Cp*l?0.7l c.3 North Carolina on the eve of secession Th< Howell Collection OF HISTORICAL MATERIALS Presented by Kay Kyser And his Mother Emily Royster Howell Kyser As a Memorial To her Brother Edward Vernon Howell Dean School of Pharmacy i 897-193 i * * THE UNIVERSITY OF NORTH CAROLINA )9T0.7I LIBRARY c.3 NORTH CAROLINA ON 'THE EVE OF SECESSION BY '■« % WILLIAM K. BOYD Reprinted from the Annual. Report of the American Historical Association for 1910, pages 165-177 WASHINGTON 1912 NORTH CAROLINA ON THE EVE OF SECESSION BY WILLIAM K. BOYD Reprinted from the Annual Report of the American Historical Association for 1910, pages 165-177 ^ WASHINGTON" 1312 X, NORTH CAROLINA ON THE EVE OF SECESSION. By WILLIAM K. BOYD, Professor of History in Trinity College, Durham, N. C. 165 Digitized by the Internet Archive in 2013 http://archive.org/details/northcarolinaoneOOboyd NORTH CAROLINA ON THE EVE OF SECESSION. By William K. Boyd. In the great drama of 1860-61 North Carolina had no leading part like that of South Carolina or the far South. The last State except one to ratify the Federal Constitution in 1789, it was also the last except one to join the Confederacy. But a study of conditions within its borders on the eve of secession has a value far greater than this relative place in the movement might suggest. In fact, North Carolina illustrates some phases of southern life too often lost sight of in discussions of sectional issues. To what extent these conditions existed elsewhere and their place in the history of secession are worthy of inquiry, for southern society before 1860 did not conform to one type of thought or action. Secession itself was the result of years of conflict on the hustings, in the press, and in economic development. The first of the forces which shaped the attitude of North Carolina toward secession was its social structure. In early days the colony was a refuge for men of small means who sought to improve their fortunes, and in 1860 the small planter was still the chief factor in industrial life. There was also a distinct lack of unity in feeling or action among the people; rarely indeed did they rally as one man in any common cause. This was due in part to diversity of racial origins, but much more to sectional influences. River courses and natural elevations of the land produced geographical divisions so distinct that inter- course between them was exceedingly difficult, and the cities of South Carolina and Virginia were for years more important com- mercial centers for North Carolina than the towns within the State. This sectionalism of nature had also a political character. Up to 1835 the counties east of Raleigh, by virtue of their number, held the balance of power in the legislature, while those to the west had greater resources and grew more rapidly in population. Long after reforms in representation were made the sectional feeling continued and was a potent influence in politics. Interacting with sectionalism was the industrial organization. The slave system and its attendant products were never extensively 167 168 AMERICAN HISTORICAL ASSOCIATION. developed except in a group of middle eastern counties. In fact, less than 28 per cent of the families in 1860 held slaves, while the average number of slaves held was 9.6. In strong contrast to the slave-owning class were the nonslaveholders. Their industries included, besides agri- culture, two classes of manufacturing: One, factories in which North Carolina ranked next to Virginia and Georgia; the other, domestic arts and hand trades. These latter industries were important because they enabled each plantation or community to be in a large degree economically self-sufficient. The story of the vast number of nonslaveholding whites in the South, their origin, occupations, opinions, and influence, is as yet unwritten. In North Carolina they always had a considerable influence, and by 1860 their protest against certain inequalities produced by the slave system was well under way. Their attitude toward secession has been well stated in the words of Senator Vance: "Seven-tenths of our people owned no slaves at all, and to say the least of it, felt no great and enduring enthusiasm for its [slavery's] preservation, especially when it seemed to them that it was in no danger." 1 These underlying social conditions — the prevalence of men of moderate means, sectional influences, and the existence of a large nonslaveholding class — were the basis for certain well-defined political characteristics. There was a variety of opinion on every public question, and conservatism was usually nothing more than a failure to unite on one common opinion or program of progress. There was also a prejudice against ideas or movements of alien origin, which along with isolation gave rise to provincialism. The attitude toward Federal relations was accordingly strongly particularistic. Expediency rather than patriotism or a national ideal caused the ratification of the Federal Constitution in 1789, and strong States-rights views predominated among all parties and leaders of the early days. Federalism itself was very conservative toward the growth of national powers. Its leaders looked to Madison rather than to Hamilton in organizing the machinery of the central Government. Dissatisfied with the proposed assumption of State debts by the Federal Government, the lower house of the legislature, in 1790, refused to take the oath to support the Constitution which had been prescribed by Congress. In the same year the State court of equity refused to obey a writ of certiorari, calling a case before the Supreme Court of the United States, and the legislature passed a vote of thanks to the judges. 2 Also, the first States-rights opinion emanating from the Supreme Court was that of Iredell, a North Carolina Federalist, in the case of Chisholm v. Georgia. But 1 Quoted from J. A. Sloan, "North Carolina in the war between the States," 105. 2 See H. M. WagstafE, "State rights and political parties in North Carolina" (Johns Hopkins Studies, Series XXIV), 32-33. NOETH CAKOLINA ON THE EVE OF SECESSION. 169 at the crisis raised by the alien and sedition laws, a fear that the Union was in danger and a desire for conciliation prevailed over any mani- festations of political theories. 1 The nature of the union was not seriously in question again until the controversy over the tariff and nullification. In 1827 the leg- islature resolved that any increase in the tariff was inexpedient and that "whenever a system is adopted by the General Government which does not equally conserve the interests of all, then the right rests with any State or States to question whether the benefits of ,the union are not more than counterbalanced by its evils." This manifesto against the tariff was of course ineffectual, and by 1830 it was evident that South Carolina would attempt nullification. The people at large were unprepared to indorse such a radical measure and censured it in many public meetings. But in the legislature of 1830 a strong States-rights faction dominated the senate and rejected resolutions condemning nullification which had passed the house. Two years later, in 1832, as a compromise, both the tariff and nullification were formally censured by the legislature as uncon- stitutional. 2 This action on nullification is significant for two reasons: First, Nathaniel Macon, for years the leader of the old Jeffersonian Democracy, in a letter to a friend definitely expressed his belief in the right of secession. "I have never believed a State could nullify and stay in the Union," he said, "but have always believed that a State might secede when she pleased, provided she would pay her proportion of the public debt; and this right I have considered the best safeguard to public liberty and to public justice that could be desired." 3 The nullification debates are also interest- ing because those who sympathized with South Carolina in 1832 and lived until 1860 favored secession. In strong contrast to the particularistic spirit of the early days were the policies of the Whig party, which controlled the State administration from 1836 to 1850. Nowhere did the old-line Whigs of the South leave a finer record than in North Carolina. Broad, constructive ideas and cooperation with the ideals of other sections of the country characterized their leaders. Public schools and State aid to railways at home, the recharter of the second bank of the United States, internal improvements, and a protective tariff by the Federal Government were typical measures advocated by the party. While there were strong States-rights elements in its mem- bership, its most influential leaders regarded the Federal Constitu- tion as something more than a compact among States — rather as the charter of an indestructible union, by which the American people were to be guided through all time. The rise of this new 1 Wagstaft op. cit., 36-37. 2 Wagstaff, op. cit., 49-54. * W. E. Dodd, "Life of Macon/' 385. 170 AMERICAN HISTORICAL ASSOCIATION". party coincided with local sectional conditions. In contrast to the cotton States the Whigs were most popular in the counties where slav- ery and its industries did not predominate; these included the western part of the State, a portion of the central region, and the marshy swamp country along the coast. The reason for this popularity was the Whig program of progress, these sections needing internal improvements by State aid. The strength of the Democrats, on the other hand, lay in those counties where slavery, cotton, and tobacco produced a settled, unchanging economic svstem. It was therefore good policy for each party to choose its candidates in State cam- paigns from the section in which it was numerically the weaker. Thus an eastern Whig was often nominated for governor to oppose a western Democrat. The custom passed over to the slavery de- bates, the proslavery leadership in the legislature being frequently given to a western Democrat. Such were the underlying social and political conditions in North Carolina when the national controversy over slavery extension was revived, after the Mexican war. Just at that time the supremacy of the Whigs began to wane. In that decline the slavery issue was an important factor, for it caused a serious division of opinion. In the legislature of 1848-49 W. L. Steele, a Whig from the South Carolina line, introduced resolutions in the lower house to the effect that the Territories belonged to the States; that the General Govern- ment as the agent of the States could make no laws destructive of the equal rights of the States in the Territories; and that to deprive a citizen of his right to emigrate with his slaves would be unconstitu- tional. These were almost identical with resolutions which Calhoun had introduced in the Senate of the United States. 1 They at once aroused much discussion, which extended beyond legislative halls. Mr. Badger, the ablest constitutional lawyer among the Whigs, had previously declared that Congress had full jurisdiction over slavery in the Territories. Mr. Clingman, Whig Congressman from the mountain district, was now appealed to by members of the legislature and replied that the Wilmot proviso was a violation of the Constitution which would justify resistance by all means in the power of the South. 2 In the end the conservative influence was strong enough to force through substitute resolutions, which ad- mitted the main contention, but suggested that the Missouri com- promise line be extended into the Territories acquired from Mexico to settle existing controversies, and deprecated any attempt to dissolve the Union. 3 i House Journal (North Carolina), Nov. 27; Raleigh Standard, Nov. 27, 1848. 2 Raleigh Register, Feb. 3, 1849. See also Clingman's letter to Foote, Speeches and Writings of T. L. Clingman, p. 231. a Laws of North Carolina, 1848-49, p. 237. NORTH CAROLINA ON THE EVE OF SECESSION. 171 Thus in 1848-49 a cleavage was begun among the Whigs on the subject of slavery. The next year the Democrats carried the State elections on the issue of manhood suffrage in the choice of State senators. On the Democracy lay the duty of shaping the State's policy toward the slavery problem. The compromise of 1850 had just been passed when the legislature met in November. The aboli- tionists of the North were lifting their voices against the fugitive- slave law, while the radicals at the South proposed to repudiate the entire compromise even at the cost of secession. A joint committee on slavery was appointed. Its report advised acquiescence in the com- promise of 1850, but retaliation in the future if slavery in the District of Columbia or the interstate slave trade were restricted, the fugitive- slave law changed, or a slave State refused admission to the Union, and recommended an ad valorem tax on merchandise imported from the nonslaveholding States to offset the agitation against the fugitive- slave law. The minority of the committee recommended a mani- festo defending the right of secession, to be added to these resolutions. 1 The center of debate on these reports was the senate,, for there the margin between the Whigs and Democrats was very small. In the end resolves of the minority, looking toward secession, were rejected and those of the majority were considerably revised in .the interest of conservatism. 2 This was due to a division among the Democrats, a sane, sensible group joining with the Whigs to adopt the revised resolutions. 3 As radicalism was checked in the senate the fight in the house was dropped. Thus early was the Democracy, as well as Whiggery, divided iDto radical and conservative factions. The right of secession, rejected in the legislature, was presented to the people in the congressional campaigns of 1851. In the third district George W. Caldwell, Democrat, elaborated and defended the right of withdrawal from the Union, while his Whig opponent, Alfred Dockery, went so far as to declare that if South Carolina or even North Carolina should attempt secession he would vote for an appropriation to keep the offending State within the Union. 4 Like- wise, in the eighth district, Edward Stanley tock a similarposition while opposing Thomas Ruffin, a secession Democrat. 5 In the mountain district Clingnian, a Whig with a secession bias, was opposed by B. S. Gaither, a Union Whig, and made conciliatory explanations of his previous radical speeches. The result was that i House Docs. 54 and 55 in North Carolina legislature. Doc. of 1850-51. 2 Standard, Jan. 15, proceedings of the legislature, and Senate doc. 95 in North Carolina Leg Docs, of 1850-51. 3 It is Interesting to note that the leader