He was a member of the convention at Hillsboro, in July, 1788, to deliberate upon the Federal Constitution, its able and active opponent, and contributed greatly to its rejection.
Of his character and career as a judge (since of this earlyday there do not exist any reports of the decisions of the courts) we know but little; but from his long exercise of this high office with the approbation and respect of his associates, he was esteemed a faithful and able jurist. He died in 1794. The account of the singular cause of his death, as stated in my History of North Carolina, having been doubted, we extract from the Fayetteville Gazette of 1794 the following:
"DIED.--At his seat in Anson County on the 20th ulto., the Honorable Samuel Spencer, L. L. D., and one of the Judges of the Superior Courts of this State. His Honor's health had been declining for about two years, but he performed the last circuit three months since, and we understand intended to have left home in a few days for this town, where the Superior Court is now sitting, had it not been for the following accident which it is thought hastened his death.
"He was sitting on the piazza with a red cap on his head, when he attracted the attention of a large turkey gobbler. The judge being sleepy began to nod; the turkey mistaking the nodding and the red cap for a challenge to battle, made so violent and unexpected an attack on his Honor, that he was thrown out of his chair on the floor, and before he could get any assistance, so beat and bruised him that
