The People's Law: Popular Sovereignty and State Formation In
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The People‘s Law: Popular Sovereignty and State Formation in North Carolina, 1780- 1805 Dissertation Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By Gregory Scott King-Owen Graduate Program in History The Ohio State University 2011 Dissertation Committee: Dr. John L. Brooke, Advisor Dr. Alan Gallay Dr. Margaret E. Newell Copyright By Gregory Scott King-Owen 2011 Abstract Between 1780 and 1805 North Carolina‘s government struggled to define the parameters of statehood through its policies. In the creation of the state, petitions from ordinary citizens played a central role in the debate over the people and their relationship to the government. Courted by emerging Federalists in the late 1780s, the people found themselves elevated to a central role in the political life of the state through their petitioning power. By the late 1790s, however, lawyers turned away from the people as a source of power through petitioning and tried to channel grievances through a court system whose rules would protect the purity of process over the substantive claims of petitioners. ii Dedication To Shawn Ἡ ἀγάπη οὐδέποτε ἐκπίπτει iii Acknowledgments The hard-working staff of the North Carolina Division of Archives and History retrieved the more than two hundred boxes of archival material upon which this dissertation depends for its life-blood. Their help and the work of the archivists in saving and organizing the mundane documents of North Carolina‘s early government after the Revolution deserves not only my thanks but the generous applause and support of every citizen of the state. Archivists and staff at the Southern Historical Collection at the University of North Carolina Chapel Hill and Duke University‘s Manuscripts and Special Collections library have also earned my gratitude for their help. The librarians at the Ohio State University who worked hard to obtain inter-library loan materials allowed me to continue my research when away from North Carolina. As a scholar, I‘ve benefitted from the trail blazed before me by so many other scholars of North Carolina history. Two deserve special thanks: Alan Watson and Milton Ready. To Milton Ready I owe my penchant for metaphor and analogy in argumentation and the injunction to not forget western North Carolina. To Alan Watson I owe a deep appreciation for looking over previously used sources and coming up with something new to say. Both have been excellent mentors and models. At The Ohio State University, I have found intellectual communities who have nurtured my interests, quirky though they were. Dr. Margaret Newell graciously honed iv my sloppy thinking about state formation in two papers while Dr. Alan Gallay has provided helpful feedback; both provided excellent commentary and suggestions for improvement for this project. From Dr. Stephen Kern I learned all the joys of phenomenology though I can hardly say that I practice it well. Dr. Ken Andrien taught me much about state formation in Latin America. And my comrades in the program— Melissah, Colin, Katie, Joseph, and Glenn—you kept listening (or at least I think you did) when I wouldn‘t shut up about state formation. I have learned much from all of your projects. Without generous support from the Department of History, this dissertation could not have taken shape. I benefitted from several department grants which paid for research trips to North Carolina. The exceptionally liberal Kauffman Summer Research Award allowed me to do most of the counting of petitions that form the core of this book. John Brooke has nurtured and encouraged this project from my early interest in the public sphere in early America to the moment on April 21, 2008 at 3:30 pm when the idea behind this dissertation bubbled up during a conversation. Then, and since, he has played the roles of critic and nurturer with grace. I could not have asked for a better adviser. ii Vita 1994..........................................................Brevard High School 1998..........................................................B.A. History and Classics, UNC-Asheville 2006..........................................................M.A. History, UNC-Wilmington 2007 to 2011 ............................................Graduate Teaching Associate, Department of History, The Ohio State University Publications ―‗To Write Down the Republican Administration‘: William Boylan, the Federalists, and Newspaper Politics in North Carolina.‖ The North Carolina Historical Review 89:1 (April 2012) ―Conditional Confederates: Absenteeism in Western North Carolina Soldiers, 1861- 1865.‖ Civil War History 57:3 (December 2011). Fields of Study Major Field: Early American History Minor Field: Atlantic World Minor Field: Modern American History ii Table of Contents Abstract ............................................................................................................................... ii Dedication .......................................................................................................................... iii Acknowledgments.............................................................................................................. iv Vita ...................................................................................................................................... ii List of Abbreviations .......................................................................................................... ii List of Illustrations ............................................................................................................. iii Prologue He That Ruleth Over Men Must Be Just: Law and Popular Rule ...................... 1 Chapter 1 Ask, And It Shall Be Given You: Petitions and State Formation ................... 25 Chapter 2 Their Hearts Were Not Loyal: Postwar Politics, 1780-1784 .......................... 59 Chapter 3 Woe to You Experts in the Law: Law and Petitions, 1784-1787 .................... 96 Chapter 4 Where There is No Vision, The People Perish: Ratification, 1787-1790 ..... 133 Chapter 5 Not Slothful In Business: Legislative Professionalization, 1790-1805......... 176 Chapter 6 As Iron Sharpens Iron: The Clash of State and Federal, 1790-1795 ............. 216 Chapter 7 Throw Away the Foreign Gods: Rise of Public Opinion, 1793-1798 ........... 265 Chapter 8 How Long Will You Halt Between Two Opinions?: Political Parties .......... 308 Chapter 9 Return to the Land of Thy Fathers: Revolutionary Settlement to 1805 ........ 346 Epilogue The Days When the Judges Ruled: Resolution of Local and State Law ........ 401 References ....................................................................................................................... 413 iii Appendix A: Counting Early American Petitions .......................................................... 446 ii List of Abbreviations GASR, General Assembly Session Records (NCDAH) GLB, Governor‘s Letterbooks (NCDAH) GPSS, Governor‘s Papers, State Series (NCDAH) JSH, The Journal of Southern History NCDAH, North Carolina Division of Archives and History NCHR, The North Carolina Historical Review PAH, The Papers of Alexander Hamilton (Library of Congress, microfilm edition) PLD, Perkins Library, Special Collections, Duke University SHC, Southern Historical Collection, Wilson Library, University of North Carolina, Chapel Hill WMQ, The William and Mary Quarterly ii List of Illustrations Figure 1. James Iredell, Sr. ................................................................................................. 3 Figure 2. Map of North Carolina in 1783. ........................................................................ 69 Figure 3. Petitions to the General Assembly for Ratification, 1788. .............................. 158 Figure 4. North Carolina‘s First Legislative Building. ................................................... 180 Figure 5. Sectional Vote on Proposed Constitutional Reform, 1795. ............................. 199 Figure 6. Governor Martin‘s Proposed State Seal. ......................................................... 218 Figure 7. Distribution of Addresses in Support of President Adams, 1798. ................... 292 Figure 8. General Emancipation and Divorce Bill Votes. .............................................. 325 Figure 9. Popular Vote, Presidential Election of 1800. .................................................. 340 Figure 10. John Stanly and Richard Dobbs Spaight. ...................................................... 350 iii Prologue He That Ruleth Over Men Must Be Just: Law and Popular Politics North Carolina‘s state of affairs in 1786 vexed James Iredell. Just five years after Americans had worn down the British Army under Lord Cornwallis, Iredell‘s countrymen bickered over property rights, reintegration of Loyalists, taxes, paper money, and the miniscule powers of the prostrate central American government. Iredell‘s own state leaders, sitting in their sovereign capacity as the General Assembly, precipitated much of the public acrimony by intervening in the relationships between creditors and debtors and by denying jury trials to Loyalists seeking the return of their state-confiscated property under the terms of the Treaty of Paris, 1783. A lawyer by training, James Iredell considered North Carolina legislators‘ interposition between the fundamental law of the land and the individual unjustifiable; putting his analytical mind to the task of guarding against ―abuses of unlimited power,‖