8. What is said of the memorable convention of 1835? What changes were made in the Constitution?

9. What was the majority of the votes given to the amendments?

Who was the last Governor selected by the Legislature?

10. What two candidates were before the people in 1836? Who was the first Governor elected by the people?

13. How had the Northern States acted in regard to slavery?

What checked the liberal spirit of the South concerning slavery?

CHAPTER XLVII.

INTERNAL IMPROVEMENTS--THE COURTS AND THE BAR.

A. D. 1836.

There had been many changes effected among the people of North Carolina by the lapse of time when the year 1836 came in.

Bartlett Yancey, the two Drs. Caldwell and Archibald Henderson were all dead, and their places filled by other men. Cotton was becoming more and more widely cultivated, and, year by year the value of slave property was increasing by reason of the profits realized in the cultivation of this great Southern staple.

2. The Dismal Swamp Canal was at last ready for traffic between the Albemarle country and Norfolk, in the State of Virginia. A change was soon apparent in the trade of the towns thus connected by a new watercourse with the outer world. The dangerous voyages through the inlets and out into the ocean were by degrees abandoned, and almost all direct trade with the West Indies ceased.

3. The first railway charter given in North Carolina was that of the Petersburg Railroad. This was in 1830, and was followed, two years later, by that of the Portsmouth and Roanoke route. Soon after, Governor Dudley and others organized the Wilmington Railroad, leading to Weldon, the same terminus fixed for the others. This was for some time the longest single line in the world.

4. A few lines had been constructed in the United States prior to these, but they were among the pioneer works of the vast network of railways now seen in every portion of the Republic. Wonderful changes have taken place in the travel and traffic of the States.

The vast extent of the national territory once presented to wise observers of our institutions a bar to any unity of thought and interest; but steam and electricity have triumphed over space, and the Republic, in 1882, is far more compact and its parts greatly more accessible than were the Atlantic States in 1787.

5. In just a half century the iron lines, beginning at the sea, have reached and pierced the mountain barriers of Western North Carolina. From State to State rush the tireless ministers of our wealth and pleasure. Instead of the wagon toiling slowly in the rear of weary axemen, we see the long and well-appointed railroad train sweep by with the speed of the hurricane, bearing the wealth of States, and doing more in the course of twenty-four hours to diffuse civilization and luxury than our ancestors could have accomplished in as many years.

6. The Baptist churches of the greater portion of North Carolina, in 1830, formed what they called a "State Convention" and organized for missionary and other purposes. This important movement resulted in a great improvement to this denomination, for out of this combination learned periodicals, new churches and many colleges and schools were to have their origin.

7. Among public men of that day, Judge Willie P. Manguni, of Orange, held a distinguished position. His brilliant eloquence and gracious demeanor secured his election in 1830, over Governor John Owen, to the United States Senate. In this distinguished body he remained long and became highly influential. A personal difficulty came near resulting in a duel between these two gentlemen, but it was amicably settled. Governor Owen was no further in public life, except to preside over the convention which nominated Harrison and Tyler for the chief executive offices of the United States in 1840.

8. Upon the death of Chief Justice Taylor, in 1829, the legal profession lost one of its greatest ornaments. His strong natural understanding was further improved by his learning; but in addition to this, he possessed qualities which peculiarly fitted him for framing the practice and precedents of a new tribunal. He was an eminently wise and just man, and well deserved to be called the "Mansfield of North Carolina."

9. Upon Judge Taylor's death, Leonard Henderson became Chief- Justice, and Judge J. D. Toomer, Associate-Justice. The latter only remained a member of the Court a few months, and having resigned, was succeeded by Thomas Ruffin, of Orange. No one in our history has brought higher judicial qualities to the bench than were seen in Judge Ruffin. Deep learning, wide grasp and luminous statement soon made him respected both at home and abroad.

10. Upon the death of Chief-Justice Henderson, in 1833, William Gaston, of Craven, was elected to the Supreme Court. The Court was then composed of Chief-Justice Thomas Ruffin, Joseph J.

Daniel and William Gaston, Associates; and was unequaled in America as a legal tribunal. Judge Daniel was able, learned and upright; and in Gaston nature had combined her highest gifts.

His Roman Catholic creed was not shared by many people of the State, but such were the purity and usefulness of his life, that no man of his time was more beloved or trusted.

11. The Judges of the Superior Courts were also men of integrity and ability. Henry Seawell, who was a powerful advocate in the courts, and had twice been clothed with the judicial ermine, had recently died, and the different circuits were then presided over by Thomas Settle, of Rockingham; R. M. Saunders, of Wake; John M.

T. Dick, of Guilford; John L. Bailey, of Pasquotank, and Richmond M. Pearson, of Rowan.

12. The Bar of North Carolina was never more respected for the learning and eloquence of its members than at the period now reached in this narrative. Gavin Hogg, Peter Browne and Judge Duncan Cameron were all men of renown. They were possessed of large fortunes and left names of unsullied honor.

13. Judge Badger, B. F. Moore, Thomas Bragg, and W. N. H. Smith, were all in full practice before the courts, and were the peers of Iredell, Davie and Archibald Henderson of former days. It is impossible to overestimate the influence for good or evil which has been and ever will be exerted by the lawyers in a free land.

They are the sentinels and conservators of public liberty, and, next to the clergy, improve or impair the morality of the masses.

QUESTIONS.

1. What changes were noticed in North Carolina in 1836? What is said of cotton and slave property?

2. What canal had been completed? How did it benefit that section?

3. What is said of the railway charters?

4. In what condition were railroads at this time?

5. What is said of the present means of travel?

6. What religious convention had been formed in 1730?

7. What public man is now mentioned, and what is said of his abilities?

8. What mention is made of Chief-Justice Taylor?

9. What changes were made in the Supreme Court? What is said of Judge Thomas Ruffin?

10. Who succeeded Judge Henderson? Who composed the Supreme Court in 1833?

11. Can you name some of the Judges, of the Superior Court?

12. What is said of the Bar at this period?

13. How is the influence of lawyers always felt in a community?

CHAPTER XLVIII.

ORIGIN OF THE PUBLIC SCHOOLS.

A. D. 1837 TO 1842.

It will be remembered that in 1767 the first school was incorporated by the Legislature of North Carolina, by the act in favor of the academy at New Bern. In this, and subsequent legislation for schools at Edenton and elsewhere, it had provided that the teachers should all be communicants of the Church of England. This stipulation was, of course, part of the English Church and State system of government.

2. When, just previous to the outbreak of the Revolutionary war, the founders of the "Queen's Museum," at Charlotte, a school so named in honor of the queen of England, asked incorporation of the Colonial General Assembly, it was not granted, for the reason that this institution was Presbyterian, both as to trustees and faculty. Up to that period dissenting ministers had not been allowed any legal recognition, and it was considered a great concession that the Presbyterian clergy were allowed to officiate at marriages.

3. During the Revolution (in 1777) the useful seminary at Charlotte was first legally chartered as "Liberty Hall." It was in no way sustained by or connected with the State, but was to the Presbytery of Orange what Davidson College is now to the, Synod of North Carolina, and was sustained solely by the contributions and patronage of private citizens. Indeed, this had been the case all along with the chartered schools of New Bern and Edenton.

4. In 1776, when the convention at Halifax framed the first Constitution for the State, among the leading ordinances of that instrument was that for the State's active aid to the education of the people. With this clause in the Constitution which they all swore to uphold, the legislators had done nothing so far, except to provide, in 1790, for the establishment of the University at Chapel Hill. *

*Section 41 of the Halifax Constitution declared "that a school or schools shall be established by the Legislature for the convenient instruction of youth, with such salaries to the masters, paid by the public, as may enable them to instruct at low prices. All useful learning shall be duly encouraged and promoted in one or more universities."

5. This disregard of their organic law, on the part of those constituting the State government, was deeply regretted by many wise and good men. But only a few dared to encounter the opposition to taxation for popular education. Governors Johnston and Davie in former days, and Judge Murphy and Bartlett Yancey of later times, had been strenuous for a larger compliance with the terms of the State Constitution, but the members of the several Legislatures, fearful of incurring popular displeasure, or for other reasons, had held back.