But the work was not yet done. The Constitution was yet to be ratified by the conventions of the several States. When the North Carolina Convention met at Hillsborough, July 21, 1788, a formidable opposition was arrayed against its adoption, headed by Willie Jones, David Caldwell, Judge Spencer, and others. The friends of adoption were led by James Iredell, a remarkably able man, and Colonel Davie, aided by Spaight, Maclaine, Steele, and others. The adoption of the Constitution was at that time defeated. After its subsequent adoption by North Carolina, President Washington tendered the appointment of United States District Judge to Davie, who declined it. Colonel Stokes was appointed, but, soon dying, John Sitgreaves was appointed, probably through Davie's influence. He had married his wife's sister.

By his wife he had acquired a valuable plantation near Halifax, which he took pleasure in cultivating, and he evinced a deep interest in introducing there a better system of farming. His enterprise and public spirit procured the organization of a company for the proposed drainage of Lake Scuppernong.

A friend of education, in 1786 he obtained from the General Assembly the charter of Warrenton Academy, and had himself, with Willie Jones, Thomas Person, Benjamin Hawkins, and other prominent men named as the board of trustees. He was chosen repeatedly, except when his private business constrained him to decline an election, to represent the borough of Halifax in the House of Commons. He served thus in the years 1786, 1787, 1789, 1791, 1793, 1794, 1796, and 1798. He was the real founder of the University of North Carolina, and is so styled in the journal of 1810 of that institution, and well deserved to be so called. Judge Murphy bears this testimony: "I was present in the House of Commons when Davie addressed that body (in 1789) for a loan of money to erect the buildings of the University, and, although more than thirty years have elapsed, I have the most vivid recollection of the greatness of his manner and the power of his eloquence upon that occasion. In the House of Commons he had no rival, and on all questions before that body his eloquence was irresistible." He procured the act of incorporation to be passed in 1789, and other aid, and was always a fostering friend.

The opposition to all the measures in favor of the University was great. The cry of "economy" and the fear expressed that the institution was one step towards the founding of an aristocracy made it difficult to carry any measure through. Gifted with less tact, with less eloquence or with less popularity, Davie must have failed. The institution is no less a monument also to his public spirit, boldness, and foresight. He was a member of the first board of trustees. The selection of a site for the University, the superintendence of the erection of the buildings, the choice of professors, the arrangement of a course of studies, the adoption of regulations, the maintenance of discipline engaged his personal and active attention. Truly he might have exclaimed "Exegi monumentum aere perennius." The course of studies adopted at Davie's instance in 1795 was the "optional" system which now generally obtains. In this he anticipated the course of other colleges full fifty years. When Dr. David Caldwell was elected President this was set aside and the old iron-bound curriculum was adopted and remained in force eighty years.

On December 9, 1787, in the town of Tarboro, the Free Masons of this State organized the Grand Lodge of North Carolina. At that meeting many of the most distinguished men of the State attended, Colonel Davie among them. Governor Johnston was elected the first Grand Master of North Carolina, and Governor Caswell the second. Davie was elected Grand Master in December, 1792, and was successively reelected for seven years. In that capacity he laid the cornerstone of the University, October 12, 1793 (the old East Building), and on April 14, 1798, he laid the cornerstone of the South Building at the same place.

The project of a digest of the laws was brought forward by him, and the appointment of Judge Iredell, the accomplished jurist, to do the work, was made at his suggestion. The cession of the territory which now forms the State of Tennessee was effected mainly by his influence. In 1791 he was appointed by the Legislature one of the three commissioners to establish the unsettled part of the boundary between this State and South Carolina. He was again elected for the same purpose in 1796, and again in 1803. None of these commissions, however, were successful.

In 1794 he was commissioned by Governor Spaight to be Major-General of the Third State Division, in view of the likelihood of war with France. Congress, by the Act of June 24, 1797, directed an embodiment of troops from the several States. The number to be raised by this State under the act was seven thousand two hundred and sixty-eight, and in September of that year Davie was appointed by Governor Ashe Major-General to command this detachment. As matters became more serious, Congress, in May, 1798, authorized a provisional army of the United States of ten thousand men, and in this he was appointed a brigadier-general by President Adams, July 17, 1798, and was confirmed by the Senate on July 19th. Of this army Washington was made commander-in-chief, and he, in effect, committed to General Davie the selection of the officers for that part of the troops which should be raised in this State. In the same year General Davie prepared a system of cavalry tactics which was adopted by the Legislature and ordered to be printed. A copy of this is now in our State Library.

General Davie came out of the war with the first military reputation in the State, and these successive appointments, so many years after, prove that North Carolina still turned to him as her greatest soldier.

Just at this time, singularly enough, when in the receipt of high honors, State and national, his election for the borough of Halifax was first endangered. The circumstance is thus stated in a private letter from that town, written in August, 1798: "The 'true whigs,' as they styled themselves, dined together under the oaks and toasted Mr. Jefferson. The other party, who were called 'aristocrats,' ate and drank in the house on entirely different principles. General Davie dined in the house with the 'aristocrats.' The 'true whigs' took offense at this and resolved to oppose his election, and it was only with much address that they were kept quiet." The writer adds: "If any person had had the impudence to dispute the election General Davie would certainly not have been returned. The rabble, which in all places is the majority, would have voted against him."