The
oils Stokes Brothers
Living during’ the Revolutionary War
period, both of them lived lives that were
filled with excitement. And both received
a number of signal honors.
HERE is a romance of two indi¬
viduals of whom few Caro¬
linians of the present day
have ever heard, but who once
loomed large in the social and
political life of our State; whose
life history is packed full of both
realism and romance. Their story
resounds with the clashing of
swords, both in battle and in duel;
war. strife and bloodshed; we see
the dais of the Judge; the seat of
the Governor; the toga of the Sena¬
tor — everything from President
Andrew Jackson to final capture
on the high seas.
In our ancient town of Halifax
lies buried the Most Worshipful
Joseph Montfort — the first, the
last, the only Grand Master of
Masons of all America; and on the
roster of White Hart Lodge ap¬
pears the name of David Stokes.
He married a sister of Montfort,
and to this union were born two
sons, both of whom occupied high
position in the life of the State,
and whose careers should be better
known to present-day Carolinians.
The Cavalry Captain
During the Revolution John
Stokes was a Captain of Cavalry.
He served under Gates when that
General suffered such a disastrous
defeat at the battle of Camden
Courthouse, and where the mother
of Andrew Jackson wa s among
those who ministered to the
wounded. Retreating from Cam¬
den, the command of Stokes was
overtaken by a detachment of
Tarleton's British cavalry, and a
skirmish ensued, during which
Captain Stokes was thrust through
the hand with a sabre stroke, so
severe a wound being inflicted that
amputation became necessary.
When wounded he was captured
by the British and imprisoned
during the remainder of the war,
where he endured many hardships.
After the Revolution he settled
first in Montgomery County, from
which he served as Senator, and
later he moved to Salisbury, where
he represented Rowan in the legis¬
lature. and from which he was also
a member of the Fayetteville Con¬
vention which adopted our State
Constitution.
By R. C. LAWRENCE
Spruce Macay has the reputation
of being the legal preceptor of the
famous Andrew Jackson, and it
is quite true that Jackson began
his legal training under his tuition,
but Macay advised him to con¬
tinue his studies under Stokes, be¬
cause he had the best law library
in the State, one which included
reports of even the English courts.
When Congress enacted the
Judiciary Act of 1789. President
Washington appointed Stokes as
the first Federal Judge for North
Carolina. But alas! he held but
one court, dying at Fayetteville in
October. 1790. Our county of
Stokes perpetuates his memory;
and it should be of interest to note
that his wife was a half-sister of
Chief Justice Pearson.
The short career of Judge Stokes
as a Federal Judge was remedied
by one of his successors, for Fed¬
eral Judge Henry Potter of Fay¬
etteville sat upon the bench for
more than fifty years — believed to
be a record in the nation. He was
a trustee of the University for
nearly sixty years!
Montfort Stokes
The career of Montfort Stokes
was even more picturesque than
that of his brother John. As a
mere lad he enlisted as a "powder
monkey,’’ serving in the American
Navy under Commodore Stephen
Decatur. Unfortunately his ship
was captured by the British, and
poor Stokes was confined on a
prison ship in New York harbor
where he endured much hardship
and suffering.
In his young manhood he moved
to Salisbury where his brother
John resided, and where he was
soon elected as Clerk of the Su¬
perior Court. He also became
Captain of a company of cavalry
which was organized in that vil¬
lage. and in this capacity he
greeted President Washington
when his Excellency visited that
section.
In 1786. he was elected as Clerk
of the State Senate, a position
which he occupied a number of
years. One of the queerest facts
in the political history of our State
is that in 1804 this man, whose
only public service had been that
of Clerk of the Court and of the
State Senate, should have been
elected as United States Senator!
What is even stranger — so strange
that it savors of fiction, he refused
his election upon the ground that
he did not consider himself quali¬
fied to accept the election! Presi¬
dent Jefferson, no doubt harassed
by the demands of office seekers,
grimly wrote that ‘‘few die and
none resign,’’ but Stokes consti¬
tuted the exception to the rule.
Now here, harken and give ear,
all ye sons of Carolina! There was
a time when men in public life did
not choose to be United States
Senators! For at this very time.
Jesse Franklin, who was the in¬
cumbent, could have been re¬
elected, but he did not care about
the office! Then it was tendered
to Stephen Cabarrus, Speaker of
the Commons, and then to General
Benjamin Smith, but neither cared
about it, and both politely declined
to serve. Just what was the matter
with the Senate in those days?
Can Senator Hoey tell us?
Also a Major-General
Stokes was also a Major General
in the Militia, and he became in¬
volved in a political quarrel with
his relative by marriage, Jesse A.
Pearson. In accordance with the
custom and practice of the time,
their difference could be composed
only by a duel, which was duly
fought and during which Stokes
received so severe a wound that he
never fully recovered therefrom.
This serves to recall how the
humor of Abraham Lincoln once
served to turn a serious situation
into one which caused merely
laughter. He was once challenged
to a duel, and under the code
duello, as the challenged party,
Lincoln had the right to determine
( Continued on page 22 )
THE STATE. July 16. 1949
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