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Proceedings and Debates of the Convention of North-Carolina, Hillsborough, 1788.Open the sourceAll sources
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- Revolution and early republic · 1775–1799
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The Hillsborough ratification convention
North Carolina's convention on the federal Constitution met at Hillsborough from July 21 to August 4, 1788, with Governor Samuel Johnston presiding. Led by Willie Jones, the majority defeated ratification 184 to 84 on August 1, adopted a declaration of rights and twenty-six amendments to lay before Congress, and fixed the seat of government in Wake County before adjourning. A second convention at Fayetteville ratified in November 1789.
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The convention appoints a committee of privileges and elections with three members from each district
The convention set up a 27-member committee of privileges and elections, three from each district, which went on to rule on the disputed returns. Alexander Mebane of Orange County sat on it with Thomas Person, William R. Davie and James Iredell.
People: Thomas Person · James Iredell · William Richardson Davie · Alexander Mebane
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The convention names a select committee to draft its rules of debate
On its first day the convention asked William R. Davie, Thomas Person, James Iredell, Elisha Battle, Richard Dobbs Spaight, Samuel Spencer and a member named McDonald to propose rules for its discussion of the Constitution.
People: Thomas Person · James Iredell · Richard Dobbs Spaight · William Richardson Davie · Samuel Spencer
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The ratification convention opens at Hillsborough and elects Governor Samuel Johnston its president
A majority of the elected delegates met at the church in Hillsborough and chose Governor Samuel Johnston president without a dissenting vote. They then named John Hunt and James Taylor clerks and appointed doorkeepers.
People: Samuel Johnston
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The convention adopts eighteen rules for the conduct of its members
The rules committee reported and the convention agreed to its rules with one article left out. The rules let any two members call for a recorded yea-and-nay vote and excused Quaker members from the ban on wearing hats in the house.
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William Lenoir brings a petition against the Dobbs County election before the convention
On Lenoir's motion the convention read the Dobbs County return and a petition from county residents complaining of an illegal election, and sent both to the committee of elections. Richard Dobbs Spaight added the sheriff's deposition and copy of the poll with other depositions, and Stephen Cabarrus two more depositions.
People: Richard Dobbs Spaight · William Lenoir
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The convention has the state and federal founding documents read and receives news of two states' ratifications
On James Galloway's motion, seconded by Macon, the clerks read the state Bill of Rights and constitution, the Articles of Confederation, the act naming North Carolina's deputies to Philadelphia and the resolve of Congress sending the Constitution to the states. Johnston then laid before the members official accounts of ratification by Massachusetts and South Carolina.
People: Samuel Johnston · James Galloway
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The convention unseats the Dobbs County delegates and voids both of the county's elections
The committee of elections reported that a riot at the first Dobbs poll had carried off the ballot box before all the ballots were counted, and that a majority of the county had not approved the second election the governor recommended. The convention agreed that the sitting members vacate their seats and that both elections were void.
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Willie Jones moves that the Hillsborough Convention vote on the Constitution at once
Jones moved that the question on the federal Constitution be put immediately, arguing that members had long since made up their minds and that a long sitting would waste public money. Thomas Person seconded him and James Iredell objected. The convention took up the Constitution clause by clause instead, debating it for eleven days.
Part of Hillsborough ratification convention, 1788 · 28 events
People: James Iredell · Thomas Person · James Galloway
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The convention resolves itself into a committee of the whole with Elisha Battle in the chair
After David Caldwell's attempt to fix governing maxims for the debate was set aside, the delegates went into committee of the whole, Elisha Battle presiding, and began reading the proposed Constitution clause by clause. The committee sat each day through July 31 except Sunday, July 27.
People: James Iredell · Willie Jones · David Caldwell
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Samuel Spencer argues that the Constitution's elections clause strikes at the state legislatures
In his first long speech at the Hillsborough convention, Spencer called the clause giving Congress control over the time, place and manner of elections reprehensible because it took from the states a power over elections he believed was theirs, and said it looked toward a consolidated national government.
Part of Hillsborough ratification convention, 1788 · 28 events
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The convention rules that Fayetteville has no right to a delegate and seats Thomas Devane for New Hanover
Adopting a second report from the committee of elections, the convention held that the town of Fayetteville had no right of representation, so John Ingram, returned for the town, could not sit. It seated Thomas Devane Sr. for New Hanover County, finding that ballots for him written two ways were meant for the same man.
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James Galloway speaks on the slave trade clause at the Hillsborough convention
In committee of the whole, Galloway said he wished to see the "abominable trade" in enslaved people ended, objected to a federal tax on all immigrants, and warned that freeing enslaved people would destroy the property of the southern states. He said the state could not be happy if freed people stayed among the white population after manumission.
Part of Hillsborough ratification convention, 1788 · 28 events
People: James Iredell · Richard Dobbs Spaight
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Samuel Spencer objects to the reach of the federal courts at the Hillsborough convention
Spencer objected to the federal courts' jurisdiction over all cases arising under the Constitution and federal laws and over suits between citizens of different states, warning that it would be oppressive and would carry people far from home in cases the state courts could decide.
Part of Hillsborough ratification convention, 1788 · 28 events
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Samuel Spencer presses for a bill of rights at the Hillsborough convention
Answering a Federalist claim that powers not granted were retained, Spencer argued that without an express bill of rights nothing marked the boundary the new government could not cross, and that the people would want one before accepting the Constitution.
Part of Hillsborough ratification convention, 1788 · 28 events
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Governor Johnston moves in committee that the convention ratify and propose amendments afterward
When the committee of the whole reached the seventh article, read without objection, Johnston moved that North Carolina ratify the Constitution and at the same time propose amendments to be made by one of the methods it provides. His motion put the question of ratification before the committee for the first time.
People: Samuel Johnston
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Samuel Spencer defends the Constitution's ban on religious tests for office
When delegates complained that the Constitution required no religious test for office, Spencer argued for freedom of worship and against any established religion, saying religious tests had caused persecution everywhere and would shut conscientious people out of office.
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William Lenoir speaks against the Constitution at the Hillsborough convention
In committee of the whole at Hillsborough, Wilkes County delegate William Lenoir said his constituents had instructed him to oppose the Constitution. He argued that its framers had exceeded their powers, that it secured no rights and lacked protection for trial by jury and the rights of conscience, and that it led to a dangerous aristocracy.
Part of Hillsborough ratification convention, 1788 · 28 events
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Willie Jones's previous question carries 183 to 84, setting aside Johnston's ratification motion
Jones answered Johnston by moving the previous question, meaning to bring in his own resolution calling for amendments before North Carolina adopted the Constitution. After long argument the committee carried it 183 to 84, and its chairman, James Kenan, reported resolutions not yet put in form.
People: Willie Jones · Samuel Johnston
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The committee of the whole adopts Willie Jones's resolution for a declaration of rights and amendments before ratification
After a day of debate on the resolution, Davie asked that the amendments be taken one at a time, but the committee approved the resolution as it stood by a large majority. Kenan reported it to the convention, which ordered it to lie on the table overnight.
People: Willie Jones · William Richardson Davie
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Iredell's motion to ratify and recommend amendments afterward is defeated 184 to 84
Declaring all debate at an end and the majority irresistible, James Iredell moved that the convention ratify the Constitution and recommend amendments afterward, so that the minority's view would stand on the journal. The yeas and nays were taken and the motion lost, 84 to 184.
People: James Iredell · Willie Jones
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Orange County's delegates vote against ratifying the Constitution before amendments
In the 184 to 84 roll call that defeated Iredell's amendment to ratify, Alexander Mebane, William Mebane, William McCauley, Jonathan Lindley and William Shepperd of Orange all voted no, as did A. Tatom. The next day the same members voted to concur in the declaration of rights and amendments.
People: William McCauley · Alexander Mebane · Absalom Tatom
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The majority votes to keep Iredell's ratification motion off the journal, then agrees to let it be offered as an amendment
When Samuel Spencer moved to concur with the committee's report, Iredell moved to postpone it for his own resolution, and the house fell into confusion, with Whitmill Hill warning that the minority would secede. Willie Jones carried a motion that Iredell's motion had no right to a place on the journal, but while the yeas and nays were being taken the two sides agreed that Spencer would withdraw and Iredell would offer his resolution as an amendment.
People: James Iredell · Willie Jones · Samuel Spencer
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The convention adopts a declaration of rights and twenty-six amendments to be laid before Congress before ratification
On Thomas Person's motion the convention concurred with its committee of the whole, resolving that a declaration of rights of twenty articles and twenty-six amendments to the most ambiguous and exceptionable parts of the Constitution be laid before Congress and a convention of the states before North Carolina would ratify. On Willie Jones's motions it also recommended a state impost matching whatever Congress laid, urged redemption of the paper currency, and ordered the resolutions sent to Congress and the twelve other states.
People: Willie Jones · Archibald Maclaine · Thomas Person · William Richardson Davie · James Galloway
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The convention directs its president to send its resolutions to Congress and the other twelve states
A unanimous resolution asked Samuel Johnston to forward the resolution on the Constitution, with the impost and paper money resolutions, to Congress and to the executives of the twelve other states.
People: Samuel Johnston · Willie Jones · James Galloway
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The convention recommends that North Carolina collect an impost for the use of Congress
Having neither ratified nor rejected the Constitution, the convention adopted by a large majority Willie Jones's resolution asking the legislature to lay a duty on goods imported into North Carolina whenever Congress laid an impost in the ratifying states, and to pay the money to Congress.
People: Willie Jones · James Galloway
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The convention unanimously urges the Assembly to redeem the state's paper currency
On Willie Jones's motion, seconded by James Galloway, the convention asked the General Assembly to retire the state's paper currency as quickly as the people's circumstances allowed.
People: Willie Jones · James Galloway
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