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Orange County and the 1835 constitutional convention, 1822–1835

How Orange County took part in reforming the state constitution: the Fourth of July toasts and reform meetings of 1822 and 1823, the 1835 vote for a convention, the nominating meetings and platforms, James S. Smith’s motion on borough seats and the county’s vote on the amendments.

Reforming the state constitution threatened Hillsborough's borough seat, the town's own member in the House of Commons, yet Orange pressed for reform. Toasts at Hillsborough in 1822 and 1823 said the constitution needed mending, and in 1823 a county meeting named four delegates, Thomas Ruffin among them, to a reform meeting at Raleigh; voters elected all four. In April 1835 Orange voted 1,648 to 111 for a convention, and Hillsborough itself voted 228 to 23 in favor. Candidates were pressed on the 32nd article, the religious test for office. At Raleigh, James S. Smith moved to abolish borough seats entirely and lost 61 to 67, but Hillsborough lost its member. Orange voters approved the amendments that November.

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The full story

At Hillsborough's Fourth of July dinner in 1822 the company drank to a state constitution that 'wants mending,' and a toast the next year called it defective and in need of amendment. On May 29, 1823 a county meeting at the Hillsborough court house resolved that the constitution ought to be amended and recommended Thomas Ruffin, Willie P. Mangum, James S. Smith and Michael Holt as Orange's delegates to a reform meeting at Raleigh in November. Voters elected all four in August. In April 1835 Orange voted 1,648 to 111 for a constitutional convention, and Hillsborough, which stood to lose its borough seat, voted 228 to 23 in favor. At Red Mountain on April 25 eastern Orange nominated Ruffin and Frederick Nash, and on May 2 a Hawfields muster meeting nominated William Montgomery, Smith and James Mebane and demanded the candidates' views on the 32nd article, the religious test for office. Smith published an address favoring the end of borough representation and election of the governor by the people, while opposing any change to the 32nd article, as Montgomery also did. On May 21 the voters chose the two physicians. At Raleigh on June 11 Smith moved to abolish borough seats entirely, and the motion failed 61 to 67, but Hillsborough lost its own member in the House of Commons. Orange voters approved the amendments that November.

In the chronology

Events in this storyline, in date order. See these 11 dated events in the chronology →

  1. Hillsborough celebrates the Fourth of July with a reading, an oration and a dinner at Faddis's Hillsborough citizens marked the forty-sixth anniversary of independence by gathering at the church at eleven, where John Scott read the Declaration of Independence and Robert N. Ogden gave an oration. They then dined at Mr. Faddis's and drank twenty-odd toasts, among them ones to the university, internal improvements, the Orange Agricultural Society and a state constitution that 'wants mending.'Search the index · Hillsborough Recorder, July 10, 1822, p. 3
  2. An Orange County meeting declares the state constitution defective and names four delegates for the reform convention Delegates from the county's militia captains' districts met at the Hillsborough court house, resolved that the state constitution was defective and ought to be amended, and endorsed the Raleigh convention movement. They recommended Thomas Ruffin, Willie P. Mangum, James S. Smith and Michael Holt as Orange's delegates to the November meeting at Raleigh and asked the sheriff to open a poll for delegates at the next election. People: Thomas Ruffin, Willie P. Mangum, James Strudwick Smith, Duncan CameronSearch the index · Hillsborough Recorder, June 11, 1823, p. 3
  3. Hillsborough celebrates the Fourth of July with a procession, oration and toasts Townspeople assembled at the court house and marched to the church, where Priestly H. Mangum read the Declaration of Independence and William Littlejohn gave the oration, with prayers by the Reverends Witherspoon and Kollock. After a dinner provided by Mr. Faddis the company drank thirteen toasts at the mountain spring, one declaring the state constitution defective and in need of amendment. People: John WitherspoonSearch the index · Hillsborough Recorder, July 9, 1823, p. 3
  4. Orange County voters elect Ruffin, Holt, Mangum and Smith delegates to the reform convention At the August election Orange County voters chose Thomas Ruffin, Michael Holt, Willie P. Mangum and James S. Smith as the county's delegates to the November convention meeting at Raleigh on amending the state constitution. The sheriff also took a separate vote for and against a convention. People: Thomas Ruffin, Willie P. Mangum, James Strudwick SmithSearch the index · Hillsborough Recorder, September 10, 1823, p. 3
  5. Orange County votes overwhelmingly for a constitutional convention Orange voted 1,648 to 111 for calling a convention to reform representation, and Hillsborough, which stood to lose its borough seat, voted 228 to 23 in favor. People: Dennis HearttSearch the index · Lefler and Wager, Orange County, 1752-1952 (1953), p. 86 · Also: Hillsborough Recorder, April 10, 1835, p. 3
  6. A Red Mountain meeting nominates Thomas Ruffin and Frederick Nash for the constitutional convention Citizens of eastern Orange met at Red Mountain and nominated Chief Justice Thomas Ruffin and Judge Frederick Nash as the county's delegates to the constitutional convention, after Senator Willie P. Mangum, also nominated, asked to be excused because men deep in party politics should not revise the constitution. People: Willie P. Mangum, Thomas Ruffin, Frederick Nash, Harrison ParkerSearch the index · Hillsborough Recorder, May 1, 1835, p. 3
  7. A Hawfields muster meeting nominates convention candidates and demands their views on the religious test After a militia muster at David Mebane's in the Hawfields, a meeting chaired by Dr. James A. Craig nominated William Montgomery, James S. Smith and James Mebane for the constitutional convention, added Joseph Allison, and resolved to support no candidate who would not state his views on the 32nd article (the religious test for office) and on judges' salaries. People: William Montgomery, James Strudwick Smith, James Mebane, Joseph Allison, James A. CraigSearch the index · Hillsborough Recorder, May 15, 1835, p. 3
  8. Convention candidates James S. Smith and William Montgomery publish their platforms Dr. James S. Smith published an address to Orange voters favoring the end of borough representation, election of the governor by the people and biennial sessions, while opposing any change to the 32nd article; Dr. William Montgomery published his own opposition to striking out the 32nd article and to protecting judges' salaries. Both were elected delegates on May 21. People: James Strudwick Smith, William MontgomerySearch the index · Hillsborough Recorder, May 15, 1835, p. 3
  9. Orange County sends physicians William Montgomery and James S. Smith to the 1835 convention Ten men were put forward at meetings around the county, and the voters chose two physicians, William Montgomery and James S. Smith. Each sided with the majority that abolished borough seats, which cost Hillsborough its own member in the House of Commons. People: Thomas Ruffin, Frederick Nash, William MontgomerySearch the index · Lefler and Wager, Orange County, 1752-1952 (1953), p. 86 · Also: Hillsborough Recorder, May 29, 1835, p. 3
  10. James S. Smith of Orange moves to abolish borough seats at the 1835 convention At the state constitutional convention in Raleigh, James S. Smith, one of Orange County's two delegates with William Montgomery, moved on June 11, 1835, to abolish borough representation entirely; the motion failed 61 to 67. The convention's committee later recommended taking the House seat from Hillsborough, Halifax and Salisbury while keeping it for four other towns. People: William MontgomerySearch the index · Documenting the American South: Journal of the Convention ... Which Assembled in the City of Raleigh, on the 4th of June, 1835
  11. Orange voters approve the amendments to the state constitution At polls held over three days, Orange County voters approved the amendments to the state constitution framed by the convention at Raleigh that summer. Hillsborough voted 150 to 24 in favor; only the Lee's Store and W. Horner's precincts returned majorities against.Search the index · Hillsborough Recorder, November 13, 1835, p. 3

Background on Politics & Government

Background reading on Politics & Government. These works cover the broader subject and may not discuss this storyline. Follow a link to find a copy or view the material.

Widely held

A Consequential Life: David Lowry Swain, Nineteenth-Century North Carolina, and Their University

Whichard, Willis P. · 2022

Willis P. Whichard's biography of David Lowry Swain, governor of North Carolina from 1832 to 1835 and president of the University of North Carolina from 1835 until his death in 1868. The subtitle ties Swain, nineteenth-century North Carolina and the university together, and the book belongs with the lives of college presidents and governors. Published in 2022.

Life and Times of Edmund Fanning, 1739-1818

Dunaway, Stewart E. · 2011

Stewart E. Dunaway's life of Edmund Fanning (1739-1818), the colonial officeholder in Hillsborough whom the Regulators singled out and who left North Carolina as a loyalist, together with the Fanning family's genealogy. Self-published through Lulu in 2011, 223 pages with illustrations, facsimiles, genealogical tables and maps. Topics include American loyalists and Hillsborough and Orange County biography and genealogy.

The Good Government Man

Covington, Jr., Howard E. · 2010

Howard E. Covington Jr.'s biography of Albert Coates (1896-1989), the law professor who founded the Institute of Government at the University of North Carolina and led it through its early years. Topics include Coates as a law teacher and the institute's history as a center for the study of public administration in Chapel Hill. Published in 2010 by the University Library at Chapel Hill, 322 pages with 32 pages of plates.

The Courage to Lead: One Man's Journey in Public Service

Lee, Howard N. · 2008 · Cotton Patch Press

Howard N. Lee (born 1934) tells his own story, from a farm childhood in Lithonia, Georgia, through college, army service in Korea at Camp Casey and the move from Savannah that planted him in Chapel Hill, to his election as mayor of Chapel Hill in 1969 and his later run for Congress and years in the state legislature. Published by Cotton Patch Press of Chapel Hill in 2008, 199 pages with plates.

Oral history interview with Charles M. Jones, November 8, 1976: interview B-0041, Southern Oral History Program Collection (#4007)

Jones, Charles Miles · 2008 · University Library, UNC-Chapel Hill

A longer Southern Oral History Program interview with Presbyterian minister Charles M. Jones (1906-1993), recorded November 8, 1976, by Joseph A. Herzenberg. Jones traces his civil rights work in Chapel Hill from the 1930s into the 1960s. He characterizes town and university leaders, Frank Porter Graham among them, as cautiously liberal on race, willing to allow a little integration at performances and student activities, and describes the church's place in the town's social conflicts. Published online in 2008 in Documenting the American South.

Oral history interview with Daniel H. Pollitt, April 5, 1991: interview L-0064-7, Southern Oral History Program Collection (#4007)

Pollitt, Daniel H. · 2008 · University Library, UNC-Chapel Hill

Seventh of nine Southern Oral History Program interviews with Daniel H. Pollitt, a professor at the UNC School of Law. Recorded April 5, 1991, by Ann McColl, this session of just under an hour is devoted to the Speaker Ban Law, the 1963 act of the General Assembly that barred Communists and certain other speakers from state campuses, and to the fight over it at Chapel Hill in the mid-1960s, in which Pollitt took part. Published online in 2008 in Documenting the American South.

Show 6 more

Oral history interview with Daniel H. Pollitt, February 15, 1991: interview L-0064-4, Southern Oral History Program Collection (#4007)

Pollitt, Daniel H. · 2008 · University Library, UNC-Chapel Hill

Race, sports and student protest at UNC are the subjects of this fourth interview with law professor Daniel H. Pollitt, recorded February 15, 1991, by Ann McColl for the Southern Oral History Program. Pollitt discusses the integration of Carolina athletics, including basketball player Charlie Scott, the university's first Black scholarship athlete, the discrimination Black athletes met, student activism from the late 1950s through the 1960s, and the Campus Y. Published online in 2008 by the UNC-Chapel Hill Library in Documenting the American South.

Oral history interview with Pat Cusick, June 19, 1989: interview L-0043, Southern Oral History Program Collection (#4007)

Cusick, Pat · 2008 · University Library, UNC-Chapel Hill

Pat Cusick, a civil rights worker in Chapel Hill during the 1960s, was interviewed by Pamela Dean in June 1989. He explains how his schooling and military service changed his thinking about race, his frustration with campus liberalism at UNC, and his turn to civil disobedience as a student organizer in the town. Topics include civil rights workers, college student political activity and race relations in Chapel Hill. About two and a half hours; electronic edition issued by the UNC library in 2008 through Documenting the American South.

Oral history interview with Quinton E. Baker, February 23, 2002: interview K-0838, Southern Oral History Program Collection (#4007)

Baker, Quinton E. · 2008 · University Library, UNC-Chapel Hill

Quinton E. Baker, a Black gay man who took part in the Chapel Hill civil rights protests of the 1960s, was interviewed by Chris McGinnis in February 2002. He describes growing up under segregation with little contact with white people, an early awareness of his sexuality, and the way race and sexual identity together shaped his activism as a college student. About two and a half hours; electronic edition from the UNC library, 2008, through Documenting the American South.

I raised my hand to volunteer: students protest in 1960s Chapel Hill : an exhibit of the Manuscripts Department in the Wilson Library

Hollingsworth, Biff · 2007

Catalog of an exhibit mounted by the Manuscripts Department of Wilson Library from January 23 to May 31, 2007, on student protest in Chapel Hill during the 1960s. Topics include civil rights demonstrations, the Speaker Ban Law, the Black Student Movement, restaurant strikes and Vietnam War protests at the university. Compiled by Biff Hollingsworth, 59 pages with illustrations and facsimiles, published by the university library.

Oral history interview with Anne Queen, November 22, 1976: interview G-0049-2, Southern Oral History Program Collection (#4007)

Queen, Anne · 2007 · University Library, UNC-Chapel Hill

Second of two Southern Oral History Program interviews with Anne Queen (1911-2005), who came to Chapel Hill after years as an industrial worker and went on to direct the Campus YWCA-YMCA, a center of student activism. Recorded November 22, 1976, by Joseph Herzenberg, this hour-long conversation covers how Queen saw politics in the South and the nation change through the mid-twentieth century, and student political activity at UNC. Published online in 2007 by the UNC-Chapel Hill Library in Documenting the American South.

Oral history interview with Ashley Davis, April 12, 1974: interview E-0062, Southern Oral History Program Collection (#4007)

Davis, Ashley · 2007 · University Library, UNC-Chapel Hill

Ashley Davis, who entered UNC in 1968 and joined the Black Student Movement, recalls the 1969 strike by the university's cafeteria workers and the BSM's decision to stand with them when the workers asked. Recorded April 12, 1974, by Russell Rymer for the Southern Oral History Program, the hour-and-a-half interview touches on Chancellor J. Carlyle Sitterson, the Southern Student Organizing Committee and race relations among students on campus. Published online in 2007 by the UNC-Chapel Hill Library in Documenting the American South.

Start at OCPL

Books in OCPL’s Rebecca B. Wall Local History Collection whose titles, catalog subjects, or descriptions match this storyline. The Friends’ recommended starting points are labelled. Books marked Wider context cover the broader subject rather than this storyline itself.

  • Rebecca Wall Collection · NC 342.73 CRA The Federal Convention of 1787: North Carolina in the Great Crisis Craige, Burton · 1987

    North Carolina's part in the Constitutional Convention of 1787, told by Burton Craige (1875 to 1945) with biographical sketches of the state's delegates: William Blount, William R. Davie, Alexander Martin, Richard Dobbs Spaight and Hugh Williamson. Archibald Craige published it in 1987, the Convention's bicentennial; 200 pages with portraits, a bibliography and a folded color facsimile map in a back pocket.

  • Wider context · NC 342.73 MASSENGI North Carolina Votes on the Constitution: A Roster of Delegates to the State Ratification Conventions of 1788 and 1789 Massengill, Stephen E. · 1988

    North Carolina's two conventions on the federal Constitution met at Hillsborough, the Orange County seat, in July and August 1788, when the delegates voted 184 to 84 to neither ratify nor reject, and at Fayetteville in November 1789, when the state ratified. Stephen E. Massengill lists the delegates to both. Published in 1988 by the state Division of Archives and History; 86 pages, illustrated, with a bibliography.

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