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SAMUEL  JOHNSTON 


GOVERNOR  OF 
NORTH  CAROLINA 

1787-1789 


R.  D.  W.  CONNOR 

Socrotary  of  the  North  Carolina 
Tlistorical  Commisaion 


SAMUEL  JOHNSTON 

Governor  of  North  Carolina 
1787-1789 


'^PYJO^ 


.  y 

R.  D.  W.^'CONNOR 

M 

Secretary  of  the  North  Carolina 
Historical  Commission 


Raleigh 
Edwardb  &  Brocohton  Pristino  Company 

1912 


D 


F"2  5  8 


In  Ffxchanga 
SEP  2  7    1933 


I  SAMUEL  JOHNSTON 


5^ 


Governor  of  North  Carolina 


Bt  R.  D.  W.  CONNOR. 
Secretary  of  the  North  Carolina  Historical  Commission. 


On  tbo  east  coast  of  Scotland,  twelve  miles  from  the  con- 
fluence of  the  Firth  of  Tay  with  the  German  Ocean,  lies  the 
ancient  town  of  Dundee,  in  population  third,  in  commercial 
importance  second  among  the  cities  of  Scotland.  The  gen- 
eral appearance  of  Dundee,  we  are  told,  is  picturesque  and 
pleasing,  and  its  surrounding  scenery  beautiful  and  inspiring. 
Thrift,  intelligence,  and  independence  are  characteristics  of 
its  inhabitants.  It  is  noted  for  its  varied  industrial  enter- 
prises, and  from  time  immemorial  has  been  famous  among  the 
cities  of  Britain  for  its  extensive  linen  manufactures.  A  long 
line  of  men  eminent  in  war,  in  statecraft,  in  law,  and  in  let- 
ters adorns  its  annals.  Its  history  carries  us  back  to  the  time 
of  the  Crusades.  In  the  twelfth  century  it  received  a  charter 
from  the  hand  of  William  the  Lion.  Within  its  walls  Wil- 
liam Wallace  was  educated,  and  there  he  struck  his  first  blow 
against  the  domination  of  England.  In  the  great  Reforma- 
tion of  the  sixteenth  century  its  inhabitants  took  such  an 
active  and  leading  part  as  to  earn  for  their  town  the  appella- 
tion of  "the  Scottish  Geneva."  During  the  civil  wars  of  the 
following  century  they  twice  gave  over  their  property  to  pil- 
lage and  themselves  to  massacre  rather  than  submit  to  the 
tyranny  of  the  House  of  Stuart.  But  in  every  crisis  the  in- 
domitable spirit  of  Dundee  rose  superior  to  disaster  and  her 
people  adhered  to  their  convictions  with  a  loyalty  that  never 
faltered  and  a  faith  that  never  failed.^ 

'An  address  delivered  before  the  Grand  Lo<l(!c  of  Masons,  in  the  Masonic  Temple, 
RaleiKh,  January  10,  1912,  upon  the  presentation  to  the  .State  by  the  Orand  LodRC  of  a 
marble  buat  of  Governor  Samuel  Johnston,  first  Grand  Master  of  Masons  of  North  Carolina. 

'Encyclopedia  Britannica,  9th  cd.,  VII,  534-36. 


4  Samuel  Johnstox. 

In  this  fine  old  city,  among  its  true  and  loyal  people,  the 
ancestors  of  Samnel  Johnston  lived,  and  here,  in  1733,  be 
himself  was  born.^  The  spirit  of  Dundee,  its  loyalty  to  prin- 
ciple, its  unconquerable  courage,  and  its  inflexible  adherence 
to  duty,  entered  into  his  soul  at  his  very  birth,  and  developed 
and  strengthened  as  he  grew  in  years  and  in  powers  of  body 
and  mind.  Throughout  his  life  he  displayed  in  public  and 
in  private  affairs  many  of  those  qualities  of  mind  and  char- 
acter which  have  given  the  Scotch,  though  small  in  number, 
such  a  large  place  in  the  world's  history.  Says  Mr.  Henry 
Cabot  Lodge,  "six  centuries  of  bitter  struggle  for  life  and  in- 
dependence, waged  continuously  against  nature  and  man,  not 
only  made  the  Scotch  formidable  in  battle,  renowned  in  every 
camp  in  Europe,  but  developed  qualities  of  mind  and  charac- 
ter which  became  inseparable  from  the  race.  *  *  * 
Under  the  stress  of  all  these  centuries  of  trial  they  learned 
to  be  patient  and  persistent,  with  a  fixity  of  purpose  which 
never  weakened,  a  tenacity  which  never  slackened,  and  a  de- 
termination which  never  wavered.  The  Scotch  intellect, 
jiassing  through  the  same  severe  ordeals,  as  it  was  quickened, 
tempered,  and  sharpened,  so  it  acquired  a  certain  relentless- 
ness  in  reasoning  which  it  never  lost.  It  emerged  at  last  com- 
plete, vigorous,  acute,  and  penetrating.  With  all  these  strong 
qualities  of  mind  and  character  was  joined  an  intensity  of 
conviction  which  burned  beneath  the  cool  and  calculating 
manner  of  which  the  stern  and  unmoved  exterior  gave  no 
sign,  like  the  fire  of  a  furnace,  rarely  flaming,  but  giving 
forth  a  fierce  and  lasting  heat."  *  Had  the  author  of  these 
fine  lines  had  the  character  of  Samuel  Johnston  in  his  mind's 


'McRee  says  December  15,  1733. — Life  and  Correspondence  of  James  Iredell,  I,  37.  John- 
ston himself  writing  to  his  sister,  Mrs.  Iredell,  January  24,  1794,  says:  "Yesterday 
finished  my  sixty-first  birthday."— Ms.  letter  in  C.  E.  Johnson  Mss.  Collections  of  the  North 
Carolina  Historical  Commis.sion.  But  Samuel  Johnston,  Sr.,  writing  to  Samuel  Johnston, 
Jr.,  in  a  letter  dated  ' '  Newborn,  17th,  17.54,"  month  omitted,  says: ' '  I  give  you  joy  of  your 
being  of  age  last  Sunday."— Copy  of  letter  in  Collections  of  the  N.  C.  Hist.  Com.  Original 
in  the  library  at  ' '  Hayes." 

^Address  in  the  United  States  Senate,  March  12,  1910,  at  the  presentation  to  the  United 
States  bv  the  Stat«  of  South  Carolina  of  a  statue  of  John  C.  Calhoun. 


Sa.mukl  Juii.n>t()N.  5 

eye,  as  he  did  have  that  of  another  eminent  Scotch-descended 
Carolinian,  his  description  could  not  have  been  more  accu- 
rate. 

In  the  great  crises  of  our  history  in  which  he  figured  so 
largely,  immediately  preceding  and  immediately  following 
the  American  Revolution,  Samuel  Johnston,  with  keen  pene- 
trating vision,  saw  more  clearly  than  any  of  his  colleagues 
the  true  nature  of  the  problem  confronting  them.  This  prob- 
lem was,  on  the  one  hand,  to  preserve  in  America  the  funda- 
mental principles  of  English  liberty  against  the  encroach- 
ments of  the  British  Parliament,  and  on  the  other,  to  secure 
the  guarantees  of  law  and  order  against  the  well-meant  but 
ill-considered  schemes  of  honest  but  ignorant  refonners.  For 
a  full  quarter  of  a  century  he  pursued  both  of  these  ends,  pa- 
tiently and  persistently,  "with  a  fixity  of  purpose  which  never 
weakened,  a  tenacity  which  never  slackened,  and  a  determina- 
tion which  never  wavered."  IN^either  the  wrath  of  a  royal 
governor,  threatening  withdrawal  of  royal  favor  and  depriva- 
tion of  office,  nor  the  fierce  and  unjust  denunciations  of  party 
leaders,  menacing  him  with  loss  of  popular  support  and  de- 
feat at  the  polls,  could  swerve  him  one  inch  from  the  path  of 
the  public  good  as  he  understood  it.  Beneath  his  cool  and 
calculating  manner  burned  "an  intensity  of  conviction"  which 
gave  him  in  the  fullest  degree  that  rarest  of  all  virtues  in  men 
who  serve  the  public — I  mean  courage,  courage  to  fight  the 
battles  of  the  people,  if  need  be,  against  the  people  themselves. 
Of  course  Johnston  never  questioned  the  right  of  the  people 
to  decide  public  affairs  as  they  chose,  but  he  frequently 
doubted  the  wisdom  of  their  decisions ;  and  when  such  a 
doubt  arose  in  his  mind  he  spoke  his  sentiments  without  fear 
or  favor  and  no  appeal  or  threat  could  move  him.  He  was 
ready  on  all  such  occasions  to  maintain  his  p(x<itions  with  a 
"relentlessness  in  reasoning"  that  carried  conviction  and  out 
of  defeat   invariably  wrung  ultimate  victory.     More   than 


6  Samuel  Johnston. 

once  in  his  ])nblic  career  the  people,  when  confronted  by  his 
immovable  will,  in  fits  of  party  passion  discarded  his  leader- 
ship for  that  of  more  compliant  leaders ;  but  only  in  their 
calmer  moments  to  tnrn  to  him  again  to  point  the  way  out 
of  the  mazes  into  which  their  folly  had  entangled  them. 

A  Scotchman  by  birth,  Samuel  Johnston  was  fortunate  in 
his  ancestral  inheritance ;  an  American  by  adoption,  he  was 
equally  fortunate  in  his  rearing  and  education.  In  early  in- 
fancy^ his  lot  was  cast  in  ISForth  Carolina,  the  most  demo- 
cratic of  the  American  colonies,  and  whatever  tendency  this 
fact  may  have  given  him  toward  democratic  ideals  was  later 
strengthened  by  a  Xew  England  education  and  by  his  legal 
studies.^  At  the  age  of  twenty-one  he  became  a  resident  of 
Edenton,  then  a  small  village  of  four  or  five  hundred  inhabi- 
tants, but  the  industrial,  political,  and  social  center  for  a 
large  and  fertile  section  of  the  province.  Its  leading  inhabi- 
tants were  men  and  women  of  wealth,  education,  and  culture. 
Their  social  intercourse  was  easy,  simple,  and  cordial.  Cards, 
billiards,  backgammon,  dancing,  tea  drinking,  hunting,  fish- 
ing, and  other  outdoor  sports,  were  their  chief  amusements. 
They  read  with  appreciative  insight  the  best  literature  of  the 
day,    made    themselves    familiar    with    the    philosophy    of 


^In  his  third  year.  His  parents,  Samuel  and  Helen  (Scrymoure)  Johnston  came  to 
North  Carolina  some  time  prior  to  May  25,  1735. — Colonial  Records  of  North  Carolina, 
IV,  9.  They  probably  accompanied  Samuel's  brother,  Gabriel,  who  become  governor  of 
the  colony,' November  2,  1734.  McRee  incorrectly  gives  the  name  of  CJovernor  Samuel 
Johnston's  father  as  John.— Iredell,  I,  36.  Letters  of  his  at  ' '  Hayes"  show  that  his  name 
was  Samuel.  See  also  Cirimes:  Abstracts  of  North  Carolina  Wills,  187,  188;  and  Col.  Rec. 
IV,  lOSO,  1110.  He  resided  in  Onslow  county,  but  owned  large  tracts  of  land  not  only  in 
Onslow,  but  also  in  Craven,  Bladen,  New  Hanover,  and  Chowan.— Col.  Rec,  IV,  72,  219, 
222,  329,  594,  601,  628,  650,  800,  805,  1249.  He  was  a  justice  of  the  peace  in  New  Hanover, 
Bladen,  Craven,  and  Onslow.— Col.  Rec,  IV,  218,  275,  346,  347,  814,  1239.  He  served  also  as 
collector  of  the  customs  at  the  port  of  Brunswick.- Col.  Rec,  IV,  395,  725,  998,  1287;  and  aa 
road  commissioner  for  Onslow  county.  State  Records,  XXIII,  221.  His  will,  dated  No- 
vember 13,  1756,  was  probated  in  January,  1757.— Abstracts,  188.  His  wife  having  died  of 
child-birth  in  1751  (letter  to  his  son),  his  family  at  the  time  of  his  death  consisted  of  two  sons, 
Samuel  and  John,  and  five  daughters,  Jane,  Penelope,  Isabelle,  Ann,  and  Hannah.  To 
his  sons  he  devised  6,500  acres  of  land,  and  to  his  daughters  land  and  slaves.— Abstracts, 
188. 

sGovernor  Josiah  Martin,  writing  of  Johnston,  to  Lord  George  Germain,  May  17,  1777, 
says;  "This  Gentleman,  my  Lord,  was  educated  in  New  England,  where  *  *  *  it 
may  be  supposed  he  received  that  bent  to  Democracy  which  he  has  manifested  upon  all 
occasions."— Col.  Rec,  X,  401.  Letters  from  his  father,  addressed  to  him  while  he  was  at 
school  in  New  Haven,  Conn.,  bear  dates  from  1750  to  1753.  I  have  not  been  able  to  ascer- 
tain what  school  he  attended.  In  1754  he  went  to  Edenton  to  study  law  under  Thomas 
Barker. 


Sam  IK  J,  .l(iii.N>i<».\.  7 

the  Spectator  and  the  Tatler,  and  followed  with  synipa- 
thetic  interest  the  fortunes  of  Sir  Charles  Grandison  and 
Clarisj^a  Ilarlowe.  They  kept  in  close  touch  with  political 
events  in  England,  studied  critically  the  Parliamentary  de- 
bates, and  among  themselves  discussed  great  constitutional 
questions  with  an  ai3ility  that  would  have  done  honor  to  the 
most  learned  lawyers  of  the  Inner  Temj)le/  Within  the 
town  and  its  immediate  vicinity  dwelt  John  llarvey,  Joseph 
Hewes,  Edward  Buncombe,  Stephen  CabaiTus,  and,  after 
1768,  James  Iredell.  Preceding  Iredell  by  a  little  more  than 
a  decade  came  Samuel  Johnston,  possessed  of  an  ample  for- 
tune, a  vigorous  and  penetrating  intellect,  and  a  sound  and 
varied  learning,  which  soon  won  for  him  a  place  of  preemi- 
nence in  the  province.  "He  bore,"  says  McRee,  "the  greatest 
weight  of  care  and  labor  as  the  mountain  its  crown  of  granite. 
His  powerful  frame  was  a  fit  engine  for  the  vigorous  intellect 
that  gave  it  animation.  Strength  was  his  characteristic.  In 
his  relations  to  the  public,  an  inflexible  sense  of  duty  and 
justice  dominated.  There  was  a  remarkable  degree  of  self- 
reliance  and  majesty  about  the  man.  His  erect  carriage  and 
his  intolerance  of  indolence,  meanness,  vice,  and  wrong,  gave 
to  him  an  air  of  sternness.  He  commanded  the  respect  and 
admiration,  but  not  the  love  of  the  people."  *  At  Edenton, 
surrounded  by  a  group  of  loyal  friends,  Johnston  entered 
upon  the  practice  of  his  profession  and  in  1759  began  a  pub- 
lic career  which,  for  length  of  service,  extremes  of  political 
fortime,  and  lasting  contributions  to  the  welfare  of  the  State, 
still  stands  unsurpassed  in  our  history." 


'Sec  the  picture  of  Edenton  society  drawn  by  James  Iredell  in  his  diary,  printed  in  Mc- 
Ree's  Iredell. 

•Iredell,  I,  ^7-ZS. 

•He  was  twelve  times  elected  to  the  Cieneral  Assembly,  serving  from  17.59  to  1775,  inclusive. 
On  April  2.5,  176S,  he  was  appointed  Clerk  of  the  Coiirt  for  the  IMonton  District.  In  1770 
he  was  appointed  Deputy  N'aval  Officer  of  the  province,  but  w.ia  removed  by  CIov.  Martin, 
Nov.  16,  1775,  on  account  of  his  activity  in  the  revolutionary  niovenicnt.  Dec.  S,  1773,  ho 
wa«  selected  as  one  of  the  Committee  of  Continental  Correspondence  appointed  by  the  (ien- 
eral  Assembly.  He  served  in  the  first  four  Provincial  ConcTes.>«?9.  which  met  Aur.  25,  1774, 
April  3,  1775.  AuR.  20,  1775,  and  April  4.  1776.  Of  the  third  and  fourth  he  was  elected  Presi- 
dent.   The  Congress,  Sept.  8,  1775,  elected  him  Treasurer  for  the  Northern  District.    .Sept. 


8  Samuel  Johnston. 

Johuston's  public  career  covered  a  period  of  forty-four 
years  and  embraced  every  branch  of  the  public  service.  As 
legislator,  as  delegate  to  four  provincial  congresses,  as  presi- 
dent of  two  constitutional  conventions,  as  member  ot  the 
Continental  Congress,  as  judge,  as  governor,  as  United  States 
Senator,  he  rendered  services  to  the  State  and  I^ation  which 
rank  him  second  to  none  among  the  statesmen  of  North  Caro- 
lina. Time  does  not  permit  me  today  to  dwell  on  all  these 
points  of  his  career,  and  I  must  content  myself  with  inviting 
your  attention  to  his  services  in  just  three  of  the  great  crises 
of  our  history :  First,  in  organizing  the  Ec volution  in  North 
Carolina ;  second,  in  framing  the  first  state  constitution ; 
third,  in  the  ratification  by  North  Carolina  of  the  Constitu- 
tion of  the  United  States. 

You  are  of  course  familiar  with  the  principal  events  which 
led  up  to  the  outbreak  of  the  Revolution.  Johnston  watched 
the  course  of  these  events  with  the  keenest  interest  and  the 
most  profound  insight.  By  inheritance,  by  training,  and  by 
conviction  he  was  a  conservative  in  politics.  He  clung  tena- 
ciously to  the  things  that  were  and  viewed  with  apprehen- 
sion, if  not  with  distrust,  any  tendency  of  those  in  power  to 
depart  from  the  beaten  path  marked  out  by  time  and  experi- 
ence. It  was  not  to  be  expected,  therefore,  that  he,  holding 
the  principles  of  the  British  Constitution  in  great  reverence, 
would  look  with  favor  upon  departures  from  those  principles 
so  radical  as  those  proposed  by  the  British  Ministry.  It  has 
frequently  been  pointed  out  that  in  the  American  Revolution 

9,  1775,  he  was  selected  as  the  member-at-large  of  the  Provincial  Council, the  executive  body 
of  the  revolutionary  government.  The  Provincial  Council,  Oct.  20,  1775,  elected  him  Pay- 
master of  Troops  for  the  Edenton  District.  Dec.  21,  1776,  he  was  appointed  by  the  Provin- 
cial Congress  a  commissioner  to  codify  the  laws  of  the  State.  In  1779,  1783,  1784  he  repre- 
sented Chowan  county  in  the  State  Senate.  The  General  Assembly,  July  12,  1781,  elected 
him  a  delegate  to  the  Continental  Congress.  In  1785  the  States  of  New  York  and  Massa- 
chusetts selected  him  as  one  of  the  commissioners  to  settle  a  boundary  line  dispute  between 
them.  He  was  three  times  elected  Governor  of  North  Carolina,  Dec.  12,  1787,  Nov.  11,  1788, 
and  Nov.  14,  1789.  He  resigned  tiie  governorship  in  Dec,  1789  to  accept  election  to  the 
United  States  Senate,  being  the  first  Senator  from  North  Carolina.  In  1788  and  1789  he  was 
President  of  the  two  Constitutional  Conventions,  at  Hillsboro  and  Fayetteville,  called  to 
consider  the  ratification  of  the  Federal  Constitution.  Dec.  11,  1789  he  was  elected  a  trustee 
of  the  University  of  North  Carolina.  From  1800  to  1803  he  served  as  Superior  Court  Judge. 
He  died  in  1816. 


SaMTKI,    .1  oil  NS  ton.  9 

England  and  not  America  represented  the  radical  position. 
The  Americans  lield  to  the  British  Constitution  as  they  had 
received  it  from  their  fathers,  they  protested  against  the  inno- 
vations of  the  Ministry,  and  they  went  to  war  to  consen-e  the 
])riiiciples  of  English  liberty  as  they  had  been  handed  down 
from  time  immemorial.  They  were  the  true  conservatives. 
This,  too,  was  the  point  of  view  of  such  British  statesmen  as 
Fox,  and  Pitt,  iiiid  Bnrko,  and  Rockingham.  In  this  contest, 
accordingly,  there  could  be  but  one  place  for  Samuel  John- 
ston,— inheritance,  education,  conviction,  all  carried  him  at 
once  into  the  camp  of  the  Whig  party. 

From  the  passage  of  the  Stamp  Act  in  1765  Johnston 
maintained  a  firm  and  decided  stand  against  every  step  taken 
by  the  British  ^linistry  to  subject  the  colonies  in  their  local 
affairs  to  the  jurisdiction  of  Parliament.  A  special  signifi- 
cance attaches  to  his  services.  His  birth  in  Scotland,  his 
residence  in  Xorth  Carolina,  his  education  in  Connecticut, 
his  intimate  correspondence  with  friends  in  England,  all 
served  to  lift  him  above  any  narrow,  contracted,  provincial 
view  of  the  contest  and  fitted  him  to  be  what  he  certainly 
was,  the  leader  in  North  Carolina  in  the  great  continental 
movement  which  finally  resulted  in  the  American  Union. 
Union  was  the  great  bugbear  of  the  King  and  Ministry,  and 
for  some  years  before  the  actual  outbreak  of  the  Revolution 
an  important  object  of  their  policy  was  to  prevent  the  union 
of  the  colonies.  They  sought,  therefore,  as  far  as  possible,  to 
avoid  all  measures  which,  by  giving  them  a  common  griev- 
ance, would  also  afford  a  basis  upon  which  they  could  unite. 
In  order  to  accomplish  this  purpose  more  effectively  acts  of 
Parliament  to  a  large  extent  gave  way  in  the  government  of 
the  colonies  to  instructions  from  the  King  issued  to  the  royal 
governors.  These  instructions  the  governors  were  reqnired 
to  consider  as  of  higher  authority  than  acts  of  the  assemblies 
and  as  binding  on  both  the  governors  and  the  assemblies.     A 


10  Samuel  Joiixston. 

set  was  not  framed  to  apply  to  all  the  colonies  alike,  but 
special  instructions  were  sent  to  each  colony  as  local  circum- 
stances dictated.  Since  these  local  circumstances  differed  so 
widely  in  the  several  colonies,  the  King  and  his  ministers 
thought  the  patriots  would  not  be  able  to  find  in  these  instruc- 
tions any  common  grievance  to  serv^e  as  a  basis  for  union. 

In  North  Carolina  the  battle  was  fought  out  on  three  very 
important  local  measures  which  involved  the  financial  policy 
of  the  province,  the  running  of  its  southern  boundary  line, 
and  the  jurisdiction  of  the  colonial  courts.  On  all  three  the 
King  issued  positive  instructions  directing  the  course  which 
the  Assembly  should  pursue.  Thus  a  momentous  issue  w^as 
presented  for  the  consideration  of  its  members :  Should  they 
permit  the  Assembly  to  degenerate  into  a  mere  machine  whose 
highest  function  was  to  register  the  will  of  the  Sovereign ; 
or  should  they  maintain  it  as  the  Constitution  and  their  char- 
ters intended  it  to  be,  a  free,  deliberative,  law-making  body, 
responsible  for  its  acts  only  to  the  people  ?  Upon  their  answer 
to  this  question  it  is  not  too  much  to  say  hung  the  fate  of  the 
remotest  posterity  in  this  State.  I  record  it  as  one  of  the 
proudest  events  in  our  history,  beside  which  the  glories  of 
Moore's  Creek,  Kings  Mountain,  Guilford  Court  House,  and 
even  of  Gettysburg  itself  pale  into  insignificance,  that  the 
Assembly  of  North  Carolina  had  the  insight  to  perceive  their 
problem  clearly,  the  courage  to  meet  it  boldly,  and  the  states- 
manship to  solve  it  wisely. 

"Appointed  by  the  people  [they  declared]  to  watch  over  their 
rights  and  privileges,  and  to  guard  them  from  every  encroachment 
of  a  private  and  public  nature,  it  becomes  our  duty  and  will  be  our 
constant  endeavor  to  preserve  them  secure  and  inviolate  to  the 
present  age,  and  to  transmit  them  unimpaired  to  posterity.  *  *  * 
The  rules  of  right  and  wrong,  the  limits  of  the  prerogative  of  the 
Crown  and  of  the  privileges  of  the  people  are,  in  the  present  re- 
fined age,  well  known  and  ascertained;  to  exceed  either  of  them 
is  highly  unjustifiable."  lo 


'"For  a  more  extended  account  of  thia  great  contest,  see  my  Cornelius  Harnett:  An  Es- 
say in  North  Carolina  History,  68-78. 


Samuel  Jcjhnston.  11 

Hurling  this  declaration  into  the  face  of  the  royal  governor 
the  Assembly  peremptorily  refused  obedience  to  the  royal  in- 
structions. In  this  momentous  affair  Samuel  Johnston  st<x>d 
fully  abreast  of  the  foremost  in  maintaining  the  dignity  of 
the  Assembly,  the  independence  of  the  judiciary,  and  the 
right  of  the  people  to  self-government.  With  unclouded 
vision  he  sav^^  straight  through  the  policy  of  the  King  and 
stood  forth  a  more  earnest  advocate  of  union  than  ever.  He 
urged  the  appointment  of  the  committees  of  correspondence 
throughout  the  continent,  served  on  the  Xorth  Carolina  com- 
mittee, and  favored  the  calling  of  a  Continental  Congress. 
When  John  Harvey,  in  the  spring  of  1774,  suggested  a  pro- 
vincial congress,  Johnston  gave  the  plan  his  powerful  sup- 
port,^^  and  when  the  Congress  met  at  Xew  Bern,  August  25, 
1774,  he  was  there  as  one  of  the  members  from  Chowan. 
Upon  the  completion  of  its  business  this  Congress  authorized 
Johnston,  in  the  event  of  Harvey's  death,  to  summon  another 
congress  whenever  he  should  deem  it  necessary.  No  more  fit 
successor  to  Harvey  could  have  been  found.  Johnston's  un- 
impeachable personal  character  commanded  the  respect  of  the 
Loyalists,^"  his  known  conservatism  w^as  a  guarantee  that  the 
revolutionary  program  under  his  leadership  would  be  con- 
ducted with  proper  regard  for  the  rights  of  all  and  in  an 
orderly  manner,  and  his  thorough  sympathy  with  the  spirit 
and  purposes  of  the  movement  assured  the  loyal  support  of 
the  entire  Whig  party.  How  thoroughly  he  sympathized  with 
the  whole  program  is  set  forth  in  the  following  letter  written 
to  an  English  friend  who  once  resided  in  North  Carolina : 

"You  will  not  wonder  [he  writes]  at  my  being  more  warmly  af- 
fected with  affairs  of  America  than  you  seem  to  be.  I  came  over  so 
early  and  am  now  so  riveted  to  it  by  my  connections  that  I  can  not 


"Col.  Rec.  X.  968. 

".Vrchibnld  Neilson,  a  prominent  Loyalist  whom  Gov.  Martin  appointed  Johnston's 
successor  as  Deputy  Naval  Officer,  wrote  to  James  Iredell,  July  8,  1775: '  "For  Mr.  Johnston, 
I  have  the  truc.it  e.s teem  and  reeard.  In  these  times,  in  spite  of  my  opinion  of  his  Judgment, 
in  spite  of  mystelf — I  tremble  for  him.  He  is  in  an  arduous  .-(ituation:  the  eyes  of  all — more 
especially  of  the  friends  of  order — are  anxiously  fixed  on  him." — McRcc's  Iredell,  I,  260. 


1:^  Samuel  JoHNSTOisr. 

help  feeling  for  it  as  if  it  were  my  nataJe  solum.  The  ministry  from 
the  time  of  passing  the  Declaratory  Act,  on  the  repeal  of  the  Stamp 
Act,  seemed  to  have  used  every  opportunity  of  teasing  and  fretting 
the  people  here  as  if  on  purpose  to  draw  them  into  rebellion  or  some 
violent  opposition  to  Government.  At  a  time  when  the  inhabitants 
of  Boston  were  every  man  quietly  employed  about  their  own  private 
affairs,  the  wise  members  of  your  House  of  Commons  on  the  au- 
thority of  ministerial  scribbles  declare  they  are  in  a  state  of  open 
rebellion.  On  the  strength  of  this  they  pass  a  set  of  laws  which 
from  their  severity  and  injustice  can  not  be  carried  into  execution 
but  by  a  military  force,  which  they  have  very  wisely  provided,  being 
conscious  that  no  people  who  had  once  tasted  the  sweets  of  freedom 
would  ever  submit  to  them  except  in  the  last  extremity.  They  have 
now  brought  things  to  a  crisis  and  God  only  knows  where  it  will 
end.  It  is  useless,  in  disputes  between  different  countries,  to  talk 
about  the  right  which  one  has  to  give  laws  to  the  other,  as  that 
generally  attends  the  power,  though  where  that  power  is  wantonly  or 
cruelly  exercised,  there  are  instances  where  the  weaker  State  has 
resisted  with  success;  for  when  once  the  sword  is  drawn  all  nice 
distinctions  fall  to  the  ground;  the  difference  between  internal  and 
external  taxation  will  be  little  attended  to,  and  it  will  hereafter  be 
considered  of  no  consequence  whether  the  act  be  to  regulate  trade 
or  raise  a  fund  to  support  a  majority  in  the  House  of  Commons.  By 
this  desperate  push  the  ministry  will  either  confirm  their  power  of 
making  laws  to  bind  the  colonies  in  all  cases  whatsoever,  or  give  up 
the  right  of  making  laws  to  bind  them  in  any  case."  is 

This  is  a  very  remarkable  letter.  Consider  first  of  all  its 
date.  It  was  written  at  Edenton,  September  23,  1774.  At 
that  time  the  boldest  radicals  in  America,  even  such  men  as 
Samnel  Adams,  of  Massachusetts;  Patrick  Henry,  of  Vir- 
ginia ;  Cornelius  Harnett,  of  North  Carolina,  scarcely  dared 
breathe  the  word  independence.  But  here  is  Samuel  John- 
ston, most  couserA^ative  of  revolutionists,  boldly  declaring  that 
the  contest  between  England  and  her  colonies  was  a  dispute 
''between  different  countries,"  and  threatening  an  appeal  to 
arms  to  decide  whether  the  British  Parliament  should  make 
laws  ''to  bind  the  colonies  in  all  cases  whatsoever,"  or  be 
compelled  to  surrender  "the  right  of  making  laws  to  bind 


»To  Alexander  Elmsley,  of  London. — Col.  Rec,  IX,  1071. 


Sa.mlkl  'Ioiixstox.  13 

tliom  ill  any  case."  The  man  who  ventured  this  hold  declara- 
tion was  no  unknown  individual,  safe  from  ministerial  wrath 
by  reason  of  his  obscurity,  but  was  the  foremost  statesman 
of  an  important  colony,  and  his  name  was  not  unfamiliar  to 
those  who  gathered  in  the  council  chamber  of  the  King. 

The  death  of  John  Harvey  in  ]May,  1775,  left  Samuel 
Johnston  the  undisputed  leader  of  the  revolutionary  party  in 
North  Carolina.  In  July  he  issued  a  call  for  a  congress  to 
meet  in  Hillsboro,  August  20,  and  of  this  Congress  he  was 
nnanimonsly  chosen  president.  Until  now  Josiah  Martin, 
the  royal  governor,  had  cherished  the  hope  that  Johnston 
would  not  go  to  the  extreme  of  rebellion  but  that  he  would 
ultimately  break  wath  the  Whig  party  and  throw  the  great 
weight  of  his  influence  on  the  side  of  the  royal  government. 
Consequently  early  in  the  struggle,  in  very  flattering  terms, 
^Inrtin  had  offered  to  recommend  Johnston  to  the  King  for 
appointment  to  the  next  vacancy  in  the  Council;  and  had  re- 
frained from  removing  him  from  his  position  as  the  deputy 
naval  officer  of  the  colony,  "notwithstanding,"  he  wrote,  "I 
had  found  him  uniformly  in  opposition  to  every  measure  of 
Government  during  my  administration."  ^*  But  now  any 
further  forbearance  toward  Johnston  would  be  disloyalty  to 
the  King,  and  accordingly  on  October  7,  1775,  the  Governor 
addressed  a  letter  to  him  notifying  him  of  his  removal.  ''The 
respect  I  have  entertained  for  your  private  character,"  he 
said,  had  restrained  him  from  taking  this  step  heretofore; 
but  now  duty  to  his  Royal  Master  would  not  permit  his  taking 
upon  himself  "the  guilt  of  conniving  at  the  undutiful  be- 
havior of  one  of  the  King's  servants"  in  appearing  "in  the 
conspicuous  character  of  ^Moderator  of  a  popular  Assembly 
unknown    to    the    laws    and    constitution    of    this    province. 


'•Gov.  Martin  to  Johnaton,  Oct.  4,  1772:  "In  caae  of  a  vacanry  at  the  Council  Roard 
I  wish  to  know  whether  you  will  permit  me  to  name  you  to  the  Kins;  if  it  be  aitrceable  to 
you.  I  shall  be  much  flattered  by  an  opportunity  of  makine  so  honorable  an  acquisition  to 
the  Council  of  this  Province."— Col.  Rec,  IX,  342.  See  also  Martin  to  Lord  Dartmouth, 
Col.  Rec.  IX,  1053;  and  to  Lord  Germain,  X,  401. 


14  Samuel  Johnston. 

*  *  *  And  [be  coutiiuied]  I  have  seen  with  greater  sur- 
prise, if  possible,  yonr  acceptance  of  the  appointment  of 
treasurer  of  the  northern  district  of  this  colony,  nnconstitii- 
tionally  and  contrary  to  all  law  and  usage  conferred  upon 
you  by  this  body  of  your  own  creation,"  ^^  To  this  communi- 
cation Johnston  replied  in  a  letter  of  biting  sarcasm  but  a 
model  of  courtesy  and  good  taste.  "It  gives  me  pleasure," 
he  said,  referring  to  the  Governor's  reasons  for  his  removal, 
"that  I  do  not  find  neglect  of  duties  of  my  office  in  the  cata- 
logue of  my  crimes,"  and  then  continued  : 

"At  the  same  time  that  I  hold  myself  obliged  to  your  Excellency 
for  the  polite  manner  in  which  you  are  pleased  to  express  yourself 
of  my  private  character,  you  will  pardon  me  for  saying  that  I  think 
I  have  reason  to  complain  of  the  invidious  point  of  view  in  which 
you  are  pleased  to  place  my  public  transactions  when  you  consider 
the  late  meeting  of  the  delegates  or  deputies  of  the  inhabitants  of 
this  province  at  Hillsborough,  a  body  of  my  own  creation.  Your 
Excellency  cannot  be  ignorant  that  I  was  a  mere  instrument  in  this 
business  under  the  direction  of  the  people;  a  people  among  whom  I 
have  long  resided,  and  who  have  on  all  occasions  placed  the  great- 
est confidence  in  me,  to  whose  favorable  opinion  I  owe  everything  I 
possess  and  to  whom  I  am  bound  by  gratitude  (that  most  powerful 
and  inviolable  tie  on  every  honest  mind)  to  render  every  service 
they  can  demand  of  me,  in  defense  of  what  they  esteem  their  just 
rights,  at  the  risk  of  my  life  and  property. 

You  will  further.  Sir,  be  pleased  to  understand,  that  I  never  con- 
sidered myself  in  the  honorable  light  in  which  you  place  me,  one 
of  the  king's  servants;  being  entirely  unknown  to  those  who  have 
the  disposal  of  the  king's  favors,  I  never  enjoyed  nor  had  I  a  right 
to  expect,  any  office  under  his  Majesty.  The  oflfice  which  I  have  for 
some  years  past  executed  under  the  deputation  of  Mr.  Turner  was 
an  honest  purchase  for  which  I  have  punctually  paid  an  annual  sum, 
which  I  shall  continue  to  pay  till  the  expiration  of  the  term  for 
which  I  should  have  held  it  agreeably  to  our  contract. 

Permit  me.  Sir,  to  add  that  had  all  the  king's  servants  in  this 
province  been  as  well  informed  of  the  disposition  of  the  inhabitants 
as  they  might  have  been  and  taken  the  same  pains  to  promote  and 
preserve  peace,  good  order,  and  obedience  to  the  laws  among  them, 
that  I  flatter  myself  I  have  done,  the  source  of  your  Excellency's 


liiCol.  Rec,  X,  262. 


Sam  II.  I.   .I<>ii.\.~  ION.  1.") 

unnecessary  lamentations  had  not  at  this  day  existed,  or  had  it 
existed  it  would  have  been  in  so  small  a  depiree  that  ere  this  it 
would  have  been  nearly  exhausted;  but,  Sir,  a  recapitulation  of 
errors  which  it  is  now  too  late  to  correct  would  be  painful  to  me 
and  might  appear  Impertinent  to  your  Excellency.  I  shall  decline 
the  ungrateful  task,  and  beg  leave,  with  all  due  respect,  to  subscribe 
myself.  Sir,  your  Excellency's  most  obedient,  humble  servant."  i'> 

At  the  beginning  of  the  Revolutit.ri  Johnston,  In  c-oninion 
with  the  other  Whig  leaders  throughout  the  continent,  dis- 
claimed any  purpose  of  declaring  independence.  But  once 
caught  in  the  full  sweep  of  the  revolutionary  movement  they 
were  carried  along  from  one  position  to  another  until,  by  the 
opening  of  the  year  1776,  they  had  reached  a  situation  which 
admitted  of  no  other  alternative.  As  North  Carolina  was  the 
first  colony  to  take  the  lead  in  demanding  independence,  so 
Samuel  Johnston  was  among  the  first  advocates  of  it  in  North 
Carolina.  Writing  !March  3,  1776,  he  expressed  the  opinion 
that  the  future  might  ''offer  a  more  favorable  opportunity  for 
throwing  off  our  connection  with  Great  Britain,"  but  imme- 
diately added : 

"It  is,  however,  highly  improbable  from  anything  that  I  have  yet 
been  able  to  learn  of  the  disposition  of  the  people  at  home,  from  the 
public  papers,  for  I  have  not  lately  received  any  letters,  that  the 
colonies  will  be  under  the  necessity  of  throwing  off  their  allegiance 
to  the  king  and  Parliament  of  Great  Britain  this  summer.  If  France 
and  Spain  are  hearty  and  sincere  in  our  cause,  or  sufficiently  ap- 
prised of  the  importance  of  the  connection  with  us  to  risk  war  with 
Great  Britain,  we  shall  undoubtedly  succeed;  if  they  are  irresolute 
and  play  a  doubtful  game  I  shall  not  think  our  success  so  certain." 

March    20,    Joseph    Ilewes    writing    from    Philadelphia, 

where  he  was  in  attendance  on  the  Continental   Congress, 

asked  Johnston  for  his  views  on  the  subject  of  independence. 

In  reply  Johnston  said : 

"I  am  inclined  to  think  with  you  that  there  is  little  prospect  of 
an  accommodation.  You  wish  to  know  my  sentiments  on  the  sub- 
jects of  treating  with  foreign  powers  and  the  independence  of  the 

>«Col.  Rec.,  X.  332. 


10  Samuel  Johnston. 

colonies.  I  have  apprehensions  that  no  foreign  power  will  treat 
with  us  till  we  disclaim  our  dependence  on  Great  Britain  and  I 
would  wish  to  have  assurances  that  they  would  afford  us  effectual 
service  before  we  take  that  step.  I  have,  I  assure  you,  no  other 
scruples  on  this  head;  the  repeated  insults  and  injuries  w^e  have 
received  from  the  people  of  my  native  island  has  (sic)  done  away 
all  my  partiality  for  a  connection  with  them  and  I  have  no  appre- 
hensions of  our  being  able  to  establish  and  support  an  independence 
if  France  and  Spain  would  join  us  cordially  and  risk  a  war  with 
Great  Britain  in  exchange  for  our  trade."  it 

Wlieii  the  fourth  Provincial  Congress,  at  Johnston's  sum- 
mons, met  at  Halifax,  April  4,  1776,  the  entire  patriot  party 
was  fully  abreast  of  his  position  on  the  subject  of  independ- 
ence. "All  our  people  here,"  he  wrote,  April  5,  "are  up  for 
independence";  and  a  few  days  later  he  added:  "We  are 
going  to  the  devil  -'  *  ''"^  wdthout  knowing  how  to  help 
ourselves,  and  though  many  are  sensible  of  this,  yet  they 
would  rather  go  that  way  than  to  submit  to  the  British  Min- 
istry. "  *  *  Our  people  are  full  of  the  idea  of  inde- 
pendence." In  compliance  with  this  popular  sentiment,  the 
Congress,  April  12,  adopted  its  famous  resolution  empower- 
ing the  North  Carolina  delegates  in  the  Continental  Congress 
"to  concur  with  the  delegates  of  the  other  colonies  in  declar- 
ing independency  and  forming  foreign  alliances."  ^^ 

Samuel  Johnston  had  now  reached  the  climax  of  his  in- 

/      fluence  and  popularity,  for  by  his  election  to  the  presidency 

of  the  Provincial  Congress  he  had  attained  the  highest  posi- 

;         tion  in  public  life  to  which  a  citizen  of  Korth  Carolina  in 

I         177 G  could  aspire.    The  next  few  years  were  for  him  a  period 

I  of  eclipse.     Deceived  by  the  specious  insinuations  of  his  po- 

I  litical   opponents   his   constituents  were  led   to   discard  his 

\         leadership  and  to  accept  that  of  men  of  fairer  promises  but 

of  smaller  achievements. 

Immediately   after   declaring   for   independence   the   Con- 

"Ms.  letter  in  the  library  at  "Hayes." 

"For  a  full  discussion  of  the  movement  toward  independence,  see  my  Cornelius  Harnett, 
Chap.  X. 


Sa.nu  kl  Joiinstox.  17 

^ess  at  Halifax  ajjpointed  a  committee  ''to  prepare  a  tempo 
rary  civil  constitution."  Among  its  members  were  Johnston, 
Harnett,  Abner  Xasli,  Thomas  Burke,  Thnnuis  Person,  and 
William  Hooper.  They  were  (as  I  have  said  in  another 
place)"*  men  of  political  sagacity  and  ability,  but  their  ideas 
of  the  kind  of  constitution  that  ought  to  be  adopted  were  woe- 
fully inharmonious.  Heretofore  in  the  measures  of  resist- 
ance to  the  British  Ministry  remarkable  unanimity  had  pre- 
vailed in  the  councils  of  the  Whigs.  But  when  they  under- 
took to  frame  a  constitution  faction  at  once  raised  its  head. 
Historians  have  designated  these  factions  as  "Conservatives" 
and  ''Radicals,"  terms  which  carry  their  own  meaning  and 
need  no  further  explanation.  However  it  may  not  be  out  of 
place  to  observe  here  that  while  both  were  equally  devoted  to 
constitutional  liberty,  the  Radicals  seem  to  have  placed  the 
greater  emphasis  on  the  noun,  liberty,  the  Conservatives  on  its 
modifier,  constitutional.  The  leader  of  the  fonner  was  un- 
doubtedly Willie  Jones,  while  no  one  could  have  been  found 
to  question  the  supremacy  of  Samuel  Johnston  among  the 
latter.  Congress  soon  found  that  no  agreement  between  the 
two  could  be  reached  while  continued  debate  on  the  constitu- 
tion would  only  consume  time  which  ought  to  be  given  to 
more  pressing  matters.  Consequently  the  committee  was  dis- 
charged and  the  adoption  of  a  constitution  was  postponed  till 
the  next  meeting  of  Congress  in  November.  Thus  the  contest 
was  removed  from  Congress  to  the  people  and  Ijecame  the 
leading  issue  of  the  election  in  October. 

Willie  Jones  and  his  faction  detennined  that  Samuel  John- 
ston should  not  have  a  seat  in  the  November  Congress,  and 
at  once  began  against  him  a  campaign  famous  in  our  history 
for  its  violence.  Democracy  exulting  in  a  freedom  too  newly 
acquired  for  it  to  have  learned  the  virtue  of  self-restraint, 
struck  blindly  to  right  and  left  and  laid  low  some  of  the 


"•Cornelius  Harnett,  152. 


18  Samuel  Johnston. 

sturdiest  champions  of  constitutional  liberty  in  the  province. 
The  contest  raged  fiercest  in  Chowan.  "No  means,"  says 
McRee,  "were  spared  to  poison  the  minds  of  the  people ;  to 
inflame  their  prejudices ;  excite  alarm ;  and  sow  in  them,  by 
indefinite  charges  and  whispers,  the  seeds  of  distrust.  *  *  * 
It  were  bootless  now  to  inquire  what  base  arts  prevailed,  or 
what  calumnies  were  propagated.  Mr.  Johnston  was  defeated. 
The  triumph  was  celebrated  with  riot  and  debauchery;  and 
the  orgies  were  concluded  by  burning  Mr.  Johnston  in 
effigy."  '' 

From  that  day  to  this  much  nonsense  has  been  written  and 
spoken  about  Johnston's  hostility  to  democracy  and  his  hank- 
ering after  the  fleshpots  of  monarchy,  and  the  admirers  of 
Willie  Jones  from  then  till  now  have  expected  us  to  believe 
that  the  man  who  for  ten  years  had  been  willing  to  sacrifice 
his  fortune,  his  ease,  his  peace  of  mind,  his  friends  and  fam- 
ily, and  life  itself,  to  overthrow  the  rule  of  monarchy  was 
ready,  immediately  upon  the  achievement  of  that  end,  to  con- 
spire with  his  fellow-workers  against  that  liberty  which  they 
had  suffered  so  much  to  preserve.  That  Johnston  did  not 
believe  in  the  "infallibility  of  the  popular  voice" ;  that  he 
thought  it  right  in  a  democracy  for  minorities  to  have  suffi- 
cient safeguards  against  the  tyranny  of  majorities ;  that  he 
considered  intelligence  and  experience  more  likely  to  conduct 
a  government  successfully  than  ignorance  and  inexperience, 
is  all  true  enough.  But  that  he  also  ascribed  fully  to  the 
sentiment  that  all  governments  "derive  their  just  powers 
from  the  consent  of  the  governed"  ;  that  he  believed  frequency 
of  elections  to  be  the  surest  safeguard  of  liberty;  that  he 
thought  representatives  should  be  held  directly  responsible  to 
their  constituents  and  to  nobody  else,  we  have  not  only  his 
whole  public  career  but  his  most  solemn  declarations  to  prove. 
He  advocated,  it  is  true,  a  government  of  energy  and  power, 


2»Iredel!,  I,  334. 


Sami  i:l  .Iojinstun.  10 

but  a  government  deriving  its  energy'  and  power  wholly  from 
the  people.  This  is  the  very  essence  of  true,  genuine  democ- 
racy. 

Although  not  a  nu  inbcr  of  the  Congress  which  framed  our 
first  State  Constitution,  Johnston's  duties  as  treasurer  made 
it  necessary  for  him  to  attend  its  session,  and  his  })resence 
there  exerted  a  most  wholesome  influence  on  the  final  draft 
of  that  instrnnifiit.  In  mere  matters  of  policy  he  manifested 
but  little  interest;  but  there  were  three  points  of  prime  im- 
portance to  be  settled  which  would  ultimately  determine  the 
character  of  the  government  about  to  be  formed.  These  were, 
first,  the  degree  of  responsibility  to  the  people  to  which  rep- 
resentatives should  be  held  ;  second,  the  basis  of  the  suffrage ; 
and  third,  the  degree  of  independence  to  be  accorded  to  the 
judiciary.  On  these  three  points  Johnston  felt  and  thought 
deeply,  and  exerted  himself  to  have  his  views  incorporated  in 
the  Constitution, 

In  regard  to  the  first  he  expressed  himself  as  follows  in  a 
letter  written  from  Halifax  in  April  while  the  constitution 
was  under  consideration : 

"The  great  difficulty  in  our  way  is,  how  to  establish  a  check  on 
the  representatives  of  the  people,  to  prevent  their  assuming  more 
power  than  would  be  consistent  with  the  liberties  of  the  people. 
♦  *  •  Many  projects  have  been  proposed  too  tedious  for  a  letter  to 
communicate.  ♦  *  *  After  all,  it  appears  to  me  that  there  can  be  no 
check  on  the  representatives  of  the  people  in  a  democracy  but  the 
people  themselves;  and  in  order  that  the  check  may  be  more  efficient 
I  would  have  annual  elections."  21 

But  by  "the  people,"  Johnston  did  not  mean  all  the  citizens 
of  the  State  any  more  than  we  today,  by  the  same  term,  mean 
to  include  all  the  citizens  of  the  Commonwealth.  Like  us 
Johnston  referred  only  to  those  citizens  who  were  endowed 
with  the  franchise.  lie  did  not  believe  in  unrestricted  man- 
hood  suffrage.      Such   a  basis   he   thought   might  be   'Svell 

«Iredell.  I,  277. 


20  Sa.mukl  Johnston. 

adapted  to  the  government  of  a  numerous,  cultivated  people," 
l)ut  lie  did  not  think  North  Carolina  in  1776  was  ready  for 
any  such  untried  experiment,  and  he  advocated,  therefore,  a 
property  qualification.  On  this  point  he  was  "in  great  pain 
for  the  honor  of  the  province"  and  viewed  with  alarm  the 
tendency  to  turn  the  government  over  to  "a  set  of  men  without 
reading,  experience,  or  principle  to  govern  them."  "'" 

But  it  was  to  the  judiciary  that  he  looked  to  safeguard  the 
rights  of  the  individual  citizen,  and  in  order  that  this  safe- 
guard might  be  the  more  effective  he  wished  it  to  be  inde- 
pendent of  the  transitory  passions  of  majorities.  On  this 
subject  he  spoke  with  more  than  his  usual  vigor. 

"God  knows  [he  exclaimed]  when  there  will  be  an  end  of  this 
trifling  here.  A  draft  of  the  Constitution  was  presented  to  the 
House  yesterday.  *  *  *  There  is  one  thing  in  it  which  I  cannot  bear, 
and  yet  I  am  inclined  to  think  it  will  stand.  The  inhabitants  are 
impowered  to  elect  the  justices  in  their  respective  counties,  who  are 
to  be  the  judges  of  the  county  courts.  Numberless  inconveniences 
must  arise  from  so  absurd  an  institution. -s  They  talk  [he  wrote 
later]  of  having  all  the  officers,  even  the  judges  and  clerks,  elected 
annually,  with  a  number  of  other  absurdities."  -* 

Johnston's  alarm  was  needless.  Under  his  guidance  con- 
servative influences  prevailed  and  a  method  of  choosing  judges 
in  line  with  his  views  w^as  adopted.  In  its  final  form  the  Con- 
stitution embodied  to  a  large  extent  Johnston's  views  on  all 
three  of  these  cardinal  points.  It  provided  for  a  legislature 
of  two  chambers  chosen  annually,  for  a  property  qualification 
for  electors  for  state  senators,  and  for  judges  chosen  by  the 
General  Assembly  to  serve  during  good  behavior. 

I  know  of  no  more  striking  personal  triumph  in  the  history 
of  ISTorth  Carolina  than  this  achievement  of  Johnston.  Po- 
litically discredited  by  his  own  people,  without  the  support 
of  a  ])owerful  political  party,  and  totally  devoid  of  that  glam- 


22To  Thomas  Burke.— State  Rec,  XI,  504. 

"To  James  Iredell.— Col.  Rec.,  X,  1040. 

z<To  Mrs.  James  Iredell.— McRee's  Iredell,  I,  339. 


Samuel  Johnston.  21 

our  and  subtle  influence  which  accompanies  high  official 
position,  he  had,  through  the  convincing  logic  of  his  argu- 
ments, the  trust  inspired  by  his  acknowledged  wisdom,  and 
the  confidence  imposed  in  his  integi'ity,  forced  a  hostile  Con- 
vention to  accept  his  views  and  lay  the  cornerstones  of  the 
Commonwealth  on  firm  and  solid  grounds.  How  firmly  he 
builded  is  shown  by  the  fact  that  fifty-eight  years  passed  be- 
fore annual  sessions  of  the  Assembly  gave  way  to  biennial 
sessions;  seventy-nine  years  before  the  property  (jnalification 
for  electors  for  state  senators  was  abolished;  and  ninety-one 
years  before  the  election  of  judges  was  given  to  the  people 
and  their  terms  changed  from  good  behavior  to  a  term  of 
years.  Had  Johnston  been  alive  when  those  changes  were 
proposed  there  can  be  no  doubt  that  he  would  have  advocated 
them.  In  1776  he  stood  for  a  political  system  suitable  to  the 
physical,  mental  and  moral  conditions  of  the  State  at  that 
period:  in  1835  he  would  have  done  the  same  thing.  As  a 
practical  statesman,  more  deeply  conceinied  in  securing  a 
good  working  system  than  in  promulgating  vague  and  uncer- 
tain theories,  he  would  have  been  among  the  first  to  recognize 
the  changed  conditions  wrought  by  fifty  years  of  marvelous 
development,  and  to  have  advocated  changes  in  the  Constitu- 
tion in  conformity  with  the  changed  spirit  and  needs  of  the 
time. 

Johnston's  eclipse  was  temporary.  Accepting  his  defeat 
philosophically,  he  withdrew  after  the  framing  of  the  Consti- 
tution from  all  participation  in  politics,  and  watched  the 
course  of  events  in  silence.  For  assuming  this  attitude  he 
has  been  severely  censured,  both  by  his  contemporaries  and 
by  posterity,  who  have  charged  him  with  yielding  to  pique, 
and  with  being  supine  and  indifferent  to  the  welfare  of  the 
State  because  he  could  not  conduct  its  affairs  according  to  his 
own  wishes.^'     But  is  it  not  pertinent   to  ask  what  other 


••See  letters  of  Archibald  Maclaite  to  George  Hooper.— State  Rec.,  XVI.  957,  963. 


22  Samuel  Johnston. 

course  be  could  have  pursued  ?  He  was  not  an  ordinary  poli- 
tician. He  bad  no  inordinate  itcbing  for  public  office.  He 
was,  indeed,  ambitious  to  serve  bis  country,  but  bis  country 
bad  pointedly  and  empbatically  repudiated  bis  leadership. 
Was  it  not,  tben,  tbe  part  of  wisdom  to  bow  to  tbe  decree  ? 
Did  not  patriotism  require  bini  to  refrain  from  futile  opposi- 
tion ?  Tbe  event  clearly  demonstrated  tbat  bis  course  was 
botb  wise  and  patriotic,  for  tbe  people  soon  came  to  tbeir 
sober  second  tbougbt  and  tbe  reaction  in  Johnston's  favor 
set  in  earlier  than  be  could  possibly  bave  anticipated.  Tbey 
sent  bim  to  tbe  State  Senate,  tbe  General  Assembly  elected 
bim  treasurer,  tbe  Governor  appointed  bim  to  tbe  bench,  tbe 
General  Assembly  chose  him  a  delegate  to  tbe  Continental 
Congress,  and  the  Continental  Congress  elected  him  its  pre- 
siding officer."^  The  reaction  finally  culminated  in  bis  elec- 
tion as  Governor  in  1787,  and  bis  relection  in  1788  and  again 
in  1789.  Among  the  many  interesting  problems  of  bis  ad- 
ministration were  tbe  settlement  of  Indian  affairs,  tbe  ad- 
justment of  the  war  debt,  the  treatment  of  tbe  Loyalists,  the 
cession  of  tbe  western  territory  to  the  Federal  Government, 
and  the  "State  of  Franklin" ;  but  today  time  does  not  permit 
tbat  we  consider  his  policy  toward  them.  The  chief  issue  of 
bis  administration  was  the  ratification  of  tbe  Federal  Consti- 
tution to  tbe  consideration  of  which  we  must  devote  a  few 
moments. 

Tbe  Convention  to  consider  the  new  Constitution  met  at 
Hillsboro,  July  21,  1788.  "Conservatives"  and  "Eadicals," 
now  rapidly  crystallizing  into  political  parties  as  Federalists 
and  Anti-Federalists,  arrayed  themselves  for  tbe  contest 
under  their  former  leaders,  Samuel  Johnston  and  Willie 
Jones.  The  Anti-Federalists  controlled  the  Convention  by  a 
large  majority,  nevertheless  out  of  respect  for  his  office  they 
unanimously  elected  Governor  Johnston  president.     All  tbe 

"He  declined  to  serve. 


Samukl  Johnston.  23 

debates,  however,  were  held  in  committee  of  the  whole,  and 
this  plan,  by  calling  Governor  Johnston  out  of  the  chair, 
placed  him  in  the  arena  in  the  very  midst  of  the  contest. 
Though  he  was  the  accepted  leader  of  the  Federalists,  the 
burden  of  the  debate  fell  upon  the  younger  men,  among  whom 
James  Iredell  stood  preeminent.  Contesting  preeminence 
with  Iredell,  but  never  endangering  his  position,  were  Wil- 
liam R.  Davie,  Archibald  Maclaine,  and  Richard  Dobbs 
Spaight.  Governor  Johnston  but  rarely  indulged  his  great 
talent  for  debate,  but  when  he  did  enter  the  lists  he  mani- 
fested such  a  candor  and  courtesy  toward  his  opponents  that 
he  won  their  respect  and  confidence,  and  he  spoke  with  such 
a  "relentlcssness  in  reasoning"  that  but  few  cared  to  engage 
him  in  discussion.  Johnston  could  not  have  been  anything 
else  than  a  Federalist.  Since  the  signing  of  the  treaty  of 
peace  with  England  the  country  had  been  drifting  toward 
disunion  and  anarchy  with  a  rapidity  that  alarmed  conserva- 
tive and  thoughtful  men.  The  issue  presented  in  1787  and 
1788,  therefore,  was  not  the  preservation  of  liberty  but  the 
prevention  of  anarchy,  and  on  this  issue  there  could  be  but 
one  decision  for  Samuel  Johnston.  The  day  for  the  specu- 
lative theories  and  well-turned  epigrams  of  the  Declaration 
of  Independence  had  passed ;  the  time  for  the  practical  pro- 
visions of  the  Federal  Constitution  had  come.  Consequently 
the  debates  at  Hillsboro  dealt  less  with  theories  of  govern- 
ment than  with  the  practical  operations  of  the  particular  plan 
under  consideration. 

In  this  plan  Willie  Jones  and  his  followers  saw  all  sorts 
of  political  hobgoblins,  and  professed  to  discover  therein  a 
purpose  to  destroy  the  autonomy  of  the  States  and  to  estab- 
lish a  consolidated  nation.  They  attacked  the  impeachment 
clause  on  the  ground  that  it  placed  not  only  Federal  Senators 
and  Representatives,  but  also  State  officials  and  members  of 
the  State  Legislatures  completely  at  the  mercy  of  the  National 


24  Samuel  Johnston. 

Congress.  Johnston  very  effectively  disposed  of  this  ridicu- 
lous contention  by  pointing  ont  that  "only  officers  of  the 
United  States  were  impeachable,"  and  contended  that  Sen- 
ators and  Representatives  were  not  Federal  officers  but  offi- 
cers of  the  States.     Continuing  he  said  : 

"I  never  knew  any  instance  of  a  man  being  impeached  for  a  legis- 
lative act;  nay,  I  never  heard  it  suggested  before.  A  representative 
is  answerable  to  no  power  but  his  constituents.  He  is  accountable 
to  no  being  under  heaven  but  the  people  who  appoint  him.  *  *  *  Re- 
moval from  office  is  the  punishment,  to  which  is  added  future  dis- 
qualification. How  can  a  man  be  removed  from  oflSce  who  has  no 
office?  An  officer  of  this  State  is  not  liable  to  the  United  States. 
Congress  cannot  disqualify  an  officer  of  this  State.  No  body  can 
disqualify  but  the  body  which  creates.  *  *  *  i  should  laugh  at 
any  judgment  they  should  give  against  any  officer  of  our  own."  27 

But,  said  the  opponents  of  the  Constitution,  "Congress  is 
given  power  to  control  the  time,  place,  and  manner  of  electing 
senators  and  representatives.  This  clause  does  away  with 
the  right  of  the  people  to  choose  representatives  every  year" ; 
under  it  CongTess  may  j)ass  an  act  ''to  continue  the  members 
for  twenty  years,  or  even  for  their  natural  lives" ;  and  it 
plainly  points  "forward  to  the  time  when  there  will  be  no 
state  legislatures,  to  the  consolidation  of  all  the  states."  To 
these  arguments  Johnston  replied: 

"I  conceive  that  Congress  can  have  no  other  power  than  the 
States  had.  *  *  *  -pj^e  powers  of  Congress  are  all  circumscribed, 
defined,  and  clearly  laid  down.  So  far  they  may  go,  but  no  farther. 
*  *  *  They  are  bound  to  act  by  the  Constitution.  They  dare 
not  recede  from  it." 

All  these  arguments  sound  very  learned  and  very  eloquent, 
retorted  the  opponents  of  the  Constitution,  but  the  propose'd 
Constitution  does  not  contain  a  bill  of  rights  to  "keep  the 
States  from  being  swallowed  up  by  a  consolidated  govern- 


"Elliott's  Debates.    The  following  extracts  from  Johnston's  speeches  on  the  Consti- 
tution are  all  from  the  same  source. 


Samuel  Jounstox.  25 

mcnt.''  But  Governor  Johnston,  in  an  exceedingly  clear-cut 
argument,  j)ointed  out  not  only  the  absurdity  but  even  the 
danger  of  including  a  bill  of  rights  in  the  Constitution. 
Said  he: 

"It  appears  to  me.  sir,  that  it  would  have  been  tlie  hlgliost  ab- 
surdity to  undertake  to  define  what  rights  the  people  of  the  United 
States  are  entitlefl  to;  for  that  would  be  as  much  as  to  say  thoy  are 
entitled  to  nothing  else.  A  bill  of  rights  may  be  necessary  in  a 
monarchial  government  whose  powers  are  undefined.  Were  we  in 
the  situation  of  a  monarchial  country?  No,  sir.  Every  right  could 
not  be  enumerated,  and  the  omitted  rights  would  be  sacrificed  if 
security  arose  from  an  enumeration.  The  Congress  cannot  assume 
any  other  powers  than  those  expressly  given  them  without  a  palpable 
violation  of  the  Constitution.  *  *  *  in  a  monarchy  all  power  may 
be  supposed  to  be  vested  in  the  monarch,  except  what  may  be  re- 
served by  a  bill  of  rights.  In  England,  in  every  instance  where  the 
rights  of  the  people  are  not  declared,  the  prerogative  of  the  king 
is  supposed  to  extend.  But  in  this  country  we  say  that  what  rights 
we  do  not  give  away  remain  with  us." 

Though  Johnston  desired  to  throw  all  necessary  safeguards 
around  the  rights  of  the  people,  he  did  not  desire  a  Union 
that  would  be  a  mere  rope  of  sand.  The  Union  must  have 
authority  to  enforce  its  decrees  and  maintain  its  integrity, 
and  if  he  foresaw  the  rise  of  the  doctrines  of  nullification  and 
secession,  he  foresaw  them  only  to  expose  what  he  thought 
was  their  fallacy. 

"The  Constitution  [he  declared]  must  be  the  supreme  law  of  the 
land,  otherwise  it  will  be  in  the  power  of  any  State  to  counteract  the 
other  States,  and  withdraw  itself  from  the  Union.  The  laws  made 
in  pursuance  thereof  by  Congress,  ought  to  be  the  supreme  law  of 
the  land,  otherwise  any  one  state  might  repeal  the  laws  of  the 
Union  at  large.  *  *  *  Every  treaty  should  be  the  supreme  law 
of  the  land;  without  this,  any  one  state  might  involve  the  whole 
union  in  war." 

Acts  of  Congress,  however,  must  be  in  ''pursuance"  of  the 
powers  granted  by  the  Constitution,  for  Johnston  had  no 
sympathy  with  the  notion  that  the  courts  must  enforce  acta 


20  Samuel  Johnston. 

of  legislative  bodies  regardless  of  their  coiistitutionalitj.     As 
he  said : 

"When  Congress  makes  a  law  in  virtue  of  their  [sic]  constitu- 
tional authority,  it  will  be  actual  law.  *  *  *  Every  law  consistent 
with  the  Constitution  will  have  been  made  in  pursuance  of  the 
powers  granted  by  it.  Every  usurpation,  or  law  repugnant  to  it, 
cannot  have  been  made  in  pursuance  of  its  powers.  The  latter  will 
be  nugatory  and  void." 

Johnston,  of  course,  did  not  think  the  Constitution  perfect 
and  he  was  as  aiixions  as  Willie  Jones  to  have  certain  amend- 
ments made  to  it.  Bnt  he  took  the  position  that  North  Caro- 
lina, then  the  fourth  of  the  thirteen  States  in  population, 
would  have  more  weight  in  securing  amendments  in  the  Union 
than  out  of  it.  Indeed,  he  reasoned,  as  long  as  the  State  re- 
mains out  of  the  Union  there  is  no  constitutional  way  in 
which  she  can  propose  amendments.  Accordingly,  as  the 
leader  of  the  Federalists,  on  July  30.  he  offered  a  resolution : 

"That  though  certain  amendments  to  the  said  Constitution  may 
be  wished  for,  yet  that  those  amendments  should  be  proposed  sub- 
sequent to  the  ratification  on  the  part  of  this  State,  and  not  previous 
to  it." 

Willie  Jones  promptly  rallied  his  followers  against  this 
action  and  defeated  Johnston's  resolution  by  a  vote  of  184  to 
84.  Then  after  proposing  a  series  of  amendments,  including 
a  bill  of  rights,  the  Convention,  by  the  same  vote  of  184  to 
84,  refused  to  ratify  the  Constitution  and,  August  2,  ad- 
journed sine  die. 

Thus  a  second  time,  in  a  second  great  political  crisis, 
Willie  Jones  triumphed  over  his  rival ;  but  again,  as  in 
177G,  his  triumph  was  short-lived.  With  wise  forethought 
Iredell  and  Davie  had  caused  the  debates  of  the  Conven- 
tion to  be  reported  and  published,  and  through  them  ap- 
pealed from  the  Convention  to  the  people.  How  far  these 
debates  influenced  public  opinion  it  is  of  course  impossible  to 
say,  but  certain  it  is  that  no  intelligent,  impartial  reader  can 


Sa.mlki,  Johnston.  27 

rise  from  their  perusal  without  Ix'ing  convinced  that  the 
Federalists  had  much  the  better  of  the  argument.  I'uhlic 
opinion  so  far  shifted  toward  the  Federalists'  position  that 
when  the  second  Convention  met  at  Fayetteville,  November 
16,  1789,  the  Federalists  had  a  larger  majority  than  their 
opponents  had  had  the  year  before.  Again  Samuel  Johnston 
was  unanimously  elected  president.  The  debates  of  this  Con- 
vention were  not  reported ;  indeed,  the  debates  of  the  former 
Convention  had  rendered  further  discussion  unnecessary.  The 
people  of  the  State  had  read  those  debates  and  had  recorded 
their  decision  by  sending  to  the  Convention  a  Federalist  ma- 
jority of  more  than  one  hundred.  Accordingly  after  a  brief 
session  of  only  six  days  the  Convention,  November  21,  1789, 
by  a  vote  of  195  to  77,  ratified  the  Constitution  of  the  United 
States  and  North  Carolina  reentered  the  Federal  Union.  It 
has  been  so  frequently  affirmed  that  in  North  Carolina  it  is 
today  very  generally  believed  that  this  action  of  the  Conven- 
tion of  1789  was  due  to  the  adoption  of  the  first  ten  amend- 
ments to  the  Federal  Constitution ;  and,  further,  that  the 
action  of  Willie  Jones  and  his  party  in  rejecting  the  Consti- 
tution in  1788  forced  Congress  to  submit  these  amendments. 
In  the  interest  of  historical  accuracy  let  us  for  just  a  mo- 
ment examine  this  statement.  A  few  dates  quickly  dispose 
of  the  matter.  The  North  Carolina  Convention  rejected  the 
Constitution  August  2,  1788.  On  November  17,  of  the  same 
year,  the  General  Assembly  passed  the  resolution  calling  a 
second  Convention.  It  was  not  until  September  25,  1789, 
nearly  a  year  later,  that  Congress  submitted  the  first  ten 
amendments  to  the  several  States.  When  the  North  Carolina 
Convention  met  at  Fayetteville,  November  16,  1789,  not  a 
single  State  had  acted  on  these  amendments,  and  more  than  a 
year  passed  after  North  Carolina  had  ratified  the  Constitu- 
tion before  the  required  number  of  States  had  accepted  the 
amendments,     ^[oreover,  when  the  Convention  met  at  Fay- 


28  Samuel  Joiixston. 

etteville,  in  1789,  the  oj^poiients  of  the  Constitution  still 
urged  its  rejection  because  the  amendments  which  had  been 
proposed  did  not  meet  the  objections  of  the  former  Conven- 
tion in  "some  of  the  great  and  most  exceptional  parts"  of  the 
Constitution.  The  only  result  of  the  action  of  Jones  and  his 
party  in  1788,  therefore,  was  to  keep  N^orth  Carolina  out  of 
the  Union  for  a  year  and  thus  to  prevent  the  State's  casting 
her  vote  for  George  Washington  as  the  first  President  of  the 
United  States. 

The  privilege  of  transmitting  the  resolution  of  ratification 
to  the  President  of  the  United  States  and  of  receiving  from 
him  an  acknowledgment  of  his  sincere  gratification  at  this 
important  event,  fell  to  the  lot  of  Samuel  Johnston.  It  was 
fitting,  too,  that  he  who,  for  more  than  twenty  years,  had 
stood  among  the  statesmen  of  North  Carolina  as  the  very 
personification  of  the  spirit  of  union  and  nationalism  should 
he  the  first  to  represent  the  State  in  the  Federal  Senate.  Of 
his  services  there  I  can  not  speak  today  more  than  to  say  that 
he  represented  the  interests  of  North  Carolina  with  the  same 
fidelity  to  convictions  and  courage  in  the  discharge  of  his 
duties  which  had  always  characterized  his  course  in  public 
life ;  and  that  on  the  great  national  issues  of  the  day  he  lifted 
himself  far  above  the  narrow  provincialism  which  character- 
ized the  politics  of  North  Carolina  at  that  time  and  stood 
forth  in  the  Federal  Senate  a  truly  national  statesman.  It 
had  been  well  for  North  Carolina  and  her  future  position  in 
the  Union  had  she  adhered  to  the  leadership  of  Johnston, 
Davie,  Iredell  and  the  men  who  stood  with  them, — men  too 
wise  to  trifle  with  their  principles,  too  sincere  to  conceal  their 
convictions,  and  too  brave  and  high-minded  to  mislead  their 
people  even  for  so  great  a  reward  as  popular  favor.  But  in 
the  loud  and  somewhat  blatant  politics  of  that  day  these  men 
could  play  no  part,  and  one  by  one  they  were  gradually  forced 
from  public  life  to  make  way  for  other  leaders  who  possessed 


Samuei-  Joi[nstox.  29 

neither  their  wisdinn,  their  sincerity,  nor  their  courage.  In 
1793,  Samuel  J(»hiiston  retired  from  the  Senate,  and,  except 
for  a  brief  term  on  the  bench,  spent  the  remaining  twenty- 
three  years  of  his  life  in  the  full  enjoyment  of  his  hajjpy 
family  circle. 

Thus,  ^Ir.  Grand  blaster,  I  have  endeavored  to  point  out, 
as  briefly  as  possible,  why  it  is  that  we  deem  Samuel  John- 
ston worthy  of  a  niche  under  the  stately  dome  of  our  Capitol 
in  company  with  Graham,  and  Ransom,  and  .Morehcad.  On 
the  mere  score  of  office-holding  he  surpassed  any  of  them; 
indeed,  his  career  in  this  respect  has  not  been  surpassed  by 
any  other  in  our  history.  But  in  the  fierce  light  of  History 
what  a  paltry  thing  is  the  mere  holding  of  pnblic  office;  and 
how  quickly  posterity  forgets  those  who  present  no  other 
claim  to  fame.  Posterity  remembers  and  honors  him  only 
who  to  other  claims  adds  those  of  high  character,  lofty  ideals, 
and  unselfish  service ;  whose  only  aims  in  public  life  are  the 
maintenance  of  law,  the  establishment  of  justice,  and  the 
presen-ation  of  lil^erty ;  who  pursues  these  ends  with  a  fixity 
of  purpose  which  never  weakens,  a  tenacity  which  never 
slackens,  and  a  deteraiination  which  never  wavers.  Measur- 
ing Samuel  Johnston  by  this  standard,  I  am  prepared  to  say 
that  among  the  statesmen  of  North  Carolina  he  stands  with- 
out a  superior.  Indeed,  taking  him  all  in  all,  it  seems  to  me 
that  he  approaches  nearer  than  any  man  in  our  history  to 
Tennyson's  fine  ideal  of  the  ^'Patriot  Statesman." 

O  Patriot  Statesman,  be  thou  wise  to  know 
The  limits  of  resistance,  and  the  bounds 
Determining  concession;  still  be  bold 
Not  only  to  slight  praise  but  suffer  scorn; 
And  be  thy  heart  a  fortress  to  maintain 
The  day  against  the  moment,  and  the  year 
Against  the  day;   thy  voice,  a  music  heard 
Thro'  all  the  yells  and  counter-yells  of  feud 
And  faction,  and  thy  will,  a  power  to  make 
This  ever-changing  world  of  circumstance, 
In  changing,  chime  to  never-changing  Law. 


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