NYPL RESEARCH LIBRARIES 3 3433 08191831 4 illlillml 1 1 1 1 HISTORY MECKLENBURG COUNTY AND THE CITY OF CHARLO III II By D. A. TOMP in nun i onmRII I h £51 m mdx m BRITISH MAP OP MECKLENBURG IN 1780. History of Mecklenburg County AND The City of Charlotte From 1740 to 190*3. BY D. A. TOMPKINS, Author of Cotton and Cotton Oil; Cotton Mill, Commercial Features ; Cotton Values in Tex- tile Fabrics ; Cotton Mill, Prochsses and Calculations ; and American Commerce, Its Expansion. Charlotte, N. C, 1903. VOLUME TWO— APPENDIX. CHARLOTTE, N. C: Obskrvek Printing House. 1903. V 9 - Copyright, 1904. BY D. A. TOMPKINS. EXPLANATION. This history is published in two volumes. The first volume contains the simple narrative, and the second is in the nature of an appendix, containing ample discussions of important events, a collection of biographies and many official docu- ments justifying and verifying the statements in this volume. At the end of each chapter is given the sources of the in- formation therein contained, and at the end of each volume is an index. PREFACE. One of the rarest exceptions in literature is a production devoid of personal feeling. Few indeed are the men, who. realizing that the responsibility for their writings will be for them alone to bear, will not utilize the advantage for the promulgation of things as they would like them to be. Many of the works of the Ancients fail to stand the test of modern historical criticism because the advancing conception of his- torical labors is getting farther and farther from discursive analysis and closer and closer to the presentation of plain, unvarnished facts. "History is philosophy teaching by example," says Diony- sins, and it is obvious that if we are to "judge the future by the past," that the main requisite is a complete record. "To study history," says Wilmot, "is to study literature. The biography of a nation contains all its works. No trifle is to be neglected. A mouldering -medal is a letter of twenty cen- turies. Antiquities which have been beautifully called his- tory defaced, composed its fullest commentary." Parton, in the preface to his Life of Jackson, gives an apt illustration of the true historian's duty. A young clergy- man, fresh from the university, became rector of one of the oldest of English parishes. Examining his church, he found that a crust was falling from the walls. The wardens sug- gested whitewash, but the new rector discovered that white- wash had been applied too many times already, and that it was these surplus coats which were falling. Thereupon, he resolved that instead of applying more, he would remove that already on the walls. When this was done, the beautiful frescoes which had been obscured for many years were exposed to the view. These paintings, some of them by the world's greatest artists, had been hidden in order that the cracks might be filled. The true beauty of the structure had been sacrificed to hide the natural results IV HISTORY OF MECKLENBURG COUNTY. of man's imperfect work. After the restoration, the defects marred the glory of the decorations, yet it left a subject for study even if not for unqualified admiration. And above all, those viewing- it could be possessed of the consciousness that they were beholding the truth — displeasing though it might be — yet unquestionably and plainly the truth. It is not for the writer of history to decide what shall and what shall not be recorded, any more than it is justifiable for a church-member to accept certain articles of his religion and repudiate the others ; each must be all-inclusive or of no importance. As a consequence, it is not within the proper bounds of historical endeavor to be argumentative. The person who investigates and accumulates facts for the pur- pose of strengthening his pre-conceived opinions is not a historian. History's worst enemy is the writer who distorts facts to bolster prejudice. Histories should not be intended to convince, but to enlighten. The true historian's duty is ti i uncover the naked truth, and though this be a disagreea- ble task, it is duty nevertheless. In the words of Lord Bacon, the reader should "Reade not to Contradict, and Con- fute; Nor to Beleeve and Take for granter; Nor to Finde Talke and Discourse; But to Weigh and Consider." In this History of Mecklenburg County, the author has endeavored to present an historical record, not an historical discussion. "Facts are stubborn," and when they are all in hand, it is well to let them speak for themselves. D. A. Tompkins. December I, 1903. CONTENTS. Page. CHAPTER I i MECKLENBURG DECLARATION CONTROVERSY. Brief Outline of the Discussion — Extract from Wheeler's History. — Charlotte Democrat of July 8, 1873 — Preface to Martin's His- tory of North Carolina — Correspondence Between Adams and Jefferson — Extracts from the Raleigh Register — Certificates of Men who Knew of the Convention — Instructions to Mecklen- burg Delegates — Three Copies of the Declaration and the Re- solves of May 31 — Hitherto Unpublished Correspondence Be- tween John Vaughn, Hon. Peter Force, Gov. D. L. Swain and Hon. George Bancroft — References and List of Publications on the Subject. CHAPTER II 57 MECKLENBURG INDEPENDENCE MONUMENT. Unveiling in Charlotte in 1898 Attended with Impressive Ceremo- nies. — Hon. Adlai E. Stevenson was Orator of the Occasion. — First Monument Association Incorporated in 1842. — Declaration Poem by Rev. W. V\". Moore, of Virginia. CHAPTER III 6o "BLACK BOYS" OF CABARRUS. Young Men Destroyed Ammunition and Supplies Intended for Use Against the Regulators. — Gov. Tryon's Proclamation of Pardon Excepted Them. — Leading Citizens Later Petitioned in Their Behalf and Secured the Pardon. — Col. Moses Alexander Pre- sented the Petition. CHAPTER IV 64 BIOGRAPHICAL SKETCHES. Condensed Items of Interest in the Lives of Persons Prominent in Mecklenburg History. — Brief Biographies Alphabetically Ar- ranged. CHAPTER V 84 ANDREW JACKSON'S BIRTHPLACE. Born in that Part of Mecklenburg Which was Made Into Union in 1842.— Moved Over Into South C rolina When a Few Weeks Old. — Evidence of Those Who Were Present at His Birth.— Col. E. H. Walkup's Publication. VI HISTORY OF MECKLENBURG COUNTY. CHAPTER VI 87 CUSTOMS OF THE PIONEERS. Amusements of the Settlers of Mecklenburg. — County Muster and Assemblies. — Horse Racing and Betting. — Liquor Used Freely at Home and at Public Places. — The Old Taverns and Their Uses. CHAPTER VII 92 EIGHTEENTH CENTURY MONEY. (1762 to 1800.) First Settlers Used Pennsylvania and Virginia Currency. — Paper Money Discounted Nearly One-third. — Many Kinds of Coins Used. — Federal Currency Established in 1792. CHAPTER VIII 96 NOTES ON THE REGULATION. Miscellaneous Information Summarized in Paragraphs. — The March of Mecklenburg Troops to Hillsboro. — Governor Tryon's Visit in the County. — Sentiment Pertaining to the Regulators and the Governor. CHAPTER IX 100 NOTES ON CHAPTER II. (The Indians.) Items Regarding Important Events. — Very Few Relics Found in Mecklenburg. — Correspondence Between Governors of North Carolina and South Carolina Respecting the Catawba. CHAPTER X 104 NOTES ON CHAPTER XV. (Religion.) Coming of Rev. Hugh McAden. — Rev. Alexander Craighead With- draws from the Presbyterian Synod and Comes to North Caro- lina. — Established Church of England Met With Much Discour- agement in Mecklenburg. CHAPTER XI 109 HISTORY OF MINING IN MECKLENBURG. Historic Anticipations — Discoveries in Florida — First Find in the County — Geology of Mecklenburg — Development of Mining — Sta- tistics of the Branch Mint in Charlotte. CONTENTS. VII CHAPTER XII 132 MECKLENBURG COUNTY REPRESENTATIVES. Complete List of the Members of the General Assembly From This County From 1764 to 1903.— Martin Phifer and Richard Barry Were the First. CHAPTER XIII 135 MECKLENBURG TROOPS IN THE WAR OF 1812. Five Companies Sent From This County to the War with England Caused by the Searching of American Vessels for British Sail- ors. — A Total of Four Hundred and Thirty-Three Enlisted Men.* CHAPTER XIV 142 CIVIL WAR TROOPS. Roster of Officers and Men of the Twenty-one Companies Sent From This County.— 2,735 Soldiers and Only 2,021 Voters.— Number Killed, Wounded or Died.* — List of Promotions. CHAPTER XV 180 MECKLENBURG'S PART IN THE MEXICAN WAR. Roster of the Troops in the Company Organized in Charlotte in April of 1847.* — Green W. Caldwell was Captain and He and the Lieutenants Were Honored by Seats in the General Assembly After the End of the War.— The Total Number of the Soldiers was Seventy-nine, and Eleven of Them Died in the Service. CHAPTER XVI 183 THE SPANISH-AMERICAN WAR. Account of the Service Rendered oy Mecklenburg Troops. — Rosters of the Three White Companies and the Colored Company.* — Charlotte Soldiers Among the First Americans to Land in Havana. XVII HISTORY OF MECKLENBURG COUNTY. CHAPTER XVII 192 LIST OF MINISTERS. Names of the Preachers who have Served the Leading Churches of Charlotte, With the Number of Years of Service of Each. CHAPTER XVIII 195 DAVIDSON. A Brief Sketch of the Progressive Town Which Has Grown up Around the College. — Has Macadam Streets and Factories, and a Large Business is Done. — The Corporation Dates From 1879. CHAPTER XIX 198 PINEVILLE. Brief Sketch of the Growth of the Town Which was Built Where President Polk was Born. — In Fifty Years it has Developed' Into a Prosperous Community With Factories and a Population of Seven Hundred. — Creditable Churches and Schools, and Names of Some Prominent Families. CHAPTER XX 200 MISCELLANEOUS PAPERS. Characteristics of the Mecklenburg Negro. — Comparative Effects of Slavery and Freedom on the Increase of Population. — Tribute to the Memory of Major Ross. — Important Dates in Mecklen- burg History. — List of Mayors of Charlotte. — Acts of the Gen- eral Assembly Creating Mecklenburg, Establishing Charlotte and Permanently Locating the Court House. — County Road Legislation. INDEX TO ILLUSTRATIONS. British Map of Mecklenburg in 1780 Frontispiece Claremont Academy 1 Sugar Creek Church 1 Signatures of Prominent Characters in Mecklenburg History. .16-33 Coat of Arms of the Phifer family, 1760 44 Proclamation Money 44 Receipt, 1773 56 Receipt Signed by Thos. Polk in 1773 56 Monument Commemorating the Mclutyre Skirmish, Oct. 3, 1780 60 Mrs. Rachel Holton 64 Thos. J. Holton, Editor of the Charlotte Journal 64 James W Osborne 67 William Davidson 69 Henry Bartlett Williams 71 W. EJ. Phifer 72 General Hugh Waddell 74 General Joseph Graham 76 David Parks 78 Lieutenant E. C. Davidson 81 W. F. Davidson 82 Map of Vicinity of Jackson's Birthplace 84 Old Wilson Place 86 Alexander Rock House 86 Extracts from Copy Books in use in Mecklenburg County Schools in 1850 88 Note Given in 1767 90 Bill for Teaching, 1822 90 Sale Notice, 1838 92 Contract, 1767 94 Confederate Currency, 1864 96 North Carolina Currency, 1866 100 Itemized Bill for "Learning," 1798 102 United States Bank Note 104 Revolutionary Currency 112 Revolutionary State Money 132 Tomb of Thomas Polk 136 Receipt, 1783 136 Bill of Account, 1767 140 XIX INDEX TO ILLUSTRATIONS. Bill for Subscription, 1792 144 Stage Line Way-Bill, 1846 160 United States Currency 180 State Currency 184 Contract Dated in 1737 192 Revolutionary Currency 196 Contract, 1765 197 Negro Passes 199 Bill of Sale, 1747 204 Arab- African 208 Saracen-Africa n 208 Dinka-Negro. 209 Guinea-Negro 209 CLAREMONT ACADEMY. (Volume I., Page 166.) SUGAR CREEK CHURCH. (See Index to Volume I.) CHAPTER I. MECKLENBURG DECLARATION CONTROVERSY. Brief Outline of the Discussion — Extract from Wheeler's History. —Charlotte Democrat of July 8, 1873— Preface to Martin's His- tory of North Carolina — Correspondence Between Adams and Jefferson — Extracts from the Raleigh Register — Certificates of Men who Knew of the Convention — Instructions to Mecklen- burg Delegates — Three Copies of the Declaration and the Re- solves of May 31 — Hitherto Unpublished Correspondence Be- tween John Vaughn, Hon. Peter Force, Gov. D. L. Swain and Hon. George Bancroft — References ana List of Publications on the Subject. The controversy regarding the Mecklenburg Declaration of Independence has occupied the time and attention of many of America's most profound thinkers and writers. Some of them contend that the evidence is sufficient, while others maintain that it is not sufficient and that the actual Declaration of Independence was not made as is claimed. Conclusive proof of a historical proposition depends upon contemporaneous records, personal testimony of reliable persons acquainted with the facts, and traditions. Now, suppose at this late date, some one should question the au- thenticity of the National Declaration of Independence, made in Philadelphia, July 4, 1776. First would be shown a verbatim copy of the real original which was signed July 4, 1776, and in the days following as new dele- gates arrived. Then there would be the contemporaneous periodicals, personal correspondence and the known trend of public sentiment tow r ard independence. In proof of the Mecklenburg Declaration, we have all this and in addition, the specific statements of a dozen men who were present and participated in the proceedings. Why is it, then, that there was ever any doubt regarding the action of the people of Mecklenburg ? In the first place, at the time the Mecklenburg Dec- 2 HISTORY OF MECKLENBURG COUNTY. laration was made, each part of the country was too- busy with home affairs to pay much attention to outside matters. There were but few newspapers in this section, yet the Cape Fear Mercury and the Charleston Gazette and Country Jour- nal mentioned the proceedings. The men of the county were busy with preparations for war, and as every one concerned knew of the action, there was naturally no reason to make superfluous records. The official papers were burned in the fire which destroyed John McKnitt Alexander's house in 1800. The National Declaration was made fourteen months after the Mecklenburg Declaration and, of course, overshad- owed the action of the latter until long after the smoke of battle had cleared away. Consequently, there was but little contemporaneous evidence, and when the Mecklenburg Dec- laration became of national interest in 1819, most of the an- tagonism to it was based on the false belief that the trend of sentiment in North Carolina was not so> strong in 1775 as to render probable a declaration of independence, and not until the publication of the Colonial Records, in recent years, was the falsity of that belief established. .These records show, by correspondence and other official documents, that Thomas Jefferson was conservative in his statement to John Adams that "No State was more fixed or forward than North Carolina."* The people of the State, acting independ- ently, convened a congress at New Bern in August, 1774. Gov. Martin left the State and royal authority ended in North Carolina in June, 1775. The Battle of Moore's Creek Bridge was fought February 27, 1776, and the Fourth Pro- vincial Congress, held at Halifax in April, 1776, declared for independence. So it appears not only natural that Meck- lenburg should declare her independence, but that she ivas independent and with a government of her own from May 20, 1775. It is to be remembered also, that Mecklenburg then was about five times the present size, and that the pro- ceedings of the convention were participated in by represen- ♦Correspondence, July 9, 1819. MECKLENBURG DECLARATION CONTROVERSY. 3 tative men from other sections, so that while the Declara- tion could not be construed as a State document, yet it un- questionably represented the attitude of the entire State. All North Carolina was independent, but only Mecklenburg made an official declaration of the fact. In the latter part of the year 1818, the subject was under discussion among the North Carolina representatives in Congress, and Nathaniel Macon, William Davidson and others corresponded with representative men of this section, the correspondence being published in the Raleigh Register in 1819, and in the Essex (Mass.) Register of June 5, 1819, and in other papers. The Essex Register fell into the hands of John Adams and resulted in the letters regarding the sub- ject between Adams and Jefferson. Jefferson's Writings and Martin's History of North Carolina were published in 1829, and the discussion was reopened. In 1831. the State issued a pamphlet under direction of a legislative committee, which was designed to forever settle all dispute regarding the declarati< n. With the people of Mecklenburg, there had never been any doubt, as the old traditions were firmly and generally established. In 1809. nearly ten years before the contro- versy began, the Raleigh Minerva published the declama- tion of a school boy. William Wallace, at Sugar Creek Academy, delivered June 1, 1809. The teacher was Rev. Samuel C. Caldwell, a son-in-law of John McKnitt Alexan- der. The declamation began: "On the 19th of May, a day sacredly exulting to every Mecklenburg bosom, two dele- gates duly authorized from each militia company met in Charlotte. After a cool and deliberate investigation of the causes and extent of our differences with Great Britain, and taking a review of probable results, pledging their all in sup- port of its rights and liberties, they solemnly entered into and published a full and determined Declaration of Inde- pendence, renouncing forever all allegiance, dependence, or connection with Great Britain, dissolved all judicial and military establishments emanating from the British Crown, 4 HISTORY OE MECKLENBURG COUNTY. and established others on principles corresponding with their declaration, which went into immediate operation, all of which was transmitted to Congress by express, and proba- bly expedited the general Declaration of Independence. May we ever act worthy of such predecessors !" On December 18, 1838, Colonel Peter Force, a distin- guished antiquarian, found in the New York Journal of June 29, 1775, a portion of certain resolves by the people of Mecklenburg, made in May, 1775. He found a second copy in the Massachusetts Spy of July 12, 1775. William Kelby, assistant librarian of the New York Historical Society, found that the New York Journal had copied the resolves from a Charleston paper. The Northern papers had copied the first four resolves, with the preamble, and had summar- ized the others. At the instance of Gov. Swain, Dr. Joseph Johnston found in the Charleston library a copy of the South Carolina Gazette and Country Journal of Tuesday, June 13, 1775. About the same time, Mr. Bancroft, then American minister to Great Britain, discovered the same number of the South Carolina Gazette, which had been forwarded to the British government by the Governor of Georgia, accom- panied by the following letter : "By the enclosed paper, your Lordship will see the extraordinary resolves of the people of Charlotte-town, in Mecklenburg county, and I should not be surprised if the same should be done everywhere else." The original copy was destroyed in the fire which burned the house of John McKnitt Alexander. A copy of the orig- inal was sent before the burning of the house to the histo- rian, Williamson, in New York, and it, together with the other sources of his history, were destroyed by a fire in that city. John McKnitt Alexander wrote the Declaration from memory, and with the exception of some superfluous adjec- tives, it is presumed to be a fairly accurate copy. This was sent to Gen. William R. Davie and recovered after his death, and is now in the library at Chapel Hill. It is known as the Davie copy. The Martin copy is so called from its pub- lication in Martin's History of North Carolina. This book MECKLENBURG DECLARATION CONTROVERSY. 5 was published in 1829, but it was prepared, in final form, be- fore 1809. A third copy, called the Garden copy, was pub- lished in 1828 by Alexander Garden'* of Lee's Legion, and this is almost exactly identical with the Martin copy, which is regarded as the authentic copy. Garden could not have gotten it from Martin's History, which was published a year later, and Martin testifies to Dr. Hawkes that he did not get his copy from Garden, and did not know that Garden had a copy. Garden was an intimate friend and associate of Dr. William Read, of Charleston, who was a surgeon-general of Greene's army, and was stationed in Charlotte during the Revolution, and who attended Dr. Ephraim Brevard in his last sickness at the house of John McKnitt Alexander. Garden had, 'therefore, ample opportunity for obtaining at first hand the sources of information for his chapter on the Mecklenburg Declaration, in which Dr. Read is mentioned as the source of his information. While Martin's history was published in 1829, the author testifies in the preface that he had gathered the materials for this history before 1809, when he was sent to the Mississippi Territory by President Madison. And that being warned by an attack of sickness, that he might not live to publish the history, he determined "to put the work immediately to press in the condition it was in when it reached New Orleans. " The references he makes are to "Records, Magazines, Ga- zettes." No one can read the Colonial Records, lately pub- lished, and then read the digest of them in Martin's History, without being struck with the accuracy and impartiality of his story. As to this particular document of the Mecklen- burg Declaration, Martin testified in a conversation with Rev. F. L. Hawkes, D. D.. that he had obtained it "in the western part of the State prior to the year 1800."** Judge Francis Xavier Martin, LL. D., was an eminent jurist and *Garden's Anecdotes of the Revolution. **"The Mecklenburg Declaration of Independence," an Address by Dr. Hawks in New York, December 16, 1852. Published in "Rev- olutionary History of North Carolina," 1853. 6 HISTORY OF MECKLENBURG COUNTY. scholar who emigrated from France to America in 1782, and settled in New Bern. By a resolution of the Assembly, he was employed to compile and edit the "British Statutes" of North Carolina, and devoted the years 1791-92 to that work. He was engaged by the Legislature, in 1794, and again in 1803, to edit the private acts of the Assembly. All this time he was gathering materials for his history of North Carolina, and must have known those members of the As- sembly from Mecklenburg who were participants in the scenes of the 19th and 20th of May, such as Robert Irwin, James Harris, William Polk, George Graham, and Joseph Graham. In 1806-7, ne was a member of the Legislature and again associated with George Graham, and Nathaniel Alexander, Mecklenburg's first occupant of the Governor's seat, who was a son-in-law of Col. Thomas Polk. Martin had the opportunity for securing original documents, the habit of historical investigation, the tastes and judgment of a scholar, and the judicial temperament which weighs evi- dence and rejects that which is false. His testimony alone would be sufficient to establish the fact that the committee of Mecklenburg citizens passed the resolutions which he prints in full, on the 20th day of May, 1776. In the year 1793, Dr. Hugh Williamson, who had an- nounced his purpose to write a history of North Carolina, secured a copy of the Declaration from Mr. Alexander, which copy was seen by Gov. Stokes in Fayetteville in 1793, in the well-known handwriting of John McKnitt Alexan- der, as Gov. Stokes testifies.* In the year 1800, the Alexan- der residence, with the original copy of the Declaration and all the other proceedings of the Mecklenburg committee, were destroyed by fire. The following was affixed to the Davie copy in the hand- writing of John McKnitt Alexander: "It may be worthy of notice here to observe that the foregoing statement, though fundamentally correct, may not literally correspond *Dr. Hawks' Address. (See Page 8.) MECKLENBURG DECLARATION CONTROVERSY. J with the original record of the transactions of said delega- tion and court of enquiry, as all those records and papers were burnt with the house on April 6, 1800; but previous to that time of 1800, a full copy of said records, at the re- quest of Dr. Hugh Williamson, then of New York, but for- merly a representative in Congress from this State, was for- warded to him by Col. William Polk, in order that those early transactions might fill their proper place in a history of this State then writing by said Dr. Williamson, in New York. ''Certified to the best of my recollection and belief, this 3d day of September, 1800." The Davie copy is a free version of the Martin copy. It begins with the past tense, "Whosoever abetted." showing the act of memory involved. There is a superfluity of ad- jectives, "unchartered and dangerous," "inherent and inalienable," which may be an echo of the National Declara- tion, though "rights inalienably ours" is an expression found in the articles of association adopted by Congress in 1774- "Americans" becomes "American patriots" in the old man's memory. A preamble is put to the fourth resolution, "as we n< >w acknowledge the existence and control of no law or le &x^ / //f&«*G*Zl_> 1lt# SIGNATURES OF PROMINENT CHARACTERS IN MECKLEN- BURG HISTORY. MECKLENBURG DECLARATION CONTROVERSY. I J {Certificate of Samuel Henderson.)* State of Nobth Cabolixa. Meckxenbubg County. I, Samuel Henderson, do hereby certify, that the paper annexed was obtained by me from Maj. William Davie in its present situa- tion, soon after the death of his father, Gen. William R. Davie, and given to Doct. Joseph McKnitt by me. In searching for some par- ticular paper, I came across this, and, knowing the handwriting of John McKnitt Alexander, took it up, and examined it. Maj. Davie said to me (when asked how it became torn) his sisters had torn it, not knowing what it was. Given under my hand, this 25th November, 1830. Sam. Hendebsox. [Note. — To this certificate of Doct. Henderson is annexed the copy of the paper A, originally deposited by John McKnitt Alexan- der in the hands of Gen. Davie, whose name seems to have been mistaken by Mr. Jefferson for that of Gov. Caswell. See preface, pages 5 and 6. This paper is somewhat torn, but is entirely legible, and constitutes the "solemn and positive proof of authenticity" which Mr. Jefferson required, and which would doubtless have been satisfactory, had it been submitted to him.] ( Captain Jack's Certificate. ) * Having seen in the newspapers some pieces respecting the Declar- ation of Independence by the people of Mecklenburg county, in the State of North Carolina, in May, 1775, and being solicited to state what I know of that transaction; I would observe, that for some time previous to, and at the time those resolutions were agreed upon, I resided in the town of Charlotte, Mecklenburg county; was privy to a number of meetings of some of the most influential and leading characters of that county on the subject, before the final adoption of the resolutions — and at the time they were adopted; among those who appeared to take the lead, may be mentioned Hezekiah Alexan- der, who generally acted as chairman; John McKnitt Alexander, as secretary; Abraham Alexander, Adam Alexander, Maj. John Da- vidson, Maj. (afterwards Gen.) Wm. Davidson, Col. Thomas Polk, Ezekiel Polk, Dr. Ephraim Brevard, Samuel Martin, Duncan Ochle- tree, William Willson, Robert Irvin. When the resolutions were finally agreed on, they were publicly proclaimed from the Court-house door in the town of Charlotte, and received with every demonstration of joy by the inhabitants. I was then solicited to be the bearer of the proceedings to Con- *State Pamphlet, 1831. l8 HISTORY OF MECKLENBURG COUNTY. gress. I set out the following month, say June, and in passing through Salisbury, the General Court was sitting — at the request of the court I handed a copy of the resolutions to Col. Kennon, an At- torney, and they were read aloud in open court. Major William Davidson, and Mr. Avery, an attorney, called on me at my lodgings the evening after, and observed, they had heard of but one person, (a Mr. Beard) but approved of them. I then proceeded on to Philadelphia, and delivered the Mecklen- burg Declaration of Independence of May, 1775, to Richard Caswell and "William Hooper, the delegates to Congress from the State of North Carolina. I am now in the eighty-eighth year of my age, residing in the county of Elbert, in the State of Georgia. I was in the Revolution- ary War, from the commencement to the close. I would further observe, that the Rev. Francis Cummins, a Presbyterian clergyman, of Greene county, in this State, was a student in the town of Char- lotte at the time of the adoption of the resolutions, and is as well, or perhaps better acquainted with the proceedings at that time, than any man now living. Col. William Polk, of Raleigh, in North Carolina, was living with his father Thomas, in Charlotte, at the time I have been speaking of, and although then too young to be forward in the business, yet the leading circumstances I have related cannot have escaped his recollection. James Jack. Signed this 7th Dec, 1819, in presence of Job Weston, C. C. 0. James Oliver, Atto. at Law. (The Alexander Certificate.)* North Carolina, Cabarrus County, Nov. 29, 1830. We, the undersigned, do hereby certify that we have frequently heard William S. Alexander, deceased, say that he, the said Wm. S. Alexander, was at Philadelphia, on mercantile business, in the early part of the summer of 1775, say in June; and that on the day that Gen. Washington left Philadelphia to take command of the North- ern army,** he, the said Wm. S. Alexander, met with Capt. James Jack, who informed him, the said Wm. S. Alexander, that he, the said James Jack, was there as the agent or bearer of the Declaration of Independence made in Charlotte, on the twentieth day of May, sev- *State Pamphlet, 1831. **June 23.— D. A. T. MECKLENBURG DECLARATION CONTROVERSY. 1 9 enteen hundred and seventy-five, by the citizens of Mecklenburg, then including Cabarrus, with instructions to present the same to the Delegates from North Carolina, and by them to be laid before Congress, and which he said he had done; in which Declaration the aforesaid citizens of Mecklenburg renounced their allegiance to the crown of Great Britain, and set up a government for themselves, un- der the title of The Committee of Safety. Given under our hands the date above written. Alphonso Alexander, Amos Alexander, J. McKnitt. (Francis Cummins' Certificate.)* Lexington, Ga., November 10, 1819. Dear Sir: — The bearer, the Hon. Thomas W. Cobb, has suggested to me that you had a desire to know something particularly of the proceedings of the citizens of Mecklenburg county, in North Carolina, about the beginning of our Revolutionary War. Previous to my becoming more particular, I will suppose you re- member the Regulation business, which took its rise in or before the year 1770, and issued and ended in a battle between che Regu- lators and Governor Tryon, in the spring of 1771. Some of the Reg- ulators were killed, and the whole dispersed. The Regulators' con- duct "was a rudis indigestaque moles," as Ovid says, about the be- ginning of creation; but the embryotic principles of the Revolution were in their temper and views. They wanted strength, consist- ency, a Congress and a Washington at their head. Tryon sent his officers and minions through the State, and imposed the oath of allegiance upon the people, even as far up as Mecklenburg county. In the year 1775, after our Revolution began, the principal char- acters of Mecklenburg county met on two sundry days, in Queen's Museum in Charlotte, to digest Articles for a State Constitution, in anticipation that the Province would proceed to do so. In this busi- ness the leading characters were, the Rev. Hezekiah James Balch, a graduate of Princeton College, an elegant scholar; Waightstill Avery, Esq., Attorney at Law; Hezekiah and John McKnitt Alexan- der, Esq's., Col. Thomas Polk, etc., etc. Many men, and young men, (myself one,) before magistrates, ab- jured allegiance to George III., or any other foreign power. At length, in the same year, 1775, I think, at least positively before July 4, 1776, the males generally of that county met on a certain day in Charlotte, and from the head of the Court-house stairs pro- *State Pamphlet, 1831. 20 HISTORY OF MECKLENBURG COUNTY. claimed Independence on English Government, by their herald Col. Thomas Polk. I was present, and saw and heard it, and as a young man, and then a student in Queen's Museum, was an agent in these things. I did not then take and keep the dates, and cannot, as to date, be so particular as I could wish. Capt. James Jack, then of Charlotte, but now of Elbert county, in Georgia, was sent with the account of these proceedings to Congress, then in Philadelphia — and brought back to the county, the thanks of Congress for their zeal — and the advice of Congress to be a little more patient, until Congress should take the measures thought to be best. I would suppose, sir, that some minutes of these things must be found among the records of the first Congress, that would per- fectly settle their dates. I am perfectly sure, being present at the whole of them, they were before our National Declaration of Inde- pendence. Hon. Sir, if the above few things can afford you any gratification, it will add to the happiness of your friend and humble servant. Francis Cummins. Hon. Nathaniel Macon. (Joseph Graham's Certificate.)* Vesuvius Furnace, 4th October, 1830. Dear Sir: — Agreeably to your request, I will give you the details of the Mecklenburg Declaration of Independence on the 20th of May, 1775, as well as I can recollect after a lapse of fifty-five years. I was then a lad about half grown, was present on that occasion (a looker on). During the Winter and Spring preceding that event, several pop- ular meetings of the people were held in Charlotte; two of which I attended. — Papers were read, grievances stated, and public measures discussed. As printing was not then common in the South, the papers were mostly manuscript; one or more of which was from the pen of the Reverend Doctor Reese, (then of Mecklenburg), which met with general approbation, and copies of it circulated. It is to be regretted that those and other papers published at that period, and the journal of their proceedings, are lost. They would show much of the spirit and tone of thinking which prepared them for the measures they afterwards adopted. On the 20th of May, 1775, besides the two persons elected from each militia company, (usually called Committee-men), a much larger number of citizens attended in Charlotte than at any former meeting — perhaps half the men in the county. The news of the battle of Lexington, the 19th of April preceding, had arrived. There ♦State Pamphlet, 1831. MECKLENBURG DECLARATION CONTROVERSY. 21 appeared among the people much excitement. The committee were organized in the Court-house by appointing Abraham Alexander, Esq., Chairman, and John McKnitt Alexander, Esq., Clerk or Sec- retary to the meeting. After reading a number of papers as usual, and much animated discussion, the question was taken and they resolved to declare themselves independent. One among other reasons offered, that the King or Ministry had, by proclamation or some edict, declared the Colonies out of the protection of the British Crown; they ought, therefore, to declare themselves out of his protection, and resolve on independence. That their proceedings might be in due form, a sub- committee, consisting of Dr. Ephraim Brevard, a Mr. Kennon, an attorney, and a third person, whom I do not recollect, were ap- pointed to draft their Declaration. They retired from the Court- house for some time; but the committee continued in session in it. One circumstance occurred I distinctly remember: A member of the committee, who had said but little before, addressed the Chair- • man as follows: "If you resolve on independence, how shall we all be absolved from the obligations of the oath we took to be true to King George the III. about four years ago, after the Regulation battle, when we were sworn whole militia companies together. I should be glad to know how gentlemen can clear their consciences after taking that oath." This speech produced confusion. The Chairman could scarcely preserve order, so many wished to reply. There appeared great indignation and contempt at the speech of the member. Some said it was nonsense; others that allegiance and protection were reciprocal; when protection was withdrawn, alle- giance ceased; that the oath was only binding while the King pro- tected us in the enjoyment of our rights and liberties as they ex- isted at the time it was taken; which he had not done, but now de- clared us out of his protection; therefore was not binding. Any man who would interpret it otherwise, was a fool. By way of illus- tration, (pointing to a green tree near the Court-house), stated, if he was sworn to do anything as long as the leaves continued on that tree, it was so long binding; but when the leaves fell, he was discharged from its obligation. This was said to be certainly appli- cable in the present case. Out of respect for a worthy citizen, long since deceased, and his respectable connections, I forbear to mention names; for, though he was a friend to the cause, a suspicion rested on him in the public mind for some time after. The sub-committee appointed to draft the resolutions returned, and Dr. Ephraim Brevard read their report, as near as I can recol- lect, in the very words we have since seen them several times in print. It was unanimously adopted, and shortly after it was moved 22 HISTORY OE MECKLENBURG COUNTY. and seconded to have proclamation made and the people collected, that the proceedings be read at the Court-house door, in order that all might hear them. It was done, and they were received with enthusiasm. It was then proposed by some one aloud to give three cheers and throw up their hats. It was immediately adopted, and the hats thrown. Several of them lit on the Court-house roof. The owners had some difficulty to reclaim them. The foregoing is all from personal knowledge. I understood af- terwards that Captain James Jack, then of Charlotte, undertook, on the request of the committee, to carry a copy of their proceedings to Congress, which then sat in Philadelphia; and on his way, at Salis- bury, the time of court, Mr. Kennon, who was one of the committee who assisted in drawing the Declaration, prevailed on Captain Jack to get his papers, and have them read publicly; which was done, and the proceedings met with general approbation. But two of the lawyers, John Dunn and a Mr. Booth, dissented, and asserted they were treasonable, and endeavored to have Captain Jack detained. He drew his pistols, and threatened to kill the first man who would interrupt him, and passed on. The news of this reached Charlotte in a short time after, and the executive of the committee, whom they had invested with suitable powers, ordered a party of ten or twelve armed horsemen to bring said lawyers from Salisbury; when they were brought, and the case investigated before the committee. Dunn, on giving security and making fair promises, was permitted to return, and Booth was sentenced to go to Camden, in South Caro- lina, out of the sphere of his influence. My brother George Graham and the late Col. John Carruth were of the party that went to Salis- bury; and it is distinctly remembered that when in Charlotte they came home at night, in order to provide for their trip to Camden; and that they and two others of the party took Booth to that place. This was the first military expedition from Mecklenburg in the Rev- olutionary war, and believed to be the first anywhere to the South. Yours respectfully, J. Graham. Dr. Jos. WKt. Alexander, Mecklenburg, N. Carolina. Certificate (Graham, Hutchison, Clark, Robinson.)* State of North Carolina, Mecklenburg County. At the request of Col. William Polk, of Raleigh, made to Major- General George Graham, soliciting him to procure all the informa- tion that could be obtained at this late period, of the transactions ♦State Pamphlet, 1831. MECKLENBURG DECLARATION CONTROVERSY. 2T, which took place in the county of Mecklenburg, in the year 1775, as it respected the people of that county having declared Independence; of the time when the Declaration was made; who were the princi- pal movers and leaders, and the members who composed the body of Patriots who made the Declaration, and signed the same. We, the undersigned citizens of the said county, and of the several ages set forth opposite to each of our names, do certify, and on our honor declare, that we were present in the town of Charlotte, in the said county of Mecklenburg, on the 19th day of May, 1775, when two persons elected from each Captain's Company in said county, ap- peared as delegates, to take into consideration the state of the coun- try, and to adopt such measures as to them seemed best, to secure their lives, liberty, and property, from the storm which was gather- ing, and had burst upon their fellow-citizens to the Eastward, by a British army, under the authority of the British King and Parlia- ment. The order for the election of Delegates was given by Col. Thomas Polk, the commanding officer of the militia of the county, with a re- quest that their powers should be ample, touching any measure that should be proposed. We do further certify and declare, that to the best of our recollec- tion and belief, the delegation was complete from every company, and that the meeting took place in the Court-house, about 12 o'clock on the said 19th day of May, 1775, when Abraham Alexander was chosen Chairman, and Dr. Ephraim Brevard Secretary. That the Delegates continued in session until in the night of that day; that on the 20th they again met, when a committee, under the direction of the Delegates, had formed several resolves, which were read, and which went to declare themselves, and the people of Mecklen- burg county, Free and Independent of the King and Parliament of Great Britain— and that, from that day thenceforth, all allegiance and political relation was absolved between the good people of Mecklenburg and the King of Great Britain; which Declaration was signed by every member of the Delegation, under the shouts and huzzas of a very large assembly of the people of the county, who had come to know the issue of the meeting. We further believe, that the Declaration of Independence was drawn up by the Secre- tary, Dr. Ephraim Brevard, and that it was conceived and brought about through the instrumentality and popularity of Col. Thomas Polk, Abraham Alexander, John McKnitt Alexander, Adam Alexan- der, Ephraim Brevard, John Phifer, and Hezekiah Alexander, with some others. We do further certify and declare, that in a few days after the Delegates adjourned, Captain James Jack, of the town of Char- 24 HISTORY OF MECKLENBURG COUNTY. lotte, was engaged to carry the resolves to the President of Con- gress, and to our Representatives — one copy for each; and that his expenses were paid by a voluntary subscription. And we do know that Captain Jack executed the trust, and returned with answers, both from the President and our Delegates in Congress, expressive of their entire approbation of the course that had been adopted, recommending a continuance in the same; and that the time would soon be, when the whole Continent would follow our example. We further certify and declare, that the measures which were adopted at the time before mentioned, had a general influence on the people of this county to unite them in the cause of liberty and the country, at that time; that the same unanimity and patriotism con- tinued unimpaired to the close of the war; and that the resolutions had considerable effect in harmonizing the people in two or three ad- joining counties. That a committee of Safety for the county were elected, who were clothed with civil and military power, and under their au- thority several disaffected persons in Rowan, and Tryon (now Lin- coln county), were sent for, examined, and conveyed (after it was satisfactorily proven they were inimical) to Camden, in South Carolina, for safe keeping. We do further certify, that the acts passed by the committee of Safety, were received as the Civil Law of the land in many cases, and that Courts of Justice for the decision of controversies between the people were held, and we have no recollection that dissatisfac- tion existed in any instance with regard to the judgments of said courts. We are not, at this late period, able to give the names of all the Delegation who formed the Declaration of Independence; but can safely declare as to the following persons being of the number, viz.: Thomas Polk, Abraham Alexander, John McKnitt Alexander, Adam Alexander, Ephraim Brevard, John Phifer, Hezekiah James Balch, Benjamin Patton, Hezekiah Alexander, Richard Barry, William Graham, Matthew M'Clure, Robert Irwin, Zachias Wilson, Neil Mor- rison, John Flennegen, John Queary, Ezra Alexander. In testimony of all and every part herein set forth, we have here- unto set our hands. Geo. Graham, aged 61, near 62. Wm. Hutchison, " 68. Jonas Clark, " 61. Rob't Robinsox. " 68. MECKLENBURG DECLARATION CONTROVERSY. 25 (John Simeson to Col. William Polk.)* Providence, January 20, 1820. Dear Sir: — After considerable delay, occasioned partly to obtain what information I could, in addition to my own knowledge of the facts in relation to our Declaration of Independence, and partly by a precarious, feeble old age, I now write to you in answer to yours of the 24th ult. I have conversed with many of my old friends and others, and all agree in the point, but few can state the particulars; for although our country is renowned for general intelligence, we have still some that don't read the public prints. You know, in the language of the day, every Province had its Congress, and Mecklenburg had its county Congress, as legally chosen as any other, and assumed an attitude until then without a precedent; but, alas those worthies who conceived and executed that bold measure, are no more; and one reason why so little new light can be thrown on an old truth, may be this — and I appeal to yourself for the correctness of the re- mark — we who are now called Revolutionary men, were then thoughtless, precipitate youths; we cared not who conceived the bold act, our business was to adopt and support it. Yourself, sir, in your eighteenth year and on the spot, your worthy father, the most popular and influential character in the county, and yet you cannot state much from recollection. Your father, as commanding officer of the county, issued orders to the captains to appoint two men from each company to represent them in the committee. It was done. Neill Morrison, John Flennegen, from this company; Charles Alexander, John McKnitt Alexander, Hezekiah Alexander, Abraham Alexander, Esq., John Phifer, David Reese, Adam Alexan- der, Dickey Barry, John Queary, with others, whose names I cannot obtain. As to the names of those who drew up the Declaration, I am inclined to think Dr. Brevard was the principal, from his known talents in composition. It was, however, in substance and form, like that great national act agreed on thirteen months after. Ours was towards the close of May, 1775. In addition to what I have said, the same committee appointed three men to secure all the military stores for the country's use — Thomas Polk, John Phifer, and Joseph Kennedy. I was under arms near the head of the line, near Col. Polk, and heard him distinctly read a long string of Grievances, the Declaration and Military Order above. I likewise heard Col. Polk have two warm disputes with two men of the county, who said the measures were rash and unnecessary. He was applauded and they silenced. I was then in my 22d year, an enemy to usurpation and *State Pamphlet, 1831. 26 HISTORY OF MECKLENBURG COUNTY. tyranny of every kind, with a retentive memory, and fond of liberty, that had a doubt arisen in my mind that the act would be contro- verted, proof would not have been wanting; but I comfort myself tbat none but the self-important peace-party and blue-lights of the Bast, will have the assurance to oppose it any further. The biogra- pher of Patrick Henry (Mr. Wirt) says he first suggested Independ- ence in the Virginia Convention; but it is known they did not reduce it to action— so that it will pass for nothing. The Courts likewise acted independently. I myself heard a dispute take place on the bench, and an acting magistrate was actually taken and sent to prison by an order of the Chairman. Thus, sir, have I thrown together all that I can at this time. I am too blind to write fair, and too old to write much sense — but if my deposition before the Supreme Court of the United States would add more weight to a truth so well known here, it would be at the service of my fellow-citizens of the country and State generally. I am, sir, your friend and humble servant, John Simeson, Sen. P. S. — I will give you a short anecdote. An aged man near me, on being asked if he knew anything of this affair, replied, "Och, aye, Tarn Polk declared Independence long before anybody else." This old man is 81. (Certificate of Isaac Alexander.)* I hereby certify that I was present in Charlotte on the 19th and 20th days of May, 1775, when a regular deputation from all the Captains' companies of militia in the county of Mecklenburg, to-wit: Col. Thomas Polk, Adam Alexander, Lieut. Col. Abram Alexander, John McKnitt Alexander, Hezekiah Alexander, Ephraim Brevard, and a number of others, who met to consult and take measures for the peace and tranquility of the citizens of said county, and who appointed Abraham Alexander their Chairman, and Doctor Ephraim Brevard Secretary; who, after due consultation, declared themselves absolved from their allegiance to the King of Great Britain, and drew up a Declaration of their Independence, which was unani- mously adopted; and employed Capt. James Jack to carry copies thereof to Congress, who accordingly went. These are a part of the transactions that took place at that time, as far as my recollection serves me. Isaac Alexander. October 8, 1830. *State Pamphlet, 1831. MECKLENBURG DECLARATION CONTROVERSY. 27 (Certificate of Samuel Wilson.)* State of North Carolina, Mecklenburg County. I do hereby certify, that in May, 1775, a committee or delegation from the different militia companies in this county met in Charlotte; and after consulting together, they publicly declared their independ- ence on Great Britain, and on her Government. This was done be- fore a large collection of people, who highly approved of it. I was then and there present, and heard it read from the Court-house door. Certified by me. Samuel Wilson. (Certificate of John Davidson.)* Beaver Dam, October 5, 1830. Dear Sir: — I received your note of the 25th of last month, requir- ing information relative to the Mecklenburg Declaration of Inde- pendence. As I am, perhaps, the only person living, who was a member of that Convention, and being far advanced in years, and not having my mind frequently directed to that circumstance for some years, I can give you but a very succinct history of that trans- action. There were two men chosen from each captain's company, to meet in Charlotte, to take the subject into consideration. John McKnitt Alexander and myself were chosen from one company; and many other members were there that I now recollect, whose names I deem unnecessary to mention. When the members met, and were perfectly organized for business, a motion was made to de- clare ourselves independent of the Crown of Great Britain, which was carried by a large majority. Dr. Ephraim Brevard was then appointed to give us a sketch of the Declaration of Independence, which he did. James Jack was appointed to take it on to the American Congress, then sitting in Philadelphia, with particular in- structions to deliver it to the North Carolina Delegation in Con- gress, (Hooper and Caswell). When Jack returned, he stated that the Declaration was presented to Congress, and the reply was, that they highly esteemed the patriotism of the citizens of Mecklenburg; but they thought the measure too premature. I am confident that the Declaration of Independence by the peo- ple of Mecklenburg was made public at least twelve months before that of the Congress of the United States. I do certify that the foregoing statement, relative to the Meck- lenburg Independence is correct, and which I am willing to be qualified to, should it be required. Yours respectfully, Doct. J. M. Alexander. John Davidson. ♦State Pamphlet, 1831. 28 HISTORY OF MECKLENBURG COUNTY. Note. — The following is a copy of an original paper furnished by the writer of the foregoing certificate, from which it would seem, that, from the period of the Mecklenburg Declaration, every indi- vidual friendly to the American cause was furnished by the Chair- man of that meeting, Abraham Alexander, with testimonials of the character he had assumed; and in this point of view the paper af- fords strong collateral testimony of the correctness of many of the foregoing certificates. North Carolina, Mecklenburg County, November 28, 1775. These may certify to all whom may concern, that the bearer hereof, William Henderson, is allowed here to be a true friend to liberty, and signed the Association. Certified by Abr'm Alexander, Chairman of the Committee of P. S. (Letter From J. G. M. Ramsey.)* Mecklenburg, T. Oct. 1, 1830. Dear Sir:— Yours of 21st ultimo was duly received. In answer I have only to say, that little is in my possession on the subject alluded to which you have not already seen. Subjoined are the cer- tificates of two gentlemen of this county, whose respectability and veracity are attested by their acquaintances here, as well as by the accompanying testimonials of the magistrates in whose neighbor- hood they reside. With this you will also receive extracts from letters on the same subject from gentlemen well known to you, and to the country at large. I am, very respectfully yours, etc., J. G. M. Ramsey. (Certificate of James Johnson.)* I, James Johnson, now of Knox county, Tennessee, but formerly of Mecklenburg county, North Carolina, do hereby certify, that to the best of my recollection, in the month of May, 1775, there were several meetings in Charlotte concerning the impending war. Being young, I was not called on to take an active part in the same; but one thing I do positively remember, that she (Mecklenburg county) did meet and hold a Convention, declared independence, and sent a man to Philadelphia with the proceedings. And I do further cer- tify, that I am well acquainted with several of the men who formed or constituted said Convention, viz.: John McKnitt Alexander, Hez- *State Pamphlet, 1831. MECKLENBURG DECLARATION CONTROVERSY. 20. ekiah Alexander, Abraham Alexander, Adam Alexander, Robert Irwin, Neill Morrison, John Flennegen, John Queary. Certified by me this 11th day of October, 1827. James Johnson, In my seventy-third year. {Certificate of Elijah Johnson and James Wilhite.)* We, Elijah Johnson and James Wilhite, acting Justices of the Peace for the county of Knox, do certify, that we have been a long time well acquainted with Samuel Montgomery and James Johnson, both residents of Knox county; and that they are entitled to full credit, and any statement they may make to implicit confidence. Given under our hands and seals this 4th day of October, 1830. Elijah Johnson, [Seal.] James Wilhite, [Seal.] Justices of the Peace for Knox County. Note. — Mr. Montgomery's certificate does not purport to state the facts as having come under his own personal observation. It is therefore omitted in this publication. Instructions Given to Mecklenburg Representatives to the Provin- cial Congress, September 1, 1776.** 1. You are instructed to vote that the late province of North Car- olina is and of right ought to be, a free and independent State, in- vested with all the power of Legislation, capable of making Laws to regulate all its internal policy, subject only in its external con- nections and foreign commerce, to a negative of a continental Senate. 2. You are instructed to vote for the Execution of a civil Govern- ment under the authority of the People for the future security of all the Rights, Privileges and Prerogatives of the State, and the private, natural and unalienable Rights of the constituting members thereof, either as Men or Christians. If this should not be confirmed in Congress or Convention — protest. 3. You are instructed to vote that an equal Representation be es- tablished, and that the qualifications required to enable any person or persons to have a voice in Legislation, may not be secured too high, but that every Freeman who shall be called upon to support Government either in person or property, may be admitted thereto. If this should not be confirmed, protest and remonstrate. *State Pamphlet, 1831. ** Wheeler's History, page 260. Date according to Governor Swain. 30 HISTORY OF MECKLENBURG COUNTY. 4. You are instructed to vote that Legislation be not a divided right, and that no man, or body of men be invested with a negative on the voice of the People duly collected, and that no honors or dig- nities be conferred, for life, or made hereditary, on any person or persons, either legislative or executive. If this should not be con- firmed — protest and remonstrate. 5. You are instructed to vote that all and every person or per- sons, seized or possessed of any estate, real or personal, agreeable to the last establishment, be confirmed in their seizure and pos- session, to all intents and purposes in law, who have not forfeited their right to the protection of the State by their criminal practices towards the same. If this should not be confirmed — protest. 6. You are instructed to vote that Deputies to represent this State in a Continental Congress be appointed in and by the supreme Leg- islative body of the State, the form of nomination to be submitted to, if free, and also that all officers the influence of whose office is equally to extend to every part of the State, be appointed in the same manner and form — likewise give your consent to the establish- ing the old political divisions, if it should be voted in convention, or to new ones if similar. On such establishments taking place you are instructed to vote, in the general, that all officers, who are to exercise their authority in any of the said districts, be recommended to the trust only by the freemen of said division — to be subject, however, to the general laws and regulations of the State. If this should not be substantially confirmed — protest. 7. You are instructed to move and insist that the people you im- mediately represent be acknowledged to be a distinct county of this State as formerly of the late province, with the additional privilege of annually electing in their own officers both civil and military, together with the election of Clerks and Sheriffs, by the freemen of the same. The choice to be confirmed by sovereign authority of the State, and the officers so invested to be under the jurisdiction of the State and liable to its cognizance and inflictions, in case of malpractice. If this should not be confirmed, protest and remon- strate. 8. You are instructed to vote that no chief justice, no secretary of State, no auditor-general, no surveyor-general, no practicing law- yer, no clerk of any court of record, no sheriff, and no person hold- ing a military office in this State, shall be a representative of the people in Congress or Convention. If this should not be confirmed — contend for it. 9. You are instructed to vote that all claims against the public, except such as accrue upon attendance of Congress or Convention, be first submitted to the inspection of a committee of nine or more MECKLENBURG DECLARATION CONTROVERSY. 3 1 men, inhabitants of the county where said claimant is a resident, and without the approbation of said committee, it shall not be ac- cepted by the public, for which purpose you are to move and insist that a law be enacted to impower the freemen of each county to choose a committee of not less than nine men, of whom none are to be military officers. If this should not be confirmed — protest and remonstrate. 10. You are instructed to refuse to enter into any combinations of secrecy as members of Congress or Convention, and also to refuse to subscribe any ensnaring jests binding you to an unlimited sub- jection to the determination of Congress or Convention. 11. You are instructed to move and insist that the public accounts fairly stated shall be regularly kept in proper books, open to the in- spection of all persons whom it may concern. If this should not be confirmed — contend for it. 12. You are instructed to move and insist that the power of Coun- ty Courts be much more extensive than under the former constitu- tion, both with respect to matters of property and breaches of the peace. If not confirmed — contend for it. 13. You are instructed to assent and consent to the establishment of the Christian Religion as contained in the scriptures of the Old and New Testaments, and more briefly comprised in the 39 Articles of the Church of England, excluding the 37th Article, together with all the Articles excepted and not to be imposed on dissenters by the act of toleration; and clearly held forth in the confession of faith compiled by the assembly of divines at Westminster, to be the Reli- gion of the State, to the utter exclusion forever of all and every other (falsely so called) Religion, whether Pagan or Papal, and that the full, free and peaceable enjoyment thereof be secured to all and every constituent member of the State as their unalienable right as Freemen, without the imposition of rites and ceremonies, whether claiming civil or ecclesiastical power for their source, and that a confession and profession of the Religion so established shall be necessary in qualifying any person for public trust in the State. If this should not be confirmed — protest and remonstrate. 14. You are instructed to oppose to the utmost any particular church or set of clergymen being invested with power to decree rites and ceremonies and to decide in controversies of faith to be submitted to under the influence of penal laws — you are also to op- pose the establishment of any mode of worship to be supported to the opposition of the rights of conscience, together with the de- struction of private property. You are to understand that under modes of worship are comprehended the different forms of swear- ing by law required. You are moreover to oppose the establishing 32 HISTORY OF MECKLENBURG COUNTY. an ecclesiastical supremacy in the sovereign authority of the State. You are to oppose the toleration of the popish idolatrous worship. If this should not be confirmed — protest and remonstrate. 15. You are instructed to move and insist that not less than four-fifths of the body of which you are members, shall, in voting, be deemed a majority. If this should not be confirmed— contend for it. 16. You are instructed to give your voices to and for every motion and bill made or brought into the Congress or Convention, where they appear to be for public utility and in no ways repugnant to the above instructions. 17. Gentlemen, the foregoing instructions, you are not only to look on as instructions, but as charges, to which you are desired to take special heed as the general rule of your conduct as our Repre- sentatives, and we expect you will exert yourselves to the utmost of your ability to obtain the purposes given you in charge, and wherein you fail either in obtaining or opposing, you are hereby ordered to enter your protest against the vote of the Congress or Convention as is pointed out to you in the above instructions. THREE COPIES OF THE DECLARATION. As some writers were confused by the difference between the Resolves and the Declaration, so they were also by three different alleged copies of the latter. The first, or Martin copy, is given in the ninth chapter of the first volume, and was secured by Judge Martin, as he says, in Western North Carolina prior to 1800. As it would have been virtually im- possible for an incorrect copy to have co-existed with the original, which was destroyed in 1800, this is obviously a genuine reproduction. Following is the Davie copy, which was written from memory by John McKnitt Alexander soon after the burning of his house and the official papers : 1st. Resolved, That whosoever directly or indirectly abbetted or in any way or form countenanced the unchartered and dangerous invasion of our rights as claimed by Great Britain, is an enemy to this country, to America, and to the inherent and inalienable rights of man. 2d. Resolved, That we, the citizens of Mecklenburg county, do hereby dissolve the political bands which have connected us to the ^^tJfrsttosJM l