School History of North Carolina : from 1584 to the present time

by John W. Moore

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.