Wednesday, June 27,1984 THE PILOT—Southern Pines, North Carolina Page 3-Section I (Continued From Page 2) challenge for the governorship from the moderate Martin, kept soulmate Moore “out of sight...What other reason could induce him to drop Moore for the Senate after so hard a struggle was made for him as a Senator four years ago, and the Idea of his offering again has been unifor mly kept up?” VII Whatever the condition of Moore’s popularity in the General Assembly may have been as the 18th century neared its end, it had been high indeed a dozen years before, in the Revolution’s wake. “So popular was he,” wrote the historian Ashe, “that when a new county was cut off from Cumberland, in 1784, it was named in his honor.” Moore then was 29 years old, and had been attorney general for just two years. (Ashe, who lived until 1938 and was the last of the Confederate commissioned of ficers, must have especially ap preciated Moore’s honor. He too was a member of the Cape Fear rice-planting aristocracy, and Ashe County was named in 1799 for his grandfather, Governor Samuel Ashe.) If Moore ever visited his namesake county, there is no record of it. But he frequently was in the vicinity, traveling from his plantation to the State’s courthouse towns, including Hillsborough. At Hillsborough he built “Moorefields,” a summer residence for his family, in 1785. The eight-room Georgian Colonial house, with hand-hewn timbers fastened with wooden pegs and hand-wrought nails, was restored privately about 20 years ago. The Moores usually arrived there in May and stayed until frost, in the manner of all the malaria-country planters who could afford to beat the heat. At about the time the Hillsborough house was finished, Moore figured in one of the most famous cases in North Carolina’s judicial history-one that would provide an interesting twist to his closing career. It concerned an act that Radical Whigs pushed through the 1785 legislature. Of all the states. North Carolina was the most divided in loyalties during the Revolutionary period. The Con fiscation Acts of 1777 and 1779 did not eliminate Tories or dissolve sympathy for them, no matter Justice Moore One Of Founders Of University how much Tory wealth they net ted the state. The 1784 Treaty of Paris ad vised the states to restore to Tories all property seized from them. Governor Alexander Mar tin, the moderate who in a dozen years would fail against General Davie in a comeback attempt, urged the General Assembly to respond kindly. A compromise resulted. But it was a harsh compromise, and North Carolina continued to sell confiscated Tory property to bidders. Then the 1785 legislature passed a law denying the courts a right “to entertain suits for the recovery of property” with title based on the Confiscation Acts. Nevertheless, a suit (Bayard V. Singleton) was brought by a daughter of Samuel Cornell, a wealthy Tory merchant of New Bern, to recover property willed her by her father that had been claimed by the state and sold to a man named Singleton. Attorney General Moore and Abner Nash, counsel for the defendant, moved for dismissal under the 1785 statute. The plaintiff also had able Counsel-General Davie, Samuel Johnston, and James Iredell. Those three argued that the North Carolina Constitution of 1776, guaranteeing trial by jury, took precedence over any legislative act. The court-Judges Samuel Spencer, John Williams, and Samuel Ashe- deferred ac tion to see if the next legislature would repeal the act and render the case moot. But the legislature convening in November 1786 instead brought charges against the judges for failure to dismiss the suit and ordered “an enquiry into the present state of the ad ministration of justice in the Superior Courts.” Judges Spen cer and Williams appeared at committee hearings. Judge Ashe, declaring himself “righteous and therefore bold,” kept his distan ce. The committee upheld the court in a report adopted by the legislature on the first day of 1787. Emboldened, in November the court ruled that the 1785 law was “unconstitutional and void.” But it also held that Cornell and his daughter, who were British subjects, as aliens could not hold land in the state and that no alien enemy had any political rights. A jury in consequence found for the defendant Singleton. Twenty- seven cases of’a ^similar nature were dropped from the court docket. “The significance of Bayard v. Singleton,” wrote Hugh Lefler and A.R. Newsome in “The History of a Southern State: Nor th Carolina” (1954), “is that it was the ‘first decision under a written constitution’ declaring a legislative act unconstitutional-a principle applied by Chief Justice Marshall in Marbury v. Madison in 1803, and now considered a fundamental principle of American law.” Alfred Moore joined John Mar shall in the Marbury decision. In the New Bern suit he had argued the opposite side of the judicial- review issue. But as attorney general he had no choice; it was his sworn duty to represent the state’s position. IX Public life after being attorney general of North Carolina was un even for Moore. He represented Brunswick County in the General Assembly’s House of Commons in 1792. Upon the passage that year of a bill for the appointment of North Carolina commissioners to settle a long-standing boundary dispute with South Carolina, he was among the four chosen. No action having been taken by 1796, he was named to a second com mission with extended authority. The dispute remained unresolved when he resigned. President John Adams nominated him in January 1798 to conclude a treaty with the Cherokees. He withdrew before the task was completed in Oc tober. If his tenure as a state judge was too brief to be productive, the office must have enhanced his renown as a legal scholar never theless. Upon the death of James Iredell, who admired him, he was nominated by President Adams for Iredell’s seat on the Supreme Court on December 7,1799. Iredell and Moore to this day remain the only North Carolinians to have ascended to the High Court. The moderate John J. Parker was nominated to it by President Herbert Hoover but rejected by the Senate, the victim of a youthful identity with “lily-white” Republicanism and of a decision he wrote for the Fourth U.S. Circuit Court of Ap peals that angered organized labor. The only opinion that Mr. Justice Moore wrote was Bas v. Tuigy (1800), followed seriatim by opinions of other justices. The Court held that a state of “limited, partial” war existed with France-a position hailed by Federalists and deplored by Jef fersonians. Weary and ill, Moore resigned in 1804. Old and worn out at 55, he died at his daughter’s home in Bladen County on October 15, 1810. A North Carolina historical marker was placed at his grave in September 1963. Fittingly, it was sponsored by the bar of the county that bears his name. Moore Historical Markers Moore's First Court The first Moore County Court was held in the dwelling house of Kenchion Kitchen beginning the third Monday, August 20, 1784. For a year before the first courthouse was constructed, court was conducted in the homes of citizens of the county, the dwellings of Kenchion Kitchen and William Seal were said to have been the most used for that purpose. Present at that first court session were Thomas Matthews, William Seal, Richard Feagan, Charles Crofford, Phillip Alston and William Barrett, justices. The above being duly qualified as the law decrees, they took their seats accordingly. That first session ordered that John Gillmore be appointed constable to attend court and was qualified accordingly. It then adjourned to the next day, Tuesday, August 21, 1784. Present on that second day of court were: Charles Crofford, John Robertson, Phillip Alston, William Seal and William Scoggin. The court then proceeded to appoint a clerk. Phillip Alston being unanimously chosen as clerk entered into a bond with John Robertson and Charles Crofford, securities, and was qualified accordingly and appointed George Glasscock his deputy, which the court accepted. Court then proceeded to appoint a sheriff, proclamation being first made, the following names were offered to wit: William Scoggin, Kenchion Kitchen and James Maples. William Scoggin being unanimously chosen entered into a bond with John Robertson, Charles Crofford and John Cox, sureties and was qualified accordingly. It also ordered that a number of persons be appointed to superintend the polls at the next election and the sheriff was to summon the names.-WOOD- ROW WILHOIT. There are 12 Historical Markers in Moore County, accor ding to the “Guide to North Carolina Historical Markers,” published by the State Division of Archives and History. The markers, their locations and inscriptions are as follows: WALTER HINES PAGE Ambassador to Great Britain during World War, journalist, editor, publisher. Tomb one mile east. US 1 in Aberdeen, Moore Coun ty. MECHANIC’S HILL Site of extensive gunsmithing operations in 18th and 19th cen turies. The Kennedy family led in producing long rifles. SR 1002 in Robbins, Moore County. BENJAMIN WILLIAMS Four times Governor; Revolu tionary officer; congressman. Grave is 9Vz miles north. Junction of US 15-501 and NC 24-27 east of Carthage, Moore County. ALSTON HOUSE Philip Alston’s Whigs were defeated there by David Fanning’s Tories, 1781. Later the home of Benj. Williams, Gover nor, 1800-02. Is 9% mi. No. Junction of US 15-501 and NC 24-27 east of Carthage, Moore County. PLANK ROAD The route of the old Fayetteville-to-Salem plank road, a toll road 129 miles long, built in 1849-54, crosses the highway near this point. US 1 near Cameron, Moore County. PLANK ROAD This street is the route of the Fayetteville-to-Salem plank road, a toll road 129 miles long, buUt 1849-54. Main Street in Carthage, Moore County. JAMES BOYD (1888-1944) Author of “Drums” and “Mar ching On” and other historical novels. His home is three-tenths of a mile east. Intersection of May and Ver mont streets in Southern Pines, Moore County. ALEXANDER McLEOD Colonel in command of loyalist forces in battle of Moore Creek fi^ridge, Feb. 27, 1776. His home, “Glendale,” was iy2 miles west. US 15-5{)1 south of Carthage, Moore County. SAMARCAND State home and industrial school for girls, opened 1918. Academic and vocational train ing. Is three miles south. NC 211 north of Samarcand, Moore County. TORY RENDEZVOUS Before going to battle of Moore’s Creek Bridge, Feb., 1776, Tories of this area met in Cross Hill, at Alexander Morrison’s home, 125 yards S.W. NC 22-27 north of Carthage, Moore County. JOHN MACRAE Gaelic poet. Emigrated from Scotland in 1774. Loyalist during the Revolution. His home stood 2V2 miles south. Intersection of NC 24-27 SR 1262 of Carthage, Moore County. JOHNBETHUNE Early pastor for Scots in N.C.; chaplain for Loyalists at Battle of Moores Creek Bridge, 1776. First Presbyterian minister in Ontario. Lived 4 mi. S. Intersection of NC 24-27 SR 1264 east of Robbins, Moore County. ABERDEEN onoROCKFISH RAILROAD "The Road of Personal Service ## JOHN BLUE Serving: AAoore County Hoke County Cumberland County Serving: Industry of N.C. Serving: Ft. Bra99 and National Defense 1984 ROBERT VEASEY rATimviui r«rt rrcMkag* The A&R Railroad’s diesel locomotives move freight daily through the finest industrial development sites (in the N.C. Sandhills) bet ween Aberdeen and Fayetteville. President Robert Veasey invites your inspection of prime locations currently available to serve your growth needs. Call 944-2341 or Write P.O. Box 917 Aberdeen, N.C. 28315 STEAM LOCOMOTIVE DIESEL LOCOMOTIVE

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