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assively preside by the end of june news of troop movements in the carolinas remained of great interest to both congress and johnston who still longed to return home on june 23 rd he writes thomas burke i had the pleasure of receiving your letter of the 4th of last month and is the latest intelligence which i have received from that country your representation differed very little from what i expected from that quarter so i was not much surprised you were very much out contrary to your usual sagacity with regard to the movements of lord cornwallis indeed both green and his lordship have taken their measures in a manner so diametrically opposite to what was generally expected that you were not the only person who was disappointed the assembly is now sitting at this place 2 and it is said discover a disposition to do great matters but you know these people better than i do and can better judge what is to be expected from them you will before this reaches you have heard that a negotiation for peace is on foot in europe under the mediation of the emperor empress queen of russia the events of this campaign will determine whether america is to reap any advantages from this measure we have just heard of a reinforcement having arrived at charlestown on the 10th of this month said to consist of about two thousand men three thousand were said to have embarked in that fleet the remainder are supposed to have gone to the west indies or come to virginia i have heard that our assembly was to meet the 15th instant and not doubting but the delegates are by this time ready to set off for this place i shall turn my face homeward as soon as completed a little business of considerable importance to our state 5 later that month sickness not only inflicted johnston but president huntington who explained his july 8 th resignation in letter to george washington that my health is so much impaired by long confinement and application as compels me to retire from congress thomas mckean on president huntington s resignation wrote samuel adams a new president of congress is to be chosen tomorrow as mr huntington will not continue any longer this honor is going a begging there is only one gentleman and he from the southward who seems willing to accept but i question whether he will be elected there are some amongst us who are so fond of having a great and powerful man to look up to that tho they may not like the name of king seem anxious to confer kingly powers under the titles of dictator superintendent of finance or some such but the majorities do not yet appear to be so disposed 6 national collegiate honor s council partners in the park class of 2017 students at the 2nd bank of the united states under the portrait of usca president samuel huntington sydney is holding up a revolutionary war dated manuscript document signed as president of the continental congress sam huntington may 16 1780 this is a 6 000 pay order issued to joseph borden commissioner of the continental loan office of new jersey for clothing chris is holding up a document signed by james lawrence and cancelled by oliver ellsworth jr for monies owed by the state of connecticut to huntington for his service as a delegate to congress and the nation the note is dated march 11 1781 which was the 11th day of the huntington s service as the first usca president under the articles of confederation on the verso is of this document is written number 1424 certificate saml huntington dat 1 feby 1781 11 9 4 with a second signature saml huntington president samuel huntington was the first president to serve under the articles of confederation not john hanson for more information visit our national park and nchc partners in the park class of 2017 website the first p residential election under the articles of confederation occurred on july 9 th 1781 and north carolina delegate samuel johnston was chosen the successor to the ailing samuel huntington the following day however johnston refused the office the handwritten july 9th 1781 journals of the usca do record that the following measure was passed after johnston s election and thus if he took the chair he was technically usca president for a day the honble samuel johnston was elected a letter of this day from the superintendant of finance was read ordered that it be referred to a committee of three the members mr mathews mr carroll mr sullivan historians however conclude that samuel johnston did not take the chair after his election on july 9th 1781 as the business was so brief that it was not recorded in numerous print issues of the journals the chair they reason must have remained with the delegate or the usca secretary that was designated to preside over the election this conclusion is substantiated by the journals of the usca reporting that the following day samuel johnston declined rather than resigned the office of president mr samuel johnston having declined to accept the office of president and offered such reasons as were satisfactory the house proceeded to another election and the ballots being taken the hon thomas mckean was elected 17 delegate thomas mckean accepted the usca presidential office and began to preside over congress on july 10 th 1781 four months before john hanson was elected to the usca presidency this was the first and to this date the only time a president elect has refused the office in the united states consequently there is much speculation on why johnston would agree to be considered for the office and wait 24 hours to turn the position down due to johnston s silence on this issue one can only surmise why he allowed his colleagues to advance his candidacy to the point of a formal election by the usca the reasons why he turned it down however are numerous ranging from the office being stripped of its power in may 1781 to his desire to return home to protect and provide for his family william sharpe also a 1781 north carolina to usca wrote governor thomas burke on july 28 th explaining johnston refusal of the office as i greatly lament the absence of so able a representative and of so judicious and very agreeable colleague upon the resignation of mr huntington he was almost unanimously elected and earnestly solicited to take the chair but his ill state of health and other considerations induced him to decline it 8 johnston explained the circumstances of his departure fro m philadelphia in a july 30 th letter to governor burke written on his way home having no prospect of being relieved or supplied with money for my expenses and my disorder which abated a little on the first approach of warm weather returning so as to render me of little use in congress i left philadelphia the 14th for which i hope i shall be held excusable by this state 9 usca sessions 1781 to 1789 first usca 1780 1781 convened march 2 1781 samuel huntington and thomas mckean presidents second usca 1781 1782 convened november 5 1781 john hanson president third usca 1782 1783 convened november 4 1782 elias boudinot president fourth usca 1783 1784 convened november 3 1783 thomas mifflin president fifth usca 1784 1785 convened november 29 1784 richard henry lee president sixth usca 1785 1786 convened november 23 1785 john hancock and nathaniel gorham presidents seventh usca 1786 1787 convened february 2 1787 arthur st clair president eighth usca 1787 1788 convened january 21 1788 cyrus griffin president ninth usca 1788 1789 failed to convene after several attempts samuel johnston was also elected to the first usca presidency but the following day declined the office johnston did not appear again on the scene of national politics until 1785 when the states of new york and massachusetts selected him as one of the commissioners to settle a boundary line dispute after successfully resolving that dispute he was three times elected governor of north carolina dec 12 1787 nov 11 1788 and nov 14 1789 as governor in 1788 and 1789 he was elected president of the two north carolina constitutional conventions at hillsborough and fayetteville called to consider the ratification of the constitution of 1787 at the first constitution of 1787 ratifying convention the federalists were led by johnston s old friend and colleague james iredell he and iredell struggled to mitigate anti federalists fears that the constitution of 1787 would ultimately concentrate power at the national level permitting the federal government to chip away at states rights and individual liberties the abuse of power arising from empowering a central government to levy taxes appoint government officials and institute a strong court system was of particular concern to anti federalists leaders willie jones samuel spencer and timothy bloodworth anti federalist william gowdy of guilford county summed up the majority s opinion in the debates stating its intent is a concession of power on the part of the people to their rulers we know that private interest governs mankind generally power belongs originally to the people but if rulers be not well guarded that power may be usurped from them people ought to be cautious in giving away power 10 the north carolina delegates who overwhelming distrusted the proposed centralized authority adjourned on august 4th after they had drafted a declaration of rights and a list of amendments to the constitution unlike new york and virginia these members voted neither to ratify nor reject the constitution proposed for the government of the united states james madison reported to his father we just learn the fate of the constitution in n carolina rho island is however her only associate in the opposition and it will be hard indeed if those two states should endanger a system which has been ratified by the eleven others congress has not yet finally settled the arrangements for putting the new government in operation the place for its first meeting creates the difficulty the eastern states with n york contend for this city most of the other states insist on a more central position 11 a second north carolina ratifying convention was held in fayetteville in november 1789 while the first federal bicameral congress was debating trade legislation treating north carolina and rhode island as foreign countries almost all expected north carolina to ratify the constitution because the state s major objection a bill of rights was in the process of being finalized in the bicameral congress the prospects of a second anti federalist victory was so bleak that their most outspoken leader willie jones refused even to attend the convention debate was minimal at the convention and the delegates voted overwhelmingly for ratification which occurred on november 21 1789 north carolina constitution of 1787 ratification resolution november 21st 1789 image courtesy of historic us in convention august 1st 1788 and november 21st 1789 resolved that a declaration of rights asserting and securing from encroachment the great principles of civil and religious liberty and the unalienable rights of the people together with amendments to the most ambiguous and exceptional parts of the said constitution of government ought to be laid before congress and the convention of the states that shall or may be called for the purpose of amending the said constitution for their consideration previous to the ratification of the constitution aforesaid on the part of the state of north carolina declaration of rights 1st that there are certain natural rights of which men when they form a social compact cannot deprive or divest their posterity among which are the enjoyment of life and liberty with the means of acquiring possessing and protecting property and pursuing and obtaining happiness and safety 2d that all power is naturally vested in and consequently derived from the people that magistrates therefore are their trustees and agents and at all times amenable to them 3d that government ought to be instituted for the common benefit protection and security of the people and that the doctrine of non resistance against arbitrary power and oppression is absurd slavish and destructive to the good and happiness of mankind 4th that no man or set of men are entitled to exclusive or separate public emoluments or privileges from the community but in consideration of public services which not being descendible neither ought the offices of magistrate legislator or judge or any other public office to be hereditary 5th that the legislative executive and judiciary powers of government should be separate and distinct and that the members of the two first may be restrained from oppression by feeling and participating the public burthens they should at fixed periods be reduced to a private station return into the mass of the people and the vacancies be supplied by certain and regular elections in which all or any part of the former members to be eligible or ineligible as the rules of the constitution of government and the laws shall direct 6th that elections of representatives in the legislature ought to be free and frequent and all men having sufficient evidence of permanent common interest with and attachment to the community ought to have the right of suffrage and no aid charge tax or fee can be set rated or levied upon the people without their own consent or that of their representatives so elected nor can they be bound by any law to which they have not in like manner assented for the public good 7th that all power of suspending laws or the execution of laws by any authority without the consent of the representatives of the people in the legislature is injurious to their rights and ought not to be exercised 8th that in all capital and criminal prosecutions a man hath a right to demand the cause and nature of his accusation to be confronted with the accusers and witnesses to call for evidence and be allowed counsel in his favor and to a fair and speedy trial by an impartial jury of his vicinage without whose unanimous consent he cannot be found guilty except in the government of the land and naval forces nor can he be compelled to give evidence against himself 9th that no freeman ought to be taken imprisoned or disseized of his freehold liberties privileges or franchises or outlawed or exiled or in any manner destroyed or deprived of his life liberty or property but by the law of the land 10th that every freeman restrained of his liberty is entitled to a remedy to inquire into the lawfulness thereof and to remove the same if unlawful and that such remedy ought not to be denied nor delayed 11th that in controversies respecting property and in suits between man and man the ancient trial by jury is one of the greatest securities to the rights of the people and ought to remain sacred and inviolable 12th that every freeman ought to find a certain remedy by recourse to the laws for all injuries and wrongs he may receive in his person property or character he ought to obtain right and justice freely 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