Lives of Distinguished North Carolinians, with Illustrations and Speeches
History
Lives of Distinguished North Carolinians, with Illustrations and Speeches
North Carolina -- Biography
The war being over, Colonel Davie resumed the practice of his
profession in February, 1783. About the same time he married Miss
Sarah Jones, the daughter of General Allen Jones, of Northampton,
a niece of Willie Jones, and settled in the town of Halifax,
which place he made his future residence. It was at that time
practically the capital of the State. The sessions of the General
Assembly had been frequently held at that place, and it was there
that most of the executive business of the State was transacted.
He was a brilliant advocate and possessed a natural aptitude
for the practice of law. The State at that time was divided into
seven judicial districts: Halifax, New Bern, Wilmington, Edenton,
Hillsboro, Salisbury, and Morganton. To these, in 1787, Fayetteville
was added. The Superior Courts were held only at these places, and
not as now at a court-house in each county. Colonel Davie took the
circuit and attended in turn all the Superior Courts of the State,
except that held at Morganton. He soon commanded a leading practice
in all these courts. At some places and at some terms the dockets
show that he appeared without exception on one side or the other of
every civil case. His practice was very lucrative and he quickly
accumulated a large estate. An examination of our published Reports
shows numerous cases of importance in which he was counsel. Probably
the most important were _Hamilton_ vs. _Eaton_, 1 N. C., 84, which
held the State Confiscation Act repealed by the United States treaty
of peace with England, and _Bayard_ vs. _Singleton_, 1 N. C., 42,
the first case in America which asserted the power and duty of the
courts to declare an act of the Legislature unconstitutional. It
also held the confiscation acts against the late Tories invalid.
Iredell, Johnston, and Davie appeared for the successful plaintiff
and Moore and Nash for the defendant.
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