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Judge Henry Seawell

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Judge Henry Seawell

Birth
Franklin County, North Carolina, USA
Death
6 Oct 1835 (aged 62)
Raleigh, Wake County, North Carolina, USA
Burial
Raleigh, Wake County, North Carolina, USA Add to Map
Plot
A 343 EAST 1/2
Memorial ID
View Source
*** GRAVE MOVED FROM "WELCOME" PLANTATION, RALEIGH OCT 14, 1977 ***


Henry Seawell was born 1772 in Bute (now Franklin) County, NC the eldest of 8 known surviving children (5 boys/3 girls) born to planter Joseph Seawell (1745-1826) of St. Andrews Parish, Brunswick Co, VA, and his wife, Martha Macon, of "Macon Manor" in Granville County. His parents would later move to Carthage, Moore County, NC where they are buried.

He was the paternal grandson of Col. Benjamin Seawall (1700-1779) of Brunswick Co, VA and wife, Lucy Hicks. Benjamin Seawell migrated to Bute County, North Carolina, with his brothers and their families in the early 1770s. Col. Benjamin Seawell became one of the state's most prominent citizens during the Revolutionary War. On his mother's side, he was the maternal grandson of Gideon Hunt Macon and nephew of the eminent NC statesman, Nathaniel Macon of Warren County.

Despite the prominence of both his parents and grandparents, young Henry reportedly never attended formal school, but was well read, and a "master of forceful English". By age 18, having removed to Wake County, Henry had been elected to the House of Commons of the General Assembly from Wake county in 1790, and was re elected several times. He studied for the law, and by age 25 received his license to practice in 1797, signed by John Haywood and David Stone, judges of the Superior Court.

About this time, his eye caught that of Grizelle "Grizzy" Hinton, daughter of Maj. John Hinton and Ferebee Smith of Clay Hill-on-the Neuse Plantation in Wake County. A telling story from that time sheds light on their courtship:

"Stories of Clay Hill ... It was here that Judge Henry Seawell, nephew of Nathaniel Macon, came a-wooing and won his beautiful bride, Grizelle, second daughter of Major Hinton. These rooms in those days echoed with the exquisite music of his violin. He had a most serious rival in Theophilus Hunter, junior, of "Spring Hill," wealthy, aristocratic and of prominent position, whom her parents preferred to the poor but handsome and gifted young lawyer, who came to the county with only his license and a horse. This partiality was shown by the treatment bestowed upon their respective steeds. When Theophilus Hunter, junior, rode over to "Clay Hill" to pay court to the choice of his heart, his horse was taken promptly, stabled, fed and groomed, while Henry Seawell's was allowed to remain tied to the rack and paw the earth in his fury and craving for feed and water! At a hunting party the latter was given a bird gun and the poorest stand in the country, where deer were never known to pass. Growing weary of ill luck, he retired to the house in quest of another dear, with domestication the object this time. He was more successful with the change, and that day won his suit. They were married at "Clay Hill," April 17, 1800, by Cargill Massenburg. After the marriage Major Hinton highly approved of his son-in-law."

Henry and Grizelle would become parents to 9 known children (7 boys/2 girls):

* John Hinton Seawell (1801-1872)
* Joseph James Seawell (1804-1825)
* Leonard Henderson Seawell (1805-1858)
* Judge William Seawell (1808-1884)
* Pherebee (Pheraba) Smith Seawell (1812-1846)
* Dr. Henry Seawell Jr. (1814-1858)
* Robert Williams Seawell (1816-1883)
* Richard Bullock Seawell (1818-1904)
* Martha Macon Seawell (1820-1830)

In about 1801, Henry and Grizelle removed to Raleigh proper, where they purchased the in-town plantation "Welcome", built as a summer home by, Willie Jones, influential legislator from Halifax. The Seawells remodeled the house that apparently contained several unusual features, including rooms in the form of cubes that were said to be twenty-two feet in height, as well as in width and breadth.

In 1803 Henry was elected attorney-general of North Carolina, and held that post until 1808. In July, 1811, he was appointed a judge of the Superior Court, and served until the end of the year. However, he was again appointed to the same office in April, 1813. While it is generally conceded that Judge Seawell was one of the strongest criminal lawyers who ever appeared at the bar in North Carolina, his knowledge and ability extended to other branches of the law as well. In 1823 he was appointed by the President of the United States a Commissioner under the treaty of Ghent with Great Britain, to award for the slaves taken during the war of 1812. In 1821 Judge Seawell was elected to the Senate of the State Legislature, and continued until 1826. In 1831 and 1832 he was again in the Senate, when he was for the third time elected judge of the Superior Court, and held office until he died.

In the Constitutional Convention of 1835 Judge Seawell was a delegate from Wake County, and wielded a strong influence in that body. He was largely instrumental in abolishing borough representation in the legislature, and voted against the enactment providing that the Assembly should meet biennially instead of annually. He opposed the action of the convention in depriving all free negroes of the right of suffrage, but was in favor of placing as a qualification upon their right the requirement of at least five years' residence and the regular payment of taxes during that period. Along the same line, when a later vote was taken on vesting the right of suffrage in free negroes who were property holders, he favored giving them that right, but the proposition was voted down, and negroes were disfranchised in toto.

The greatest debt of gratitude was due Judge Seawell from the city of Raleigh on account of his vigorous and successful action in preventing the removal of the seat of government after the old Capitol was burned, on the 2ist of June, 1831. After that fire, strong and well-nigh successful efforts were inaugurated by Fayetteville to take the capital from Raleigh, and the fight in favor of Raleigh was led by Judge Seawell.

Judge Henry Seawell died at his home in Raleigh on October 6, 1835. He was 62 years old. His wife of 35 years survived him another 28 years, passing in 1863 at the advanced age of 80, just one month shy of her 81st birthday. Both were buried at their home "Welcome" in Raleigh. These graves were re-interred in Oakwood cemetery on October 14, 1977.

As for his children, 3 of his sons -- John Hinton, Leonard Henderson, and Judge William Seawell -- removed to Alabama where they and their descendants left their mark in the history of that state. Son, James Joseph, died young in 1825 at age 20. Sons Henry, Robert and Richard remained in Raleigh. Henry became a doctor and married Lucy Dunn. They later purchased Beaver Dam plantation from his maternal uncle, William Hinton. Robert married Cornelia Donoho (Donaho) of Caswell County. He was widowed in 1855 and never remarried. No children were known to be born of this union. Richard Bullock Seawell married (1st) Adelaide Hinton and (2nd) Mary Ellen Colburn, and was father to 10 children between the two wives.

Daughter, Martha Macon, never married and died young in 1838 at age 18. His only other daughter, Pherebee Smith Seawell, became the 2nd wife of Warner Meriwether Lewis. She died in August 1846, and when her husband passed in October of that year, their only child, Ellen Pherebee Lewis, came to Raleigh and lived with her grandmother, Grizzy Hinton Seawell. Pheraba Seawell Lewis and her husband are both buried in Cedars Cemetery in Milton, Cawell Co, NC.
*** GRAVE MOVED FROM "WELCOME" PLANTATION, RALEIGH OCT 14, 1977 ***


Henry Seawell was born 1772 in Bute (now Franklin) County, NC the eldest of 8 known surviving children (5 boys/3 girls) born to planter Joseph Seawell (1745-1826) of St. Andrews Parish, Brunswick Co, VA, and his wife, Martha Macon, of "Macon Manor" in Granville County. His parents would later move to Carthage, Moore County, NC where they are buried.

He was the paternal grandson of Col. Benjamin Seawall (1700-1779) of Brunswick Co, VA and wife, Lucy Hicks. Benjamin Seawell migrated to Bute County, North Carolina, with his brothers and their families in the early 1770s. Col. Benjamin Seawell became one of the state's most prominent citizens during the Revolutionary War. On his mother's side, he was the maternal grandson of Gideon Hunt Macon and nephew of the eminent NC statesman, Nathaniel Macon of Warren County.

Despite the prominence of both his parents and grandparents, young Henry reportedly never attended formal school, but was well read, and a "master of forceful English". By age 18, having removed to Wake County, Henry had been elected to the House of Commons of the General Assembly from Wake county in 1790, and was re elected several times. He studied for the law, and by age 25 received his license to practice in 1797, signed by John Haywood and David Stone, judges of the Superior Court.

About this time, his eye caught that of Grizelle "Grizzy" Hinton, daughter of Maj. John Hinton and Ferebee Smith of Clay Hill-on-the Neuse Plantation in Wake County. A telling story from that time sheds light on their courtship:

"Stories of Clay Hill ... It was here that Judge Henry Seawell, nephew of Nathaniel Macon, came a-wooing and won his beautiful bride, Grizelle, second daughter of Major Hinton. These rooms in those days echoed with the exquisite music of his violin. He had a most serious rival in Theophilus Hunter, junior, of "Spring Hill," wealthy, aristocratic and of prominent position, whom her parents preferred to the poor but handsome and gifted young lawyer, who came to the county with only his license and a horse. This partiality was shown by the treatment bestowed upon their respective steeds. When Theophilus Hunter, junior, rode over to "Clay Hill" to pay court to the choice of his heart, his horse was taken promptly, stabled, fed and groomed, while Henry Seawell's was allowed to remain tied to the rack and paw the earth in his fury and craving for feed and water! At a hunting party the latter was given a bird gun and the poorest stand in the country, where deer were never known to pass. Growing weary of ill luck, he retired to the house in quest of another dear, with domestication the object this time. He was more successful with the change, and that day won his suit. They were married at "Clay Hill," April 17, 1800, by Cargill Massenburg. After the marriage Major Hinton highly approved of his son-in-law."

Henry and Grizelle would become parents to 9 known children (7 boys/2 girls):

* John Hinton Seawell (1801-1872)
* Joseph James Seawell (1804-1825)
* Leonard Henderson Seawell (1805-1858)
* Judge William Seawell (1808-1884)
* Pherebee (Pheraba) Smith Seawell (1812-1846)
* Dr. Henry Seawell Jr. (1814-1858)
* Robert Williams Seawell (1816-1883)
* Richard Bullock Seawell (1818-1904)
* Martha Macon Seawell (1820-1830)

In about 1801, Henry and Grizelle removed to Raleigh proper, where they purchased the in-town plantation "Welcome", built as a summer home by, Willie Jones, influential legislator from Halifax. The Seawells remodeled the house that apparently contained several unusual features, including rooms in the form of cubes that were said to be twenty-two feet in height, as well as in width and breadth.

In 1803 Henry was elected attorney-general of North Carolina, and held that post until 1808. In July, 1811, he was appointed a judge of the Superior Court, and served until the end of the year. However, he was again appointed to the same office in April, 1813. While it is generally conceded that Judge Seawell was one of the strongest criminal lawyers who ever appeared at the bar in North Carolina, his knowledge and ability extended to other branches of the law as well. In 1823 he was appointed by the President of the United States a Commissioner under the treaty of Ghent with Great Britain, to award for the slaves taken during the war of 1812. In 1821 Judge Seawell was elected to the Senate of the State Legislature, and continued until 1826. In 1831 and 1832 he was again in the Senate, when he was for the third time elected judge of the Superior Court, and held office until he died.

In the Constitutional Convention of 1835 Judge Seawell was a delegate from Wake County, and wielded a strong influence in that body. He was largely instrumental in abolishing borough representation in the legislature, and voted against the enactment providing that the Assembly should meet biennially instead of annually. He opposed the action of the convention in depriving all free negroes of the right of suffrage, but was in favor of placing as a qualification upon their right the requirement of at least five years' residence and the regular payment of taxes during that period. Along the same line, when a later vote was taken on vesting the right of suffrage in free negroes who were property holders, he favored giving them that right, but the proposition was voted down, and negroes were disfranchised in toto.

The greatest debt of gratitude was due Judge Seawell from the city of Raleigh on account of his vigorous and successful action in preventing the removal of the seat of government after the old Capitol was burned, on the 2ist of June, 1831. After that fire, strong and well-nigh successful efforts were inaugurated by Fayetteville to take the capital from Raleigh, and the fight in favor of Raleigh was led by Judge Seawell.

Judge Henry Seawell died at his home in Raleigh on October 6, 1835. He was 62 years old. His wife of 35 years survived him another 28 years, passing in 1863 at the advanced age of 80, just one month shy of her 81st birthday. Both were buried at their home "Welcome" in Raleigh. These graves were re-interred in Oakwood cemetery on October 14, 1977.

As for his children, 3 of his sons -- John Hinton, Leonard Henderson, and Judge William Seawell -- removed to Alabama where they and their descendants left their mark in the history of that state. Son, James Joseph, died young in 1825 at age 20. Sons Henry, Robert and Richard remained in Raleigh. Henry became a doctor and married Lucy Dunn. They later purchased Beaver Dam plantation from his maternal uncle, William Hinton. Robert married Cornelia Donoho (Donaho) of Caswell County. He was widowed in 1855 and never remarried. No children were known to be born of this union. Richard Bullock Seawell married (1st) Adelaide Hinton and (2nd) Mary Ellen Colburn, and was father to 10 children between the two wives.

Daughter, Martha Macon, never married and died young in 1838 at age 18. His only other daughter, Pherebee Smith Seawell, became the 2nd wife of Warner Meriwether Lewis. She died in August 1846, and when her husband passed in October of that year, their only child, Ellen Pherebee Lewis, came to Raleigh and lived with her grandmother, Grizzy Hinton Seawell. Pheraba Seawell Lewis and her husband are both buried in Cedars Cemetery in Milton, Cawell Co, NC.


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  • Created by: pbfries
  • Added: Aug 8, 2010
  • Find a Grave Memorial ID:
  • Find a Grave, database and images (https://www.findagrave.com/memorial/56623144/henry-seawell: accessed ), memorial page for Judge Henry Seawell (24 Dec 1772–6 Oct 1835), Find a Grave Memorial ID 56623144, citing Oakwood Cemetery, Raleigh, Wake County, North Carolina, USA; Maintained by pbfries (contributor 46951237).