Copy of the Proposed New Constitution for Sale in North Carolina

Document dealer Seth Kaller alerted me to an unusual artifact up for sale through Brunk Auctions on Saturday, 28 September.

At the end of the Constitutional Convention, that body sent its report to the Confederation Congress, then meeting in New York. That report took the form of the draft constitution.

The Congress accepted that report and had 100 copies printed on 28 Sept 1787. Charles Thomson, the Congress’s secretary, sent official copies to the states with the invitation to convene ratification conventions.

In North Carolina, Gov. Samuel Johnston presided over a convention in Hillsborough from 21 July to 4 August 1788. In the end they voted 184 to 84 to…reach no decision. The Anti-Federalist contingent insisted on a Bill of Rights, among other things. But they weren’t ready to reject the document outright.

All of the other states but Rhode Island did approve the new Constitution, however—some linking that approval to a Bill of Rights (saying “yes as long as…” rather than “no unless…”). The new federal government formed with only eleven states participating.

On 10 May 1789, Gov. Johnston and the North Carolina Council approved an address to George Washington, congratulating him on becoming President. That letter expressed hope that Congress would start the process of adding to the Constitution to “remove the apprehensions of many of the good Citizens of this State for those liberties for which they have fought and suffered in common with others.”

Washington was too ill to reply right away, but on 19 June he wrote back that he was “impressed with an idea that the Citizens of your State are sincerely attached to the Interest, the Prosperity and the Glory of America.”

In a letter to Rep. James Madison, Johnston responded, “Every one is very much pleased with the President’s answer to our Address. I have agreeably to your Wishes published them…” The exchange appeared in the State Gazette of North Carolina and in a broadside.

On 25 September, Congress approved twelve amendments to the Constitution. In November, North Carolinians gathered for another discussion of ratification, once again under Gov. Johnston. Public opinion had swung in favor of the new form of government, or at least not being left out of it. This time the vote was 194 to 77 for the Constitution.

Johnston then resigned as governor to become one of North Carolina’s first two U.S. Senators. On leaving Congress in 1793, he moved to another plantation, leaving his Hayes Farm in the hands of his son, James Cathcart Johnston. While having children with an emancipated mistress, Johnston never married, and in 1865 he bequeathed the property to his friend Edward Wood.

In recent years the Wood descendants started the process of turning that estate into a public historic site. In 2022, people cleaning the house looked through a file cabinet and found:

• A copy of the printed Constitution signed by Thomson and evidently sent to North Carolina. This is one of only seven such copies known and the only one in private hands. The last time a copy was sold was in 1891.
• A 1776 printing of the proposed Articles of Confederation.
• A printing of the proceedings of the Hillsborough Convention, the one that rejected the Constitution. 
• A copy of the broadside promulgating North Carolina’s letter to Washington and the new President’s reply.

I happen to be in Mecklenburg County, North Carolina, as I type this, so I could conceivably attend this auction on Saturday. But since I’m here for another event, and since the opening bid for the printed and signed Constitution is $1,000,000, I won’t be in the bidding.

A London Lad on the “Edenton ladies”

James Iredell (1751-1799, shown here) moved from England to America in 1767 in search of better prospects. Through family connections he got an office in the Customs service at the small port of Edenton, North Carolina. He also studied the law under Samuel Johnston, married his mentor’s sister in 1774, and established himself as a rising young gentleman.

Iredell supported the American resistance to Parliament’s new laws, writing a pamphlet on the subject titled To the Inhabitants of Great Britain in 1774. North Carolina being a small-population colony with only two newspapers, this made him a prominent local Patriot.

On 31 Jan 1775, Iredell’s seventeen-year-old brother Arthur sent him a letter from London, mostly about why he hadn’t written earlier and about his own studies in law books. But Arthur Iredell had also noticed rare news from Edenton in the Morning Chronicle. At least I assume he saw it there since I’ve found no evidence it was reprinted widely in the British press. Arthur wrote:

I see by the newspapers the Edenton ladies have signalized themselves by their protest against tea-drinking. The name of Johnston I see among others; are any of my sister[-in-law]’s relations patriotic heroines? Is there a female Congress at Edenton too? I hope not, for we Englishmen are afraid of the male Congress, but if the ladies, who have ever, since the Amazonian Era, been esteemed the most formidable enemies, if they, I say, should attack us, the most fatal consequence is to be dreaded. So dexterous in the handling of a dart, each wound they give is mortal; whilst we, so unhappily formed by nature, the more we strive to conquer them, the more are conquered!

The Edenton ladies, conscious, I suppose, of this superiority on their side, by former experience, are willing, I imagine, to crush us into atoms, by their omnipotency; the only security on our side, to prevent the impending ruin, that I can perceive, is the probability that there are but few places in America which possess so much female artillery as Edenton. Pray let me know all the particulars when you favor me with a letter.

Arthur Iredell thus responded to the Edenton women’s political activity with a standard eighteenth-century male trope: that women, despite having no political and limited economic rights, wielded such powerful sex appeal that men couldn’t possibly stand up to them.

Arthur eventually became a minister in England, marrying in 1792. James became a justice of the U.S. Supreme Court. Their rich uncle in Jamaica disinherited James for opposing the Crown, so Arthur received his slave-labor plantation. In 1804 he visited the island to check out that property and died.

TOMORROW: A second response from London.

Breakfast with Charles Lee and Spado

On 31 May 1776, Samuel Johnston wrote a letter to his sister Hannah Iredell from Halifax, North Carolina, describing what people were talking about in that town.

Instead of politics, the general topic of conversation in this place is horses, a subject which, though apparently perfectly understood, and repeatedly talked over, seems never to be exhausted.

When I first came up Gen. [Charles] Lee and his dogs had entirely supplanted the horses; a number of little anecdotes are told of them—among others, the general will not suffer Spado to eat bacon for breakfast (a practice very general both with gentlemen and ladies in this part of the country) lest it should make him stupid—

this piece of satire, however, has not prejudiced him in their good opinion: he is considered as a very polite, well-bred, and sensible gentleman by every one I have heard speak of him, making allowances for a few oddities, which all great men are indulged in, and which were not so many as they had reason, from report, to expect.

The Continental Congress had put Charles Lee in charge of the Southern Department on 1 May. He wrote from Williamsburg, Virginia, that he planned to set out for Halifax on 12 May, and he was there from the 20th to the 24th. Then he moved further south, reaching Charleston in early June.

Lee took command in South Carolina, unifying the Continental and militia forces and strengthening the port’s defenses. On 28 June Gen. Henry Clinton’s redcoats tried to take Fort Sullivan and failed. Soon afterwards, the Congress declared independence from Britain. That was the high point of the American cause for several more years, and Lee shared credit with Gen. George Washington for driving the British army out of the thirteen new states.

Johnston’s letter preserves a moment when Americans were still enthusiastic about Gen. Lee, forgiving his oddities, such as those dogs, and calling him “a very polite, well-bred, and sensible gentleman.” That reputation wouldn’t survive his rivalry with Washington. In the next century it’s hard to find any American historian writing about Lee as positively as Americans in 1776.