 view in which he most earnestly desired the improvement of 
 the State. If the only secure foundation of rational liberty 
 be the virtue of the people, the best safeguard of that liberty 
 is to be found in their intelligence. This alone could secure 
 them against the wicked acts of oligarchs and demagogues. 
 Not a little had lately been done in the cause of education; 
 and he hailed with delight the institutions which were spring- 
 ing up in various parts of the country for the instruction of 
 youth. But no efficient plans had yet been adopted for dif- 
 fusing information throughout the land, and bringing it home 
 to the poor and humble. If righteousness exalteth a nation, 
 moral and religious culture should sustain and cherish it. It 
 was in vain to hope that what ought to be done for the physi- 
 cal or intellectual and moral advancement of the State, could 
 ever be accomplished, without the united efforts of the good 
 and the wise, without liberal councils, and systematic co- 
 operation. Many an anxious, many a painful hour, had he 
 spent in reflecting on the divided and distracted state of his 
 country. Earnestly had he wished that he might live to see 
 the day when, instead of wasting their energies in sectional 
 broils — instead of waging- against each other a foolish and 
 
17 
 
 wicked contest, in which victory was without glory, and de- 
 feat without consolation, they could, like a band of brothers, 
 devote all their aspirations and all their efforts to their coun- 
 try's cause. He would not — he could not abandon the hope, 
 that harmony and good will were about to be restored. He 
 did hope that under this new order of things — under these 
 favorable auspices, his beloved State was about to become all 
 that her sons could wish her to be — that retaining the excel- 
 lencies she now possessed — her love of liberty and order — 
 her steady, kind, republican and industrious population — her 
 simple and unobtrusive virtues, there might be added to her 
 whatever was fitted to raise, and decorate, and ennoble her 
 character. 
 
 Mr. McQueen, of Chatham, followed in a very able and 
 patriotic speech, advocating the same views. After an en- 
 thusiastic discussion he concluded : "I am impressed with the 
 belief that the meeting of this convention holds out a more 
 sublime and beautiful spectacle than ever has been before pre- 
 sented to the moral or intellectual vision in North Carolina. 
 And as I firmly believe that it will reveal brighter and more 
 animating prospects than ever flushed Carolinians' hearts 
 with joy, my heart now swells with rapture at the imperfect 
 glimpse which I have caught of the bright beams that have 
 occasionally darted upon the consultations we have held for 
 the benefit of our country. I think that when this convention 
 surrenders its powers at the feet of those who gave it, we will 
 perceive the morning sun of a brighter day beaming in the 
 firmament of our prosperity." 
 
 The motion to strike out 120 members was defeated by a 
 vote of 76 to 52. The affirmative vote came entirely from 
 the eastern counties. Among the eastern delegates voting in 
 the negative were Bonner and Tayloe, of Beaufort, Arrington 
 of Nash, Faison and Meares of Sampson, Macon and Ed- 
 
18 
 
 wards of Warren, Gaston and Spaight of Craven, Holmes 
 and Marsteller of New Hanover, Kuffin and Williams of 
 Franklin, Toomer and McDiarmid of Cumberland, Williams 
 and Joyner of Pitt. The number of representatives fixed 
 upon at that time has never been changed. The center of 
 population has moved far westward, and the present indica- 
 tions are that it will continue to do so, but happily the con- 
 flict between the sections is now confined to friendly contests 
 for office. 
 
 It is an interesting problem for the student of North Caro- 
 lina to forecast the basis of political power in 1935. With 
 the negro eliminated, as a political factor, and the industrial 
 growth of the Piedmont and West, it may safely be assumed 
 that a convention in 1935 would present a very different 
 line of division from that of 1835. The number of senators 
 and representatives will hardly be interfered with unless, as 
 is not probable, the present number of counties is increased 
 to more than one hundred and twenty. 
 
 The proposed amendments providing for biennial sessions 
 of the General Assembly, and the election of the Governor bi- 
 ennially by the people alarmed Mr. Macon, and he strongly 
 opposed them. He said, ''Democracy is dead in North Caro- 
 lina" ; predicted all manner of tyranny, and the destruction 
 of popular rights. He quoted Mr. Jefferson as saying, "Where 
 annual elections end, tyranny begins." He offered as a safe 
 analogy the custom of a good farmer who, he said, always 
 hired his overseer for one year. Judge Daniel quietly ob- 
 served that he had lately seen a gentleman from Tennessee, 
 where they elected the governor by the people, who told him 
 that "candidates were traveling through the State on an 
 electioneering campaign at expense and trouble to them- 
 selves and great annoyance to the people." Mr. Macon ex- 
 pressed the opinion that "this was a talking government," and 
 he apprehended that the proposed change would destroy this 
 safeguard of liberty. 
 
19 
 
 The convention did not share the fears of their venerable 
 president, and adopted both amendments. Time has justified 
 their wisdom. Certainly our liberties are in no danger from 
 the change. 
 
 The convention next entered upon a long and in many re- 
 spects an able and interesting discussion on the proposition to 
 amend the 32d Article of the Constitution. This Article pro- 
 vided: "That no person who shall deny the being of God, or 
 the truth of the Protestant religion, or the Divine authority 
 either of the Old or Xew Testament * * * shall be capa- 
 ble of holding any office of trust or profit in the civil depart- 
 ment of the State." The only proposition seriously discussed, 
 although several others were considered and voted upon, was 
 whether the word "Protestant" should be stricken out and 
 the word ''Christian" inserted ; and it is difficult at this day 
 to understand how so able a body of men could have spent 
 so much time and taken so wide a range of debate on such a 
 simple proposition. For many years different opinions had 
 been held in the State whether the Article, as it stood, ex- 
 cluded Roman Catholics from holding office, but the question 
 had never been brought to a practical test. Judge Gaston had 
 been elected to the Legislature a number of times, and two 
 years prior to the meeting of the convention had been elected 
 by a practically unanimous vote of the General Assembly a 
 justice of the Supreme Court, and commissioned by Governor 
 Swain, without any question other than the expression of pri- 
 vate opinions. He was on the bench at the time of the con- 
 vention. 
 
 The debate indicated a wide range of opinion in regard to 
 whether any, and if any, what religious test should be ap- 
 plied. The objections to any change were based upon a num- 
 ber of reasons. Some thought that to admit Roman Catholics 
 would meet with much opposition from the people. Mr. 
 Smith of Orange thought that in some indefinite way he was 
 
20 
 
 instructed ''by his constituents not to remove the test/' It is 
 quite interesting to note how, by unanswerable facts and argu- 
 ments his difficulty was removed, but his mind and conscience 
 not satisfied. 
 
 Mr. Macon said that so far as he was individually con- 
 cerned it mattered not what provisions were incorporated in 
 the Constitution. His time had nearly come. But this arti- 
 cle was the only feature in the old Constitution which he had 
 ever heard objected to outside of the State; and the objection 
 was always coupled with an expression of surprise that it 
 could have got a foothold in a State where the principles of 
 liberty were so well understood. There were times when a 
 man must stake himself for the good of his country. The 
 present was a crisis of this kind. To him it appeared too 
 plain a question to argue that every man may worship God 
 according to the dictates of his own conscience. But it is a 
 practical denial of its truth to debar a man from office be 
 cause he may entertain certain religious opinions. You might 
 as well attempt to bind the air we breathe, as a man's con- 
 science^ — it is free — liberty of thought is his inalienable birth- 
 right, Referring to Judge Gaston, Mr. Macon said : "There 
 was one member of this Convention whose father had been in- 
 humanly murdered by the Tories in our Revolutionary strug- 
 gle — he begged pardon for the allusion, but it was history — 
 and shall it be said that his son, baptized, as it were, in the 
 blood of his father, is unworthy a seat in the Legislature of 
 our country ?" 
 
 As one of the many instances in which men have used lan- 
 guage, in making constitutions and laws, capable of many 
 different constructions, numerous and widely divergent views 
 were expressed in respect to the purpose and meaning of the 
 Constitution. Some thought that it was intended to exclude 
 Roman Catholics — some that it had no reference to persons 
 of that faith and was not intended to exclude them, while 
 
21 
 
 others insisted that by reason of the uncertainty of its mean- 
 ing it was incapable of enforcement. 
 
 Judge Gaston, the only member of the Convention to whom 
 it could be supposed the article had any personal application, 
 discussed the subject in all of its aspects in the last, and \ 
 probably the greatest speech made by him in any deliberative 
 body. While expressing his views strongly, and explaining the 
 circumstances upon which he went upon the bench, he said : 
 "But as an individual I beg it to be understood, that I am 
 utterly indifferent as to the determination of the Convention 
 and of the people, except a desire that the consitutional pro- 
 vision be made explicit. If it be thought essential to the 
 State that a monopoly of offices be secured to certain favored 
 religious sects, let it be so disclosed. He who now addresses 
 you will not feel a moment's pain, should such a decision ren- 
 der it his duty to return to private life. Office sought him — 
 he sought not office. An experience of its cares, its labors and 
 its responsibilities has not tended to increase his attachment 
 to it." 
 
 Mr. Smith said that he wished this section to be laid aside 
 as sleeping thunder, to be called up only when necessary to de- 
 feat some deep-laid scheme of ambition. 
 
 Mr. Swain disliked to keep the "sleeping thunder" of this 
 
 section, as the gentleman from Orange termed it, to be used 
 
 in some emergency hereafter. He did not like to leave it in 
 
 the hands of men in power, who might hereafter abuse it by 
 
 "Dealing damnation round the land, 
 On all they deemed their foe." 
 
 After rejecting a number of proposed amendments, the , 
 Convention, by a vote of 7-± to 52, struck out the word I 
 "Protestant" and inserted the word "Christian." The nega- 
 tive vote included a number of delegates who were opposed 
 to retaining any religious test. Upon the final test the Con- 
 vention by a vote of 76 to 32 refused to strike out the word 
 "Christian," Gaston voting with the majority. 
 
22 
 
 Upon the question of submitting the amendments to the 
 people, Mr. Macon said that he could not give them his ap- 
 proval as he had two decided objections to them — the one was 
 the doing away with annual elections, which he considered a 
 fundamental principle of Republican liberty ; the other was 
 the change made in the election of Governor. He was sorry 
 that he could not concur in approving the work of a body of 
 men from whom he had received uniform kindness and atten- 
 tion. 
 
 The vote on this question stood 81 to 20, the latter being 
 generally from the East. 
 
 The closing scenes of the Convention were peculiarly in- 
 teresting. Judge Gaston, Governor Swain being in the chair, 
 offered a resolution "respectfully tendering thanks to the Hon- 
 orable Nathaniel Macon, their venerable President, for the 
 distinguished ability, dignity and impartiality with which he 
 has discharged the duties of his station." Mr. Macon, after 
 returning his thanks for "all your kindness," said: "This I 
 expect will be the last scene of my public life. We are about 
 to separate ; and it is my fervent prayer that you may, each 
 of you, reach home in safety, and have a happy meeting with 
 your family and friends, and that your days may be long, hon- 
 orable and happy. While my life is spared, if any of you 
 should pass through the county in which I live, I shall be 
 glad to see you. 5 
 
 "On the President's resuming his seat and the applauses 
 of the Convention having ceased," according to the Journal, 
 "Mr. Carson, of Burke, arose and said that he was about to 
 leave old North Carolina to reside in the far West, where he 
 should be happy at all times to see any friend from the old 
 State — to be a North Carolinian, would be sufficient recom- 
 
 5 Mr. Macon's prophecy was not fulfilled. He was an Elector on the 
 Van Buren ticket of 1836, and presided over the Electoral College. He 
 died, June 29, 1837. 
 
23 
 
 mendation — his house and corn crib should be at the service 
 of his friends." 
 
 Judge Gaston, from the Committee on Enrollment, re- 
 ported that the Amendments to the Constitution correctly en- 
 rolled on parchment had received the signature of the Presi- 
 dent and Secretary. After Reverend Dr. McPheeters had 
 offered prayer, the President announced that the business was 
 finished, and on motion of Judge Gaston the Convention stood 
 adjourned. 
 
 The amendments were ratified by a vote of 26,771 for, and 
 21,606 against, the majority being 5,165. 
 
 The votes in the following counties are of interest : 
 
 Burke, for the amendments, 
 
 1,359; 
 
 against, 
 
 1 
 
 Buncombe, 
 
 a 
 
 1,322 
 
 a 
 
 22 
 
 Iredell, 
 
 a 
 
 1,184 
 
 a 
 
 18 
 
 Lincoln, 
 
 a 
 
 1,887 
 
 a 
 
 42 
 
 Rutherfordton, 
 
 a 
 
 1,557 
 
 a 
 
 8 
 
 Rowan, 
 
 a 
 
 1,570 
 
 a 
 
 18 
 
 Wilkes, 
 
 a 
 
 1,757 
 
 a 
 
 8 
 
 Edgecombe, 
 
 a 
 
 29 
 
 a 
 
 1,334 
 
 Brunswick, 
 
 " 
 
 
 
 a 
 
 466 
 
 Tyrrell, 
 
 a 
 
 1 
 
 a 
 
 459 
 
 Washington, 
 
 a 
 
 14 
 
 a 
 
 409 
 
 Martin, 
 
 a 
 
 14 
 
 a 
 
 795 
 
 Hyde, 
 
 a 
 
 2 
 
 a 
 
 431 
 
 Warren, 
 
 a 
 
 46 
 
 a 
 
 580 
 
 Craven, 
 
 u 
 
 131 
 
 a 
 
 270 
 
 Wake, 
 
 a 
 
 243 
 
 a 
 
 1,124 
 
 This is a fair average of the vote of the eastern and west- 
 ern counties. They are interesting figures, and shed much 
 light on the history of North Carolina. They also show that 
 the Convention was called none too soon. The question which 
 called the Convention into existence was that upon which the 
 
24 
 
 line of division in the vote upon the amendments was formed, 
 representation in the House of Commons based upon popula- 
 tion. The other questions were of but little importance in 
 the opinion of the people. Notwithstanding the apprehension 
 of Mr. Smith in regard to the "instruction" given him, the 
 county of Orange ratified all of the amendments by a vote of 
 1,131 to 246. 
 
 The limitations necessarily imposed upon the length of this 
 paper render it impossible to refer to many interesting dis- 
 cussions in the Convention which exhibit a very high order 
 of learning, eloquence and patriotism on the part of the dele- 
 gates. They are worthy of and will repay study by any per- 
 son interested in our history.