Illl^'f J] 'III It ^ Mil iii I ii'i jiif'.'., ';4::n;i';'.'4i'f'|,ji!i '•'i$MSi Mi^Mw ?608Sg?00Z0068 -/w tnefiii^u^tif a.Coliigeh.i^^ht^^ 1796-1866 From a portrait by William Garl Broune, 1859, in possession of John Motley Morehead III, Rye, N. Y., showing the charter of the North Carolina R. R. in his right hand John Motley Morehead and The Development of North CaroHna 1796-1866 By BURTON ALVA KONKLE AUTHOR OF "The Life and 'Writings of James 'Wilson," etc. WITH An Introduction BY HON. HENRY G. CONNOR, LL.D. Judge of the United States District Court, Eastern District of North Carolina WILLIAM J. CAMPBELL PHILADELPHIA 1922 Copyright, 1922 By Burton Alva Konkle PRINTED IN U.S.A. PATTERSON A WHITE CO. PHILADELPHIA to Walter Roy Konkle a courier to the front lines IN THE THIRTY-SECOND DIVISION AT CHATEAU-THIERRY Contents Chapter I. Chapter II. Chapter III. Chapter IV. Chapter V. Chapter VI. Chapter VII. Chapter VIII. Chapter IX. Chapter X. Chapter XI. Chapter XII. Chapter XIII. Chapter XIV. Chapter XV. Chapter XVI. Chapter XVII. A Son of the Piedmont, 1796 1 Under Three Great Teachers, 1811 12 Love as Well as Law, and "Quiescere non Possum," 1819 36 Lost Atlantis' Legacy of Problems to North Carolina SO Morehead Attacks the Educational and Con stitutional Problems, 1821 63 Other Problems Follow, 1822 76 Measures for Development and Its Organ, a New Constitution, 1828 101 Revision of the Constitution and Transfer of Political Power to the West, 1835. 144 Morehead and the Rise of the Whig Party in North Carolina, 1836 170 A Whig Leader and Governor and the First Railways, 1840 199 The Same Continued, 1842 225 A National Whig Leader, a Presidential Pos sibility and President of the National Whig Convention, Philadelphia, 1845. 273 His Campaign to Unite East and West North Carolina by Railroads, 1849... 294 President and Builder of the North Caro lina Railroad, 1850 308 Building the Eastern Extension and, an Ocean Port, and Whig Leadership, 1856 324 He Enters the Assembly to Defend and Ex tend the Railway West and North. A Great Vision of Transportation, 1858. 345 Defender of the Union in the State Senate and National Whig Convention, 1859. . 363 Chapter XVIII. The Peace Conference : Governor More- head's Last Efforts to Preserve the Union, 4th February, 1861 374 Chapter XIX. In the Confederate Provisional Congress, Richmond, July, 1861-February, 1862. 386 Chapter XX. The Closing Years of "The Father of Mod ern North Carolina," 1862-1866 399 Illustrations I. Frontispiece: John Motley Morehead I. II. Maps of the Piedmont and Roanoke Valley.. 1 III. Maps of Virginia Counties Created, 1634 to 1675, with Kent Island 2 IV. Maps of Virginia Counties Created, 1671 to 1733 4 V. Maps of Virginia Counties Created 1734 to 1748 S VI. Lauchope House, Lanarkshire, Scotland 6 VII. "Old South HaU" and Dialectic Society, Uni versity of North Carolina 24 VIII. Map of North Carolina, with places men tioned. 1819 36 IX. Archibald DeBow Murphey 42 X. Book-plate of John Motley Morehead 49 XI. Maps Showing the Origin of North Carolina, 1665 to 1695 54 XII. Maps of North Carolina County Development, 1696 to 1749 56 XIII. State Capitol at Raleigh, 1794^1831 64 XIV. Map of North Carolina, showing what is now Tennessee, 1783 68 XV. Map of North Carolina, showing East-West and Valley Divisions, 1821 74 XVI. "Blandwood," the Morehead residence, Greensboro, in 1921 80 XVII. First "Carlton" letter, heading and signature, 1827 92 XVIII. Joseph Caldwell 96 XIX. The Original Cotton Mill of Mr. Morehead at Leaksville ( Spray) , N. C 104 XX. Map of North Carolina, showing Eastern Counties that joined the West, 1831 110 XXI. Map of North Carolina, showing vote for, and ratification of the new State Consti tution, 1835 168 of James Wilson, and my David Lloyd and the First Half- Century of Pennsylvania were ready for press and hence delayed. My George Bryan and the Constitution of Penn sylvania was then produced, and was issued in the spring of 1922, while the present volume appears in the following autumn. It is the purpose of the writer to issue the Lloyd in the spring of 1923 and a new work Thomas Willing and the First Half-Century of American Finance the fall of that year, to be followed by the six-volume Life and Writings of James Wilson, and following that William Wilkins and the Rise and Fall of Democracy in Pennsylvania. The process sounds much Hke a bombardment, which, as the congestion of issue is due to the great war, may be consid ered perfectly natural. In preparing the Morehead and its study of the great state of North Carolina, many delightful friendships and cour tesies should be mentioned if they were not so numerous. A few must certainly be recognized, and first among them are those of my friend Major John Motley Morehead III, the distinguished scientist and engineer of the Union Carbide and Carbon Corporation of New York, grandson of the sub ject of this volume, who, although not a resident of the state for nearly thirty years, has become one of her honored sons, a discoverer of that notable product acetylene gas, as his equally distinguished father, James Turner Morehead, was of carbide. Major Morehead issued his own beautiful vol ume. The Morehead Family of Virginia and North Carolina in 1921, and his encouragement made the present volume possible. In Raleigh the helpfulness of Chief Justice Walter Clark, Professor R. D. W. Connor, Dr. D. H. Hill, Mr. R. B. House, Col. Fred Olds, Col. J. Bryan Grimes, and others of the Historical Commission; Marshall Delancey Haywood of the Law Library; Justice Hoke of the Supreme Court; Governor Morrison, Judge H. G. Connor of the United States Court; Col. Samuel A. Ashe, clerk of that Court; Miss Mary Hilliard Hinton ; Mr. W. D. Self, clerk of the State Corporation Commission; Mrs. H. S. Gay; and last, but by no means least. State Librarian, Miss Carrie Brough- ton, and her efficient and courteous staff to whom the writer is greatly indebted for aid in his long work in that insti tution. In Greensboro also the aid of Mrs. Joseph M. Morehead, her son James T. Morehead, Esq., Mr. Victor C. McAdoo, John Michaux, Esq., Judge Wm. B. Bynum and Librarian Nellie C. Rowe and her staff of the Public Library and former Librarian, Miss Caldwell, must be ac knowledged; as well as that of Mr. and Mrs. B. Frank Mebane, and Senator and Mrs. Walker of Spray ; and Mrs. W. T. Harris of Danville, Va., as also Mr. and Mrs. Lindsay Patterson of Winston-Salem; John M. Morehead, Esq., of Charlotte; J. Lathrop Morehead, Esq., and Professor Boyd of Trinity College, Durham ; Dr. J. G. de Roulhac Hamilton of the University of North Carolina; William Henry Hoyt, Esq., of New York; Mrs. J. Allison Hodges; Miss Emma Morehead Whitfield and Mr. Morgan P. Robinson of Rich mond, Va., and Mrs. Gen. R. D. Johnston of Winchester, Va., cannot be passed by. Among these, the writer is es pecially grateful to Professor Connor and Mr. House for patient criticism of the text. He has also to express warm appreciation of the willingness of his valued friend. Judge Henry G. Connor, to write the introduction — a man of whom Bishop Cheshire has recently so beautifully said — "He stands so high that no man can be put above him and few on his level." Finally, a word about the maps : These are chiefly new, prepared by the author from the best available sources, and, where originals do not exist, by a constructive process based on the principle that if a county is wholly derived from an other county the latter must have contained the former — the only mode by which an approximate map of some counties can be obtained. The maps are designed for illustration of the text, however, not as minute and ultimate authorities, even though they have aimed at accuracy. That some fron tier counties were created to extend to the Pacific ocean illustrates the vague notions of geography and the varying extent of British claims westwardly at different periods, not necessarily the legal bounds. BURTON ALVA KONKLE. SWARTHMORE, 30th January, 1922. Introduction As the result of repeated efforts by the people of Western North Carolina to secure amendments to the Constitution of 1776, a Convention composed of two delegates from each County, met at Raleigh, June 4, 1835. The members of this Convention were instructed by the Act, pursuant to which the people ratified the call, to reduce the number of Senators to not less than thirty-four nor more than fifty, to be elected by Districts composed of Counties in proportion to the amount of public taxes paid into the Treasury of the State by the citizens thereof, and to reduce the number of the House of Commons to not less than ninety, nor more than one hundred and twenty, to be elected by Counties or Dis tricts according to their federal population, each County to have at least one member of the House of Commons. The adoption of other amendments was committed to the dis cretion of the Convention. The demand for a change in the basis of representation had, for more than thirty years, been a subject of deep concern, and at times intense feeling, to the people of the Central and Western Counties. The County system prevented making this and other changes necessary to bring the organic law into harmony with the growth of the State, and enable the West to secure a system of Internal Improvement with State aid. This aroused the fear of Eastern Delegates that plans would be adopted, fixing upon that Section, where the burden would be heaviest, taxation for the building of railroads and highways. A prominent Western delegate said : "If the West had the power, a system of Internal Improvements would be com menced which would change the face of things and put at once a check to the tide of emigration which is depopulating the State." A leading exponent and advocate of the Eastern view de clared that "Highways, or other modes of transportation, would not benefit the West because nine-tenths of their land is exhausted and not worth cultivation, contrasted with hundreds and thousands of acres brought into market in the Southwestern States." Swain, Morehead and other Western delegates, with Gaston from the East, led the contest for the change. Gaston discussed, with the ability and broad patriotism which always marked and controlled his course in dealing with every question, the origin and history of the contro versy. The struggle of the strong men of the East and the West, who were called upon to settle this question, the merits of which are so clear to us now, resulted in the adoption of the Report, fixing the number of Senators at Fifty, elected from Districts formed upon the basis of property and tax ation and the members of the House of Commons at One Hundred and Twenty, based upon Federal numbers — each County having at least one member, the remaining members being apportioned among the larger Counties. This plan was adopted by a vote of 75 to 52, the negative vote coming from the East. A sufficient number of Eastern delegates, under the leadership of Gaston, joining with the West, carried the question. It is impossible to understand the "de velopment of North Carolina" from 1835 to 1860, unless we read the Debates in the Convention of 1835. Morehead, as the advocate and wise leader of those policies, was elected Governor in 1840 and again in 1842. He was among the earliest, most enthusiastic and influential founders of the movement which culminated in the con struction of the North Carolina Railroad and' a system of roads extending from Beaufort to Charlotte and from Salis bury to the Tennessee line. The story of the labors of Governor Morehead, to whom the title has been given of the "Architect and Builder of Public Works of North Carolina," is intensely interesting and stimulating to patriotic pride. This story is most inter estingly told by Mr. Konkle in the following pages. Recalling the pessimistic utterances of the reactionary sentiment of members of the Convention of 1835, we see the reahzation of the vision of Governor Morehead, Gaston and those who co-operated with them, as eloquently and truth fully described by one who has made a study of our history : "The traveler today, along the line of the North Carolina Railroad, sees the fulfilment of Morehead's dream. He finds himself in one of the most productive Sections of the New World. He traverses it from one end to the other at a speed of forty miles an hour, surrounded by every com fort and convenience of modern travel. He passes through a region bound together by a thousand miles of steel rails, by telegraph and telephone lines and by nearly two thousand miles of improved country roads. He finds a population engaged not only in agriculture, but in manufacturing, in commerce, in transportation and in a hundred other enter prises. He hears the hum of hundreds of modern mills and factories operating millions of spindles and looms by steam, water, electricity, employing more than fifty millions of capital and sending their products to the uttermost parts of the earth. His train passes through farm lands which, since Morehead's time, has increased in value more than ten fold, producing ten times as much cotton and a hundred times as much tobacco. From his car window he sees a thousand modern schoolhouses, alive with the energy and activity of one hundred thousand school children. He passes through cities of twenty to thirty thousand and towns of five to ten thousand inhabitants. Better than all, he finds himself among a people no longer characterized by lethargy, isolation and ignorance, but bristling with energy, alert with every opportunity, fired with the spirit of the modern world and with their faces steadfastly set to the future. The foundation on which all this prosperity and progress rests is the work done by John M. Morehead or inspired by him." But my office is to introduce the author and invite the reader, who would know the mental, moral, political and social qualities and characteristics of the "rare individual, both architect and contractor, both poet and man of action, to whom is given the power to dream and the power to exe cute," of whom Mr. Konkle has made a thorough sympa thetic study and of whom he has preserved a faithful and most interesting history to a closer acquaintance with his hero. Mr. Konkle has, by a careful, intelligent 'study of our records, made a permanent and most valuable contribu tion to the history of the State of North Carolina and her people. H. G. Connor. Map of the Piedmont Prepared by the author Map of the Koanoke Valley Prepared by the author A Son of the Piedmont 1796 If on July 4, 1796, the Goddess of Liberty had already surmounted the dome of a Capitol and a Washington, yet to be, on the banks of the Potomac; and she could have raised to her eyes a seven-leagued field-glass and looked with superhuman view to the southwestward and beheld a strip of land about one hundred miles wide, lined with Appalachian foot-hills on the right and the water- falls of every river that crossed it on the left, generally about a hundred miles back from the ocean, and extending through four states and into Alabama at Montgomery — the capi- toline deity would have covered in her purview a region that has a peculiar character and has acquired exclusive possession of the name "Piedmont."^ And in her fore ground, her glass would have easily picked out, among more than a score of rivers that cross it, with their rich valleys, one among the most rich and most extensive, in its wind ings, lacing together the two states of Virginia and North Carolina, prefiguring a time to come when bands of iron should replace it. This rich region is the valley of the Roanoke, which lies like a great wallet full of treasures toward the foot-hills, with its neck ready to pour them through Carolina into the Albemarle, if she should have a port to receive it or the water- falls did not choke the passage. And could so extensive a view permit the Goddess to see things more minute, she would have witnessed, in the very heart of the upper part of the valley in the lands between the lower two of three great tributaries, the Dan and Banister ^ Technically, the name Piedmont is applied only to the western half; but the line of separation is so indefinite that the name is often applied to the whole. 2 JOHN MOTLEY MOREHEAD rivers, on a farm in Pittsylvania county, Virginia, near the Carolina border, the birth of a farmer boy, John Motley Morehead, destined to be one of the great figures of Pied mont and national history. His grandfather, Joseph Morehead, had been attracted by the fame of the Roanoke Valley, from the ancient home of the family in the head of the Piedmont, just below the site of the future national capital, a region that was also the head of that great peninsula between the Potomac and the Rappahannock more commonly known by the not euphoni ous name of "Northern Neck" — a region made famous as the birth-place of a Washington, Madison, Monroe and a Marshall. Indeed the great Chief Justice was born only five years before John, the youngest son of Joseph More- head, and father of our subject, and equally near in the same territory in Fauquier county, the latter's birth occur ring on May 9, 1760. Joseph had named this son after his aged father, John Morehead I, who had pioneered, like the Washingtons, with the creation of successive counties as settlement progressed up the "Neck," from his birth about 1689 in the old original Northumberland county, to, King George county created in 1720, to Prince William erected ten years later, and finally tO' Fauquier, created just the year before his grandson name-sake was born. The tale of how John Morehead I came to be born at the foot of the "Northern Neck" is one of the most romantic in American annals.^ The father of John Morehead I, was Charles Morehead (or Muirhead), who is said to be a younger son of David Morehead, or, as he himself spelled it, David Muirhead, the distinguished London and Edin burgh merchant and colonizer, who appears, in 1630, to have sent this son, Charles, over to Charles I's newly organized colony of Virginia, as a factor at Kecoughtan (now Hamp ton), where Secretary of State William Claiborne was a most enterprising figure, and for three years had been officially designated to explore new lands for colonizing purposes. ^ For fuller detail see the beautiful volume. The Morehead Family of North Carolina, and Virginia, by Major John Motley Morehead (III) of New "York City, issued in 1921. (1) Counties Created in 1634 "Virginia Counties C( Prepared | Kent Island is shown on Msjf TED FROM 1634 TO 1671 . the author fo. 1 in Upper Chesapeake Bay SON OF THE PIEDMONT 3 On one of his exploratory voyages northward, he was at tracted to the largest island in the Chesapeake as a coloniz ing proposition and named it Kent Island, then far within the bounds of that colony and opposite the present site of Annapolis. Forthwith he went to London and on May 16, 1631, secured a commission from Charles I, enlisted the capital of a few merchants as partners, one of whom, Thompson, had been a factor in Kecoughtan, and one Cloberry owning most of the stock; and finally Captain Claiborne, later in May, set out to buy Kent Island from the Indians and begin settlement. This was the first of many successive expedi tions to the Kent Island colony; but within a year, Lord Baltimore, whose St. Lawrence colony had failed, persuaded His Catholic Majesty, Charles I, to give him the upper part of Virginia above the Potomac, which, to the consternation of the Kent Island owners, would place them under Balti more, or confiscate all their laborious and expensive col onization. The vacillation of Charles I, which, was to yet cost him his head, precipitated a contest which covered sev eral years and made civil war on the Chesapeake between the Kent Island company and Baltimore's new colony of Maryland. Merchant Cloberry was the only one of Cap tain Claiborne's company who was not discouraged at the prospect, and in 1634, when Baltimore's first colony arrived, he bought out the timid ones, and found more doughty partners in David Morehead and one or two others. They sent one of the partners, George Evelin, over to handle the matter diplomatically if possible; but Captain Claiborne was for war, not diplomacy, and the war continued in one form or another for a dozen years, long after the death of David Morehead, which occurred in September, 1642. Five years after his death, however, in 1647, the colony sub mitted to Lord Baltimore, although echoes of the conflict, legally, continued down to at least 1677. Meanwhile the Crown seemed inclined to grant com pensatory lands in Virginia; and Claiborne and others re ceived estates in that part nearest the Maryland colony, namely, in the new county of Northumberland, covering all 4 JOHN MOTLEY MOREHEAD of the "Northern Neck" westward to the Pacific Ocean, and about half of the next peninsula below the Rappahan nock, which was created about three years after David Morehead's death. Just how soon after this Charles More- head moved up from Kecoughtan to his new lands in North umberland county cannot be known, because of destruction of necessary county records in 1711, about six years after his will was probated by his eldest sons, who became execu tors, among other children, for his youngest son, John Morehead I, a child of his latest years, in the region of the Great Wicomico river near Heathsville. The Morehead family, therefore, had been in Virginia for one hundred and sixty-six years, when the birth of John Motley Morehead occurred on the nineteenth anniversary of the Declaration, in the second administration of the first great Piedmont President of the "Northern Neck," George Washington. But if the tale of their settlement in Virginia was ro mantic, it was not more so than the career of the family in Great Britain, whom Sir Walter Scott celebrated in his Minstrelsy of the Scottish Border, the valiant defender of the King, John Muirhead of Lauchope and Bullis, in the ballad entitled : "THE LAIRD OF MUIRHEAD "Afore the King in order stude The stout laird of Muirhead, 'Wi' that same twa-hand muckle s"word That Bartram fell'd stark dead. "He sware he "wadna lose his right To fight in ilka field; Nor budge him from his liege's sight. Till his last gasp should yield. "Tvva hunder mair, of his ain name, Frae Torwood and the Clyde, S"ware they -would never gang to hame, But a' die by his syde. "And wondrous weel they kept their troth; This sturdy royal band Rush'd down the brae, wi' sic a pith. That nane could them withstand. Virginia Counties I Prepared Where western limits were indefinite they were ai according i -l-lful--^ D FROM 1672 TO 1733 ,e author , and sometimes stated to be to the Pacific Ocean inial claims (10) 1741-1748 Virginia Counties Created from 1734 to 1748 Prepared by the author Halifax, 1752, west of which Pittsylvania was created, and Fauquier, 1759, are also indicated SON OF THE PIEDMONT S "Mony a bloody blow they dealt. The like was never seen; And hadna that braw leader fall'n. They ne'er had slain the King." The King, in this case, was James IV, and the battle, that great one on the Flodden spur of Cheviot Hills, of Sep tember 9, 1513, so graphically described in the sixth canto of Marmion; while John Muirhead, the Laird of Lauchope and Bullis, was the officer in charge of the Crown lands of Galloway and his clan body-guard of the King, and thus lost his life against the forces of Henry VIII. This Laird's father, who died seven years before, had been Knighted by King James IV, Sir William Muirhead of Lauchope, and his grandfather knighted by Richard III shortly before 1485, the first Sir William Muirhead of Lauchope; while, during Columbus' voyages, one of the Muirheads, Dr. Richard, was Secretary of State and, twenty years before, another was Bishop of Glasgow. The clan began in Clydes dale before 1122, over four hundred years before the "Laird of Muirhead" slept on Flodden Field with his King, and Lauchope House had a new master, and what was left of the clan, a new head. Lauchope House, located some eleven miles eastwardly of Glasgow in Lanarkshire, Bothwell Parish, about a mile northeastwardly of Hollytown, was rebuilt in the early half of the nineteenth century, "an old mansion," "elegant" and "tastefully embellished," "a tower-house with walls of re markable thickness," "the seat of a very ancient family, the parent stem of the Muirheads," and "gave refuge on the eve of his flight from Scotland, to Hamilton of Bothwell- haugh, Murray's assassin at Linlithgow (1570)" in loyalty to Queen Mary Stuart, and to the Hamiltons, with whom the Muirheads inter-married.^ The old Muirhead mansion is still one of the beautiful country seats of Scotland, as it was a tower of strength in the days of the Scottish Chief who fell on Flodden Field. For when John Muirhead I, of Lauchope died his son ^ Lewis Topographical Dictionary of Scotland, 1846; Groome's Ordinance Gazetteer of Scotland, 1903; and Muirhead's Life of James Watts. James Watts, the famous engineer's mother was Agnes Muirhead, before her marriage. 6 JOHN MOTLEY MOREHEAD John Muirhead II became head of the clan and master of Lauchope House ; but it was the great-great-grandson of the hero of Flodden Field, James Muirhead II who had oc casion again to bring disaster on his house and clan by his doughty strokes as a leader of unsuccessful Covenanter rebels who were proclaimed exiles in 1579, and thereby brought practical ruin on the family estates. Indeed he was so dangerous to the Crown that his son, James Muirhead III, of Lauchope, and other relatives had to go on his bond to keep the peace for the remaining thirty years of his life ; and this son was the last of his direct line to own Lauchope House. It was a younger son, David Muirhead, born at Lauchope House, whose grandson, David Muirhead (III) became the distinguished London and Edinburgh merchant and colonizer of Virginia lands in the 1630s through his younger son, Charles of Northumberland county and the "Northern Neck," and the latter, thereby, brought into common use the Anglicized form of the name Morehead, which came to prevail throughout the "Northern Neck" and the Piedmont. As in Scotland, the Moreheads inter-married with well- known Virginia and Maryland families, Charles' grandsons, Charles and Joseph of Fauquier county, both married daughters of a revolutionary heroine, Keren-happuch (Nor man) Turner, who, like Molly Pitcher and Hannah Dustin, is immortalized in a statue; in her case, it is on the battle field of Guilford Court House, near Greensboro, N. C, to celebrate the long horse-back ride from Maryland to act as nurse to her own and others wounded in that famous action.' One of her grandsons, under General Greene, was John Morehead, born in Fauquier county, Virginia, on May 9, 1760, as had been said, and he was married in 1790 to Miss Obedience Motley, a daughter of Captain Joseph Motley, a Church of England Welsh planter and trader of Amelia county, Virginia. Miss Motley, born in 1768, also had heroic and tragic experiences in that conflict: her father was a captain under Colonel George Washington in the French 1 It is related of her that she improvised what amounted to the modem ice pack to keep fever down, in the form of a mode of dripping cold spring water over the wounded. .i:''!^,:;:^ Lauchope House in 1921 In Lanarkshire, slightly northeast of Hollytown, Scotland, ancient seat of the Muirheads SON OF THE PIEDMONT 7 and Indian Wars, and was present at Braddock's defeat, while six of her brothers were soldiers of the Revolution. As a child, she witnessed in the temporary absence of her father, the treachery of a Tory neighbor, who was leading a guerrilla warfare, and, deliberately cut an artery in the arm of her sick mother, lying in bed with an infant, so that she bled to death before aid could reach her; while some years later she heaped coals of fire on the head of her mother's murderer, by nursing him when he was accidentally brought to her home in a serious illness. She often told of her old nurse, to whose care this tragedy consigned the care of the young children: Rachel "had been an African Princess, and, being sent one day to drive the birds from the rice fields, was suddenly kidnapped, a bag thrown over her head, and herself carried away captive and sold as a slave in America. She was faithful and kind and became a real mother to the ten children when left to her care. There was a boy also, from Africa, among the slaves, and they talked with each other in their language. He often said he would go back to his people, for whom he sighed. One morning he was found hanging to a tree in the yard and Rachel explained that he had gone to his own country. The children wept for him, and only Rachel, whom they loved devotedly, could console them. She had flowers tattooed on her breast for beauty."' Miss Obedience, like her sisters, learned to spin and weave their clothes and the household cotton and linen. It was she who was one of John Morehead's pupils when, on one occasion, he was teaching the young people dancing and he was so worried by her that he laid his bow on her shoulder and remonstrated with her — and made her his wife. They were a great contrast : he was versatile and many-sided; could officiate as a squire and marry people, pray with the sick and dying, preach a sermon of good Presbyterian doctrine, was a poet, a soldier, a planter, fond of the chase and social life. He hated slavery and tried to take measures against it; and has been described as a ^ The Morehead Family of North Carolina and Virginia, by Major John Motley Morehead of New "Y'ork, pp. 104-5, in the State Library, Raleigh, N. C. 8 JOHN MOTLEY MOREHEAD man far ahead of his times, in morals and intelligence. Many stories are told of him, even yet. His young wife was more disciplined and practical; and when he thanked Providence for whatever was sent, joys or afflictions, and she remarked she believed he "would thank the Lord if he broke a leg." "Yes, Biddy," said he with a smile, "I would, because it wasn't my neck !" His parting benediction when a child left home was : "Remember, child, death be fore dishonor." When about eighteen he joined the Revo lutionary Army under General Greene, and was in the battle of Cowpens, but was on a war prisoner's detail during the battle of Guilford Court House. His old wooden cask- canteen may yet be seen in the Museum on the battle-ground, now a National Park. It was not until 1790, when he was thirty years old, that he was married to Miss Motley, who was herself but twenty-two, and they made their new home where "Windsor," the home of Samuel Wilson now is near the Henry County line, not far from the Dan River in Pittsylvania county, also near the North Carolina line, west of Danville.^ They lived there but eight years, however, while daughters came and their first son, John Motley More- head, was born, as has been said, on July 4, 1796. Their eyes had been turned longingly to a fertile section slightly south of them, just over the North Carolina line. Over a half-century before, in 1733, "Colonel William Byrd of Westover in Virginia, Esquire," a famous early surveyor and gentleman of the old school, wrote of it as "The Land of Eden," in which he had "a fine tract." He tells of cross ing the Dan river "about a mile and a half to the westward of the place where the Irvin [river] runs into it," and pass ing over a barren highland, "on a sudden the scene changed and we were surpriz'd with an opening of large extent, where the Sauro Indians once lived, who had been a con siderable nation. But the frequent inroads of the Senecas annoy'd them incessantly, and obliged them to remove from this fine situation about 30 years ago. ... It must have been a great misfortune to them to be obliged to aban- 1 This location is furnished the writer by Mrs. Joseph M. Morehead of Greensboro, N. C. SON OF THE PIEDMONT 9 don so beautiful a dwelling, where the air is wholesome, and the soil equal in fertility to any in the whole world. The river is about 80 yards wide, always confined within its lofty banks, and rolling down its waters, as sweet as milk, and as clear as crystal. There runs a charming level of more than a mile square, that will bring forth like the lands of Egypt, without being overflow'd once a year. There is scarce a shrub in view to intercept your prospect, but grass as high as a man on horse-back. Toward the woods there is a gentle ascent, till your sight is intercepted by an emi nence, that overlooks the whole landscape. This sweet place is bounded to the east by a fine stream call'd Sauro Creek, which running out of [into (?)] the Dan, and tending westerly, makes the whole a peninsula. I cou'd not quit this pleasant situation without regret, but often faced about to take a parting look at it as far as I could see, and so indeed did all the rest of the company."^ And one of their younger sons, who became a lawyer, scholar, and poet, years later, celebrated the region they chose near here in a poem of great beauty, entitled the Hills of Dan, in one verse of which he says : "The world is not one garden spot. One pleasure ground for man; Few are the spots that intervene, Such as the Hills of Dan."= And this spot which they chose, some five miles from the old home, and not far from the present site of Spray, Rockingham county. North Carolina, southwestward of Dan ville some twenty-five miles, they settled upon in 1798 when their son, John Motley, was a baby of two years.' Here ^ The Writings of Colonel William Byrd, of Westover, in Virginia, Esqr., edited by John Spencer Bassett, 1901, pp. 306-7. This beautiful spot, now called "The Meadows," is part of a large estate of many thousand acres, owned by Mr. B. Frank Mebane, of Spray, whose wife is a great-grand-daughter of John and Obedience Motley Morehead. ^ The Hills of Dan, by Abraham Forrest Morehead, 1834, who, as he wished in the poem, does rest in the little family burial ground a few yards from the site of the old farm-house in which he was bom, opposite what is now the Powell Store and "Corners," in Rockingham County, a few miles from Spray. The old farm-house was burned after his father's death and John Motley More- head built a new one for his mother, which still stands. ' John Morehead, I am informed by Hugh R. Scott, Esq., of Reidsville, bought 200 acres on Horse Pen Creek, on May 29, 1798; 100 more the same year on Wolf Island Creek Fork; 100 more on February 14, 1799; and then numerous other tracts — all not far from Dan River on these various creeks. 10 JOHN MOTLEY MOREHEAD they reared a family of five daughters and four sons, of which latter, John Motley was the eldest. Like Presby terians generally, John Morehead and his family made much of religion and education. He, himself, built Mt. Carmel Presbyterian Church near his home and often, as has been intimated, he also did the preaching. They early determined likewise that their four boys should have a college education and then should teach their sisters in return ; and not only so but that the older boys should aid the younger. It is doubtful if ever a family were a better example of what can be done in the home as a nursery of higher education ; and who can tell how much this plan of John Morehead's country home has influenced the educational history of the State ? One need not go much further than this to account for the educational philosophy and motive that the eldest son came to have after he had had a share in teaching both brothers and sisters in it; and the process was certain to make him not merely senior, but the recognized head of the family as the children grew to manhood and womanhood.' While the primary instruction was proceeding in the home, John Motley had, in 1810, become fourteen years old, and, as Latin was the Apollyon which aspirants for higher education must first overcome and no academy existed in Rockingham county, at the time. Squire Morehead persuaded his neighbor's son, Thomas Settle, a young man of nineteen, who had studied Latin and Greek a few months in Caswell, the county to the eastward, and was just licensed to practice law in Rockingham, to teach his fourteen year old son, John Motley Morehead, the elements of Latin, at least, during 1810 and a part of the following year, at the county-seat of that county, Wentworth. "And then," said Hon. Thomas Settle, Jr., "between the teacher and his solitary student, commenced a friendship and intimacy which death alone terminated."^ There is no doubt but that this 1 These children were the five sisters and the four brothers, John Motley, bom in 1796; James Turner, bom in 1799; Samuel, who died in 1828, and Abra ham Forrest, whose death occurred in 1834. All but Samuel became lawyers, James Turner being a distinguished one of the State and a Congressman and State Senator. ^ Address before the bar meeting of Guilford County, N. C, in September, 1866. Justice Settle afterwards became a member of the Supreme bench of the State for a quarter of a century. His wife was a sister of Hon. Calvin Graves, of whom the reader will see more anon. SON OF THE PIEDMONT 11 intimate relation between the young attorney and his Latin pupil from the Morehead plantation was to have much to do in determining the choice of profession of nearly all of the sons of John and Obedience Morehead. Certain it is, in that period of tutorship, young John Motley showed him self an apt pupil in the languages and that he got all that young Attorney Settle had to give and more. This result convinced Squire Morehead of the wisdom of taking im mediate measures to put the young fifteen-year-old student in a proper school of higher learning. II Under Three Great Teachers 1811 In the year 1811, in Rockingham county. North Carolina, no one interested in higher education for his son would, for one instant, have to speculate where to find the proper school. Indeed the probabilities are that that very desire for higher learning in this region was largely due to the greatness of the primitive institution of Rev. Dr. Caldwell, not far away to the southward, for here was one of the greatest natural teachers that America has ever produced; and his school had been a famous one for nearly a half- century and that, too, under his own guidance — a North Carolina Eton or Phillips-Exeter and more, for it was prac tically an academy, college and theological seminary with this remarkable teacher as faculty. Rev. Dr. David Caldwell was eighty-six years old in 1811 and still at work. Born in Lancaster, Pennsylvania, in 1725, he graduated from Princeton College the same year that John Witherspoon became President of it, 1761. Li censed as a preacher in 1763, he was sent out as a mission ary, the year of the Stamp Act Congress, into the increasing settlements pressing southward down the Piedmont to North Carolina, and settled as pastor of two Presbyterian Churches, Buffalo and Alamance, in the big county of what became Guilford, three years before it was created in 1770, and his home was about three miles northwest of the present site of Greensboro, which in due time became the county seat. The young minister, now forty-two years old, had married Rachel, the daughter of Rev. Alexander Craighead of Meck lenburg county, and their home became, as has been said, an academy, college and theological seminary ; while in 1768 he was installed pastor of the two churches, one of the new 12 THREE GREAT TEACHERS 13 school and one of the old school, a relation that continued for over a half-century. His home, with himself and wife, became a veritable "seminary" to the whole South; for with a constant stream of boys from that section of the United States, always about fifty in number, he is said to have brought more young men into the learned professions than any one man of his time — lawyers, judges, statesmen, five governors, congressmen, physicians, ministers — nearly all of the Presbyterian ministry of the Carolinas and to the south and west, for many years, being trained in his school. Indeed seven of his pupils were licensed by Orange Pres bytery in one day and only three or four members who admitted them but were also students of the venerable teacher. Nor was he merely a teacher and preacher, but a great man and leader, and he voiced the rising protest against British injustice and stood for the new principles of political science being wrought out in colonial aims at self-government so vitally different from those of the mother country. His home was in the center of that district which sought to secure redress of grievances from the notorious Governor Tryon, under the name "Regulators," and the Battle of Alamance occurred some twenty miles from his school. His influence consolidated the Revolutionary Whigs and he helped frame the Constitution of 1776 at Halifax, North Carolina. He was an intimate friend of the great Philadelphia physician-patriot. Dr. Benjamin Rush, under whom he had studied medicine as an aid to missionary work ; and at the Battle of Guilford Court House, also not far from his home and at the edge of the county-seat yet to be created and named in honor of General Greene, he cared for the wounded of both sides. Lord Cornwallis considered him so great a source of inspiration to those who made this battle so costly that it has been described as having caused the surrender at Yorktown, that the British general camped upon his ground, destroyed his property, even his library, and proclaimed a price of £200 for his arrest. He rebuilt his home and school when the war closed and his last ser vice for the state was in the convention of 1788, in which he opposed the new National Constitution. He was then 14 JOHN MOTLEY MOREHEAD sixty-three years old, and saw the National Constitution adopted by his state in November of the following year; and during the next month a charter was granted for the "University of North Carolina," which had been provided for in the constitution he had helped make in 1776. That he should be oflfered the Presidency of this new University was a matter of course, but he wisely declined it and clung to the great work of his life — which was not half done — for he was destined to almost top a century and was in educational harness until within five of that hundred years.^ That John Morehead and his wife were determined their first son, John Motley, should have the prized advantages of training under such a teacher, and that the sixteen-year- old youth was keenly ambitious to do so, in this year 1811, is borne out by the facts.^ Years later the boy, then become famous, described his and his father's first interview with Dr. Caldwell: "In November, 1811," he writes on August 4, 1852, "my father took me, then in my sixteenth year, with a good common English education, from his residence in the county of Rockingham, to Dr. Caldwell's — a distance of some thirty miles, for the purpose of putting me under his care and instruction. I had heard so much of him as an instructor and disciplinarian, that I had conceived of him as a man of great personal dignity, with a face, the scowl of which would annihilate the unlucky urchin who had not gotten his lesson well. So I approached his residence with ^ Dr. Caldweil died August 25, 1824, in his hundredth year, and his re mains lie in the cemetery of Buffalo Presbyterian Church, of which, with Ala mance, he was pastor sixty years. An adequate formal life of this great man is needed and at some point in the state, since there seems to be no portrait of him, a monument equal to that of any man in the state ought to be erected. Maj. Joseph M. Morehead in a sketch of Caldwell for North Carolina Day, issued by the State Superintendent of Public Instruction in 1907, says Governor Morehead said oi Dr. Caldwell that he was *'a Jack-at-all-trades and good at all." He also indicates that Dr. Caldwell's course in medicine was a "corre spondence course," and, as we know, under Dr. Benjamin Rush. ^ A tradition in the family has it that Mrs. Obedience Morehead was the one determined to educate her oldest son, and through him, the rest, and that she sold enough produce from the farm to do it. One of the songs she sang at her loom had these lines; "I raise my own ham My beef and my lamb. I weave my own cloth And I wear it." It should be added, however, that some attribute most to John's quaUties and some most to those of Obedience; and as usual both are right. It was the imagination of the one and the hard sense of the other that made John Motley Morehead what he was to become. THREE GREAT TEACHERS 15 fear and trembling. We found, a few hundred yards from his house, and near a little mill on a small branch — built rather to serve as a hobby for amusement than for any more practical purpose, an exceedingly old gentleman, bowed down by some eighty-six or seven, winters, enveloped in a large cape made of bear skin, with a net worsted cap on his head (for the evening was cool), and supporting him self with a cane not much shorter than his own body — this was Dr. Caldwell. My fears of him and his authority were at once dissipated. The moment he was informed of our business, he remarked that he had long ago abandoned his school, and had taught but little since, and then only to oblige a neighbor or two ; that he had no pupil at that time, and did not wish to engage in teaching again. My father reminded him of his promise made, many years before, and while he was not teaching, that he would educate his oldest son for him. The Doctor replied jocularly that he did not consider that that promise bound him to live always, that he might comply with it; and that my father ought to have presented his son long since. My father made some answer at which the Doctor laughed heartily, and since in a broad Scotch accent, which he often assumed when he desired to be humorous, or to worry a laggard pupil with a bad lesson — 'Weel mon, we must thry and see what we can do with the lad;' and turning to myself, said — 'But mon, have ye an appetite for reading?' To which I replied, 'I am not very hungry for it.' The answer seemed to please him, and we then proceeded to his house. "I took boarding in the neighborhood, and remained under his tuition until the fall of 1815 (losing a good deal of time, however, from the school), when I went to the University of North Carolina, and was admitted a member of the Junior class. As I had nearly completed the pre scribed course in the languages under Dr. Caldwell, I studied no Latin or Greek at the University, with the exception of Cicero, and that I studied privately. "I was not long in Dr. Caldwell's hands before I became satisfied of his remarkable excellence as a teacher. He had but little to amuse him, except hearing my lessons. I ap- 16 JOHN MOTLEY MOREHEAD plied myself to my studies with great zeal, with which he was much pleased; and often has he made me recite, from four to six hours a day, parsing every difficult word, and scanning nearly every line, when the recitation happened to be in any of the Latin poets. Indeed you could not get along with him, with any comfort, without knowing accur ately and thoroughly everything you passed over. "The Rules of Prosody and Syntax in the Latin, and of Syntax in the Greek, with all the exceptions and notes, seemed to be as familiar to him as the alphabet. His mem ory had evidently failed to some extent; and I have some times found him, on my arrival in the morning, when I was studying the higher Latin and Greek classics, looking over my lessons for the day. He would apologize for doing so, by saying that his memory had failed, and he was afraid I might cork him; meaning that I might ask him questions that he would not be able to answer. Hard words or diffi cult sentences in the various authors that he taught, seemed, for the most part, entirely familiar to him ; and often, when he would ask me for a rule which I could not give, he would attempt to give it; and the phraseology having escaped his memory, he would bother at it, like a man with a tangled skein, searching for the end by which it can be unravelled, until some word or expression of his own would bring back to his memory some part of the rule, and then he would repeat the whole of it with great accuracy. Sometimes, when he could not repeat the rule in English, he would say — 'Weel mon, let us thry the Latin;' and the Latin generally proved to be quite at his command. "Dr. Caldwell's course of studies in the languages — Latin, Greek and Hebrew, as well as in the sciences, was extensive for his day; and the facility and success with which he imparted his knowledge to others, in such extreme old age, was truly wonderful. Towards the latter part of the time I was under his instruction, he had several more pupils, and among them was a student of medicine; and I noticed that he seemed just as familiar with that subject as any other. "During a part of the time I was with him, he found THREE GREAT TEACHERS 17 great difficulty in reading, with the help of two pair of spec tacles ; but his sight returned subsequently, so that he could read the finest Greek print, without any glasses at all. I did not, however, observe much change in his intellect. "In stature I suppose he must have measured about five feet eight or ten inches ; and in his younger days, he prob ably weighed from one hundred and seventy-five to two hundred pounds. He had a well formed head and strong features. He was an exceedingly studious man, as his great acquisitions in various departments of learning proved. The prominent characteristics of his mind were the power to acquire knowledge and retain it, and the power to apply it to useful and practical purposes. By some he was thought to be lacking in originality; but I think this questionable. He certainly possessed a strong mind; but the late day at which his education was commenced, the great extent and variety of his knowledge, and the active pursuits of his life, gave him but little time for that kind of reflection, without which originality of thought is not apt to be developed. "Dr. Caldwell was a man of admirable temper, fond of indulging in playful remarks, which he often pointed with a moral ; kind to a fault to every human being, and I might say to every living creature, entitled to his kindness. He seemed to live to do good. "It would be difficult to duly appreciate his usefulness through his long life. His learning, his piety, and his pa triotism, were infused into the generations of his day. An ardent Whig of the Revolution, he taught his people the duty they owed to their country as well as their God. Well do I remember, when, in 1814, the Militia of Guilford were called together in this town [Greensboro] to raise volunteers, or draft men to go to Norfolk, to have seen the old gentle man literally crawl upon the bench of the Court House to address the multitude, and in fervid and patriotic strains exhort them to be faithful to their country. The sermon had a powerful effect upon the soldiers. As an illustration, I may mention that a Quaker lad, who had been strictly educated in the faith of his denomination, after hearing the sermon, entered the ranks of the volunteers, served his time. 18 JOHN MOTLEY MOREHEAD returned to the bosom of his own church, which gladly re ceived him, and lived and died an honored and esteemed citizen. "From Dr. Caldwell's great age at the time I knew him, and the consequent failure of his voice (never I think a very good one), I could not form a very satisfactory opinion of his merits in the pulpit. All the sermons I ever heard him deliver were extemporaneous. But, if I were to hazzard an opinion in respect to him as a preacher, in the vigor of his manhood, I should say he was a calm, strong, didactic reasoner, whose sermons were delivered with an earnestness that left no doubt with his hearers that he was uttering his own deep convictions, and with an unction that bore testi mony to the Christian purity of his own heart."^ The young student of seventeen, with his year of Latin and his experience in teaching his brothers and sisters, made rapid progress under Dr. Caldwell and was particu larly good in the languages. He was there from 1811 to the autumn of 1815— about four years. It will be well to analyze just what this means, for it does signify a great deal. First it must not be forgotten that this famous school, not unlike the log-cabin days of Princeton, which was its model, had long been, as has been said, "academy, college and theological seminary" to many great men of the day ; and that the young University was still a struggling institution, not quite having "found itself." Young John Motley More- head and his father looked upon it in its old capacity; so that when he had Dr. Caldwell's course for 1811-12 and 1812-13, when a one-time lawyer of this general region, then of Tennessee, named Andrew Jackson, was soon to take part in the War of that year, he was advanced enough to have entered the Freshman year at the University. The decision, however, was to take not only his Freshman, but his Sophomore also, and even half of his Junior year, under the venerable and wonderful Doctor of Divinity, Medicine and Youth, with so wonderful a record as a maker of great ^Annals of the American Pulpit, by William B. Sprague, D.D., 1859, Vol. Ill, pp. 265-7. The letter closes: "Happy in the opportunity of thus bearing an humble testimony to the memory of my venerated friend, I remain, your obedient servant, J. M. Morehead." THREE GREAT TEACHERS 19 men out of boys. One can imagine both father and son weighing the pros and cons as to the respective advantages of taking the rest of the Junior year and the Senior at the old school or the new one. Nor must it be forgotten that young John Motley was not many miles from his home in Rockingham county or that he supervised the studies of his younger brother, James Turner, and his sisters, in subjects which he had completed. As an illustration of what would have been required of him if he had passed examinations in these classes in the University, several years before, he would have taken up preparatory work: Reading, Spelling, Webster's Grammar, Arithmetic to the Rule of Three, Latin Grammar, Cordery (a Latin primer), .^Esop's Fables, and Eutropius, Erasmus, Selectse de Profanis and Vocables, Caesar, Latin Introduc tion, Sallust, Ovid and Vigil's Eclogues, French Grammar, French Fables, Telemachus, Gil Bias, Voltaire and Racine; in Freshman work: Vigil, Latin Introduction, and Greek Testament or Dialogues of Lucian, and the Odes of Horace ; in Sophomore work: Cicero, Geography, Arithmetic, Web ster's Grammar, Syntax and Lowth's Grammar, the Satires, Epistles and Horace's Art of Poetry ; and half of the follow ing Junior work : Ewing's Synopsis, Algebra and Ferguson's Astronomy, or in place of the last mentioned: Junior Al gebra, Euclid, Trigonometry, Heights and Distances, Navi gation and Logarithms.^ There were probably other reasons why John Motley Morehead and his father kept him here so long. The Uni versity was having a reputation for absence of discipline and the students a kind of life that was not to be found in this old school near the scenes of General Greene's and Corn wallis' conflict. Dr. Caldwell, says Dean Charles Le Raper of the University Graduate School,^ "was a thorough scholar and had great tact in managing boys. He knew the correct theories of life and education and had a wonderful faculty in imparting instruction. His mode of discipline was very ^ These, according to Battle's History of the University of North Carolina, were the subjects of those respective examinations about a decade before. Vol. I, pp. 168-9. ' The Church and Private Schools of North Carolina, p. 42. 20 JOHN MOTLEY MOREHEAD peculiar to himself and very effective. He did not use the rod, nor is there any record of his ever having expelled a single student. His scholarship and character commanded their utmost respect. His disposition was of such a unique kind that he would give rebukes and corrections never to be forgotten; and such rebukes never won the ill-will of the pupil towards him. His countenance and manners, calmness and humor won their hearts. He knew how to inspire deep thoughts and great deeds in the boy. This was a school without a single parallel in North Carolina," and he adds that he knew of but one other such in the entire thirteen states. "Think," he continues, "of such a char acter in a log school house, a double-storied one with a chimney in the middle, which was built in his own yard, pouring out his deep life to about fifty boys or young men in those early times of darkness, and this, too, year after year for a long while" — practically a half-century, even allowing for its closing during part of the Revolution. He was beloved and venerated by every student and more than one has made a pilgrimage to his grave. Such was the place that nurtured young Morehead for four profoundly influential years, when he decided, late in 1815, to go to the University of North Carolina and enter soon after Christmas in the middle of the Junior year, or as a "Junior Sophister" half-advanced. This institution, as the State University, had been provided for in the State Constitution of 1776, and chartered, as has been said, in 1789, with the adoption of the National Constitution, and its Presidency was offered to this venerable educator. They had endeavored to locate it, like they had Raleigh, the capi tal, as nearly as possible to the center of the commonwealth. They chose, therefore, a site about twenty-five miles north west of the capital, "as the crow flies," on an elevation of Laurentian granite known as Point Prospect, or, more col loquially, "Piney Prospect," about 500 feet above sea-level and at the crossing of the old highway from Pittsboro to Petersburg, Virginia, and the one from Greensboro, through Raleigh eastward, to Newbern with its river flowing into Pamlico Sound. It was in an oak forest, with a wealth of THREE GREAT TEACHERS 21 springs and even the beautiful rhododendron of the moun tains. At first designing the institution as one long building facing east — one exactly like the well-known institution on Dix Hill, at Raleigh — with a broad avenue from its main en trance to Point Prospect, they first built the north wing, which, when the Princetonians in the faculty became domi nant, gave way to the English Quadrangle plan, so that the north wing became "East Hall," or "Old East," and by 1814 "Old South" facing north on the "Quad," was ready for students as the main building. Into one of its rooms, with four in a room. Dr. David Caldwell's half-advanced "Junior Sophister," John Motley Morehead, a fine big fel low of eighteen and a half years, with the Scotch sandy complexion and hair of his ancestry, was to come about a year or so later.^ When Dr. David Caldwell had declined the Presidency of the University, the trustees, doubtless hoping that he might yet be influenced, did not fill the office but gave execu tive functions to the Faculty, designating one of them as "Presiding Professor." In the very year that young More- head was born, the then Presiding Professor Harris, wishing to be relieved, recommended the calling of a Princeton college-mate of his, graduated the year before he did, named Joseph Caldwell, but of no relation to the great Guilford county teacher. The young Princetonian was a native of New Jersey, a posthumous child of his Scotch-Irish phy sician father, and reared by his widowed Hugenot mother, who saw that he graduated in 1791 with the Latin Saluta tory. Becoming a teacher, young Caldwell was soon re called to Princeton as a tutor, meanwhile studying theology, and securing a license to preach in 1796. He accepted a unanimous call to become Professor of Mathematics at the new institution at the cross-roads of Chapel Hill, and buying a horse and sulky with box under the seat for supplies, he set out on a trip which was to last a month, coming down the Petersburg road onto the campus in the woods on Oc tober 31st, of that year. The primitive conditions dis couraged him but put him on his mettle, and during the 1 Battle's Hist, of V. of N. C, Vol. I, p. 125. 22 JOHN MOTLEY MOREHEAD following month he took up the work of his chair, and also succeeded his predecessor as Presiding Professor. Profes sor Caldwell had experiences in trying to avoid the office of executive, but his striking ability to meet crises in the grow ing University was so effective that, by 1804, the trustees were fully convinced that they had, in Professor Caldwell, not only a great teacher and an able executive, but, what was equally to the point, an educational statesman. It was due to the wisdom of the distinguished scholar, jurist and states man, William Gaston, and another able trustee, Duncan Cameron, that this happy result was brought about. The new office was then first distinguished by the black gown. President Caldwell rose to the occasion and set before him self a new North Carolina Princeton, modifying the ten dencies toward the sciences that had come through influences of General Davie and from the University of Pennsylvania. His progress in gathering a strong and permanent faculty about him was as difficult as the statesmanship that pro duced the physical side of the University; and the efforts to establish discipline and custom were no easier. It is not the purpose to enter greatly into the story of University development, further than to appreciate the influence of this great educator upon his new pupil. One can hardly realize at this distance of time how much of an influence the French thought of Paine, Voltaire and others was, that took advantage of the great democratic movement led by Jefferson. They affected educational, religious and political theory in everything that came up in University life. One man at this time claimed that there was but one or two democrats among thirty trustees. All of this, however, only served to develop the statesmanship of President Caldwell, and he held his own with the ablest opponent. "It is the very nature of a place of public edu cation," he wrote, "to polish and give play to the springs of human action, to spread abroad a desire of information, a spirit of active enterprise, and the instruments of interest, which must, without it, be buried in some distant part of the world." And his theory was exemplified in himself and his policies to a remarkable degree. He had much of the THREE GREAT TEACHERS 23 modern university spirit, like that of Wisconsin, which turned trained thought to development of the state in both theory and policy, and application of the sciences — even though the school was pathetically small at this time. One of his graduates of 1799, Archibald Debow Murphy, at this time a lawyer in Hillsboro, a few miles away, was even then preparing to lead the state in almost every phase of public development according to the fructifying principles of Presi dent Caldwell. The young man was at this very time pre paring to advocate measures of public advancement in a multitude of ways; but, of him, more anon. He had re ceived many of these impulses from his friend the University President and often longed for the academic shades with him. And President Caldwell, in 1810, saw that recognition was given the venerable Guilford county teacher, then seventy-five years old, by the degree of Doctor of Divinity ; and it is interesting, though pathetic, to see that the Faculty consisted of but the President, one Professor and two Tutors. These were critical days in every way, so much so, that in 1812, the President insisted on being relieved of the executive office. At this time, the Raleigh Register described the institution: "In six months the Principal (South) Building will be ready for the reception of inhabitants. There will then be accommodations for eighty students. There will be separate halls for the Dialectic and Philan thropic Societies, one for the library, and a Public Hall for Prayers. Each of the Society libraries contains 800 to 1000 volumes. A society has been recently formed for the study of sacred music. An organ ordered to be built in New York is already finished. Public worship is held every Sunday in Person Hall, which students are bound to attend. The Faculty consists of a President, three Professors and one Tutor. . . . The sessions run as follows: The first from 1st of January to 24th of May. The second from the 20th of June to the 15th of November." The expenses of "diet," tuition, room-rent, servant hire, library, washing, candles and wood, and bed total only $58.50.^ 1 Battle's History of the University of North Carolina, Vol. I, p. 230. 24 JOHN MOTLEY MOREHEAD So he became Professor Caldwell again under President Robert H. Chapman, a "Peace Federalist," who was in augurated in January, 1813, at a time when the college students were in no small measure neither "Federalist" nor tolerant of "peace" with the hated British empire. And they were for the North Carolina Tennessean who was then carrying on a campaign with Georgia Indians, who had been encouraged by the British, and preparing for the ex pected British attack on the Gulf Coast. The unhappy ex periences of General Andrew Jackson in the west during the year did not tend to lessen this feeling, and, just a year later, January, 1814, the "Anti-Federalist" student element made mid-night raids on President Chapman's stable, creat ing for him a horse with hair-less tail, hiding his cart, over-throwing an out-house, secreting his gates, and finally tarring and feathering the gate-post, leaving a written warn ing on the feathery entrance that Toryism in a certain high officer might be dealt with in like manner!' Ex-President Caldwell was in no mood to stand idly by and endure this procedure and he at once, forgeting his legal history, called into use "general warrants" of the state that struck panic to the hearts of students and parents alike. All elements of the student body were examined, most of whom became famous, among them being John Y. Mason, Francis A. Thornton, Thomas J. Haywood, Francis L. Hawks, David F. Caldwell, Charles L. Hinton, Charles Manly, and Willie (pronounced Wylie) P. Magnum. The drastic action of Professor Caldwell saved the day and the year. The insti tution was growing, too, for while the average attendance of the collegiate department had been but 52 under Presi dent Caldwell, it was 88 under President Chapman ; and the graduates averaged respectively 6 and 16. Under the latter also, the Bible became a required text-book in the courses; and it was under his leadership that the Chapel Hill Pres byterian Church was organized. Like Ex-President Cald well, who lost both wife and daughter during his term. President Chapman lost his daughter; but he was honored, 1 Battle's Hist, of U. of N. C, Vol. I, pp. 234-5. The British burned the Capitol at Washington in August following. Old South Hall The Morehead room opposite one with last two second floor windows on the right Dialectic Literary Society Hall, 1922 THREE GREAT TEACHERS 25 during 1815, with the degree of Doctor of Divinity by Williams College, Massachusetts. Therefore, the University was, in a sense, in a pros perous condition in January, 1816, with the stimulus of the war of 1812-14 to all sorts of activity in education, religion, internal improvement — especially transportation — and a post-Revolutionary generation coming to its own, when young John Motley Morehead, a Presbyterian and a Federal ist in sympathy, entered the Junior Class "half-advanced," and took up his residence in one of the rooms in "Old South" Hall.' One of the tutors under Dr. Chapman has left testimony that he had "introduced a most salutary moral change" into University life,^ and doubtless young More- head became an attendant of the church the President or ganized. The new Junior joined the Dialectic Society rather than the Philanthropic, doubtless because that literary or ganization was then dominated more by Federalist members. There was a mutual attraction between him and his Mathe matical teacher. Professor Caldwell, from the first, and when the June Commencement arrived he was to see the degree of Doctor of Divinity conferred on that member of the Faculty. The graduate of that year to become most famous was John Y. Mason, who became Attorney-General of the United States and Secretary of the Navy under President Polk (who was a student of the University at this time) and was President Pierce's Minister to France who became one of the authors, with Buchanan, of the famous "Ostend Manifesto." It should be remarked that practically continuous ses sions of the University, excepting for a brief vacation of about a month each at Christmas and in June, was due to the fact that because of primitive transportation facilities ^ The identification of this date has been made diiEcult by confusing and conflicting statements of authorities, but it is believed this is accurate. The term "first session" as applied to those beginning in January is also confusing in de termining the middle of the Junior year, when commencement is held in June; but the facts work out consistently. He was a Presbyterian adherent only. The "Old South" is now practically as it was in those days, even while most of the University buildings are thoroughly up to date and being made more so under the current administration. The picture of John Motley More- head's room was taken in 1922. ' Rev. Dr. James E. Morrison, grandfather of President Charles W. Dab- ney of Cincinnati University. 26 JOHN AlOTLEY ^MOREHEAD and long distance from home, the student came and staid continuously for the whole four years. This was, of course, probably not the case with young Morehead, for his home was only about fifty miles away, "as the crow flies." Ap parently his brother, James Turner Morehead, was a Sopho more the latter part of the year, for he entered in the Class of 1819; and both were to witness a still more serious po litical out-break among the students on September 18th, so serious that it was to lead to President Chapman's voluntary resignation. A Newbern student, and of a family that wor shiped at the shrine of the Sage of Monticello, had handed in an oration with a sentence or so of his "Republican" — as his party was called then — doctrine. This President Chapman forbade him to use in his delivery of the oration; but, on his appearance upon the platform the young Jef- fersonian defied his Federalist President by using the for bidden sentences. Thereupon Dr. Chapman ordered him to sit down, but, encouraged by cries of "Go on!" and his prompter joining in the insurrection, he finished his speech amidst applause ; and a large body of students met next day in the chapel and approved his conduct! Instantly the Faculty summoned 46 of them, suspended the orator and his leader, and two others. The rest were permitted to resume standing on a signed retraction of their offense ; and among the signers were students who became known to fame as Chancellor William Mercer Green, of the University of the South, and Governor Wm. D. Moseley, first chief ex ecutive of Florida. As in other events of life, John Motley Morehead seems to have been one among those students who did not lose his head. He was also a senior, as was the offending Jeffersonian orator, and, as has been intimated, was a Federalist, which would probably account for his ease in retaining his poise. Public opinion, however, was so divided on the course of the President in carrying out the Trustees' rule that there should be no political speeches, that when, during the following month, some student made a bomb out of a brass knob and exploded it before a tutor's door, fortunately without injurying anyone although it ex ploded in the hands of one who attempted to throw it out, THREE GREAT TEACHERS 27 President Chapman waited until the November meeting of the Trustees and resigned, the Board making it effective immediately. The Jeffersonian orator was a member of the Philanthropic Society, of which society a Dialectic mem ber wrote at this time: "The poor Philanthropic members are to be pitied, for they have but thirteen members;" but another more cautious Dialectic later wrote that the member ship "though increasing in numbers, degenerates in point of talent" — which shows that fraternity jealousy, like the poor, is ever with us.^ The Trustees again turned to Professor Caldwell on December 14, 1816, and again elevated him to the Presi dency. This was a critical time, as the last session of young Morehead's senior year opened on January 1, 1817; but it was a great time in the commonwealth, for she had in her Senate one whose statesmanlike reports on plans for both internal improvement and public education, laid before that body on the 9th and 19th respectively, of the previous month, were soon to attract the attention of the whole country, and even be known abroad, setting up new and high standards in both, and certain to affect the plans for the University. This statesman and philosopher, one of the most striking and cultivated in the Union, was none other than President Caldwell's old pupil and friend and ablest supporter among the Trustees, Senator Archibald Debow Murphy. His pro posals were along the same lines as those which De Witt Clinton was pressing in New York, state and city, but were far more scholarly and comprehensive, so far as the state was concerned; and these reports were only the opening guns of his campaign. Not less important than these, but due to the initiative of citizens of Rutherford, a county in the southwestern part of the state, was his constructive re port proposing plans for a revision of the state constitution of 1776, which increasing settlement in the central and western parts of the state made imperative ; while still an other proposal of his was the colonization of free negroes, 1 The two societies have come respectively, the writer is informed by Pro fessor Connor, to be territorial in membership, the "Di" representing the west and the "Phi" the east. This would appear to the writer to be a natural out growth of political division of early decades. 28 JOHN MOTLEY MOREHE.\D who were increasing in number through individual emanci pation, in some vacant parts of the great west. These papers were publicly printed and aroused the entire state; but at this point in this narrati\e only reference to his cooperation with President Caldwell in planning a more able Faculty need be considered and his consequent influence on John Motley Morehead, in the closing half of his senior year.^ The faculty was seriously crippled by the resignation of President Chapman, leaving it, technically, a University without a Professor. President Caldwell was of course a Professor, also; but for that session, January to June, 1817, his faculty consisted of Principal Tutor AVilliam Plooper, A.M., destined to become a Professor and college President, and Tutor William D. Moseley, himself a senior and destined to be Governor of Florida, and one other during that ses sion, Robert R. King, but he was unpopular and resigned; so that during young Morehead's second half of his senior year, he was under President Caldwell's sole instruction, as were the other ten members of his class. The President, in 1815, had a salary of $1200, when Professor Caldwell had but $1000, and the Principal Tutor $500, with $300 and board each for the other two Tutors. These were somewhat increased under President Caldwell, and a search was being made for new professional timber in which they had their eyes on two Yale men, Denison Olmsted for the new chair of Chemistry, and Elisha Mitchell, then a Yale Tutor, se lections again due to the scholarly Trustee, Hon. William Gaston. The former, however, was to have a year of further study, and the latter would not be available before February, 1818, so that President Caldwell and his Tutors constituted the Faculty the entire year of 1817. Young John Motley Morehead gave his graduation oration at Commencement in June, and received his degree of Bachelor of Arts ; but President Caldwell did not intend he should leave the institution yet. Principal Tutor Hooper, at this commencement, was promoted to full Professor of Ancient Languages, which had evidently been his chief field 1 See Hoyf s The Papers of Archibald D. Murphy, Vol. II, pp. 33, 49, 56, et seq.; also Memoir in Vol. I, by Hon. WiUiam A. Graham, LL.D. THREE GREAT TEACHERS 29 as Tutor, and the office of Principal Tutor was adolished.^ Tutor Moseley, A.B. (1817), was retained for the next session and two additional Tutors were appointed by the President, namely, John Motley Morehead, A.B. (also 1817) and Priestly H. Magnum, A.B., who, with his brother, Willie (pronounced Wylie), P. Mangum, A.B., had graduated in 1815.^ Moseley, as Senior Tutor, considered himself a part of the Faculty proper. Tutors Morehead and Mangum may have had work with every class, in which case, John Motley Morehead would have taught James K. Polk, a future Presi dent of the United States ; William Mercer Green, a future Bishop of Mississippi, and Chancellor of the University of the South; Robert Hall Morrison, a future President of Davidson College ; and eleven other members of that notable class; but he did have members of the classes of '19, '20, '21 and '22 and preparatory students; and among his Juniors was his own brother, James Turner Morehead, whom he had taught with other brothers and sisters in his own home. His duties as instructor, therefore, were no new thing in his experience, and the record is that he was an able Tutor for that session and until the new members of the faculty were installed at the beginning of 1818. There is little doubt but that he had long since determined to make the Law his profession, as his early Latin teacher, Thomas Settle, Jr., had done ; and now that he was ready to begin its study, it was perfectly natural for him to turn, for instruction, to that brilliant Senator Murphy of Hillsboro, the county-seat not far from the University, whom it will ^ Dr. Battle, in his otherwise excellent History of the University, makes some very confusing statements about these events, but the facts seem to be as here stated. 2 The Mangums were prepared for the University by a very talented, edu cated free negro, named John Chavis, who prepared a considerable number of sons of wealthy planters. Another free negro of the period. Rev. Henry Evins, stopped in Fayetteville to do missionary work among the colored people; but he was such a ctdtivated and powerful preacher that the white people came to hear him so persistently that he finally organized them into a Methodist Church, the colored people taking the gallery, and he became their pastor. As he became old a young white minister became co-pastor and finally succeeded him. It is said that inter-racial antagonism did not begin until the abolition movement began; but considerable evidence exists that the real cause of it was the move ment for independence under 'Toussaint L'Ouverture, some two decades before this and its influence as an object lesson upon a younger generation of free negroes and their associates. An uprising in Charleston sometime after this was directly traced to this influence; and it would be further influenced, no doubt, by the Bolivar movement in South America at this period, contemporary with movements to check further emancipation or qualify it by causing them to be transported. 30 JOHN MOTLEY MOREHEAD be well to note more clearly at this point. The Senator was probably about forty-one years old, born about 1777 in Caswell, the county just east of young Morehead's home, and son of Colonel Archibald Murphy, whose plantation in the Dan valley was about seven miles from Milton near the Virginia border. He also was a product of Dr. David Cald well's school, in which he remained until 1796, when the new University of North Carolina was started, and graduated after three years in 1799 with such distinction that he was made Tutor for one year and then Professor of Ancient Languages, a chair which he held for two years, during which incumbency he so perfected himself as a scholar of the highest character that he became distinguished throughout the State. He had begun legal study also under the direc tion of William Duffey, Esq., of Hillsboro, and, resigning, in 1801, to devote himself wholly to it, he was admitted to the bar by mere interview on the basis of his general ability. Notwithstanding he was to cross legal rapiers with such men as Henderson, Cameron, Norwood, Nash, Seawell, Yancey, Ruffin, Badger, Hawks and Mangum, he won a place in the front rank at this notable bar very soon. By 1804 he was taking such careful notes that he became Supreme Court reporter and was at this very time unconsciously preparing for the three volumes of reports yet to be issued.' His par ticular delight was in equity practice, which he often said was the application of moral philosophy to the affairs of men. In this field he had no equal in the entire State. In 1812 he was chosen State Senator from Orange County and for the next half-dozen years he was easily the leader in North Carolina government; and his broad and profound conceptions of public affairs caused him to introduce a new era in the State. Without doubt no man has greater claim to the title "Father of Public Improvement in North Caro- 1 Mr. Murphy was clerk of the old "Conference" Supreme Court, and on May 26, 1819, was ordered by the new Court to deliver the records. Minutes of the Supreme Court, Vol. 19, of this date. The first North Carolina Re ports was Haywood's of 1799, chronologically in date of publication; the second, Taylor's, in 1802; the third, Cameron & Norwood, in 1805; the fourth, Hay wood, in 1806; then came Editor Gales', The Carolina Law Repository, legal miscellany, two volumes, in 1814 and 1816; next came Taylor's Reports of 1818; and Murphy's were issued — Vol. 3, in 1821, Vol. 1, in 1822, and Vol. 2 in 1826 — a somewhat confusing arrangement if one is not informed, as they are not so numbered. THREE GREAT TEACHERS 31 lina." Governor Graham, a follower of his in later years, says : "No man has ever brought into our Legislative halls a more ardent spirit of patriotism, a more thorough survey and comprehension of her situation and wants, or proposed bolder or more intelligent measures for her relief.'" His reports, which as chairman of a legislative committee or of the Board of Internal Improvement, appeared, one or more every year from 1815 for the next eight years, covered, in masterly manner, such various subjects as water and road transportation, creation of trade centers within the State, a system of public education covering everything from pri mary schools and those for defectives, up to and including the University, and later even the history of the State. These papers are worthy of the best statesmanship of any land, and they became a great source of public instruction and public standards. If they had any fault, it would be that they were too comprehensive for their times, or that his was the work of the sower only, and that the executive reaper was yet among his younger followers. His influence upon his own profession was scarcely less. He was a most successful teacher of the law. Thomas Ruffin, afterward a famous Chief Justice of the State, was not only a pupil, but a life-long intimate friend, and the brilliant Bartlett Yancey was another." So, soon after Feb ruary, 1818, John Motley Morehead gave up his tutorship at the University and began his legal preparation under the great lawyer and the distingtiished public leader.' ^\'hether Morehead lived at Hillsboro or not, is unknown; but it is ^ Mcvivir by Hon. William A. Graham, LL.D., in the Murphy Papers, Hoyt, pp. J5, 2b. * Among Murply's later students were: Governor Jonathan Wortli, Col. James T. Morehead, Col. John A. Gilmer, William J. Bingham (the head-master of tlie celebrated Binghnm School), Jud^e Henr>' Y. Webb of Alabama, Charles Pendleton Gordon of Georgia, and Justice Jesse Turner of the Supreme Court of Arkansas. ' It is interesting to rote at tliis point, that on M.iy S. tliis year, lots were sold in the new town of Leaksville, Rockingham County — a to\ra in which young Moroliead was to become greatly interested — to the sum of nearly i?J5,000, Raleigh Register, current date. Let it be noted, too, tliat on August 24, of tliis year, the comer-stone of the new Niitionnl Capitol, to replace the one burned by the British, was laid, and TnmibuU had his painting, The Declaration of Ituicr-ciiJcucc. ready for ac ceptance. Only 5 out of 55 of the signers were still alive, and yet the artist had been able, through himself or other artists, to get all but 10 of the 47 por traits from life. "The new United States Bank was erecting a building on land, that," says tlie London Times, "cost SU100 n front footi a cost more than tlmt of Carlton House, the home ^^t" the then British Prince Regent, or more tlian tlic Parisian palace of the King of Persia!" 32 JOHN MOTLEY MOREHEAD probable that his work was done in Senator Murphy's office and fine library, and that he did much of the clerical work, as was the custom of those days. Near the close of that year, on the recommendation of Governor John Branch, there was a reorganization of the Judiciary under the leader ship of William Gaston, that was to affect both the legal teacher and his pupil. The Judiciary Act of 1777 had cre ated a "Superior Court," with six districts or circuits : I.Wil mington ; 2, Newbern ; 3, Edenton ; 4, Halifax ; 5, Hillsboro ; 6, Salisbury — to which were later added: 7, Morganton, and 8, Fayetteville ; and it served the purpose of a Supreme Court until 1799, when a "Court of Conference," made up of these Judges, was created for Supreme Court purposes, the Superior Court becoming purely district or circuit courts. The "Court of Conference," in 1805, was given the name "Supreme Court," so that these Judges were both "Superior" and "Supreme" Court jurists — a fact rather confusing to the uninitiated. This, in 1806, caused the Judges individually to hold "Superior Courts" in each county twice a year, and six circuits were created. It was only in 1810 that these Judges sitting as a Supreme Court were authorized to select one of their number as Chief Justice, the first one being Judge John Louis Taylor of Fayetteville, who had been on the bench since 1798, and a quorum was any two of the Judges. But during Senator Murphy's last session, after young Morehead had been with him nearly a year, a real and sepa rate Supreme Court was organized. "The bill to appoint three Judges to hold the Supreme Court," wrote the Senator to his friend. Judge Thomas Ruffin, also of Hills boro, on December 3rd, "has passed its second reading in both Houses. In the Senate 42 to 16 and in the Commons 80 to 44. The salary $2500. This will surprise you as it has everyone. It will probably be read the third time and passed in each house tomorrow. Tonight the enquiry everywhere is, who are to be the Judges? — I wish you were here to help our friend Seawell. I fear his chance is not good; great efforts are making for Taylor, and don't be surprised if he be elected. L. Henderson will be one, I believe. I was THREE GREAT TEACHERS 33 waited upon this evening to know whether my name should be used. I intend to be governed by circumstances. If I see my way clear, poorly qualified as I am, I shall enter the lists. I have been confined to my room constantly and know nothing but from those who have business with me. James Mebane tells me that L. Henderson, Gaston and myself will be elected, if in nomination. He is well acquainted with the members, and is influential. In all this you will know how easily we may be deceived. One day more may give a different aspect to things, and probably will. The salary of the Circuit Judges will be raised to $2000. I think they will probably be located. We have a liberal and intelligent legis lature. When will you be down? No nomination is yet made to fill the vacancy on the Bench. Nash, Toomer, Paxton and Miller will all be in nomination. I can't even conjecture who will be elected."^ The bill passed and on December 9th Senator Murphy was nominated for the Supreme bench in the Lower House by Mr. Mebane. The western ticket was : Henderson, Sea well and Murphy ; but the eastern people, taking Henderson, caused his election and that of Judge John Hall on Saturday, the 12th of December, waiting until Monday, the 14th, to elect the old Chief Justice, John Louis Taylor.^ On the following day a joint committee was chosen to select Judges of the Superior Court, and on the 17th the resignations of the Judges just elected to the Supreme bench were received. One of the Judges, Lowrie, had died some time before and the Governor and Council had found great difficulty in se curing a successor, who was fit for it, the salaries were so small and the circuit hardships so great. On the 18th Judges John Paxton, John D. Toomer and Frederick Nash were chosen to fill the vacancies ; but on the 23rd of Decem ber Judge Thomas Ruffin's resignation was received and it became necessary to elect his successor. Ruffin was proba- I The Papers of Thomas Ruffin, Hamilton, Vol. I, p. 211. Judge Henry Seawell was a Raleigh jurist of about forty-six; Henderson, of Granville, a man of about the same age, later became Chief Justice; Congressman William Gaston, of Newbern, about forty, had a greater national reputation than any of the rest ' The Papers of Archibald D. Murphy, Hoyt, Vol. I, pp. 122-3. 34 JOHN MOTLEY MOREHEAD bly the ablest Judge in the State and, no doubt, had some hopes of a place on the highest tribunal of the State him self. Under the circumstances his logical successor, both from the point of ability and location, was Senator Murphy, and his choice was effected on Christmas eve, whereupon he became Judge Murphy of the Superior Court of North Carolina.^ Soon after holidays, the Superior Court Judges, ex cepting Judge Seawell, met and arranged their circuits, and early in February announced the result, as follows: 1. Edenton Circuit, Judge Daniel; 2. Newbern, Judge Nash; 3. Raleigh, Judge Seawell ; 4. Wilmington, Judge Murphy ; 5. Hillsboro, Judge Toomer ; and 6. Morganton, Judge Pax ton. The peculiar law that compelled continual change of Judges from one circuit to another and the varying hardships and inconveniences a given Judge would find in some of them gave occasion for heart-burnings, so that the Governor had to come in, in one case, and decided, about the middle of February, to send Judge Daniel to Raleigh and Judge Sea well to Edenton, away from home. It had a political bearing and Judge Seawell resigned and soon became Attorney Gen eral. That young Morehead followed Judge Murphy on his circuit is not probable ; and how long he continued his inti mate relations with his legal instructor into 1819 is unknown, because there seems to be no record of his admission.^ It was probably late in the year, after his preceptor, as former clerk of the Supreme Court, had been directed, on May 26th, to deliver the records ; after June 12th, when Judge Murphy was appointed Reporter for the Supreme Court and to pub lish the first three volumes, now known as Murphy's Re ports; and probably after June 21st, when, by authority of "letters missive" from the Governor, he was appointed to sit on the Supreme bench, as a Judge of that Court in the temporary incapacity of any of its members. Judge Murphy was, therefore, a Judge of the Supreme Court on June 22 ^ It is a curious fact that no commission or record of one to Judge Murphy, as a Superior Court Judge can be found. ^The records of Guilford County Superior Court were nearly all destroyed by fire in 1870. THREE GREAT TEACHERS 35 and 23, 1819, on December 13th, 14th, 15th and 17th of the same year, and also in 1820, the first and only Judge of this period to be so honored, and could claim the titles of both "Justice and Judge.'" It was under such auspices that young John Motley Morehead, now twenty-three years old, closed his long period of preparation for life and the practice of the Law. ^ Supreme Court Minutes of these dates. The room in "Old South" Hall occupied by Mr. Morehead and others after him, so that it is still known as "The Morehead Room," is on the southwest corner of the second floor. So late as 1891 the initials of the original occupant, "J. M. M.," carved by him on the window sill, were plainly read. Ill Love as Well as Law AND "QuiESCERE NON PoSSUM" 1819 That a young lawyer should settle in the county-seat of his home county is perfectly natural, and especially if he should have taken his preliminary Latin under a young law yer there, who was doing the same thing as young Lawyer Morehead had. The county was an old one, carved out of still older Guilford, in 1785, and both county-seat and county named after that friend of America among English men, Charles Watson Wentworth, Marquis of Rockingham, the family name going to the former and the title name to the latter. North Carolina did not forget the Prime Min ister who had repealed the Stamp Act and stood for their liberties, and his death, while again Prime Minister, only three years before the organization of the county, was fresh in their minds. Of course, this had been done before young Lawyer Morehead was born in that Virginia county named after a man of like character, William Pitt, but both names showed the keen patriotism of these two counties of the "Land of Eden," lying side by side in the rich valley drained by the Roanoke. In Wentworth was his old Latin tutor, now just elected to the Sixteenth Congress, as successor to Bartlett Yancey, and leaving a lot business to his young Latin protege. Congress man Settle had been in that able Legislature, led by Gaston and Murphy, while Morehead was in the University. He was only five years older than his old Latin pupil, and was an intimate friend, consequently an interesting example of the lawyer in public life. Mrs. Settle was the sister of a Cas- 36 u LOVE, LAW AND MOTTO 37 well County boy of fifteen, in Bingham School, Calvin Graves, who was soon to study law under her husband and was destined to become an important factor in young More- head's life. Mrs. Settle was to have a son-in-law, in the same county, now a babe of but six years, bearing the name David Settle Reid, and destined to become a Governor. So Lawyer Morehead began his legal life in ^^'entworth, and made his home with the younger Robert Galloway, "with whom he lived during his residence here on terms of a per fect union of hearts," — to use the words of Hon. John Kerr years later.^ He was but a few miles from his old home, northward of the newly-projected town of Leaksville, and his brother, James Turner, graduated this year from the Uni\ersity and studied law under Chief Justice Ta}'lor and Judge Murphy .'•' The two brothers saw much of one another as the years proceeded and their horses travelled much down into Guil- fonl County to the region of David Caldwell's scliool, near the present Guilford Battle Ground National Park, where these two old students of that school came to know, at different periods, two young damsels at the small village, there, of Martinsville, the seat of Justice of that county ; and, as it provetl in the case of the two young attorneys, the realm of another blindfolded deity, Cupid, who, like the fates, were to determine this region as their home in the near future.* Guilford, unlike Rockingham, was a colonial county. Its first inhabitants had settled there when it was still a part of Edgecombe and Bladen Counties, in 1749; and they were attracted by many things, fine forests, superb water power, and an excellent diversified soil. Into the central part that forms the present Guilford County, the Scotcli and Scotch-Irish came down the Piedmont from Pennsylvania, Maryland and Virginia, and the Lindsay girls were in this part, near Martinsville or Guilford Court House, > Oration of Hon. John Kerr on John Motley Morehead, 1866. 'ilHrfky Paffrs. Hoyt, Vol. I. p. 2.'. and Morehead Famity of Xorth Carv'liiia and Tuvuiid, John Motley Morehead III. p. 52. • It should be noted that the j-ounger brother s visits and interest were some >-eaTS later than those of John Motley. 38 JOHN MOTLEY MOREHEAD as it was quite as frequently called. The settlers engaged in wheat raising and fruit culture, particularly, as did also the Germans from the Palatinate who settled the eastern part. The tobacco lands of West Guilford attracted the English Quakers as well as a band of Welsh ; and others settled in the cotton country of South Guilford. Presbyterians from Nottingham, Pennsylvania, and South Carolina settled on the Buffalo and Reedy creeks, and were "Old School" in belief, while followers of Whitefield, the "New School," settled on the Alamance— causing the two churches over which David Caldwell presided so long. By 1766, Governor Tryon was able to say of this region: "I am of the opinion that this province is settling faster than any on the continent. . . . These inhabitants are a people differing in health and com plexion from the natives in the maritime parts of the province, as much as a sturdy Briton differs from a puny Spaniard."^ He even thought the region as "perhaps the best lands on this continent." These three elements make Guilford famous for its impression upon North Carolina. Governor Tryon was to find it out to his and their sorrow, in April, 1771, when, led by Guilford county men, calling themselves "Regulators," they refused to pay illegal taxes, and brought about the Battle of Alamance, which has been called the "first battle of the Revolution;" a failure, too, it was, just as "first battles" sometimes are. Just ten years later the county was to be the scene of what has been called "the last battle of the Revolution," be cause it made that of Yorktown possible. For with the fall of Charleston in the spring of 1780, and the re-invigoration of the army by the new bank in Philadelphia, Washington was able to send General Greene to Charlotte later in the year, and in January, 1781, the latter's lieutenant, General Morgan, won the great victory at Cowpens, near the South Carolina line, and Cornwallis started for Greene's army. The winter and spring months were an exhausting game of 1 Col. Records, Vol. 7, p. 248. The unpretentious Uttle volume called The History of Guilford County, North Carolina, by SalUe W. Stockard, A.M., 1902, is probably the most useful single volume on this county, a volume made pos sible largely through the interest of Mr. Victor Clay McAdoo, of Greens boro, N. C. LOVE, LAW AND MOTTO 39 chess on a gigantic board, but by March 14th, the American general was prepared to give battle near Guilford Court House, and on the 15th, that celebrated action resulted in a loss of one-fourth of the British forces, which so depleted them, that although the Americans had retired, Cornwallis' broken army had to hasten eastward for protection. Corn wallis called it a "victory," whereupon his London superior exclaimed : "Another such victory would destroy the British Army !" And Yorktown followed a few months later, and Guilford Battle Ground is now a beautiful national park.^ There had lived at this battle ground since 1772, Alex ander Martin, a Princeton graduate, and the village at Guil ford Court House took his name, Martinsville. He had been in public life since 1774 and was now Speaker of the State Senate, and upon the capture of Governor Burke, he became Governor, the first of six successive terms. But, in 1809, just before young Morehead had entered the Caldwell school, the county removed the seat of Justice to the exact center and named the new town in honor of the great Ameri can general, "Greensborough," which, in later days has been economized to Greensboro ; and in 1819-20, young Morehead had cases here in the sessions of the Superior Court, while in 1821 the new town acquired a newspaper. The Greens- borough Patriot. One interesting feature of Greensboro was the fact that it was between the slave-holding eastern part of the county and the Quaker western part, where the consciousness of the sin of slavery was increased by the 1 This enterprise was a private one, long before the United States took it over, and John Motley Morehead's brother, James Turner's son. Major Joseph Motley Morehead, devoted so much of his life to it that a statue of him has been erected on the grounds. Scarcely less devoted was his wife, Mrs. May Christian (Jones) Morehead, a Virginian descendant of a founder of Baltimore, still resident of Greensboro, N. C. The following poem by him, on one of the monuments, represents the fine spirit of those who made this park possible: "Clio "The Muse of History "As sinking silently to night Noon fades insensibly, So Truth's fair phase assumes the haze And hush of history. "But lesser lights relieve the dark, Dumb dreariness of night As o'er the past historians cast At least a stellar light." 40 JOHN MOTLEY MOREHEAD oncoming spirit of the Revolution and independence. In 1774, the Quakers, already the Quaker center of the State, began freeing their slaves, and the success of Toussaint L'Ouverture in freeing Hayti, led them to charter vessels to take the new freedmen there. Slaves were even bought in order to free them; and the number of free negroes that voted were not inconsiderable for a dozen years after this. As has been said, however, the primary interest in the early visits of the Morehead brothers to the now ten-year-old county-seat, Greensboro, was in the environs in the home of the Lindsays, who lived at Martinsville and near Caldwell School. Of this family, one of the boys of the house hold, Robert Goodloe Lindsay, wrote, in later years : "Our great-great-grandfather came to this country from that par- tion of Ireland known as Scotch-Irish. The Lindsay blood is decidedly more Scotch than Irish. The Lindsays of Scotch-Ireland were descendants of David Lindsay, the head of the Scotch clan of feudal lords in Scotland before the fall of King James and Bruce, and portions of the family took refuge in Ireland. Afterwards some of them emigrated to America, and, with other Scotch-Irish colonists, settled in the lower part of Pennsylvania and Maryland ; then a num ber sought new homes farther South. The greater portion of that number that came to North Carolina settled in Meck lenburg county, near and around Charlotte. Our grand father pitched his camp in Guilford, in Deep River, about twelve miles west of Greensboro as it now stands. He never left the place he first settled upon, but raised his large family there, consisting of six boys and two girls: John settled in Davidson county, and has a large family of descen dants; Samuel located in the south part of Guilford; William, near the old homestead; Andrew kept to the old homestead of our grandfather ; David went to Jamestown ; and my father, Robert Lindsay, took up his home at Martins ville, then the county-seat of Guilford county after the county was divided. He still continued to live at Martins ville, but did mercantile business at the new Court House, Greensboro. My mother [Letitia (Harper) Lindsay] con- LOVE, LAW AND MOTTO 41 tinned to live at Martinsville until she married a Mr. [Henry] Humphries."^ Robert Lindsay, Jr., was a member of the first House of Commons under the commonwealth in North Carolina and had died just the year before young Morehead had settled in practice in Wentworth. Mrs. Lindsay was the daughter of Colonel Jeduthun Harper, of the Revolution, and was about ten years the junior of her husband. Her family, in 1819, consisted of Ann Eliza, the eldest, aged fifteen — the one in whom John Motley Morehead was interested ; a son of thirteen, another of eleven, a daughter somewhat younger, a son of nine, a daughter of six, Mary Teas Lindsay, in whom some years later Attorney Morehead's brother, James Turner, was to became interested; and finally a baby son, three years old, who, years later, wrote the above account of the family. John Motley Morehead, of Wentworth, was only an occasional visitor, as he was rapidly becoming a very busy young lawyer in various parts of his circuit, that of Hillsboro, and was only looking forward to marriage, but not immediately. He had begun buying his law-books, and, following the usual custom, he determined upon a suitable book-plate, with a motto, which he pasted on the inside of the front cover of each.^ Such insignia, like a graduating theme, often are selected with wonderful intuition; and really do represent the life's chief characteristic in most cases, probably. A student of the Caldwells and Judge Murphy would be ex pected to have lofty ideals of life and the practice of the law, with a high regard for public duty. Judge Murphy at this very time, by his actual career, was as fine an embodiment of private and public life as was Cicero in the best days of the Roman Republic. Something over two years before, as ^ The Morehead Family of North Carolina and Virginia, by John Motley Morehead III, of New York, p. 95. ^ Lindsay Patterson, Esq., Winston-Salem, N. C, has his Reports coming down to about 1854. Some of the rest of his library is in the Public Library, Greensboro, N. C, among these books being a copy of Jefferson's Manual of Parliamentary Practice for the Use of the Senate of the U. S., 1801, on the fly-leaf of which it is shown to have been presented by Jefferson to D. W. Stone and by him to Mr. Morehead on July 5, 1841. Another, Puller's Trials at Nisi Prius, was first owned by Wm. Fleming and then by Patrick Henry, while another containing Henry's book-plate is Coleman's translation of The Comedies of Terence^ illustrated. 42 JOHN MOTLEY MOREHEAD chairman of a House Committee on Inland Navigation, namely, in December, 1816, which resulted in surveys being ordered, in which he and President Caldwell took part, especially the proposal to connect the river transportation of the Cape Fear river, at head of navigation, with the Yadkin in the upper country, he produced his first able re port. It resulted later, too, in his becoming President of the Yadkin Navigation Company. In this report he had said : "The true foundation of national prosperity and of national glory must be laid in a liberal system of Internal Improve ments, and of Public Education," and intimated these were reserved for future thought. Following close upon it had been his report on Education later in the same month, in which he reviewed the excellent private schools and the University. "But," said he, "this general system must in clude a gradation of schools, regularly supporting each other, from the one in which the first rudiments of educa tion are taught, to that in which the highest branches of the sciences are cultivated. It is to the first schools in the gradation" that he wishes to draw attention and make pro posals covering every element in the population, even the deaf and dumb. This resulted in three commissioners as a board to digest a system of Public Instruction, of which also he was chairman, and his great report of November 29, 1817, while Morehead was yet a tutor, covered : 1. The creation of a fund ; 2. An executive board ; 3. Organization of schools ; 4. Courses ; 5. Modes of instruction ; 6. Discipline ; 7. Pro vision for poor children ; and finally, 8. A Deaf and Dumb School. Still later in the same month, as has been noted elsewhere, as chairman of another committee, he showed how necessary it was that a new constitutional convention be called to equalize representation, which the great influx of population in the west had made viciously unequal. This proposal was defeated by the eastern members in the Sen ate, and this action touched probably the most sensitive nerve in the commonwealth, and it was felt from end to end of the body politic. About the same time he touched upon another sensitive public nerve, but with an alleviating hand this time, namely, with a proposal that might have made a negro State Archibald DeBow Murpiiey From an engraving by John Sartain in the Murphey Papers LOVE, LAW AND MOTTO 43 on the Pacific Coast ; and his resolution was adopted, but as it was merely a national recommendation it came to noth ing. It showed, however, the increasing sense of danger in the growing number of free negro voters. By the beginning of 1818, Chairman Murphy was able to report, in an effort to create a fund, that what had been done in inland navigation had increased the land values more than ten million dollars. "North Carolina," says The Niles Register, a national weekly of 19th July, 1817, "seems roused to a sense of her many natural advantages. . . . This State owes more to Archibald D. Murphy, Esq., than to any, perhaps, of her many enlightened citizens. His name, through his reports to the Legislature, etc., is familiar to our readers; but he has many associates in his meritorious labors." Already the several navigation companies had made such improvements, that the Register announced that tobacco from the Dan river, or upper Roanoke country, had reached Norfolk in large amounts for the first time. About the same time this statesman as chairman of a finance com mittee, attempted to solve the currency problems of the State — a legacy of those who refused to re-charter that great balance-wheel of finance, the Bank of the United States : "About twenty years ago," he wrote on 17th Dec, 1817, "we had no bank in this state : but we had a paper currency issued by the State, supposed to amount to about three hun dred thousand dollars. Every man whose recollection ex tends so far back, will admit, that at least one-half, of our then circulating medium, -was composed of paper currency; and this fact seems to prove that our circulating medium at that day did not exceed six hundred thousand dollars. Until within the last six years, the banks of Newbern and Cape Fear, were the only institutions of that description in the state. The capital of both amounted to about four hun dred thousand dollars, and the notes issued by them, not only composed almost entirely our circulating medium, but they overflowed into other states, and became considerably de preciated. The circulating medium, at that time required for the state, could not have exceeded one million. When the State Bank was estabhshed six years ago, with a capital 44 JOHN MOTLEY MOREHEAD of one million six hundred thousand dollars, it was thought by many that that capital was larger than could be profitably employed in supplying the circulating medium employed by the state." He then shows that this State Bank's stock should be extended for relief in some way as the Newbern and Cape Fear Banks had, with extended charters, and that a Branch Bank of the United States Bank, re-chartered in 1816, was also nearly ready to open. Incidentally, he shows that at the time when banks west and south of New England suspended specie payments, notes of this State Bank of North Carolina, in a great degree, became a continental currency, and left the state dependent on the Banks of New bern and Cape Fear [Wilmington] ; but now that the National Bank was re-chartered and furnishing part of the currency, the outside currency is returning and caution must be used. His report on this subject of 21st November, 1818, was no less statesman-like; as was also that as chairman pro tern, of Commissioners, whose surveys were to connect up the river systems of the state, dated 28th November, 1818. Judge Murphy's most elaborate treatment was issued as a publicist and for information of the Legislature in Nov., 1819, under the title Memoir on the Internal Improvements, Contemplated by the Legislature of North Carolina, and on the Resources and Finances of that State. It covered nearly a hundred pages, and was reviewed by Jared Sparks in The North American Revieiv in January, 1821. It is impossible to speak too highly of this remarkable paper, which was being read and reviewed throughout 1820 and '21. It is probably the first statesman-like and adequate analysis of the fundamental problems of this great and unique common wealth. It is probably not too much to say that here are the architectural plans and specifications of the state of North Carolina, so far as they could be foreseen and provided for in the second decade of the nineteenth century; and the architect, scientist and philosopher was Archibald Debow Murphy one of her own sons and a product of her own higher education under the two Caldwells. To the general reader it furnishes probably the best con ception of the North Carolina structural conditions and LOVE, LAW AND MOTTO 45 world-wide engineering on similar lines, of that day; but, as it is written for a foreign chief engineer, who had recently been secured, and also for the North Carolina influential public in order to secure adoption of the system proposed, it assumes in them a certain knowledge of the state and the times which will not be possessed by such a reader. In order, however, to arrive at that knowledge, it will be well to note some of the chief characteristics of what he does present : He shows, for instance, that, for a State, as well as the individual. Pope's dictum — "Know then thyself" — was the beginning of wisdom. North Carolinians had known too much about her daughter, Tennessee, and the Ohio and Mississippi valleys, whither she had sent over a half-million of her population, because she knew not her own great re sources. The War of 1812-15 had brought on a new gen eration and made Internal Improvement of resources the great slogan of the hour. The Legislatures of 1815, and those since, had awakened to it, but not enough. Two of the greatest needs were Transportation and home Trade Centers; and by the former he meant only water trans portation, with short good roads to it, while, by Trade Cen ters, he meant a port of sufficient dominance to be a Financial center. As it was, there was a tendency to go to the Roanoke and two Virginia ports or the South Carolina rivers and Charleston, with one-third of her production. This made out-side financial, as well as trade centers and destroyed the unity of the state, and raised up no great consuming com munities. Transportation, trade, manufactures, finance and banking were different phases of the one unity; and they were inseparable. He cited Pennsylvania as first realizing it and acting accordingly with marvelous results. New York's great canal was a beginning there, and Virginia had already established a fund. And what is more, Pennsyl vania had SO profited by her investment that in her returns from it she had been enabled almost to dispense with tax ation. He analyzes the unique water-front of North Caro lina and its problems of engineering, and the efforts to get a great engineer for whom the demand was greater than the 46 JOHN MOTLEY MOREHEAD supply, and the amateur efforts of home talent meanwhile. Surveys and maps were needed and settlement of boundaries. (Mr. Hamilton Fulton, the distinguished young British engineer, for whom this was, in part, written, had been se cured in July, 1819.) The river systems are analyzed in relation to a proposed port, better, if possible, than Wilming ton, which had great disadvantages ; and a canal connection of those systems is a prime object. He points out the granite falls of these rivers at the eastern edge of the Piedmont, and their obstruction to traffic, in a great northeast and south westerly sweep just eastward of Raleigh, as the chief inland problem. Allied to these were connecting roads and drain age of swamp lands. These analyses were supported and enforced by excellent statistical tables : For example, net payments to the national government, as duties, etc., varied from $16,918.49 in 1808, the lowest, to $456,478.81 in 1813, the highest. Exports had ranged from $117,129, in 1808, the lowest, to $1,328,271, in 1816, the highest. For 1816, as an example, Wilmington led, with $1,061,112; Newbern followed next, with $84,281; Edenton next, with $71,484; Plymouth next, with $36,314; Washington next, with $33,933 ; Ocracoke Inlet, with $28,- 165; and finally Camden, with but $12,982. North Caro lina foreign trade tonnage, registered, varied from 10,167 in 1793 to 26,472 in 1810. Coasting tonnage, above 20 tons, varied from 2764 in 1793 to 13,184 in 1816. As an example of chief exports abroad from Wilmington in 1817: cotton was chief with 438,529 lbs. ; Indian Corn next with 22,588 bushels; turpentine, tar, pitch and rosin next with about 18,000 bbls. ; lard, over 20,000 lbs. ; shingles, over 14,000 thousands ,- over 12,000 lbs. of hams and bacon ; and lesser exports, the total value of which was $713,961.48. Fay etteville, at head of navigation on the Cape Fear, handled of domestic produce from the Pidemont, $621,900 worth of cotton and $400,000 worth of tobacco; $129,629 worth of flour; $77,460 worth of flaxseed; $50,000 worth of miscel lany like bacon, lard, tallow; furs, etc. ; a total of $1,331,398. The population that produced this, was, in 1810 : — 555,- 500, of which 168,824 were slaves; and they were dis- LOVE, LAW AND MOTTO 47 tributed in leading counties as follows : total population : 1. Rowan, in the central west, had most, 21,543 ; 2. Orange, near it, 20,135; 3. Wake, where Raleigh is, next, 17,086; 4. Lincoln, western also, 16,359; 5. Halifax, eastern Roa noke valley, 15,620 ; 6. Granville, another Roanoke county, 15,576; 7. Rutherford, west of Lincoln, 13,202; 8. North ampton, another Roanoke county, 13,082 ; 9. Chatham, near Orange, 12,977; 10. Craven, the Newbern port county, 12,- 676 — to name only ten of eighteen counties of above 11,000. The counties which led in number of slaves were : 1. Gran ville, in Roanoke county, with 7746; 2. Northampton, also on Roanoke, with 7258 — exceeding the whites by about 1500 ; 3. Halifax, also on Roanoke, 6624; 4. New Hanover, the Wilmington county, 6442 — exceeding the whites by over 1400 ; 5. Warren, also on Roanoke, 6282 — exceeding whites by over 1500; 6. Bertie (accent on last syllable), also on Roanoke, 6059 — exceeding whites by nearly 1000 ; 7. Wake, Raleigh county, 5878 — scarcely half of the whites ; 8. Frank lin next to Warren and practically Roanoke county, 5330 — nearly 500 above the whites ; 9. Edgecombe, adjoining Hali fax, 5107, over 2000 less than the whites ; 10. Craven, New- bern's county, 5050, over 200 less likewise — to name but ten of sixteen counties having above 3000 slaves. The counties greatest in white population were: 1. Rowan (also first in population, but being thirteenth in slaves); 2. Orange (eleventh in slaves) ; 3. Lincoln (below sixteenth in slave rank) ; 4. Rutherford (far below sixteenth in slave rank) ; 5. Wake (seventh in slaves) ; 6. Mecklenburg (sixteenth in slaves) ; 7. Guilford (with 9953 whites and only 1467 slaves) ; 8. Stokes; 9, Burke; 10. Chatham (fourteenth in slave rank) — naming only ten of eighteen counties with above 7800, all of which, possibly excepting Wake, the capi tal seat, being Piedmont or mountain counties, while seven out of the first ten slave counties were on the Roanoke or next to them, the exception being the Wilmington, Newbern and Raleigh counties. The value of all the slaves in 1815 was $40,667,314, almost as much as the land which was for tax purposes, $53,521,513. In that year there were twelve counties whose land valuations were above one million dol- 48 JOHN MOTLEY MOREHEAD lars: 1. Rowan ($1,870,142); 2. Halifax; 3. Orange; 4. Edgecombe; 5. Northampton; 6. Wake; 7. Bertie; 8. Mecklenburg; 9. Lincoln; 10. Granville; 11. Warren; and 12. Guilford, with 1,042,704. Of these twelve, half are Roanoke country, four are central western and two western near the mountains, or, practically half Roanoke and half western, a fact of great significance. The whole number of counties at this time was sixty-two. The 1817 taxes, by counties, with fourteen paying each above $2000: 1. Orange, with Hillsboro; 2. Wake, with Raleigh; 3. Granville; 4. Rowan, with Salisbury; 5. Cum berland, with Fayetteville; 9. Edgecombe, with Tarboro; 7. Caswell; 8. Northampton; 9. New Hanover, with Wil mington; 10. Warren; 11. Bertie; 12. Halifax; 13. Meck lenburg, with Charlotte; and 14. Lincoln. Of these, eight were in Roanoke country; three were Western and Cum berland and Wake were partly eastern and partly western, with one being the port county of Wilmington. The State owned $500,000 in bank stock and $112,500 in stock of the following navigation companies : Roanoke, Yad kin, Cape Fear, Neuse, Tar River, Catawba, Lumber River Canal, Roanoke and Pamtico [Pamlico] and Club Foot and Harlow Creek. The Treasury disbursements in 1817 were $207,081.51. By his analysis of revenue and expenditure, he showed that there would be an annual surplus of $35,000, which in 1822, would leave in the Treasury $265,234.58. He then analyzes the statistics to show the state can have ample funds to carry out this improvement system. The Cherokee lands of probably "more than a million acres" and the required loans of the two old banks are added to these showing that the state, without taxation, had at her command more than a million dollars. He then treated in detail how these funds should be managed and pro posed a Board of Public Works. To these he added a plan of feeder • roads in the mountains ; and closed with an analysis of the problems of the formation of alluvial lands on the coast, with historical treatment from Herodotus down to Proney, the French engineer, and Cuvier's Theory of the Earth. LOVE, LAW AND MOTTO 49 It will thus be seen that North Carolina had great problems and that, in approaching them, she had a great and skillful leader in taking the first steps in their solution, as a publicist and public inspirer and teacher, in this able lawyer, jurist and statesman, Archibald Debow Murphy, law pre ceptor and friend of young Attorney John Motley Morehead of Wentworth, in the county of Rockingham. Is it any wonder then, that, when the young man chose a book plate and pasted its impressions on the inside of the front cover, it should contain a thought from Cicero's De Repub- lica, and in the language of that Roman lawyer, and should read: No. John M. Morehead — : o : — Quiescere non Possum which latter, being liberally interpreted, signifies that he is not able to live uninterested in public affairs? As he had been a disciple of Murphy in law, so he became one of his followers in statesmanship, destined to surpass his master in vision and powers belonging to another generation and a new time. IV Lost Atlantis' Legacy OF Problems to North Carolina 1821 Attorney John M. Morehead had been in practice in Wentworth about two years, when his inability to be unin terested in public affairs — the problems of state — and his excellent general ability became so evident, that Rocking ham county, in the summer of 1821, when he was but twenty-five years old, sent him to the lower house of the Assembly, then called the House of Commons, as a successor of his old Latin teacher. Congressman Settle. And he went as a supporter of the program of Judge Murphy, and was familiar with his great report on the problems of the com monwealth. He brought to it a mind quite as comprehensive as that of his preceptor-statesman, and even more so; but with that comprehensiveness, he brought not less of theory, but more of organizing constructive power and a more severe regard for great realities. A suggestion of the visionary might characterize Murphy, and his career had failures in it ; but Morehead's life was not characterized by failure and, by common consent of all, he was "a man of great vision." He was a remarkably well rounded man, physically, with his powerful frame and sandy, Scotch temperament, genial but serious, magnetic and gentle; intellectually, with the finest cultivation, a mind open to all sides of Hfe, master of himself, capable of holding fine ideals in the proportions of truth, able also to see life whole, a strong writer and a pow erful speaker; socially, able and inchned to meet pleb or patrician port to port and as though his vision of manhood was so keen that he minified the differences ; and, morally, holding his ideals with a constant aggressive intuitive pur pose and power to reahze them. While some could hold 50 LEGACY OF LOST ATLANTIS 51 ideals in a speculative way, John Motley Morehead held them in a process of realization. If his wagon was hitched to a star, he kept the wheels to a well-paved highway. Vision and action were undivorced, and he so lived in that kind of a presence, that it produced the impression of a combined modesty, boldness and wisdom, that makes him a difficult character to picture. Not that this ripeness was complete in this, his twenty-fifth summer, but the foundations were all there; and he approached the problems of North Caro lina with this kind of character. And those problems were unique, among all the common wealths of the union, and even all countries of the world. No land in the world had just such a combination of problems ; and no man was to enter upon their solution with so great a comprehension, as he came to penetrate into them more and more from year to year. Let us see just what they really were — and, it may be added, still are! And they are wonderfully interesting, going back to what some have called "Lost Atlantis." To find the problems of North Carolina, let us go to the Island of Hayti, and go to the top of Mt. Tina. Here one stands on the top of a mountain on a mountain, for the Island of Hayti is itself the top of a submarine mountain, as are all the West Indies up to the Bermudas — ^mountains which themselves rise from a submarine continent ; so that, from the top of Mt. Tina, down its sides and down to its base in the bottom of the ocean, is a height greater than Mt. Everest by nearly two miles — about 10,000 feet greater, to be more exact. The great depths about this submerged continent, so near to the American shore, and by some sup posed to be the lost Atlantis, gives a new meaning to that more than seven-mile depth of waters that stream about its sides into the Gulf of Mexico, continually acquiring more head, and passing out along the front of Florida, Georgia and South Carolina, about thirty miles out, and with a velocity of about three miles an hour, and with so vast a bulk that it is itself a feature of continental proportions. As it reaches the front of North CaroHna and begins to pass out of the gigantic gateway between it and the Ber- 52 JOHN MOTLEY MOREHEAD mudas, it both spreads out and meets the cold current down the coast; and the junction of these cold and heated bodies helps to make the storms of these waters most dangerous, while in earlier days, before the Stream was understood, its uncanny power to secretly move vessels out of their courses contrary to all reckoning, made this region a terror to mariners. But, if storms were produced by this junction, the pressure of the opposing streams upon each other and the coast of North Carolina, for centuries, caused all her rivers to slow up so much as they entered the ocean, that they dropped their silt and sand, which their succeeding waters at first built up into alluvial lowlands ; and then, as these drew nearer deep water, the Gulf stream built up a barrier of the most perfect lacery of bars and dunes in front of the whole state to be found anywhere in the world. To introduce shifting bars and dunes into this stormy pro jection into the ocean, and the dark uncannily moving Stream, was to make this cape, which was given the name Hatteras, or "Hatteresk," from a tribe of Indians found there, famous throughout the maritime world as "the grave yard of the ocean.'" The pressure of the volume of water 1 The following excerpt from ¦» poem by Joseph W. Holden, entitled "Hat teras," says: "Yon lifeless skull shall speak to me. This is Golgotha of the Seal And its keen hunger is the same In winter's frost or summer's flame." With this peculiar front on one end of the State, the other end has the distinction of having the highest mountain peak in the eastern half of the United States. The artist, Alfred S. Waugh, thus apostrophizes it in The Greensboro Patriot, 30th Oct, 1836: "mt. MITCHELL "Proud monarch of a cloud capp'd race. Why hide from us your royal face And be but seldom seen? Why do you thus in sullen mood Around you dash the vap'ry flood As if you ne'er had been? "Why o'er your sides the screen let fall? Why shroud yourself in mystic pal] And hide your height from view? Is it that conscious of your size You lift your head above the skies To bid the world adieu? "Or that you fear the painter's art Might from you take in whole or part Your glories newly known. That thus from public gaze you flee And show yourself to none but me From top of yellow Roan?" LEGACY OF LOST ATLANTIS S3 from the rivers of North Carolina, penned up within this re markable barricade, was not sufficient to preserve many open ings or inlets, or keep clear what were preserved ; while it built more lands and cut out new channels, as though accord ing to the whim of the moment. It was thus, that Sir Walter Raleigh's Roanoke Island was formed just within the lacy barrier, when there was an inlet near it; and it was these obstacles that finally drove his enterprise to the Chesapeake. For behind these barriers were two main bodies of water, one, Pamlico Sound, over half as large as the Chesapeake, and Albemarle larger than Delaware Bay, both nearly encom passing a great peninsula containing over 5000 square miles of heavily over-grown swamp lands, while great flat alluvial plains stretched back of these, the whole constituting about two-fifths of the state, back to the falls of the various rivers. The front entrance of the state, therefore, had been al most closed by the sinking of lost Atlantis and her watery offspring, the Gulf Stream. The very best inlet in use in 1821 was that leading to Wilmington, and it had a channel of but seventeen feet at high tide, and but eleven feet before Wilmington was reached.' The chief inlet to the Sounds and their tributaries was Ocracoke, half way between Capes Hatteras and Lookout, with the pressure of water so great that there was no perceptible tide; while the bars allowed vessels drawing only eight feet of water to enter. The in let near Cape Lookout, at Beaufort, had been held by many to have the greatest possibilities, as it had fourteen feet of water and a fine harbor within ; but, to make it useful to the Sounds, canal connections would be necessary, a not very formidable undertaking. However, to ask Wilmington, mis tress of the Cape Fear river valley, to endorse the creation of this effective rival, or to ask the rich Roanoke planters to build up a port so far away, when Virginia's Norfolk or Petersburg were so much nearer, was to ask the impossible, ^ A Memorial from the Inhabitants of Wilmington to the Legislature on December 3, 1822, says that before "the great storm" of 1763, the Cape Fear bar allowed twenty feet of water at high tide, but this storm made a "New Inlet," while in 1813 nearly a mile of the Cape was washed away, since which the bar is all right, but the flats are worse, and they ask relief. Papers of the Assembly, 1821-2, Historical Commission, Raleigh. 54 JOHN MOTLEY MOREHEAD especially when the constitution of 1776 left these eastern leaders dominant in the state. Herein was, therefore, the greatest peculiar problem of North Carolina— the obstacles to a great port. Its vital nature may be realized by thinking of a state's port as her heart and head. What were Massachusetts without her Boston ; New York State without her city of the same name ; Pennsylvania without her Quaker metropolis, Philadelphia ; Maryland without her Baltimore ; Virginia without her Nor- folks and Richmonds; or South Carolina without her Charleston? The metropolitan port is the head, the heart, the organizing center of finance, and all great enterprise, the keystone of the state's arch. As a consequence, when these obstacles drove Sir Walter Raleigh's enterprises to the Chesapeake, Norfolk became the port of chief entry into the northeastern corner of the colony on the northern waters of the Albemarle, and here grew up the first chief settlements.^ As the grant of Carolina in 1665 stretched from that line below Norfolk down to include all of northern Florida, and westward to the ocean, there were some settlements grew up in the Cape Fear region over 150 miles beyond the swamps and penned in waters of the Sound, which was formed into Clarendon county, most of which was below Cape Fear. Consequently about 1689, the ^ two settlements became known as North Carolina, mean ing the Albemarle settlements and South Carolina, those below and about the Cape Fear river and cape. Some settle ments began to occur between these on Pamlico Sound, one at Bath, becoming the center of a new county of the same name covering all the colony, except the two regions men tioned ; so that up to 1722, when John Morehead I, was mov ing up the "Northern Neck" of Virginia, there had been three counties: 1. Albemarle, covering both banks of that Sound and the Roanoke and Tar valleys, of which Edenton became the chief town ; 2. Clarendon, roughly covering the Cape Fear River valley, but abolished in 1667, of which Wilmington became the head ; and 3. Bath, the space between, but after ^ It should be added that many settlers in this region, when the boundary was unsettled, thought they were stiU in Virginia. Carolina, 1665 North Carolina, c. 1689 Maps Showing Origin of North Carolina Prepared by the author Westward extension var led with variation of British claims LEGACY OF LOST ATLANTIS 55 1667, covering all the rest of the colony with Washington town later to displace Bath, and the Neuse with the Ger man and Swiss settlement of New Bern (later written New bern) at the head of the estuary as chief inland port, both dependent on Ocracoke Inlet, with the Swiss town leading. These two big counties were divided into precincts, which in 1739 became counties themselves, thereby abolishing the two mother counties and creating fifteen : in old Albemarle, be ginning at the east were: 1. Currituck; 2. Camden; 3. Pas quotank ; 4. Perquimans ; 5. Chowan — north of the Sound ; 6. Tyrrell, south of it ; 7. Bertie, westward ; and 8. Edge combe — extending southward nearly to Raleigh site and west to what is now Stokes county ; while in old Bath, also begin ning in the east, were, 9. Hyde; 10. Beaufort; 11. Craven; 12. Carteret; 13. Onslow; 14. New Hanover; and 15. Bladen — the frontier county extending to the Pacific Ocean. It will be observed, therefore, that the first eight, or Albe marle counties are those of the Roanoke and Tar rivers and Sound valleys and that they thus had a special community of interest at this early date which they were destined never to lose; but the latter seven, or Bath counties, were divided in interest because four of them — Hyde, Beaufort, Craven and Carteret — were more identified with Pamlico and the Neuse valley, while Onslow was between them and the two big counties of New Hanover and Bladen, which cov ered the Cape Fear River valley, stretching like a wide ribbon northwestward through the center of the colony almost to the mountains at the Virginia line. These two sections, therefore, had no community of interest — indeed, were essentially rivals. All three, however, were also cut off, in some measure, from their back country, by the beginnings of elevation to what is called the Piedmont Plateau, a line roughly approxi mating a parallel to the coast, but with slight curve from near the first shoulder in the South Carolina boundary north eastward, east of Raleigh site, to somewhat below the Roa noke crossing of the Virginia line, where are a dozen miles of rapids. The Tar rapids are more scattered ; those of the Neuse at Smithfield ; and those of the greater Cape Fear at 56 JOHN MOTLEY MOREHEAD Fayetteville, while her tributaries are lined with falls and rapids. All of which was not designed to encourage early immigration to these upper territories, by water. All of this, however, leaves a great triangle, based on the South Carolina line, between the Cape Fear river ribbon-like valley and the mountains — almost one-fourth of the colony — unaccounted for, which is drained by two South Carolina rivers, the Yadkin and the Catawba, and were consequently unified in their community of interest with South Carolina, as much, if not even more than, the Roanoke and Tar valleys with Virginia — or would be when they came to be much settled. The mountains, too, "The Land of the Sky," were always turning their eyes toward the Mississippi valley with a unity of isolation of their own. And still, while these eco nomic interests made this and the other divisions of the state at an early period, and ethnological and religious groups added to the complexity, a political grouping was to take place with increased settlement, that was to prove the more powerful, as shall be seen presently, for it was destined to unite the whole Piedmont plateau and the mountains as well, against the ancient eastern alluvial plains. For Albemarle county was settled chiefly by English, many of whom were Quakers, while the Newbern settlement were chiefly German and Swiss, largely destroyed by the Tuscarora war of 1712-15 ; and the Cape Fear settlers, about the mouth of that river, were also English. The sturdy permanent element and larger than the latter two, however, and later, was first the Scotch Highlanders, who located at the falls of the Cape Fear, where Fayetteville became their center, and finally the greatest mass of Scotch-Irish and Germans, with many English Quakers, came down the Shen andoah, or the Piedmont, from Pennsylvania and Virginia, into the Piedmont and with such rapidity and in such num bers that it almost became like a new colony, encouraged thereto by the successive Scotch-Irish executives. Governors Johnston, Rowan and Dobbs. The estimated population of these fifteen counties in 1739 was probably about 65,000, for the estimate for 1729 was 35,000 and 1752, was 100,000; but it rose to 200,000 at the The Two Original Counties of 1696 created after and over Original Precincts The Two Original Counties showing Precincts created from 1672 to 1705, Bath a Precinct until 1696 The Two Original Counties showing Precincts created from 1705 to 1712, remainders of Bath and Albemarle serving as Precincts The Two Original Counties showing Precincts, 1712 to 1722 Precincts (Counties from 1739) : 1. Chow North Carolina Countv ; The Two Original Counties showing Precincts created from 1722 to 1729, Albemarle ceasing to be Precinct The Two Original Counties showing Precincts created from 1729 to 1734 Map showing all Precincts transformed into Counties, 1739 Map showing all Counties created from 1739 to 1749 ipment from 167'2 to 1749 ('to"l729), Tyrrell (from 1729); 6. Hyde (after 1705), Bath (before 1696); 7. Beaufort; (after 1722): 10. Bertie; 11. New Hanover; 12. Bladen 8. Bath (to LEGACY OF LOST ATLANTIS 57 time of the Stamp Act, and 250,000 in 1771 — five years be fore independence and union was declared. And this in crease, while in a measure general in territory, was es sentially an extension southward from the rich Roanoke valley and its tributary the Dan, and that, too, from its central and upper courses in the Piedmont. This vigorous element has been said by some to have begun the Revo lution in the Regulators' war about the time of the Stamp Act in what was then Orange county — a western sec tion of old Albemarle and a part of old Bath, extending out to include what became young Morehead's old home coun ties — a struggle that lasted six years, and caused a great exodus to North Carolina's trans-mountain territory to be later known as Tennessee. It is reasonable to suppose that the population, by 1774, was nearly 300,000, when a call came for a Continental Congress and five men, chiefly of that old Albemarle population, braved the British executives' wrath and secured a convention even at Newbern, the seat of his palace, and elected three Continental Congressmen, one of whom was out of the same old county. Mecklen burg, Rowan and Orange, in the Yadkin-Catawba triangle, and upper Cape Fear, westward, were the frontier counties then, and their capitals, Charlotte, Salisbury and Hillsboro took famous part when the guns of 1775 began to reverber ate. And, as has been said previously, it was here the clos ing conflicts of the Revolution occurred. Here it was, too, at Hillsboro, after the flight of the British governor, in 1776, that a provisional government was formed. In this old Albemarle-Roanoke territory, too, at Halifax, on April 12, 1776, their Continental Congressmen were directed by solid vote to secure independence and union. At the same place, too, on December 18th, following, a constitution was adopted by their convention. What was done on that day, just a week before Christ mas, created one of the greatest problems in the state's his tory ; and it was to take nearly eighty years — the better part of a century, to secure its solution. The population was so distributed that the old principle of the Provincial Conven tion with each county equally represented, with representa- 58 JOHN MOTLEY MOREHEAD tion from each town also, was continued in the new con stitution of 1776.' No evidence has been found that this method was considered vicious at that time; but by 1786, when the population is estimated at 350,000, and, the in crease was in the west, and the great principles of repre sentation in a national government were fiercely discussed in 1787, and the immediately succeeding years, the west, or Piedmont and Mountain region, began to challenge the in equality. This challenge, demanding new western counties, of necessity, was met by the east, in an endeavor to retain her power, by the creation of ww-necessary counties, in her territory merely as an off -set : if Caswell in the west is cre ated in 1777, so must Camden be, in the east; and Wilkes in the west must be off-set by Nash in the east; although Burke was created in the west with no counterpart in the east that year. In 1778, however, Gates was created in the east, also Jones, whereupon Montgomery was erected in the west. So in 1779, Lincoln, created in the west, was met by Franklin in the east; and Rutherford and Randolph in the west by Warren and Wayne, east, with Richmond on the border. War and its aftermath kept them too busy the next four years to create counties, but when Moore was created in 1784, in the west, Sampson was erected in the east; while the erection of Rockingham in the west in 1785 was balanced by Robeson the following year. The National Constitution kept them busy, but in 1788, when Iredell was erected in the west with a vigorous challenge of this method, caused by that constitution, no eastern one was created to balance it. Three years later, 1791, the same thing occurred: the west secured Buncombe and the east Lenoir, but when the west secured Person, it was acknowledged a gain. Nothing was done then for eight years, when, in 1799, the west secured Ashe, but the east got Washington and Greene, which re duced the gain in the west. Over eight years passed again, and in 1808, the east met the west's Haywood with Colum bus. This was the status in- 1821, when Quiescere non Possum began to be effective as the motto of young John 1 Free negroes were given the right of suffrage. LEGACY OF LOST ATLANTIS 59 Motley Morehead, and he was elected to public life from one of those western counties, that of Rockingham, one of the westernmost of the old Albemarle-Roanoke group, when the west began to be restive with a constitution that could be manipulated in so absurd and unjust a way. Furthermore, the lower Roanoke and the east were the region of great plantations and consequently of great slave population; and yet it was the Quakers in the northeast of old Albemarle that were the first to give vigor to the emanci pation movement, which later was pushed with power by the Manumission Society of the Quakers in Guilford county in the west, which became Morehead's permanent home ; but of this theme more anon. The federo-national ratio of races in voting, intrcxluced with the constitution of the United States, in 1787, became a new source of complexity between the east and the west, where the slaves were so much fewer; and increased the resentments of both. The federo-national constitutional ratifying conventions of July, 1788, and November, 1789, at Hillsboro and Fayetteville re spectively, in the first of which it was merely not ratified and in the second ratified, probably furnished no other problem, in these earlier years; and yet it was destined to furnish almost her greatest one. The new political science, which locates sovereignty in the individual, who creates state and nation with leased, revocable, limited sovereignty — the great discovery by America — was not yet generally grasped ; and it was over a year after this ratification, that it was first formulated by James Wilson at the National Capital, in the CoHege of Philadelphia (later the University of Penn sylvania), in his so-called "Law Lectures" — and then many, many years before it was widely understood and adopted, anywhere in the United States. Here again the old Roa noke-Albemarle country led and prevailed in ratification ; but young Morehead's revered teacher. Dr. David Caldwell, did not believe it was "We the people," who made the consti tution, in which, however, he only represented people in all the states who had not yet grasped the new political science ; and stood as much in fear of "consolidation," or elimination of states, as the extreme Federalists did of anarchy. And yet, by that great fear the party of Caldwell and Jones, like 60 JOHN MOTLEY MOREHEAD that of Mason in Virginia and Bryan in Pennsylvania, and all those who wished states equally represented in the upper house and some pre-cautionary amendments, themselves contributed one of the greatest elements to the new politi cal science, namely, protection of the minority by the upper house, and individuals in ways provided in the first amend ments. In James Iredell, of Edenton, however, was repre sented North Carolina's final attitude, and in him produced the father of one school of constitutional thought, as James Wilson of Pennsylvania was of the other, until the American people came to see them as complimentary in a more perfect political science.^ This is not to say that North Carolina was not divided between these two schools, as were all the other states ; or that even the old Roanoke-Albemarle country was not also divided, for it was ; but the tendency to f edero-nationalism was led by old Albemarle county at the earher period and flourished more in the west, when that new population began to be more vigorous in leadership. Federo-nationalism in both periods meant primarily union; and union character ized the dominant element in all the period up to the en trance of John Motley Morehead into public life from Rock ingham county.^ It need hardly be said that reference is 1 HoiL H. G. Connor and Mr. W. W. Pierson, Jr., in well-known articles, have made the point that the idea of independence of states, separately, is illus trated in the period from March until November^ 1789, after the constitution became effective, but before the people of Nordi Carolina ratified it; but North Carolina did ratify it, and at no time rejected it, and was merely in process of ratification and was a part of United States territory^ nor. exercised any national functions. The case of Rhode Island even cannot reinforce such an idea, be cause she also was a part of the territory of the United States, nor exercised any national functions. One is liable to forget that the Declaration was one of independence and union; that "the United States in Congress assembled" took over the imperial or national powers from Great Britain coincidently with the Declaration and no state liought of such a thing as exercising them alone. Disagreement with a form of constitution dora not break up the meeting, for there is an automatic previous order that it becomes effective with a certain majority. That majority merely patiently waited for North Carolina and Rhode Island to think it over. Nothing is gained by trying to preserve the half-ideas that both Federalists and Republicans then had in their groping toward a real political science. Although James Wilson is mx)re easily the father of the con stitution than any other man, and has more nearly the right to the title of father of political science, yet he did not appreciate, until later, the great prin ciple of m^inority protection through the upper house — a principle, which like the Federal Reserve System, keeps the nation from being led by an American Prussia-like majority in the northeast. The devotion to the union in North Carolina for the first three-quarters of a century is one of the most striking facts of her history. ^ The term *'f ederal" properly applies to union between states, as such, and so represents that part of the government called the Senate; but "national" ap plies to that part resting on "We, the people," etc., namely, the House; the executive is therefore a combination of the two, as is the judiciary. The more accurate term to describe our government is "federo-national." LEGACY OF LOST ATLANTIS 61 not here made to partisan Federalism or partisan Republico- Democracy ; for in the partisan field, North Carolina joined most other states in swelling the prestige of the sage of Monticello and admiring the Hero of New Orleans as he began to appear at the close of that conflict. In the midst of these, however, the federo-national tendency still held. No state was more proud of the union, and it was upon this foundation that young Morehead based his leadership — the same basis on which Johnston and Iredell built ; but, as has been said, this furnished no serious problem at this time. North Carolina's problems were essentially from within, not from without. This political rivalry between the alluvial east and the uplands of the Piedmont and mountains, was the basis of most of her other problems: Education, Internal Improve ment, Geological Survey, Transportation, Finance, Com merce, Land Reclamation, Agriculture, Manufactures. The alluvial east with its great slave plantations, and their sim plicity and self-sufficiency, could not arouse in themselves an active interest in these great questions, which were a matter of life and death to the Piedmont and mountains ; and this sluggishness, which could not be removed but by a po litical revolution, caused an exodus of vast numbers to the western and southern states. And still the population in 1790 was 393,751, and at the end of that century, 478,103; while in 1810 it was 555,500 and in 1820 was 638,829, just the year before young Morehead entered the Assembly. Nevertheless the eflfort of the west to induce the east to provide for these elements of development in the common wealth, except in a reluctant, meager manner, intensified the west's political feeling and their determination to go first to the root of the matter, namely, secure real representation in the Assembly, such as was had in the National House of Representatives or most other states. They well knew this was transferring political power to the west, and with that power, these things would be added unto them; but it be longed to them of right ; and the same thing was in process in the nation at large, where the west was preparing to 62 JOHN MOTLEY MOREHEAD elect a President for the same reason and with the same phenomena of transfer of political power.^ This picture of the problems of North Carolina, supple mented by that of Judge Murphy, whom financial failure had overtaken the summer before, causing him to resign and return to practice at Greensboro, for a time, is that which was before the mind of John Motley Morehead, as he was chosen to go to Raliegh and take part in their solution in the House of Commons, as the lower house was then called. ' The session of the Assembly of 1819-20 was almost entirely given over to this fight; and this was taken up again in 1821. V Morehead Attacks Educational and Constitutional Problems 1821 On August 9, 1821, the vote cast in Rockingham county elected Nathaniel Scales to the State Senate and John Motley Morehead and James Miller to the House of Com mons. The results were of course not known from all the county on that day; but probably were within ten days, or by the 20th. By this time, also, it began to be evident that the twenty-five-year-old Lawyer and Representative of Rockingham county was concerned in another inauguration, namely, in the state of matrimony, for on August 25th, he went to the Court House in Wentworth, and with a relative of his fiancee, Jesse Harper, put up a marriage bond for $500 to Governor Jesse Franklin, and as he filled it out, did so with the usual prospective benedict's trepidation and con fusion writing "Eliza" first, and then writing "Ann" over it, adding "Eliza Lindsay," in proper order.^ Two weeks later, on September 9th, they were married at the Lindsay home near Greensboro, and the Representative of Rockingham county, with his Guilford county bride, had the unusual ex perience of becoming at the same time a resident of another county than that which he represented, for Mr. and Mrs. Morehead at once made a home in Greensboro, which was to prove permanent. By the time the usual honeymoon was over, say some two months, or to be exact, on November 19th, Mr. More- head was in Raleigh and present in his seat in the House of Commons at the capitol. This building was just two ^ Marriage Bonds of Rockingham County, Historical Commission of N. C, at Raleigh. 63 64 JOHN MOTLEY MOREHEAD years older than young Morehead, himself, having been completed under Governor Richard Dobbs Spaight, in 1794. It was built of local brick and the State Architect, Wm. Nichols, who was making some changes and additions to it, had been so perturbed by rumors to the contrary, during the summer, that, in the Raleigh Register of July 27th, he had assured the public that all would be ready for the regular session. Presumably the young representative's bride joined him in the "City of Oaks," as the capital was well called in that day— a place of 2674 inhabitants, con siderably over half colored, namely, 1497, of which about one-seventh, 177, were free negroes. This left a white population of only 1177. It was, however, the third city or town, in size, Newbern being the largest, at 3663, of which 2188 were colored (268 free) ; and Fayetteville a close sec ond, at 3532, of which 1614 were colored (277 free)— strikingly different from either Newbern or Raleigh, being the seat of the Scotch Highlanders who took less to slavery. The capital was but slightly larger than Wilmington, at 2633, with far over half colored, 1535 (only 102 free). These were the larger places, Edenton, Salisbury and Washington being scarcely more than villages, with 1561, 1234 and 1034 inhabitants respectively ; but of these Salisbury had the most white people, while Edenton and Washington were con siderably over half colored, so that Edenton's white popu lation was only 634. These were the principal towns, so that Raleigh had a very respectable place as a capital city, when Representative Morehead of Rockingham, and incidentally of Guilford, first entered there upon his public career. The House of Commons represented counties only, not population— its basis being practically the same as the United States Senate, except that each of the six chief towns had a representative, and also Hillsboro and Halifax, except Raleigh and Washington.' Salisbury and Hillsboro sent probably the ablest and most influential men, the former sending Charles Fisher, who was easily the House leader, while the latter furnished the Speaker, in James Mebane. ^ This representation was specified in the constitution of 1776, when Raleigh and Washington were not in existence. Capitol at Raleigh, 1794-1831 Burned in 1831 From a painting by J. A. Marling, 1824, in the Hall of History, Raleigh CONSTITUTIONAL PROBLEMS 65 D. L. Berringer of Raleigh was also rather prominent, but Fisher was easily the leader of the House. He was only seven years older than Morehead, a native of Rowan county and educated chiefly by Rev. Dr. McPheeters of Raleigh. Educated for the law also, he was diverted from it, to the State Senate in 1818 and Congress in 1819-20, but was now returned to the House of Commons as leader of the west in their proposed attack on the old constitution, and was destined to so continue until the fight was won. Young Morehead enlisted under his banner. In the organization of the House, young Morehead was assigned to his first committee on the 23rd of November; and it was no unimportant one either, namely, that on the settlement of the boundary between North Carolina and the states of Georgia and Tennessee, a necessity in the disposal of the Cherokee lands in that corner of the common wealth. Four days later he was added to the committee on Correcting Bills on which day he first had occasion to express himself on a yea-and-nay question, voting with a great majority postponing indefinitely a bill relative to slaves exe cuted for capital offenses. On the 28th, he made his first motion, namely, that the Judiciary Committee consider in creasing of penalty on Sheriffs and other officers for fail ing to make, due returns of writs, etc., and on the 30th pre sented his first bill, to alter an act of 1741 for restraining taking of excessive usury, and it passed first reading. The same day was to witness his first experience on the losing side, when he voted to postpone indefinitely a repealer of an act of 1820 providing for payment of costs when a slave was convicted of a capital crime ; but on December 1st he was effectively against a bill fixing vacant lands at 5 cents an acre ; while on the 4th he was one of a committee of two to join two of the Senate in conducting the election of a suc cessor to Governor Franklin.^ It was the 6th, before the gubernatorial deadlock was broken by the election of Gen eral Gabriel Holmes of Sampson county. 1 It may be noted that as the Governor was elected by the Legislature under the constitution of 1776 and was given almost no powers, the chief executive became a mere figure-head and voice of the Assembly, unless, like Johnston, and Swain, later, he happened to be a strong personality. 66 JOHN MOTLEY M0REHE.A.D The constitution of 1776 had provided for public edu cation, but it was so nearly a dead letter, that efforts to make it effective had been in vain ; but, Francis L. Hawks of New bern, afterward a minister, after the gubernatorial election was settled on the same day proposed a resolution for an in quiry into whether the Legislature had obeyed tlie consti tution in establishing a public school system, and directing the formulation of plans, if it had not. Young Morehead's reputation as a student and teacher, as well as lawyer, marked him for fourth place, next to Charles Fisher, on a committee of sixteen. He was, therefore, recognized as a lieutenant leader in the proposed founding of a public school system for North Carolina. It was perfectly natural, also, that this newly bom benedict should, on the same day, pre sent a bill providing for recording of marriage Hcenses, as he did, and it passed first reading. Mr. Morehead was very active. Governor Holmes was sworn in by Chief Justice Taylor on the 7th in the House, after which the Rockingham representative was made one of a committee of five to consider the needs of orphans. The red-letter day, however, was three days later, December 10th, for on that day Mr. Fisher, paving the way for the new educational program, put through a motion to consider the advisability of creating a fund to be known as "The Literary and School Fund;"^ while he also put through a resolution for a vote of the people on a Constitutional Convention on the federal ratio, white and three-fifths colored." Before this got into Committee of the whole on the 18th, several things occurred: Morehead lost his usury bill 100 — to 25; Fisher got the State Library put in the west wing confer ence room; Fisher proposed a road throngh the Cherokee lands to meet one being built in Tennessee; arrangements were made to receive the new statue of Washington ; Fisher 1 The action on this fund seems to have been precipitated in part by the question then before Congress of disposing of public lands tor educational pur poses in each of the states. Maryland and New Hampshire liad approached North Carolina on the subject and a committee had reported on it. Raleigh Register, Jan. 4, 1822. 2 This subject had already been introduced in the Senate, but that body curtly refused to receive it, although they gave it somewhat more courtesy afterwards. CONSTITUTIONAL PROBLEMS 67 and Morehead failed in an effort to make a change in David son county ; and lost and won in some yea-and-nay votes. On the 18th, however, came action on the constitutional question. The chief executive, at this time, might have used the exact words of another in opening this session, when, on referring to important subjects before it he used these words : "Of these, the proposition to amend the con stitution of this State, first introduced into the General As sembly, in 1787, and which has continued to command the public attention for nearly half a century, is regarded as most prominent. . . . The proposition to change the system in 1787, and the following year, was introduced and sustained by some of the most distinguished statesmen of that era, who were also conspicuous members of the Congress which framed the constitution itself." It may be explained, before quoting this executive further, that North Carolina extended to the Mississippi river in 1787 and 1788, and what is now Tennessee was nearly covered by six counties, namely, the four shown in the accompanying map of 1783 : Sullivan, in the northeast corner of what is now Tennessee; Washington, stretching from that to the southern boundary ; Greene, paralleling that across the state; and Davidson, covering somewhat more than the northern half of the rest of the state to the Ten nessee river — the rest being unorganized; and finally the county of Hawkins, carved from little Sullivan, and Sumner, from Davidson, on January 6, 1787.^^ "It was adopted in both instances by one branch of the legislature," continues that executive, "and would most probably have succeeded in the other, but for nearly unani mous opposition of the members from the counties which now constitute the state of Tennessee. It was then, as at present, the source of contention between the populous and sparsely settled counties, and hence the change was uni versally desired by the maritime portion of the State. The cession of our western territory to the general government, obviated to some extent, the inequality previously com- 1 Colonial Records, Clark, Vol. XXIV, pp. 826 and 830. The accompany ing map is from one in Vol. XVIII, at p. 496, by E. W. Myers. 68 JOHN MOTLEY MOREHEAD plained of, and restored temporary harmony to our public councils."^ Governor Franklin, however, did not even men tion the subject and declined reelection. The "temporary harmony" referred to, caused by the cession to the nation in 1790 of what is now Tennessee fol lowed by its erection as that state in 1796, was only tempo rary ; for the state's population rose from 393,751 in 1790 to 638,829 in 1820— an increase of 245,078 in thirty years, or about 25,000 every decade, but an increase that was so largely west of Raleigh, that the "populous" and "sparsely settled" portions gradually became reversed in location, the west becoming relatively more "populous" and the east relatively more "sparsely settled !" Therefore soon after the census of 1810 appeared, the west began to want revision and the east to take the conservative position of the extreme west, or Mississippi valley counties of 1787 ! And the past decade, with the census of 1820, had only intensified it and now the fight was on in earnest with Fisher of Salisbury in the lead and Morehead as chief lieutenant; and the fray began in committee of the whole on December 18, 1821. Mr. Fisher made a very able speech, in which he attacked the "sacredness" of the work of the Revolutionary fathers in making the constitution of 1776. "Sir," said he, "the Pro vincial laws and customs were the materials out of which the Constitution [of North Carolina] was built, and the Constitution is little more than a compilation from these materials." He was ably answered by Mr. Hawks of New bern — the largest town in the state — and Mr. Alston of Hali fax.^ Whereupon Mr. Morehead entered upon his defense and attack on the opposition. This seems to be his maiden formal effort and is the earliest of his addresses which have come down to us. In this debate on December 18, 1821, Mr. Morehead said this subject was one of great interest to the State, and on the decision of which no man could feel indifferent. It is a 1 Executive message of Gov. David L. Swain, 17th November, 1834. ^ Hawks was two years yovmger than Morehead and both died the same year. He had studied law under William Gaston, of Newbern, and was in tlie Assembly as a lawyer, although in 1827 he was ordained in the Protestant Episcopal Church and became one of the most distinguished divines in New York City. Map of North Carolina, 1783 Prepared by the author Showing four counties, now Tennessee, that voted against change of State Constitution in 1787- CONSTITUTIONAL PROBLEMS 69 question which is calculated to call forth that kind of public feeling \yhich is necessary for the welfare of the republic. He "was sorry to see anything like party feeling intro duced into this argument. He must tell the gentleman from Newbern (Mr. Hawks) that he had misunderstood the re mark of the gentleman from Salisbury (Mr. Fisher), when he said we will have a Convention ; it was not the language of menace, which he used, but of prediction. "If he could prevail on his friends from the East to attend dispassionately to a plain statement of facts, he should have no doubt of convincing them that our present represen tation is unequal and unjust, though they might still doubt the policy of the proposed amendment. "But the gentleman from Newbern has endeavored fo excite an alarm in the committee, which was calculated to prevent a fair discussion of the merits of the question. "The gentleman from Halifax (Mr. Alston) had com pared some of our large and small counties to the States of New York and Rhode Island, under the General Govern ment. [Mr. A. explained.] How are these States repre sented in Congress? Like the counties in this State in the General Assembly? No, sir; the United States are each of them distinct and independent sovereignties,, whereas our counties are marked out by lines changeable at the will of the Legislature. Congress cannot divide a State, or inter fere with it at all. Mr. Morehead hoped, therefore, this comparison will pass for naught. "Do we," he asked, "see property represented in the General Government? No; the Senate is composed of men representing the sovereignty of the several States. Go, then, to the House of Representatives. Is there anything like property there respected? No; nothing but freemen, with the exception of three-fifths of other persons, which was a matter of compromise with the Southern States at the time the Constitution was formed. "And is there any reason," he asked, "why property should be represented in this government? If so, how would gentlemen have property represented? How is the Senate at present composed? Is it not the representative of the 70 JOHN MOTLEY MOREHEAD landed interests of the country? Is not this a sufficient representation of property? Would you have your slaves represented as in the general government ? Would you have property represented in both houses ? If so, you would put it in the power of wealth to dispose of the destinies of your country. "But the gentleman from Newbern says that Mr. Jeffer son and Mr. Madison, whom he calls the high-priests of Re publicanism, live in Virginia, where no person unpossessed of freehold property is permitted to vote for a representative ; yet he says they do not complain, nor are their unrepresented people less ready to fight the battles of their country. Sir, in the late contest with Great Britain we have seen the sturdy yeomanry of Virginia ordered to Norfolk for her protection; we have seen them fall victims to the climate and to expo sure ; and they now lie mouldering in the dust, sacrificed by the laws of a country in which they had no voice ; sacrificed by the laws of a State in which they were legislatively anni hilated." He "admired the character of Virginia ; he rever enced her sages ; but he hoped he should not be considered as a political infidel, when he told the committee, he shuddered to think, that the poor freemen of his State should ever be excluded from the Legislative councils of the country. "To whom," he asked, "did this country belong, when it burst the British fetters and became independent? It cer tainly belonged to ¦ the whole community, and not to the wealthy alone. Why, then, should the people be deprived of any privilege for which they jointly fought and to which they are justly entitled?" He "believed, if he could assure himself that the situ ation of this State would always remain as it now is, he would not be in favor of calling a Convention ; for no gentle man of that committee held the constitution more sacred than he did. He approached it with that awe, with which Moses approached his God while the thunders of Sinai were playing around him ; he touched it with that diffidence with which the Israelites touched the Ark of the Covenant. But the foundation of our political Fabric is rotting ; we must re pair it in time, or in time it will tumble. CONSTITUTIONAL PROBLEMS 71 "What," he asked, "was the situation of things at the time when our present constitution was formed? The Eastern part of the State was almost the only part that was in habited. The West had but few settlers. But our lands are now rising in value, and our population is every day in creasing, while the Eastern part of the State remains much the same. Take us," said he, "poor as we are, and where is the boasted superiority of the East?" He apologized for this remark, but said, the moment this subject was intro duced, the gentleman from the East made it a party question. He said, "he had made a few calculations on this subject, which he would offer to the committee. In this estimate he had given Granville to the West [north of Wake county, the seat of the capital] . He had considered Wake as neutral, as she ought to be. She is as much the darling of the West as of the East. He had made his calculation first as the gentle man from Newbern wished it to be, according to Federal numbers. "The total amount of population (including slaves and free persons of color) is 658,829. The whole Federal popu lation of the State is 556,839. The Federal population of the 27 Western counties is 305,015, which, reckoning 2993 persons to send a member, entitles them to 102 members, instead of 81, which they now send. The Federal population of the 34 Eastern counties is 234,100, which entitles her to 78 members only, instead of 102, which she now sends. The Federal population of Wake county entitles her to six mem bers. Representation, then, upon the Federal principle, entitles the West to 21 members more, and the East to 24 less than they now send to the Legislature, and Wake to 3 more. "Go to the next principle of representation : that of free white population and taxation. The taxes of the whole State (exclusive of clerks and auctioneers) is $65,735.60. Taxes of the Western counties are $31,184.09; of the Eastern, $32,203.41 ; of Wake county, $2348.07. Estimating $353 for each member the Western counties will send 88 ; the Eastern, 91 ; and Wake, 6. "Go to the next branch of the principle, that of free white 72 JOHN MOTLEY MOREHEAD population, to which the opposers of these resolutions have the greatest objection, and the Western part of the State will be entitled to 31 more members than she has at present, and the Eastern part to 34 less. "For the total white population of the State is 419,200, The Western counties have 253,235, which, allowing 2253 persons to send a member, will give her 112 members. The Eastern counties have 154,014, which will give to them 68 members. The white population of Wake, being 11,951, gives to her 5 members. "So that upon the principle of free white population and taxation combined, the Western counties are entitled to 100 members, 19 more than at present. The Eastern counties, to 79 members, which are twenty-three less than at present. Wake county, to 5 members, instead of 3. "Then compound the representation of the Federal popu lation, free white population and taxation, and the Western counties are entitled to 101 members, 20 more than at pres ent, and the Eastern counties will be entitled to 79 members, 23 less than at. present. So that, upon the very principles upon which the opponents of the resolutions contend, the West evidently labor under important grievances. But wealth is sufficiently represented in the Senate to afford it self protection. The representation of our State should be upon the principle of free white population, requiring certain qualifications in the representatives, and in the elec tors of one branch of the Legislature, barely sufficient to protect wealth. "Wealth fattens on the necessities of poverty; it can bribe ; it can corrupt ; and whenever it shall have a predomi nant weight in our government, we may bid farewell to the boasted freedom of our Republic, and ignominiously sub mit to the yoke of Aristocratic Slavery. "The 34 Eastern counties having a free white population or 154,014, send to the Legislature 102 members ; the 27 Western counties send 81 members, which, in the same ratio of the East, represent 122,229, leaving a balance of 131,024 free white persons together with all the negroes of the West, arrayed against the negroes of the East, and unrepresented. CONSTITUTIONAL PROBLEMS 73 Add to this. Sir, the vast extent of the West, the health of the cHmate, the territory acquired from the Indians, the vast increase of the value of the lands and wealth of the West from internal improvement; add these to the grievances under which we labor, and ere long they will become in tolerable, not only to patriotism, but to patience itself. "When I predict, under these circumstances, a Con- ventio^n will be had, can the prophecy be doubted ? "We have now met the call of the gentleman from New bern. Here is our grievance, which we wish to be at tended to. "No man would be more unwilling," said he, "than my self to touch the constitution, if I did not think the occasion called for it, and that the time is peculiarly favorable. The proposition before the committee ought not to be considered in the light of a contest for power. We do not ask from our Eastern brother anything to which we are not entitled. Nor would we ask for a correction of this grievance, if it were not constantly accumulating. For, to do our Eastern breth ren justice, we acknowledge they have wielded their power with a great degree of justice and moderation, and it is hoped they will continue to do so. "It will be to the East, if we are ever invaded. It may be expected your protection will not be found in your negroes ; it will be found in yourselves, or in the strength of the West. "For equal rights and privileges our fathers jointly fought, and bled and died, and their bones now lie hallow ing the soil for the freedom of which they fell a sacrifice. "But give us these, and when the demon of desola tion shall hover around your borders, and the tragedy of Hampton is to be performed on your shores, call on your brethren of the West, and the mountains will roll their might to the main, carrying protection to your wives, your children, your homes and your country." The speeches of Messrs. Fisher and Morehead were the objects of Eastern attack, and Thomas W. Blackledge of 1 Raleigh Register and North Carolina Gazette, 1st Feb., 1822, from "Debate on the Convention Question," House of Commons, 18th Dec, 1821. 74 JOHN MOTLEY MOREHEAD Beaufort was particularly vigorous, complaining that the westerners brought up this subject every year. Willis Alston of Halifax tried hard to head off the eastern and western division that seemed to be becoming more intense each year, claiming that it was un-natural ; that the natural divisions were four, not two : 1. The old Roanoke-Albemarle counties, clear to the Tennessee line ; 2. The Neuse and Tar valleys up to Wake and New Hanover; 3. the Cape Fear ribbon valley up to Stokes and Rockingham ; 4. The rest from Columbus county westward. It was a vigorous fight and it classified Fisher and Morehead for Hfe, but when the vote came on the 19th of December it was shelved by a vote of 81 to 47, every one of the counties east of Robeson, Cumber land, Wake (Raleigh) and Granville being against a con vention as "inexpedient." Fourteen of these eastern coun ties paid less than their share of cost of government, while but five in the west were in like condition. The Senate treated the subject no better, indeed not so well; for when Senator Williamson of Lincoln county introduced a similar resolution, they practically refused to entertain it, although they reconsidered the next day. The result was that the great main object of the session was lost, on this 19th day of December, 1821. While Mr. Morehead went to and fro in the business of law-making, he often saw Chief Justice John Marshall, who was then holding the national Circuit Court of this circuit, as had Justice James Wilson in the time of Washington. On the day before Christmas, too, he took part in the recep tion and dedication of the beautiful statue of the great first President, by Canova, in the rotunda of the capitol. This artistic creation from Italy had been made from the artist's original plaster model, probably the last work he ever did, for he died the following October. It represented the great American seated, dressed in the Roman toga, and engaged in writing his farewell address. It stood high above the spectator's head, on a large pedestal, on whose sides were bas-reliefs depicting leading victorious scenes in his life. It was destined to stand there for only a decade and to be beheld in admiration by multitudes, among them being Constitutional Contest Map of North Carolina, 1821 Prepared by the author = Line dividing East and West : Lines dividing groups: 1. Roanoke; 2. Pamlico; 3. Cape Fear; 4. Western { Paying over share of cost marked 1 Counties in 1832 -| Paying less than share marked 2 Paying about share no mark CONSTITUTIONAL PROBLEMS 75 Lafayette; for it was calcined in the destruction of that capitol a decade later.^ Not six months after this day, John Adams and Thomas Jefferson, as if in premonition of the deaths on the same day, the nation's natal day, too, ex changed philosophical letters on the subject of old age. Rep resentative Morehead and a new generation were coming to their own. The session only lasted until the 29th, and but few other things were done of particular moment to Mr. Morehead, who fought the big eastern majority. The new Board of Internal Improvement was chosen on Christmas Day, and Prof. Denison Olmsted was voted $100 to defray his ex penses in a voluntary geological survey during the summer — a field in which this state was destined to take the lead. And on the next day a Board of Physicians was proposed, Morehead being one of the committee, but the Senate op posed both of these latter two projects. He was also in the majority which tried to create an internal improvement fund f as he was also on a bill to incorporate the Clubfoot and Harlowe's Creek Canal Company, a revision of the act of 1813, which w^s to connect the Beaufort Harbor with the Pamlico Sound. On the last day he was one of the House nominees for trustee of the University, but the big eastern majority refused to elect him; and with the close of the year 1821 Representative Morehead of Rockingham county, became for all practical purposes, plain Lawyer Morehead of Guilford county, his future home. ^ The original plaster model of Canova still exists in Italy, and the Italian King, in 1909, gave the state a replica in plaster, and it now stands in tlie HaU oi History at Raleigh. See Bulletin No. 8, N. C. Hist. Comm., by R. D. W. Connor. * They succeeded in getting the dividends on state stock in the Newbern and Cape Fear (Wilmington) State Banks to the amoimt of about $25,000, voted. VI Other Problems Follow Personal, Slavery, Internal Improvement, Judiciary Criminals and Defectives^ Transportation Quakers and History 1822 The experience of Lawyer Morehead in challenging the eastern counties was calculated to give a wise young man of twenty-five years pause. It might naturally seem to him that if wealth was so powerful, it might be well for him to provide himself with it ; even if Guilford county had not already had able men whom she would see no reason to displace with a young new citizen from her daughter county to the north.' So, for the next four years, he de voted himself to his profession, and to other personal problems quite as extensive, if not more so ; for John Motley Morehead's mind teemed with development in every line that came under his observation, and everything that he touched flourished. His interests at this particular period were so many-sided, as they always were, and exact record of them is so meager, that only general terms can be used for the most part, at least for this period, even if more detail in treatment of so public a career were desirable. His profession as a lawyer, of course, came first and his practice extended to County Courts; the Superior Courts created in 1777, and covering the state with eight districts ^ The western members, in 1822, called an extra legal constitutional con ference to meet in Raleigh on November 10, 1823, and this body formulated such a constitution as they thought the west would favor, but as Mr. Morehead liad no part in it, it need not be considered. Its quarrel over white and federal ratio basis, and the success of the latter, did not appeal to men like Morehead or his Quaker constituency; for it would have identified the middle with the east and left political power as it was essentially. They recommended call of a convention the next year but the Assembly, controlled by the east, ignored it 76 OTHER STATE PROBLEMS 77 at this time, his own being the Hillsboro District; the Su preme Court of North Carolina, which had begun its exist ence January 1, 1819; and the United States District and Circuit Courts. There is no record of his admission to the bar of the National Supreme Court, and it is not known that he had practice outside of the state. He had a widely- extended practice within the state, however, and, according to one authority, was particularly distinguished in criminal law. The earliest incident discovered is one in which both he and William A. Graham were associate counsel with his old preceptor. Judge Archibald D. Murphy, and the writer, Lyndon Swaim, one-time editor of the Greensboro Patriot, says it was "near sixty years since" [writing under date January 19, 1883, in the Patriot] , which would make it near 1823, the period now under consideration. It was in a case locally known in Randolph county, in whose court the inci dent occurred, as "The Fishtrap Suit." "John M. More- head, then young at the bar, and L think also W. A. Graham, still younger, were associate counsel," says Mr. Swaim. "The suit made a great noise in the neighborhood, and I heard the parties, the witnesses, the lawyers, etc., thoroughly discussed. Though a mere boy, the circumstances and the personnel made a mOre vivid impression on my mind than many a more important matter since. Judge Murphy was, in my eye, the central figure. He was very small of stature, thin and pale, with a kindly, kindling eye, and a gentleness, nay sweetness of expression almost feminine. He was dressed with remarkable neatness, his coat hanging some what loosely upon his attenuated frame. The lifting of his hat as he stepped into the bar, his bow to the judge, his greet ing to every member of the bar and to the officers of the court — ^nobody was omitted — was such an exhibition of self- possession and grace as I had never witnessed before, and such as, I yet verily believe, is seldom seen outside of a Parisian salon; and the crowning charm was, he made everybody feel that he was sincere. His hand-shake, even with a boy, left a pleasant memory. There was no hurry about it ; he took time to attend to the matter in hand (pardon 78 JOHN MOTLEY MOREHEAD the pun) ; the softly repeated pressure and the lingering glance of his dark eyes were magnetic in eflFect. I have never seen but one Hkeness of him, an engraving in the University Magazine, some years ago, probably from an old family portrait when he was very young. It was Raphael like in rounded grace of outline and softness of expression. The matured face that I saw had the harder lines fixed by time and thought and care — nothing left but the gentle ex pression. The Fishtrap trial occupied most of the week. The points are beyond recollection. But I remember an ob servation made about Morehead. The second day's exami nation of witnesses was in progress, when Murphy remarked to Morehead, 'My young friend, you appear to be taking no notes of the evidence.' 'No, Sir,' he replied, 'I depend upon my memory.' The senior expressed his apprehension of the result. But when Morehead came to 'sum up' before the jury, his memory served him with remarkable correct ness and particularity. His success in this case laid the first solid foundation stone in the building up of his reputation at the bar.'" "Mr. Morehead," says a member of the Greensboro bar of 1907, "was greatly devoted to the profession of law, and while he was eminent in the practice of the civil courts he was especially great and successful in the criminal courts, and his practice covered a number of counties. He was an acknowledged leader in the courts in which he practiced. He was retained in nearly all the murder cases in the part of the state where he resided and never had a defendant for whom he appeared convicted of murder or hanged."'' "When I entered the profession," says another dis tinguished lawyer of a later date, "I met him here [Greens boro] at the May term of the County Court, and found him occupying the position of leader on his circuit. I was pleased with his appearance, was attracted by his amenity and fasci nated by his talents. His personal presence was imposing, his face beamed with kindness, and when he addressed the court 1 The Papers of Archibald D. Murphy, Hoyt, Vol. II, pp. 432-3. ^ Publications of The Guilford County Literary and Historical Association, VoL I, p. 57, The Bench and Bar of Guilford County by Levi M. Scott OTHER STATE PROBLEMS 79 and jury, I heard him with delight, and was filled with admi ration.'" On January 17, 1822, he was among those whom conflict of new dates of the Superior Court, made by the Legislature, caused inconvenience and loss. Lawyer John M. Dick, of Greensboro, writing to Thomas Ruffin at Hillsboro, on the above date says: "You inform me that our legislature has legislated you out of two courts and express a hope that you are the only sufferer among your brethren. I am a feUow sufferer with you, and we are by no means alone, Mr. Little, Mr. Morehead and several others are much injured by the changes. I am legislated out of Orange County Court and the Superior Court of this county will sometimes con flict with the County Court of Randolph County."'' An eminent lawyer who was admitted to the bar about a decade later says : "When I was about to start out to prac tice law, I asked the advice of Judge Mangum. He named the courts which he advised me to attend. 'But, Judge Man gum,' said I, 'the oldest lawyers in the State practice in those courts, and have all the business. And I have neither repu tation, nor friends, nor money.' 'No matter,' said he, 'go where there is business ; do not fear competition. The ex amples of these great men are just what you need. If you want to find tall trees, you must go among tall trees.' I took his advice and proved its wisdom. I was soon in full prac tice; and never met those great men that I did not feel a longing to be like them — Badger, Nash, Devereux, Haywood, Graham, Morehead, Norwood, Saunders, Mangum, Waddell, Gilliam, Bryan, Miller, Iredell — an abler bar than that of the United States Supreme Court, as I have heard Mr. Badger say."^ These were the courts in the northern part of the state — ^the old Roanoke- Albemarle and adjacent territory south and west. If to this list one adds William Gaston of Newbern, there were no greater lawyers in the state, in the period before the civil war, and most of these came to have '¦ Hon. John Kerr in memorial oration, 26th Feb., 1867, at Wentworth, N. C. ' The RufHn Papers, Hamilton, Vol. I, p. 261. ' Hon. Edwin Godwin Reade, LL.D., of Raleigh, in an address before the North Carolina Bar Association on July 9, 1884, p. 12. 80 JOHN MOTLEY MOREHEAD a national reputation. Morehead was recognized by these men as one of them, probably as early as 1825, and certainly was recognized as one of them by the profession and people at large. It was in this latter year that he erected the residence on an elevation in the midst of an oak grove of the original forest on the edge of Greensboro, now at the corner of Washington and Edgworth streets, that became famous under the name "Blandwood," whose hospitality was so notable that "mine host" of the various Greensboro inns and taverns was often piqued at the loss of what might have been theirs. By the close of this year in the new home, Mr. and Mrs. Morehead had two children, one Letitia Harper Morehead, then two years old, while the second daughter, Mary Corinna, was born on November 27th of that year. They had been but a few months in "Blandwood," when the people of Guilford county, in August, 1826, as though taking the establishment of that home as evidence of perma nent citizenship, elected Mr. Morehead again to the House of Commons at Raleigh during the following summer; There were five candidates for the two places, Morehead receiving the highest, 1125 votes, and Francis L. Simpson 867, the three others falling below 777. The reason for this was the great questions that were to come up before the Assem bly, for it was a great time. The rumblings of Jacksonism had begun to be heard, and North Carolina's attitude at this time was significant, for when the election was thrown in the national House of Representatives the previous year, she was one of the four states which voted for Crawford [Georgia, North Carolina, Virginia and Delaware], when seven voted for Jackson and thirteen for Adams. It will be well to note the significance of this, for it is a complicated matter, and of great moment to Mr. Morehead and his constituency: In a certain sense it was a question of slavery and the Quakers' objection to it. This denomina tion had petitioned the Fifth Congress against slavery— the first North Carolina petitioned against it ; and they utilized it again and again, until it was objected to when John Quincy ^ -3 2; 1- " o OTHER STATE PROBLEMS 81 Adams defended them. They had exercised manumission so freely that the large element of free negroes was by some attributed almost wholly to them.' About 1800 a state law was passed that no negro should be freed except a bond be given that he should leave the state. By 1826 Quakers in North Carolina, led by the three Quaker counties of Guilford, Randolph and Chatham, which formed one dis trict, decided on general manumission as far as it could be effected. On May 30, 1826, the Raleigh Register an nounced that beside 64 already sent to Ohio and 58 to Liberia, Dr. George Swaine, of Guilford county, had charge of over 500 more to be shipped out of the state : about 100 to Indiana and Ohio; 316 to Liberia; and 120 which were to embark at Beaufort for Hayti, in which colored repub lic there was great public interest as well as some apprehen sion. It was this subject also which led so many of the Quakers to emigrate to Indiana and in due time make it the greatest Quaker state in the union. In December, 1823, the western party in the Assembly tried to instruct Congressmen to oppose the old Jeffersonian caucus method of nominating President, but the eastern members rallied and secured the recommendation of Craw ford to the people. In 1824 the Harrisburg Convention nominated Jackson and Massachusetts had offered Adams, while Kentucky offered Clay. Thereupon the three Quaker counties of North Carolina, above mentioned, held a meet ing at Greensboro and denounced the caucus, and endorsed their old defender, Adams, with Jackson as second choice. On May 3, 1824, Judge Murphy wrote : "I have been grati fied at the prospects of General Jackson's friends in every county in my circuit, until I reached Guilford. That county is divided : Mr. Adams has, I think the majority. Mr. Craw ford has the next greatest number of friends. Genl. Jack son has no active friend in the county, except Mr. Morehead. I do not therefore calculate much on Guilf ord."^ In Novem- ^ Brigadier General Jesse Spaight of Greene County, in a good speech said Friends were responsible for the element of free negroes that were a source of so much difficulty. Raleigh Register, Jan. 26, 1827. 2 The Murphy Papers, Hoyt, Vol. I, p. 297. 82 JOHN MOTLEY MOREHEAD ber, however, the western counties were for Jackson, "the People's" candidate, forty-two of them, except the Quaker counties and home of Mr. Morehead; these latter finally joined the twenty-one eastern counties in voting for Craw ford, in hopes of throwing the contest into the national House of Representatives and there getting their favorite candidate, Adams. The electoral vote of the State, when given on December 1, 1824, was unanimous for Jackson; but when it was up before the national House of Representa tives, the North Carolina Congressmen voted an organization vote : 10 for Crawford ; 2 for Jackson ; and 1, the member from the Quaker district, had the pleasure of voting for their favorite, John Quincy Adams, and seeing him elected, and the old organization receive a stinging rebuke.' Thus Mr. Morehead's district, in which Jackson, his own candidate, was second choice, voted for its first choice, Adams ; but Mr. Morehead, himself, was with the solid west against the east and for the anti-organization unsuccessful candidate. Gen eral Andrew Jackson, who was also the Quakers' second choice. He was consequently in an excellent political posi tion and a recognized power, to be reckoned with when he entered the Assembly of 1826. With this personal political prestige, however, he faced a great lethargy among the eastern people regarding internal improvement ; they had transportation ; it was the west that wanted it, but they had not the political power. Then, too, the great leader of the internal improvement plans for river and canal transportation. Judge Archibald Murphy, had lost prestige through his financial failure, extending even to a debtor's prison. A few leaders were becoming thoughtful about a new mode of transportation that was gradually be coming more and more a subject of experiment in various parts of the world. This was a mode of making a smooth road on two wooden or iron rails laid parallel — an improve ment on the old plank or corduroy roads on which the wood was laid crosswise, instead of lengthwise. It had been used of course as early as the sixteenth century, and with the ^ State Rights and Political Parties in North Carolina, Henry McGilbert Wagstaff, Ph.D., p. 47. OTHER STATE PROBLEMS 83 advance in iron manufacture by 1820, malleable iron rails had been used very successfully in isolated instances in Great Britain. The first line in the United States was a short quarry one near what is now Swarthmore, Pennsylvania, at the Leiper quarries, in 1809 — a quarry still in operation. This became the model for heavy carrying and the power was the horse or mule. In Great Britain some success was had with steam engines on the common road and by 1814 Stephenson had tried such an engine on the Killingworth tracks, although they did not supersede the horse; but, in 1825, the year before Mr. Morehead's election by Guilford county, a success was made on the Stockton and Darlington Railway in England, who had then about twenty-eight such small "rail-ways ;" but the idea had not gained much ground in America except the tramroad like that at the Leiper quar ries. The earliest note of a considerable extension of this idea appeared in Philadelphia during the winter previous to his election : "A great railroad is contemplated from Phila delphia," says the Raleigh Register of January 27, 1826, "to Pittsburgh, by way of Lancaster, York and Chambersburgh, a distance of 340 miles, with a branch from the neighborhood of Gettysburg to Baltimore, each state to be interested in pro portion to its wealth and population, to be effected by steam power. It is calculated that a cargo of seventy-five tons might be carried on the proposed road, at the rate of six miles an hour, which would complete the journey in three days and three nights !'" This was Philadelphia and Balti more's reply to the success of Governor Clinton's Erie Canal in gaining western traffic and making New York a rival. Some of the thoughtful in North Carolina, discouraged by the attitude of the east toward river improvement began to be interested in the new method of two parallel rails, with whatever power, and Morehead and his old University Presi dent, Dr. Joseph Caldwell, were among the number, though there was no public discussion at this time. There was much discussion of another subject, however: On a certain occasion during the previous year a famous ^ The exclamation point represents contemporary astonishment, although it may also be utilized for current amusement. 84 JOHN MOTLEY MOREHEAD American said in an address: "It is said, that in England, not more than one child in fifteen possesses the means of being taught to read and write; in Wales, one in twenty; in France, until lately when some improvement has been made, not more than one in thirty-five. Now it is hardly too strong to say, that in New England, every child possesses such means.'" This was published to pave the way for the reception of the report of the Public Education Com mittee of November, 1825, composed, among others, of Chief Justice Taylor and President Joseph Caldwell, who reported a system of public education for which the Literary and School Fund was founded. Likewise a committee on in vestigation of method of caring for insane and defectives was to report. Closely connected with and undejlying all of them was the state financial system. North Carolina, in 1804, had been among those states that feared the power of the Bank of the United States, a sentiment that led to the refusal of the Jeffersonians to re-charter it in 1811. In 1804 North Caro lina had established two state banks, one at her largest town, Newbern, and the other at Wilmington, then known as the Cape Fear. In 1810 "The State Bank" at Raleigh had been chartered with the expectation that these two banks would become branches, but in 1812 they asked to be left inde pendent and enlarged, and in 1813 were. The State Bank had only been chartered for five years; so in December, 1825, a new one had been created with mother bank at Raleigh and branches at Edenton, Tarboro, Wilmington, Fayetteville, Newbern and Salisbury.'' And in these and the two old banks of Newbern and Cape Fear, the state had 5500 shares, then worth about half a million and yielding about $60,000 a year. This partial state ownership was like that of the Banks of the United States and England ; indeed the custom was general, only about three states having it ^ Daniel Webster, in an address at Plymouth, in 1825. 2 Charles Fisher said on 2nd January, 1829, that the State Bank was or ganized because the currency was then composed of old Proclamation bills and Newbern and Cape Fear bank notes, and as the former were legal tender, the latter banks would use them to pay their own notes and so avoid paying specie. The State Bank was established therefore to make specie possible, as neighbor' ing states had complained of the action of the two eastern banks. OTHER STATE PROBLEMS 85 otherwise. The State Bank vs. a Bank of the United States was coming to divide North Carolina as it was other states ; and this was a part of the whole question of state vs. nation, or state fear of national power, complicated by needs of a national currency system. The tariff of 1824 entered into the complication. These were the great subjects that confronted Representa tive Morehead of the Quaker district, who trained with Pres byterians, whose pastor had been his old teacher. Dr. David Caldwell, and usually attended the First Presbyterian Church of Greensboro, when it was organized on Oc tober 3, 1824, two years before. The Assembly of 1826 was differently organized from that of 1821, and the eastern ma jority put John Stanly of Newbern into the Speaker's chair. Mr. Morehead's old chief, Charles Fisher, of Salisbury, was there as before ; but the mountains furnished the great leader of the session in David L. Swain of Buncombe, his native county. He had received, like Morehead, such a private education that he was able to enter the University in the Junior class in 1821. Studying law under Chief Justice Taylor, he was licensed in 1822, and in 1825 was elected to the House of Commons and contributed much to the great work of the Assembly. He was easily chief of the Assembly of 1826 also, when Mr. Morehead took his seat on November 26th, the second day of the session. Governor H. G. Burton drew their attention to a feature of internal improvement calculated to increase the available funds of the state, namely, the drainage and reclamation of swamp lands, which was destined to be a considerable source of future in come to North Carolina. The Governor also laid before them, in more or less indignant terms some resolutions re ceived from the State of Vermont. It seems that in 1824 the state of Ohio had proposed to Indiana and other states, and Indiana had approved a proposal for gradual emancipation of slaves, somewhat on the Pennsylvania plan of 1780 ; that Georgia had countered with a proposal of an amendment to the Constitution forbidding the importation of slaves into a state contrary to its own laws; and that Vermont had ex pressed its disapproval of it and willingness to cooperate 86 JOHN MOTLEY MOREHEAD with a proper course in gradual emancipation. This Gov ernor Burton submitted to the Assembly with his somewhat indignant comments, to the effect that North Carolina was well aware of the gravity of the slave problem, quite as much as states that had no such problem. It should be added that the Ohio proposal differed chiefly from that of Pennsylvania, in providing colonization of all free negroes. On December 27th, Mr Morehead was again put on the Committee of Education, and on the following day pro posed a Joint Committee on Public Buildings. After holi days, on January 2, 1827, he proposed a joint committee to act on the Colonization Society memorial ; and two days later, with leave, presented a bill, at the request of the Quakers, providing for emancipation of slaves under certain con ditions. On this later day, however, he presented one of his own, namely, a bill to erect Courts of Equity to be held in each district by the Supreme Court Judges, taking it away from the Superior Courts. On January 5, 1827, Representative Morehead had occa sion to say something on his profession of the law, when he advocated a bill safeguarding clients of lawyers under twen ty-one years of age. He felt "a pride in belonging to the profession of the law." He said some gentlemen did not be lieve that there existed a jealousy of the law but he "was of a different opinion." On the 8th, he was among those who advocated the legal date of beginning the legislative session as the second Mon day in December. On the 13th, Mr. Morehead, in advo cating the bill to establish Courts of Equity, called it before committee of the whole and spoke at great length upon it, after which the tragic incident occurred of Speaker Stan ly's sudden attack of a stroke of paralysis covering one side of his body; and the consequent appointment of General James Iredell as Speaker pro tempore. Mr. Morehead was very active during this session and especially on this subject. He spoke at great length on the 16th, especially in behalf of necessity for such courts in the Hillsboro District. He said that "the white population of the Hillsboro District was more than one-fourth part OTHER STATE PROBLEMS 87 of the whole state. The whole white population of the state being 419,200 and that of Hillsboro District 110,000; that Newbern and Edenton Districts together contained less than 84,000, so that the Hillsboro District contained 26,000 more than both of them, and yet each of the Districts were allowed the same time for holding their courts with the Hillsboro District." He also said that the Mountain Cir cuit contained a white population of 102,000 ; so that the two western Judicial Circuits contain upwards of 5000 free white persons more than are contained in the other four Judicial Circuits ; and the consequence was, from the business neces sarily arising from such an immense population that no time was found in those circuits for attending to Equity cases." He "thought it high time that provisions should be made for the relief of these sections of country at least." Mr. Stanly retorted that "If we have not white men [in the east] we have negroes. We are cursed vdth them" — and again he was attacked by the same kind of stroke as before. The commit tee reported it inexpedient to pass the bill — which, as shall soon appear, was merely one more phenomenon on the way to revision of the constitution, in the contest between east and west. Fortunately a complete speech of Representative More- head at this time has been preserved and well illustrates the vigor and ability of this young advocate of the growing counties of the west. "Mr. Chairman," said he the next day, "I had hoped. Sir, that some person would offer to the House some substantial reasons for striking out the second section of the bill [requiring the Equity Courts to be held by Supreme Court judges] ; but in vain have I waited to hear them. Surely no gentleman of this House can doubt the great necessity of adopting some plan to improve the Equity system in the two western circuits ; and is it possible that this House will give a silent vote against the plan proposed, with out giving even a reason for that vote, or without suggest ing some other plan that may meet the views of the House better than the one proposed ? Surely not. Sir. That griev ances do exist, is not denied; that they shaH be redressed, certainly this House will not refuse. When, Sir, I arose 88 JOHN MOTLEY MOREHEAD before on this subject, I acknowledged the bill had imper fections, and asked the assistance of the House to bring it to perfection ; but this assistance has been refused me, not by a positive denial, but by being withheld. "It was said, the other day, by the gentleman from New bern, our Honorable Speaker [Stanley], whose lamentable calamity no one deplores more than I do, Mr. Chairman, that the white population of the different circuits had been unjustly taken into calculation, without any reference to the great number of negroes in the eastern circuits, each one of which may form a separate subject of litigation, and with out any reference to the great wealth and commerce of those circuits. "It cannot be denied, that more litigation must necessarily arise among a population, each member of which transacts all the common concerns of life for himself, and appeals to the laws of his country for his protection and for his rights, than can arise among an equal population, many of whom are deprived of transacting their own business, and rendered incapable of making contracts, and whose complaints pass unheard, and wrongs unredressed. "But, Sir, if the negro population is to be taken into con sideration on this question, let us examine the subject, and see if this boasted superiority of the number of blacks of the East, over those of the West, does, in fact, exist. "I will take the Newbern circuit, to which the gentleman belongs, and compare the slave population of that circuit with the same population of the Hillsboro circuit, to which I belong. From the census of 1820, the slave population of the Hillsboro circuit was upwards of 41,000, and that of the Newbern circuit only about 29,000; so that if the position be granted, 'that each of them forms a separate subject of liti gation,' how satisfactorily does this comparison show that more litigation will necessarily arise in the one circuit than in the other. And that the Hillsboro circuit should have more litigation in it, than the Newbern circuit, is still better ac counted for, by a comparison of the free white and slave population of each circuit, that of one being 151,000, while the other is only about 73,000, a difference of 78,000. OTHER STATE PROBLEMS 89 "I will now examine, Mr. Chairman, the relative wealth and commerce of the two circuits. "I know of no way in which this comparison can be better made, than by the different sums which the treasury receives from each circuit; and the State should distribute her favors somewhat in proportion to the bounty she re ceives. "It will be seen from the Comptroller's last report, that the amount of taxes and money received of Clerks in the Hillsboro circuit was about $16,000, while that of the New bern circuit was about $9000 ; the receipts of the first circuit being nearly double that of the latter. "So that if we take, Mr. Chairman, white population, black population and taxation, and compare them in every possible variety, as the criteria by which we may judge of the number of law suits that will probably arise, we must all come to this conclusion, that if the Newbern circuit requires a Judge a certain length of time to do the business of that circuit, the Hillsboro circuit must require the same Judge a much greater length of time to do the business of that circuit. We are told, Mr. Chairman, that the dockets even in these small circuits are larger : if this be a fact, Sir, is there a gentleman in this House, who can doubt for a moment the enormous accumulation of business on our Law and Equity dockets? And yet. Sir, is the relief proposed by this bill to be refused us, and no other offered ? "It was further said by the gentleman from Newbern, that litigation depended much on the habits and morality of the citizens ; that if the people of the West could quit their frauds practiced in horse swaps, and would leave off coun terfeiting bank notes and passing them, that then the dockets would not be so much crowded in the two western circuits. If, Sir, this be the true reason, why the dockets in the west ern circuits are large, then is there the greater necessity of having justice speedily administered, to redress those frauds and punish those offenders. "While human nature remains as imperfect as it now is, we may expect fraud to be practiced and offenses to be com mitted; but I do not admit that more frauds and offenses 90 JOHN MOTLEY MOREHEAD exist in the western part of the State, in proportion to its population, than exist in other parts of the State. "If we examine this subject, perhaps we shall find the reverse of this to be true. "It will be recollected that in 1821, the gentleman from Newbern himself procured an act to be passed, authorizing a Court of Oyer and Terminer to be held in Newbern, to try the various offenders who could not be tried by the regu lar terms of the Superior Court. Whether these offenders were persons guilty of frauds, perjuries, counterfeiting or passing counterfeit notes, I know not ; but if the little county of Craven, having a white and black population of only about 13,000 persons, cannot punish offenders in the regular terms of the Superior Court, but requires a special term for no other purpose but to punish its offenders ; while the large counties of the West, some of them containing a population of upwards of 24,000 have never yet required a special term to punish their offenders, we must conclude that there is as much morality in the West as there is in some parts of the East. And this charge against the West would have come with as much propriety from any other quarter, as that from which it was made. "So that, no matter what may be said to be the causes of much litigation in the western circuits, every person who considers the situation of the western circuits, must be satis fied that the business necessarily accumulates on their dock ets from the diversified transactions of such an immense population. "I again repeat, Mr. Chairman, that it will not be im posing on the Judges of the Supreme Court more duties than they can well perform. The bill has already been amended by striking out the 1st and 5th Circuits, because the business of their courts did not require any alteration. The 2nd cir cuit can not require this court any more than either of the others ; and the Supreme Court sitting in this 3rd circuit is sufficiently convenient to try all Equity suits that may arise in it; so that one of these Judges can hold three courts in the two western circuits without employing much of his time, OTHER STATE PROBLEMS 91 and this time would be employed in his term only once in eighteen months. "If this plan is adopted, the business of the Supreme Court will be much curtailed. I have in my hand a state ment of the Clerk of the Supreme Court, by which it ap pears that fifty-one cases have been sent to the present term of the Supreme Court, of which only twenty-five are ap peals ; the other twenty-six are Equity cases that have been removed to this Court, because they could not be heard in the court below. "I hope, Mr. Chairman, the committee will refuse to strike out the second section of the bill, unless some gentle man will suggest an amendment that will better suit the views of the committee.'" On the 19th, however, it was voted "inexpedient" 86 to 36, but Mr. Swain secured a reso lution asking the Judiciary Committee to canvass the subject. The episode was merely another phase of the great underly ing constitutional revision contest. So also was the various phases of the negro problem more or less part of that contest. From this time on until the end of the session it came up in one way or another. For example, on January 23, 1827, a bill for freeing two negroes was before the House and Morehead voted for it, but it was lost 79 to 41, nearly two to one. On the 30th he fought a bill restricting entry of free negroes into the state and with somewhat the same results; but on February 2nd, he pre sented by request a memorial on the subject from the Quaker societies. The French Benevolent Associations of Jamestown, Springfield and Kennett, which was promptly laid on the table. On February 8th, his bill for emancipat ing slaves under certain conditions was finally indefinitely postponed 59 to 53 ; while on the same day he fought hard to indefinitely postpone a bill to prohibit trading in slaves, ex cept under certain conditions named, failing 42 to 64. On the ninth, the efforts of Judge Murphy in his desire to have the history of North Carolina written, came to action when the Hillsboro Representative made a motion to take measures 1 Raleigh Register, Feb. 2, 1827. 92 JOHN MOTLEY MOREHEAD to secure copies of colonial records from London; and the same day Mr. Morehead made a motion to grant Judge Mur phy a certain amount to enable him to write a History of North Carolina ; but it was promptly laid on the table and the next day he, and others, secured leave of absence for the rest of the session. The people of Guilford county, however, sent him back again by their election of the summer of 1827, for that summer was destined to be a turning point in the develop ment of North Carolina and in the career of John Motley Morehead. But before that occurred Mr. Morehead at tended commencement at the University at Chapel Hill, which proved to be a most remarkable occasion in one re spect, namely, that eleven lawyers, in one block, appHed for the Master's degree and all received it, among them being John Motley Morehead, M.A., and William A. Graham, M.A., two young men who were destined to be closely connected in the coming years.' About the same date a prophetic proposal was made by a distinguished engineer and architect to build a railway down the Piedmont 1050 miles from the national capital to New Orleans, which was to be a wood rail covered with iron and capable of provid ing a six day trip, or even four days "under pressure."^ Then, shortly after Mr. Morehead's election in August, at which he received 1603 votes and Mr. Simpson 1290, there began to appear in various papers of the state a series of public letters. These were headed merely '"Communications," the first was dated September 1, 1827, and a copy appeared in the Raleigh Register of September 7th, and was signed "Carle- ton," the name of the home of the Prince Regent of Great Britain, "Carleton House." These appeared at close inter vals to the number of twenty-two and the author spoke of each one as a "Number." They were afterwards issued in book form as "The Numbers of Carleton," and had great power both in serial and in volume form. Following so closely a great engineer's proposal of what has since become ^Raleigh Register, July 3, 1827. 'Ibid., July 6, 1827. Communication. ion THE UALKICH TIKCISTEH. The people of ?iorti4-Caroii:ia luivc t,„ 'for some year? r>H^' ^Ainced a dispdsiiiou to facilitate ilie mkmh;; of coiumerriul in- terourse, bolii foreij^u .md d«mestic. It is an object in wliicli ihey iiave felt thpni- selves *o deeplj interested, that no 3in..,! sums have been already ex»"Ti'l«*d for i;,. accuinr>lishnfient. The rivers Yadkin, Cape- Fear. N'Use, Tar and Roanoke, all wuiie ^^ by "he works coiiimenced. and tiie nioniea dV>bursfd, tliat ;-uch a \vi?.li lias been alive in the ]"ub!ic oiind : and ?(; ucll i^aoui, lire the many othi.'r attcfilations of i;, tluit -to bf-|)articii!ar in llieir euutnLTatioti is iki. necessary. It is practical protif th^tt th; , lijve bfeu deeply sensib'e i)f the disadvm;'- tajrcs of their .tsiluatiim- .-.n,! iIk.v u^.... v.- - ¦ '.¦U'*>*^*» *• ^ '**' pos^^rble. If we' would arrive ;it the {iiiM:- e^jjSjfvorfVfourC'.Wn.try, pprs^nal or local m- ed. ariibition oiU'** not lie %ifiw S'i- ' fisli, bolenllahieiied a.iid ^eM.tl'''^^'*''!' -and Jfll'Otir'rfi;>r»?^nd res- ari^ji»i«s' b -fiitlifiiljy ^ntt^-iivti-titly farf>f(f fupun ihe -dis.i'overy'it>itr'esrabiishhicnt of the tniili. Could -{Tip fjeojilf of :N.; Carolina, could i^io; ^(ive^tjtjr, niHj^is "r.ilts-, lei;islatt>rs and olL- cers,4H concur' Jf)on these principles, wlxt c ndoubl t|j.'ittrom tliat nioioerit ^lu- would Ue|rHi to grow conspicuously in individual '|Mj/i.oe^s-, and in strength atid pro,siic:it_v ¦ls;S;'-:.state.- o ¦ ?¦.;¦:¦;¦.-,¦¦¦¦, \ CARLTON. ^Septmherlsf. 1827 First Number of the Carlton Letters Afterwards issued as Numbers of Carlton OTHER STATE PROBLEMS 93 the greatest Piedmont line from Washington south, it was a modest proposal compared with that, for it proposed a simi lar line merely from Beaufort Harbor across the central part of the whole state to the Tennessee line. It was avowedly presented because "a vast proportion of our enter prises for internal improvement [by water] have proved partially or totally abortive.'" It was therefore a substitute for deep waterways and canals, precisely like the one pro posed in Pennsylvania, where he had once lived, and rail way projects, which he had seen in England in 1825, were no longer an untried thing. For the author of these public letters was none other than President Joseph Caldwell of the University of North Carolina, whose last illness was upon him about the time he closed the series.^ In these letters, he shows how railway experiments have proven them superior to canals ; and by railways or railroads, as America preferred to call them, he meant only the road, not the power, for both horse and steam power were in use in England, but only horse power in the United States. They were less costly than canals, and far more reliable the year around; and, he writes, "It is continually evinced by present practice, that steam can be employed in transporta tion by a railroad"— implying if one should desire it, for horse power was the one in mind for actual use. Indeed he cites instances where a single horse "drew sixteen wagons, weighing upwards of fifty-five tons, for more than six miles along a level or very slightly decHning part of the railway." He quotes Engineer Strickland of Philadelphia on the "locomotive," however, as an actual fact in England — a "gigantic automaton," he calls it. Then he takes up the cost of a railway commenced at Newbern, extended through Raleigh through the center of the state to Tennessee, to be built in seven years, which would require but $100,000 a year, divided equally between the state and private capital. He defends Beaufort harbor and the Harlow canal as terminals, using the tremendous growth of Rochester, N. Y., on the new Erie canal as an illustration. He then takes up > Numbers of Carleton, 1828, p. 3. = President Caldwell died at Chapel Hill, 24th January, 1835. 94 JOHN MOTLEY MOREHEAD branch Hues to all centers north or south of this railroad, and the cost of operation in horses, wagons and men, and foresees trade with all the world. He then tells what a railroad is, in detail, making much of the Mauch Chunk railroad in Pennsylvania and the report of the "Baltimore and Ohio Railroad Company" upon it. He also describes a Fund and predicts an Atlantic Coast Line from Amboy, N. J., to Savanah; and warns against Norfolk's efiforts to get all North Carolina trade. His suggestion that one might "breakfast in Raleigh, dine in Newbern, and arrive in Beau fort in less than fifteen hours, including all requisite delays" had in it a note or triumph. He thereupon proposes that the next Assembly employ an engineer to canvass a route, and the people to call for a Z7 cent additional poll tax ; and there upon quotes engineering authorities. In his issue of No vember 9th, just before the Legislature convened, he again defends Beaufort harbor, as if he had aroused a Wilmington hornet's nest, and shows the harbor to be only 26 miles from the middle point of the coast line. As this was his last num ber until spring, attention may now be turned to the Assem bly and Representative John Motley Morehead's activities in it. Raleigh capitol witnessed the gathering of the Solons on November 19, 1827, but two of their leaders were not present. Indeed this was not a House of a dominant single leader. Morehead was the equal of any of them and was no longer a lieutenant of Fisher of Salisbury, who was present again. James Iredell of Edenton was another until he was chosen Governor, while Newbern's successor to Stan ley, William Gaston, was another who had been a member of both houses before. Swain had not been returned. Mr. Gaston was a native of Newbern, of Huguenot and English stock, his mother a Roman Catholic, widowed by the Revo lution. He was educated at Georgetown, D. C, up to his Junior year at Princeton, and, graduating with high honors, studied law under Francis Xavier Martin. He succeeded to the business of (Chief Justice) John Louis Taylor, his brother-in-law, and soon entered public life in both Assembly and Congress, where young Daniel Webster declared him OTHER STATE PROBLEMS 95 the leader in the War Congress of 1813. He therefore came into the House with the greatest prestige of any of them, for even Chief Justice John Marshall was to avow in his old age that if he was assured that Gaston would succeed him he would resign. He was a man of great purity of character, and was greatly beloved, but he was no more of a leader in this session than young Morehead, who was nearly twenty years his junior. Mr. Morehead was not present until the 23rd, but he had already been put on the Standing Committee on Education, and on that day was also added to the Standing Committee on Judiciary, which was a most important one this session. On the 26th he was put on a Committee on Amending the Treasury Laws, one on connecting Albemarle Sound and the Ocean and one for a survey of a railroad to connect the Cape Fear at Fayetteville with the upper Yadkin river, on the 27th. On the latter day he himself presented a bill concern ing bail and costs which was referred to his Judiciary Com mittee. On the 29th he was the one who proposed proceed ing to the election of Governor, and he and others made sev eral references to the Judiciary Committee. The previous efforts at gubernatorial selection having failed, Morehead and Blackledge joined the Senate Committee with no better success, but later in the day, December 5th, James Iredell was made Governor and on the following day Morehead was one of the committee of notification and arrangements. On this latter day, he was one of three candidates for Solicitor General. Judge Murphy had written Thomas Ruffin that Solicitor General Jones had resigned on Decem ber 8th, and that Morehead was talked of. R. M. Saunders had also written that the "contest would be between Nash, Morehead and myself ;" but Morehead did not get it. The month of December saw the Guilford representative very active and aggressive. On the 1 1th when a bill came up somewhat inimical to Quakers, Dunkards, Mennonites and Moravians, he fought for its indefinite postponement suc cessfully, 62 to 51. On the following day, Brevard and Morehead were appointed on the joint committee to arrange election of a Public or State Treasurer, to succeed the late 96 JOHN MOTLEY MOREHEAD Treasurer Haywood, and they were not successful. During the month an unusual number of references of bills and resolutions to the Judiciary Committee gave occasion for Morehead to represent the committee in reporting almost invariable rejection of them." On the 14th, the Senate re quested a joint committee on establishment of a penitentiary and an asylum for insane and idiots, and the House made Mr. Morehead chairman of their section of it. And when someone presented a bill for repeal of the Common School act of 1825, the majority sent it to Morehead's Standing Committee on Education, where they knew it would be properly interred. He himself presented a bill providing for widows when they dissent from their husband's will, and also a Guilford county bill, while he secured an amendment to one protecting securities. On the 27th he helped vote down an appropriation to improve the Cape Fear below Wilming ton, but voted for it three days later. He also favored the creation of Macon county in the west and on the 31st had the pleasure of reporting out rejection of the repeal bill from the Education Committee, which killed that movement. It became plain to the public that Mr. Morehead was a defender of the common schools, of Quakers and like bodies, of widows, of defectives and insane, of slaves and free negroes, the West, of the State's history, of judicial justice and exact legal procedure. But on January 2nd, they were to learn that he was also committed to the new project outlined in the Carleton Let ters ; for on that day, a resolution was offered requesting the Governor to tell the Secretary of War of the desire of the Legislature that a corps of United States engineers survey a railroad from Newbern to Tennessee through Raleigh and the central part of the state ; and when it was read an im mediate effort was made to postpone it indefinitely and it failed 58 to 46 ; but when an immediate vote on passage was taken that also failed but by only so narrow a margin as 52 to 50. This close vote was largely sectional as usual, but not so much so as most sectional votes. Mr. Morehead was ^ One of these was a proposition to prervent the education of slaves. Joseph Caldwell From engraving by John Sartain of a Bust at the University of North Carolina OTHER STATE PROBLEMS 97 among the 58 which procured its consideration, and was among the 50 who voted for its passage. This showed the influence of the "Carleton" Letters and also both a growing recognition of the probable efficacy of the new mode of trans portation as well as discouragement over the failure of the old method, so far as North Carolina was concerned. On adjournment on the 7th of January, 1828, Repre sentative Morehead returned to "Blandwood;" but during the year the "Carleton" papers continued. In April he an swered the fear that the very facility of railways would cause influx and competition, and soon followed this by ex amination of cost of a level mile, making it $2649. Funds are the subject of his next and his May numbers enforce the effect it will have on union; and shows from history how commerce grows. "We lay like a man of strength tied hand and foot," he writes. In July he takes up the action of Maryland, where, on July 4th, ground was first broken for a canal connecting the Chesapeake and Ohio — a distance of 400 miles — and also the first blow was struck for construct ing a railway for the same purpose, more than 340 miles long. South Carolina already proposes three railroads from Charleston, namely, to Augusta, Columbia, and Camden; while the Massachusetts Assembly have just taken measures for a line from Boston to Albany. Here he first calls it "The Central Railroad," of North Carolina. Then he tells in detail the history of railroad development up to that time, and closes with the cry of Themistocles, the Athenian: "Aye, strike if you will, but Hear!" Thereupon on August 1, 1828, at Albright's, in Chatham county, over two hundred citizens of that county, Randolph, Guilford and Orange met and appointed a committee to formulate and issue an "Address" to the people of the State in favor of "A Central Railroad." Mr. James Mebane was made chairman. The address shows how increased popu lation and consequently production have made stagnation because of no outlet or inlet to commerce ; and urges popular meetings over the state to further the idea, and especially to ask the next Assembly to make an experimental railway from the market house in Fayetteville to the wharf a short 98 JOHN MOTLEY MOREHEAD distance below at Campbellton, the port of Fayetteville, head of navigation on the Cape Fear. Also to ask the Assembly to provide for survey of "The Central Railroad." This "ad dress" was prepared by President Caldwell as chairman of a committee and it embodied in some measure the thoughts of his main address before this meeting. A committee of three from each of the four counties. President Caldwell, chairman, was appointed to carry on a correspondence and provide promotion of the aims of the meeting. The "Carleton" papers were continued during the fall, appeal ing to the farmers and avowing "A Central Railroad" to be "The Poor Man's Cause." Mr. Morehead would naturally have been in this meeting, but, if so, he is not mentioned among those who were active in it. Early in September the Newbern Spectator announced a meeting to cooperate with the Chatham meeting, on September 4th, at which meeting William Gaston was made chairman of the promotion com mittee. Even the Wilmington Recorder came out in favor of it and praised the essays of "Carleton." And on Novem ber 17th, even the chief executive. Governor James Iredell, in his message, favored it; and in doing so, made probably the most concise statement of the heart of North Carolina's problems that has been made : "There are three great outlets to the ocean," he writes to the Assembly, "which nature seems to have indicated for this State: one for the waters of the Albemarle, another for the waters of the Pamptico [later Pamlico] , and the third for the Cape Fear. The Albemarle Sound, in length about seventy miles, with a uniform depth of not less than twenty feet, receiving into its bosom, besides other rivers of no in considerable importance, the Roanoke, the noblest river that traverses our State, finds its communication with the ocean impeded by a sand bar not eight hundred yards in width. All the produce which floats on its waters, after coming within sight of the Atlantic, must seek that ocean by a nar row strait into Pamptico Sound, through that sound a dis tance of eighty or ninety miles, over dangerous shoals, and through the Ocracock [later Ocracoke] Inlet. Nine-tenths of the navigation of that part of the State (as indeed of OTHER STATE PROBLEMS 99 every other part) are directed to New York as the best market ; and, by inspection of the map, it will be seen that, in passing through Ocracock Inlet and proceeding to New York, a vessel descending the Albemarle, must sail more than one hundred miles to reach a point on the coast, not five miles distant from that at which it was compelled to pass into Pamptico Sound. The importance of opening a direct communication from the Albemarle to the ocean, cannot be urged in a more forcible manner than by stating the extent of territory which would find a market for its productions, and a diminished price of transportation through the chan nel. The Roanoke River is now rendered navigable for bateaux from its mouth to the Blue Ridge, in Virginia, and to Leaksville, in this State. In both States its branches are susceptible of improvement to much higher points. There is perhaps no river east of the Mississippi, which, in propor tion to its extent, washes a more fertile soil. The rich pro ductions of its adjacent territory have become, both in this State and in Virginia, almost proverbial. In this State alone, at least eleven counties would find it the most natural and convenient highway to market. Add to these eight counties, through which flow the Chowan, the Casbie, the Perquimans, the Pasquotank, the North, the Scuppernong, and the Aligator Rivers, each of a depth not less than 12 or 15 feet, which convey the produce of a highly fertile coun try, and which contribute to form or to swell the current of the Albemarle ; and you will see that the agricultural inter ests of nearly one-third of the State is deeply concerned in the accomplishment of this work. . . ." He then speaks of the shoal which was the greatest im pediment to navigation through the Ocracoke, namely, the "Swash" and government experiments at running it. If this failed, a ship channel to unite the lower part of Neuse River with Beaufort Harbor, "perhaps the most commodious harbor in the State," was the next most plausible project. The Neuse's improvement almost up to Raleigh, which ren dered a bateau navigation safe eight or nine months of the year, was noted. Cape Fear outlet was noted next, and the fact that all the western counties, that used North Carolina 100 JOHN MOTLEY MOREHEAD ports at all, would use this through Fayetteville, as the highest point for steamboat navigation nine months of the year, with bateau navigation still higher, and with Wilming ton as its port. He notes that the shoals below Wilming ton are much improved and will soon form no obstacle. He advocated port perfection first, then river improvement ; then roads or canals from western counties to Fayetteville and counties connected with the Roanoke and other rivers. He spoke conservatively of "Railroads" and experiments with them, especially the latest one to connect the Ohio with Baltimore. He favored a similar experiment with a "Rail way" from Fayetteville to Campbellton, a landing on Cape Fear River, and he praised the "Carleton" papers.' But if Mr. Morehead was not active in these prelimi naries, it was because he was engaged in a far larger game, through which he would be able, in due time, to lift the project with greater power, for the gentleman from Guil ford was then an Elector for General Andrew Jackson. ^Raleigh Register, 21st November, 1828. VII Measures for Development AND Its Organ, a New Constitution 1828 On December 3, 1828, the members of the Electoral Col lege of North Carolina met in the Senate Chamber of the old brick capitol at Raleigh. There were fifteen of them, about one-third of whom were venerable men with three- score-and-ten to their credit. General Mountfort Stokes was made chairman, and Hon. Willie P. Mangum was probably the most distinguished among them; then there were Edward P. Dudley of Wilmington, Richard Dobbs Spaight, Jr., both eastern men, and John Motley Morehead from the west. Four years before young Morehead had been the only active friend of General Jackson in Guilford county, and the east had been against this "People's Candi date ;" but now the state was united on this political Lochin- var out of the West, and the Guilford county elector saw his favorite candidate of four years before not only the unani mous choice of this electoral college, but of that of the nation as well. The great fact, however, was that the east had turned and followed the west for the first time, in both state and nation. These men were the leaders of it in North Carolina. Morehead and Spaight conducted the balloting with a solid vote for Jackson and Calhoun. Indeed the state at large had gone overwhelmingly for the North Carolina lawyer who had become a Tennessean ; only seven counties in the whole commonwealth went against him and one of these was Morehead's own county, Guilford, which went almost two to one for Adams, the greatest majority that can didate received. The contest had been a fierce one all over the land. It was a period of breaking up, with a new generation coming 101 102 JOHN MOTLEY MOREHEAD to the front. "This country," says the Raleigh Register of July 22, 1828, "bids fair to contain as many parties in politics as there are sects in religion. Formerly there were two national creeds, now we have nearly a dozen; and as they have multiplied so fast of late, it is impossible to predict how many there may be a few years hence." The feeling was intense also: At a Jackson barbecue in Pennsylvania, in the autumn, a toast was oflfered : "John Quincy Adams — may he take sick on Monday ! Send for the Doctor on Tues day ! day ! day 1 Get worse on Wednesday ! ! ! No better on Thurs- ! ! Die on Friday ! ! ! ! ! Be buried on Satur- ! ! ! ! And go to Hell on Sunday !!!!!!!" The South Carolinians had the same feeling, but, on one occasion, expressed it more classically : "Adams, Clay & Co. — Would to God they were like Jonah in the whale's belly ; the whale to the devil; the devil in hell; and the doors locked, key lost and not a son of Vulcan within a million .miles to make another !" There was no such ebullition in North Carolina, for the revolution there had been so overwhelming that the result was a great rebuke to the State's Congressmen who had nullified the vote of their Electoral College of four years before.' It was also a victory for the western part of the State and in that much for John Motley Morehead of Greensboro; and it was prophetic of greater changes to come. Busy as Mr. Morehead was in his profession, his mind teemed with all sorts of development; and the interest in railroads, which President Caldwell in his "Carleton" letters had awakened, was accompanied by a new belief in manufac tures. The manufacture of cotton into yarn, at the falls of the Tar river, was the oldest factory, and it had recently shipped twenty bales of yarn, according to the Tarboro Free Press. Another factory was at Fayetteville, head of navi- ^ Hon. Edwin Godwin Reade, in an address before the North Carolina Bar Association, in 1884, says that in April, 1828, two lawyers were to fight a duel because one of them had reflected on the character of Mrs. President Adams. The bearer of the challenge was told his principal was a scoundrel and he himself could have a fight if he wanted it The bearer accepted it, but was just then already bound over to keep the peace in another matter, and this raised the question whether his bond would be forfeited if they went over the state boundary to fight The two submitted it to Mr. Morehead and his old Latin preceptor, Thomas Settle, and in a written opinion they said it would forfeit the bond. The belligerents thereupon subsided. MEASURES FOR DEVELOPMENT 103 gation on the Cape Fear, and another in the far west in Lincoln county, west of Charlotte. On October 14th, the Greensboro Patriot gave notice of a meeting to organize manufacturing and to apply for incorporation of a new mill ; while on November 8th, a Hke meeting was held at Salis bury, Rowan county, and a similar one for both cotton and woolen factories in the adjoining county of Iredell, at its Court House, on the 17th. They cited the successful opera tion of the Tar river factory, and those at Fayetteville and in Lincoln county. This had been, in great measure, stimu lated by Charles Fisher's wool report of January 1st, previ ously, in which he had shown that the balance of trade for several years had been so greatly against North Carolina, that she was probably $10,000,000 behind. Why should she buy flour in the north ? Why buy pork in New York ? Or hogs in Kentucky and Tennessee ? Cotton and tobacco were the only things exported from the west part of the state and rice and naval stores all from the seaboard. The introduc tion of the manufacturing systems and railroads, of course, was the remedy. The state ships 80,000 bales of cotton at $2,400,000, which, if manufactured, would bring $9,600,000! — a gain of $7,200,000! It would give occupation, arrest emigration, and build towns like Lowell, Mass., which, six years ago, was nothing and now has 6000 population. John Motley Morehead was also behind this public agi tation during 1828, and was acting personally, too. Leaks ville, near his old home in Rockingham county, was the head of bateau navigation on the Dan-Roanoke and he, his father and brothers owned land in the region.' He and his brother, Samuel, established a big combination business there which developed into various kinds of mills, cotton and otherwise, general merchandise and supplies of all kinds. He later had occasion to tell the people the relation of this enter prise to his temporary retirement from public life in 1828: "The very extraordinary support which you gave me in ^ This land was first acquired by his father, John Morehead, after Leaks ville was laid out, on the bdief that this town would become the head of Dan and Roanoke navigation to a far more considerable degree than it ever has. Spray was then a part of Leaksville. It was this investment, it is said, that finally made John Morehead fail. 104 JOHN MOTLEY MOREHEAD 1827, after having been representative in 1826, was, to me, the most gratifying evidence of your approbation of the manner in which I had discharged the duties with which your kindness had entrusted me. My removal to Greens- borough to settle myself among you, and the loss of my brother, to whose care I had entrusted, almost exclusively, the management of a considerable mercantile establishment, the concerns of which devolved entirely upon me after his death, rendered it extremely inconvenient for me to solicit re-election in 1828; and which I could not have accepted without a personal sacrifice not required by my friends, and which my opponents had no right to demand.'" This was his brother, Samuel, who died on September 17, 1828. There was one office, however, that, a few months after his brother's death, Mr. Morehead did accept. His friends had put him up for this office once before, without success, as has been seen; but early in January, after the aged Nathaniel Macon and Archibald R. Ruffin had resigned as Trustees of the University of North Carolina, the Assem bly in an election on January 5, 1829, selected Mr. More- head first among five new trusteees. Almost ten years later, they chose his brother, James Turner Morehead as Trustee, also; and the two served together for nearly thirty years, while John Motley, in serving the rest of his life, was des tined to aid in guiding the development of his alma mater for but a dozen years less than a half-century, one of the longest services in the history of the institution. In that long period he served with such distinguished men as Archi bald DeBow Murphy, William Gaston, Dr. Joseph Caldwell, Dr. James Mebane, Dr. McPheeters, Governor James Ire dell, Chief Justice Thomas Ruffin, Secretary of the Navy George E. Badger, Hon. Willie P. Mangum, Hon. R. M. Saunders, Dr. Francis L. Hawks, Hon. Thomas Settle, President David L. Swain, Hon. Wm. A. Graham, Bar tholomew F. Moore, Hon. John M. Dick, Gov. D. S. Reid, and many others, few or none of whom served so long. Nor was he a figure-head as a trustee, but for nearly forty ^ A public "address" in the Greensboro Patriot of July 11, 1832. The Original Cotton Mill at Spray, N. C. MEASURES FOR DEVELOPMENT lOS years — over thirty-eight, to be exact— he had a positive in fluence in the development of this great institution. All of the general activity in manufactures and banking in 1829 and on was accompanied by activity in transporta tion and this centered to a remarkable degree about the Roanoke valley, of which President Caldwell had occasion to say, in the Senate of North Carolina late in 1829, while speaking of the Baltimore and Ohio raiload project, and the Georgetown and Ohio canal : "If we were to lay our hand upon the region of our own state, the brightest for affluence and efficient ability, it would fall upon the Roanoke with the portion of country that enjoys its privileges and prospects." And when during March, 1829, Delaware voted a railroad from New Castle on the Delaware Bay to head of navi gation on Elk river at the head of the Chesapeake, when in April Baltimore and Ohio engineers returned from Europe announcing that steam "locomotives" were built that could pull up a grade four times any elevation on their survey, and that the Liverpool and Manchester railroad was to be built through to London as soon as Parliament passed an act; that the Baltimore line had experimented with a freight car loaded to 8260 pounds that one man moved easily ; and that Massachusetts had in June authorized railroad construction across the state west and to Providence, R. I., and that 120 tons of railroad iron had just arrived in Charleston, S. C, for their new fines ; that with the completion of the Dismal swamp canal, there were now eight vessels on the line be tween Weldon, at the Roanoke rapids, and Norfolk — then it was that a Virginia port rival to Norfolk, namely, Peters burg, on the Appomattox, not far from where it empties into the James — also a rival to Richmond — began taking measures to tap this rich Roanoke valley, not with canals, but with a railroad, and a survey was announced late in Oc tober, the objective also being Weldon.' This project was 1 Raleigh Register, 3rd November, 1829. A month or so later the Liverpool and Manchester Railway had offered £500 for the best locomotive and the "Rocket** won. By tlie following June passengers arrived from Baltimore to Washington. A single horse drew a carriage weighing more than a ton, on which were 28 persons and they came at the rate of 15 miles an hour. "This was done, too, with much apparent ease, for the traces did not seem half the time to be strained at all.'* Raleigh Register, 3rd June, 1830. 106 - JOHN MOTLEY MOREHEAD destined to be the most influential event in the transportation history of North Carolina as well as Virginia; and soon led the upper Roanoke to demand a canal around the rapids above Weldon. It was inaugurated the following February. About the same time, October 28, 1829, a big meeting was also held in Beaufort to further the project of a ship canal to connect its harbor with the Pamlico and so with the Albe marle and Roanoke.' Virginia was stirring North Carolina vigorously in an other way, also, for the conservative eastern counties, which had heretofore quoted the Old Dominion's conservatism in not touching their constitution of 1776, could do so no longer. Agitation had begun in the spring and in April the aged Chief Justice Marshall had agreed to serve in the con vention, while by June lists of delegates were published and in October the people of the Old North State began to read the proceedings of the convention and realize that the old constitution of 1776 in their sister state must go. Probably no one event was more calculated to revive the old east and west division in North Carolina over revision of her own fundamental law. President Jackson's election might con solidate the state for the moment, but the deep purpose of the Piedmont and Mountains to have proper representa tion was not to be denied much longer. Indeed, by June, 1830, proposals for a Convention were widely discussed, and the Fayetteville Observer drew attention to the fact that this ought not to be an east and west division — let it be as it was in 1787, when a Warren county man proposed it (Philemon Hawkins), or in 1788 when a Craven county representative, Richard Dobbs Spaight, urged it.^ This agitation was reinforced by the results of the new census of 1830, which showed injustice of representation was greatly intensified. The seven largest counties in popu lation were all western, if Wake be included, and she often ^ It is startling to most readers to learn that North Carolina had 3100 In dians within her borders at this time, out of the 312,300 in the United States. New York had still more and Mississippi had most About 20,200 were be; tween the Mississippi, Illinois and the Lakes; 94,300 between the Mississippi and the Rockies, above Missouri, and west of Arkansas and Louisiana; 20,000 in the Rockies and 80,000 west of them. ^ Raleigh Register, June 24, 1830. MEASURES FOR DEVELOPMENT 107 was: 1. Orange, the largest, with 23,875; 2. Lincoln; 3. Rowan; 4. Wake; 5. Mecklenburg; 6. Granville; and 7. Guilford— Mr. Morehead's county, with 18,735. Indeed, excepting Halifax, the next seven largest counties were western, too: 1. Burke; 2. Rutherford; 3. Buncombe; 4. Stokes; 5. Iredell; 6. Chatham; 7. Caswell, before an east ern county is reached. Furthermore, omitting Edgecombe, Craven and Northampton, the next six largest are also west ern: 1. Cumberland; 2. Surry; 3. Anson; 4. Davidson; 5. Rockingham ; 6. Randolph. Two more, out of 36, above 10,000, in the whole 64, were western. The increase in population for the decade had been nearly 100,000 and mostly in the west. Newbern, 3796, was still the largest town, and Greensboro came up to 562. There was an in crease of nearly 5(XX) in free negroes — nearly 20,000 — the greatest number being in HaHfax, the other counties having more than 500 each being Pasquotank, Craven, Hartford, Northampton, Guilford, Martin, Surry, Wake, Granville, Cumberland, Orange and Robeson. Halifax and Granville had the most slaves.' The public mind was awakening to many new ideas : The confining of capital punishment to first degree murder was one ; abolition of imprisonment for debt was another ; there was wide-spread organization for more scientific agriculture ; new transportation methods have already been noted; also manufacturing; in addition to these came mining; silk cul ture was also advocated; the advance of public education was not the least of these agitations, and colonization of negroes was an earnest theme. The tariff of 1828 had already brought much talk of nullification, by South Caro lina particularly, but North CaroHna had no sympathy with it. This so incensed the Charleston leaders that one of them succeeded in attaching the epithet "Rip Van Winkle" to the "Old North State" soon after; but that state had gone unanimously for President Jackson and he was not asleep on nullification. Indeed the North Carolina House of Com- ^By January, 1831, the Quakers had freed and removed 652 slavea with chUdren at a cost of about $13,000. 108 JOHN MOTLEY MOREHEAD mons, in January, 1831, passed a resolution against "this unhallowed thing!" In this latter Assembly, fearing a fire in the old brick capitol, provision was made to replace the shingle roof with tin; and when the change was being carried out in June, 1831, the very thing feared, which tinners were at work with solder to prevent, was, on Tuesday, the 21st, apparently caused by one of the workmen, and the old brick capitol went up in flames, destroying the famous Canova statue of Wash ington in the rotunda. This comparatively insignificant event was the turning point in the development of North Carolina, strange as that may seem; and it was because it again raised the question of location of the state's capital and opened a Pandora's box of rivalries that were to involve the most vital questions to the commonwealth. For Fayette ville, daughter of Wilmington, on the Cape Fear, was am bitious to be mistress of the state, and Wilmington and the Cape Fear valley were in sympathy with it and the West saw in it a mode of furthering her two most important measures : a new constitution and central railroad. The former once settled, the latter would follow. The feature which made this possible was the fact that the capital had been settled at Raleigh by the state Ordinance of 1788, a convention measure and hence of the character of part of the consti tution, which only a new convention could change. The matter was precipitated in the Assembly of 1831-32, held at Government House, or the executive mansion, at the foot of Fayetteville street just outside of Raleigh. The beautiful chess-like game was as follows : First, on November 25th, Senator Seawell, of Raleigh, offered a bill to rebuild the capitol on Unon Square. Then, on December 8th, Senator Martin of Rockingham, 32 to 31, got it post poned a year. Next, on December 10, 1831, Senator Dis- hough of Onslow county, on the coast below Beaufort, called for a joint committee to consider a railroad or railroad and canal from Old Topsail Inlet, the entrance to Beaufort Har bor, through the central part of the State to the mountains, whereupon it was amended to include a Fayetteville-Yadkin valley road and one from Chatham, southwest to Raleigh, up MEASURES FOR DEVELOPMENT 109 to the Roanoke to join the Pettersburg road when it should be completed. These were assigned to the joint committee. On December 16th, James Harper of Greene, an eastern county, presented a bill in the Commons to rebuild the capitol in Union Square, Raleigh, and it was referred to the commit tee of the whole House on the 21st. On this latter day be fore the Commons proceeded to the capitol matter, William Gaston, the distinguished Newbern member, reported from the joint committee bills to incorporate the "North Carolina Central Railroad Company," Beaufort harbor to Newbern, Raleigh and the west, and the Cape Fear- Yadkin Railroad. Immediately thereafter the committee of the whole House began consideration of the rebuilding of the capitol. It be gan to be evident that the West, headed by Mr. Morehead's old district, which was both a Cape Fear valley and a West ern district, had decided to hold over the East a threat to join the lower Cape Fear Valley and remove the capitol to Fayetteville, unless the East joined the West in securing a new constitution and a central railroad from Beaufort har bor. Even on the 8th of December, Senator Seawell saw the combination: "Who," said he, "are the people who find fault with the constitution? The people of the West, who want more power; the people of the Cape Fear, who want the seat of government. The small counties on the Cape Fear, with a black population, in some instances greater than the white, are by this compromise to surrender the right of representation to the West, provided the West will cede them the seat of government. ... I perceive. Sir, by the newspapers, that our enterprising brethren of the West contemplate the project of a railroad from the back country to Old Topsail Inlet. God speed their undertaking and give it success." Senator Toomer of Fayetteville, answered him : "The scepter is passing away from Judah," said he, "empire is marching westwardly ; in that section population is increas ing. We have seen the grandeur of the eastern, and enjoyed the splendor of the meridian sun ; we must now admire his beauty in the west. Fifty-five years have devolved since the constitution was formed. During that period many changes, moral, political, and physical, have occurred in the condition no JOHN MOTLEY MOREHEAD of our country, and the character of our people. Yes, a new country has appeared, and a new population has arisen in the west." So when it came up in the Commons on the 21st, 22nd, and 23rd of December, William Gaston made one of the most impassioned pleas of his life for it. He said there were but 13 smaller Cape Fear valley counties of the 64 that had any real interest in it, but there were 30 that abhorred it and would not stand for it in the end. He said it was being done by a dominant Jackson party, upheld by Crawford adherents — another political combination. He said these 13 counties were selling their equality of represen tation, their birthright, for a mess of pottage! And when he finished, the battle was lost to those who wanted the new capitol — in Raleigh — 68 to 65. The 68 were : from Anson, 2 ; Ashe, 2 ; Bladin, 2 ; Brunswick, 2 ; Buncombe, 2 ; Burke, 2; Cabarrus, 2; Caswell, 2; Chatham, 2; Columbus, 2; Cumberland, 2 ; Davidson, 2 ; Duplin, 1 ; Guilford, 2 ; Hay wood, 2 ; Iredell, 2 ; Lincoln, 2 ; Macon, 2 ; Mecklenburg, 2 ; Montgomery, 2 ; Moore, 2 ; New Hanover, 2 ; Onslow, 1 ; Orange, 2; Randolph, 2; Richmond, 2; Robeson, 2; Rock ingham, 2; Rowan, 2; Rutherford, 2; Sampson, 2; Stokes, 2; Surry, 2; Wilkes, 2; Wilmington, 1; Fayetteville, 1. The italicized names are those which joined Wilmington and Fayetteville for the West. This was the first successful battle of the West, unless the Jackson West's capture of the Crawford forces could be called the first. It should be ob served, however, that this 68-to-65 vote was merely negative, so far as capital removal was concerned; and that Mr. Gas ton and other eastern men had served a warning on Wil mington and the lower Cape Fear in the form of a Beaufort harbor-Central Railroad Bill. It was now to be a struggle between the Cape Fear and lower Roanoke for the favor of the West, which boded well for both a new constitution and a Central Railroad. For the West had said merely "The capitol question is still open, so far as the Commons is concerned; we will wait and see what you will do." Thereupon, they put forth further oppor tunity of test, when Senator Dick of Guilford county, on the 28th, presented a preamble and resolutions calling for Map of North Carolina, 1831 Prepared by the author Showing eastern counties that joined the west, 68 to 65 votes, Duplin and Onslow divided MEASURES FOR DEVELOPMENT 111 the election of a Constitutional Convention, a chief feature of which was practical representation according to popula tion by giving the largest counties four votes each and the rest graduated down to one each for the smallest. Two days later the Central Railroad bill was pushed forward and on January 6, 1832, the main bill was passed, but not the completed bill. Thereupon the Senator from Granville, on the 9th, tried to reintroduce the capitol bill and, after a fight that lasted to the 11th, it was ruled out by but one vote, re maining postponed until next Assembly. This was the West's notification that the capitol question must await the out come of the convention question ; and it was well they did so, for on January 4, 1832, Senator Louis D. Wilson of Edge combe made a determined effort to have it postponed in definitely and succeeded by a vote of 42 to 21. So both capitol and convention were postponed for another year, and the honors were even, between the east and the west, with the West in possession of her railroad bills.' A curious feature of the situation, however, was the fact that Raleigh's friends, so confident of keeping the capital, had anticipated the Fayetteville-Campbellton "Experimental Railroad" of a mile or so, and in February, 1830, had se cured incorporation of their own "Experimental Railroad," designing to run it from capitol or "Union Square" to the quarry, a mile or so southeastward, to also haul stone for the new capitol, when it should be ordered. It went east ward from the capitol, on Newbern, to Bloodworth, then south to East Hargett, then east to Tarboro and south again to the quarry. All railroads were "experimental" ones ; but by "experimental" they meant not only mechanical experiment, but psychological and political experiment. They proposed to have not merely a railroad track and freight wagons, but "handsome cars on it for such ladies and gentlemen as may desire to take the exercise of a Railroad airing," a feature that was accomplished not ^The year 1831 was characterized by slave insurrection to an unustial de gree. In August there was one in Virginia and m September one in the counties of Duplin, Sampson, and others near Wilmington were nipped in the bud. These followed one in Charleston that was apparently started by Haytian negroes. 112 JOHN MOTLEY MOREHEAD many months later.' This feature was designed to convince Solons and other Xorth CaroHna visitors to the capital, by actual experience with a railroad, what a good thing the North Carolina Central Railroad would be ; for the progress of the Petersburg and Roanoke Railroad toward the Roa noke valley, and the effect it was having on the shipments from the Roanoke, even before it reached there, was causing intense thought on the subject in the southern part of the state and in Wilmington especially. Before the close of 1832 Halifax was saying she was getting goods and shipping them much quicker, even though it was only 30 miles from Petersburg, and a good way from the Roanoke, yet. In view of these things, it is not strange that John Mot ley Morehead's motto, Quiescere non Possum, should be come acutely active in his consciousness, for by the time "The Experimental Railroad" was organized in July, 1832, the friends of President Jackson had nominated him for Presidential Elector again. Of this The Greensborough Patriot of July 11, 1832, says of the Jackson connection in that place, after coming out for that ticket, "then for dulcifying the pill which the Divil would hate to swallow, without something to give it a relish, 'a member' very gravely asserts that John M. Morehead, Esq., stands pledged to sup port the above ticket. If this pledge was given at all, it must have been given in confidence, to 'the member' alone, for we never heard such a thing in these Capes ! It is true, the gentleman in question has been nominated by the friends of the present administration, as an elector on the Jackson ticket; but Van Buren was never named, and only remem bered to be depised, in the several meetings which made and sustained the nomination. Mr. Morehead is properly pledged to support the Jackson ticket, if chosen as an elec tor; but who ever authorized 'the member' to cram Van Buren down his throat?" '^Raleigh Register, 28th December, 1832. The first meeting of stockholders was on June 29, 1832, and the organization took place at the Ralei^ Court House on July 6th, with Joseph Gales as President By September 10th, their iron rails were at Petersburg and by January, 1833, the road was finished, and possessed two cars and three horses. Minutes of the Managers* Board, His torical Commission, Raleigh. MEASURES FOR DEVELOPMENT 113 On the same day as the above, Mr. Morehead issued a "Circular to the Freemen of Guilford County," in which he says: "Fellow Citizens: The very extraordinary support which you gave me in 1827, after having been your repre sentative in 1826, was, to me, the most gratifying evidence of your approbation of the manner in which I had dis charged the duties with which your kindness had entrusted me. "My removal to Greensborough to settle myself perma nently among you, and the loss of my brother, to whose care I had entrusted, almost exclusively, the management of a considerable mercantile establishment, the concerns of which devolved entirely upon me after his death, rendered it ex tremely inconvenient for me to solicit a re-election in 1828 ; and which I could not have accepted without a personal sac rifice not required by my friends, and which my opponents had no right to demand. "Our late worthy Senator having declined a re-election, I became a candidate to represent you in the next Senate. I was induced to do so for diverse reasons : — Our next legis lature will be a very important one ; — Matters in which the state and yourselves have the deepest interest, will, no doubt, be agitated. The subject of holding a convention, to revise and amend our constitution, and remove the seat of govern ment, if it shall be the people's will ; the establishment of a bank, by which the interest of the state and her citizens shall be advanced and secured, and a sound and sufficient cur rency, now so much needed, be afforded for all commercial purposes ; — Investments in railroads, on a plan, wild and ex travagant, or prudent, economical and judicious; and an appropriation for rebuilding your capitol ; and diverse other matters of equal or minor importance. "You who pay the least attention to the interests of our State, know that the next session will present an important crisis in our affairs. And you must be satisfied that at no time, has it been more desirable that the West should send to our next legislature the whole force of her moral and intellectual strength. And it is to be lamented that some of the most efficient, able and distinguished members of the 114 JOHN MOTLEY MOREHEAD last session, from the \\'est, are not before the people for a re-election. "Some of you, my fellow citizens, as well as some other citizens of the state, were kind enough to signify to me the favorable opinion that I could be of ser\'ice to my country and state in the next legislature, and that I would in some degree, add to the weight and character of the Western rep resentation. This favorable expression was accompanied with a request that I would tender my services to the people. Believing it the duty of every citizen to render service when ever required, I came to the conclusion to tender you my services, however much it might be against my inclinations and interests, if no other citizen should do so. "At May term of your court, having understood that it was probable Jonathan Parker and Francis L. Simpson, Esqrs., would be candidates in the Senate, I applied in person to Mr. Simpson, between whom and myself the most friendly relations have existed from our first acquaintance, to know whether he had any such designs, at the same time assuring him of my determination not to become a candi date, if any other person of respectability did so. Mr. Simpson replied, that he was determined Mr. Parker should have opposition if he became a candidate ; and that he would oppose him unless I would do so. I again stated to Mr. Simpson that I was determined not to become a candidate, if himself, Mr. Parker, or any other respectable citizen chose to do so — as I was determined to have no contest with any person. To this Mr. Simpson replied, that the friendly re lations which had existed between us forbade our oppo sition; and he was kind enough to say, that my becoming a candidate met his entire approbation. He also assured me in the most positive and unequivocal terms, that he would not become a candidate for the Senate if I would tender my services. I thanked him for his renewed but not unexpected evidence of his friendship, and assured him that I should become a candidate, if Mr. Parker, or some other citizen did not. "Not until Friday of the same court, did I know certainly MEASURES FOR DEVELOPMENT US that Mr. Parker would not offer ; and no other citizen com ing forward on that day, I tendered you my services. "And I assure you, fellow citizens, that I should have been again proud to represent the intelligent freemen of Guilford, if it had met their approbation — if I would have done so with honor to myself and usefulness to them. And as an earnest of the future, I would have referred you to past services I have rendered you. During the two sessions I had the honor to represent you, I have not heard the first com plaint; and I was not, during that time, a mere cypher, counting only when on the right of a figure! "Scarcely had my name been announced, when the ever busy tongue of slander commenced its worthy work. The public ear was filled with suspicions, jealousies and slanders, the most ridiculous and unfounded. And there were some, whose good opinion I desire and respect, affected to give some credence. "In all communities there will be a noisy herd, who utter a senseless clamour and gladly listen to, and circulate every thing that is destructive of a neighbor's character. If I had found the opposition to me confined to this class, I should certainly have disregarded it; but when I find those, whose good opinion I esteem, attributing to me unworthy and un founded motives for tendering to them my services, and, instead of giving me their support, pursuing me with jealous suspicions — I have for them, too much regard, to any longer trouble and disquiet them. "I desire to render services to my state, and the honor of representing the freemen of Guilford, is, and will be at all times, to me, a sufficient motive to tender them my ser vices, whenever I may deem them acceptable. And I shall deplore the condition of our common country, when the feelings of patriotism shall become so far extinguished, as not to be a sufficient inducement to serve the public — and when, to receive the suffrages of freemen, shall cease to be an honor."I find myself unexpectedly opposed by Mr. Francis L. Simpson. This is an opposition which no man could have anticipated after what had passed between us unless he 116 JOHN MOTLEY MOREHEAD were much better acquainted with Mr. Simpson, than I con fess I was ! "Whether the idle clamours against me have offered him temptations he could not resist; whether a fickle disposition could not bear the yoke an honorable pledge had imposed; or whether an anxiety to play the bravo, flourish the candidate a few days and then retire, as on a former occasion — has been the cause of his course, I know not. "But whatever the cause may be, I sincerely regret it ; — not that I could have anything to fear from such a contest. The language which you have heretofore spoken through your ballot-box, to both of us, when canvassing for the same seat, was too intelligible for the most consummate vanity to misunderstand. And even if anything was to have been apprehended, in a fair and honorable contest — now, that apprehension would be certainly removed! "The same busy tongue which has traduced me, and abused you, will attribute my withdrawal to an apprehension of the result of the contest. Can you expect anything else from that mind, in which a noble emotion never arose — in which a generous sentiment, a disinterested motive, honest candour, or veracity has no abiding place? "I stated to you, my fellow citizens, in my first declara tion, that I wished not to have a contest for the place — I am still determined to have none ; and beg you to consider me no longer a candidate before you. "To have been your representative by a respectable ma jority; and yet to have been opposed and suspected by an honorable minority, would have rendered my seat unpleas ant, particularly at a time when every Western representa tive should be untrammelled ; and should unite all our intel lectual energies and strength for the advancement of our common good. "A seat in the legislature is pleasant to him who is con tent to obtain it by any and every means, however degrad ing or unjustifiable — who is content to screw himself into some obscure corner of the legislative hall, equally incapable of originating or sustaining any great and useful public MEASURES FOR DEVELOPMENT 117 measure, and from his snug retreat, to cry 'Aye' or 'No' to every question put, regardless of the propriety of the vote he is giving— but regarding strictly how he thinks it will go down at home; — who draws his pay — chuckles over it — returns home — and tells what wonders 'we have done I' — but never tells that stubborn truth :— '/ got my pay, but I did not earn it!' "Far different are the feelings of that honorable member who takes his seat, deeply impressed with the magnitude of the responsibility he has assumed — who reflects, under the obligations of an oath, that he is legislating upon the lives, the liberties and fortunes of his fellow men ; and that after ages may be affected by an error in his course — who votes for the public good, regardless of popular clamour, returns among his constituents, convinces them of their error, and again receives their support. "While a portion of the community remain ignorant and unsuspecting, for the artful and designing demagogue to play upon and deceive; and the more intelligent give ear and countenance to idle clamour and unfounded reports, you will find your legislative halls filled with the former class of representatives, while the latter never attempt to stem that torrent of scurrility which lies between them and an honorable seat. "If you have anything on earth to give your children, vest it in the head — in every sense of the word, it is a life estate. "If you have talents, wisdom and integrity among you, and that you have there can be no doubt, I conjure you, fellow-citizens, if you ever intend to employ them, to do so now. A more propitious time will never arrive. "Most joyfully wiU I join with you, to place that one of you, most distinguished for these attributes, in that seat I so lately sought to occupy — indulging the fond hopes, that the able and distinguished individual, who may occupy it, will do honor to himself and his constituents, and will sustain and advance the interests of our beloved country. "Accept, fellow citizens, a renewal of my thanks for the 118 JOHN AIOTLEY MOREHEAD confidence you have heretofore placed in your fellow citizen and humble servant. "John M. Morehead.' "Greensborough, July 11, 1832." In this address are evidences of the large mould in which John Motley Morehead was cast. His was the spirit of the statesman. The West at this critical juncture could not afford to allow dividing contests, and he personally would not be the subject of one in the presence of such a great opportunity to get a new constitution and the lesser organs of the transformation of North Carolina. On the other hand, he showed the bold fearlessness of the master surgeon, probing to the seat of disease and following it with knife and scalpel. Likewise, as a modern surgeon, he used the anesthetic of a fine and lofty feeling, gentle humor and good will. But all his efforts came to naught so far as the Assem bly of 1832-33 was concerned, for although so progressive a westerner as Judge David L. Swain of Buncombe was chosen Governor, when on December 3, 1832, Senator Mar tin of Mr. Morehead's old home county of Rockingham presented a preamble reciting people's desire for a new con stitution, election of Governor by themselves, and a possible change of the capital from Raleigh, to which was added a resolution providing for vote on a convention in August, 1833, it did not succeed, while on the 17th, action was begun on a House bill to provide a new capitol in Raleigh. On the 18th, and on the 20th, fights for and against the latter bill were made by Senators Leake and Martin, the Raleigh capitol party winning in each by a vote of 33 and 36, against 27 — the solid new constitution block.^ So when Mr. More- head, as an elector on the overwhelming Jackson- Van Buren ticket — again against his own county which went for Clay and Sergeant — he knew the constitutional contest was again delayed. When, however, during the Christmas holidays, it was realized what had happened, the friends of the Convention ^ The result was that Candidate Parker was chosen Senator. ^The defections from the vote of 1831 came from such counties as Bladen, Duplin, Onslow and a few others. MEASURES FOR DEVELOPMENT 119 in the Assembly, met on January 4, 1833, and elected Gen eral Polk of Rowan chairman, and it became evident they were there for but one thing, namely, to find a mode for the people of North Carolina to express themselves on the desire for a convention. Among them were some eastern men who realized the gravity of the situation and felt that now the capitol question was settled, the West's demand for the North Carolina Railroad, already surveyed from Newbern to Raleigh by Engineer Francis W. Rawle of Pennsylvania, and a new constitution were due that section. These were men like William Gaston of Newbern, David Outlaw of Beaufort, William H. Haywood of Raleigh, and others. This unofficial constitutional convention recommended that election officers take the unofficial vote of the people and for ward returns to the Governor, and that officer in turn to the Assembly ; that a committee of four issue an "Address" and explain the amendments sought and that county committees of three aid these purposes. The four for the "Address" were Richmond M. Pearson, Romulus M. Saunders, William H. Haywood, Jr., and Thomas Dews. The local committee for Guilford county was Mr. Morehead, George C. Menden- hall, John M. Dick, and F. L. Simpson; and the rest were men of like character ; so that it was plain that this unofficial constitutional convention was not going to be an inefficient one. ' "«i'" While awaiting their action preparatory to the August elections attention may be turned to other momentous events. One might dwell long on the nullification movement led by South Carolina but as fiercely and impatiently resisted by her sister Carolina were is not so well known a part of national history. The action of President Jackson, in this matter endeared him to the old North State, even when she opposed him on other scores; but the subject of railroads was as much uppermost in men's minds as that of the re vision of the fundamental law. While in the previous November, Halifax had said she was getting goods more quickly than ever because of the Petersburg thirty miles of railroad that didn't even reach them, and a toll-bridge bill for the Roanoke at Weldon was passed on January 3rd 120 JOHN MOTLEY MOREHEAD [1833] and the Virginia bill for a Portsmouth and Roanoke Railroad was also passed to enable it to reach Weldon — Portsmouth notice of rivalling Petersburg for the Roanoke valley trade — it was announced on February 15th, that the Petersburg road was complete, with a locomotive, for 41 miles, and that tri-weekly four-horse coaches from Raleigh took passengers to it at Belfield. The Raleigh "Experi mental Railroad" from the new capitol site to the quarry had been completed on January 4th, at which time Engineer Rawle's formidable estimate of $5000 a mile for the North Carolina Central Railroad from Beaufort harbor to Raleigh and $9000 for the Yadkin line came out as a great dis courager of the project. This led to the Raleigh Register proposing an extension of the "Experimental" line to the Neuse River, and, by March, Granville county held a meeting at Oxford proposing a railroad through that place to con nect with the Petersburg and the proposed Portsmouth- Norfolk road at Weldon. Fayetteville was working hard in January and February raising $200,000 for the Cape Fear and Yadkin Valley road ; while in April the Granville people had another meeting, this time proposing that the line have Blakely on the Roanoke as an objective, instead of Weldon, and go westward through Warrenton and Oxford. They told of how two cars and about forty people were easily drawn by two horses; how the road across New Jersey, from the Delaware at Bordentown to Amboy toward New York, had a locomotive and eleven cars with 200 people car-^ ried at 15 miles an hour! By April the old capitol ruins at Raleigh were being removed and the "Experimental" Hne getting ready to haul stones from the quarry. A traveler visiting Newbern, in June, notes that the Petersburg line has thoroughly convinced that section of railroad efficiency ; that in Orange county railroads was the "talk of every third man ;" that the Neuse people's slowness is forcing the north ern counties to connect up with the Petersburg road, and proposes a line from Raleigh to Smithfield on the Neuse, 18 miles, which, if made as cheaply as the "Experimental" line, at $2800 a mile would cost but $68,000. The Raleigh Register editor on same date, June 11th, proposes an exten- MEASURES FOR DEVELOPMENT 121 sion of the "Experimental" line to South Washington in New Hanover county, about 75 miles, and make that the head of navigation instead of Wilmington. By this time, the committee of the unofficial constitu tional convention at Raleigh issued their "Address" on June 18th [1833]. This was a strong presentation: They said that 33 counties with only 156,000 population elect a ma jority of the Assembly when 31 have over 316,000 popu lation; that the 33 have only an $8000 land tax while the 31 have $17,000; that the 33 elect a majority, with all taxes only $24,000 as against 31 with twice that amount; that half of the 33 do not pay enough to even pay their own members' salaries — two-thirds taxed by one-third to pay minority for controlling the majority! that 40 counties do not pay taxes to equal their share in public expenses, yet elect two-thirds of the Assembly! that the 40 do not contain an average population ; that 46,600 people have ho larger share in gov ernment than 9000! In 1776 the 36 counties had 115 mem bers, but in 1833 the 64 counties have 199 — double the size an Assembly ought to be ; so that there has been an annual deficit of $12,000 to $17,000 for years! They propose: 1. Reduction in size of Assembly; 2. Biennial meetings only; 3. Popular election of Governor; 4. No borough repre sentation ; 5. And a new mode of amendment. They point out that New York, Virginia, New Hampshire, and Georgia have already revised their old constitutions. The main burden of their paper, however, was an argu ment for a limited convention. Indeed, they distinctly avow that "no unlimited convention is asked." They remind the people that the conventions to merely accept or reject the national constitution were limited ; that the New York con vention of 1801 was limited ; likewise the Virginia conven tion and those of New Hampshire and Georgia. The North Carolina constitution, they say, is silent on a mode of re vision; but, they add "in this country," sovereignty, "is lodged with a majority of the people," and these can deter mine that mode, keeping in view justice to the minority, the right of the majority, and the interest of both. It was a most able and disinterested paper and was destined to point 122 JOHN MOTLEY MOREHEAD out the way to final settlement of the generation-long con troversy.' Coordinate with this and the railroad agitation, was the establishment of a new Bank of North Carolina provided for in January [1833] to take the place of the old State Bank whose charter would expire in 1835. It was to be capitalized at $2,000,000, one-half of the stock to be taken by the State; and with a head bank in Raleigh were to be branches in leading centers over the state — a recurring necessity be cause of the President's new attack on and final destruction of the Bank of the United States. On January 8th of this year. Governor Swain appointed commissioners to take sub scriptions to the new Bank of North Carolina in the leading towns, and he made Mr. Morehead chairman of the Greensboro body, composed of Messrs. Lindsay, Humphries, MaxweH and Parker. "Senex," whose series of papers was pleading for the new constitution, incidentally but ably touched upon the bank question, saying that since the State Bank was created in 1812, $2,000,000 had "taken wings and flown away."^ Various matters came to a strategic head on Independence Day at Raleigh, when the laying of the corner-stone of the new capitol was also made the occasion of what might be called a "Transportation Convention,' but was entitled "Internal Improvement Convention." As the new capitol, in a very true sense, represents the new North Carolina of a new constitution and modern development, it may be well to take more careful note of it, as the corner-stone was laid on this 4th of July, 1833 : That it should epitomize the effort to unite North Carolinians in both a constitutional and transportational way is unique. The Scotch architect, David Paton of Edinburgh, took charge not long after the corner-stone was laid and had much to do in determining its character. It is about twenty feet longer, north and south, than east and west, so that it can be said to front both east and west, but the east front is most used as front, at the head of Newbern Avenue, named for the city whose able ^Raleigh Register, 18th June, 1833. 'Ibid., 11th June, 1833, "Senex** No. IV. MEASURES FOR DEVELOPMENT 123 citizen, William Gaston, had so much to do with harmonizing the conflicting elements which raged around this capitol for and against a new constitution and some unifying mode of transportation and trade centers. The greatest height, the dome, is 97| feet. Built completely of stone from the Raleigh quarry, it is of Grecian Doric style, copied from the Temple of Minerva, or Parthenon, of Athens of 500 B.C., its octagon tower forming the rotunda and being capped by a crown similar to that of the Lanthorn of Demosthenes. The proportions may be realized when it is known that the columns of the east and west porticos are over five feet in diameter. The vestibules and corridors are decorated with Ionic columns, and the rest with groined arches on Doric columns and pilasters. The Governor's rooms are in the southwest corner, and the Senatorial and Representative Halls are in keeping with the rest of this noble Greek struc ture, which cost the state over a half million dollars — a capitol of which even the 20th century North CaroHna may well be proud. But only its corner-stone was finished on this day by the company which met at "Government House," as the executive mansion at the foot of Fayetteville street was then called, and served as temporary capitol. Governor Swain presided at the function in the morning, as he did at the more important one at Government House in the afternoon. This Convention was a peculiar one, composed of some of the strongest men of the state, and especially of the east, for it wae essentially an eastern convention : out of 20 counties represented, only Chatham, Orange and Wilkes could prop erly be called western, as Cumberland, Wake, and Granville were sometimes one or the other. Governor Swain was properly from the west, though credited to Wake county. Gaston, of Newbern, was always a great harmonizing force, and he represented a constituency committed to the North Carolina Central Railroad and a new constitution, if it could be wisely done. Raleigh sent George E. Badger, James Ire dell, Dr. William McPheeters, the Haywoods, Judge Sea well, Charles Manly, Editor Gales, and others of like stand ing. Orange, from the west, had such men as Nash, W. A. 124 JOHN MOTLEY MOREHEAD Graham, W. J. Bingham, and similar characters. Mr. More- head and his brother, James T., were there from Greens boro.' It was as though Newbern, Raleigh, Hillsboro and Greensboro — the mid-Carolina centers — had got together to find a golden mean between the desires of the Roanoke, the Cape Fear, and the Yadkin and Catawba, which were all fearful lest they be left out in the play for a favorable seat, when the great new god — the Locomotive — entered North Carolina with his procession of passenger and freight cars. Under such circumstances, it required great skill to find just what they could agree upon. Transporta tion was the real subject, but they used the term "Internal Improvement ;" and it was evident that while they saw the rising tide of sentiment toward railroads — the cry of the west, they clung to the water side of transportation tenaciously; that was a fixed quantity, while the railroad could go anywhere and cause a revolution in the importance of position on water routes. Almost every community of any wealth saw opportunity to itself to build a railroad to its nearest market. Consequently the burden of this convention was favorable to new transportation ; that funds should be created by the state for it; that the state should take two-fifths of the stock of any enterprise in this line when the other three-fifths were privately subscribed. To this end an "Address" should be issued ; proceedings should be laid before the Legislature ; committees of correspondence be appointed in each county; and a full convention be held on the fouth Monday of November, 1833. Editor Gales of The Register thought it "perhaps not going too far to say that it was the most talented, respectable and dignified body ever convened in North Carolina for any purpose."^ President Swain made William Gaston chairman of the general committee of 20, and on July 20th announced his elaborate committees for each county, in one of which, that for Guilford county. Senator Parker was chairman and Mr. Morehead one of the members. Then ten days later the Gaston general committee issued its address : it dwelt on the ^Greensboro Patriot, Slst July, 1833. 2 Issue of July 9, 1833. MEASURES FOR DEVELOPMENT 125 contrast with other states which had surpassed it in develop ment; "The great wants of our state then are emphatically good marts of traffic and the means of cheap transporta tion," said the "Address." Then they showed that natural water routes could be developed, and when these could not, the canal and railroad must enter. Sacrifice by individuals and aid by the state was the slogan ; and a great Convention in November. It was a strong appeal to forget the mistakes of the past and move forward, and worthy of the pen of William Gaston. Thereupon a movement arose in Raleigh to immedi ately make an effort to get subscriptions for that section of the "Central" railroad between Raleigh and Waynesboro (later Goldsboro) on the Neuse, to be extended later to Beaufort or Wilmington or both. Governor Swain was active in it, while Gen. Edward B. Dudley and others of Wilmington, early in August, secured a public meeting and appeal to the counties between them and Waynesboro and Raleigh for subscriptions to a railroad to Waynesboro to connect with a Raleigh line. They announced that they already had $173,000 and aimed at $180,000. "Citi zens of Fayetteville!" said the Observer, "Will not such facts as these rouse you to action?" Waynesboro and Pittsboro followed with subscriptions. On August 2nd, at Smithfield, Johnston county, $22,000 was subscribed in a mere election crowd. Newbern meetings called a district convention at Kinston in September, and by 27th August Waynesboro territory had raised $60,000 for a Wilmington road to Raleigh by way of that place and Smithfield. This was all voluntary, but stimulated by the Raleigh Convention of July 4th. A meeting on the 29th of August at Pittsboro, Chatham county, was somewhat divided, but was for improving the Cape Fear above Fayette ville; and on the 27th of August Beaufort city's meeting decided on a railroad from there to Trenton — thus passing by Newbern — and urging Onslow and Jones counties to aid them in it. The Wilmington Press, in September, showed that $400,000 had been subscribed for a Wilmington and Raleigh Railroad — a port-to-capital road — via Waynesboro, 126 JOHN MOTLEY MOREHEAD already by various interests along the route. The Kinston meeting, presided over by Governor Swain, late in that month raised $30,000 for a railroad from Beaufort to Waynesboro (later Goldsboro). The Wilmington activity, however, did not satisfy the western people, and the upper Roanoke country and tributaries began intense activity for a road from Weldon, to which the Petersburg railroad was nearly complete, westward by way of Oxford, in a meeting at Hillsboro on September 9th. The Beaufort and western idea, represented by Governor Swain, and the Oxford and western desires, represented by Judge Thomas Ruffin, came in conflict, when the latter was elected President over the former by a vote of 26 to 16. The result was the avowal for such a road and that a charter should be sought en titled the Roanoke and Yadkin Railroad Company. It is curious to note that nearly all of these plans wanted Mr. Morehead to head their committee in Guilford county, as did this Hillsboro Railroad convention; but there is more evidence that he was most interested in the North Carolina Central Railroad plan from Beaufort and in the unofficial vote for a Constitutional Convention. He was, therefore, not at the Hillsboro Railroad Convention, although they appointed him head of their Guilford county committee. The wide-spread interest in railroads, all over the United States, was indicated by the appearance this month of The American Railroad Journal in New York; and it was proposed to run the New York and Erie Railroad directly through to Chicago and to complete it in seven years. The line from Washington to New York was all provided for, except the part between Baltimore and Port Deposit on the Susquehanna ; and there was prospect that there would soon be a railroad from Maine to New Orleans, with branch lines from it — a great Piedmont line being in view at this early date. This great movement was taking on so many complications in North Carolina, however, that it was evi dent the coming Raleigh November Convention would be a great battle ground. Johnston county had a meeting favor ing a road from Fayetteville and Smithfield to Halifax, which did not look favorable to Wilmington's plans. The MEASURES FOR DEVELOPMENT 127 SaHsbury meeting of October 17th, seemed inclined toward Fayetteville also, though it deferred to the Raleigh conven tion of November. The months of October and November, 1833, were a pregnant period. The action of President Jackson in ordering the removal of national deposits from the Bank of the United States and the use of Roger B. Taney to enforce it startled the whole union and no part more so than North Carolina. It meant the flowering of a great anti- Jackson movement in this state, as vigorous as the anti-Nullification movement was for him. The Assembly was to meet and it was to be a notable one, before whom was to be laid the unofficial vote of North Carolina on a new Constitutional Convention. In addition to this was the great Transporta tion Convention to meet in Raleigh. But before turning attention to these let it be noted, that Mr. Morehead, besides being a great lawyer in active practice, and the recognized head of his counties' activities for the North Carolina Railroad prospects, the Bank of North Carolina subscrip tions, and a Jackson leader, he was interested in the Humphrey Cotton Mills at Greensboro, which had just received a steam-engine from Pittsburgh; had two great plantations at Leaksville, one of which he farmed under his own direction; and on October 16th [1833] in the Greens boro Patriot advertised as one of the firm of Barnet & More- head, his partner having built the first mill in 1813, a plant composed of a saw-mill, oil mill, carding mill, cotton gin, blacksmith shop, general merchandise, and supplies store, and their own line of boats on the Dan River. These became his own property later on the death of his partner. And his devotion to private affairs did not signify that his motto — Quiescere non Possum hung in any less prominent place on the walls of his mind. It did, however, indicate that he realized that there was to be little public progress in other lines until the fundamental basis of such progress was secured — namely, a new constitution. This was true, not only because it was right ; but because, notwithstanding the few leaders of that section with broad ideas like William Gaston, the east acted on local interests and were unable 128 JOHN MOTLEY MOREHEAD apparently to grasp the broad unifying conception of the state as a whole. Mr. Morehead's conceptions were well known and in no sense vague. As Washington had once said in the apparently hopeless days of the early 1780s on the same subject, that the people must suffer still more be fore they would feel enough to act, so John Motley More- head might have said in the early 1830s regarding all questions, and especially the one concerning a new state constitution. The meeting of the Assembly on November 18th [1833] gave Governor Swain an opportunity to state the great questions before the people, but while ably stating the secon dary ones he was notably silent on the one great primary one of a new constitution. And this was not because he did not consider it primary, himself, but because he saw from the character of the present Assembly, especially the lower house, that the people had little to hope from it. Further more, the death of Chief Justice Henderson gave that ele ment opportunity to remove the great power of William Gaston from the active arena of public leadership to the sequestered shades of the Supreme Court. Governor Swain was re-elected and he dwelt upon what he called the "excitement" in every part of the state on "Internal Improve ment," which practically always meant "transportation." He showed that real improvement had been made since Murphy's original movement in 1818-19; but asserted that the railroad would be "the commencement of a new era in the annals of physical inmprovement." One can feel the intense jealousy of every corner of the state in his scrupu lously cautious general territorial terms in reference to it. To increase the educational Fund he dwells upon the over 2,500,000 acres of fertile swamp land, three-fifths of which was state property, and the whole was one-twentieth of the extent of the state and probably one-eighth in fertility urg ing its reclaimability, and as an educational Fund measure. The currency and bank questions were acute, and the Bank of North Carolina charter was not inviting to capital, and must be made to ; for a bank must not be created to escape taxation, but to regulate the currency. He dwells also MEASURES FOR DEVELOPMENT 129 upon revision of the statutes from the earliest one of 1235 and the first "revised code" of 1715 and thought almost everything before 1777 might be discarded — but he said nothing about a new constitution. November 25th, however, was the red-letter day of the session, for on that day the Governor presented to the As sembly Chairman Thomas G. Polk's report on the results of the unofficial vote of the people on a Constitutional Con vention. This report showed "that, in thirty-three counties in North Carolina more than thirty thousand freemen have voluntarily demanded of their immediate representatives a change in our State Constitution." Furthermore, these re turns "exhibit a vote, which is by several thousand over a majority of the largest poll ever held in North CaroHna for the election of a President of the United States.'" A large majority of the people of North Carolina had therefore de manded a Constitutional Convention. On Saturday the Internal Improvement Convention at Raleigh laid before the Assembly their program: 1. A ship channel connecting Beaufort harbor with the Pamlico and Neuse river, to avoid Ocracoke Inlet; 2. A railroad from the sea to Tennessee ; 3. A Roanoke-South Carolina railroad above the falls of rivers ; and 4. A canal or railroad from Edenton to Dismal Swamp canal. This was a $5,000,000 proposition. Four Roanoke counties had voted against it, but 44 counties and towns had voted for it. It was vague and was of no value to the Roanoke country, and had in it nothing to hold them back from connecting up by railroad with Petersburg and Norfolk ; and it left the Wilmington- Beaufort rivalry on the door-step in plain sight ! And what did the Assembly do with these two momen tous programes? It spent the longest period in session in the history of North Carolina to that date, namely 57 days, adjourning from Government House, or the executive man sion, on January 13, 1834 ; and yet the organization of a bank system and charters for a few privately owned railroad propositions was all that was done with great questions. ^Raleigh Register, 3rd December, 1833. Letters dated 25th November. 130 JOHN MOTLEY MOREHEAD The transportation program failed because of the fight over the constitutional question, chiefly. The Senate was in clined to accept a convention program of a limited kind and had even passed it on final reading, but the House by five votes only rejected it. "If the people of the Eastern counties," wrote Editor Gales of The Raleigh Register, "knew the excitement which exists in the West touching this matter — if they were aware, as their representatives in the Legislature must be, that unless the grievances com plained of be speedily redressed, the yeomanry of the West will take the remedy into their own hands — if they were enlightened as to the defects which exist in our constitution, and were convinced of the utter hopelessness of achieving anything for the advancement of the State, while these evils are without a remedy — if, we say, proper exertions were made to inform them on these points, they would cordially sustain the course of those who have 'dared to be honest in the worst of times.' That the people of the West will ulti mately obtain the relief for which they are seeking is as cer tain as that their demand is founded in equity. Then let us meet our brethren half way — let us arrange our differ ences in such a manner, as will secure to them their legiti mate rights, without making us 'hewers of wood and drawers water."" On the Uth of January, immediately after the Convention bill was rejected by the House, friends of the measure held a meeting to provide an organization to go to the people and urge them to instruct their representa tives to provide for calling of a convention at the next As sembly. Senator Robert Martin of Rockingham was, as usual, active in it; Fisher of Rowan proposed the resolu tions, and the Executive Committee chosen were Wm. H. Haywood, Jr., of Raleigh, chairman ; Judge R. M. Saunders and Editor W. R. Gales of the same city ; Wm. A. Graham of Hihsboro; James Seawell of Fayetteville; and Wm. R. Hargrove of Granville county. As this was destined to be the last reactionary legislature obstructive of a new constitution, it will be of interest to '- Issue of January 14, 1834. MEASURES FOR DEVELOPMENT 131 note an analysis of it, by occupation: of the 199 members of the Assembly, 147 were married and 52 single men. The great bulk of them, 145, were farmers or planters, while the next greatest single block was 31 composed of lawyers. Seven merchants came next and six physicians, with six of no occupation at all, evidently retired. Two blacksmiths, one tailor, and one tavern keeper made up the rest. These law-makers were convinced of one thing, however, and that was the desirability of railroads, as a private enter prise ; they were not even yet convinced that public money should be put into them. Speaking of the Raleigh "Experi mental Railroad," Editor Edmund Ruffin of The Farmer's Register of Richmond, said on November 26th : "This little Railroad has doubtless had much effect in promoting the present zeal for similar and more extensive works. We are much more ready to be impressed by what we see, even if we hear truths demonstrated, and made undeniable ; and very many, who have come to the seat of government from every quarter of the State, have been first convinced of the advantages of railways by seeing the enormous masses of stone conveyed as fast and as easily as the empty cars could be drawn on good common roads." Consequently they passed bills to incorporate a "North Carolina Central Sea port Railroad Company," "The Wilmington and Raleigh," and the "Greensville and Roanoke" — a Virginia road to connect at Belfield with the Petersburg road from a point above the falls on the Roanoke, later to be called Gaston, "The Roanoke and Yadkin," "The Campbellton and Fayette ville" — a short experimental railroad at Fayetteville to her river wharf, "The Cape Fear, Yadkin and Pee Dee," and the "Roanoke and Raleigh." These were all to be, like the "Ex perimental Railroad," at Raleigh, private enterprises, un supported by the State, and when, in January, 1834, the Raleigh road declared a ten per cent, dividend, it gave great encouragement to these various railroad projects. They were likewise encouraged by progress elsewhere; for ex ample from Washington to New York there were 37 miles of the Baltimore and Ohio to Baltimore ; 41^ miles from the latter city to Port Deposit; then 31i miles of the Oxford 132 JOHN MOTLEY MOREHEAD Railroad to the Pennsylvania Railroad ; then the latter road into Philadelphia at Broad Street for 46^ miles, or 156 miles from the National Capital to Philadelphia. Then a mile up Broad Street by the Northern Liberties and Penn Township Railroad; then 27 miles from there to Trenton; then the Delaware Bridge and New Brunswick turnpike, 26i miles ; then the New Jersey Railroad to Jersey City, 30 miles ; and finally 4 miles across the Hudson— a total of 2444 miles, very much of which was completed. In England there were a dozen new roads projected ; next door, in South Carolina, was a locomotive hauling each way every other day, and the road was making money. With all the local projects in North Carolina there was one region that proposed the Beaufort-Tennessee or "North Carolina Central Railroad," namely, in 1827 when President Caldwell, as "Carleton," advocated it, and at Jamestown on June 28, 1828, in a district meeting urged it, and that was Guilford county.' From that time to July, 1834, they had had four meetings of this county Internal Improvement Convention, but the one of July, whose public address ap peared in the Greensboro Patriot of July 14th [1834], signed by Andrew Lindsay and Dr. David Worth, called upon the people to begin building the railroad from Beau fort to Newbern and Raleigh by subscribing 3/5 of the capital ; but also announced that nothing could ever be done until the constitution was revised, as the East was opposed to transportation improvement. This was followed on the 19th, by the appearance in the Greensboro Patriot of a unique public letter, signed "Clin ton," referring no doubt to Governor De Witt Clinton of Erie Canal fame, and purporting to be from Beaufort. It was the first of a series and is so similar to the style and ideas of John Motley Morehead that it is given in full : "Gentlemen: A request has been made to county com mittees of correspondence and others who feel an interest ^ President Caldwell had spoken in the first of these meetings and he also spoke in a Hillsboro meeting on May 27, 1834, in which he urged that the State was without debt, had a capital of $800,000, and even $500,000 after the $300,- 000 bank stock was taken out; so that the State could easily take the two-fifths, especially when private capital stood ready to take the three-fifths. Raleigh Register, 10th June, 1834. MEASURES FOR DEVELOPMENT 133 in the improvements of the state of North Carolina, to com municate their plans to the public previous to the next ses sion of the legislature. I shall therefore submit my plan to the farmers of North Carolina. If I only inherited one- half of Girard's fortune I would amuse myself with making a grand central railroad from the port of Beaufort to the Tennessee line. In the first place I would employ an ex perienced engineer: M. Robinson, H. Allen, or A. A. Dexter might probably be engaged ; and such assistant engineers as they might deem best qualified to carry on the work. I would then take them out on Beaufort bar — let them sound the bar outwards and inwards, and satisfy them that there was 22 feet [of] water at ordinary high tides. And then we would sound the channel up to Fort Macon, about two miles, with from four to five fathoms water, good harbor, and safe anchorage, as soon as you get within the bar. From Fort Macon we would sound up to the mainland, near Shepherd's point, about two miles, by which they would be satisfied that the lowest cast of the lead in this noble channel is 22 feet, and near Shepherd's point this channel terminates in a large harbor or basin, with from four to five fathoms water, and good anchorage. This harbor is protected by a powerful port. Here then at Shepherd's point, my engi neers would commence their level, and proceed in the best, most practicable, shortest and most level route, to Morgan- ton in Burke county, and thence by the most practicable route to the Tennessee line. I shall consult my own interest in selecting the best and shortest route. I cannot consent to run this road zig-zag through every little town between Beaufort harbor and Morganton. The main road must be as straight as possible, to facilitate the speed of the loco motive engines and freight and passenger cars. A straight road will last much longer than one in which there are fre quent curves. Let all the county towns near the main rail road make branches into it as soon as possible. "The more branches, the better for the farmers— and the merchants, also. Most of the farmers who make small quantities of produce will sell it to the merchants in the in terior towns near the railroad. As soon as the engineers 134 JOHN MOTLEY MOREHEAD could get ten miles of the road levelled, I would put it out to contractors at a public sale, after due notice. These con tracts should be made with the lowest bidder, fairly and honestly. And proceed on in the same way as soon as an other ten miles is levelled. I should proceed a little south of the lakes, to near the Hne of Onslow county: There would be a slight curve in the road — and thence straight to Trenton or near it. By this route I should avoid crossing Newport river, and also Trent river near Newbern, where it is navigable. No engineer will attempt to cross a navigable river, when he can possibly avoid it. The citizens of New bern could make a short branch railroad to join near Tren ton. At the close of the first year, say 1835, I would have the road finished to Trenton, and two Locomotive steam engines, with a sufficiency of passenger and freight cars travelling on it. The distance from Shepherd's point to Trenton is about 45 miles. From Trenton I would run the road in a straight line to Haw river and cross that stream by a stone viaduct, near Haywoodborough. From Trenton to the Haw river is about 100 miles. I would 'go ahead' the second year, and at the close of 1836, would have the line from Shepherd's point to the Haw river in operation. The ground is so favorable in this division of the road and timber so convenient, that I do not feel a doubt of completing this division by the close of 1836. In 1837 and 1838 I would push on the railroad to Morganton in Burke county, about one hundred and forty-five miles. "In this division it is necessary to make good stone via ducts across the Haw, Deep, Yadkin and Catawba rivers. All these viaducts could be built while the other parts of the road were in progress. In the year 1839 I would carry the railroad from Morganton to the Tennessee line, in Bun combe county, where the French Broad river passes through the Bald Mountain. When I get to the Tennessee line, I shall think it is 'glory enough' to have accomplished this great state — I have a mind to say — national work. "Clinton.'" 1 Whether the series were all written by the same hand can not be known; indeed the second article, on Oct 1st, avows it to have been written by a resi- MEASURES FOR DEVELOPMENT 135 On October 1st, he writes: "I agree with Dr. Caldwell in the opinion that a road can be made for five thousand dollars per mile, including locomotive, passenger and freight cars. But it is prudent to allow something for contingencies — say 250,000 dollars — which makes in all the sum of two million of dollars. "If I had the funds I would commence the work and only ask of the legislature the same rates of toll which are re ceived on the Charleston and Petersburg railroads. Time would soon demonstrate that I had a fortune equal to any man in the United States. But, as I have not the honor to be the son of Girard, how shall the funds be raised? Let the next legislature authorize the Governor and treasurer of the State to borrow in London, or elsewhere, one mihion dollars, redeemable in 25 years. A late number of the London Mercantile Journal says : 'so abundant has money become that discounts in some cases have been obtained at the extreme low rates of IJ per ct. per annum.' The current rate is, however, 2 and 2^ per cent. Certainly if money is so plenty in London, it could be borrowed for four cents, in cluding brokerage and all expenses. The money could be deposited in the new state bank subject to the order of the treasurer of the State countersigned by the comptroller. "The contracts on the railroad when executed and ap proved by the chief engineer, would be certified by him and the commissioner or commissioners, presented to the comp troller and treasurer, who would take receipts and issue drafts on the State bank for the amount. The engineers and commissioners to be debarred by severe penalties from any interest directly or indirectly in any contracts to be exe cuted on the railroad. The legislature could, by joint ballot, appoint one or three commissioners to superintend the con struction of said great central railroad; with such compen sation as would command men of unquestioned talent for dent of Beaufort. At any rate the first and second so well represent Mr. More- head that it is possible it was his custom to spend a part of his summers there; they serve well for illustration of the best thought of this early period. Dr. J. Allison Hodges, born on the Lower Cape Fear river, tells the writer that it was the custom of such families to be at the shore together one month of stmimer and at the mountains another month, so that it is entirely possible that Mr. Morehead had "lived" there, in that sense, for many years. 136 JOHN MOTLEY MOREHEAD such an important work. Then let the great work be im mediately commenced, and prosecuted with all possible energy to its final completion. While it was going on, the citizens of Wilmington and Newbern, with the aid of two- fifths subscribed by the state, could push forward their branches to connect with the central road, probably at Tren ton. Wilmington, which is the second best sea-port in North Carolina, would thus by a branch of 60 miles be con nected with the main road and Newbern by a branch of 20 miles in length. Then would the farmers of our state who are the main pillars of society have a choice of the markets of Beaufort, Wilmington and Newbern. "Beaufort is as healthy as any sea-port in the United States. In this respect it is far superior to Petersburg and Norfolk to the north or any sea-port to the south of this." And he devotes a remarkable paragraph to this feature, after which he details the profit of the road, the advantages in fresh foods from a distance, like sea-foods, similar branches like those to Wilmington and Newbern, the completion of road and branches as they proceeded westward, the develop ment of one great port, steamship lines abroad and consequent commercial development. The two letters are strikingly predictive of what the Greensboro statesman was to actually undertake and persuade the state to undertake also. These July operations were followed on August 13th [1834] by a discussion at a public meeting in Greensboro held under the auspices of the Raleigh Internal Improvement Committee of the previous November, of which Mr. More- head had been appointed a member, but it was ineffective. After election, however, a Greensboro meeting was held on the 15th of August in the Presbyterian Church to listen to the successful candidates at the late election talk. And although John Motley Morehead was neither a successful nor a defeated one, he was called upon ; and it became prac tically the signal for his re-entry into public life. "He said he appeared before them in a character different from that in which his predecessors had presented themselves. He was neither a candidate elected, nor a candidate beaten, MEASURES FOR DEVELOPMENT 137 but as the town was already sufficiently represented, he had stepped forward as a candidate for the country. He was very sorry that questions of importance were always pre sented to the consideration of the people, when they were disqualified, by excitement, for deciding correctly. It was not the proper way for candidates to vindicate their con flicting sentiments among the people just before the election ; because each one would have his personal favorites, who would go for them, principle or no principle. Hence the result of an election was no test of any principle. "He maintained that it was not for candidates to say what they were in favor of ; but it was the proper business of the people to elect men who were intelligent, firm and untrammelled; to consult together and determine, among themselves, what they wanted done, and then command their servants to perform it! He never had any confidence in anything that a candidate might say, either about principle or poHcy — as his object was to say anything that might advance his hopes of success. "He therefore, as one of the people, feeling no interest in the matter but what ought to be felt by every citizen in the State, called upon them to assemble at the Court House in this place, on the Tuesday of November Court, to take into consideration the subject of Internal Improvement; and either determine upon some plan proper to be pursued, or else put the matter forever at rest. He said every man who ever had a dollar, or whoever expected to have a dollar, or whoever expected his children to have a dollar, ought to at tend this meeting, that all information on the subject might be thrown together in one common stock, for the benefit of all ; and that an aggregate of pubHc sentiment might be made out as a guide to our Representatives. "Mr. Morehead was cheered by the people in a spirit which clearly indicated their hearty approbation of the course he had proposed, and we hope that every man, rich and poor, learned and unlearned, will make up his mind to attend on that day, in order that the question may be fairly settled, so far as this county is concerned. We know the question is one of vital importance. If it be for the 138 JOHN MOTLEY MOREHEAD interest of the State to improve it by Railroads, it ought to be known, and the work commenced; if otherwise, the project ought to be promptly met and put down.'" This meeting was held on November 15th, and it was so well attended and considered of such importance that the Court adjourned for it. The occasion was one of the most important in the history of the state, for it virtually became the announcement of a new leader with a definite program, from which he was never to deviate and in which he was destined to lead his state to its adoption. With a long and powerful address he introduced a set of resolutions de signed to definitely instruct the representatives of Guilford county just what to do, as he had proposed doing in the previous meeting. They are so important that they are here given in full: "Resolved, that the spirit of Internal Improvement, which pervades every State in the Union, should not be permitted longer to slumber in this State ; and that it is the duty which our State owes to herself and to her citizens, forthwith to arouse that spirit, and to put it into energetic and successful action. "Resolved, that the State contains within herself the elements of a great and powerful State, in the mildness of her climate, the fertility of her soil, the variety of her pro ductions, the exhaustless stores of her innumerable mines and minerals, and in the intelligence, industry and patriot ism of her citizens; and that nothing is wanting to bring these elements into immediate action, but a system of wise and liberal legislation, by which the energies of her most enterprising sons shall cease to aggrandize other States, by emigration. "Resolved, that this State has one of the best harbors in Beaufort harbor, south of the Chesapeake; and that a Railroad, from that place to the city of Raleigh, should be forthwith commenced by the State herself; that she has the means to execute this work speedily; that, by the exe- ^ Quoted from the Greensboro Patriot by the Raleigh Register of 2nd Sept, 1834. MEASURES FOR DEVELOPMENT 139 cution of the work, all her citizens — even the most ignorant and narrow minded — must become convinced of the practi cability and utility of such improvements.^ "Resolved, that by the construction of this Road, access will be opened from the interior to our best harbor ; facilities and powerful inducements will be offered to individuals, to invest their capital in the construction of lateral roads to Newbern, Wilmington, and other places, and the extension of that road westwardly, through the center of the State. "Resolved, that a steamboat navigation, if practicable, should be opened through the Club-foot and Harlow's Creek Canal between the waters of Beaufort harbor and the waters of PamHco and Albemarle Sounds. "Resolved, that it is the duty of every State, in all works of general utility, to execute them at public expense, or at least, to contribute largely to their execution. "Resolved, that it is expedient that a general law be passed whereby the State shall pledge herself to take two- fifths of the stock in any company that shall or may be hereafter incorporated for the purpose of internal improve ment, whenever individuals shall subscribe and secure the payment of the other three-fifths. "Resolved, that we view the conduct of the Legislature of our State, upon the subject of Internal Improvement — by merely passing acts of incorporation, in which the collected wisdom of the State refuses to invest one dollar of the public wealth — as a mere mockery of our wants; and as wholly impoHtic, unjust and unworthy the State, and contrary to a wise system of legislation. "Resolved, that inasmuch as all the funds and revenues of our State are subject to the disposition of our Legislature, we deprecate, exceedingly, that Manger policy by which they are hoarded up, and rendered useless, while the best interests of the State are starving for want of their judicious application. "Resolved, That we cannot enough deprecate that system of demagogical legislation, which proclaims unlimited con- ^ Italics by the present writer. 140 JOHN MOTLEY MOREHEAD fidence in, and friendship for Internal Improvement, mani fested by acts of incorporation, whereby individuals may do what the State should do— and whereby a miserly care of the people's money is attended with the usual concomitants of all miserly acts — degradation, poverty and suffering! "Resolved, That in the opinion of this meeting, if each American citizen had been permitted to fight just as much as he chose for his freedom ; and each State had not, in her sovereign political character, declared her citizens a free people, we should have continued to be, until now, the sub jects of Great Britain: — and it is further the opinion of this meeting, that our citizens must remain the subjects and slaves of thraldom and poverty, unless our State, herself, shall again declare them free, by adopting a system of In ternal Improvement that shall bring into action all her energies. "Resolved, That a copy of the Proceedings of this meet ing, and of these Resolutions, be transmitted to our Rep resentatives in the present Legislature, with a request to lay them before each House thereof. "Resolved, That our Representatives be instructed to vote, on all subjects of Internal Improvement, according to the true spirit of the foregoing Resolutions ; and that we shall hold them responsible, without specific instructions, for the judicious exercise of their votes on all questions relative thereto. "Resolved, That the foregoing proceedings be published in the Greensboro Patriot, and that all Editors in the State, friendly to Internal Improvement, be requested to publish them also.'" This was the signal of preparation for action on the backbone question of transportation that should follow the almost certain reference to the people by the next Assembly, of the question of a constitutional convention. For the Carolina Watchman, early in July, had said: "If the Gen eral Assembly does not submit the inequalities of our Constitution to the people in some formal mode — we of the 1 Reprint in Raleigh Register, 9th Dec, 1834. MEASURES FOR DEVELOPMENT 141 West are determined to go to work without the behest of that body. We admit that the experiment is dangerous — if the people were less virtuous, it would be imminently so— but we think the spirit of our fathers which bore them through the trials of the Revolution, is still sufficiently with us to secure us against the perils of faction. Mark it, my dear Sir, cost what it will, the experiment will be made immediately after the rise of the next Assembly, if some measure of Reform does not pass. We are determined to try it before another hot Presidential contest shall come on to absorb State politics. We say this in the very best feeling, not as a threat, but as a warning. We would be glad to avoid the alternative, and it is but right that we should try to do so — for this purpose, we ask our brethren of the Press in the East to repeat this caution — for this purpose an attempt at liberal concession will be made by Western members at the next Assembly — and then, if the alternative is forced upon us, we will go ahead !'" As to the position of the North Carolina Watchman amongst the press of the commonwealth, let an interesting, though partizan statement of a powerful journal of that day in the western part of the state. The Greensboro Patriot, be given, for Editor Swaim was almost as important a figure in the state press as Editor Gales at Raleigh. "The Milton Spectator is already out of the question ;" the statement pro ceeds, "the Fayetteville Journal is fluttering like a wounded pigeon — the Rutherfordton Spectator has worked itself into an interminable fog — the Wilmington People's Press is sort of Boo! and sort of not Boo! The Newbern Sentinel CLUCKS now but to hang its wings in despair on the morn ing of our political resurrection! and the North Carolina Standard [Raleigh] 'conceived in iniquity and brought forth in sin' will die a natural death with the extinction of Col. White's pursership in the navy. Thus, 'we have met the enemy and they are ours.' On one side stands the Raleigh Register, venerable for its age and consistency ; the Star, once in bad company, but now on the side of the 1 Reprint in Raleigh Register, July 29, 1834. 142 JOHN MOTLEY MOREHEAD people and the constitution ; the Oxford Examiner, not to be sneered at by modern Toryism; the Fayetteville Observer, an untrammelled asserter of truth and correct principles; the Western North Carolinian, once tainted with the heresy of nullification, though now threatening death and desolation to the usurpers of imperial power ; the Carolina Watchman, like a faithful sentinel, sounding the alarm at any approach of danger; and last, though not least, the Newbern Spec tator, scoring the trammels of party discipline and soaring high above the temptations which have led the Standard into ways of error and falsehood, stands like an everlasting pillar of truth in the midst of a wicked and perverse genera tion. When to these can be added the Southern Citizen [Editor Swaim's proposed new periodical], with its twenty- four ponderous columns, and two thousand subscribers, the cause of the people must triumph. Jacksonism wih go down into its socket and disappear ; and Van Burenism will pass away as a dream in the night.'" The significance of the political upheaval plainly to be seen in this picturesque view of the Carolina press is well expressed by a Beaufort correspondent of the Newbern Spectator, so highly praised by Editor Swaim: "We are generally Whigs — or Rebels, if you insist on it, in this county [Carteret]. We cannot and will not support a collar man for Congress. We are in favor of Clay's Land Bill — we are in favor of a National Bank, to regulate the currency — we are in favor of the cause pursued by a majority of the Senate of the United States — we are opposed to the Kitchen Cabinet — we are opposed to the election of Martin Van Buren to the Presidency — we are opposed to the corruptions of the Post Office Department — we want to see this Augean stable cleansed — we are opposed to the usurpation of the Executive, and his violation of the Constitution and laws of Congress — we are opposed to the union of the purse and the sword in the same hand — we are opposed to the practice of President Jackson of appointing members of Congress 1 Greensboro Patriot, 24th Dec, 1834. MEASURES FOR DEVELOPMENT 143 to office. This practice, if not rigorously opposed, will soon destroy what small remains of liberty we possess.'" This great wave of national political tide was serv ing to help float both the movement for a constitutional convention and for railway transportation. And yet it would be no easy matter, for the alluvial soil of the east was heavy upon the bottom of the ship of state, and localism was a barnacle not easily removed. Nor did John Motley Morehead of Guilford underestimate these difficulties or ex pect a commonwealth to be remade in a day. However, he expected it to be rebuilt; and indeed considered the process was well under way. 1 Reprinted in the Raleigh Register, Aug. 5, 1834. Probably it ought to be added that Judge Gaston*s elevation to the Chief Justiceship, as noted in this chapter, was not altogether poUtical, but for the good of that high bench, as Judge Connor has shown in his address on Gaston. VIII Revision of the Constitution AND Transfer of Political Power TO The West 1835 Probably the earliest reference in the North Carolina press to a new political uprising in the nation was that on June 10, 1834, in the Raleigh Register giving an account of a celebration at Alexandria, Virginia, on the 27th of May of a victory over the administration party by a combined oppo sition which everywhere had taken the name of "Whig." The Alexandrians cheered the "Whigs of '34" as follow ing in the footsteps of the "Whigs of '76 !" And the name was commonly used all through the campagn of 1834 in North Carolina which was to have so much influence on local questions in the coming Assembly of 1834—35. The Whig cry was no louder, however, than the Wilmington cry, through their Committee of Correspondence on June 17, 1834, against the Raleigh Convention program of November, 1833, which favored, as has been seen, the North Carolina Central Railroad from Beaufort to Tennessee and a Roanoke-South Carolina line, above the granite falls of rivers, which offered as great an obstacle to rail grade as to navigation. This Wilmington Committee defended their port with some important statistics, and it had among its members men like General Edward B. Dudley. Their cry was against a Virginia-South Carolina railroad above the falls as permitting those two states to "bleed" North Carolina; "but," said they, "if there is any general plan to be adopted by the Legislature, and to be preferred above 144 NEW CONSTITUTION AND POLITICAL POWER 145 others, we would advocate the construction of a Railroad from the port of Beaufort through Newbern to the city of Raleigh, thence to Fayetteville and Hillsboro, or in any other direction that may be more favorable, so as to reach the remote "west." They further add that "after the com pletion of tliis work," they would support any cross-state proposition if it were generally desired. This was a great victory for the North Carolina Central people and was made possible in some measure, no doubt, by the disaffection of Johnston county in favor of the above-falls-Fayetteville line instead of the Wilmington-Raleigh line. By July 15th, the Raleigh committee directed Gavin Hogg to answer the Wilmington address and on August 12th, the Wilmington committee retorted with vigor. This controversy became essentially a Raleigh-Wilmington one, because the Raleigh leaders of the November Convention were accepting the verdict against Wilmington as a possible great port, and had cast their lot in with Beaufort and were still trying to hold the Roanoke and Yadkin regions. So that so far as Wil mington was concerned this question was quite as vital as the new Whig politics or the new constitutional conven tion. The election of the new Assembly in August reflected the political revolution in some measure. The Whigs were able to elect the Speaker of the House, a western man, but the Jacksonians elected the Speaker of the Senate. On November 18th [1834], Governor Swain, in his message, which was longer than usual, devoted first and chief space to the constitutional convention, as he said circumstances were different from those of last year. In a most able, con vincing historical as well as logical and compromising treatment, he showed how this system of inequality in rep resentation inherited from our British Colonial status had been either abolished or drastically modified by every state except Maryland and North Carolina and that it did not appeal to the national convention of 1787. He dwelt on the desirability of limiting action, but that a wise com promise would win them "the lasting gratitude of posterity." Not to do so would leave the baneful spirit among them 146 JOHN MOTLEY MOREHEAD that had defeated all progress in wise and liberal legislation since the beginning. While giving this subject first place he reiterated his beliefs regarding transportation and the port of Beaufort. He also announced the opening of the -Bank of North Carolina. Probably the best known men in the House were Graham of Hillsboro, General Dudley of Wilmington, Wm. H. Haywood, Jr., of Raleigh, M. E. Manly of Newbern and James Seawell of Fayetteville. On the 19th of November [1834], the first motion to refer any subject of the gubernatorial message was that on convention to a select committee, which was announced on the 21st as Messrs. Craige of Rowan, Barringer of Cabarrus, Haywood of Wake, Outlaw of Bertie, and Clark of Beaufort City, but on the following day Graham was ap pointed in place of Haywood, resigned, making three western men to two eastern, showing that Mr. Haywood declined to play the role of Justice as a representative of the capital county. The result was as it should be : the west was to have her Convention, but it would be on as con servative lines as a compromise could make it. On Novem ber 24th Mr. Outlaw asked to be relieved and Mr. Potts of Edgecombe county was substituted, not affecting terri torial representation. Chairman Craige's committee made a Convention report on December 4th, which passed first reading and was made the order of the day for a week later. On the 9th Mr. Manney of Carteret (Beaufort) thought this a good time to introduce a bill for a railroad from Beaufort to the Tennessee line to take the place of the North Carolina Central bill which had not been effective thus far. It was referred to the Internal Improvement Committee, and was a bill "to construct the Central Rail road," and was evidently along the lines laid down by President Caldwell at Hillsboro. The political fight over instructions to U. S. Senator Willie P. Mangum prevented the ordered discussion of the Convention report, but on the 18th both the Convention and the Central Railroad bills were set for discussion the following week. It was the 23rd before a discussion in committee of the whole was secured without definite result, and likewise on Christmas NEW CONSTITUTION AND POLITICAL POWER 147 Eve ; but on the 26th, it was decided by a vote of 74 to 52 that it should be re-committed to a select committee of one from each Congressional District— which would be on a Federal ratio basis. This had been proposed by Mr. Kittrell of Anson and he was made chairman, with Bar ringer of Cabarrus, Weaver of Buncombe, Waugh of Surry, Gotten of Chatham, Poindexter of Stokes, Haywood of Wake, Dudley of Wilmington, Pugh of Bertie, Bragg of Warren, Norcom of Edenton, Whitfield of Lenoir, and Smallwood of Beaufort county. This gave six western men and six eastern, with Mr. Haywood of Wake, the capital county, again to be asked to play the role of Justice, and on the 27th they reported a substitute bill, which was accepted by a vote of 68 to 61, favored by the west, with a certain number of harmonizing eastern men. Immedi ately following this vote the east tried to remove the pro vision of election of Governor by free white voters, but it was held in 94 to 35, whereupon they tried to remove borough representation, but lost it by the practically original vote of 68 to 60. Thereupon a Brunswick representative tried to open the capital question by giving it into the Con vention's hands, but he was promptly overwhelmed by a vote of 108 to 19. It was finally passed second reading and ordered printed by a more conservative vote of 66 to 64. On the 30th, General Dudley offered an amendment to the charter of the Wilmington and Raleigh Railroad which was significant. On the 31st, by a vote of 66 to 62, the Conven tion bill passed third reading and was sent to the Senate. This was a dangerously small margin. The Senate had had a bill under consideration but laid it on the table to receive the House bill on January 1st [1835] and on the 2nd began its consideration and promptly made a few slight changes and one important one, namely, by reducing the House membership limits to between 90 and 120 and leaving the borough representation to the Conven tion. It was then passed by the narrow margin of 31 to 30. On January 3rd, third reading was had and after many efforts to amend it in various ways it was passed by the same vote, 31 to 30, practically as it was, and returned to 148 JOHN MOTLEY MOREHEAD the Commons. The House took up the amended bill on the 5th and after a determined fight by some, which was resisted by a large majority, the Senate amendment was ac cepted by the equally big majority of 86 to 36, and the Senate so informed. The House later wanted to add a sup plement providing that judicial salaries be not diminished during continuance in office, and sought a conference com mittee to which the Senate agreed, and by the 9th the bill was finally passed and provision made for printed copies of the bill for circulation; thereupon the Assembly closed its long session on January 10, 1835. It win be well to take note of the leading features of this act, for it determines the essential features of the new constitution in advance; and what is determined satisfies neither the east nor the west. Thus it was a compromise that it soon became evident both east and west would ac cept as the solution of the half-century old controversy. After providing for the modes of securing the convention on a House of Commons basis, it provided that the people should vote for or against a Convention to be bound by the foUowing propositions: 1. A Senate of but 34 to 50 mem bers, elected by taxation districts ; 2. A House of but 90 to 120 members, "exclusive of borough members," which the Convention may exclude as it will, the basis being the Federal population, except that each county must have at least one representative ; 4. Use discretion as to free negroes voting, the holding of both State and national offices, equality of capitation tax, and nine other provisions, one of which was election of Governor by the people, and a mode of ratification. The supplement provided for Judiciary revision. The vote was to take place on April 1st and 2nd [1835] next; and if favorable the Governor should provide for election of delegates. Twenty days later, as if feeling that his work was done and that with the coming of the new constitution all things else would be added unto them, in cluding "Carleton's" Sea to Tennessee railroad. President Joseph Caldwell passed away and men said: "A great man has fallen!" Contemporary with this event, also, the Ala bama "Whigs" nominated Judge Hugh L. White of NEW CONSTITUTION AND POLITICAL POWER 149 Tennessee for President against the Tennessee President's candidate, and the "Whig" movement was abreast of both constitutional and transportation reform. While these events were in progress, Mr. Morehead was leading public action against the Jacksonian Baltimore Con vention, being the chief speaker in a Guilford county meeting on May 19th [1835], at Greensboro, which was thereby led to denounce it by a vote of 93 to 3. During the meeting he twitted Mr. Shepperd on "Confessing the sin" of supporting the "powers that be," meaning Jackson and Van Buren, "as he [Morehead] was himself a sinner of the same description about that time ; but that since then he had become heartily penitent." He had already spoken in other counties with similar results. On May 13th, the editor of the Greensborough Patriot had said: "We are anxious that John M. Morehead should be in the Convention by all means. His interest is identified with the west; and his ability to defend any proposition he may bring forward to sustain that interest renders it peculiarly important that he should have a seat in that body. ... In this case we need our strongest men — our heaviest metal!" He was again in public life, and the people knew what he would do in convention. The meeting at the Guilford County Court, on the con stitutional convention, had appointed a committee of ten, of whom Mr. Morehead was one, to address the public. This address was issued on February 25, 1835, and among other things, it emphasized the fact that five western counties named, with greater white population than nineteen named eastern counties, had but fifteen representatives, while the latter had fifty-seven ; that five western counties having more black than white population than sixteen eastern counties, had only fifteen representatives, while the latter had forty- eight ; that Guilford had a greater white population than five eastern counties, yet she sends but three, while the latter have fifteen ! Orange county, but slightly less in white and black population than five eastern counties has but three, while the five eastern counties have fifteen! Twelve eastern counties paid only two-thirds of what five western counties ISO JOHN MOTLEY MOREHEAD paid the State treasurer. They showed that western coun ties were actually paying the salaries of eastern county members! The new convention would make a constitution based on taxation and federal population; and while the proposed limitation of the powers of the convention were not all that was to be desired, yet the proposals were fair to all, and some things like election of executive by the people was in line with more direct popular control. "The oppor tunity is now offered us [on April 1st and 2nd] to put ourselves on an equality with them [the eastern counties] ; and to give the west a decided preponderance, which it ought to have in the legislature." The April election occurred and with the result not so unlike the unofficial ballot of near 30,000, namely 27,550 for and 21,694 against, making a majority of 5856, with every county voting, and having votes both for and against, even to a solitary one in Rutherford or two in Rowan against to so few as four for in both Tyrrell and Greene or five and six in Hyde and Martin respectively. And the remarkable feature of it was that this majority vote of 27,550 was given by 26 counties, while it took 39 counties to furnish the minority vote, or 13 more than the majority! The location of them is shown on the accompanying map. The greatest number against in any one county was that of Johnston, Edgecombe coming next and Beaufort and Wayne counties following ; while the greatest for was Lincoln, Orange com ing next and Rutherford and Surry following. Wake, the capital county, went over 2 to 1 against. Probably Halifax gave the greatest number for of any eastern county, unless Granville be called eastern; and probably Caswell gave the largest against, among western counties, unless Cumberland be called western. Guilford was 1271 for to 143 against. The Governor appointed May 21st for the election of delegates who were to meet in the capital on June 4th. Guilford County sent John Motley Morehead and Jonathan Parker. Government House, the temporary capitol at the foot of Fayetteville street, Raleigh, was the objective of every thoughtful man in North Carolina as the new delegates NEW CONSTITUTION AND POLITICAL POWER 151 gathered there on the afternoon of June 4, 1835. Editor Gales, of the Raleigh Register, said that "the people, laying aside political feeling, have in almost every county, selected their most experienced, most talented and strongest men- men who would confer dignity and honor on any station." "It may be said," he asserted in the issue of June 9th, "without the fear of contradiction, that the Convention, as a body, will not suffer by comparison with any similar assemblage in the Union, which has preceded it." Here came the venerable Nathaniel Macon of Warren, now com ing probably to his last great public service, as he had come to his first, when the place was merely "Wake Court House," in 1781. Craven sent Judge William Gaston and Greene sent Richard Dobbs Spaight. Governor John Branch came from Halifax, General Alfred Dockery from Richmond, Governor Swain from Buncombe, Calvin Graves from Caswell, Charles Fisher of Rowan, General Alexander Gray of Randolph, Judge Henry Seawell of Raleigh, D. M. Bar ringer of Cabarrus and others of Hke character. Even before permanent organization was effected. Judge Gaston, as often before, became the voice of a great majority, 86 to 22, to enter upon the work in the spirit of the Assembly's limitations of it, now, by endorsement, the people's limitations, also. Thereupon the patriarchal Macon was unanimously chosen President of the Conven tion. Mr. Morehead's first effort was on June 5th, desiring to economize in printing, and Mr. Fisher supported him and he won his point of election of a Convention printer and Gales and Son, of the Raleigh Register, were chosen. He then offered resolutions assigning different subjects of the Act to select committees, but differing ideas upon the matter led to adjournment and to use of the Presbyterian Church for a future meeting place. The idea of Weldon Edwards of a Procedure committee as first in order was offered as similar to Virginia and New York plans, while some preferred a Committee-of-the-whole plan used in the national constitutional convention; but, by a vote of 64 the Edwards plan failed and Morehead again called up his plan ; and Judge Gaston again became a decisive factor and actually 152 JOHN MOTLEY MOREHEAD secured the adoption of the Edwards resolution, and More- head as well as Gaston, Edwards, Fisher and others active in the matter were appointed on the Congressional District committee of thirteen. This occurred during the first ses sion in the Presbyterian Church, a brick structure on the site of the present one at the southwest corner of Capitol Square, of which Rev. Dr. McPheeters was pastor. Before Judge Gaston made the report of the Procedure committee, some discussion was had on whether visitors should be allowed elsewhere than in the galleries, then the report proceeded to provide for committees much as Mr. Morehead had proposed: 1. On representation in Assem bly; 2. On processes of amendment, ratification and ordinances; 3. On borough representation; 4. On vote of free negroes ; 5. On holding both state and national offices ; 6. On capitation tax of white and slave ; 7. On militia and local justices' selection and removal; 8. Assembly mode of election of officers ; 9. On the 32nd article ; 10. Assembly vacancies ; 11. On frequency of Assembly meetings and elec tion of Secretary of State; 12. On gubernatorial election; 13. On Attorney General's election; 14. On judicial im peachment; 15. On local Justices' disqualification; 16. On judicial disabilities; 17. On judicial salaries; 18. On private legislation ; and 19. On confining Judges elected to judicial offices only, while still on the bench. At this point occurred that invariably interesting pair of proposals: attacking all subjects alike vs. first selecting the simple great subjects in committee of the whole. This latter was proposed by Governor Branch, and others brought up almost all the various methods so familiar to students of the convention of 1787. On taking up the first resolution, however, an eastern member tried to change the Congressional District basis to a judicial district one, and on Morehead's attacking it, it was lost 75 to 51, but the committees were doubled to 26, instead of 13, and Morehead was placed on the Assem bly representation committee, and his motion to meet at 10 A. M. every day closed the session of Monday, June 8th, at the corner of Salisbury and West Morgan Streets. An effort on the 9th to get statistics on the election NEW CONSTITUTION AND POLITICAL POWER 153 brought out some interesting facts: Among others. Governor Swain said the April vote, "thin" as it was said to be, was the greatest in her history, with one exception— the Presidential vote of 1828, when it was 51,776, while that of April was 49,244. But on Wednesday, the 10th, the Committee of the Whole took up borough representa tion, for which Judge Gaston made the most notable plea, and as usual Governor Swain brought out some interesting history, namely, that it was the course of the borough members which brought this Convention into existence in the Assembly. He thought the country would not be just to the towns; and said he had hoped district representation would take the place of county represen tation, and so break up, by district lines, an imaginary line between the east and west. These two probably strongest, most liberal leaders of the Convention, one of the east and one of the west, both for borough representa tion, was a rather remarkable fact, except that one was from the largest town in the state, and in the east, and the other from the extreme west, at that time. And when Fisher of Salisbury confessed his practical decision to vote for abolition of borough representation had been suspended by what he had heard, one may know the discussion was a powerful one ; and his own description of borough election fights was, unconsciously no doubt, one of the strongest points against them, for he said it was not true of county election. His conclusion seemed to favor some eastern boroughs, but he was against western borough representa tion, and he was from Salisbury. Meares of Sampson county made good points for representation of marine bor oughs — in fact it was Newbern, Wilmington and Fayette ville, marine towns, which desired separate representation most. Of course they would be represented in the Senate, but that was not enough. "The interests" of that day were in the marine boroughs. Some gentlemen even advocated it on the old English basis. And then the Roanoke and Albe marle spoke up through Governor Branch and others, and they were against the borough. One of them indeed said : "Halifax, Sir, is gone — Edenton is going— and Newbern is 154 JOHN MOTLEY MOREHEAD not far behind" — so their power to vote did not protect them as boroughs! Mr. Toomer made a powerful plea for the boroughs, noting that South Carolina, Virginia, New York and Massachusetts, in their revised constitution, retained borough representation. At the end of two days, a vote on excepting the three marine boroughs was negatived, and abolition was also negatived, and it was sent, 103 to 23, to the committee of 26 as it was. On June 12th, negro voting was taken up in Committee of the Whole — meaning of course free negroes. Mr. Daniel of Halifax precipitated the question by a resolution to have them vote, if with a freehold of $250. The greatest attack upon it was by Mr. Bryan, of Carteret, who insisted that freeing slaves did not confer political rights. "North Carolina," said he, "is the only Southern State in the Union that has permitted them to enjoy this privilege." He in sisted that "this is a nation of white people," and, whether one agreed with him or not, his was a powerful plea. In it he anticipated almost all the difficulties that have grown out of this great question. He didn't want North Carolina to become "an asylum for free negroes." It was finally decided by a close vote of 61 to 58 to withdraw the vote from free negroes; and on the following day it was taken up in open Convention. Here again discussion was able and vigorous. Mr. McQueen of Chatham, drew attention to the fact Connecticut gave them no vote, likewise Ohio. Judge Gas ton favored not removing the vote, and Mr. Morehead favored voting for Commons alone, with a $100 freehold. Thereupon a vote was taken, 66 to 61, in favor of abrogation of the vote, Mr. Morehead being one of the 61 ; and with him such men as Fisher, Gaston, Branch, Swain, Seawell, and others of like character. It was plain that the British and probable French freeing of slaves in the West Indies and the occasional insurrections had some influence in the settle ment of this question, as well as some northern movements of this period — and yet it was done by a narrow margin of but 5 votes, and the division was not territorial; it seemed to be wholly an individual sentiment or conviction. No time was spent on No. 5, as ah were agreed two NEW CONSTITUTION AND POLITICAL POWER 155 offices should not be held by one person at one time in state and nation; and No. 6 on equal capitation tax was held in similar attitude, but it succeeded in bringing out that occa sional expression of suspicion that suggested an atmosphere of armed peace between east and west; and thus June 15th was ushered in with the question of members in each house, in Committee of the Whole. This was the vital point of the whole Convention. "It has been said," exclaimed Spaight of Greene, "that unless the Convention would agree to fix the number of 120 members for the House of Commons, 50 having been agreed to for the Senate, the West would not accept of the Constitution. A fair course," said he, "would be to give the West ascendency in the House of Commons, and the East ascendency in the Senate." He acknowledged the right of the majority to rule, but said "there were checks and balances for the security of the minority ; and when this should cease to be the case, our Government would be more odious than the despotism of Europe. In the North," said he, "they have small Senates and large Houses of Repre sentatives. In the South the number of the Senate is much larger, and possess all the legislative power of the other House." He avowed that emigration was not from North CaroHna alone, but from all eastern states, and was due to cheap land sales in the west. He said there was not only an eastern and a western interest, but a Roanoke, a Cape Fear and a Neuse interest. Great differences were ex pressed as to property controlling in the Senate, and popula tion of some sort — whether white or federal ratio — in the House. Governor Swain answered him that 120 for the House and 50 for the Senate was the compromise in view in the Act— which, by the way, became the Magna Charta of the Convention— between East and West, and he thought this Convention had a majority to carry out that compromise in good faith. This was what it was for. It continued through the next day, too, and came close to being a question of Counties vs. Districts. It was bitterly fought on both sides. Mr. Bryan, of Beaufort city, as usual clarified the subject, by admitting that the East and property was to dominate the Senate ; the real difficulty was in the House, 156 JOHN MOTLEY MOREHEAD for any number between 90 and 120, mentioned in the Act, would give the East power there ; so it was somewhat imma terial what number between was taken. He praised Judge Gaston's tabulations, and showed that the plan would give, in the House, six to eight majority for the West, in the Senate four for the East and, in joint session, four for the West — but he wanted three eastern boroughs represented. Presi dent Macon occasionally expressed himself, but as if fearful of a new Pandora box. Mr. Fisher of SaHsbury, saw fit to answer his statement that all changes in government were "from better to worse ;" after which he reminded the Con vention most ably, that the assertion, that the West was pressing for power, was false; they were pressing for a principle which would operate justly all over the state. He noted the fact that the West was homogeneous, while the east had three sections always jealous of one another. He thought it immaterial, what number between 90 and 120 was taken, so far as a majority to the west was concerned ; it would go there anyhow, and that was what they were here for! He believed the east and west division would disap pear with the new constitution. The Convention was still engaged in the subject on the 18th, and for the first time Mr. Morehead indicated his deep interest in keeping at it until it was settled. He was wisely letting the East have its say, for was he not witnessing a fulfillment of his demands and predictions of 1821? Was not the battle already won, and could not the vanquished wisely be permitted to work out the details? The Magna Charta Act and its ratification by the people in calling this Convention were the real Constitution of 1835 ; it was al ready theirs. Let the East work out the details; and no man was more influential or able in it than Judge Gaston of Newbern. He now made his first great address of the Con vention. He showed how the East- West division had arisen first over location of the capital, then the Seaboard vs. the West. This was perpetuated in a new slogan: "A new Western county, a new Eastern one." Now it must cease, in a justice to the West, for the People have bound all mem bers with an oath to do so. "Some things we must do. NEW CONSTITUTION AND POLITICAL POWER 157 Some things we may do. There are others we cannot do." He was magnificently interpretative, giving that funda mental conception of our political science, which is so rarely appreciated; and yet he showed the deeply rooted English ideas of the east on property and limited suffrage. Such studies make one realize how the new American political science, underlying the Declaration and the Constitution, had, and still has to fight its way against the antiquated sys tem of Great Britain. Even so great a man and scholar as Judge Gaston took it for granted that the Senate should rep resent property, and the ordinary man had no right to vote for it. The English term "Freeholder" was more sacred than the Jeffersonian Declaration as tO' men born free and equal. He revealed the East's great fear lest the West on coming to its own, should vote Eastern wealth for transpor tation. His analysis of the federal ratio, instead of white vote only, was most able. "Slaves are human beings," he re minded the West. As the Senate represented mixed property and person, so the House must represent mixed persons and property. A slave is both property and a member of so ciety, he said. Every Southern state had one of the federal ratio in the national House. How could they want it less for the State? The opposition to 50 to 120 was merely because it was slightly different from the old 1 to 2 ; but this was merely because taxation made 50 and popu lation made 120, if each county was to have at least one representative. In fact, the excess that 120 is over 65, is the population basis, and it is a compromise the West has accepted; the 45 members, only, represent the popu lation proportion, and it must not be reduced, so long as the Senate is 50. Those, who would make it 100, would, if Person and Robeson counties were Western, make the House stand 47 to 53 ; if neutral 47 to 51 ; if Eastern 49 to 50; but with 120 the first would be 55 east to 65 west— the second 55 to 61, and the third 59 to 61. To make it so close as 100 would make it, was not fair to the West or to the oath of this Convention. This matter was settled and no half -settlement would answer, nor would it be made. "Make it right, so that it may last." Wealth had many 158 JOHN MOTLEY MOREHEAD forms, and the West would yet rival the East in its posses sion. He analyzed the excess-member question ably, but re minded them that the Act settled the matter that they must go to counties according to respective numbers; so that he suggested county election for counties not having excess, and district for those having excess. Judge Gaston closed with a beautiful comment on North Carolina, but he made one statement that showed him not to be the man of vision that Morehead was : "The laws of Nature forbade North Carolina from attaining great commercial eminence, or rivalling in wealth some of the other States of the Confed eracy." The method he proposed was adopted and reported to the Convention — the product of two weeks' work, for the Convention confirmed it. Thus far it was plain that no man was so nearly the father of the constitution of 1835, as Judge Gaston, so far as its construction was concerned; but so far as the voices that represented the demand of the West was concerned, the fathers of it were Fisher and More- head in 1821. Nothing had been added in the past fifteen years to what they had uttered; and this Convention was constructing what was then asked for, in the main. The three weeks longer, that it was destined to sit, would have no such important question to settle, as the one just de cided ; and yet what occurred was to be a great and plainly recognized change in the spirit of the Convention. The chief bone of contention had been removed, and the state stood upon a new basis. The West had come to her own, but left the East, or minority, an organ of self-protection in the Senate, just as had been done in the national constitu tional convention. North CaroHna had again endorsed the great American doctrine of minority self-protection. The final vote on the 120, on the 19th, showed that the Conven tion stood 75 to 52 for it — a very vigorous majority; and this was no doubt due chiefly to Gaston, the "Peace-Maker," the role he, himself, avowed he wished to play. To rein force this settlement, a vote of 120 to 4 for holding to 50 for the Senate was had, and all doubt removed as to the vitality of the settlement. The biennial meeting of the Legislature was easily NEW CONSTITUTION AND POLITICAL POWER 159 settled on the 20th to the accompaniment of an interesting Jeremiad by President Macon, to whose venerable mind the course of the Convention, and especially of Judge Gaston were anathema. It was therefore most interesting to see the new order recognized promptly, on Monday the 22nd, by making Mr. Morehead chairman of Committee of the Whole. The biennial matter was again fought when it was attached to the original resolution on representation, but again confirmed by a vote of 85 to 35. Then came that sensitive subject, borough representation, on the 24th, and it was fought over for two days, but the "Peace-Maker," although followed, in wanting representation, by such men as Fisher and Morehead, lost his battle 7Z to 50^practically the same majority that settled representation in general.' Representation was now fully settled, it would seem; but it was plain that the Convention was in a mood to leave no dark corner of it uncleansed ; and action to that effect was precipitated on Friday, the 26th, in taking up Article 32, namely, the subject of religious disabilities in office-holding as most thought, of Roman Catholics and other non- Protestants. Mr. Fisher, of Rowan, was called to the chairmanship of Committee of the Whole. This Article, for sixty years, had been essentially obsolete, for Catholics held both legislative and judicial offices ; indeed the "Peace- Maker" of this very Convention was a Roman Catholic, and as some would say, "the noblest Roman of them all;" but, essentially obsolete as it was, profound sentiment surrounded it in many quarters. It was a theme for flights of oratory, and men Hke Weldon Edwards of Warren, Bryan of Beau fort city, President Macon, Shober (the Moravian) and Rayner took advantage of it, eloquently. This was the one theme on which President Macon could see the constitution changed and not be from "better to worse." To one man on this floor in the Presbyterian Church at the south west corner of capitol square, it was a personal question, ^A very interesting suggestion is made by A. B. Andrews, Esq., of Raleigh, that it was the Roanoke valley — meaning the lower Roanoke-^which punished the marine boroughs by taking away representation, for aiding the West to get a new constitution. The favor of such men as Fisher and Morehead to the boroughs gives ground for its plausibility. 160 JOHN MOTLEY MOREHEAD probably more than to any other — a man now on the highest bench in the state, the man, who, at this moment, was doing more than any other one man to construct this new consti tution, namely, its avowed "Peace-Maker," Judge William Gaston of Newbern. At the beginning of the fourth day in Committee of the Whole he began an address that must ever be considered a classic in constitutional annals. He showed that the article was inconsistent with the Bill of Rights and did not forbid Catholics from holding office, ac cording to the most careful thought of thoughtful men. The article was not understood, as it was, nor could it be; let it be made plain, whatever it was to mean, and he would abide by it. His idea was that its meaning hung on positive denial of truths of the Protestant religion. It has been held to disqualify Atheists, Deists, Jews, Catholics, Quakers, Mennonites, and Dunkards, at least. The Convention is di rected to make it plain. His historical treatment was superb. He noted how Maryland, Rhode Island, and Pennsylvania were "the only countries," before the Revolution, in which religious equality was established, and the Declaration of Independence and Union made it all but universal among the States, North Carolina alone having the sole relic in Article 32. He insisted that as a Roman Catholic he owed "no allegiance to any man or set of men on earth, save only to the State of North Carolina, and, so far as she has parted with her sovereignty, to the United States of America." His plea to the West, which stood for equal representation was most earnest, and he closed with a plea for full free dom. Many more speakers followed him on July 1st, the last one, except a word from Governor Swain, being Mr. Morehead. The Guilford delegate said he should have remained silent, except that such censure had been passed on all who would retain the article. "Because we are in favor of re taining in the Constitution something like a Test for office, we are charged with bigotry and illiberality. In every Constitution," said he, "certain qualifications are made neces sary for office. In the amendments proposed by this Convention to the Constitution, certain qualifications are NEW CONSTITUTION AND POLITICAL POWER 161 provided for the members of both Houses, and why not place some guard against inroads on the religion of our country? We, the other day, refused to a class of freemen the right of voting, because the color of their skin happened to differ from ours. Why was that done ? Not because it was just, but because it was expedient. But when we prefer keeping a guard upon our religious rights in the Constitution, we are called illiberal bigots, fanatics, etc." Mr. Morehead could not "say he was a Christian, because he made no pro fession to be such; but he was as free from bigotry and fanaticism as anyone. If no care is to be taken to preserve the sanctity of Religion in our country, why keep up the custom of administering oaths ? Why administer an oath to an Atheist ? He would not be bound by it." It had been said that there were no such beings in the country. He believed there were many such. He was therefore in favor of retaining the section in question. If any amendments were made to it, he should prefer that offered by the gentle man from Wilkes, and now under consideration. He agreed with the gentleman from Cumberland (Mr. Toomer) that it had been settled by the highest authority, that the 32nd Article did not exclude Roman Catholics from office, since the General Assembly had recently selected a distinguished gentleman of that profession to fill one of the highest offices on our Judicial Bench. He had been admitted to his seat without a single whisper of objection from any quarter, but on the contrary, with the general approbation of the whole country. Mr. Morehead added that he wished every man in North Carolina could have heard the able defence and ex planation which the gentleman from Craven (Mr. Gaston) had given to the Convention, of the Roman Catholic Re- Hgion. He wished it, because he was satisfied that it had been greatly misrepresented and misunderstood. He knew it was generally believed in the part of the country in which he was best acquainted, that the Catholics here owned allegiance to the Pope. He was glad to hear this positively contra dicted by the gentleman from Craven. He would add another remark in relation to what had fallen from the gentleman from Buncombe some days ago, in relation to the 162 JOHN :\IOTLEY MOREHEAD late Rev. Dr. David Caldwell, of his county. Mr. Morehead said there never was a truer Whig than Dr. Caldwell, nor one that had the good of his country more at heart. He mentioned several striking instances of his ardent zeal dur ing the Revolutionary struggle, in evidence of this fact. And Mr. Morehead, when it came to a vote on substituting "Christian" for "Protestant," was in the minority of 51 to 74, along with Governor Branch, General Dockery, Spaight of Greene County, Judge Seawell, Judge Toomer of Fayette ville, and others of like standing. Judge Gaston had won again. Even so, however, Judge Gaston was voting to keep Jews and Atheists out of office, and it was extremely proba ble that this would occur to some as unjust, before the Convention rose. July 2nd was a scarcely less auspicious day than the 26th of June had been, for the question was then raised as to whether the distrust of the people and distrust of the Execu tive shown in the old constitution was to stand. The annual choice of Governor by the Assembly indicated a purpose to center all control in the Assembly, so that the Governor was merely a species of executive officer dependent on the legislature. Here again the old British conceptions were in evidence, as well as repudiation of the checks-and-balance system between legislative and executive departments. Vi'^hile it did not affect power between east and west, it was part of the same political ideas, and was scarcely second in importance to the future of the commonwealth to that of proportional representation itself. The West proposed to elect the Governor in the same way they were to elect the lower House ; for they purposed having an executive in sym pathy with measures the House should secure. Not that the Governor had veto power, for he had not, but that he should, like the lower House, be the voice of population and, conse quently, the West. And the curious thing about it was that it was an eastern — extreme eastern man, Mr. Jesse Wilson of Perquimans, on the Albemarle, who proposed the resolution. And the very first speaker said he had heard no complaint against the sixty-year-old mode of choosing the Governor; and he was possibly right ; but the call for population repre- NEW CONSTITUTION AND POLITICAL POWER 163 sentation in the Assembly, which would have given the West its choice anyhow, carried with it as a corollary, Hke election of the executive; for both were merely means to an end, namely, the will of the majority of the people in development of North Carolina. The defeat of development was the motive of constitutional revision, rather than any senti mental or academic political theories of popular equality ; so great was the hold of the old British conceptions of political representation upon the people. They were far behind the new American political science expressed in the national con stitution, but not so far as Pennsylvania had been before their constitution of 1790. This latter, the work chiefly of James Wilson, chief father of the national constitution and first to present the new political science, as a science, had been formed on the new science; and all that great body of settlers in western North Carolina who came from that state after 1790 had those ideas. That they influenced the thought of the west there can be no doubt. In this particular question, however. North Carolina was no doubt somewhat influenced by her daughter, Tennessee, who had in her recent constitutional revision done the same thing. Indeed the first speaker, Mr. Daniel of HaHfax, said he had lately met a Tennessean "who said that two Candidates were travelling through the State on an electioneering campaign, at expense and trouble to themselves, and to the great annoyance of the People," and he hoped not to see such a phenomenon in North Carolina. He of course could not know that there were members present then who should soon be doing that very thing for the first time in the history of the State. He cited Pennsylvania, New York and Massachusetts as warn ings. Others followed : President Macon said that a Governor that could do no more than a North Carolina executive was of not enough importance to bother about it ; but if he had a veto power, as many have, he thought the People ought to elect him. Some feared that the only question people would ask would be: "Is he an eastern or a western man?" Judge Gaston recognized the inseparableness of this and the new House basis, and its inevitableness. He also noted the 164 JOHN MOTLEY MOREHEAD utter absence of power in the "Old North State's" execu tive; he was merely and strictly executive, with neither appointive or veto powers, and so to vote for such an office was no great privilege, that 60,000 voters should bother about: it would be different if he had power. He dreaded the election machinery. He thought it broke the compro mise between east and west, because it would compel free white voting, not the federal ratio. Judge Gaston again lost, 74 to 44, almost the usual majority ; and with him were men like Bryan, Edwards, Macon, SeaweU, Toomer and others of like standing. On July 3rd, the Senatorial districts and House election arrangements prepared by a committee were accepted, and it was decided to keep at work on the 4th, on which day, the Volunteer Militia celebrated with noisy procession past the Presbyterian Church so effectively, that, while it irritated ^Ir. Morehead, who thought it deserved a reprimand, it actually resulted in persuading the Convention to honor the day by adjournment, the day being Saturday. On the 6th, however, the future method of amendment was taken up. It was natural that the West, which had struggled so hard to get revision, should want a more easy mode of amendment, and it was even proposed that only majorities in two suc cessive Assemblys, the second elected on this basis, could secure its presentation for ratification by the people. The Convention's course in turning down Judge Gaston's position three times was beginning to raise his apprehensions, and since he was so great an instrument in securing the present revision, he wanted a conservative amendment process for the future. "In what sense," said he, "ought majorities to govern? That the deliberate will of the People ought ulti mately to prevail, no one will deny; but that the temporary will of the majority, which may be produced by the efferves cence of the moment, ought to do whatever it pleases — set up and pull down Constitution from day to day — no man can be so extravagant as to desire." In this comment, he ex pressed the permanence of American institutions — which makes ours the oldest government on earth. If the West did such a thing, he considered himself deceived. "There NEW CONSTITUTION AND POLITICAL POWER 165 are many reasons," he said, "why the claims of the West did not sooner succeed. He owed it to the East to say, that never until lately were these claims fairly before the East. Sometimes the West connected the removal of the Seat of Government with their claim for equal representa tion—and sometimes they advanced their claims in connec tion with other propositions which actually reflected on the understanding of those to whom they were addressed." He said no other state had such loose provisions. In this he won the day for two-thirds votes in the Assembly, 107 to 17. Mr. Morehead astonished the Convention by a vigorous unequivocal denunciation of requiring viva voce voting for public offices in Assembly, which came up next ; but he was disagreed with, 82 to 38. He was pleased, however, when, immediately thereafter, July 6th, Judge Gaston suggested that since the majority against giving free negroes the vote was so small, it might be reconsidered. Before the Revolu tion, he thought there was hardly a freed negro in the State, and such as there were, were mulattoes, children of white women, and thereby free. The act of 1777, providing for control of emancipation plainly noted it as a recent phenome non. A few days since he had seen the certificate of John Chavis, a colored minister, that he had taken the oath of allegiance at Mecklenburg, Va., on December 20, 1778. Legislative acts entitled freed negroes to all rights of col ored freemen, i. e., mulattoes, sons of white women. He therefore proposed an amendment, restricting, but not with drawing the vote. Mr. Holmes, of New Hanover, cited the case of San Domingo, where in 1791, slaves who became free through meritorious services, the removal, some years later, of the voting rights then conferred upon them was the chief cause of revolution. A Perquimans member said no free negro, in his region, had ever been allowed to vote. Mr. Fisher proposed a less severe amendment. Objection was made that no free negro was allowed to enter any state, except he give bond for good behavior, and Ohio forbid his entrance at all. A vote would cause confusion. The Gaston amendment was voted down, 64 to 55, and Mr. 166 JOHN MOTLEY MOREHEAD Morehead was one of the 55, results not essentially different from the first vote, but more favorable to the minority. Judge Gaston made an attempt to reopen the county- district method of voting for the lower House, but in vain ; and then Mr. Morehead brought up the impeachment article which provided that the Chief Justice should preside, as in national proceedings of like character; but they wanted no one but Senators concerned in this judicial act. Mr. More- head did secure one amendment, however, namely, one on holding state and national offices ; but he failed in another, namely, the abolition of private laws, and it was Judge Gaston's influence which defeated him. Mr. Wilson, of Perquimans, made an impassioned plea to remove the word "Christian" before "Religion" in Article 32, but in vain. The general report on form of amendments for submission was adopted, 81 to 20, on the evening of July 10th. The usual acts of courtesy were performed on the following day, when President Macon avowed he had never witnessed such good order and decorum in any body with which he had been connected, and he expected this to be "the last scene of my public life." With a closing prayer by the pastor of the Presbyterian Church, in which this great act of justice to the West had been consummated, the Constitutional Convention of 1835, for North Carolina, ceased to be. In a word what were the results : 1. Equalized represen tation ; 2. biennial sessions ; 3. Popular biennial election of executives ; 4. Attorney General's term to be limited to four years; 5. No borough representation; 6. No vote of free negroes; 7. Viva voce Assembly vote for public officers; 8. Removal of Roman Catholic disability to hold office, definitely; 9. Two-thirds Assembly votes for amendment process; 10. Mode of impeachment of officers ; 11. Removal of judges for disabihty; and 12. Restriction on private laws. The new order of representation provided one mem ber for each of 9 counties, with less than the federal ratio ; Brunswick, Columbus, Chowan, Greene, Jones, Tyrrell, Washington in the east and Macon and Haywood in the west. The remaining HI members are on a ratio of 5399, NEW CONSTITUTION AND POLITICAL POWER 167 that gave 32 counties each one member, 17 counties two each, and 7 counties three each — not allowing for fractions permitting another member. The latter counties— those given another member on fractional excess, were 24 in number: of these 15 went to the 32 with one member, while 7 went to the 17 with two members, and 2 went to the 7 with three members. These additional members, as be tween east and west, were not very equal. The two three-member counties, which thereby got four, were west ern, Lincoln and Orange. The seven two-member ones, getting three, were five western — Burke, Chatham, Iredell, Surry and Stokes — and two eastern — Granville and Hali fax ; while on the other hand almost all of the 15 given to the one-member class were eastern. Therefore only Lincoln and Orange had four members. Those having three were : Guilford, Mecklenburg, Rowan, Rutherford, Wake, Burke, Chatham, Iredell, Surry, Stokes, Granville and Halifax. Those having two were: Anson, Buncombe, Cumberland, Craven, Caswell, Davidson, Edgecombe, Randolph, Rock ingham, Wilkes, Beaufort, Bertie, Duplin, Franklin, John ston, New Hanover, Northampton, Person, Pitt, Sampson, Warren, Wayne, Montgomery, Robeson and Richmond. The rest had but one representative. As property was so largely the basis of the Senate, it was only a question of a short time when the West would be equally dominant in that body. The Convention had barely adjourned when news came of the death of Chief Justice John Marshall, whereupon North CaroHna came out boldly and vigorously for the Roman Catholic "Peace-Maker" of the Convention as his successor. It was a premature wish, however, for it was to take over a half-century before the people of the United States were able to take such an attitude. That the new con stitution was more his work than that of any other one man is self-evident. That Mr. Morehead recognized him as leader is also self-evident, and, as a rule, supported him on the great committee of which both were members. That More- head would have gone farther than Gaston is also not to be questioned, nor that he recognized that Gaston led Cape Fear 168 JOHN MOTLEY MOREHEAD and Neuse sections of the east against the Roanoke, or the commercial boroughs of the southeast against the planters of the Roanoke. A sub-conscious, if not conscious, basis for this, was undoubtedly the Newbern-Beaufort-Raleigh hope for a Beaufort-to-Tennessee railroad. The Caldwell idea of the west had become the Gaston idea of the east, the lever by which the State was to be lifted. That this was Mr. Morehead's objective, rather than any especially aca demic ideas in political science, there can be still less doubt ; for this new constitution was preeminently a means to an end, just as Judge Gaston himself was. The statesmanship of the Murpheys, the Caldwells, the Fishers, the Moreheads and other western leaders, whose eyes were on the building and development of the commonwealth, were the real cause of this new fundamental law. They were the designers; Gaston the chief builder, after their plans — plans which had been forced upon him and his eastern friends almost at the point of revolution. And it had been the whole burden of Morehead's pubhc Hfe, his heritage from his great teachers and heroes, Murphey and Caldwell. The order for the Con stitution of 1835 had been given in the West and the general design made there, but its mechanism was built chiefly by eastern hands. Its ratification was not to be voted on until November, so that the general elections at once overshadowed all else. The "Whigs of '34" were now merely fuH-fledged Whigs, and were carrying the banner of Hugh L. White of Tennes see against "Van Burenism." It was a period of the rise of the national "West" as well as the State "West;" Ar kansas and Michigan were asking to become states. The growth of the Whigs everywhere was amazing. North Carolina was divided nearly equally between the two — the idoHzer of General Jackson not long since! General Har rison's friends were becoming active ; and with this uprising came also, in the North, aggressive propaganda for the abolition of slavery. These themes were in the minds of all in November, when the new Assembly met and the vote on ratification was taken. This vote of the people was a magnificent proof of the need for revision, for the tre- Map OF North Carolina, 1835 Prepared by the author Showing vote for Constitutional Convention, 27,550 (26 cos.), and against, 21,694 (39 cos.); and ratification vote, 26,771 for, with 21,606 against, Ashe and Granville changing for, and Moore and Cumberland against NEW CONSTITUTION AND POLITICAL POWER 169 mendous number of 39 counties were against, nearly 40 against, to 26 for; and yet 26,771 were for and but 21,606 against, making 5165 majority for ratification! The only difference between this vote and that for calling the conven tion was that the latter majority was somewhat larger, 5856. In other words, the two votes for, were 27,550 and 26,771 ; the two votes against were 21,694 and 21,606; and the majorities 5856 and 5165. The chief difference was that several hundred were so sure it would win that they did not vote, while less than a hundred were won to the eastern cause. Therefore, on December 3, 1835, Governor Swain proclaimed the new constitution to be in effect from and after January 1, 1836. And what was the immediate result? The Assembly had its shortest session within memory, adjourning on De cember 22nd. Their most notable work was to amend the Wilmington and Raleigh Railroad act of 1832, changing the line to run direct from Wilmington to the Roanoke, leaving Raleigh out ; for not only Petersburgh was running trains to Weldon, below the Roanoke rapids, and, by way of the Greensville and Roanoke, from Belfield, were running to a point above the rapids now called Gaston ; but a new "train of cars" was announced for December 1st on the way from Portsmouth to its successive termini on the way to Weldon. Wilmington, therefore, proposed to make haste and take its share from the rich Roanoke. The Gaston terminus, therefore, on the Wilmington people's leaving out Raleigh, caused her to secure incorporation of the Raleigh and Gaston Railroad Company, and the Raleigh and Fayetteville Rail road Company. The Weldon Toll Bridge increased its capital to $75,000, to get ready for the big business. These were the answer to the new constitution, of the people of Wilmington and the Roanoke, for they expected the west to move for the North Carolina Central or Beaufort to Ten nessee railroad. IX John Motley Morehead AND The Rise of the Whig Party IN North Carolina 1836 Immediately on the close of the Assembly on Decem ber 22, 1835, the Anti-Van Buren or Whig members met in the House of Commons hall, at Government House, foot of Fayetteville Street, and resolved upon organization of a party ticket to be known as Whig. General Polk, of Rowan, took the lead in this as in the unofficial constitu tional convention of 1833, although Col. Andrew Joyner of Halifax, was made chairman. They nominated White of Tennessee for President and formed a Whig Central Com mittee headed by Charles L. Hinton, an address committee headed by General Polk, provided for county nominations of a Whig candidate for Governor, and for county com mittees of five each. When these were appointed the list showed almost none of the old leaders, except General Polk in Rowan, Mr. Morehead , in Guilford, General Dockery in Richmond and a few others, but its organization was complete in every county. But whether Whig organization, which was almost as vigorous in most other states as in Carolina, was more active, or railroad promotion more so, is difficult to say. On January 2, 1836, Raleigh held a meeting of all those interested in a railroad to the Roanoke terminus of the Greensville and Roanoke Railroad at Wilkins Ferry, now called Gaston. Judge Cameron, Charles Manly, George E. Badger and others led the enthusiasm and $150,000 was 170 .PoFtiaB©iat3a <& li©aiioIi.e ^-^..M !'» STIHK Public ai-e inrormeJ that Sixty I^lilcs iA iif tliis Iload are completed and rea JOHN MOTLEY MOREHEAD ginia, Kentucky and North Carolina) and six north of that line (New Hampshire, Rhode Island, New Jersey, Penn sylvania, Ohio and Indiana) met at Wibard's Hall in Wash ington. Virginia's aims were based upon an adjustment, along the lines of the Crittenden Resolution, by amendment to the national constitution, limiting slave territory, but pro tecting slave property in transit. To such Whigs as Gover nor Morehead it boded no good that Ex-President Tyler headed the Virginia delegation. Curiously enough there were two Ex-Governors Morehead in the Conference, cousins, too, one from Kentucky, Charles S., and the other from North Carolina; and the former called the conference to order. On the second day Governor J. M. Morehead was put on the Credentials Committee, and witnessed the man he had many times called a Whig traitor, elevated to the presiding officer's chair, Ex-President John Tyler. By this time Vermont, Connecticut and New York were present and Massachusetts announced as on the way, as was Ten nessee. Iowa also joined, and New York had one delegate with more on the way, and IHinois was coming. On the 7th the Conference called on President Buchanan and also appointed a committee to formulate measures. Among the delegates were such men as Salmon P. Chase, George S. Boutwell, Thomas Ewing, David Dudley Field, Reverdy Johnson, Wm. M. Meredith, Thomas Ruffin, David Wilmot, and others. Death marred the first days in the passing of temporary Chairman Wright of Ohio. Other delegates were equally well-known to their generation, but, in some cases, not so well to succeeding ones. Delegates had varied powers — some were bound by Legislatures, some merely executive appointees. The Virginia invitations had the nature of an ultimatum to the free states and the ma jority report tended to even anticipate it; but the minority report favored the Crittenden Kentucky plan of a Constitu tional Convention for amendment on these questions — let the Convention settle it. This was proposed in the face of the fact that seven states had seceded and organized a new government. On Monday, the 18th of February, 1861, the beginning of the third week, Mr. Boutwell of Massachusetts, THE PEACE CONFERENCE 377 while holding the general position that Governor Morehead of North Carolina held as to constitution and union, plainly announced the northern doctrine that, if a state attempted to secede, tbe whole force of the United States would be used to prevent it, and "we shall march our armies to the Gulf of Mexico, or you will march yours to the Great Lakes. There can be no peaceful separation." This was the turn ing point in the Conference and it was in tbis connection on the following day that Governor Morehead of North Carolina first spoke and as a peace-maker between those who did and those who did not want debate limited. "I regret extremely," said Governor Morehead (N. C), "to hear talk of sides in this Conference. I came here to act for the Union — ^the whole Union. I recognize no sides — no party. If any come bere for a different purpose I do not wish to act with them; they are wrong. I hope from my heart that we can all yet live together in peace ; but if we are to do so we must act, and act speedily.'" Chief Justice Ruffin expressed simbar sentiments with great feeling: "I was born before tbe present Constitution was adopted. May God grant that I do not outlive it. I cannot address you on tbis subject without manifesting a feeling which fibs my heart." He wanted the popular voice at once, for unless it helped North Carolina she would "be drawn into that mad career of open defiance, which is now opening so widely against tbe government." While a detailed account of this most interesting Con ference is not possible here, some illustrative expressions will show its unique place in the events of Governor More- head's life. "I regard tbe present course of New England as very unfair," said Mr. Rives of Virginia. "She is her self responsible for the existence of slavery — she is our fiercest opponent; and yet New Jersey and Pennsylvania, who have not this responsibility, have always stood by the South, and I believe they always will." "The gentleman from Massachusetts may congratulate himself that there are no negroes [slaves] in that commonwealth." "Say, ^Proceedings, p. 113. 378 JOHN MOTLEY MOREHEAD and let it be said in the Constitution, that you will not in terfere witb slavery in the District, or in the States, or in the Territories. Permit the free transit of our slaves from one State to another, and in the language of the patriarch, 'let there be peace between you and me'." The effort of Governor Wickliffe of Kentucky to with draw the resolution which precipitated this storm, was pre vented by Governor Morehead (N. C.) and made regular order for the next day. Then David Dudley Field addressed them, holding that the Fathers would not put slavery guar antees more definitely into the Constitution than they now were, nor would he. "Not to save the Union?" asked Gov ernor Morehead (N. C). "No, Sir! No!" was the reply. "Then you wbl let the Union slide?" again interjected the North Carolina leader. "No, never!" said the New York jurist. "I would let slavery slide and save the Union. Greater things than this have been done. This year has seen slavery abolished in all the Russias." He then stated the position of such Southern States as were not yet out of the Union : "If you will support our amendments, we wib try to induce the seceded States to return to the Union. We rather think we can induce them to return; but if we cannot, then we wib go witb them." He closed eloquently with Longfellow's "O Ship of State !" On the 23rd, after Mr. Logan of Illinois had said, in discussion of an Iowa proposal, "We should act as if the fate of a great nation depended on our action," Governor Morehead (N. C.) thought it time for him to speak: "I thank God I hear a voice such as I have just heard from that sec tion of the country! I have been a member of a recent Legislature of North Carolina, in which there was a majority of secessionists. I have been jeered at in that body for the opinions I have expressed, for I told those gentlemen re peatedly that if we could once get the ear of tbe North, the North would do us justice. They pointed me to the raid of John Brown — to the meeting in Boston, where the gallows of John Brown was carried with solemn ceremonies into the Cradle of Liberty. They pointed me to the man who presided over that meeting, since elevated to the high and THE PEACE CONFERENCE 379 honorable position of Governor of Massachusetts. Not withstanding all this, I have replied that the masses of the northern people would deal fairly by us. I have told these secessionists to their teeth that Lincoln was properly elected under the Constitution, and be ought to be inaugurated. Their reply was 'Kansas, and the John Brown raid !' "Now, I ask this Conference to look for oiie moment at the effect of tbe amendment which is proposed. It with draws all constitutional protection from us north of 36° 30'. Adopt it, and what has Massachusetts to do but to import ber foreigners into the country south, and take possession of it. New York will back her, and we shall be swept from tbe face of tbe earth. "If the gentleman from New York means to say that the nation can put its foot on the neck of the States and crush them into submission, let him go into Virginia and join another John Brown raid. Virginia will treat him as she did John Brown. No! the gentleman has not studied the motto of the Union. There is the E pluribus as well as the unum. If the new President proposes to come down to the South and conquer us, he will find that the whole temple shall fall. We can be crushed, perhaps, but conquered, never!" Eight states were out of the Union by this time. Presi dent Tyler was hopeful of bringing them back. Governor Morehead again spoke on the beginning of tbe fourth week, the 25th, on the property status of slaves internationally. Indeed he spoke briefly several times in moulding the pro posed constitutional amendment, as he also did on the 26tb. On the latter day, he spoke on a proposed mode of freeing fugitive slaves : "We know," said he, "from past experience what the abolitionists of the free states would do under such a provision as this in the Constitution. [He was qualify ing it by keeping the freed negroes in the state where owned.] There will be an underground railroad line along every principal route of travel. There will be depots all along these lines. Canoes will be furnished to ferry negroes over the Potomac and Ohio. John Brown & Co. will stand ready to kill the master the very moment he crosses the 380 JOHN MOTLEY MOREHEAD line in pursuit of his slave. What officer at the North wib dare to arrest the slave when John Brown pikes are stacked up in every little village ? If arrested, there will be organi zations formed to rescue him, and you may as well let the 'nigger' go free at once. You are opening up the greatest scheme of emancipation ever devised." His amendment was agreed to, 17 to 3. On the same day he opposed an amendment of Mr. Fields which practically acknowledged a right of secession under certain conditions, even though Mr. Field no doubt considered them impossible conditions. "I should regret extremely," said Governor Morehead, "to have this amendment adopted, and to have the Constitution made practically to assert a right of secession. I have denied that right always in my State, in public and in private. I am aware that on this point I differ from the general sentiment of the South, and I hold there is no right of secession, and on the part of the General Government no right of coercion. I claim that a State bas no right to secede, because that right is not found in the Constitution, and the theory of the Constitution is against it." The amendment was rejected 11 to 10. With the majority re port so nearly finished, Ex-Governor Reid of North Carobna expressed his purpose not to agree to them, whereupon Chief Justice Ruffin and Governor Morehead (N. C.) disagreed with him: "I came here," said the latter, "to try to save the Union. I have labored hard to that end. I hope and believe the report of the majority, if adopted, will save the Union. I wish to carry these propositions before the people. I believe that the people of North Carolina and of tbe Union will adopt them. Give us an opportunity to appeal to the generosity of the people of the whole Union. Certainly no Southern man can object to submitting these propositions to the popular vote." When the vote on sections was taken, seriatim. Chief Jus tice Ruffin and Governor Morehead dissented from their State's vote against Section 1. Tbe vote stood 11 States against 8 for, with Indiana declining to vote at all — ^and nearly every State having one or more dissenters. The vote was accompanied by considerable excitement, because THE PEACE CONFERENCE 381 it looked as if the whole program was to fall ; but a motion to reconsider was secured ; and on tbe 27tb it was passed by 9 to 8, with North Carolina among the latter, and New York divided because of tbe absence of Mr. Field. Thereupon the whole seven sections were successively adopted witb even better majorities. In two other cases Chief Justice Ruffin and Governor Morehead (N. C.) dissented from their State's vote; and on but sections 3 and 4 did North Caro lina's vote go to tbe affirmative. Twenty-one States were present at tbis last voting — all states north of and including North Carolina, Tennessee and Missouri, including Kan sas and Iowa, and up to Michigan and Wisconsin. Against Chief Justice Ruffin of Graham and Governor Morehead of Greensboro in North Carolina's delegation were George Davis of Wilmington, Governor Reid of Rock ingham county, and D. M. Barringer of Raleigh. On the same day. President Tyler presented tbe proposed amendment as "Article XIII" to Congress, and tbe Senate rejected it promptly by a vote of 28 to 7. It was too late. The oath of office of President Lincoln gave him no alterna tive but to preserve the Constitution of the United States at all costs, and the action of South Carolina and similar States left but one course to pursue. Political power, by the elec tion, had passed from the South to tbe North for the first time, practically. A large element — a growing element in tbe North had been and still were ignoring the Consti tution and its recognition of slave property; and the ex treme part of that element was even saying that that instru ment was "a covenant with bell." These elements elected President Lincoln, who was bound by oath to preserve that Constitution. Great elements of the South stood where Lincoln stood, but tbe extreme element saw him repre senting tbe extreme element in the North and also ignored the Constitution. Every move that bad touched slave property was a violation of the Constitution as much as secession was — a point that is liable to be overlooked. Be fore an avowed, wide-spread purpose in the North to break slavery, and witb no care to do it by constitutional methods, it was natural that an equally extreme purpose should arise 382 JOHN MOTLEY MOREHEAD and spread widely in the South to ignore the Constitution also. With two great elements. North and South, fanatical in their purpose to overturn the Constitution, it could not but result in civil war to preserve that Constitution, by those who would follow President Lincoln. By the grim humor of events, the Abolitionist element, who declared the Con stitution "a covenant with hell" and sought to break it, now were following President Lincoln in preserving that "cove nant with hell !" No wonder the Secessionists could not do otherwise than identify the President with them and act accordingly. It is true that when the Abolitionists found just what Mr. Lincoln's purpose was, namely, to preserve the Constitution, without regard to slavery, and did so for nearly three bloody years, they were inflamed against him for it, but followed him because he was marching against slave-holders. Had tbe slave-holders obeyed the Constitution he would have found his greatest protection in that same "Black Republican" President, but because be sought to break it by secession, he forced tbe President to be his enemy, so long as the Constitution was threatened. It will be seen, therefore, that Governor Morehead even yet had the same attitude, as Mr. Lincoln, except that, Lincoln, like Washington and Jackson believed that the Constitution, like any government that is a real one, had the power of self- preservation and coercion. This, however, leaves untouched the question of the con flict of moral and political movements, and the power of new wine to break old bottles. This was a realm into which Governor Morehead did not enter apparently. His was the realm of practical statesmanship; not that of the political or moral philosopher. He was a man of great vision, but it was not in this field — so there is no occasion for this narra tive to enter it. The great Whig leader arrived home at Greensboro on March 2nd, just two days before President Lincoln's in auguration. "The Peace Congress having finished their labors," said the Greensboro Patriot of Thursday, March 7, 1861, "and having adjourned. Governor Morehead reached home by the THE PEACE CONFERENCE 383 Express train on last Saturday evening. He found waiting at the Station an anxious crowd, desiring to know what bad been done, and what was tbe prospect for peace. In order to impart tbis information in the most satisfactory manner to all, Gov. Morehead repaired at once to the Court House, which was in a short time nearly filled. Having been travel ling all day, tbe Governor declined making a speech, but taking a seat on tbe bench where all could see and bear, he proceeded in a conversational way to detail briefly what bad taken place in the Peace Conference. It was composed, be said, of some of tbe most distingusbed men of tbe nation. Many of them quite old and feeble; and who had retired from public life. A committee of one from each state was appointed at the beginning of their session to prepare busi ness. Hon. Thomas Ruffin was on tbis committee from North Carobna. In this committee, the Governor said, there was much able debating. The Governor spoke in the highest terms of Mr. Ruffin [Chief Justice] ; that he exerted a great, if not a greater influence than any other member of the Conference ; that he did not see how they could have got along without Judge Ruffin. That the Conference was composed of a great many distinguished lawyers, to all of ¦whom Mr. Ruffin was known by reputation, having served so long as Chief Justice of our Supreme Court. The Gov ernor said, that when they first met, New York nor Massa chusetts were represented, and that everything went on quite harmoniously until the delegates from those States took their seats; that as soon as tbe members from New York and Massachusetts came, they commenced throwing fire-brands among them. New York bad nine delegates, five of whom seemed determined to oppose all compromise, but that the other four were disposed to bring about an adjustment. That the four Union delegates dared the other five to submit tbe matter to tbe people of New York, and they would be voted down by 100,000 majority. When tbe final voting came on, tbe vote of New York was not cast either way, as one of the no-compromise delegates, for some cause or other, was not present, which made a tie, and so tbe vote of the State was not cast. 384 JOHN MOTLEY MOREHEAD "Rhode Island, said the Governor, stood by the South from the beginning. So did New Jersey. The delegates from Ohio, headed by Thomas Ewing, were very conserva tive and did all they could to bring about an adjustment. That the vote of North Carolina was cast against the propo sitions as passed, but that Mr. Rufiin and himself voted for them. The Governor thinks that the South should be satis fied witb the plan as adopted, and that it is everything we had any reason to hope for. He did not think that the present Congress, as the time was so short, and as so much bad feeling bad been gotten up, would be able to carry the plan through. The Governor seemed quite san guine that time would bring all things right, but that if nothing could be done, that the border states, together with the border free states, would form a new Constitution for themselves, and take possession of the United States. That they would never go out of the Union, but would stay in the Union, hold to the capitol and Mount Vernon, and let the New England states slough off. He said a great deal more, but ... we wib add no more." The Commissioners made their report and were dis charged. On March 5, 1861, the next day after President Lincoln's inauguration. Governor Morehead wrote Chief Justice Ruffin as follows : "I was at Raleigh yesterday and found our friends Badger and Moore [B. F.], Ryan and others well pleased with our resolutions. They said the secessionists were trying to make dissatisfaction with the 1st Section — professing not to be able to understand it — and particularly they seemed not to understand — according to the course of the common law.' They all put the proper construction on it — but to put that quibble to rest we came to the conclusion that it would be as well for someone to write you a letter on the subject, and get your reply and publish it. 1 drop you this line, that you may have the subject under consideration, and the reply ready and if no application is made for an explanation I would respectfully suggest that you prepare such an article for publication with or without your name as you prefer. Our resolutions give general satisfaction, but I understand our colleagues repre- THE PEACE CONFERENCE 385 sent them as a rickety affair, and Brother Davis, I am in formed, made a strong speech against them at Wilmington which was rapturously received by not unwilling ears. 1 am exceedingly anxious to see the inaugural. I fear its effect very much. Chase is in tbe Cabinet, it is said, if so there is danger. Nothing certain in Raleigh when I left last evening, but it was said that Seward, Bates, Blair, Wells, Chase, Cameron and Montgomery [Blair] are tbe Cabinet. If so, the South refused seats in it I expect; and it was said the inaugural would demand the return of all property seized, the collection of duties, etc., etc. If so, I fear all hope is gone but let us keep cool and all may come right yet. P. S. — I go to Charlotte by tbe 2 o'clock train today, where I may get mobbed, but I shall risk it; and if I am, you must come up and share the Honors with me. Charlotte is a young Charleston.'" > The Papers of Thomas Ruffin, Vol. 3, p. 137. Long dashes indicate paragraphs. XIX In The Confederate Provisional Congress Richmond July, 1861 — February, 1862 While Governor Morehead was still in Washington on the last day of February, 1861, North Carolina voted on whether to call a Convention. His own county, Guilford, had gone 2771 to 113 against it; and the three delegates elected were all Union men, one being the Governor's brother. No other county approached it except Randolph, the next south of it, with 2466 to 45. Not counting Davie, the returns of which were not in, thirty-five counties were against a Convention and forty-eight for it, with a somewhat similar territory to that of the recent election, but with some changes. The matter was not settled by counties, however, but by votes, and while 48 counties voted 46,409 for a Con vention, 35 counties were able to get what they wanted, namely, no convention by 46,603 votes, some of which were from all counties. The smallest number of votes against, in any one county, was 17 in Edgecombe; while the smallest for it, in any one county, was 34 in Yadkin. This meant that, by the small margin of but 194, with Davie not counted, the State of North Carolina saw no cause to consider a danger to the Union — at that time, February 28, 1861. Those counties, however, that were overwhelmingly for action were Buncombe, Cleveland, Duplin, Edgecombe, Franklin, Gaston, Halifax, Mecklenburg, Nash, New Hanover, Wayne, Warren, Rutherford, Person, Onslow, Lincoln, Jones, Jackson, Hyde, Granville, and a few others — chiefly the Charlotte region intimately associated with South Carolina, as also the Wilmington region, with some of the Roanoke valley. During this month of March, 1861, the Guilford Grays 386 PROVISIONAL CONFEDERATE CONGRESS 387 celebrated their first anniversary and that of the eighty-fifth of the Battle of Guilford Court House, and they were joined by the Orange Guards, the Danville Grays, and tbe Rowan Rifle Guards, which was a notable affair and a significant one, for these were from "No Convention" counties. Still no one knew what a day would bring forth, and tbe seces sionist elements were even then having a convention at Goldsboro, while in almost every county either Unionists or Disunionists were holding meetings. The Union dele gates elected, in case a convention was called, were so much in the majority, that the Warrenton News thought that, if the vote bad been plainly on "Secession" or "No Secession," it would have been still more overwhelmingly for the latter. And while the Confederation was grownig, a songster in tbe Fayetteville Observer was carrolbng "Dixie" with — "I'm glad I'm not in de land ob cotton ; Old times dar, am all forgotten; Let us stay ! Let us stay in North Caroline ; In Carolina I was born, The land of Backer, Pine and Com ; Let us stay ! Let us stay in North Caroline — We'll cling to North Callina— Hooray ! Hooray! Old Rip's the land on which we'll stand. To live and die like freemen : Away! Away! we'll live and die like freemen. Away I Away ! we'll live and die like freemen. "That glorious spunk is still alive. That bore us out in seventy-five ; Let us stay ! Let us stay in North Caroline ; The Cotton boasters still may shout. Their mammy's do not know they are out. Let us stay ! Let us stay in North Caroline — We'll cling to North Callina— Hooray ! Hooray! Old Rip's the land, &c. "Our gallant sons will fight and bleed. We'll beard 'Old Abe,' we won't secede; Let us stay ! Let us stay in North Caroline. The coward flies when danger's near. But call the roll you'll find us 'here.' Let us stay I Let us stay in North Caroline— We'll cling to North Callina— Hooray ! Hooray! Old Rip's the land, &c. 388 JOHN MOTLEY MOREHEAD "We'll force Old Abram to do right. By standing firm, but not by flight. Let us stay! Let us stay in North Caroline. But when the die is cast — our fate. Our destiny is with our State. We will stay ! We will stay in North Caroline — We'll cling to North Callina^-Hooray ! Hooray! Old Rip's the land on which we'll stand. To live and die like freemen ! Hooray! Hooray! Hooray for Rip Van Winkle! Hooray! Hooray! Hooray for Rip Van Winkle!" But the Goldsboro Convention meant business and began to organize a "Southern Rights Party" with a view to another vote on a Convention. This was met by efforts to organize a "Union Party," starting in Raleigh under the chairmanship of B. F. Moore, Esq. A South Carolina paper said at this time: "Terrapin like, Virginia, Kentucky and Alissouri are beginning to poke out their heads and legs pre paratory to crawling, under the fire laid upon their backs by the Lincoln Administration. But North Carolina and Tennessee, under a stream of molten lava pouring upon them, would not even shake their tails." It thought they would better remain a barrier between North and South, whereupon the Patriot editor reminded them that their great boasting was due to the fact that the states that wouldn't "shake their tails" were protecting them! On April 18, 1861, however, the Greensboro Patriot said: "It is with deep regret and most painful anticipation of the future, that we announce to our readers that the war has com menced; that the first gun bas been fired and that Fort Sumter, instead of being evacuated, as should have been done, has been violently seized upon, and that the flag of the Confederate States, now floats above its walls. . . . Events of the most startling character, so crowd upon each other, that the mind becomes bewildered and confused, no time being afforded for reflection. But yesterday, all was quiet, peace and happiness; today, terror, excitement and confusion rules the hour. The Stars and Stripes, the Flag which we have been taught to reverence, and which we all so much love, which has commanded the respect of the PROVISIONAL CONFEDERATE CONGRESS 389 civilized world, and beneath whose ample folds, we have, for three-quarters of a century, found safety and protection, bas been dishonored, and that, too, by the hands of those, who of ab others, should have been tbe first to defend it." He then shows that tbe fact that seven states had seceded, and even formed a government, without molestation of the United States bad led them to believe that Uncle Sam would let his erring Cotton States children go, and tbe Southern boundary of the nation would be tbe south lines of North Carolina and Tennessee. He plainly expressed tbe doctrines of James Madison that, while not allowing the right of secession, except as revolution, that tbe constitution gave no power of coercion. In the same issue, however, be prints President Lincoln's call for 75,000 men "to suppress said combinations, and cause tbe laws to be duly executed," which, as it is observed, said nothing about secession, but only enforcement of laws. Tbe Patriot, however, seems unable to conceive of either side actually invading the other, as he bad been unable to conceive of the fall of Sumter; and be announced bis determination to at once begin issuing a campaign paper to be called "The Stars and Stripes!" As this paper was looked upon as one of the first two or three leading Unionist papers of tbe State and as generally ex pressing the views of Governor Morehead, though not his organ, it may be viewed as the expression of himself and bis constituency. In tbe same issue also he printed Secretary of War Cameron's telegraphic call upon Governor Ellis at Raleigh for two regiments, and the latter's very natural reply that be regarded "the levy of troops made by the Ad ministration, for the purpose of subjugating tbe States of tbe South, as in violation of the Constitution, and as a gross usurpation of power." "You can get no troops from North Carolina," he underscored, as James Madison bad given him interpretation to do. Even then the Editor of The Patriot called upon the people to be calm, for "like the mistletoe on tbe oak," "in a short time the mistletoe will be blown away," but "a million and a half of strong Union men" "in tbe north, who love the Union," "will do us justice." "Wait." Like Madison, too, he said: "Woe to 390 JOHN MOTLEY MOREHEAD the ambition that would meditate the destruction of either" [Constitution or Union]. On April 25tb, however, he was ready to say: "We would rnerely suggest the idea, that instead of calling a Convention would it not be as well, for the Legislature, just simply to declare the State of North Carolina in a state of revolution; and then provide all the necessary measures for carrying on the war, vigorously co operating with our Southern brethren in resisting every at tempt of the tyrant Lincoln to subdue the South." He went still further, and outlined reconstruction after victory, namely, that one condition of the treaty should be that "North Carolina is a free and independent sovereign State" and then determine whether she wishes to reconstruct the Union or join the Confederacy. On April 17tb Virginia, in secret action, seceded, and on the same day. Governor Ellis of North Carolina, drew his call for a special meeting of the Assembly for May 1, 1861 ; but Virginia did not announce her action until April 24th and Ellis' proclamation was published in the Patriot of April 25th. He also called upon the militia and among those that responded were the Guilford Grays and Minute Men under Captain W. S. Hill. The arsenal at Fayette ville was captured by a thousand volunteers. "On Tuesday" [23d April] said the Patriot, "our streets were filled with an excited crowd. They were addressed by Mr. J. W. Thomas of Davidson, Governor Morehead, Hon. R. C. Pur- year, Hon. J. A. Gilmer, Ralph Gorrell, Esq., Samuel P. Hill, J. R. McLean, R. P. Dick, Thomas Settle and perhaps others. The speeches of these gentlemen all breathed the true spirit of resistance to tyrants, and that the time had come for North Carolina to make common cause witb her brethren of the South in driving back the Abolition horde. North Carolina may rest assured that the people of Guilford are ab right." The Guilford Grays, under Capt. John Sloan, were at Fort Macon on duty. Two other companies were organizing; and the Patriot announced its abandonment of its campaign paper — The Stars and Stripes. A company of Home Guards, also, under Capt. Jos. A. Houston, was organized and the ladies were forming organizations to pro- PROVISIONAL CONFEDERATE CONGRESS 391 vide supplies and hospital appurtenances. And while such preparations were making, Edgeworth Seminary announce ments were appearing as usual, telling of twenty years of successful work and a growth to a faculty of seven gentle men and four ladies. It is a curious fact that when tbe Guilford Grays started for Goldsboro on tbe first call, both Senator Gilmer and Judge Dick — Whig and Democrat — and Richard Sterling, as well, said to them substantially: "Go! Defend your State ! Carry witb you tbe Stars and Stripes, and fight under that banner! Repel any armed force that puts foot on North Carolina soil — ^whether it come from South Carolina, Virginia or Yankeedom !" And they went with three days' rations, expecting soon to return.' The special session of the Assembly gathered at Raleigh on May 1, 1861, as called, and at once ordered another vote on Convention for May 17tb, and as there was no doubt as to need for it, it was to meet on the 20tb. The Gov ernor was directed to immediately prepare 20,000 volunteers for a year, and 10,000 State troops for the war, with a $5,000,000 defense fund. In all this Ex-Governor More- head was as active a leader on committees, military and others, as he had been on internal improvement, railways, education or anything else. The Assembly was completely unified for defense and, as tbe choice of fighting Abolitionists or Slaveholders, one or the other, was forced upon them they were already a unit as to which must be done. On the 8th, Governor Morehead secured passage of a bill for cre ation of a Military Board of three to advise with the Executive. Great dispatch was the order of tbe day and the session adjourned on May 13, 1861, to June 25th. The Convention met at Raleigh on the 20tb of May and on the 21st the members signed tbe Ordinance of Se cession and two days later ratified the "Constitution of tbe Confederate States of America." Governor Morehead being a member of the State Senate was not a member of the Con vention. On tbe 27th of May, 1861, President Davis Pro claimed North Carolina a part of tbe Confederacy. Chief 1 A. M. Scales in Greensboro Daily News, 20th Sept, 1908. 392 JOHN MOTLEY MOREHEAD Justice Ruffin was probably tbe ablest leader of this Con vention and before it adjourned on the 28tb be aided in elect ing among the eight district delegates to the Confederate Congress, his companion in Peace Conference activities at Washington, State Senator John Motley Morehead, who at once resigned his state post, and prepared to go to the Confederate capital. The "Provisional Congress of Tbe Confederate States of America," as it was called technically, held its first session at its temporary capital, Montgomery, Alabama, from Feb ruary 4 to March 16, 1861. The second session, due to the Fort Sumter developments, was called to meet there also on April 29tb and did not adjourn until May 21, 1861 ; so that it was in recess, on the 27th, that President Davis proclaimed North Carolina's entry into the Confederacy, and Governor Morehead was elected to this body. Mean while, during June, the preparations for a clash of arms about the national capital, led to the third session of the Confederate Congress being called to meet at Richmond on July 20, 1861, and the Virginia capital becoming the Confederate capital. Therefore, when, on July 20th, the delegates assembled in the state capital, just the day before the battle of Bull Run, the first business was the presentation of the Virginia and North Carolina delegates, the latter of whom were an nounced by Mr. Toombs of Georgia and among them being Governor John Motley Morehead of Greensboro. The message of President Davis, to which Congressman More- head listened, drew emphatic attention to President Lincoln's position that the states bad no other power "than that re served to them in the Union by the Constitution, no one of them having ever been a State outside of the Union.'"' This was on Saturday. The following day President Davis wit nessed the defeat of the national forces at Bull Run and announced the results to the Congress at Richmond. Chief Justice Ruffin did not arrive until the 25th and it was the 26th before any record of Governor Morehead is had, ^ This of course excepted Texas, which was a "State," or, more properly, a "nation" wholly independent of all other bodies. ' W4 Coni-'ederate Capitol, Richmond From a five-dollar bill of 1864 provisional confederate CONGRESS 393 namely, a nay vote in opposition to secret sessions, in which the majority of his delegates joined him, but without success. On August 2nd a similar phenomena occurred in connection witb features of a general embargo act, but witb success attending his nay. Likewise on August 7tb, on a vote to adjourn on the 19th to meet in November, be voted nay, in a minority of his own state, but in vain ; but on another vote on adjournment on August 8th, be and Mr. Ruffin voted nay, in minority of their own state, but were successful in preventing adjournment.' The Congress bad been organized by tbe aggressive leaders of tbe secession before tbe Virginia and North Caro lina members bad appeared, so that up to this date there is no evidence of their membership of committees. On this very day, August 8, 1861, Governor Morehead wrote Chief Justice RuflSn from Richmond: ' "I have bad two short conversations witb the President on tbe subject of seeing our troops (for it seems difficult to get a good sitting witb the President so as to have a consultation with him). If I understood him correctly, be is now willing to receive volunteers for any period of time, provided we will arm and equip them — as he says they find great difficulty to do it as fast as they tender their services. . . . "Since tbe great fight and victory at Manassas I think the Government bas come to the conclusion, that it is not indis pensable to victory, that the troops sbould be regulars — on the contrary it may sometimes turn out that it is better they are not and tbis perhaps happened at Manassas. For the opinion prevails witb many, and even tbe enemy seemed so to have concluded from the dispatches in the earlier part of the day, that we, once or twice, bad fairly lost the battle, according to the usual rules of regular fighting — but our green volunteer troops were not up to their regular rules and when regulars might have concluded that they were fairly whipped and therefore ought to yield the day — the volun teers knew nothing about it — and only concluded when hard pressed and driven back that it was only marching and 1 Thomas Ruffin of Goldsboro is here referred to, a distant relation of the Chief Justice it is said. 394 JOHN MOTLEY MOREHEAD counter marching — and constituted nothing more than the regular emergencies of a battle field, and as they had gone in for whipping the enemy — it had to be done. And it was gloriously done, by every man making himself a hero and fighting with a valor never surpassed anywhere. Every hero fought as if the Salvation of tbe Republic depended upon the vigor of his own right arm, and he determined to know nothing but victory or death." After describing the confusion on the battlefield, "without waiting to charge or fire by platoons, companies or regiments," "each one pitched into his man hand to hand" and the enemy concluded they were fighting "Devils not men" hence tbe "unprecedented panic." "Regulars could do no more." "The war spirit possesses the whole land, and Congress [Confederate, of course], in secret session all the time it transacts business, will respond to the public sentiment — this is perhaps as much as I ought to say at this time." He says regiments are flocking in the direction of Alexandria and Arlington, inti mating an attack on Washington with artillery that will "satisfy all Black Republicans that they have no business south of Mason and Dixon's line, in other words — Yankee- ism will not flourish in the land of 'Dixie'." "I regret ex ceedingly you are not with us in this Congress." Much time during August was given to financial ques tions and on August 10th, Governor Morehead was made the North Carolina representative on tbe Committee "To Secure The Financial And Commercial Independence of The Confederate States." On the surface of affairs he apparently took but little initiative either in preparing bills or in any recorded discussons, although he supported President Davis in bis railroad proposition to which attention may presently be turned. He was absent during tbe last days of the session, which closed on August Slst. President Davis recalled them on September 3rd, how ever, because of an oversight by which an appointment bill had not reached him for signature. There were few in attendance and they did what was necessary and adjourned the same day. Governor Morehead was not present. They adjourned to November 18, 1861. PROVISIONAL CONFEDERATE CONGRESS 395 The November session brought a recommendation from President Davis of personal interest to Governor Morehead, although he was not there on the 19th to hear it — did not arrive, indeed, untb the 20th, so far as the record indicates. This was President Davis' calling attention to tbe fact that the Confederacy had but two through transportation lines north and south, one along the seaboard and one in western Virginia to New Orleans ; but that a third was needed and "might be secured by completing a link of about forty miles between Danville, in Virginia, and Greensborough in North Carolina. The construction of this comparatively short line would give us a through route from north to south in tbe interior of tbe Confederate States, and give us access to a population and to military resources from which we are now in great measure debarred. We should increase greatly the safety and capacity of our means for transporting men and military supplies. If the construction of this road should, in tbe judgment of Congress, as it is in mine, be in dispensable for tbe most successful prosecution of the war, the action of the government will not be restrained by tbe constitutional objection which would attach to a work for commercial purposes, and attention is invited to the practi cability of securing its early completion by giving the needful aid to tbe company organized for its construction." Tbis message was read on Tuesday, and on the following Saturday, the 23rd, Governor Morehead, who was still in Greensboro, and was to leave for Richmond the next day, wrote Judge Ruffin that he had received an offer from a well-known South Carolina legislator that if he or any other reliable man would take hold of tbe Danville link that the Sea Island planters would furnish the slaves to do the grading in quick time and glad to do it because of tbe safety of the slaves and would make a very low figure. The Governor writes, however, of these facts, namely: Three Charters cover tbe Danville project — the Coal Fields line from tbe Virginia line to some six or eight miles below Leaksville, the Brodnax charter from Leaksville to Ger manton, and tbe Greensboro-Leaksvibe charter. "Tbis is not right," says Governor Morehead's letter. "It sbould be 396 JOHN MOTLEY MOREHEAD one corporation throughout or at least there should be but one change and that should be at Danville or Leaksville — it will be the same if the Danville road is extended to Leaks ville (ignoring the intermediate charter) or the Greensboro and Leaksville road is extended to Danville. Now had we not better have our charter so modified as to effect this object. The Convention of both States are in session and can give the necessary charter." He then argues the question of route. Referring to the large stream of travel between north and south, he thought "that day is gone — I confidently believe never to return." So he now considers it solely from a military view, suggest ing the Leaksvilile route because of the coal and iron on Deep and Dan rivers. He confidently assumes the permanence of "Our Southern Republic." He also considers that a road from Leaksville and Greensboro to Lynchburg, Va., is a military necessity. Judge Ruffin replies witb sugges tions, which he takes up in a letter of December 4, 1861, from Richmond.' President Lincoln's suggestion of a mili tary railroad through Cumberland Gap be thinks has western North Carobna in view. Again he suggests a line through Leaksville, but thinks it ought to run as direct from Greens boro to Danville as military necessity will allow. An arm may go to the coal and iron fields, which might be a part of the Virginia-Tennessee line. Judge Ruffin made an ef fort, but it was finally put up to the Confederate Congress which passed it on February 8, 1862, leaving it optioiial with the President whether to connect with the North Caro lina Central or not. It was now desired that tbe North Carolina Convention pass a bill, which it did do by the 10th. The optional feature is the only outward evidence of the old "connection" fight which was carried up by both sides to the Confederate Congress, but, as the result indi- ^ In this letter he answers Judge Ruffin's desire that he come on to Raleigh and aid by saying: "I should be willing to lend my aid to make the connection between the N. C and Danville roads, but I do not think my presence in Raleigh would lend any aid to effect the object My efforts to «Sect that object have been so often thwarted by the Eastern Roads and the N. C. Road itself, that my presence would arouse the old hostility notwithstanding the pressing urgency of the measure; which I think is greatly increased by reading the message of Lincoln — recommending a Military Road for Kentucky through Cumberland Gap. He evidently has his eye on Western N. C." — Ruffin Papers, Hamilton, Vol. Ill, p. 200. PROVISIONAL CONFEDERATE CONGRESS 397 cates, tbe "link" was bound to come and did come thus as a military measure. President Davis had again urged it on December 17th, and a considerable fight bad been made over it on January 30, 1862, and was continued again on February 6tb, and on tlie 7tb was passed 9 to 3 (states), only Alabama, Florida and Georgia voting against it, and North Carolina being divided. It therefore took the vote of the Southern Confederacy to decide Governor Morehead's great question of the Greensboro-Danville link, on which North Carolina was so bitterly divided, and President Davis was authorized to build it as a military measure. It was not done, however, without a systematic protest, beaded by Mr. Toombs of Georgia, on Constitutional grounds; but on February 10, 1862, President Davis announced that he had signed the bill and that closed tbe matter so far as the Con federate Congress was concerned. So was it to be as far as North Carolina was concerned, for she passed a like bbl on the same day ! Governor Morehead wrote, on tbe day President Davis signed the bill to Judge Ruffin whose letter he had just received containing "tbe joyous intelligence of the passage of the Railroad Charter." "On the same day," writes the Governor in reply, "we passed the bill for the same purpose appropriating $1,000,000 to be expended in such a way as the President may direct, which is now a law, so the Greensboro and Danville connection is now a fixed fact and I congratulate you on it; for when finished it will take you across to go to Dan and see how the crop is growing, and if needs be — go home the same way. Don't you think I may congratulate myself, too ? "Motion to re-consider was disposed of today, and the law was approved by tbe President, and the thing is safe. I will see the President in a day or two and get bis views as to the manner in which the Confederate State may be connected with the enterprise. "Our city is in gloom — the defeat at Roanoke Island is a calamity ; the Albemarle and Roanoke are exposed, and I 398 JOHN MOTLEY MOREHEAD should not be surprised any day to hear tbe enemy have Weldon. "They have the Tennessee River open to Florence [Muscle Shoals] — can take possession of the Railroads lead ing to Memphis, and can pour by steamers any amount of men into Florence, nearly the heart of Alabama, take pos session of all roads to Mobile and New Orleans, and cut off Memphis ; reach the Mississippi below there and go toward New Orleans, leaving the defenses above at Columbus, etc., useless. I do not like the indications — and our nation was as one — and, too, the field — we are in danger. Stirring times may be expected before tbe Inauguration." A week later tbe Provisional Confederate Congress ceased to exist, on the 17tb, when it adjourned ; and on the 18th the new regular government witb Senate and House was inaugurated at Richmond — and Governor Morehead was in neither body. His influence had secured the Con federacy the third and best trunk line, the last link in what would hav.e been a great Piedmont line from Maine to the mouth of the Mississippi ; and it was to prove the last piece of railroad to aid President Davis and tbe Confederate executive in escaping from tbe fall of Richmond. XX The Closing Years OF "The Father of Modern North Carolina" 1862-1866 When Governor, or Congressman, Morehead reached Greensboro from Richmond late in February, 1862, he had finished bis public career, although be was no doubt not yet aware of it, and was in his sixty-sixth year. His eldest daughter, as has been noted, was married ; his second daugh ter was the wife of Waightstbl W. Avery; bis third was Mrs. Col. Peter G. Evans of the 63rd North Carolina, whose husband's death was to occur within almost a year ; his first son. Col. John Lindsay Morehead was on the staff of the War-Governor Vance ; bis fourth daughter, since 1858, had been Mrs. Julius A. Gray, whose husband was a Greensboro banker, later to be a railroad president like bis father-in- law; Governor Morehead's second son. Col. James Turner Morehead was Adjutant with Col. Evans' 63rd Cavalry, destined to be desperately wounded at tbe same time his brother-in-law, bead of his regiment, was killed; while the Governor's youngest son and child, Eugene Lindsay Morehead, was then nearly ready to enter tbe University — destined to serve as a Lieutenant, later in tbe war, in de fending tbe ocean front of the state at Wilmington and Fort Fisher.' ^ It should be noted that most of Governor Morehead's sons and also sons- in-law devoted themselves to development of the lines in which he had been interested. For example (not to mention more, and referring the reader to The Morehead Family of North Carolina and Virginia by Major John Motley Morehead of New York), his son. Major James Turner Morehead, was a leader in the political reconstruction of the state in the early '70s; de veloped manufacturing so much at Spray, as to raise it from a 300 village to above 6000; was the first non-professional leader in geological survey of the 399 400 JOHN MOTLEY MOREHEAD The Governor's great project, Morehead City, and his railroad up to Newbern, were in the hands of the enemy, who, in the west, were carrying out the program he pre dicted. By April, 1862, the Confederate Congress were restive at the probable loss of western Virginia-Tennessee rail outlet to the South and the threatening moves against the coast line, and asked President Davis what was the status of the Danville "link," or, as it was now called, the Piedmont Railroad, the titie given it in its North Carolina Convention charter. They became still more anxious in September, when the great McCleban failure in Virginia began to encourage plans to invade Pennsylvania and her coal and iron fields. By November 10, 1862, the Secretary of War was able to announce to the Governor of North Carolina that the Greensboro-Danvibe link was in progress with 800 hands, and the suggested impressment measures of both whites and negroes and mules and wagons in both states. Labor and iron rails were the great difficulty, but Governor Vance impressed the former and as Charlotte had two railroads that had not yet reached their terminii, the one to Statesvble was stripped of its rails so that it was not completed until May, 1864.' This work was urged on by the Federal raids from Newbern on the Wilmington & Weldon line on 16th December, 1862, and in July, 1863 ; although the road was re-secured and repaired. It was all the more needed in the first half of 1863 in the supplies for the great campaign into Pennsylvania that was broken at Gettysburg; and was still more needed in the gradual retreat to and beyond Richmond that was to close the conflict. It was about five days after the defeat at Gettysburg and the fall of Vicksburg, both on July 4, 1863, that Gover- state, especially in mineralogy; was a leader in creating the Midland Railroad, purchasing the old Western and attempting the Cape Fear and Yadkin Valley Railroad, suffering with others the losses caused by the panic; won world-wide recognition as a practical scientist by his laboratory discovering commercial carbide and showing the power of the electric arc in smelting rrfractory ores. At his plant acetylene gas was discovered by his son; and it produced most of the chromium of the world, witli the result that New York became his headquarters for the rest of his life. Hickory timber was marketed through his spoke and handle factory, and he had a boat line from Madison and Leaks ville to Danville to handle his products. 'The July 7, 1864, report of the Raleigh & Gaston Railroad says that it had lost half its ordinary receipts since the Danville link was completed. "FATHER OF MODERN NORTH CAROLINA" 401 nor Morehead, sixty-seven years old on that same day, wrote bis friend Judge Ruffin: "I have just returned from tbe discbarge of a melancholy but pious duty, the depositing of the body of my venerable, beloved mother beside the body of my honored father in the spot selected thirty-one years ago by herself as her final resting place. When last I saw ber some two weeks since, at Major Hobson's in Davie [county] she charged me to see that she was buried by father's side. She expired on Monday morning as calmly as an infant sleeps, in her 92nd year. The lamp of life be came extinguished for the want of material to support it." Just what bad happened in eastern North Carolina by this time ? In the summer of August, 1861, General Butler's naval forces took tbe forts at Hatteras Inlet; and early in 1862 General Burnside's naval force, witb his aid, captured Roanoke Island. This opened up the way to attack New bern, then the second largest town in the state, and it fell on March 14, 1862; while they occupied Morehead City, Beaufort, Carolina and Newport, using Newbern as a base. On April 25tb, the Federal gun-boats shelled Fort Macon, guarding the Morehead City inlet, into surrender. By this time North Carolina had put about 41,000 equipped men into the Confederate_ army, and on a new call, twenty- eight more regiments were formed. Then came the head ship of General Lee and bis driving back of McClellan's armies, and the state gave 15,000 more men. This was late in June, 1862. In those awful battles, as Dr. D. H. Hill says : "every fifth Confederate flag floated over North Caro lina bayonets; and every fifth man who dropped a gun in death was grieved for in a North Carolina home. Nearly every fourth wounded man who was borne off in a litter or who limped to the wretched hospitals in the rear wore a North Carolina uniform." Fort Fisher, below Wilmington, at tbis time, was aiding the very successful blockade run ning at tbis port. Meanwhile General Lee had sent forces to threaten Washington again to counteract attacks on Rich mond, and late in August, 1862, the second battle of Manassas let Lee's forces into Maryland, and the great aggressive campaign into Pennsylvania was begun that, as 402 JOHN MOTLEY MOREHEAD has been said, ended on July 4, 1863.' Tbe Federals and Confederates in eastern North Carolina during this time had contested for the line of the Wilmington & Weldon road, without much change. ' But early in 1864 fierce fight ing was renewed under new leaders, especially about Ply mouth near tbe mouth of tbe Roanoke to get control of the Roanoke river, on which was being built an iron-clad, the Albemarle, and Plymouth was captured, the Federals giving up Washington, at the bead of Pamlico. General Grant's new leadership in Virginia, however, called off tbe Confed erate forces in east North Carolina to "bottle up Butler" between the James and Appomattox. In Grant's great con centration upon Richmond and the campaign of Sherman to the sea. General Butler was to prepare the way in Decem ber, 1864, by reducing Fort Fisher, as it was proposed to bring Sherman up from the South through eastern North Carolina in the rear of Lee. Just before tbis demonstration, tbe following illuminating picture of the sorrows of war was written to the Confederate commander in eastern North Carolina: "As I am not posted about the state of affairs about Wilmington," writes Governor Morehead to General Bragg on November 22, 1864, from Greensboro, "I hope I may be excused, if tbis letter shall be deemed inopportune upon its arrival. "My wounded son. Turner, the Provost Marshal of this place, is to be married on 6th December. He is only a few years older than my youngest child, Eugene L. Morehead, now a private in Capt. Barron's [ ?] Heavy Artillery on Bald Head Island. "He bas been absent since March. His mother is very feeble, but insists she must see him — ^and will go to Wil- 1 During the latter part of 1863 the Confederate currency question was the most discussed subject in the Southern press. Governor Morehead took part in it advocating the sharp restriction of the amount in circulation. Spme edi tors ridiculed it, whereupon the Greensboro Patriot attacked that editor say ing: "Governor Morehead, as an able and far-seeing statesman, is too well known by the people to require any words from us." It is known that_ there were people who wanted him to dispose of his Confederate bonds while it was possible to realize on them but he refused, saying it would at once affect the credit of the bonds; and he never did. He took his medicine with the rest in manly fashion. "FATHER OF MODERN NORTH CAROLINA" 403 mington for that purpose if it becomes necesssary. Tbe loss of two sons-in-law in tbis war, one son shot through the bead and an invalid for life, three nephews at home on crutches, besides some half-dozen, who have fallen in the service, are stubborn facts well calculated to impress her mind witb tbe fear, that she may never see her youngest again. "She requests me to say, that if you think there is any probability of an attack, shortly, she does not wish ber son to be absent from bis post; but if such an attack is not apprehended, we shall be greatly obliged, that a furlough be granted to him to attend the marriage, if it be for only a few days — postponing a more extended furlough to a more convenient season. "Should you grant him tbis favor, we shall be much obliged, if you will give tbe proper order that he may arrive by 3rd Dec. at least, as tbe wedding is some fifty miles distant. I make no other application except tbis, to any one. "I would respectfully suggest that confusion is becoming worse confounded, by the unfortunate mode of doing busi ness, between tbe railroad lines, by three trans-shipments. I do not know that I can impress it on your mind more forcibly than by statement of facts, which I witnessed on last Sunday morning on my arrival from Goldsboro — through a night of heavy rains. "Above, below and around the depot there were hundreds, if not thousands of sacks of salt, lying on the ground, some piled up — others lying promiscuously around as they were tumbled out of tbe cars — tbe ditches filled witb them, and the rain-water poured up against these piles of salt. There were various instances of this and all without any cover. Other property was equally exposed. "Through freight to and from Danville will be worth millions to tbe company. "With high regard "Yr. obt. Svt. "J. M. Morehead. 404 JOHN MOTLEY MOREHEAD "P. S. "Your letter was duly rec'd and Mrs. M. requests me to thank you sincerely for your kind invitation to her to visit Wilmington, but her health forbids the risk of the journey, which she hopes sometime to make. "Lest it might be infer'd that Government agents were negligent, it is proper to say the salt and other property referred to above did not belong to tbe Conf'dt. Govt. "J. M. M.'" Whether his request was granted is not known, but on January 12th, next, 1865, Commodore Porter reduced Fort Fisher. Thereupon, in March, the Johnston forces, falling back before Sherman's army coming up from the South, had a battle at Southwest Creek. Then they fell back to Ben- tonville, Johnston county, between Goldsboro and Raleigh, and on the 19th had a battle, after which Johnston retired towards Raleigh on the 21st. Meanwhile tbe great closing battles about Richmond were being fought and on April 10, 1865, General Johnston heard of Lee's surrender and on the 26th, at the house of a Mr. Bennett, near Durham, Generals Sherman and Johnston agreed on terms of sur render. Meanwhile the Richmond and Danvibe road was the means of escape by the Confederate Government. Greens boro in 1865 is pictured rather happily — or unhappily, if the conditions are what one has in mind rather than tbe quality of the pictures, one of which is by Mrs. (Letitia H.) William R. Walker, daughter of Governor Morehead : "Gen eral Beauregard and staff came to Greensboro in March, spending several days at Blandwood, Governor Morehead's mansion, speeding on tbe last of our Confederate troops to join Lee. Suspense was ended on April 9, 1865, when Lee surrendered to Grant at Appomattox. Before leaving Richmond, tbe officials had tbe wounded and sick sent on to Greensboro, where every available room was filled, and bad been full all winter with the sick and dying. The women, to their honor, be it said, ministered to them daily ^ Braxton Bragg Papers. N. C. Hist Comm. "FATHER OF MODERN NORTH CAROLINA" 405 witb loving care and sympathy. The Confederate Navy and the army stores at Richmond were also sent, by the Manassas Gap Railroad, to Greensboro, under the care of Commander Lee, a brother of General Lee. These stores he kindly distributed to tbe sick and returning soldiers until tbe surrender of Johnston, when he turned over the lot to the soldiers and citizens to prevent their capture by tbe federal troops. "Commander Lee was a charming genial old man, whose patient endurance of army rations enlisted the sympathy of my mother, who begged bis company every day, for dinner, while he was in the city 'to enjoy lettuce and onions.' The earth seemed to yield her grateful increase of turnip greens, lettuce and onions. These, with hot cornbread, seemed to be all tbe starving and uncomplaining soldiers wanted. "President and Mrs. Davis remained over one night in Greensboro in their car, declining the invitation from my father, 'lest the Federal troops should burn the bouse that sheltered him for one night." Memminger and his wife remained over several days witb us for a rest, bringing witb them Alexander Stephens of Georgia, so pale and care-worn, but tbe price was on bis head, and we tearfully bade him God-speed. Never can I forget tbe farewell scene when tbe brave and grand Joseph E. Johnston called to say farewell, witb the tears running down his brave cheeks. Not a word was spoken, but silent prayers went up for his preservation. The Salisbury road was filled witb the retreating troops — wretched, half-clad, starving and very many shoeless. Eyes wept until the fountain of tears was exhausted. "But one fine morning, amid tbe sounding of bugles and trumpets and bands of music, tbe Federals entered Greens boro fully thirty thousand strong, to occcupy tbe town for some weeks. Gen. Cox was in command. He, Burnside, Schofield and Kilpatrick, witb their staffs, sent word to the 1 This sufficiently answers Secretary of the Confederate Treasury Stephen B. Mallory, who intimates otherwise in his article in McClure s Magasme, Vol. XVI, p. 107. 406 JOHN MOTLEY MOREHEAD Mayor that they would occupy the largest house in town that night, and until their quarters were established. In charge of Major Howlett, they came to Blandwood, which already sheltered three families and several sick soldiers. My father met them courteously and received them as guests, a fact which General Cox appreciated, and after placing bis tent in the rear of Judge Dick's house, he rode up every afternoon to consult with Hon. J. A. Gilmer and my father on the conditions of the country. He was a most courteous and elegant man, and, in delicate ways, displayed his sym pathy with us; no triumph of the conqueror in tone of voice and manner; spoke tenderly of the misfortunes of war, and in spite of ourselves, won our heart's confidence. "Very soon a note was received from the General an nouncing the arrival of Mrs. Cox and the hope was ex pressed that 'Mrs. Gilmer and Mrs. Walker would do him the honor to call upon his wife.' Our superior officers ordered a compliance with his wishes, but what to wear was the perplexing question. An old silk, dating back five years in style, came from the recesses of my trunk, the 'skyscraper' was the head gear, shoes and gloves that had run the blockade and been purchased at enormous figures. Thus equipped we called upon the lady from Cincinnati! She received us in Mrs. Dick's parlor, in a yellow morning wrapper, was simple in manner, dignified, bordering on stiffness, in contrast with the genial manners of her husband. As you may imagine, the discourse was on very general topics — the skies, the climate, etc., of North Carolina — never an allusion to tbe events of the last four years ! "A grand review of all the troops was to be held on the next Saturday, and a pavilion was built in tbe center of the town — the upper story to be occupied by the Federal ladies. By 9 o'clock a four-horse ambulance witb out-riders was sent with a note from General Cox again 'begging the honor of Mrs. Gilmer's and Mrs. Walker's company with Mrs. Cox to witness the review.' "Mrs. Gilmer flatly told her husband that she refused to add one more spectator to the pageant, for it was an ene my's bullet, which had maimed her only son for life. Vio- "FATHER OF MODERN NORTH CAROLINA" 407 lent, decisive words and very ugly ones, too, were spoken by tbe other lady, but a peremptory order was given and witb bitter tears, accompanied by one of our soldiers, she went to the pavilion, to be received so graciously by Mrs. Cox. Sullen, speechless and vindictive, no eulogy was paid the magnificent pageant, the gorgeous display of thousands of new uniforms, glittering sabers and bayonets, and all flushed with victory and marching to the music of splendid bands. "These troops remained several weeks encamped on the hills around the town, and at sunset each evening, tbe prac ticing of the various bands of music would again open tbe floodgates of tears. But, witb the morning sun, the ava ricious desire for their 'greenbacks' seized tbe ladies of the town; pies, chicken and fruit, beaten biscuit, ice-cream and cake poured into tbe camps. One company sent me a message that 'the ice-cream was not rich enough — needed more eggs.' A few drops of tumeric (often used for yellow pickle) covered the difficulty and gave satisfaction. "The reorganization of our domestic life in homes and farms came up for consideration. Wages were paid to negroes before tbe troops left tbe town, and their behavior was respectful and creditable. Tbe philanthropic North sent out agents to purchase lands for homes, churches and school-houses; thus Warnervibe sprang into existence. White women came as teachers, and a lonely life they led witb their only friends. As tbe farms were well advanced with the growing crops tbe negroes remained and received wages and gave no trouble. Sorgum was introduced during tJie war, while coffee, so-called, of parched rye and sweet potatoes, refreshed tbe inner man. "It was a sweet and heroic service during tbe war to wear home-spun cloth, leather shoes and home-knit stock ings, but when all was over and patriotism no longer de manded tbis sacrifice of self and comfort, behold we had no money witb which tbe ward-robe was to be replenished, no laws to protect person or property. Egyptian darkness covered tbe land for months until tbe manhood of tbe South 408 JOHN MOTLEY MOREHEAD asserted itself and adjusted the disjointed condition of affairs. . . ." "This account of the feelings and actions of tbe people of Greensboro and the troubles they went through shows that it is no wonder they shrink from the unexpected, limelight flash of publicity turned upon them by these innocent Cupids, which, singularly enough, were drawn by Kenyon Cox, a son of General Cox, who occupied Greensboro witb Federal troops.'" "But it was on March 19, 1865," wrote Mrs. (Rev.) J. Henry Smith of Greensboro, some years ago, "the date of the battle of Bentonville, N. C, that the war in its stern and startling reality came to our very doors. It was one of the fiercest of the war and the last great battle of the Con federacy, in which Johnston defeated Sherman's forces and sent them retreating through the streets of Goldsboro, while he attempted to join Lee in Virginia. "On that memorable night, without warning or prepa ration, the wounded were brought to Greensboro in such numbers as to fib tbe churches, court house and every available space in the town." Then she describes the women's work with the sick and dying and how, like a thunder-bolt out of a clear sky, came tbe news of Lee's sur render. "The Confederate soldiers," said she, "were ab transferred to Edgeworth Seminary, and our occupation was gone," although they were allowed to visit them. She also pays tribute to General Cox, "a Christian gentleman and Presbyterian elder." Still another picturesque account appeared in the Greensboro Patriot of March 23, 1866: "During these eventful years, Greensboro was a central railroad thorough fare of great importance to the Confederacy. Huge trains of cars swept through almost hourly, bearing their great loads from the Southern States and mountain regions to the great consumer and fighter — the Army of Northern Vir- ^ The magazine and article referred to was McClure*s, in which Ex-Secre tary of the Confederate Navy, Stephen B. Mallory, had an artcle on "Last Days of the Confederate Government." The last paragraph, above, is from an article in the New York Tribune, by Carrie Elizabeth Herrell, of High Point, N. C, defending Greensboro and giving Mrs. Walker's article in proof. "FATHER OF MODERN NORTH CAROLINA" 409 ginia." Then he describes tbe great final military move ment. "Our gabant young Governor [Vance] remained at tbe capital until Sherman's advance was entering the limits of tbe city, when, mounting bis horse, be slowly rode west ward, and, arriving at Greensboro, made it tbe temporary capital of tbe State." Beauregard came up to meet the forces of Stoneman. "As April, 1865, dawned upon the world, Greensboro was no longer tbe beautiful, quiet, de lightful place of yore." He then describes the confusion and bow Stoneman was diverted from Greensboro by a telegraph operator's fictitious answer to his inquiries by tele graph ; but bow soldier mobs, in the disorganization, fought over the supplies, and a mob of old women from the sur rounding country tried it, but in vain. Then be tells bow Lee's soldiers began to drift in and how finally "The Confed erate Government" arrived in "a leaky old car" that stood on tbe switch, and how President Davis declined several invita tions to make his home in some residence ; bow there was to be seen on tbe streets "D. H. Hill, tbe veteran general, with his strange face — and Stuart and S. D. Lee and Cheatham and Walthall, and Stephenson and Loring and Butler of the Cavalry, and Iverson, who captured Stoneman in Georgia, and Lomax of tbe Virginia Cavalry, and Beauregard look ing like a fox and the old 'Doctor of Strategy' Joe Johnston and Admiral Semmes. A host of heroes!" He then de scribes meeting Secretary of War John C. Breckenridge, whom he thought, as a specimen of manhood, "bad not bis superior living." He tells of the money train and bow it be came stolen but partly recovered and used to buy forage for Johnston's men. How President Davis and General Breck enridge on horseback and tbe rest in ambulances left toward Salisbury, as tbe railroad bad been torn up by Stoneman.' Gen. Johnston signed the articles of surrender to Sherman in Mr. Ralph Gorreb's yard in Greensboro under the ancient oaks. Tbe Federal commander. General Hartsuff and his 1 In Correspondence of Jonathan Worth, Vol. I, p. 381, it says Govs. Graham and Swain, as Commissioners of Gov. Vance, went to meet Sherman before Raleigh was reached in order to get good treatment for the capital; but that President Davis, then at Greensboro, ordered their arrest, but they were prisoners within the enemy lines before Davis' order reached Hampton. They got back, and Johnston evaded arresting them, and Davis left for the west 410 JOHN MOTLEY MOREHEAD staff, were the first to enter Greensboro to parole the Confed erates. This interesting sketch, in closing, says : "We fought a brave fight — we were conquered — ^we submit.'" By December, 1865, the people had elected Jonathan Worth of Guilford county Governor against Editor W. W. Holden of the Raleigh Standard, who bad been provisional governor. In his efforts at reorganization in the spring following, he writes Governor Morehead a confidential let ter on April 25, 1866: "The appointment of Directors on our [Rail] Roads is my most important duty and is most embarrassing to me because of want of information. . . . I am sure there were some very good Old Union Democrats and Whigs who did not vote for me. I think it would be wrong and impolitic to seem to proscribe them. The ultra war men, in view of their own and the State's interests, had better remain in the background for the present. I may be justified in appointing a very few of them, in such coun ties as Warren and Franklin." He mentions four men for two roads and adds : "What say you to these?" But for the Atlantic & North Carolina from Morehead City he says: "You ought to be one. Would you prefer the appointment from tbe state or the stockholders? I would like to have a full conference with you. I shall take no action until June." On May 2nd, he writes another correspondent regarding this line's presi dency and shows that the office bangs between Newbern and Morehead City interests . "Morehead City and Gov ernor Morehead will insist that we will sacrifice the interests of the State to party and Newbern, if we reappoint ." For Governor Morehead and the other friends of tbis road were at this time urging consolidation of it with tbe North Carolina Central Railroad. Tbis latter railroad, at this time, about June 1st, had built in its own shops at Greensboro a handsome engine and named it "Tbe Governor Morehead" — "as handsome as any we ever saw," said the editor of The 1 "During the war I was with Sherman," said a man named James Burson, in an interview in a Texas paper some years since, "and I was a guard in front of Governor Morehead's house — yes, sir, and I walked up and down in front of that house for three weeks guarding and protecting them." — From a clipping in possession of Mrs. W. K. Walker of Spray, N. C. "FATHER OF MODERN NORTH CAROLINA" 411 Patriot. A letter from Josiah Turner, Jr., to Governor Worth on June 20, 1866, said Governor Morehead would certainly be a stock-holder director. On June 19th, Gov ernor Worth says Governor Morehead and party, on a special train, will examine tbe North Carolina Central to Goldsboro on the 26th, and go to Newbern and Beaufort on the 27th, to be at tbe annual meeting of tbe Atiantic road at tbe latter place on tbe 28tb. And now comes, about two weeks after this Beaufort meeting, what is probably John Motley Morehead's last public effort. A bill had been introduced in tbe Senate of North Carolina to consolidate the Atlantic, tbe Central and the Western railroads, which were essentially one, as it was. On July 17, 1866, Governor Morehead wrote an appeal to the stockholders of tbe "Central" to support this move ment: Among other things, he said: "Here let us pause and take a survey of what has been done in seven years toward this great work. From Beaufort harbor to Golds boro the Atlantic and North Carolina Railroad Company have built ninety-six miles. From Goldsboro to Charlotte you (tbe North Carolina Railroad) have built two hundred and twenty-three miles. From Salisbury to within four miles of Morganton the Western North Carolina Railroad bas built seventy-six miles . . . making in all three hundred and ninety-five miles, from which deduct forty- three miles from Salisbury to Charlotte, and we have actu ally built this great line three hundred and fifty-two miles in one continuous line. Think of it ! Seven years ! In the lifetime of a State or nation seven years is but as a moment in its existence. In tbe great day of a nation's improve ments seven years would not be tbe sun-rise of that day. We have done this great work in tbe twilight of our great day of internal improvement — a day which dawned so heau- tifully upon us, but which became enveloped in that gloom which shrouds the nation in mourning. But let us not despair. The day which dawned so beautifully upon us will yet reach its meridian splendor. Then let us be up and doing . . . and then the hopes, the dreams of the great and good Caldweb and Gaston will be realized 412 JOHN MOTLEY MOREHEAD . . . You have the honor of being tbe pioneers in this great work executed in sections. Do yourselves now the honor to consolidate the whole and complete the original design. You, the most powerful and most independent of the three corporations, can, witb much grace, propose to your sister corporations consolidations upon terms of jus tice and equity manifesting selfishness in naught but your name. Yield not that. The new consolidated corporation should be still 'The North Carolina Railroad Company.' This will be a corporation worthy of you, of your State, and of the great destinies that await it." "What this destiny was," writes R. D. W. Connor in 1912, "no man had fore seen so clearly as he. The traveller of 1912 along the line of the North Carolina Railroad sees the fulfillment of Morehead's dreams of 1850." Then, the same writer de scribes the wealth of development of modern North Caro lina and adds: "The foundation on which all this pros perity and progress rests is the work done by John M. Morehead or inspired by him." ' Within but little over a month from the day Governor Morehead penned that letter on consolidation of the east and west rail lines, namely, on August 27, 1866, this great hearted constructor of a commonwealth was dead — but, as has been seen, dead only in body. Taken witb liver trouble, in which that organ rapidly ceased to function, he was re moved to Rockbridge Alum Springs, Virginia, in tbe moun tains northwest of Lexington.^ Here distinguished men visited him, amongst them Mr. William Southerlin of Dan ville; and they found his mind clear and vigorously occu pied with his great plans to such a degree that they were astonished. "My God," said Mr. Southerlin, "is it pos- ^ Address on presentation of a bust of Governor Morehead — one of four in as many niches in the rotunda of the capitol at Raleigh, on December 4, 1912. The bust was presented by two grandsons of the Governor, John Motley More- head and J. Lindsay Patterson. ''In a letter to Chief Justice Thomas Ruffin on Aug. 16, 1866, he says: "I am alive and that is all — as yellow as a pumpkin — ^jaundiced from top to toe, and feel as if I cared for nothing on earth." He was concerned about the arbitration of his claims to the Atlantic line, which Mr. Gray, in a let ter of October 27, 1867, says the Governor said was about $80,000, a large portion of his estate. By August 22, 1866, his last thoughts were for his wife and news of this arbitration in Chief Justice Ruffin's and Governor Gra ham's hands, which was finally settled favorably to Governor Morehead's estate. — Letters in the Ruffin Papers, Vol. IV. Railroad Map of North Carolina in 1865 Prepared by the author (After Hamilton, 1914) "FATHER OF MODERN NORTH CAROLINA" 413 sible be can be in a dying condition ! He has laid out fifty years work for us in this conversation alone.'" And this was in the midst of that awful wreck of tbe whole South by civil war, which was yet to be even more awful in that dark reconstruction period that reminds one, who knows, of some of tbe present day horrors of parts of Europe; but tbis great spirit's vision saw through that, and far be yond, tbis great modern state of North Carolina, refusing to have his soul's eye blinded by the wreckage about him. He was like those valiant Chicagoans, who began clearing foundations still burning; and letting their contracts, by which, like a Phoenix from tbe flames, rose tbe great modern city whose motto is : "I Will." In this sense, he was, as a distinguished North Carolina statesman recently said to the writer, "The Father of Modern North Carolina ;" for, after tbe period passed, which may well be called the "dark ages" of the state, the commonwealth picked up tbe lines where Governor Morehead has dropped them in 1861, and has ever since been working at their development, tbe vast road development of tbe present Governor Morrison being but one part of it. But in those closing days at Alum Springs, he discussed religion witb bis minister friends, and wrote his wife tbe comforting message that "he trusted in the Saviour, in whom she trusted." Then came a day when he was removed from the room that had a view of the mountains : "Ab, Doctor," said he, "I have looked for tbe last time on that beautiful mountain." Tbe end came on August 27, 1866, and people recalled bis farewell address to the North Carolina Railroad stockholders in Greensboro, at tbe close of bis Presidency on July 12, 1855 : "Living, I have spent five years of the best portion of my bfe in tbe service of the North Carolina Railroad — dying, my sincerest prayers will be offered up for its prosperity and its success — dead, I wish to be buried along side of it in the bosom of my own beloved Carolina !" His body was laid to rest in tbe church yard of the First Presbyterian Church, within sound of the rumblings of tbe ' Mrs. Mary Bayard Clarke's Social Reminiscences in In Memoriam, a booklet on Governor Morehead. 414 JOHN MOTLEY MOREHEAD great traffic of the vast railway systems of today.' A monu ment stands over bis grave; and it has been proposed that at tbis great junction of modern systems of transportation, when the original North Carolina Railroad was completed and the last spike driven, that a beautiful new columned Union Station shall arise dominated at its front by a dis tinguishing statue of President John Motiey Morehead, the whole to be a permanent celebration of bis great work. And yet a greater monument already exists in tbe development of modern North Carobna itself, to tbe inquirer concerning which one may say, with another : "Circumspice!" A town-meeting, on the 29th and 30th, mourned their greatest citizen. The Guilford Bar Association said great and tender things about him, and listened to Thomas Settle, Jr., recall the chief features of his career and how he had so often heard it said that "John M. Morehead was the great est man the State of North Carolina bad ever produced." He also recalled how, in the presence of current disaster of civil war. Governor Morehead had said to him: "I was always a great Providence man; I leave all these things to Providence, well assured that He will bring good out of it yet" — in which respect he voiced perfectly the sentiments of his father before him. And the home county of bis youth, Rockingham, on October 30tb, at Wentworth, and its Bar Association on February 26, 1867, listened to a great address by Hon. John Kerr, who recalled how young More- head's industry in Dr. Caldwell's school was so great it impaired in his health at times and caused his father to keep him at home; and traced his career witb great ability. Referring to the great conflict in the Senate in 1858-9, Mr. Kerr said: "Just before he rose to answer bis assailants, seeing that be was deeply excited, I stepped across the aisle and whispered thus in bis ear, 'Governor, do your best. You are the most abused man in North Carolina.' With an eye flashing light through water at me, he promptly re- ^ The funeral took place at his residence, **Blandwood," on August 31, 1866, at ten o'clock. On November 23, 1866, bis sons, John L. Morehead and J. Turner Morehead and his son-in-law, Julius A. Gray, advertised Edgeworth Seminary for rent; and it is interesting to note that on December 24, 1868, John Motley Morehead Caldwell, as principal, announced the re-opening of the seminary. "FATHER OF MODERN NORTH CAROLINA" 415 sponded, 'How shall I deal witb them, my friend— shall I treat them gently, or shall I make myself tbe Wellington of tbe occasion, and vanquish them completely?' 'Play Well ington' said I. 'I will,' be replied, witb energetic action. . . . And he did play Wellington, if ever man did, on battle field or in parliament. Never was there a more brilliant victory won, than he achieved that day." Mr. Kerr told of how be worked bard to aid in feeding and clothing the soldiers and how he remembered aged fathers and mothers left behind, and wives and kitie ones; how his steward at Leaksville was directed to take care of large numbers. His kindliness to bis slaves was such that some of them said, after be died, that, could he have lived, they would prefer being bis slaves to being free, took tbe name Morehead and they and their children have been proud of it to tbis day. His losses were great, because he took Confederate money and bonds, staking, as he said, all be had on the cause. He was, said Mr. Kerr, a great son, brother, husband and father. A sister said she had never seen him give way to bis temper ; and bis love for bis brother Abra ham, tbe poet, was like that of Jonathan for David. As a lawyer Mr. Kerr said be was entitled to be ranked as "great;" he bad genius and talent both in high degree, but it was as an advocate that he shone with particular splendor. "His presence was imposing — his voice was exceedingly pleasant in its tones — ^bis argumentation was logical — his wit sparkling — ^his illustrations striking — and his flow of soul under tbe excitement of bis causes, captivating to all hearts. He assailed witb great force bis adversaries' posi tions — and defended his own with consummate skill. He was always self-possessed — ^always courteous. He had the best control of bis temper of any man I ever knew. It was in vain to attempt to get the advantage of him by exciting his anger." He was scholarly in bis knowledge from practical surveying to metaphysics and theories of Hooker, Reid and Dugald Stewart, and belles-lettres were no less at his com mand. An exquisite "Tribute" to him appeared in the Greens boro Patriot of February 15, 1867, from the pen of Lawyer 416 JOHN MOTLEY MOREHEAD William Lafayette Scott, to whom Governor Morehead had been a hero since childhood, when his favorite pet was named "Morehead." His boyish picture of his hero is given: "He was about two-score-and-two years old; the weight of years had not stooped his shoulders ; his hair was only slightly 'besprent with rays and gleams of silver light,' his face was smooth shaven ; a mild luster usually lit his blue eyes, but in moments of animation, they sparkled like the brightest stars ; his forehead was not high, but massive ; his nose slightly Roman; his chin prominent; his lips com pressed ; not infrequently, when in deep thought, he indulged in a whispering whistle ; and bis dress was elegant, but never ostentatious. Such was he as I first saw him, nor can that image ever pass from my memory. . . . Never have I seen, in the walks of life, nor has my imagination conceived, a man so all-gifted as he was." He tells of "halcyonian evenings" in the latter half of 1865 and the early half of '66 when Governor Morehead would come do\vn town and sit with neighbors and friends in reminiscence or discussion, narrative, history — "a living book," the joy of young and old. His old University Dialectic Society paid its tender tribute on September 21, 1866; and the stockholders of the North Carolina Railroad, on July 12, 1867, registered their testimony as to his "deliverance of the state from commer cial and agricultural bondage" through their "great central trunk railway." The Piedmont Railroad, the present link between Greensboro and Danville, and the heart of tbe great Southern Railway System, expressed their gratitude to him on September 13, 1866, and gave to the station nearest Greensboro the name of "Morehead." Even his ancient enemy, the Raleigh Standard, sounded his praises in gener ous accents. Then the dark ages of reconstruction, which, bis eyes were fortunately prevented from seeing by his passing at the "three-score-and-ten" mile post, gradually faded and a new generation, bis own sons and nephews among them, picked up the lines as they fell from his hands in 1861 ; and began to again develop that program "of fifty years," at "FATHER OF MODERN NORTH CAROLINA" 417 which Maj. Southerlin, a Danville connection director, bad exclaimed. It is now half a dozen years more than that half century, since he died ; and "modern North Carolina" is tbe only term that adequately distinguishes tbe "Tar-Heel" state of tbe last quarter of a century from all periods preceding. "The traveller along tbe line of tbe North Carolina Railroad" [now tbe Southern Railway]" writes Mr. R. D. W. Connor in 1912, "sees tbe fulfibment of Morehead's dreams of 1850. He finds himself in one of tbe most productive regions of tbe new world. He traverses it from one end to tbe other at a speed of forty miles an hour, surrounded by every com fort and convenience of modern travel. He passes through a region bound together by a thousand miles of steel rails, by telegraph and telephone lines, and by nearly two thousand miles of improved country roads. He finds a population en gaged not only in agriculture, but in manufacturing, in com merce, in transportation, and in a hundred other enterprises. Instead of a few old-fashioned hand-looms turning out an nually less than $400,000 worth of 'homemade' articles, be bears tbe bum of three hundred and sixty modern factories, operating two millions of spindles and looms by steam, water, electricity, employing more than fifty millions of capital, and sending their products to tbe uttermost ends of the earth. His train passes through farm lands that, since Morehead began bis work, have increased six times in value, that pro duce annually ten times as much cotton and seventy-five times as much tobacco. From bis car window instead of tbe four hundred and sixty-six log huts that passed for school-houses in 1850, witb their handful of pupils, be be holds a thousand modern school-houses, alive with the energy and activity of one hundred thousand school children. His train carries him from Goldsboro, through Raleigh, Durham, Burlington, Greensboro, High Point, Lexington, Salisbury, Concord, Charlotte— villages that have grown into cities, old fields and cross-roads have become thriving centers of industry and culture. Better than all else, be finds himself among a people, no longer characterized by their lethargy, isolation and ignorance, but bristling with energy, alert to every opportunity, fired witb tbe spirit of 418 JOHN MOTLEY MOREHEAD the modern world, and with their faces steadfastly set toward the future." "Tbe foundation on which all this prosperity and pro gress rests," — Mr. Connor continues, "is tbe work done by John M. Morehead or inspired by him. No well- informed man can be found today in North Carolina who will dispute his primacy among tbe railroad builders of the State. The North Carolina Railroad, the Atlantic and North Carolina Railroad, the Western North Carolina Rail road, the connecting link between the North Carolina and the Richmond and Danville railroads from Greensboro to Danville, all bear witness of his supremacy in this field. In one of the finest passages of his message to tbe General As sembly in 1842 he urged the building of good couty roads ; today [1912] there are five thousand miles of improved rural highways in North Carolina. He recommended the building of a Central Highway from Morehead City through Raleigh to the Tennessee line ; today we have just witnessed the completion of a great State Highway piercing the very heart of the State almost along the very route he sug gested seventy years ago. He suggested plans for extensive improvements of our rivers and harbors ; today a 'thirty- foot channel to the sea' has become the slogan of our chief ports and the National Government is spending annually hundreds of thousands of dollars in tbe improvement of the Cape Fear, the Neuse, the Pamlico and other rivers of eastern North Carolina. He urged tbe construction by tbe National Government of an inland waterway for our coastwise ves sels through Pamlico Sound to Beaufort harbor; seventy years have passed since then; this enterprise has become national in its scope, tbe Federal Government bas assumed charge of it, and the whole nation is anticipating the com pletion in the near future of an inland waterway from Maine through Pamlico Sound and Beaufort harbor to Florida. First of all our statesmen Morehead realized the possibility of establishing at Beaufort [Morehead City] a great world port; arid although tbis dream bas not been realized, there is not lacking today men noted throughout the business world for their practical wisdom, inspired by no John Motley Morehead A Bust by Ruckstuhl in 1912, in one of four niches in the Capitol Rotunda, Raleigh "FATHER OF MODERN NORTH CAROLINA" 419 other purpose than commercial success, who have not hesi tated to stake large fortunes on the ultimate realization of tbis dream also. A twentieth century statesman sent before his time into the world of the nineteenth century, as a distinguished scholar bas declared, 'would have been more at home in North Carolina today than would any other of our ante-bellum governors. He has been dead forty years [at tbe time tbis was written] , and they have been years of constant changing and unceasing development. But sO' wide were his sympathies, so vital were his aims, so far-sighted were his public policies, and so clearly did he foresee the larger North Carolina of schools, railroads and cotton mills, that he would be as truly a contemporary in the twentieth century as he was a leader in the nineteenth'.'" But this was a decade ago, when those railroads in which the state stock was valued at $7,000,000; today it is valued above $15,000,000; while tbe whole mileage of the common wealth is nearly 5000 miles. They have built up her greatest cities in the Piedmont section, instead of any great ocean port, and these treat New York as their port. "Western North Carolina," said Mr. B. Frank Mebane, tbe great manufacturer at Spray and Leaksvble, "is a suburb of New York, which is littie more than a night's ride and we all have offices there." Winston-Salem, tbe largest city of tbe State, over 48,000, a great tobacco center ; Charlotte, until 1920 the largest city, with above 46,000, a manufacturing center, are both Piedmont cities, after which follows Wil mington, now third (once first), witb over 33,000, still the port of North Carolina. Asheville, with over 28,000, the metropolis of tiie "Land of the Sky," identified witb Pied mont life, comes fourth. Raleigh, witb over 24,000, because iThe extract U from a sketch by Dr. C. Alphonso Smith in Ashe's Bw- as learned as Gaston, not ^ brilliant ^^.f^ffSier, not a* p Graham, yet 7"^^^ T. SSHsrre-sLu°J1y1nrp|£^^^reSshHned in the heart S North Carolina than that of Governor Morehead. 420 JOHN MOTLEY MOREHEAD the capital, while no city is large enough to be the metropo lis, takes on many of tbe features of the leading city, and it essentially belongs to the Piedmont. Durham, west of Raleigh, with nearly 22,000 is the great American Tobacco Company center, in tbe same region; while Greensboro, the "Gate City," witb nearly 20,000 within her borders and surrounded by factory towns galore, typical of Governor Morehead's theories, is in the very heart of the Piedmont; and High Point, the great furniture center, with over 14,000, is in the same county, and comes next. Other cities above 10,000 are Salisbury, Gastonia, also in the Piedmont; and Newbern, Rocky Mount and Wilson in tbe east. Many of these and others, however, are not representative of actual population that includes country factory towns identified with them, which is a striking feature of tbe state and ever increasing. Tbis remarkable factory development is due largely to the great growth of hydro-electric power by two North Carolina corporations, the Southern and the Carolina, the former radiating from the Catawba falls and tbe latter in the east. She stands fifth in amount of electrical energy developed east of the Mississippi.' And this power is in a state, which, in a decade, "bas climbed," as tbe late Governor Bickett said before the North Carolina Society of Philadel phia, in 1920, "from the twenty-second to tbe fourth state in value of agricultural products." Only Texas, Iowa and Illinois surpass her. She is first in amount of cotton to the acre and value of tobacco crop. She is second only to Massachusetts in cotton manufacture and second only to Michigan in furniture factories. She is sixth in amount paid into the national treasury, and the richest, per capita, of any state from the Potomac to tbe Rio Grande. More automobiles are owned in North Carolina than any Southern state except Texas — illustrations that serve to indicate what this "modern" state is, and what a distinguished North Carolina statesman of today meant when be said that "Gov ernor Morehead may be called The Father of Modern North ' Charlotte is the largest distributing center of hydro-electric power in tho world. "FATHER OF MODERN NORTH CAROLINA" 421 Carolina ;" while another, Ex-Secretary of the Navy Daniels, bas predicted that a great port, the dream of Governor More- head, will yet be realized in the region of Cape Lookout, the entrance to Beaufort harbor and Morehead City. And even so it will take generations to realize all the dreams of Gov ernor John Motley Morehead for the development of North Carolina. INDEX Index AboHdon Movement, 181 ; (see Anti-Slavery Movements) ; and Quakers, 188; 194; 311; 313; 324; 325; (see Old Line Whig Convention, Balti more) ; (see Republican party, "Black Republican," "Republican Abolitionist) ; "Democratic Abolitionist," 364. Adams, John Quincy, election of, and Quakers of North Carolina, 82; 101; 102. Alamance Battle, 13; 38. Alamance, novel by Calvin H. Wiley, 281. Albemarle, 1 ; 54. "American Party," 363. Anti-Slavery Movements (other than Quaker and other man umission), 85-6; (see Abo lition Movement). Appomattox, 404. Ashe, Senator Wm. S., 295. Asylums, for Deaf, Dumb, Blind and other Defectives, 253; 268. Atlanta, beginnings of, 301. Atlantic & North Carolina R. R., 314; 320; progress of, 322; opening celebrated, 344; 345; 357; 366; 410; 411; 418. Avery, Mr. and Mrs. Waight- still W., 399. Badger, Secretary of Navy, 219. Baltimore, Lord, colonies of, 3. Banking (see Finance). Bank of North America, 179. Bank of Pennsylvania, 181. Bank of the United States, 43 ; and politics, 85; 122; 127; history of, 179-180; 220; an English plan to accomplish same ends, 223. Banks, of Newbern and Cape Fear (Wilmington), 43; 44. Bar of North Carolina, ability of in 1822, 79; 145; 180. Barringer, D. M., 372. Bartram, death of, 4. Bath county, 54. Beaufort, port, 106; 136; 138- 9 ; and railroad to Tennessee line, 145-6; 168; (see Port) ; 183; 187; 213; 249-50; 314; 315-16; (see Sheppard's Point; also Morehead City) ; an editorial letter on, 341-2- 3-4; 421. "Bell and Everett," 367. Blackledge, Thomas W., 73-4; and his four natural di visions of the state, 74. "Black Republicans," 337 ; (see Republican); 363; 364; 368; -370; 381-2. "Blandwood," residence of Mr. Morehead, in Greensboro, 80; 221; and war, 404; et seq. Borough representation, 153, et seq.; 159. Boutwell, Geo. S., 376. Boycott, Southern commercial, 364. Branch, Gov. John, in Consti tutional convention, 152. Breckenridge and Lane, 370. Breckenridge vote, 370. Bridgers, Col. I. L., of Edge combe, 351; 353; 372. Broune, Wm. Garl, portrait painter, 362. Brown, John, raid of, 363 ; 364. Bryan, of Carteret, on negro voting, 154. Buchanan, James, 280; 281; •j^o Bull Run, 392; 394. Caldwell, Rev. Dr. David, and his school, 12-13; students, 13; 14; death and burial of. 425 426 INDEX 14; described by John Mot ley Morehead I, 14-15-16- 17-18; 19-20; 23; More- head's remarks on in Con vention, 162. Caldwell, David F., 294; 298. Caldwell Institute, 178; 236. Caldwell, Dr. Joseph, 21-22; theories of, 22-23 ; influence of, on discipline, 24; again President, 27; 28; and his "Carlton Papers," 92-3-4; 96; 97; Railroad "address" by, 97; 98; 100; on the Roanoke Valley, 105; 132; death of, 148; monument to, 279" 323 ¦ 411. Caldwell School (David), 12- 13-14-15-16-17-18; compared with the University, 19-20. Cameron, Duncan, 22. Canals, 83. Cap^ Fear river valley, 183. Capital, location of, in North Carolina, 108; political chess game with in 1831, 108-9; 110; 111. Capitol and Bank, national, 31. Capitol, at Raleigh, destruction of, and event's political influ ence, 108; 109; new one de scribed, 122-123; (see State Capitol) ; 213. "Carlton Papers,'' or "Num bers," by Dr. Joseph Cald well, 92-3-4; 96; 97; 98; 100. Carolina City, 342. Catholic, Roman, and the Con stitution of North Carolina, 159, et seq. "Central Railroad of North Carolina" (see North Caro lina Railroad). Chapman, President Robert H., 24-S; 26; 27. Charles I, 3. "Charlotte, a young Charles ton," 385. Chavis, John, negro teacher, 29; a voter, 165. Chinese Museum, at Philadel phia, 284. Cities of North Carolina, population of, in 1821, 64. Claiborne, Captain Wm., Sec retary of State, Va., 2; 3. Clarendon county, 54. Classics, early teeaching of, 15-16. Clay, Henry, and the Bank of United States, 220; 227; and North Carolina, 269; 280; 281; 284; 286; 287; 314. "Clinton" letters, 132-4-5-6. Cloberry, an owner of Kent Island, 3. Commerce, increase of, 172. Commission, to Peace Confer ence, 372; to Confederate Convention, 372 ; (see Peace Conference, and Swain, Gov. D. L.). Compensatory lands, Va., 3-4. Confederate officers, 409. Confederate Provisional Con gress, 392, et seq.; 398. Connor, R. D. W., on Gover nor Morehead, 412; 417-18- 19. Constitutional revision, in North Carolina, 27; 42; 57- 8; 66; Governor Swain quoted, 67-8 ; Morehead's speech on, 68-9-70-1-2-3-4; an extra legal convention, 76; in court structure, 86 to 89; and Virginia, 106; and census of 1830, 106-7; 108; 110; 111; 118; 119; 121; 122; 128; 129; 130; 140; Convention of 1835, for, 144; Gov. Swain on, 145 ; 146 ; Convention bill passed in House, 147 ; final passage, 148; characteristics of, 148; vote on, 150-1 ; Convention for, 151, et seq.; leaders in, 151; plans of, 151-2; com mittees of, 152; methods of, 152; Convention and borough members, 153; and the Convention Act, 156; and Fisher, Morehead and Gas ton, 158; and Non-Protes tant, 159-60; and the Ex ecutive, 162-3; motive of, 163 ; amendment provision, 164-5 ; free negroes again, 165-6 ; results of, 166-7 ; and Murphey, Caldwell, Fisher, Morehead, et al., as designers and Gaston and others as constructors, 168; ratification and promulgation, 169. "Constitution and Union," 325. Continental Congress, and North Carolina, 57. INDEX 427 Convention, Constitutional (see Constitution, revision of), 42. Convention, Greensboro, In ternal Improvement or Trans portation, 185; Raleigh, do., 185-187. Convention, constitutional, un official, 119; limited, 121; ad dress of, 121-2; Transpor tation, or Internal Improve ment, 122-123; members of, 123; 124; address of, 125; Transportation Convention of November, 1833, at Ra leigh, 127; report of, to As sembly, 129; (see Constitu tion, revision of). Convention, "Old Line Whig," at Baltimore, 325-35. Convention, Whig National, 1848, 281; (see Philadelphia Whig National Convention). Cornwallis, Lord, at Guilford Court House, 13; campaign of, 38-39. Cotton (see manufactures). Cotton Manufacture (see man ufactures). Counties, early, of North Caro lina, 54-5. Counties, equal organization of (see West vs. East). Counties vs. Districts, 155. County representation, equality of, 57. "Court of Conference'' (see Supreme Court). Courts, Equity, 86-7-8-9-90- 1. Courts, of northern part of the state 79. Cox, (General, 405-6. Crawford, Presidential candi date, 80. Crittenden or Kentucky Plan, 376. Daniel, Judge, 34. Daniels, Secretary of Navy, on Morehead City, 421. Dan river (and Banister), 1- 2; 8; poem on "Hills qf Dan," 9. Dan River Railroad Company, 354: (see Danville link). Danville "link" or "connec tion," inception of, 294-5; 296; 298; 300; 317-18; 320 347; 348; 349; 350; 354 355; 3S9-«0; 368; 372-3 395-6; 397; 398; 400, 404. Davie, General, 22. Davis, George, 372. Davis, Gen. Jefferson, 279-280; as President of the Confed erate States, 373; 392; and the Danville link, 395-7-8; 400; 405-6; 409. Deaf and Dumb School, Ra leigh, 279. Democrats, 174 (see Political Parties) ; organ of, 182; 185; 280; 281; 308; and the North Carolina Central Rail road, 319; 324; of the north, 338; 363; 365; 368; 369; 381—2 "Dialectic" and "Philanthropic" Societies, 27. Disunionists (see Secession). Dix, Miss Dorothy, and North Carolina politics, and care for the insane, 296. Dockery, Gen. Alfred, 227 ; 324. Dorr's Rebellion, 255-6. Dortch, Mr., of Wayne, 351. Douglas, Stephen A., 302; for Union, 310; visits North Carolina, 369. Dudley, Edward P., 101; 145; 171 ; 173 ; 174 ; inauguration of as Governor, 175 ; char acter of, 176; 182; 183; 185; 187; 213; 217; 221. Durham, 320; 404. Dustin, Hannah, 6. E^st vs. West (see West vs. East), 58. Edgeworth, Maria, 178; 300. Edgeworth School (see Edge- worth Seminary). Edgeworth Seminary, 178-9 ; first announcement of open ing by Mr. Morehead, 196-7 ; description of, 197; 208; 277; 310; reminiscences of, 345-6; 367; and the Guilford Grays, 367-8; 391. Education, 42; problems of, and school system, 66; 84; 86; 95; 128; 178; 187; (see Edgeworth Seminary) ; 196 ; 222; literacy, 235, foot-note; 246; 275-6; 277; 280-81; 314. 428 INDEX Edwards, Weldon N., 369. Electoral College, of North Carolina, 101. Ellis, Governor, 369. Emancipation, Pennsylvania and (3hio plans, 86. English and Welsh Quakers, in Guilford county, 38; 39. Evans, Col. and Mrs. Peter G., 399. Evelin, George, 3. Evins, Rev. Henry, negro preacher, 29. Executive, the, in Constitu tional Convention, 162-3^ ; 218; 267. "Experimental Railroad," in Raleigh, 111-12; 120; 131; 177. Fauquier county, Va., 2. "Father of Modem North Carolina," "The," 399; 413; 417-18-19-20. Fayetteville, and railroads, 183. Federalism, in University of North Carolina, 24; 25. Federal Reserve System, 180. Federal-National ratio, 59. "Fillmore & Donelson," 325; 326. Fillmore & Graham, nomina tions of in Guilford Co., 313. Fillmore, Millard, 285; 289-90; (see Fillmore & Graham). "Fillmore & Morehead," 321. Finance, in North Carolina, 43; 44; system, 84-5; 122; 128; 175-6; panic of 1837, 179- 180; 181; 185; 212; 219; 223; 231-2-3-4; 246; 254-5; 256- 7-8; 344. Fisher, Charles, 64-5; 66; 68; quoted on finance, 84; influ ence of report of on wool, 103; and Constitutional Con vention, 151 ; as President of N. C. C. R. R., 321 ; 344. Flodden Field, 5. Franklin, Governor, 65. Freehold vote for State Sen ate, 293. Free negroes, 58; 64; 81; 87; 91; 107; and the vote, 154, et seq.; 165-6; (see Quakers and Slave Trade) ; 209. Fremont, John C, 325. Free Trade, 259-60. Gales, Editor, 182. Gaston, Hon. William, 22; 28; 32; 33; sketch of, 94-5; 110; 124; 127-8; and Constitu tional Convention, 153 et seq.; 156-7; 159; as a Catho lic, 160, et seq.; and _ free negroes, 165-6 ; mentioned as successor to Chief Justice John Marshall, 167; 174; as Chief Justice, l43, foot-note; 411. Gaston-Weldon "link" (see Weldon-Gaston "link"). Georgia, and railroads, 310. German settlements, 38; 56. Gilmer, John A., 208; 325; 363; 364; 365. Goldsboro, and railroad track- laying, 316. Gorrell, Ralph, 208. "Government House," execu tive mansion, after the Capi tol fire, 108; 123; 175. "Governor Morehead," steam boat, 211. Governorship, of North Caro lina, 65. "Gradual emancipation" (see Anti-Slavery movements). Graham, William A., 77; 145; 146; 174; 176; 180-1; and Governor Morehead, 273-4; 276; 279-80; 294-5; and Ja pan, 313; Whig State Presi dential nominee, 36S ; 409. Graves, Calvin, 37; 2S&-7 ; 302- 3; 312-13; 319. Gray, President and Mrs. Julius A., 399. "Great Mail Route," 183. Greene, General, campaign of, 38-9. Greene Monument Association, 345. Greensboro, 39; 40; schools in, 178; a poem on, by Miss Hoye, 235; as county seat, 236; High School, 275; Female College, 275; closing war scenes at, 404, et seq. "Greensboro-Leaksville bludg eon," 359-60. Greensboro Patriot, 39; editor's large plans, 178; 182. Greensboro Railroad Conven tion, 1849, 302. Greensville and Roanoke Rail road, 169. INDEX 429 Guilford Court House, 37. Guilford County, 37-8; Gover nor Tryon on, 38; and the Constitutional Convention, 149-50; and Whigs, 182; and Morehead for Governor, 183 ; 189; "Thunder" of, 238. Guilford Court House Battle, 13; 38-9. Guilford Guards, 208; Grays, 367; 387. Gulf Stream (see "Lost At lantis"). Gwynne, Walter, engineer, 308 ; 311; 318; 319. Hamilton, Alexander, 180. Hamilton, of Bothwellhaugh, "Hard Cider and Log Cabin" campaign, 208. Harding, President, 180. Harpers Ferry (see Brown, John). Harrison, Gen. W. H., 168; death of, 220. Harrison & Tyler campaign, 209. Hatteras, Cape (See "Lost At lantis"), poem on, 52. Haywood, Wm. H., Jr., 146. Hawks, of Newbern, 68. Helper, Hinton Rowan, 364. Henry, Louis D., 223 ; 228 ; 233 ; 234. "Henry, O." (see O. Henry). Henry VIII, 5. Hill, Gen. D. H., 409. "Hills of Dan," poem, by Abra ham Forrest Morehead, 9. History, of North Carolina, proposed, 91. Holmes, Governor, 65. Hooper, Wm., tutor, 28. House of Commons (Repre sentatives), 64. Hoye, Mary Ann, teacher, 178; 208. Impending Crisis, Helper's, 364-S. Indiana (see Quakers and In diana). Indians, in U. S., 106. Industrial Convention, 309 ; (State Fair, etc.). Insurrections, slave. 111. Internal Improvements, 42-3 ; 44-5-6-7-8; 75; 83; (see "Carlton Papers") ; 98-9-100; Greensboro Convention, 185; 252 ; (see Railroads) ; 299. Iredell, James I, 60. Iredell, General James II, 86; 94; 98-9-100. "Jacksonism," North Carolina against, 80; 110; and "Anti- Jacksonism," 127 ; 142-3 ; 179; 180; 196. Jackson, General Andrew, 24; 80; 81; 100; 101; 112; 179; 180. James IV, 5. Johnston, Gen., in North Caro lina, 404, et seq. Joyner, Speaker Andrew, 297. Judicial districts, or circuits, 32; 34. Judiciary, reorganization of, 32. Kecoughtan (Hampton), Va., 2. Kent Island, Va. (later Md.), 3. Kerr, Hon. John, 281. King George county, Va., 2. "Know Nothing," or "Ameri can" party, 325. "Laird of Muirhead," ballad by Scott, 4-5. "Land of Eden," in North Carolina, described by Wm. Byrd of Westover, 8-9. Lane, Lunsford, 221. Lauchope House, S ; 6. Lawyers, notable, of North Carolina, 30. Leaksville, 37; 103; 355; 356. L'Ouverture, Toussaint, and Hayti, 40. Lee, Commander, 405. Legal Reports, of North Caro lina, 30. Lincoln, President, 195-6; as candidate, 368; 381-2; on secession, 392. Lindsay, Ann Eliza, 41 ; (see Morehead, Mrs. John Mot ley I). Lindsay family, origin and members of, 40-41. Literary and School Fund (see Education). "Loco Focos," 181. "Locomotive," 93; 105. 430 INDEX "Lost Atlantis," 50; cause of problems to North Carolina, 51-2. Macon, Nathaniel, 151, et seq.; 159; 166. "Magnetic Telegraph," in North Carolina, 279; 280. Mangum, Priestly H., tutor, 29. Mangum, Senator, 276. Manufactures, cotton, in North Carolina, 102-3; 184-5; 313. Manumission (see Quakers and Slavery). Marshall, Chief Justice John, 74. Martin, Governor Alexander, 39; 218. Martinsville (see Guilford Court House), 37. Mason, John Y., 25 ; 276 ; 279. Mebane, B. Frank, on New York and North Carolina, 419. Mebane, James, 97. Memphis Railroad Conven tion, 301-2. Mexican War, 277; 279; 281. Minority protection, 155; 158. Minstrelsy of the Scottish Bor der, by Scott, ballad from on John Muirhead of Lauchope and Bullis, 4-5. "Minute Men," 369. Mitchell, Professor Elisha, 28. Mordecai, President of Raleigh & Gaston R. R., 300. Morehead, Abraham Forrest, 10. Morehead, Ann Eliza I (see Morehead, Mrs. John Motley 1). Morehead, Ann Eliza II, 177; 220. Morehead, Charles I (also Muirhead), 2; 4; 6. Morehead, Charles II, 6. Morehead City, 321 (see Shep pard's Point ; also Beaufort) ; 322; 323; 324; 338; 339-40; progress of, 340-41 ; an edi torial letter on, 341-2-3-4; 345 ; 349 ; 359 ; description of, 360-1-2; 400; 410; 418; Sec'y Daniels on, 421. Morehead, Corinna, 80. Morehead, David (see Muir head, David). Morehead, Emma Victoria, 177; 220. Morehead, Eugene Lindsay, 282; 399; 402. Morehead family of Va., 4. Morehead, Gov. James Turner, 209. Morehead, James Turner I, 10; 19; 29; 37; 104; 174; 187. Morehead, James Turner II, 209; 221; Major, career of, 399-400. Morehead, John I, 2; 4. Morehead, John II, 2; birth and marriage of, 6; charac teristics, 7-8; his and his wife's ideas on education of their children, 10; cause of failure of, 103. Morehead, Mrs. John II (Mot ley Obedience), 6; remark able experiences of, in the Revolution, 7; home of, 8; 14; death of, 401. Morehead, John Lindsay, 178; 220; Col., 399. Morehead, John Motiey I, 2; birth of, 4; 8; 9; brothers and sisters of, 10; education, plans for, 10; under Dr. David Caldwell, 12-13-14; Caldwell described by, in let ter by, 14-15 ; his Greek and Latin, 15-16-17-18-19; enter ing the University, 19-20; under Dr. Joseph Caldwell, 21-2; influence on, 23; fel low-students of, 24; in the Dialectic Society, 25; course of, in student difficulties, 26; graduation, 28; tutor, 29; to study law under Senator Murphey, 29; 31; setties in practice at Wentworth, 35; and future wife, 37; 41; law books and book plate of, 41 and 49 ; motto of, 49 ; disciple of Murphey, 49; becomes a Representative in Assembly, 50 ; charactertistics of, 50-1 ; marriage of, 63 ; lieutenant to Charles Fisher, in As sembly, 65; on committees, 65-6; first speech of, 68-9- 70-1-2-3-4; devoted to pro fession of personal affairs, 76; an incident in practice of, 77; anecdotes of, as law yer, 78-9; fellow lawyers of. INDEX 431 79; "Blandwood," home of, 80 ; two children of, 80 ; elec tion to Assembly, second time, 80; favors General Jackson, 81 ; prestige of, po litically, 82; and railroad be ginnings, 83; on educational committees, 86 ; presents Quaker proposal for emanci pation, 86; other proposals, 86; on his profession, 86; on Equity Courts, 86-7 ; speech by, on Equity Courts, 87-8- 9-90-1 ; emancipation bill presented, lost, 91 ; and his tory, 91-2 ; re-election, 92 ; re ceives M.A. degree, 92; no longer a lieutenant in As sembly, 94; on Educational Committee, etc., 95-6; known as defender of schools, re ligious bodies, widows and orphans, defectives and in sane, slaves, free negroes, the West, state history, ju dicial justice and exact legal procedure, and the "Carl ton" railroad, sea to Tennes see, 96; an elector for Gen eral Andrew Jackson, 100; 101 ; 102 ; legal opinion of on a duel, 102; operations of at Leaksville, 103; occasion of retirement from public life in 1828, 103-4 ; trustee of the University, 104; a Jackson elector again, 112; issues a circular on candidacy for Senate, 113-118; 119; and finance, 122; and the unof ficial railroad convention, 124; and the N. C. R. R. and Beaufort harbor, 126; varied interests of, 127-8; and the "Clinton" letters, 132-4-5-6; definite railway leadership, speech of, 136-7-8-9-40; methods of, 143; against Jackson convention, 149 ; candidate for Constitutional Convention, 149; address of his committee, 149-50; mem ber of convention, 150, et seq.; and free negroes, 154; and the East in convention, 156; and Gaston, compared, 158; chairman of Com mittee of the Whole, 159; and Non-Protestant test. 160-1 ; and Christian profes sion, 161 ; and the 4th of July, 164 ; and Gaston, 167-8 ; as a designer of the Consti tution, 168; a Whig leader, 170; 172; as a Whig elector, 173; family of, 177-8; educa tion of, 178; and Edgeworth Seminary, 178-9; as candi date for Governor, 183; cot ton mill of, 184; at the Greensboro transportation convention, 185 ; not at Raleigh convention of 1838, 186; and attacks because of Quakers and brother, 188; nomination for Governor by home county, et al., 189-90; formal notification by State Convention, and reply, 191- 2-3-4-5; and slavery, 195-6; and the national bank, 196; and state issues, 196; and Edgeworth Seminary open ing, 197-8; Democratic op ponent, 199; canvas by, 201- 2-3-4-5-6-7-8-9 ; and free negroes, 209 ; election as Gov ernor and rejoicings, 209-10; steamboat said to be named for him, 211; and Harrison's election, 212; at "Govern ment House," 212-13 ; in auguration and address of, 213-14-15-16-17; character of leadership of, national, 217-18; and Governor Mc Nutt of Mississippi, 218-19; mentioned for National President, 219; and other notable Moreheads, 219-20; and family at "Government House," 220-21 ; in office, 221 ; and Swamp Land reclama tion, 221; as President of U. of N. C. trustees, 222 ; stimu lus of, to various state pro jects, 222; renomination of on Clay ticket, 223; called "John Moonshine Morehead" by Democratic editor, 223 ; again called to canvass, 224; address of acceptance, 225- 27; his itinerary, 227-8; ac count of debate, 228-9-30-1- 2-3^; reception at home, 236-7; characteristics of his campaign, 237-8; re-inaugur ation, 238-9 ; characteristics 432 INDEX of his administration, 239; state policies of in famous message of, 239-63; Ala bama Times on, 264; London Sun on, 264 ; other papers on, 264-5 ; installation, 266 ; men tioned for Vice-President, 267; host of Henry Clay, 268-9; abstract of message of, 270-71; and his Whig Assembly's results, 271 ; his departure from Raleigh, 271- 2 ; comments on, 273 ; and Graham, 273-4; his home re ception, 274 ; a County Judge, 274; suggested for Congress, 275 ; various activities of, 275 ; and the Bank of North Carolina, 276; Hon. Edward Stanly on, 276; and his phil anthropic projects, 277; and the University, 277-8; pro posed for National Senate, 278 ; and the Common School or Literary Board, and Deaf and Dumb School, 279; recommends Calvin H. Wiley as head of School system, 281; and the Whig National Convention, 281 ; chosen President of convention, 282; address of, 283-4; closing address of, 285-6-7-8; vote of, 286 ; notification of candi dates, by, 288-292; prestige of, 293 ; at a railroad meet ing, 299; and the Danville link, 300; varying activities of, 300 ; at the Salisbury rail road convention, 300-1 ; as Murphey and Caldwell incar nate, 301 ; in New York, 302; and Greensboro Railroad Convention, 302-3-4 ; and railroad canvass, 304-5 ; letter of, 305-6; 307; success of, 307; becomes President of the N. C. Central R. R., 308; President of the In dustrial Association, 309 ; asking for geological, min eralogical and agricultural surveys, 309 ; and break ing ground for N. C. R. R. at Greensboro, 311-12-13; surveys the Atlantic & North Carolina R. R. and the North Carolina & Western R. R., 314; his visions of trade, 314; and Sheppard's Point at Beaufort, 315-16; re-election of as Pres. of R. R., 316; and political directors, 316; po litical and other comments on, 317 ; accovmt of railway progress, 318-19; and poli tics, 319; re-election, 319; resienation as President of N. C. C. R. R., 321 ; contrac tor for A. & N. C. R. R., 321 ; steamer named in honor of, 321 ; mentioned for Vice- president, with Fillmore, 321 ; progress of, on A. & N. C. R. R. contract, 322; and the dreams of Murphey and Caldwell, 323; and Whig leadership again, 324-5 ; at the Baltimore "Old Line Whig" Convention, 326 ; great speech of, 326-7-8-9-30-31- 32-33-34-35; address in Vir ginia, 335-6-7 ; letter of, on Morehead City, 338-39; as President of Sheppard's Point Land Company, 339- 40; adroit diplomacy of, 343- 4 ; succeeds while others fail; 344; incidents with chil dren, 345-6 ; elected to lower house to promote railroad development, 347-8 ; attacks on, 349-50; and the "great debate," 351-53 ; comments and estimates on, 355-62; portraits of, 362 ; defends the Union, 363 ; at National Con stitutional Union Conven tion, Baltimore, 366, et seq.; leader in, 366-7; elected State Senator as a "Union ist," 368; in the Senate, 370; address of, 371 ; a commis sioner to ihe Peace Confer ence at Washington, 372; 374 ; why chosen, 374-5 ; ad dress of, 377 ; and David Dudley Field in, 378; ad dresses of, 378-9-80 ; vote of, in Conference, 380-1 ; limita tion of, 382; return of, and address by, 382-3-4; letter of to Chief Justice Ruffin, 384-5 ; and Confederate Pro visional Congress, 386, et seq.; elected to Confeder ate Provisional Congress, 392; goes to Richmond, 392, INDEX 433 et seq.; letter of, 393-4; on Financial and Commercial Committee, 394; and the Danville link and President Davis, 395-6-7; letter of, 397-8; at age of 66, closes his public career, 399 ; family of, 399; death of mother of, 401 ; letters of to Gen. Bragg, 402-4; and the currency, 402 ; at Blandwood in war's clos ing scenes, 404, et seq.; offer to President Davis, 405 ; striking scenes in home of, described by daughter, Mrs. W. R. Walker, 401-8; con sulted by Governor Worth, 410; engine named for him, 410; and his railway inter ests, 411; efforts to consoli date state's railroads, 411- 12 ; his hopes, 411 ; illness of, 412; plans of, 413; vision of, 413 ; after influence of, 413 ; religious belief of, 413; wishes as to burial, 413-14; a railway memorial proposed, 414; tributes to, 414, et seq.; funeral of, 414; great de fense by recalled, 414-15 ; station on Danville link named for him, 416; and "Modern North Carolina," 417-18-19 ; characterization by Col. G. S. Bradshaw in 1921, 419; called "The Father of Modern North Carolina," 420-21 ; and North Carolina's future, 421. Morehead, Mrs. John Motiey I, as a young lady, 41 ; mar riage, 63; as Mrs. Governor- elect Morehead, 211. Morehead, Joseph, 2. Morehead, Letitia Harper, 80. Morehead, Letitia Harper, daughter of John Motley Morehead I, 177; 220. Morehead, Major Joseph Mot ley (and Mrs. Morehead) poem by, 39; statue of, 39. Morehead, Mary Corrina, 177; 208; 220; 367. Morehead, Mary Louise, 177. Morehead, Samuel, 10; 104. Morris, Robert, 179-180. Motley, Capt. Joseph, 6-7. Motley, Obedience (see More- head, Mrs. John II). Moseley, Wm. D., tutor, 28; 29. Mt. Mitchell, poem on, by Al fred S. Waugh, 52. Mt. Tina, Hayti, 51. Muirhead, Charles (see More- head, Charles). Muirhead clan, origin of, in Clydesdale. 5. Muirhead, David I, 6. Muirhead, David III (also Morehead), 2; 3; 4. Muirhead, James II. Muirhead, James III, last of the line to own Lauchope House, 6. Muirhead, John I, of Lau chope and Bullis, 4-5. Muirhead, John II, 6. Muirhead, Dr. Richard, Sec retary of State of Scotland, Muirhead, Sir William, of Lau chope I, 5. Muirhead, Sir Wilham, of Lau chope II, 5. Murphey, Archibald De Bow, 23; his statesmanlike plans, 27; sketch of, 30-31; called "Father of Public Improve ment," 30; Governor Gra ham, on, 31 ; a teacher of the law, students of, 31 ; 32 ; chosen Judge, 33-4; reporter for Supreme Court, 34; fa mous reports of, 41-2 ; Niles Register on, 43; on finance, 43-44; most famous report of, 44-5-6-7-8; Jared Sparks on, 443; characteristics of, 50; description of, 77-8; failure of, 82; and state his tory, 91-2; 323. Nash, Judge Frederick, 33. National Constitutional Union Convention, Baltimore, 366, et seq. National currency system (see Finance). Negro, colonization of, 27-8; 40; 41-2; 81; valuation in 1860. New Berne, and railroads, 306. Newspapers (see Press). Non-Protestant Christians and the Constitution of North Carolina, 160. Norfolk, wishes to join North Carolina, 300. 434 INDEX North Carolina, structural con ditions of, 44-5-6-7-8; prob lems of, 50, et seq.; first set tlements in, 54; eastern falls and rapids of, 55-6; Pied mont, 55 ; Yadkin-Catawba triangle of, 56 ; mountains of and plains of, 56; settlers, in, 56; population of, 56-7; and Continental Congress, 57 ; and political theory, 60-61 ; cities of, 64; history of, pro posed, 91; (See "Carlton Papers"); 98-9; manufac tures in, 102; 103; balance of trade in, 103 ; influence on by Virginia, 106; various ideas in, 107; Assembly analysis, 131 ; press of described, 141- 2; political power in, 144; emigration from, 155 ; long Assembly of, 176; 194; and literacy, 235 ; and Presidents, 269; 286; growth of, by 1856, 338; and railroad debt, 347; and powder mills, 363; and the mails, 366; in the Nat. Const. Union Convention, 366, et seq.; statistics of 1860, 374; vote on State Con vention in 1861, 386; a song of in 1861, 387-8; and the "Stars and Stripes," 388-9- 90-91; in transition, 389- 90-91 ; prepares for war, 391-2; part of the Confed eracy, 391 ; closing war scenes, 400, et seq.; as "mod ern," 417-19; Western N. C. and New York, 419; cities of, 419-20; rank of, 419-20; and hydro-electric power, 420. North Carolina Railroad, 97; 98; Governor James Iredell on, 98-9-100; 108; 110; 111; 112; 119; 120; 125; (see Railroads); 126; 132-4-5-6; 138-9-40; 144-5; 146; 169; 177; 183; 184; 185; 186-7; 213; 277; and the Danville idea, 294; 295; 296; 300-4- 5-6-7; organization of, 308; 309; 310; 311; breaking ground at Greensboro, 311- 12-13; progress of, 316; 318; and native labor, 318; open to Durham, 320; first freight tariff, 320; progress of, 320- 21; last rail laid, 322; 359; consolidation urged, 410; 411-12; 418. North Carolina & Western R. R., surveyed, 314; 322; 347; 348; 357; 366; 411; 418. "North and South," 181; 195; 381—2 "Northern Neck," Va., 2; 4. Northumberland county, Va., 2; 4. Nullification, 107-8. "Numbers of Carlton" (see "Carlton Papers"). "O. Henry," 179. "Old Line Whigs," 325. Old North State Forever, The, authorship of, 210-11. Olmsted, Professor Denison, 28; 75. "Opposition" party, 363; con vention of, 365-6, et seq.; 369. Paxton, Judge John, 33. Peace Conference, proposed, 372; in session, 374, et seq.; sectional aims in, 376; dele gates to, 376; sentiments of Mr. Rives of Va., 377-8; Amendment to Constitution proposed to Congress, 381 ; remarks on, 382-3. "Pello," first locomotive at Greensboro, 321. Pennsylvania railroad pro posed, 83. Penitentiary, 253-4. Petersburg and Roanoke rail road, 112; (see Railroads); 120; 126; 171. Philadelphia Whig National Convention of 1848, 281-2-3- 4-5-6-7. "Philanthropic" and "Dialectic" Societies, 27. "Piedmont," definition, 1 ; 2 ; plateau, 55; railway, 348; 355; 398. Pitcher, Molly, 6. Pittsylvania county, Va., 2. Political science, as discovered and formulated in America, 59 ; "independence and union" discussed, 60; and the Con vention of 1835, 157; in North Carolina, 163. INDEX 435 Political parties, feeling in, 102 ; Whigs and Jacksonians, 144; 170; 173; 174; (see Whigs) ; (see Democrats) ; 175; 180; 239; 241; 281; 281- 8; 295-6; breaking up, 325; and railroads, in N. C., 347; 349; 363; 364; 365; 368; 381-2. Polk, Gen., of Rowan, 170. Polk, President, 25; 29; 276; 279-80. Population, of North Carolina, 56-7; 58; of cities in 1821, 64; 68; negro, 88-9; 106-7; 212. Port, for North Carolina, 45; 50; 53-4; (see Beaufort); (see Wilmington) ; 185. Portsmouth and Norfolk lines, 177; (see Railroads). Presbyterians, in Guilford county, 38. Presidential Candidates, Whig, 1848, 284. Presidential nominations, mode of, 81. Press, of North Carolina, 141- 2. Prince William county, Va., 2. Principle or Power, in Con stitutional Convention, 156. Property representation, 155-6. Public school system (see Edu cation). Quakers and Indiana, 81. Quakers, in politics, 32 ; 35 ; 36 ; 37; 46; 47; 48; 49; 50; 51; 56; 67; (See Quaker, Revo lution, etc.); 92; 105; 118; 126; and slavery, 164; 257; 351. Quakers, and slavery, 40; 42- 3; 80-1; 87; 187; 188. Quarry railroad (see Experi mental Railroad). Queen Mary Stuart, 5. "Rachel," a remarkable negro slave, 7. Railroads, beginning of, 82-3; Piedmont trans-state line proposed, 92; and the "Carl ton Papers" of President Joseph Caldwell, 92-3-4; 96; 97; various projects, 97; "ad dress" on, 97; "Experi mental" at Fayetteville pro posed, 97; a remedy, 103; 105-106; 108-9; (see Experi mental Railroad); 119; 121; vs. water routes, 124; 126- 7; 128; 129; 130; 131-132; and Guilford county, 132; "Clinton" letters on, 132-4- 5-6; Guilford meeting, 137- 8; Wilmington and Raleigh line, 144-5; 168; other lines, 169; promotion of, 170; Wil mington & Raleigh or Wel don road, 171 ; stocks of 171-2; 172; 173; 176-177 181-2; 183; westward, 184 first railways completed, 199- 200-201; 213; 243-4; 244 245; of 1846, 277; 280; 294 295; 296; 298; 299; Gaston- Weldon link, 300, 301; 302 303; 304; 305; 306; 307; 308-^ 10; (see N. C. R. R.) ; 314 statistics of, 314; progress of, 316; political directors, 316- 17; 318; 3J9; statistics, 319 322; failures of, 344; sue cess of, in N. C, 344; 347 348; 350; 408; (see Danville Link) ; 411. Raleigh, 64; and Railroads, 145; (see Railroads) ; 186. Raleigh and Gaston Railroad, 169; 170; 171; 172; 177; trains on, 183-4; 186; 187; first train of, in Raleigh, 200- 201; 213; 242-3; 244; 278; 294; 314. Ransom, M. W., 372. "Regulators," 13; 38. Reid, David Settle, 37; 308; 372. Republican party, 337; (see Re publican-Abolitionist) ; (see "Black Republican"). "Republican," principles, 186 ; name used by both parties, 324. Repudiation, 254-5. Revolution, The (see Conti nental Congress). Richmond & Danville R. R., completion of, 322; (see Danville link). "Rip Van Winkle," epithet, 107. Roanoke, Danville & Junction R. R., 172. Roanoke Valley, 1; 2; and Norfolk trade, 43; and Dan 436 INDEX population, 57; and federal leaders, 60 ; 98-9 ; as railroad objection, 105; canal at rapids of, 106; 110-11; 124; 169; 183. Rockingham county, name and character, 36. Ruffin, Thomas, 31 ; 33 ; 372 ; 391-2. Rush, Dr. Benjamin, 13. Salisbury Convention (rail road), 300. San Domingo and free negroes, 165. Saunders, Romulus M., 186; 199; canvas by, 201-2-3^-5- 6-7-8-9; 303; 309. Sauro Indians, 8. Schools, common, 187 (see Education). Scotch and Scotch-Irish, in Guilford county, 37. Scott & Graham, nomination of, 314. Sea-to-Tennessee railroad, 93. Seawell, Judge Henry, 33 ; 34. Secession, 309; 310; 311; 313; (see "Old Line Whig" Con vention, Baltimore) ; 364; 368; 369; 370; 387; 389-90. Senate and Commons ratio, 157. Settie, Thomas, 10-11; 36. Settlers, in North Carolina, 56. Sheppard's Point, 133; 315; (see Morehead City) ; Shep pard's Point Land Company, 339. Sherman, John, 364. Slavery, in Guilford county, 39. Slaves, trade in North Caro lina, 91 ; status of discussed in convention of 1835, 157; and early Abolitionism, 168; population in 1840, 212. Smith, Mrs. (Rev.) J. Henry, paper by, 408. Song, a North Carolina, of 1861, 387-8. South Carolina, 370. Southern Railway, the, 313; (see N. C. R. R). "Southern Rights Party," Goldsboro, N. C, in 1861; 388. Spaight, Richard Dobbs, Jr., 101; 155. Spray, N. C, 9; 103. Standard, Raleigh, 182. Stanly, Hon. Edward, 276. Stanly, John, Speaker, 85. "Stars and Stripes," carried in 1861, in N. C, 391. State Bank, 43 (see Finance). State 'Capitol of 1794; 63-4; (see Capitol). State Convention of N. C, of 1860-61, 371; 391. State Fair (see Industrial Con vention). State Senators, and freehold vote, 293. State's natural four divisions, 74. Statistics, on North Carolina, 46-7-8; population in 1860, 374-5. "Station" and "depot," 320. Statue of Washington, 66; 74- Stokes, Gen. Mountfort, 101. Strange, Judge, 175. Sub-Treasury system, 181 ; re peal of, 220; 276. Supreme Court, and Superior Court, 32; 33. Swaim, Lyndon, editor, sketch by, 77-8. Swain, David L., Assembly leader, 85; 124; 128; in Con stitutional Convention, 153, ct seq.; 182; 183; 187; 300; 301; 372; 373; 374-5; 409. Swamp land reclamation, 85; 128; 221. Swarthmore (Pa.) quarry rail road, earliest, 83. Swiss settlements, 56. Tariff, 258-9-60. Taylor, Chief Justice John Louis, 32. Taylor, General, victories of, 279; as Presidential candi date, 279; 281; 284; nomina tion of, 285; 281-8; notifica tion of, 288-9; 290-1-2-3. Tennessee, 57 ; 67-8. Texas, 175; 276. Thompson, of Kecoughtan, 3. Toomer, Judge John D., 33. Trade Centers, 45. Transportation, 45 (see Rail roads) ; rail vs. water, 124; 187. Tryon, Governor, 13. INDEX 437 Turner, Keren-happuch (Nor man), monument to, 6. Turnpikes, 247. Tyler, John, candidate, 171; defection of, 220; 376. Union sentiment, 364; 365; 369; in counties, 369; 387. University of North Carolina, 14; early courses in, 19; and Caldwell's School compared, 19-20; described, 20-21; edu cational theories in, 22; de scribed in 1812, 23; under President Chapman, 24-5 ; customs of, 25-26; outbreak of students in, 26 ; "societies" in, 27; faculty of 1817, 28; prominent trustees of, 104; 252. United States Bank (see Bank of United States). United States Bank of Penn sylvania, 219. Van Buren, President, 181. Vance, Gov., 400. Venable, Hon. A. W., and secession, 311 ; 369. Virginia, influence of, ¦ 106. Walker, Wm. R., 282; Mrs., striking paper of, 401-8. War's closing scenes, in North Carolina, 404, et seq. Washington (Madison, Mon roe & Marshall) birthplace of, 2; 4. Washington Monument, 173 ; 300. Water front of North Carolina (see "Lost Atlantis"). Waynesboro (see Goldsboro). Webster, Daniel, 279. Weldon, a railroad terminal 105-6; link to Gaston, 244, 314. West vs. East, 58; 59; 60; 61; 67-8; 75; 81; 82; 88; 89; 96; 106; 109-110; 118; 119; 130; 140-41; 145; 149; 150; 155; 156; 157; 158; 162; and Pennsylvania, 163 ; 165 ; 168 ; 173; 174; 175; 177; 183; 186; 187; 196; 217-18; 294, et seq.; 345-362. Western Railroad (Fayette ville), 320. Whigs of 1834, and 1776, 144 145; 148; 168; 170; 171; 173 174; (see PoUtical Parties), leaders, 175; 180; convention of, 180-181; 182; 185; 186; 187; 188; 189-90; 191-2-3- 4-5 ; Morehead's leadership of, 199; song of, 207-8; State success of, 209-10 ; song, 210- 11; National success of, 212; misfortunes, 220; resignation in Tyler's Cabinet, 220; 223 Convention of (State), 223. address of Gov. Morehead, 225-7 ; and North Carolina, 239; 269; 273; 278; 279; 280 ; and Philadelphia Convention 281-2-^-4-5-6-7-8-9-90-1-2 294, et seq.; 307; 308; 314 319; 321; 324; 325; 326-35 335-7; 345-9; 363; 365. White, Judge Hugh L., 148-9 170; 171; 173; 199. Wiley, Calvin H., 281 ; 314 Willing, Thomas, head of bank of the nation, 179; 180. Wilmington (see Wilmington & Raleigh R. R.) ; and other ports compared, 185; 359. Wilmington and Manchester R. R., 302; 320. Wilmington and Raleigh rail road (see Railroads), 171 172; 173; 176; 181-2; 200 201; 213; 243; 296; 297; 301 314; 347; 359; 366; 369; 400. Wilson, James, of Philadel phia, 59-60; 74; as chief father of the National Con stitution, 163; and finance, 179. Worth, Rev. Daniel, 364. Worth, Governor Jonathan, 410. Yancey, Bartiett, 31. Yarborough Hotel, Raleigh, 279. Yorktown, 39. YALE UNIVERSITY a3J002 0 02 3 5809 2b !i!;ip Vrll! ;iii: ;'!'i;-'' l|;!;ii!;ihp'iiiii!;Piili|i|ji !it|'; / ; ¦'. ..'¦11 1;. ,;'iVii;'.'' ' !'' m . [if"';! >s-t, ¦ m