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instorp 

of 

Jf^ortfj  Carolina 


BY 

SAMUEL  A'COURT  ASHE 


in  too  Volume* 


Volume  i 

FROM     1584    TO    1783 


GREENSBORO.  N.  C  : 

Charles  L.   Van  Noppen,   Publisher 

1908 


COPYRIGHT,  „>)S 
BY  CHARUCS  I,.  VAN  NOI»PEN 

ALL  RIGHTS  RESERVED 

115624 


DEDICATION 

To  Thomas  Jordan  Jarvis: 

In  taking  a  retrospect  of  past  events  I  recall  that  you  and  the 
lamented  William  Laurence  Saunders  and  myself  were  fellow  soldiers 
in  the  long  war;  that  we  shared  in  the  anxieties  of  the  Reconstruc- 
tion period ;  that  we  were  together  in  the  important  work  of  1870-72, 
when  you,  as  Speaker  of  the  House,  held  the  most  commanding 
position  among  our  friends;  that  from  that  time  onward  we  were 
co-laborers  in  every  effort  that  promised  to  promote  the  welfare 
of  the  people;  that  we  suffered  together  in  disappointments  and 
enjoyed  together  many  glorious  victories;  that  during  the  six  years 
of  your  useful  and  brilliant  administration  we  were  in  constant 
co-operation,  and  in  complete  sympathy  in  all  matters  of  public 
concern ;  and  that  since  then,  our  cordial  friendship  has  continued 
without  interruption,  save  that  Saunders  has  rested  from  his  labors. 
Recalling  those  long  years  of  association,  when  we  were  animated 
by  common  hopes  and  subject  to  the  same  anxieties — in  remembrance 
of  that  eventful  period — 

I  dedicate  this  volume  to  you  and  to  the  memory  of  our  departed 
friend,  it  being  an  early  fruitage  of  his  important  state  publications, 
the  preparation  of  which  was  made  possible  by  your  own  cordial 
concurrence;  and  I  inscribe  your  names  on  this  page  in  recognition 
of  your  great  services  to  the  people  of  North  Carolina  and  in  token 
of  my  friendship. 

S.  A.  Ashe. 


PREFACE 

At  different  times  in  the  past  the  public  were  led  to  hope 
that  Judge  Murphey,  Governor  Graham  or  Governor  Swain 
would  prepare  a  History  of  North  Carolina,  but  these  dis- 
tinguished investigators  into  historical  subjects  had  not  the 
leisure,  or  they  were  deterred  by  the  labor  that  such  a  work 
would  entail.  Fortunate  would  it  have  been  had  the  litera- 
ture of  the  State  been  enriched  by  such  a  contribution  from 
any  one  of  those  illustrious  citizens. 

And  yet  it  is  to  be  observed  that  it  is  only  in  more  recent 
years  that  the  great  mass  of  original  documents  bearing  on 
our  history  has  been  collected  and  made  accessible  to 
students.  The  publication  by  the  State  of  twenty-six  vol- 
umes of  a  thousand  pages  each  of  this  material  has  thrown 
such  light  on  matters  formerly  obscure  that  the  story  of  our 
people  can  now  be  much  more  accurately  written  than  ever 
before. 

It  was  the  fortune  of  the  writer  to  have  been  familiar 
with  these  documents  before  they  were  made  public  by  the 
State,  and  to  have  carefully  considered  those  of  any  par- 
ticular import.  An  investigator  into  original  sources  of 
North  Carolina  history  for  many  years,  he  was  naturally  the 
co-laborer  of  Colonel  Saunders  in  his  great  work,  and  he 
was  also  somewkat  concerned  in  preparing  the  Prefatory 
Notes  of  the  State  Records.  It  is  then  with  some  confi- 
dence that  he  offers  the  result  of  his  protracted  labors  to  the 
public. 

As  this  work  is  based  almost  exclusively  on  the  State 
publications,  nearly  every  statement  relating  to  North  Caro- 
lina has  for  its  support  a  contemporaneous  document. 

Every  one  owes  something  to  the  community  of  which  he 
is  a  member,  and  the  author  in  performing  the  self-imposed 
task  of  preparing  this  History  of  North  Carolina  feels  that 
he  is  only  paying  a  small  part  of  the  natural  obligations 
resting  on  him  as  a  citizen  of  the  State.  In  the  execution 
of  his  design  he  has  sought  to  present  the  past  with  unswerv- 
ing fidelity.     Animated  by  an  ambition  to  do  his  work  so 


vi  PREFACE 


thoroughly  that  posterity  will  value  it,  he  has  closely  investi- 
gated all  subjects,  and,  as  far  as  practicable,  has  brought 
together  the  circumstances  bearing  on  transactions  concern- 
ing which  there  have  been  differences  of  opinion. 

The  history  of  North  Carolina  abounds  with  incidents 
that  illustrate  the  high  patriotism  of  our  people,  their  man- 
hood, their  constancy  and  their  endurance.  It  has  been  with 
pride  that  the  author  has  sought  to  perpetuate  the  record  of 
those  events  and  to  enforce  on  posterity  the  lessons  they 
inculcate,  while  preserving  the  memory  of  those  useful 
citizens  who  have  contributed  to  the  public  welfare. 

The  author  makes  acknowledgment  to  Dr.  Stephen  B. 
Weeks  for  valuable  suggestions,  for  his  assistance  in  read- 
ing proof  and  for  his  indefatigable  labor  in  verifying  refer- 
ences. It  is  largely  due  to  his  critical  acumen,  to  his 
scholarly  taste  and  to  his  unsparing  labor  that  this  volume 
will  be  found  so  free  from  defects. 

Acknowledgment  should  also  be  made  to  Mr.  Charles  L. 
Van  Noppen,  the  publisher,  for  his  zealous  interest.  He 
has  not  considered  the  cost  but  has  been  animated  by  a 
patriotic  purpose  to  be  instrumental  in  the  production  of  a 
work  which  he  hopes  will  gratify  the  people  of  the  State. 

The  Author. 
Raleigh,  N.  C,  June  i,  1908. 


CONTENTS 


THE  FIRST  EPOCH— 1584-91 
RALEIGH'S  EXPLORATIONS  AND  COLONIES 


CHAPTER  I 
Contemporaneous  Documents 

Extracts  from  contemporaneous  writings  relative  to  the  discovery 
of  Virginia. — Explorations. — Localities. — Attempted  settlements  at 
Roanoke,  and  the  fate  of  the  Lost  Colony. — The  Croatans. 

CHAPTER  II 
Explorations,  1584 

England  claims  rights  in  America. — Sir  Humphrey  Gilbert. — 
Walter  Raleigh's  charter. — The  landing  of  Amadas  and  Barlow. — 
The  spot  uncertain. — The  savages  kindly. — Explorations. — Fortunate 
return. — The  new  land  named  Virginia. — Conditions  in  America.     22 

CHAPTER  III 
Lanl's  Colony,   1585-86 

Lane's  colony. — Arrival  atWokokon. — Secotan  visited. — Aquasco- 
goc  burned  by  Grcnvillc. — Disembarkation  at  Hattora^k. — Settle- 
ment at  Roanoke. — Fort  Raleigh. — Explorations. — Manteo  friendly. 
— Wanchesc  hostile — The  peril  of  famine. — Lane  penetrates  the 
Chowanoak ;  seizes  Skyco :  ascends  the  Moratoc. — Food  exhausted. — 
The  Indian  conspiracy. — The  ho^tiles  gather  at  Dasamonqucpcuc. — 
Lane  strikes  a  blow  and  secures  safet\.— The  arrival  of  Drake. — The 
departure  of  the  colonic. — Arrival  of  Grenville's  fleet. — Fifteen 
men  left  to  hold  possesion 29 


viii  CONTENTS 


CHAPTER  IV 

White's  Colony,  1587-91 

Raleigh's  embarrassments. — Conveys  an  interest  in  Virginia  to 
Thomas  Smith  John  White,  and  associates. — The  citie  of  Raleigh  in 
Virginia. — White's  colony  departs. — Howe  murdered. — White  de- 
spoils the  fields  of  the  hostiles. — Baptism  of  Manteo. — Birth  and 
christening  of  Virginia  Dare. — White  returns  to  England. — The 
Armada. — White's  first  attempt  to  return  to  Virginia. — Raleigh  makes 
further  conveyance  of  his  interest. — White  sails  in  February,  1591. — 
Finds  colony  removed. — Nface's  voyage. — Elizabeth  dies. — Raleigh 
arrested  for  treason. — The  settlement  at  Jamestown. — Fate  of  the 
Lost  Colony 39 


/    SECOND    EPOCH— 1629-63 
PERMANENT  SETTLEMENT 

CHAPTER  V 

Charters  and  Colonial  Officers 

The  charters. — The  concessions. — The  Lords  Proprietors  and 
their  successors. — The  Palatines. — The  governor,  speakers  of  the 
Assembly,  and  chief  justices 50 

CHAPTER  VI 

Beginnings  of  Permanent  Settlement  in  Albemarle 

Conditions  in  America. — Virginia  under  the  treaty  with  Parlia- 
ment.— Roger  Green's  explorations. — The  king  of  Roanoke  Island. 
— Permanent  settlement  on  the  Carolina  Sound. — The  Restoration. 
— The  Cape  Fear  explored. — Berkeley  receives  instructions  as  to 
Carolina. — The  name  Albemarle. — The  Quakers. — The  grant  of  the 
Lords  Proprietors. — William  Drummond,  governor  of  Albemarle. — 
The  second  grant 55 

CHAPTER  VII 

Settlement  on  the  Cape  Fear 

The  settlement  on  the  Cape  Fear. — Hilton's  explorations. — The 
New  England  Association. — The  first  settlement. — Sir  John  Yeamans, 
governor. — Conditions  at  Charlestovvn. — Yeamans  sails  from  Barba- 
does. — An  Assembly  at  Cape  Fear. — An  Indian  war. — Dissatisfaction. 
— The  Cape  Fear  River  abandoned. — A  new  Charlestown  on  Ashley 
River. — Slavery  in  the  colonies. — The  Indian  inhabitants.  72 


CONTENTS  ix 


THIRD   EPOCH— 1663-1 729 
PROPRIETARY  GOVERNMENT 

CHAPTER  VIII 

Administrations  of  Drummond  and  Stephens,  1664-69 

The  settlement  of  Albemarle. — Governor  Drummond. — The  first 
Assembly. — Conditions  at  Albemarle. — The  concessions. — Cessation 
of  tobacco  planting. — An  Indian  war. — Changes  in  the  Proprietors. 
— Stephens  governor. — The  great  deed. — Act  of  Assembly. — The 
marriage  act 88 

CHAPTER  IX 

Carteret's  Administration,  1670-73 

The  Fundamental  Constitutions. — Changes  introduced  by  them. — 
The  first  meeting  under  the  Grand  Model. — Carteret  governor. — 
The  Grand  Model  in  practice;  The  precincts. — The  nobility. — The 
Palatine's  Court. — The  Quakers. — First  dissatisfaction. — Carteret 
sails  for  England. — John  Jenkins  deputy-governor. — Visits  from 
Edmundson  and  Fox 98 

CHAPTER  X 
Administrations  of  Jenkins  and  Millerv  1673-78 

The  navigation  acts. — The  Board  of  Trade. — The  people  murmur. 
— Other  causes  of  dissatisfaction. — An  Indian  war. — The  tobacco 
duty  resisted. — The  administration  compromises. — Miller  arrested. — 
Eastchurch  goes  to  England. — Governor  Jenkins  deposed. — East- 
church  appointed  governor. — Bacon's  rebellion  in  Virginia. — A  gov- 
ernment by  the  people. — Eastchurch  deputizes  Miller. — Opposition 
to  the  navigation  acts. — Durant  resolves  to  revolt. — Miller  acts 
resolutely.  —  Durant  returns  to  Albemarle.  —  The  crisis  arrives. — 
The  revolt  proceeds 112 

CHAPTER  XI 

Administrations  of  Harvey,  Jenkins,  Wilkinson  and 
Sotiiel,  1679-89 

The  revolt  successful. — A  government  by  the  people. — Victory 
brings  moderation. — Quiet  succeeds  the  storm. — The  revolt  against 
arbitrary    power    and    the    navigation    acts. — The    Proprietors    dila- 


CONTENTS 


tory. — The  increase  of  Albemarle. — The  Proprietors  acquiesce. 
— Seth  Sothel  sent  to  govern. — John  Harvey  governor. — Miller 
flees. — Durant  dominant. — Biggs  retires  to  Virginia. — The  Quakers 
appeal  to  the  Proprietors  for  protection. — Harvey  dies;  suc- 
ceeded by  Jenkins. — Culpepper  tried,  but  acquitted. — Shaftesbury 
in  exile. — Albemarle  to  observe  the  law. — Wilkinson  governor. — 
Sothel  arrives. — John  Archdale  visits  Albemarle. — A  view  of  the 
situation. — Sothel  becomes   a  tyrant. — He  is  expelled.     .  .126 


CHAPTER  XII 

Administrations  of  Ludwell,  Jarvis,  Archdale,  Harvey 
and  Walker,  1689-1704 

Philip  Ludwell,  governor  of  North  Carolina. — Gibbs's  claim. — 
Thomas  Jarvis  appointed  deputy. — Ludwell  governor  of  all  Caro- 
lina.— His  instructions. — Changes  in  the  system. — Conditions  in  Al- 
bemarle.— Proprietors  prepare  rent  roll. — Ludwell  gives  effect  to  the 
Great  Deed. — Thomas  Harvey  deputy-governor. — John  Archdale 
governor  of  Carolina. — The  arrival  of  the  Huguenots. — Erection  of 
Bath  County. — The  line  between  Carolina  and  Virginia  in  dispute. — 
Pirates  harbor  in  all  the  colonies. — Parliament  directs  that  gov- 
ernors should  be  approved  by  the  king. — Henderson  Walker  gov- 
ernor.— Changes  in  Albemarle 141 


CHAPTER  XIII 

The  Exclusion  of  the  Quakers. 

Albemarle  at  the  opening  of  the  new  century. — Religious  affilia- 
tions.— The  Quakers. — Nathaniel  Johnson  governor  of  Carolina. — 
The  Church  Party  in  South  Carolina. — Major  Daniel  succeeds  Hen- 
derson Walker. — The  Quakers  excluded  from  office. — The  Constitu- 
tion ignored. — A  new  church  law. — Daniel  removed. — Succeeded  by 
Cary. — The  colony  grows. — Virginia  disputes  the  boundary. — John 
Porter's  voyage  to  England. — He  obtains  redress. — New  elements 
in  the  controversy. — Porter  breaks  with  Glover. — Two  govern- 
ments contending. — Both  call  the  Assembly. — Glover  departs  to  Vir- 
ginia.— Cary  in  possession. — The  government  orderly 154 


CHAPTER  XIV 

The  Cary  Rebellion 

The  Patat'nes. — Their  sufferings  at  sea. — They  march  through 
the  forest. — Do  GrafTenricd's  Swiss. — New  Bern  founded. — 
Hyde  arrives  in  Virginia. —  Invited  to  Carolina. -Glover's  influence. — 
The  Quakers  excluded. — His  authority  denied. — The  new  Assembly. 


CONTENTS  xi 


— Hyde  succeeds. — The  Cary  administration  declared  a  usurpation. 
— Partisan  legislation. — Hyde  embodies  men. — Cary  prepared. — 
Roach  aids  Cary. — The  people  divide. — Governor  Spot^wood  seeks  to 
mediate. — His  agent  threatens  Cary. — Cary  prepares  to  engage,  but 
fails. — Hyde's  moderation. — Cary  and  Porter  sent  to  England.      .     169 


CHAPTER  XV 
The  Tuscarora  War 

The  Indians  disquieted. — Lawson's  activities. — Law  son  executed. 
— The  cause  of  the  Indian  war. — The  massacre. — Preparations  for 
defence. — Active  war. — Gale's  mission  successful. — Barnwell  acts 
vigorously. — War  measures. — Barnwell  makes  a  truce. — Barnwell's 
Indians  return  to  South  Carolina. — Hostilities  renewed. — The  death 
of  Hyde. — Pollock's  truce  with  King  Blount. — James  Moore  arrives. 
— He  takes  Fort  Nohoroco. — Many  Tuscaroras  depart  for  New  York. 
— Major  Maurice  Moore  arrives. — Effects  on  the  settlers. — Harmony 
in  the  colony. — Governor  Eden. — South  Carolina  imperilled. — Aid 
sent. — The  Cores  renew  hostilities 179 


CHAPTER  XVI 

Eden's  Administration,  1714-22 

The  Assembly  of  1715. — The  Church  of  England  established  in 
the  colony. — Other  laws. — The  precincts. — Partisan  disagreements. — 
"Blackbeard"  harbors  in  Pamlico  Sound. — Complicity  of  Knight. — 
Moscley  and  Moore  search  the  records. — Knight  exonerated,  resigns 
and  dies. — Moscley  punished. — Revolution  in  South  Carolina. — The 
dividing  line. — Colonel  Pollock  president. — William  Reed  succeeds 
him. — Edenton. — Carteret   Precinct. — A  blow  at  nepotism.     .      .    196 


CHAPTER  XVII 

Administrations  of  IVrkincton  and  Evkrard,  1724-31 

Governor  Btirrington  explores  the  Cape  Fear. — Opposition  to  him. 
— Burrington  displaced. — Sir  Richard  Everard. — Antagonism  be- 
tween Assembly  and  governor. — Altercations  of  Burrington  and  the 
governor. — The  ministers. — The  settlement  of  the  Cape  Fear. — The 
Assembly  sustains  Burrington. — He  appeals  to  the  Proprietors. — 
Personal  controversies. — The  dividing  line  with  Virginia. — Purchase 
by  the  Crown. — Carteret  retains  his  share. — Everard  breaks  with 
Gale. — The  lords  of  trade. — The  currency  act. — The  end  of  the 
Proprietary-  government.— Conditions  in  North  Carolina. — No  public 
*chooN. —  Few  ministers. — The  Baptists. — Industries. — Population. — 
Social   conditions 208 


xii  CONTENTS 


FOURTH    EPOCH— 1729-65 
NORTH  CAROLINA  AS  A  ROYAL  PROVINCE 

CHAPTER  XVIII 

Burrington's  Second  Administration,  1731-34 

The  Board  of  Trade. — The  seal. — Everard's  enemies. — Burrington 
appointed  governor. — The  province  during  the  interim. — Burrington 
arrives. — Opposition  to  the  royal  instructions. — The  first  royal 
Assembly. — Matters  of  controversy. — Currency  act  declared  void. — 
The  quit  rents. — Fees  of  officers. — The  Assembly  affronted. — The 
basis  of  political  action. — Burrington's  instructions. — He  dispenses 
with  the  Assembly. — Appoints  new  councillors. — Schoolmasters. — 
The  general  court. — The  governor  erects  new  precincts. — His 
action  disregarded. — New  conflicts. — Burrington's  arbitrary  conduct. 
— He  is  removed. — The  second  Assembly. — Chief  Justice  Little 
arraigned. — The  governor  addresses  the  house. — The  third 
Assembly. — Burrington  attempts  to  vindicate  himself. — He  rules 
without  council  or  Assembly. — The  difficulties  of  the  situation. — 
Altered  patents. — His  opinion  of  the  people. — Controversial  docu- 
ments.— His  progressive  action. — Dividing  line  between  the  Caro- 
linas. — Landgrave  Smith's  grant. — Questions  settled  and  unsettled. — 
The  province  grows. — Religious  conditions. — The  last  Assembly  to 
meet  Burrington. — No  act  passed  during  his  administration.     .  224 

CHAPTER  XIX 

Johnston's  Administration,   1734-52 

Governor  Johnston  arrives. — Burrington's  enemies  in  the  ascend- 
ant.— Johnston  cordially  received. — The  Assembly  and  the  governor. 
— Disagreements. — Wilmington  incorporated. — Immigrants. — McCul- 
loh's  grants. — Swiss,  Irish  and  Scotch. — The  South  Carolina 
dividing  line. — Clashing  between  the  governor  and  the  people. — The 
new  Assembly. — The  governor  appeals  for  instructions. — Precincts 
converted  into  counties. — The  compromise. — Progress  in  the  colony. 
— The  chief  justice  impeached. — He  dies. — Edward  Moseley  chief 
justice. — The  Spanish  War. — Expedition  to  Cartagena. — The  decision 
of  the  Board  of  Trade. — The  quit  rents. — Body  of  laws. — Blank 
patents. — The  currency. — Governor's  salary  unpaid. — Matters  in  dis- 
pute settled. — Granville,  Johnston,  and  Duplin  counties. — The  Scotch 
migration. — Anson  County. — Granville's  territory. — The  unarmed  re- 
bellion.— The  two  repudiated  acts. — The  Assembly  of  1747. — Northern 
counties  not  represented. — They  refuse  obedience. — Spanish  invasion.  - 
— Beaufort  and  Brunswick  attacked. — New  currency  act. — Efforts  to 
displace  Johnston. — Local  differences. — First  printing  press. — Yellow 
Jacket. — The  Palatines. — 'Wreck  of  Spanish  fleet.— -The  contest  be- 
tween the  new  and  the  old  counties. — The  cessation  of  courts  in 
Albemarle. — The  end  of  Johnston's  administration. — Two  treasurers. 


CONTENTS  xiii 


—Growth   at   the   west.— The  Germans  and    Scotch-Irish. — Orange 
County.— Explorations  by  Spangenberg 247 


CHAPTER  XX 

Dobbs's  Administration,  1754-65 

Dobbs's  visit  to  Point  Lookout. — President  Rowan. — County  of 
Rowan. — Old  style  abolished. — The  French  claim. — Christopher  Gist. 
— The  French  invasion. — Innes's  regiment. — Innes  commander-in- 
chief. — Decision  of  vexed  questions. — Dobbs  appointed  governor. — 
Instructions  to  Governor  Dobbs. — The  constitution  reformed. — 
Dobbs  reaches  New  Bern. — The  growth,  of  the  province.— The  Indian 
inhabitants. — The  Croatans. — The  old  counties  elect  their  five  mem- 
bers.— The  new  Assembly. — Tower  Hill. — The  French  and  Indian 
War. — The  frontier  settlements. — Fort  Dobbs. — The  first  news- 
paper.— North  Carolina  troops  in  the  war. — Major  Hugh  Waddell. 
— Fort  Duquesne  taken. — McCulloh's  grant. — Internal  matters. — 
Dobbs  County. — The  governor  arbitrary. — The  king's  bounty. — 
Causes  of  difference. — The  house  outwitted. — The  Enfield  riots. — 
The  Assembly  protests. — The  governor  not  sustained. — The  court  law 
annulled. — No  courts  held. — A  new  Assembly. — The  Assembly  reso- 
lute.— The  secret  session. — The  governor  makes  terms. — Courts  re- 
established.— The  Cherokee  war. — The  western  counties  desolated. — 
Fort  Dobbs  attacked. — Bethabara  threatened. — Walnut  Cove  sur- 
rounded.— Conditions  more  peaceful. — King  George  III. — Some 
differences  reconciled. — At  the  end  of  the  war. — The  council  declares 
its  patriotism. — Population. — The  Indians. — Abortive  efforts  for  free 
schools. — The  courts. — Religious  conditions. — Republicanism  rife. — 
British  views  with  reference  to  America. — The  right  to  tax  claimed. 
— The  Assembly  of  1764. — The  Weekly  Post  Boy  at  Wilmington. — 
Tryon  appointed  to  relieve  Dobbs.— The  public  agitated. — The  firm 
stand  of  the  Assembly. — Claims  exclusive  privilege  of  imposing 
taxes. — The    Assembly   concurs    with    Massachusetts.     .     .     .     280 


FIFTH    EPOCH— 1765-75 

CONTROVERSIES  WITH  THE  MOTHER 
COUNTRY 


CHAPTER  XXI 
Tryon's  Administration,   1765-71:    The  Stamp  Act 

Governor  Tryon's  administration. — Unrest  in  Mecklenburg. — 
The  cause  of  complaint  in  Orange. — The  Assembly  of  May,  1765, 
— The  vestry  act. — The  stamp  act  passed. — Desire  for  inde- 
pendence imputed  to  the  colonists. — Popular  ferment. — Speaker 
Ashe  declares  the  people  will  resist  to  blood. — The  Assembly  pro- 
rogued.— Patrick  Henry  in  Virginia. — Barre's  speech  in  Parliament. 


xiv  CONTENTS 


— Sons  of  Liberty. — An  American  congress  called. — Dr.  Houston 
stamp-master. — North  Carolina  not  represented. — Famine  and  dis- 
ease in  the  province. — The  people  set  up  looms. — Action  at  Wilming- 
ton.— Liberty  not  dead. — Dr.  Houston  resigns. — Governor  Tryon 
feels  the  people. — Deprecates  independence. — The  reply.— Desire  for 
independence  disclaimed. — The  act  not  observed. — Non-importation. 
— The  people  united. — Conditions  in  England. — British  merchants 
and  manufacturers  clamor  for  repeal. — Pitt. — Camden. — Conditions 
in  America. — No  business  transacted. — The  West  settled. — In  Gran- 
ville's territory. — Judge  Berry  commits  suicide. — The  rising  on  the 
Cape  Fear. — The  people  form  an  association. — They  choose  directors. 
— Fort  Johnston  seized. — Tryon's  house  invaded. — The  act  annulled. 
— Business  resumed. — The  Assembly  prorogued. — The  stamps  stored. 
— The  act  repealed. — London  rejoices. — America  grateful. — Mayor 
DeRosset's  manly  sentiments. — Judge  Moore  suspended.    .     .     .  310 


CHAPTER  XXII 

Tryon's  Administration,   1765-71 :    The  Regulation 

Murmurs  from  the  west. — The  governor's  proclamation. — The 
reform  movement. — The  general  polity  of  the  province. — Tryon's 
action. — Purpose  of  the  reformers. — Removal  of  the  Tuscaroras. — 
The  Assembly  meets. — November,  1766. — The  burden  too  heavy  to 
bear. — The  address  to  the  king. — The  southern  treasurer. — No 
provincial  agent. — The  governor's  palace. — The  seat  of  government. 
— Presbyterian  ministers  to  perform  marriage  ceremony. — The 
Cherokee  line. — The  Watauga  settlement. — The  need  of  currency. — 
New  legislation. — The  speakers  to  be  gowned. — Tryon  joins  in  ask- 
ing for  currency. — New  custom  duties  proposed. — The  Assembly 
prorogued. — The  Regulators  associate. — The  meetings. — Oath-bound. 
— Hillsboro  raided. — Consternation  of  the  officers. — Rev.  George 
Micklejohn  the  peacemaker. — The  governor  advises  an  appeal  to 
the  Assembly. — Fanning  seizes  Hu>band. — The  people  aroused. — A 
petition  to  the  Assembly. — Presented  to  the  governor. — His  reply. 
— He  reaches  Hillsboro. — Sends  Harris  to  collect  taxes. — Harris  s 
report. — Hillsboro  threatened. — Disturbing  rumors. — The  agreement. 
— The  voice  of  Anson. — Trouble  in  Johnston. — The  governor's  de- 
mands.— The  army  of  1768. — The  Presbyterian  ministers  support  the 
governor. — The  march  to  Hill<boro. — The  Regulators  embody. — 
The  governor's  terms. — The  malcontents  disperse. — The  court  held. 
— Tryon  desires  to  leave. — Regulators'  address. — Resolve  of  Assem- 
bly.— Remedial  legislation  proposed. — Hillsboro  riots. — Riot  act. — 
Alamance. — The  battle. — The  trials  and  executions.       .     .     .     326 


CHAPTER  XXIII 

Social  Life  at  the  Opening  of  the  Revolution 

In  the  homes  of  the  people. — Social  conditions. — The  state 
church. — The  Protestant  dissenters. — The  Baptist  churches. — 
Pioneers  of  Methodism. — Education  and  schools. — Taxation. — The 
lawyers. — The  Quakers  and  the  militia. — Servants  and  slaves.    377 


CONTENTS  xv 


CHAPTER  XXIV 

Martin's  Administration,  1771-75 

Martin's  administration. — The  Regulator  chieftains. — Pardon 
asked. — The  Assembly  meets. — Act  of  oblivion  recommended. — The 
line  between  the  Carol inas. — The  quarrel  with  the  governor. — The 
Assembly  dissolved. — Sarah  Wilson. — Purchase  of  Granville's  terri- 
tory proposed. — Governor  Martin  proposes  reforms. — He  confers 
with  the  Regulators. — The  province  tranquil. — Martin's  view  of  the 
commotion. — The  house  objects  to  the  South  Carolina  line. — Dis- 
agreement of  the  houses  over  James  Hunter. — Fanning's  losses. — 
Changes  at  the  west. — The  court  bill. — The  attachment  clause. — 
The  house  resolute. — It  is  dissolved. — Courts  by  prerogative. — 
Quincy's  visit. — Martin  to  become  Granville's  agent. — Colonial  af- 
fairs.— Committee  of  Correspondence. — The  act  of  oblivion  again 
fails. — The  house  affronts  the  governor. — The  courts  cease. — The 
governor  seeks  conciliation. — Temporary  courts  of  oyer. — The  one 
shilling  tax. — Harvey  urges  a  convention. — Continental  affairs. — Tea 
destroyed  at  Boston. — Parliament  closes  the  port  of  Boston. — The 
McDonalds  come  to  the  Cape  Fear 396 


CHAPTER  XXV 

Martin's  Administration,  1771-75 — Continued 

Organized  resistance. — The  Committee  of  Correspondence. — 
William  Hooper. — The  Wilmington  meeting. — The  cause  of  Boston 
the  cause  of  all. — Parker  Quince. — The  first  convention. — The 
counties  organize. — Governor  Martin's  proclamation. — The  conven- 
tion held. — The  resolution. — Non-importations. — Tea  not  to  be  used. 
— The  revolutionary  government. — Committees  of  Safety. — In- 
structions to  delegates. — Governor  Martin's  attitude. — Goes  to 
New  York. — The  Continental  Congress. — The  revolution  pro- 
presses. — Cornelius  Harnett. — The  Edenton  tea  party. — Governor 
Martin  returns. — The  Transylvania  colony. — The  second  convention 
called. —  Proceedings  on  the  Cape  Fear. — John  Ashe. — Robert  Howe. 
— The  Regulators  disaffected. — The  Highlanders — Enrolled  Loyal- 
ists.— The  Assembly  and  the  Convention. — John  Harvey  presides. — 
The  American  Association  signed. — The  governor's  address. — The 
house  replies  resolutely. — The  Assembly  dissolved. — The  last  appear- 
ance of  Harvey. — North  Carolina  at  court. — Thomas  Barker. — 
Governor  Tryon. — North  Carolina  favored. — The  battle  of  Lexing- 
ton.— Martial  spirit  aroused. — The  governor  questioned  by  Nash. 
— He  is  alarmed. — The  negro  insurrection. — He  seeks  refuge  at 
Fort  Johnston 417 


CHAPTER  XXVI 
The  Mecklenburg  Resolves,  May  31,  1775 

Tin-  Mecklenburg  declaration. — Historical   statement. — Documents 
and  observations. — Conditions  in  May. — Mecklenburg  aroused. — The 


xvi  CONTENTS 


great  meeting  at  Charlotte. — Colonel  Polk  proclaims  the  resolves. — 
Independence  declared. — The  old  government  annulled. — The  leaders 
in  Mecklenburg. — The  effect  elsewhere. — At  Salisbury. — At  New 
Bern. — Bethania. — Reconciliation  still  desired. — Apprehensions. — 
Thomas  Jefferson. — The  Regulators. — The  patriots  in  the  interior. — 
The  clashing  in  Anson. — New  Hanover  acts. — Governor  Martin's 
plans. — McDonald  arrives. — New  Hanover  impatient. — Fort  Johnston 
burned. — The  Revolution  progresses. — Dunn  and  Boote  confined.    437 


CHAPTER  XXVII 

The  Provincial  Council,  1775-76 

The  spirit  of  resistance.— Martin's  proclamation. — The  Congress. 
— The  leaders. — The  conditions. — The  people  divided. — Efforts  to 
gain  the  Regulators. — Proceedings  of  Congress. — Franklin's  confed- 
eration.— Independence  not  the  object. — The  first  battalions. — The 
minute  men. — County  courts. — The  test. — The  money  of  the  Revolu- 
tion.— To  provide  necessaries. — Congress  adjourns. — Enlistment  of 
troops. — The  safety  of  Wilmington. — The  plan  of  subjugation. — 
Arrival  of  Highlanders. — Provincial  council. — Tories  and  Whigs. — 
The  Indians  placated. — The  Scovellites. — The  Snow  campaign. — 
Howe  marches  against  Dunmore. — Norfolk  destroyed. — Armed  ves- 
sels built. — The  ministerial  troops. — In  England 472 


CHAPTER  XXVIII 

The  Provincial  Council,  1775-76 — Continued 

Martin  prepares  to  act. — He  sends  commissions.— -The  rising. — 
The  Western  patriots. — Caswell  marches. — At  Wilmington. — At 
Cross  Creek. — The  Tories  embody. — Moore  at  Rockfish. — McDonald 
marches. — Moore's  Creek. — The  battle. — Death  of  Grady. — The 
spoils. — Trouble  in  Currituck. — The  effects  of  the  victory. — In  Vir- 
ginia.— In  North  Carolina. — Mary  Slocumb's  ride. — Reports  of 
Caswell  and  Moore 496 


SIXTH   EPOCH— 1775-83 
THE  WAR  FOR  INDEPENDENCE 

CHAPTER  XXIX 

The  Provincial  Council,  1775-76 — Continued 

The  Provincial  Congress. — The  spirit  of  independence. — In  the 
Continental  Congress. — At  Halifax. — The  committee.— The  un- 
daunted spirit  to  declare  independence. — The  delegates  instructed. 
— North    Carolina    leads    the    way. — The    captured    Tories. — The 


CONTENTS  xvii 


drums  and  colors. — War  measures. — On  the  water. — The  Tories. — 
Four  new  battalions. — For  defence  of  Cape  Fear. — Militia  drafts. — 
Civil  affairs. — The  members  of  the  congress 513 


CHAPTER  XXX 

The  Council  of  Safety,  1776 

Attempt  to  frame  the  Constitution. — Fundamental  principles. — 
The  problems  involved. — The  temporary  government. — Congress  ad- 
journs.— The  first  invasion. — General  Lee. — Clinton's  disappointment. 
— The  fleet  arrives. — The  ardor  of  the  Whigs. — Clinton  offers  par- 
don.— No  hostile  movement. — The  descent  on  Brunswick. — The 
regiments  land. — The  Meet  sails. — The  Council  of  Safety. — The  at- 
tack on  Fort  Moultrie. — North  Carolina's  gallant  troops. — Affairs  at 
home. — The  Continentals 527 

CHAPTER  XXXI 

Independence 

Independence  declared. — Lee's  resolution. — The  declaration.- - 
The  North  Carolina  deputies. — The  declaration  proclaimed. — The 
address  of  the  council. — Religious  teachings  in  Anson. — James  Hun- 
ter a  patriot. — The  Indians  hostile. — Rutherford  crosses  the  moun- 
tains.— Washington  district  annexed. — The  movement  against  the 
Indians. — Rutherford  successful. — The  Surry  regiment. — Moore's 
expedition. — The  Tories  active. — Salt-making. — The  British  abandon 
Cape  Fear. — A  winter  campaign  threatened 540 


CHAPTER  XXXII 

The  Constitution  of  1776 

Making  the  constitution. — Divergencies. — The  conservatives. — 
The  results  of  the  election. — Johnston  burned  in  effigv. — The  con- 
gress meets. — The  committee  moves  slowly. — Proceedings  in  the 
convention. — Citizenship  established. — The  principles  of  government. 
— Sovereignty  of  the  people. — The  Orange  instructions. — Those  of 
Mecklenburg. — Hooper  urges  the  Delaware  plan. — In  the  committee 
room. — The  draught  reported. — The  bill  of  rights. — The  religious 
te^t. — Thoroughlv  considered. — The  Virginia  constitution. — A  rep- 
resentative republic. — Public  schools. — The  religious  test  adopted. 
— The  instrument  conservative. — A  new  administration  installed.    550 


CHAPTER  XXXITI 

Caswell's  Administration,  t 776-80 

Caswell's  administration. — Military  movements. — Political  power. 
— The  first  Assembly. — Tories  banished. — Sheppard's  regiment. — 
Conditions   within  the   State. — The   task  of  the  patriots. — Johnston 


xviii  CONTENTS 


dissatisfied.  —  Loyalists  depart.  —  Arrival  of  Lafayette.  —  Trade 
through  Ocracoke  inlet. — The  Continental  Line  join  the  Grand  Army. 
— Brandywinc. — Germantown. — Death  of  Nash. — New  battalions.  570 


CHAPTER  XXXIV 

Caswell's  Administration,  1776-80 — Continued 

The  second  session  of  the  Assembly. — Articles  of  confederation. — 
Valley  Forge. — Supplies  from  North  Carolina. — The  North  Carolina 
line  destitute. — Feeling  in  England. — Treaty  with  France. — The  sec- 
ond Assembly. — Dr.  Burke  in  congress. — The  battalions  consoli- 
dated.— Nine  months'  Continentals. — Defection  prevalent. — The 
North  Carolina  brigade. — The  judges  appeal  to  the  people. — At  the 
adjourned  session. — For  the  southern  campaign. — Importations  con- 
tinued.— The  fall  of  Savannah. — Militia  for  the  South. — Ashe  sur- 
prised at  Briar  Creek. — Boyd's  defeat. — Light  horse  at  the  North. 
— Sumner  and  Hogun  brigadiers. — The  hardships  of  the  officers. — 
Prices  and  taxes. — Internal  perils. — Movements  of  troops. — Battle 
of  Stony  Point. — The  second  Assembly. — Efforts  to  increase  the 
Continental  force. — Tory  movements. — Battle  of  Stono. — Davie 
wounded. — Battle  at   Savannah. — Hogun  ordered   South.     .     .     584 


CHAPTER  XXXV 

Nash's  Administration,  1780-81 

The  confiscation  act. — Lillington's  brigade. — The  fall  of  Charles- 
ton.— The  prisoners  suffer. — Death  of  Hogun. — The  delayed  re-en- 
forcements.— Tarlcton's  quarters. — Invasion  apprehended. — Caswell 
major-general. — De  Kalb's  re-enforcements  arrive. — Gates  to  com- 
mand.— Activity  of  Rutherford. — Ramseur's  Mill. — Rutherford  pur- 
sues Bryan. — Plans  of  Cornwallis. — De  Kalb  encamps  on  Deep 
River. — Davie's  enterprise. — Gates  advances. — Battle  of  Camden. — 
Death  of  De  Kalb. — Gallantry  of  Gregory  and  Dixon. — Gates's  ride. 
— The  disaster. — At  Charlotte. — Sumter's  negligence. — Davie  in  ad- 
vance.— The  spirit  of  the  people. — New  supplies. — Preparations  for 
defence. — The  Assembly  acts. — The  Board  of  War. — Smallwood 
supersedes  Caswell 607 


CHAPTER  XXXVI 

Nash's  Administration,  1780-81 — Continued 

Cornwallis  moves  to  Charlotte. — Davie's  gallant  defence. — The 
activity  of  the  Mccklenburgers. — Governor  Martin's  proclamation. — 
Movement  on  Augusta. — Ferguson  marches  westward. — The  fron- 
tiersmen assemble. — Battle  of  King's  Mountain. — Death  of  Chronicle. 
— The  victory  gives  great  joy. — Its  effects. — Cornwallis  retires. — His 
gloomy  outlook. — Leslie  in  Virginia. — Moves  to  Camden. — Gates 
moves  forward. — Cornwallis's  disappointment. — Arrival  of  Greene. — 
His  activity. — His  forward  movement. — The  new  year. — The  Coun- 


CONTENTS  xix 


cil  Extraordinary. — Caswell  reinstated. — Four  new  continental  bat- 
talions.— No  party  divisions. — During  Caswell's  administration. — 
Nash's  administration. — Dr.  Burke's  zeal  to  correct  abuses. — Sam 
Johnston  declines  the  presidency  of  congress 629 


CHAPTER  XXXVI I 

Nash's  Administration,  1780-81 — Continued 

The  battle  of  Cowpens. — Cornwallis  pursues  Morgan. — The  death 
of  Davidson. — Invasion  of  the  State. — Greene  crosses  the  Dan. — 
The  endurance  of  the  troops. — Cornwallis  at  Hillsboro. — On  the 
Cape  Fear. — The  movements  of  the  armies. — Pyle's  massacre. — 
Greene  at  Troublesome  Creek. — Battle  of  Guilford  Court  House. 
— Cornwallis  moves  east  and  Greene  pursues. — Cornwallis  reaches 
Wilmington,  Greene  goes  to  South  Carolina. — Craig  occupies  Wil- 
mington.— Death  of  Harnett. — Cornwallis's  plans. — Cornwallis 
marches  to  Virginia. — The  inhabitants  distressed. — At  Edenton. — 
The  Whigs  rally.— Greene  in  South  Carolina. — Death  of  Major 
Eaton. — Cartel  of  exchange  agreed  on. — Atrocities  lead  to  threats 
of  retaliation. — Gregory  defends  the  Albemarle  region.     .     .     .  648 

CHAPTER  XXXVIII 

Burke's  Administration,  1781-82 

Conditions  in  North  Carolina. — Major  Craig  at  Wilmington. — 
The  Assembly  meets. — Burke  governor. — Action  of  Assembly. — 
Governor  Burke's  zeal. — Fanning  embodies  the  Tories. — Pittsboro 
taken. — Conditions  in  Bladen. — Wade's  victory. — Cornwallis's  plans. 
— South  Quay  captured. — New  continental  battalions. — Craig  in- 
vades the  eastern  counties. — Lillington  forbidden  to  fight. — New 
Bern  taken. — Tory  atrocities. — Battle  of  Elizabcthtown. — Governor 
Burke's  plans. — Fanning  defeats  Wade. — The  governor  captured. — 
The  battle  of  Cane  Creek. — Butler  surprised  at  Brown  Marsh. — The 
battle  of  Eutaw  Springs. — The  gallantry  of  the  North  Carolinians.    675 

CHAPTER  XXXIX 

Martin's  Administration,  1781-83 

Rutherford  marches  to  Wilmington. — Cornwallis  surrenders. — 
Wilmington  evacuated. — Rutherford  disbands  his  army. — Fanning 
not  suppressed. — The  Assembly  at  Salem. — The  Tories  active. — Gov- 
ernor Martin's  action. — The  return  of  Burke. — He  assumes  the  ad- 
ministration.— Fanning' s  brutality. — Progress  of  cvcnts.-^Burke 
socks  a  re-election. — Alexander  Martin  chosen. — New  legislation. — 
The  Moravians. — Depreciation  of  the  currency. — The  Continental 
Line. — Indian  hostilities  renewed. — Leslie  remains  at  Charleston. — 
The  deplorable  condition  of  the  army. — Charleston  evacuated. — The 
number  of  troops  furnished  by  North  Carolina. — The  capture  of 
Lord  Montague. — The  condition  in  1783. — Governor  Martin's  ad- 
dress.— The    sovereign    State 699 


MAPS  AND  ILLUSTRATIONS,  VOL.  I 

First  map  of  the  North  Carolina  Coast 3 

From  DeBry's  engraving  from  John  White's  drawing,  now 

preserved  in  the  British  Museum. 
The  Lost  Colony 43 

Redrawn  from   an  original   Indian  map   first  published   in 

Brown's  "Genesis  of  the  United  States." 
A  New  Map  of  Carolina,  by  Philip  Lea  (1695) 145 

From  the  "Charleston  Year  Book  for  1883/'  from  an  original 

in  the  library  of  Captain  William  A.  Courtenay. 
Lawson's  map  of   North   Carolina 169 

Reduced  and  redrawn  from  the  original  in  Lawson's  "New 

Voyage  to  Carolina,"  London,  1709. 
Map   showing   the   Evolution    of    Settlement   and   Location    of 

Races 377 

Drawn  by  Samuel  A.  Ashe  and  Stephen  B.  Weeks. 
Theatre  of  Operations  in  the  Southern  Campaign,  1780-83     .     .  619 

Reprinted  by  special  permission  from  "General  Greene,"  by 

Francis  Vinton  Greene,  copyright  1893,  by  D.  Appleton  and 

Company. 
Map  of  North  Carolina  in  1783,  showing  the  Evolution  of  the 
Counties,    Revolutionary   Battlefields,   and   Lord   Gran- 
ville's Line,  1743-76 725 

Drawn  by  Samuel   A.  Ashe  and  Stephen  B.   Weeks. 


Captain  Samuel  A'Court  Ashe Frontispiece 

From  the  Williams  engraving  from  a  photo  published  by 
Van  Noppen  in  the  "Biographical  History  of  North 
Carolina." 

Sir    Walter    Raleigh I 

From  Knight's  "Gallery  of  Portraits"  (1836),  from  engrav- 
ing by  Posselvvhite  after  a  portrait  in  the  Collection  of  the 
Duchess  of  Dorset. 

Indian   Village 27 

From  DeBry's  engraving  from  White's  original  painting 
now  in  the  British  Museum. 

Cooking  Fish,  Indian  Method 34 

From  DeBry's  engraving  from  White's  original  painting 
now  in  the  British  Museum. 

Great  Seal  of  the  Lords  Proprietors  of  Carolina 51 

From  the  copy  published  by  Capt.  William  A.  Courtenay 
in  the  "Charleston  Year  Book  for  1883"  from  the  original 
in  the  British  Public  Record  Office. 


xxii  MAPS  AND  ILLUSTRATIONS 

Great   Seal  of   the  Colony  of  Albemarle 88 

From  an  original  found  in  the  court  house  in  Edenton,  now 
preserved  in  the  Hall  of  History  in  Raleigh. 

Philip  Ludwell,  first  governor  of  North  Carolina,  1689     .     .     .   192 
From  an  original  portrait  now  in  the  possession  of  his  de- 
scendant, Mrs.  Bennehan  Cameron. 

Christopher   Gale,    Chief  Justice 192 

From  the  engraving  by  E.  Witzler  from  the  original. 

Book-plate  and  Autograph  of  Edward  Moseley 192 

From  the  originals  in  the  Weeks  Collection  of  Caroliniana. 

Bath  Church,  Beaufort  County,  built  1734 192 

From  a  recent  photograph. 

Title  Page  of  the  First  Printed  Revisal  of  the  North  Carolina 

Laws 273 

From  the  oldest  known  copy  of  the  first  book  printed  by  the 
first  printer  on  the  first  press  in  North  Carolina;  from  the 
original  in  the  Weeks  Collection. 

Arthur   Dobbs,  governor   of   North   Carolina,    1754-65     .     .     .  284 
From  a  mezzotint  in  the  Weeks  Collection  by   MacArdell, 
from  the  portrait  by  William  Hoare. 

Hugh  Waddell,  officer  in  the  old  French  War  and  General  in 

the  Regulation .  284 

From  an  etching  by  Albert  Rosenthal  from  an  original 
miniature  painted  by  Gainsborough,  now  owned  by  Col. 
A.  M.  Waddell,  Wilmington,  N.  C. 

St.    Paul's    Church,    Edenton,    built   about    1735 284 

From  a  recent  photograph. 

The  Court  House,  Edenton,  built  about  1750 284 

From  a  recent  photograph. 

The  North  Carolina  Gazette,  printed  by  James  Davis,  New  Bern, 

October    18,    1759 291 

A  facsimile  reproduction,  exact  size,  of  the  oldest  known 
issue  of  the  first  newspaper  printed  in  North  Carolina ;  from 
the  original  in  the  American  Antiquarian  Society  Library, 
Worcester.  Mass. 

Edmund  Fanning,  prominent  in  the  Regulation  troubles     .     .  326 
From  an  etching  by  Albert  Rosenthal. 

Monument  to  the  Regulators,   located   on   the   Battlefield   near 

Burlington,   N.   C 326 

From  a  photograph. 

North   Carolina  Currency,  4</.,  under  the  act  of  April  4,   1748  326 
From  an  original  in  the  Hall  of  History,  Raleigh. 

North  Carolina  Currency,  $12^,  under  act  of  April  2,  1776     .  326 
From  an  original  in  the  Weeks  Collection. 

Governor's  Palace,  New  Bern;  built  1767-70:  first  occupied  June, 

1770        33* 

From  an  old  print. 

William  Hooper,  signer  of  the  Declaration  of  Independence     .  540 
From  the  engraving  by  Williams,  published  by  Van  Noppcn 
in   the   "Biographical   History  of   North   Carolina"   after   a 
copy  by  Lambdin  of  the  original  by  Trumbull.    The  Lamb- 
din  copy  is  in  Independence  Hall. 


MAPS  AND  ILLUSTRATIONS  xxiii 

Joseph  Hewes,  signer  of  the  Declaration  of  Independence     .     .  540 
From  the  drawing  by  J.  B.  Longacre  from  an  original  por- 
trait published  in  Sanderson's  "Lives  of  the  Signers." 

John  Penn,  signer  of  the  Declaration  of  Independence     .     .     .  540 
From  the  engraving  by  H.  B.  Hall  from  a  drawing  in  the 
collection  of  Dr.  Thomas  Addis  Emmett,  now  in  New  York 
Public  Library. 

Samuel  Johnston,  president  of  the  Halifax  Congress  of  April, 

1776 540 

From  an  original  portrait  by  James  Peele,  owned  by  the 
State  of  North  Carolina. 

Robert  Howe,   major-general   in   the  Revolutionary  War     .     .  571 
From  a  half-tone  in  Davis's  "History  of  the  Cincinnati  in 
North  Carolina,"  from  a  very  old  and  faded  picture  found  in 
New    York   by    Mr.    Marshall    De   Lancey    Haywood    and 
marked  "Gen.   Howe,   American." 

Maurice  Moore,  Colonial  lawyer,  politician  and  judge     .     .     .  571 
From  the  Rosenthal  etching  from  an  original  miniature  in 
the  Hall  of  History. 

Abner   Nash,   Governor,    1780-81 571 

From  the  Rosenthal  etching  from  an  original  in  the  Hall 
of  History. 

Alexander  Martin,  Governor  of  North  Carolina,   1781-85     .     .  571 
From  the  Rosenthal  etching  from  a  portrait  in  oil  owned  by 
the  estate  of  the  late  Colonel  James  Martin  of  Winston- 
Salem,  N.  C. 

General   Joseph   Graham,    Revolutionary   patriot 629 

From  a  copy  of  an  oil  painting  from  life  by  Sully,  the  copy 
now  owned  by  Hon.  A.  W.  Graham,  Oxford,  N.  C. 

Colonel  William  Polk,  Revolutionary  patriot 629 

From  an  engraving  on  steel  by  William  Sartain,  published 
in  Polk's  "Leonidas  Polk." 

Colonel    Joseph    McDowell,    Quaker    Meadows,    Revolutionary 

patriot         629 

From  an  engraving  by  Hollycr,  published  in  Draper's 
"King's    Mountain." 

Colonel  Joseph   Winston,   Revolutionary   patriot 629 

From  an  etching  on  copper  by  J.  R.  Stuart,  from  an  original 
etching  in  gold  on  glass,  published  in  Draper's  "King's 
Mountain." 

Horatio  Gates,  American  officer  defeated  at  Camden     ....  648 
From  a   mezzotint   in   the    Weeks   Collection,   published   by 
John  Morris,  London,  1778. 

Charles,  First  Marquis  Cornwallis,  victor  at  Camden     ....  648 
From  the  engraving  by  lloll  after  the  painting  by  Hoppner 
which    appears    in    his    "Correspondence,"    edited    by    Ross, 
London,  1859. 

Bana<tre  Tarlcton,  British  ofliccr  defeated  at  Cowpens  .  .  .  648 
From  an  etching  by  Max  Rosenthal  from  a  print  by  Blackberd 
in  the  Collection  of  Charles  R.  Jiildeburn. 

Daniel    Morgan,  victor   at   Cowpens 648 

From  the  engraving  by  Prud'homme  after  Herring's  draw- 
ing  from  Trumbull's  sketch. 


xxiv  MAPS  AND  ILLUSTRATIONS 

Natbanael  Greene.  Major-General  in  the  American  army,  victor 

at  Guilford  C  H 658 

From  the  portrait   engraved  by  Naegle   and   published   in 
Caldwell's  "Greene,"  Philadelphia.  1819. 

Battlefield  of  Guilford  Court  House,  March  15,  1781     .     .     .     .  658 
From  a  photograph  of  the  field  as  it  now  appears,  showing 
memorial  arch  to  Davidson  and  monument  to  Pcnn  in  fore- 
ground and  memorial  arch  to  Nash  in  background — looking 
east  toward  the  American  position. 


*»nfc 


Sir  Walter  Raleigh 


HISTORY  OF  NORTH  CAROLINA 

THE  FIRST  EPOCH— 1584-91 
RALEIGH'S  EXPLORATIONS  AND  COLONIES 


CHAPTER  I 
Contemporaneous  Documents 

Extracts  from  contemporaneous  writings  relative  to  the  discovery 
of  Virginia. — Explorations. — Localities. — Attempted  settlements  at 
Roanoke,  and  the  fate  of  the  Lost  Colony. — The  Croatans. 

[Richard   Hakluyt,    a   lecturer    on    geography    at    Oxford,    began  1584 

about  the  year  1580  to  devote  himself  particularly  to  a  <tudy  of  the  "*""* 

geography  of  America,  collecting  all  manuscript  accounts  of  voyages 
to  that  unknown  country,  translating  and  publishing  them.  In  1598 
he  gave  to  the  world  his  greatest  work,  "The  Principal  Navigations, 
Voyages,  Traffiques  and  Discoveries  of  the  English  Nation"  (London, 
15^8-1600,  three  volumes).  In  the  third  volume  of  this  valuable 
collection  are  found  the  reports  and  narratives  of  those  concerned  in 
Sir  Walter  Raleigh's  explorations  and  colonies  in  Virginia.  The 
author  has  made  such  extracts  from  them  as  are  of  particular  interest 
in  connection  with  this  work.] 

THE  FIRST  VOYAGE 
Made  to  the  Coasts  of  America,  with  Two  Barks,  Wherein  Were 

Captains 

M.  PHILIP  AMADAS 

and 

M.   ARTHUR   BARLOW, 

Who  Discovered   Part  of  the  Country  now  Called 

VIRGINIA, 

Anno  1584. 

Written   by   One   of   the    Said    Captains   and    Sent    to    Sir    Walter 

Ralegh.  Knight,  at  Whose  Charge  and  Direction  the 

Said  Voyage  Was  Set  Forth. 


2  CONTEMPORANEOUS  DOCUMENTS 

'584  [This  account  was  written  by  Barlow,  and  as  it  is  addressed  to 

""*""  Sir  Walter  Raleigh,  its  preparation  was  completed  after  Raleigh  was 

knighted,  which  was  subsequent  to  the  return  of  the  expedition.] 


Extracts 


Barlow's 
Narrative, 
Halcluyt, 
HI,30i 


See  alsoa 
Goldsmid's 
edition  of 
Hakluyt, 
Early 
English 
Voyages, 
II,  169 
it  stq. 


The  27th  day  of  April  in  the  Year  of  our  Redemption  1584, 
we  departed  from  the  west  coast  of  England  with  two  barks  well 
furnished  with  men  and  victuals. 

The  second  of  July  we  found  shoal  water  .  .  .  and  keeping  good 
watch  and  bearing  but  slack  sail,  the  fourth  of  the  same  month 
we  arrived  upon  the  coast,  which  we  supposed  to  be  a  continent 
and  firm  land,  and  we  sailed  along  the  same  a  hundred  and  twenty 
English  miles  before  we  could  find  any  entrance  or  river  issuing 
into  the  Sea. 

The  first  that  appeared  to  us  we  entered,  though  not  without 
some  difficulty,  and  cast  anchor  about  three  harquebus-shot  within 
the  haven's  mouth,  on  the  left  hand  of  the  same;  and  after  thanks 
given  to  God  for  our  safe  arrival  thither,  we  manned  our  boats 
and  went  to  view  the  land  next  adjoining  and  to  take  possession 
of  the  same,  in  the  right  of  the  Queen's  most  excellent  Majesty,  as 
rightful  Queen  and  Princess  of  the  same,  and  after  delivered  the 
same  over  to  your  use  according  to  her  Majesty's  grant  and  letters 
patent  under  Her  Highness'  great  seal.  Which  being  performed 
according  to  the  ceremonies  used  in  such  enterprises,  we  first  landed, 
very  sandy  and  low  towards  the  water  side,  but  full  of  grapes,"  etc 
We  passed  from  the  seaside  towards  the  tops  of  those  hills  next 
adjoining,  but  being  of  mean  height,  and  from  thence  we  beheld 
the  sea  on  both  sides  to  the  North  and  to  the  South,  finding  no  end 
any  of  both  ways.  This  land  lay  stretching  itself  to  the  West, 
which  after  we  found  to  be  but  an  island  twenty  miles  long  and 
not  above  six  miles  broad. 

We  remained  by  the  side  of  this  island  two  whole  days  before 
we  saw  any  people  of  the  country :  the  third  day  we  espied  one 
small  boat  rowing  towards  us,  having  in  it  three  persons.  This 
boat  came  to  the  island  side,  four  harquebus-shot  from  our  ships : 
and  there  two  of  the  people  remaining,  the  third  came  along  the 
shore  side  towards  us,  and  we  being  then  all  within  board,  he  walked 
up  and  down  the  point  of  the  land  next  to  us.  .  .  .  They  are  of 
colour  yellowish,  and  their  hair  black  for  the  most  part:  and  yet 
we  saw  children  that  had  very  fine  auburn  and  chestnut  coloured 
hair. 

The  next  day  there  came  unto  us  divers  boats,  and  in  one  of 
them  the  King's  brother  accompanied  by  forty  or  fifty  men.   .    .    . 


...*• 


First  Mai 
(From  th< 


tOU«A 


VOYAGE  OF  AM/WAS  AND  BARLOW  3 

His  name  was  Granganimeo,  and  the  King  is  called  Wingina,  the  ^sJU 

country  Wingandacoa. 

After  they  had  been  divers  times  aboard  the  ships,  myself  and 
seven  more  went  twenty  miles  into  the  river  that  runs  towards 
the  city  Skicoak,  which  river  they  call  Occam;  and  the  following 
evening  we  came  to  an  island  which  they  call  Roanoak,  distant 
from  the  harbor  by  which  we  entered  seven  leagues:*  and  at  the 
north  end  thereof,  there  was  a  village  of  nine  houses  built  of 
cedar  and  fortified  round  about  with  sharp  trees  to  keep  out  their 
enemies,  and  the  entrance  into  it  made  like  a  turnpike;  when  we 
came  towards  it,  standing  near  into  the  water's  side,  the  wife  of 
Granganimeo,  the  King's  brother,  came  running  to  meet  us  very 
cheerfully  and  friendly.  .  .  . 

Beyond  this  island  is  the  mainland ;  and  over  against  this  island, 
falls  into  this  spacious  water,  the  great  river  called  Occam  by  the 
inhabitants,  on  which  stands  a  town  called  Pomeiock,  and  six  days' 
journey  from  the  same  is  situated  their  greatest  city  called  Skicoak. 

Into  this  river  falls  another  great  river,  called  Cipo.  .  .  .  Like- 
wise there  descendeth  into  this  Occam,  another  river  called  Nomo- 
pana ;  on  the  same  side  thereof  stands  a  great  town  called  Choanook, 
and  the  lord  of  that  town  and  country  is  called  Pooneno.  This 
Pooncno  is  not  subject  to  the  King  of  Wingandacoa. 

Beyond  this  country  is  there  another  king  whom  they  call  Mena- 
tonon.  Towards  the  Southwest,  four  days'  journey,  is  situated  a 
town  called  Sequotan.  which  is  the  Southernmost  town  of  Wingan- 
dacoa, near  unto  which  six  and  twenty  years  past  there  was  a 
ship  cast  away,  whereof  some  of  the  people  were  saved,  and  those 
were  white  people,  whom  the  country  people  preserved.  And  after 
ten  days  remaining  in  an  out  island,  uninhabited,  called  Wocokon, 
with  the  help  of  some  of  the  dwellers  of  Sequotan,  fastened  two 
boats  of  the  country  together  and  made  masts  unto  them  and 
sails  of  their  shirts  and  departed.  .  .  .  Adjoining  to  this  country 
aforesaid,  called  Secotan,  begins  a  country  called  Pomouik,  belonging 
to  another  king  whom  they  called  Piamacum;  and  this  king  is  in 
league  with  the  next  king  adjoining  towards  the  setting  of  the  sun, 
and  the  country  Newsiok,  situate  upon  a  river  called  Neus;  and 
these  kings  have  mortal  war  with  Wingina,  King  of  Wingandacoa. 

When  we  first  had  sight  of  this  country,  some  thought  the  first 
land  we  saw  to  be  the  continent,  but  after  we  entered  into  the  haven 
we  saw  before  us  another  mighty  long  sea;  for  there  licth  along 
the  coast  a  tract  of  islands,  two  hundred  miles  in  length,  adjoining 
to  the  sea,  and  between  the  islands,  two  or  three  entrances.  When 
you  entered  between  them  (these  islands  being  very  narrow  for 
♦Twenty-one  miles. 


CONTEMPORANEOUS  DOCUMENTS 


"584  the  most  part,  as  in  most  places  six  miles  broad,  in  some  places,  less ; 

in  few,  more,)  then  there  appeared  another  great  sea,  containing 
in  breadth  in  some  places  forty,  and  in  some  fifty,  in  some  twenty 
over,  before  you  come  unto  the  continent ;  and  in  this  enclosed  sea 
are  above  a  hundred  islands  of  different  bignesses,  whereof  one  is 
sixteen  miles  long.  .    .    . 

[After  remaining  in  this  new  country  about  six  weeks  making 
discoveries,  and  establishing  friendship  with  the  natives,  these  ex- 
plorers, highly  delighted,  set  sail  for  England  accompanied  by  two 
Indians,  Wanchcse  and  Mantco,  and  arrived  at  home  about  the 
middle  of  September.] 


THE  VOYAGE 

made  by 

SIR  RICHARD  GREENVILLE 

for 

SIR  WALTER  RALEGH 

to 

VIRGINIA 

in  the  year  1585 


1585* 

Granville's 

Narrative, 

Hakluyt, 

HI,307 


12  men  at 
Toatoau 


70  days 


Extracts 

The  ninth  day  of  April  1585.  we  departed  from  Plymouth,  our 
fleet  consisting  of  the  number  of  seven  sails;  the  Tiger,  the  Roe- 
buck, etc. 

The  23d  of  June  we  were  in  great  danger  of  a  wreck  on  a  breach 
called  the  Cape  of  Fear.  The  24th  we  came  to  anchor  in  a  harbor; 
the  26th  we  came  to  anchor  at  Wocokon.  The  29th  we  weighed 
anchor  to  bring  the  Tiger  into  harbor,  where  through  the  unskill- 
fullness  of  the  master  whose  name  was  Fernando,  the  Admiral 
struck  on  ground  and  sunk.  The  3d  day  of  July  we  sent  word  of 
our  arrival  at  Wocokon  to  Wingina  at  Roanoak. 

The  6th,  Master  John  Arundall  was  sent  to  the  main  and  Manteo 
with  him;  and  Captain  Autry  and  Captain  Boniton  the  same  day 
were  sent  to  Croatoan,  where  they  found  two  of  our  men  left  there 
with  thirty  others  by  Captain  Raymond  twenty  days  before.  The 
8th  Captain  Autry  and  Captain  Boniton  returned  with  two  of  our 
men,  found  by  them,  to  us  at  Wocokon. 
The   nth   day,   the  General   accompanied  by   clivers  gentlemen  in 


G RENVILLE'S  VOYAGE 


his  tilt  boat;  Master  Lane  with  twenty  others  in  the  new  pinnace;  1585 

Captain  Amadas  with  ten  others  in  a  ship-boat,  and  Francis  Brook 
and  John  White  in  another  ship  boat,  passed  over  the  water  from 
Wocokon  to  the  mainland,  victualled  for  eight  days ;  in  which  voyage 
we  first  discovered  the  towns  Pomeiok,  Aquascogok  and  Secotan; 
and  also  the  great  lake  called  by  the  savages  Paquique. 

On  the  12th,  we  came  to  Pomeiok:  the  13th  we  passed  by  water 
to  Aquascogok:  the  15th  wc  came  to  Secotan:  the  16th  we  returned 
thence,  and  one  of  our  boats  with  the  Admiral  was  sent  to  Aquas- 
cogok to  demand  a  silver  cup,  which  one  of  the  savages  had  stolen 
from  us,  and  not  receiving  it  according  to  his  promise,  we  burned 
and  spoiled  their  corn,  all  the  people  being  fled. 

The  1 8th,  we  returned  from  the  discovery  of  Secotan,  and  the 
same  day  came  aboard  our  fleet  riding  at  Wocokon. 

The  21  st,  our  fleet  anchoring  at  Wocokon,  we  weighed  anchor 
for  Hatorask. 

The  27th,  our  fleet  anchored  at  Hatorask  and  there  we  rested. 

The  29th,  Granganimeo,  brother  to  Wingina,  came  aboard  the 
Admiral  and  Manteo  with  him. 

The  2d  of  August  the  Admiral  was  sent  to  Weapomeiok. 

The  5th  Master  Arundell  was  sent  for  England. 

The  25th  our  General  weighed  anchor  and  set  sail  for  England, 
leaving  one  hundred  and  seven  men  under  the  government  of 
Master  Ralph  Lane. 


AN  ACCOUNT 

Of  The  Particulars  Of  The  Employments  Of 

THE  ENGLISHMEN 

Left  in  Virginia  by 

RICHARD  GRANVILLE, 

Under  the  Charge  of 

MASTER  RALPH  LANE, 

General  of  the  Same ; 

From  the   17th  of  August,   1585,   until  the  18th  of  June,    1586, 

At  Which  Time  They   Departed   the  Country. 

Sent  and  Directed  to 

SIR  WALTER  RALEGH. 


CONTEMPORANEOUS  DOCUMENTS 


*&*  First,  therefore,  touching  the  peculiarities  of  the  country,  you  shall 

understand  that  our  discovery  of  the  same  has  been  extended  from 

I5g5<  Roanoak    (the   same   having   been   the   place  of  our   settlement  or 

Lane's^         inhabitation)    into  the  South,  into  the   North,   into  the   Northwest 

Hakiuyt,        and  into  the  West. 

' 3"  The    uttermost   place   to    the    southward   of   any,    Secotan,    being 

from  estimation  four  score  miles  distant  from  Roanoak.  The  pas- 
sage from  thence  was  through  a  broad  sound  within  the  main,  the 
same  being  without  kenning  land  and  yet  full  of  flats  and  shoals. 

To  the  Northward  our  fartherest  discovery  was  to  the  Chcsipeans, 
distant  from  the  "Roanoak  about  one  hundred  and  thirty  miles;  the 
passage  to  it  was  very  shallow  and  most  dangerous.   .    .    . 

There  be  sundry  Kings  whom  they  call  Weroances,  and  countries 
of  great  fertility,  as  the  Mandoages,  Tripanicks  and  Opossians,  which 
all  came  to  visit  the  Colony  of  the  Engli-h,  which  I  had  for  a  time 
appointed  to  be  residents  there. 

To  the  Northwest,  the  fartherest  place  of  our  discovery,  was  to 
Chawanook.  distant  from  Roanoak  of  about  one  hundred  and  thirty 
miles.  Our  passage  thither  lay  through  a  broad  sound,  but  all  fresh 
water ;  and  the  channel  of  great  depth.  The  towns  about  the  water's 
side,  situated  by  the  way,  are  the  following:  Passaquenoke.  "the 
woman's  town,"  Chepanoc,  Weapomciok,  Muscamunge,  and  Mctack- 
wem.  all  those  being  under  the  jurisdiction  of  the  King  of  Wea- 
pomciok, called  Okisco.  From  Muscamunge,  we  entered  into  the 
river  and  the  jurisdiction  of  Chowanook ;  there  the  river  begins 
to  straighten  until  it  conies  to  Chowanook  and  then  groweth  to  be 
as  narrow  as  the  Thames  between  Westminster  and  Lambeth. 

Between  Muscamunge  and  Chowanook,  upon  the  left  hand  as  we 
pass  thither,  is  a  goodly  highland,  and  there  is  a  town  which  we 
call  the  blind  town,  but  the  Savages  call  it  Ohanoak.  It  has  a 
very  goodly  cornfield  belonging  to  it.  It  is  subject  to  Chowanook. 
Chowanook  itself  is  the  greatest  province  and  seignory  lying  upon 
that  river,  and  the  very  town  itself  is  able  to  put  seven  hundred 
fighting  men  into  the  field,  besides  the  forces  of  the  province  itself. 

i586  The  King  of  the  said  province  is  called  Mcnatonon.     In  March  1586, 

amongst  other  things  he  told  me  that  going  a  three  days'  journey 
in  a  canoe,  and  then  descending  to  the  land,  you  are  within  four 
days'  journey  to  pass  over  land  Northeast  to  a  certain  King's  country 
whose  province  lays  upon  the  Sea.  .  .  .  Very  near  (Chowanook) 
directly  from  the  West  runs  a  most  notable  river,  and  in  all  these 
parts  most  famous,  called  the  river  Moratoc.  This  river  opens 
into  the  broad  sound  of  Weapomciok:  and  whereas  the  river 
Chowanook.  and  ail  the  other  sounds  and  bays,  salt  and  fresh,  show 
no   current   in    the    world    in    calm    weather,    but   are   moved   alto- 


LANE'S  ACCOUNT 


gether  with  the  wind,  this  river  of  Moratoc  has  so  violent  a  current 
from  the  West  and  Southwest,  that  it  made  one  almost  of  opinion 
that  with  oars  it  would  scarcely  be  navigable. 

On  the  8th  day  of  June  came  advertisement  to  me  from  Captain 
Stafford,  lying  at  my  Lord  Admiral's  Island,  that  he  had  discovered 
a  great  fleet  of  three  and  twenty  sails,  but  whether  they  were 
friends  or  foes,  he  could  not  yet  discern.  He  advised  me  to  stand 
upon  as  good  guard  as  I  could.  The  9th  of  the  same  month  he 
himself  came  unto  me,  having  that  night  before  and  that  same 
day  travelled  by  land  twenty  miles.  He  brought  me  a  letter  from 
the  General.  Sir  Francis  Drake.  The  tenth  day  he  arrived  in  the 
road  of  our  bad  harbor ;  and  coming  there  to  anchor  on  the  eleventh 
day,  I  came  to  him. 


1586 


[The  above  account  was  written  by  Lane.  On  the  19th  of  June, 
1586,  the  whole  colony  embarked  in  the  fleet  of  Sir  Francis  Drake 
and  arrived  in  Portsmouth  on  the  27th  of  July.  Among  the  col- 
onists was  Thomas  Hariot,  who  wrote  and  published  an  extended 
account  of  the  natural  productions  of  Virginia,  and  of  the  nature 
and  manners  of  the  people  inhabiting  there.  Philip  Amadas  was 
deputy  governor  and  admiral  of  the  country.  Thomas  Cavendish 
was  also  one  of  the  colonists.  Extracts  from  Drake's  narrative 
fo  low.] 


Drake's  narrative,  1586 

The  9th  of  June,  upon  sight  of  one  special  great  fire  (which  are    f  g6 
very  ordinary  all  along  this  Coast  even  from  the  Cape  of  Florida    Drake's 
hither)   the  General  sent  his  skiff  to  the  shore  where  they  found    H*wk*,v  ' 
some  of  our  English  countrymen,    (that  had  been   sent  thither  the    J}"rth°f 
year  before  by  Sir  Walter  Raleigh)    and  brought  one  aboard,   by    Carolina,  I, 
whose  direction  we  proceeded  along  to  the  place  which  they  make     3Q 
their  port.     But  some  of  our  shipps  being  of  great  draught,  unable 
to  enter,  we  anchored  all  without  the  harbor  in  a  wild  road  at  Sea, 
about  two  miles  from  the  shore.     From  whence  the  General  wrote 
letters  to  Master  Ralph  Lane,  being  Governor  of  those  English  in 
Virginia   and   then  at  his   fort,   about   six   leagues   from   the    road, 
in  an  island  which  they  call  Roanoak :  wherein  especially  he  showed 
how  ready  he    was  to   supply  his  necessities  and   wants   which   he 
understood  of.  by  those  he  had  first  talked  withall. 

The  morrow  after,  Master  Lane  himself  and  some  of  his  Com- 
pany coming  unto  him,  with  the  consent  of  his  Captains,  he  gave 
tlum  the  choice  of  two  offers,  that  is  to  say:  either  he  would  leave 
a  ^hip,  pinnace  and  certain  boats,  with  sufficient  masters  and 
mariners,  together  furnished  with  a  month's  victual,  to  stay  and  make 


8  CONTEMPORANEOUS  DOCUMENTS 

«5«o  further  discovery  of  ilie  country  and   coasts,  and  so  much  victual 

likewise  that  might  be  sufficient  for  the  bringing  of  them  all  (being 
one  hundred  and  three  persons)  into  England,  if  they  thought  good 
after  such  time,  with  any  other  thing  they  would  desire,  or  that 
he  might  be  able  to  spare;  or  else,  if  they  had  made  sufficient 
discovery  already,  and  did  desire  to  return  unto  England,  he  would 
give  them  passage.  But  they,  as  it  seemed,  being  desirous  to  stay, 
accepted  very  thankfully  and  with  great  gladness,  that  which  was 
offered  first.  Whereupon  the  ship  being  appointed  and  received  into 
charge  by  some  of  their  own  company  sent  into  her  by  Master  Lane, 
before  they  had  received  from  the  rest  of  the  fleet  the  provision 
appointed  them,  there  arose  a  great  storm  (which  they  said  was 
extraordinary  and  very  strange)  that  lasted  three  days  together, 
and  put  all  our  fleet  in  great  danger  to  be  driven  from  their  anchor- 
ing upon  the  coast.  For  we  broke  many  cables  and  lost  many 
anchors:  and  some  of  our  ileet  which  had  lost  all  (of  which  num- 
ber was  the  ship  appointed  for  Master  Lane  and  his  Company)  was 
driven  to  put  to  Sea  in  great  danger,  in  avoiding  the  coast  and 
could  never  see  us  again  until  we  met  in  England.  Many  also  of  our 
small  p:nnaces  and  boats  were  lost  in  this  storm.  Notwithstanding 
all  this,  the  Gencrall  offered  them  (with  consent  of  his  Captains) 
another  ship,  with  some  provisions,  although  not  such  a  one  for 
their  turns  as  might  have  been  spared  before,  this  being  unable 
to  be  brought  into  their  harbor. 

Or  else,  if  they  would,  to  give  them  passage  into  England, 
although  he  knew  he  should  perform  it  with  greater  difficulty  than 
he  might  have  done  before. 

[A  few  days  after  their  departure  Sir  Richard  Grcnville  with  his 
relief  ships  arrived,  but  finding  the  colony  gone,  left  fifteen  men  in 
the  fort  to  hold  possession.] 


THE  FOURTH  VOYAGE 

Made  to 

VIRGINIA, 

With  Three  Ships.  In  The  Year 

1587. 

Wherein  was  Transported  the  Second  Colony. 


WHITE'S  NARRATIVE 


Extracts  from  White's  narrative  1587 

[This  is  an  account  of  the  arrival  in  Virginia  of  the  Lost  Colony.] 

In  the  year  of  Our  Lord  1587,  Sir  Walter  Raleigh,  intending  to    1587,  t 
persevere  in  the  planting  of  his  country  of  Virginia,  prepared  a  new    Narrative, 
Colony  of  one  hundred  and  fifty  men  to  be  sent  thither,  under  the    JJakiuyt, 
charge  of  John   White,   whom   he   appointed    Governor,   and   also 
appointed  under  him  twelve  Assistants,  unto  whom  he  gave  a  charter, 
and  incorporated  them  by  the  name  of  Governor  and  Assistants  of 
the  "Citie  of  Raleigh  in  Virginia." 

Our  fleet  being  in  number  three  sails,  namely,  the  Admiral  (the 
Lion),  a  ship  of  one  hundred  and  twenty  tons,  a  fly-boat,  and  a 
pinnace,  departed  the  six  and  twentieth  of  April  from  Portsmouth. 
The  eighth  of  May,  we  weighed  anchor  at  Plymouth  and  departed 
for  Virginia.  The  sixteenth,  Simon  Ferdinando,  Master  of  our 
Admiral,  lewdly  forsook  our  fly-boat,  leaving  her  distressed  in  the 
bay  of  Portugal.  .  .  .  About  the  sixteenth  of  July  we  fell  in  with 
the  main  of  Virginia,  which  Simon  Ferdinando  took  to  be  the  Island 
of  Croatoan,  where  we  came  to  anchor,  and  rode  there  two  or  three 
days;  but  finding  himself  to  be  deceived,  he  weighed  and 
bare  along  the  coast,  where  in  the  night,  had  not  Captain  Stafford* 
been  more  careful  in  looking  out  than  our  Simon  Ferdinando,  we 
had  been  all  cast  away  upon  the  breach,  called  the  Cape  of  Fear; 
for  we  were  come  within  two  cables  length  upon  it;  such  was  the 
carelessness  and  ignorance  of  our  Master.  The  two  and  twentieth 
of  July  we  arrived  safe  at  Hatorask,  where  our  ship  and  pinnace 
anchored ;  the  Governor  went  aboard  the  pinnace,  accompanied  with 
forty  of  his  best  men,  intending  to  pass  up  to  Roanoke  forthwith, 
hoping  there  to  find  those  fifteen  Englishmen,  whom  Richard  Green- 
ville had  left  there  the  year  before,  with  whom  he  meant  to  have 
some  conference  concerning  the  state  of  the  country  and  savages, 
meaning  after  he  had  done  so  to  return  again  to  the  fleet,  and  pass 
along  the  coast  to  the  bay  of  Chesepiok,  where  we  intended  to 
make  our  seat  and  fort,  according  to  the  charge  given  us,  among 
other  directions  in  writing,  under  the  hand  of  Sir  Walter  Raleigh ; 
but  as  soon  as  we  were  put  with  our  pinnace  from  the  ship,  a 
gentleman  by  the  means  of  Ferdinando,  who  was  appointed  to  return 
for  England,  called  to  the  sailors  in  the  pinnace,  charging  them  not 
to  bring  any  of  the  planters  back  again,  but  to  leave  them  in  the 
island,  except  the  Governor  and  two  or  three  others  as  he  approved ; 
«aying  that  the  Summer  was  far  spent,  wherefore  he  would  land 
all  the  planters  in  no  other  place.     Unto  this  were  all  the  sailors 

*In  the  pinnace. 


10 


CONTEMPORANEOUS  DOCUMENTS 


1587 


Manteo 
christened 
Aug.  13, 
1587 

Virginia 
Dare,  born 
August 
18,  1587 


both  in  the  pinnace  and  ship  persuaded  by  the  Master,  wherefore 
it  booted  not  the  Governor  to  contend  with  them,  but  passed  to 
Roanoke,  and  the  same  night  at  sunset  went  aland  on  the  island, 
in  the  place  where  our  fifteen  men  were  left,  but  we  found  none 
of  them  nor  any  sign  that  they  had  been  there,  saving  only  we  found 
the  bones  of  one  of  those  fifteen,  which  the  savages  had  slain  long 
before.  .  .  .  The  same  day  order  was  given  that  every  man  should 
be  employed  for  the  repairing  of  those  houses  which  we  found 
standing,  and  also  to  make  other  new  cottages  for  such  as  should 
need. 

The  25th,  our  fly-boat  and  the  rest  of  our  planters  arrived  all  safe 
at  Hatorask.  to  the  great  joy  and  comfort  of  the  whole  company. 

.  .  .  The  eighth  and  twentieth  George  Howe,  one  of  our  twelve 
Assistants,  was  slain  by  divers  savages,  which  were  come  over  to 
Roanoak,  either  of  purpose  to  espy  our  company,  and  what  number 
we  were,  or  else  to  hunt  deer,  whereof  were  many  in  the  island.  .  .  . 
On  the  thirtieth  of  July,  Master  Stafford  and  twenty  of  our  men 
passed  by  water  to  the  Island  of  Croatoan  with  Manteo,  who  had 
his  mother  and  many  of  his  kindred  dwelling  in  that  island,  of  whom 
we  hoped  to  understand  some  news  of  our  fifteen  men,  but  especially 
to  learn  the  disposition  of  the  people  of  the  country  towards  us,  and 
to  renew  our  old  friendship  with  them.  .  .  .  We  also  understood  of 
the  men  of  Croatoan  that  our  man,  Master  Howe,  was  slain  by  the 
remnant  of  Wingina's  men,  dwelling  then  at  Dasamonquepeuc,  with 
whom  Wanchese  kept  company ;  and  also  we  understood  by  them 
of  Croatoan,  how  that  the  fifteen  Englishmen  left  at  Roanoak  the 
year  before,  by  Sir  Richard  Greenville,  were  suddenly  set  upon  by 
thirty  of  the  men  of  Secota,  Aquoscogoc,  and  Dasamonquepeuc.  .  .  . 
The  13th  of  August,  our  savage  Manteo,  by  the  commandment  of 
Sir  Walter  Raleigh,  was  christened  in  Roanoak.  and  called  Lord 
thereof  and  of  Dasamonquepeuc,  in  reward  of  his  faithful  service. 

The  18th  [of  August]  Eleanor,  daughter  to  the  Governor,  and 
wife  to  Ananias  Dare,  one  of  the  Assistants,  was  delivered  of  a 
daughter  in  Roanoak,  and  the  same  was  christened  there  the  Sunday 
following,  and  because  this  child  was  the  first  Christian  born  in 
Virginia,  she  was  named  Virginia.  By  this  time  our  ships  ha(t 
unladened  the  goods  and  victuals  of  the  planters,  and  began  to  take 
in  wood  and  fresh  water,  and  to  new  caulk  and  trim  them  for 
England ;  the  planters  also  prepared  their  letters  and  tokens  to  send 
back  into  England.  ...  At  this  time  some  controversies  arose 
between  the  Governor  and  Assistants  about  choosing  two  out  of  the 
twelve  Assistants,  which  should  go  back  as  factors  of  the  company 
into  England ;  the  next  day,  the  22d  of  August,  the  whole  company, 
both  of  the  Assistants  and  planters,  came  to  the  Governor,  and  with 


WHITE'S  NARRATIVE 


ii 


one  voice  requested  him  to  return  himself  into  England  for  the  '587 

better  and  sooner  of  obtaining  supplies  and  other  necessaries  for 
them;  but  he  refused  it,  and  alledged  many  sufficient  causes  why 
he  would  not.  .   .   .  Also  he  alledged,  that  seeing  they  intended  to   T 
remove  fifty  miles  further  up  into  the  main  presently,  he  being  then   fifty  miles 
absent,  his  stuff  and  goods  might  be  both  spoiled,  and  most  of  them   iHterior 
pilfered  away  in  the  carriage.   .    .    . 


[Eventually   White   was   persuaded    to    return    to   England.    On   *7AunM 
the  seventh  and  twentieth  of  August  the  admiral  and  the  fly-boat   *s87 
weighed  anchor  and  set  sail   for  England,  where  they  arrived  in 
November.     The  pinnace  remained  in  the  sound.] 

The  names  of  all  the  men,  women  and  children  which  safely 
arrived  in  Virginia  and  remained  to  inhabit  there  1587. 


John  White 

John  Bright 

Hugh  Patten  son 

White's 
Narrative 

Roger  Bailey 

William  Dutton 

Martin  Sutton 

Ananias  Dare 

Maurice  Allen 

John  Farre 

Chrystopher  Cooper 

William  Waters 

John  Bridger 

Thomas  Stevens 

Richard  Arthur 

Griffin  Jones 

John  Sampson 

John  Chapman 

Richard  Shabedge 

Clement  Taylor 

William  Clement 

James  Lasie 

William  Sole 

Robert  Little 

John  Cheven 

John  Cotsmur 

Hugh  Tayler 

Thomas  Hewet 

Humphrey  Newton 

Hugh  Wildye 

William  Berde 

Thomas  Col  man 

Lewes  Wotton 

Henry  Brown 

Thomas  Gramme 

Michael  Bishop 

Richard  Tompkins 

Thomas  Butler 

Henry  Rufoote 

Charles  Florrie 

Edward  Powell 

Henry  Dorrell 

Henry  Payne 

John  Btirdon 

Henry  Mylton 

William  Nichols 

Names  of 

James  Hinde 

Thomas  Harris 

John  Borden 

colonists 

Thomas  Ellis 

Thomas  Phevens 

Michael  Myllet 

William  Browne 

Mark  Bennett 

Thomas  Smith 

Dionys.  Harvie 

John  Gibbes 

Richard  Kemme 

Roger  Pratt 

John  Stillman 

Thomas  Harris 

George  Howe 

Robert  Wilkinson 

Richard  Taverner 

Simon  Fernando 

John  Tydway 

John  Earnest 

Nicholas  Johnson 

Ambrose  Viccars 

Henry  Johnson 

Thomas  Warner 

Edmund  English 

John  Starte 

Anthony  Cage 

Thomas  Topan 

Richard  Darige 

John  Jones 

Henry  Berry 

William  Lucas 

William  Willes 

Richard  Berry 

Arnold  Archand 

John  Brooke 

John  Spendlove 

John  Wright 

Cuthbert  White 

John  Hemington 

Thomas  Scott 

12 


CONTEMPORANEOUS  DOCUMENTS 


'587  John  Wyles 

George  Martyn 
Peter  Little 
Bryan  Wyles 

Women 

Eleanor  Dare 
Margery  Harvie 
Agnes  Wood 
Winifred  Powell 
Joyce  Archard 
Jane  Jones 
Elizabeth  Glane 
Jane  Pierce 
Audry  Tappan 


Alice  Chapman 
Emma  Merimoth 

Col  man 

Margaret  Lawrence 
Joan  Warren 
Jane  Mannering 
Rose  Payne 
Elizabeth  Viccars 

Boys  and  Children 

John  Sampson 
Robert  Ellis 
Ambrose  Viccars 
Robert  Archard 
Thomas  Humphrey 


Thomas  Smart 
George  Howe 
John  Pratt 
William  Wythers 

Children  born  in  Vir- 
ginia 

Virginia  Dare 
Harvie 

Savages  that  were  in 
England,  and  re- 
turned home  to 
Virginia  with  them 

Manteo  Towaye 


[Although  this  list  purports  to  embrace  the  names  of  those  who 
remained  in  Virginia,  yet  John  White  and  Simon  Ferdinando  re- 
turned to  England,  and  George  Howe  was  murdered  before  White's 
departure.  Neither  physician  nor  minister  is  mentioned  as  such, 
yet  doubtless  this  colony  was  accompanied  by  a  minister,  as  Manteo 
and  Virginia  Dare  were  "christened."] 


THE  FIFTH  VOYAGE 

of 

M.  JOHN  WHITE 

into  the 
WEST  INDIES 

and  parts  of  America  called 

VIRGINIA 

in  the  Year  1591 

[This  narrative  was  communicated  to  Hakluyt  in  February,  150J1 
and  printed  by  him  in  1598.] 

On  the  20th  of  March,  the  three  ships,  Hopewell,  the  John 
Evangelist  and  the  Little  John  put  to  Sea  from  Plymouth  with  two 
small  shallops.  .  .  . 

The  third  of  August,  we  stood  again  in  for  the  shore,  and  at 
midday  we  took  the  height  of  the  same.    The  height  of  that  place 


WHITE'S  VOYAGE  OF  1591  13 

we  found  to  be  34  degrees  of  latitude.     Towards  night  we  were  '»» 

within  three  leagues  of  the  low  sandy  islands  of  Wokokon. 

On  Monday,  the  9th  of  August,  the  storm  ceased  and  we  had 
very  great  likelihood  of  fair  weather.    Therefore  we  stood  in  again 
for  the  shore,  and  came  to  anchor  at  eleven  fathoms  in  35  degrees 
of  latitude,  within  a  mile  of  the  shore,  when  we  went  on  land  on    Aug.,  1591. 
the  narrow  sandy  island,  being  one  of  the  islands  west  of  Wokokon.    JJ~£ive 
Between  the  main,  as  we  supposed,  and  that  island,  it  was  but  a    Hakluyt,' 
mile  over,  and  three  or  four  feet  deep  in  most  places.     On  the        *  3S° 
12th  in  the  morning  we  departed  from  thence,  and  towards  night 
we  came  to  anchor  at  the  Northeast  end  of  the  island  of  Croatoan, 
by  reason  of  a  breach  which  we  perceived  to  be  out  two  or  three 
leagues  into  the  Sea:  here  we  rode  all  that  night.     This  breach 
is  in  3554*  degrees  and  it  lays  at  the  very  Northeast  point  of  Croa- 
toan where  goes  a  part  out  of  the  main  Sea  into  the  inner  waters, 
which  part  the  island  from  the  main  land. 

The  15th  of  August,  towards  evening  we  came  to  an  anchor  at 
Hattorask  in  z&/z  degrees,  in  five  fathoms  of  water,  three  leagues^ 
from  the  shore.  At  our  first  coming  to  anchor  on  this  shore  we 
saw  a  great  smoke  rise  in  the  Isle  Roanoak,  near  the  place  where 
I  left  our  Colony  in  the  year  1587,  which  smoke  put  me  in  good  hopes 
that  some  of  the  Colony  were  there  expecting  my  return  out  of 
England. 

The  16th  and  next  morning,  our  two  boats  went  ashore  and 
Captain  Cooke  and  Captain  Spicer  and  their  Company  with  me,  with 
intent  to  pass  to  the  place  at  Roanoak,  where  our  countrymen 
were  left.  .  .  .  But  before  we  were  half  way  between  our  ship 
and  the  shore,  we  saw  another  great  smoke  to  the  Southwest  of 
Kindrick's  Mounts :  we  therefore  thought  good  to  go  to  that  second 
smoke  first.  But  that  which  grieved  me  more,  was  that  when  we 
came  to  that  smoke,  we  found  no  man,  nor  sign  that  any  had  been 
there  lately,  nor  yet  any  fresh  water  in  all  this  way  to  drink. 

Being  thus  wearied  with  this  journey,  we  returned  to  the  harbor 
where  we  left  our  boats,  who  in  our  absence  had  brought  their 
casks  ashore  for  fresh  water.  So  we  deferred  our  journey  to  Roa- 
noak till  next  morning,  and  caused  some  of  those  Sailors  to  dig  in 
the  sand  hills  for  fresh  water,  whereof  we  found  very  sufficient. 
That  night  we  returned  aboard  with  our  boats  and  our  whole 
Company  in  safety.  The  next  morning  it  was  10  o'clock  aforenoon 
before  we  put  from  our  ships,  which  were  then  come  to  an  anchor 
within  two  miles  of  the  shore.  The  Admiral's  boat  first  passed 
the  breach  but  not  without  some  danger  of  sinking.     For  at  this 

♦Really  about  350.  tNine  miles. 


14  CONTEMPORANEOUS  DOCUMENTS 

l*9*  time  the  wind  blew  at  Northeast  and   direct  into  the  harbor  so 

great  a  gale  that  the  Sea  broke  extremely  on  the  bar  and  the  tide 
went  very  forcibly  at  the  entrance.  Captain  Spicer  came  to  the 
entrance  of  the  breach  with  his  mast  standing  up  and  was  half 
passed  over,  but  by  the  rash  and  indiscreet  steerage  of  Ralph  Skinner, 
his  master's  mate,  a  very  dangerous  sea  broke  into  their  boat  and 
overset  them  quite.  There  were  eleven  in  all ;  seven  of  the  chiefest 
were  drowned ;  among  them,  Captain  Spicer  and  Ralph  Skirmer.  .  .  . 
Our  boats  and  all  things  filled  again,  we  put  off  from  Hattorask, 
being  the  number  of  nineteen  persons  in  both  boats.  But  before  we 
could  get  to  the  place  where  our  planters  were  left,  it  was  so 
exceedingly  dark  that  we  overshot  the  place  a  quarter  of  a  mile, 
where  we  espied  towards  the  North  end  of  the  island,  the  light  of 
a  great  fire  through  the  woods,  to  the  which  we  presently  rowed. 
When  we  came  right  over  against  it,  we  let  fall  our  grapnel  near 
the  shore,  and  sounded  with  a  trumpet  a  call,  and  afterwards  many 
familiar  English  tunes  of  songs,  and  called  to  them  friendly;  but  we 
had  no  answer.  We  therefore  landed  at  daybreak,  and  coming  to  the 
fire,  we  found  the  grass  and  sundry  rotten  trees  burning  about  the 
place.  From  thence,  we  went  through  the  woods  to  that  part  of  the 
island  directly  over  against  Dasamonquepeuc ;  and  from  thence  we 
returned  by  the  water  side,  round  about  the  North  point  of  the  island 
until  we  came  to  the  place  where  I  left  our  Colony  in  the  year  1586. 
In  all  this  way,  we  saw  in  the  sand  the  print  of  the  Savages'  feet 
of  two  or  three  sorts  trodden  in  the  night ;  and  as  we  entered 
upon  the  sandy  banks,  upon  a  tree,  in  the  very  brow  thereof,  were 
letters  curiously  carved  these  fair  Roman  letters,  "C.  R.  O."  which  letters 

"C.  R.  o."  presently  we  knew  to  signify  the  place  where  I  should  find  the 
planters  seated,  according  to  a  secret  token  agreed  upon  between 
them  and  me  at  my  last  departure  from  them;  which  was  that  in 
any  way  they  should  not  fail  to  write  or  carve  on  a  tree  or  posts 
of  the  doors  the  name  of  the  place  where  they  should  be  seated; 
for  at  my  coming  away,  they  were  prepared  to  remove  from  Roanoak 
fifty  miles  into  the  main. 

Therefore  at  my  departure  from  them  in  Anno  1587,  I  willed  them 
that  if  they  should  happen  to  be  distressed  in  any  of  those  places, 
that  then  they  should  carve  over  the  letters  or  name  a  -\-  in  this  form. 
But  we  found  no  such  sign  of  distress.  And  having  well  considered 
of  this,  we  passed  toward  the  place  where  they  were  left  in  sundry 
houses ;  but  we  found  the  houses  taken  down  and  the  place  very 
strongly  enclosed,  with  a  high  palisade  of  great  trees,  with  curtains 
and  flankers  very  fort-like;  and  one  of  the  chief  trees  or  posts  at 
the  right  side  of  the  entrance  had  the  bark  taken  off  and  five  feet 
"Croatoan"     £rom   ^  groun<j   jn   fajr   capital   letters   was   graven   "Croatoan," 


WHITE'S  VOYAGE  OF  1591  15 

without  any  cross  or  sign  of  distress.    This  done,  we  entered  into  w 

the  palisade,  wrhere  we  found  many  bars  of  iron,  two  pigs  of  iron; 

four  iron  fowlers;  iron  locker  shot,  and  such  like  heavy  things, 

thrown  here  and  there,  almost  overgrown  with  grass  and  weeds. 

From  thence,  we  went  along  the  water  side,  towards  the  point  of 

the  Creek,  to  see  if  we  could  find  any  of  their  boats  or  pinnaces, 

but  we  could  perceive  no  sign  of  them  nor  any  of  the  last  falcon9 

or   small  ordnance   which  were   left  with   them   at  my  departure 

from  them. 

At  our  return  from  the  Creek,  some  of  our  sailors  meeting  us, 
told  us  that  they  had  found  where  divers  chests  had  been  hidden, 
and  long  sithence  digged  up  again  and  broken  up,  and  much  of 
the  goods  spoiled  and  scattered  about,  but  nothing  left  of  such 
things  as  the  Savages  knew  any  use  of  undefaced.  Presently 
Captain  Cooke  and  I  went  to  the  place,  which  was  in  the  end  of 
our  old  trench  made  two  years  past  by  Captain  Amadas — where  we 
found  five  chests  that  had  been  carefully  hidden  of  the  planters, 
and  of  the  same  chests  three  were  my  own:  and  about  the  place 
many  of  my  things  spoiled  and  broken,  and  my  books  torn  from 
the  covers,  the  frames  of  some  of  my  pictures  and  maps  rotten  and 
spoiled  with  rain,  and  my  armour  almost  eaten  through  with  rust 
This  could  be  no  other  than  the  deed  of  the  Savages,  our  enemies 
at  Desamonquepeuc,  who  had  watched  the  departure  of  our  men 
to  Croatoan,  and  as  soon  as  they  were  departed,  digged  by  every 
place  where  they  suspected  anything  to  be  buried,  but  although  it 
much  grieved  me  to  see  such  sport  of  my  goods,  yet  on  the  other 
side,  I  greatly  joyed  that  I  had  surely  found  a  certain  token  of 
their  safe  being  at  Croatoan,  which  is  the  place  where  Manteo  was 
born  and  the  Savages  of  the  island  our  friends. 

When  we  had  seen  so  much  of  this  place  as  we  could,  we  returned 
to  our  boats,  and  departed  from  the  shore  towards  our  ships  with 
as  much  speed  as  we  could,  for  the  weather  began  to  be  overcast 
and  very  likely  that  a  foul  and  stormy  night  would  ensue.  There- 
fore, the  same  evening,  with  much  danger  and  labor,  we  got  our- 
selves aboard.  .    .    . 

The  next  morning  it  was  agreed  by  the  Captain  and  myself  with 
the  master  and  others,  to  weigh  anchor  and  go  for  the  place  at 
Croatoan  where  our  planters  were,  for  that  then  the  wind  was 
good  for  that  plan,  and  also  to  leave  that  cask  with  fresh  water  on 
shore  on  the  island  until  our  return.  So  then  they  brought  the 
cable  to  the  capstan,  but  when  the  anchor  was  almost  apeak  the 
cable  broke,  by  means  whereof  we  lost  another  anchor,  wherewith 
we  drove  so  fast  unto  the  shore  that  we  were  forced  to  let  fall  a 
third  anchor,  which  came  so  fast  home  that  the  ship  was  almost 


i6  CONTEMPORANEOUS  DOCUMENTS 

1609  aground  by  Kenrick's  Mounts;  so  that  we  were  forced  to  let  slip 

the  cable  end  for  end.     And  if  it  had  not  chanced  that  we  had 
fallen  into  a  channel  of  deeper  water  close  by  the  shore  than  we 
accounted  of,  we  could  never  have  gone  clear  of  the  point  that 
lies  to  the  Southward  of  Kenrick's  Mounts. 
Colonist*  It  was  therefore  determined  that  all  should  go  for  St.  John  or 

abandoned  somc  other  jsian(j  to  tne  Southward  for  fresh  water.  And  it  was 
further  proposed  that  if  we  could  any  ways  supply  our  wants  of 
victuals  and  other  necessaries  either  at  Hispaniola,  St.  John  or 
Trinidad,  that  then  we  should  continue  in  the  Indies  all  winter 
following,  with  hope  to  make  two  rich  voyages  of  one,  and  at  our 
return,  to  visit  our  Countrymen  at  Virginia. 

The  Captain  and  the  whole  Company  in  the  Admiral  (with  my 
earnest  petitions)  thereunto  agreed,  so  it  rested  only  to  know  what 
the  master  of  the  Moonlight,  our  consort,  would  do  therein.  But 
when  we  demanded  them  if  they  would  accompany  us  in  that  new 
determination,  they  alledged  that  their  weak  and  leaky  ship  was 
not  able  to  continue  it,  wherefore  the  same  night  we  parted,  leaving 
the  Moonlight  to  go  directly  to  England,  and  the  Admiral  set  his 
course  for  Trinidad,  which  course  we  kept  for  two  days. 

[Later  they  changed  their  course  and  went  after  the  Spaniards, 
and  after  many  adventures  finally  reached  Plymouth  October  24th.] 

References  to  the  colony,  1591-1709 

Letter  of  Sir        Whereas  as  I  wrote  unto  yow  in  my  last  that  I  was  goun  to 

Wall.er.  Weymouth  to  speak  with  a  pinnes  of  mine  arrived  from  Virginia, 

Sir  Robert      I  found  this  bearer,  Captayne  Gilbert,  ther  also,  who  went  on  the 

Cecl1  same  voyage.     But  myne  fell  40  leaugs  to  the  west  of  it,  and  this 

bearer  as  much  to  the  east;  so  as  neither  of  them  spake  with  the 

peopell.    But  I  do  sende  both  the  barks  away  agayne,  having  saved 

the  charg  in   sarsephraze   woode;   but  this  bearer  bringing  sume 

2200  waight  to  Hampton,  his  adventurers  have  taken  away  their 

Aug.ai,x6oa    parts  and  brought  it  to  London.    I  do  therefore  humblie  pray  yow 

Life  of1*'       t0  ^ea^  w^tne  mv  Lord  Admirale  for  a  letter  to  make  seasure  of 

Raleigh,        all  that  which  is  come  to  London,  either  by  his  Lordship's  octoretye 

or  by  the  Judge :  because  I  have  a  patent  that  all  shipps  and  goods 

are  confiscate  that  shall  trade  their  without  my  leve.    And  whereas 

Sassaphraze  was  worth  tos.,  12s.  and  20s.  per  pound  before  Gilbert 

returned,  his  cloying  of  the  market,  will  overthrow  all  myne  and 

his  own  also.     He  is  contented  to  have  all  stayde:  not  only  for 

this  present ;  but  being  to  go  agayne.  others  will  also  go  and  destroy 

the  trade,  which  otherwise  would  yield  8  or  10  for  one,  in  certainty 

and  a  return  in  XX  weeks.  .    .    . 


II,  231 


STRACHEY'S  TRAVAILE  INTO  VIRGINIA 


17 


I  bcseich  yow,  favor  our  right :  and  vow  shall  see  what  a  prety, 
honorabell  and  sauf  trade  wee  will  make. 

Yours  ever  to  serve  yow, 

W.  Ralegh. 

[William  Strachey  was  secretary  of  the  colony  of  Virginia,  and 
his  "Historie  of  Travaile  into  Virginia  Britannia"  was  apparently 
written  after  the  colony  had  been  seated  at  Jamestown  six  years — 
in  1613.] 


1613 


Strachcy'i 
Travaile 
Into 
Virginia,  85 


Strachey.  26 


The  men,  women  and  children  of  the  first  plantation  at  Roanoke  l6l. 
were  by  practize  and  commandment  of  Powhatan  (he  him-  w»l»lan> 
self  persuaded  thereunto  by  his  priests)  miserably  slaughtered,  with- 
out any  offense  given  him,  either  by  the  first  planted  (who  twenty 
and  od  years  had  peaceably  lyved  intermyxed  with  those  Savages 
and  were  out  of  his  territory)  or  by  those  who  nowe  are  come  to 
inhabit  some  parte  of  his  desarte  lands. 

Southward  they  [Newport's  exploring  party]  went  to  some  parts 
of  Chowanook  and  the  Mangoangs,  to  search  there  those  left  by 
Sir  Walter  Raleigh,  which  parts — to  the  towne  of  Chesepeak — hath 
formerly  been  discovered  by  Mr.  Harriott  and  Sir  Ralph  Lane. 

The  high  land  is  in  all  likelihoodes,  a  pleasant  tract,  and  the 
mould  fruitful,  especially  what  may  lye  to  the  Southward,  where 
at  Peccarecamek  and  Ochanahoen  by  the  relation  of  Machumps,*  the 
people  have  houses  built  with  stone  walls,  and  one  story  above 
another,  so  taught  them  by  the  English  who  escaped  the  slaughter  at 
Roanoke,  at  which  time  this  our  Colony,  under  the  conduct  of 
Captain  Newport,  landed  within  the  Chesepeake  Bay,  where  the 
people  breed  up  tame  turkeys  about  their  houses,  and  take  apes 
in  the  mountains,  and  where  at  Ritanoc  the  Weroance  Eyanoco 
pcrserved  seven  of  the  English  alive,  four  men,  and  two  boys  and 
one  younge  mayde  (who  escaped  and  fled  up  the  river  of  Choanook) 
to  beat  his  copper,  etc. 

[Powhatan]  seems  to  command  south  and  north  from  the  Mango- 
angs and  Chowanoaks,  bordering  upon  Roanoke  and  the  old  Vir- 
ginia, a  town  pallisadode  standing  at  the  north  end  of  the  bay. 

He  doth  often  send  unto  us  to  temporize  with  us.  awaiting  per- 
haps a  fit  opportunity  (inflamed  by  his  furious  and  bloody  priests) 
to  offer  us  a  taste  of  the  same  cup  which  he  made  our  poor  country- 
men drink  of  at  Roanoke. 

[In   "The  True  and   Sincere  Declaration"  made  by  the  governor    »6°9- 
and  councillors  of  the  Jamestown  settlement   in   December,   1609 —   and  Sincere 
they  speak  of  having]    intelligence  of  some   of  our  nation  planted    Declarat,on 
by  Sir  Walter  Raleigh,  yet  alive,  within  fifty  miles  of  our  fort,  who 

•An  Indian  of  Powhatan's  tribe  who  had  been  to  England. 


Strachey,  48 


i8 


CONTEMPORANEOUS  DOCUMENTS 


1608 


Brown's 
Genesis, 
I*  349 


can  open  the  womb  and  bowels  of  this  country;  as  is  testified  by 
two  of  our  Colony  sent  out  to  seek  them,  who  (though  denied  by 
the  savages  speech  with  them)  found  Crosses  and  Letters,  the  Char- 
acters and  assured  Testimonies  of  Christians,  newly  cut  in  the  barks 
of  trees. 


[The  discovery  of  these  characters  recently  cut  in  the  barks  of 
trees  at  that  time  locates  some  of  Raleigh's  colony  within  fifty  miles 
of  Jamestown  in  1608.     The  narrative  continues:] 

What  he  knew  of  the  Dominions,  he  spared  not  to  acquaint  me 
with,  as  of  certain  men  cloathed  at  a  place  called  Ochanahonan, 
cloathed  like  me. 

[And  again:]  We  had  agreed  with  the  King  of  Paspehegh  to  con- 
duct two  of  our  men  to  a  place  called  Panawicke,  beyond  Roanoke 
where  he  reported  many  men  to  be  apparelled.  We  landed  him  at 
Warraskoyack,  where  playing  the  villain  and  deluding  us  for  rewarde, 
returned  within  three  or  four  days  after,  without  going  further. 


Smith's 

True 

Relation. 


Brown's 

Genesis, 

1,184 

February, 

1608 


December, 
1608 


[Smith  sent  from  Warraskoyack,  Master  Scitlemore  and  two 
guides  to  seek  for  the  Lost  Colony  of  Sir  Walter  Raleigh. 

Alexander  Brown  has  found  and  embodied  in  his  work  a  rude 
drawing  sent  by  Francis  Nelson  from  Virginia  in  1608  to  illustrate 
Smith's  "True  Relation,"  and  the  same  year  sent  to  Spain  from 
London. 

On  this  map,  on  the  Chowan,  or  on  the  Nottoway,  falling  into 
the  Chowan  River.  Ochanahonan  is  placed :  and  on  the  Tar,  or  upper 
Pamlico  River,  "Pakrakanick"  is  located :  and  near  it  is  a  legend : 
"Here  rcmayneth  4  men  clothed  that  came  from  Roanoak  to 
Ochanahonan."  Between  the  Chowan  and  the  Moratoc  (Roanoke 
River)  on  this  map  is  a  legend:  "Here  the  King  of  Paspehegh 
reported  our  men  to  be,  and  wants  to  go."  And  that  region  is 
marked  "Pananiock." 

On  the  map,  the  point  Warraskoyack,  from  which  Master  Scitle- 
more and  two  guides  started,  and  where  Smith  landed  "the  King 
of  Paspehegh  to  conduct  two  of  our  men  to  a  place  called  Pana- 
wicke, beyond  Roanoke,"  is  on  a  stream  that  probably  is  intended 
to  represent  Nansemond  River. 

This  map  was  drawn  on  the  relation  of  some  Indian.  The  In- 
dians of  the  James  River  had  no  connection  with  those  farther 
south.  Powhatan's  jurisdiction  did  not  extend  over  the  Chowan- 
ists  or  the  Mongoaks.  The  Indian  who  gave  the  information  on 
which  the  drawing  was  based  probably  had  but  little  familiarity  with 
the  localities,  knowing  about  the  rivers  but  nothing  of  the  coast. 
He  knew  that  the  first  river  was  the  Chowan  and  its  tributaries;  that 
the  next  was  the  Moratoc,  and  that  farther  on  there  was  a  third — 
the  Tar.  He  probably  knew  nothing  of  the  sounds.  He  placed  the 
chief  town  of  the  Chowan  Indians  on  the  northeast  side  of  the 
Chowan  River,  and  Ochanahonan  on  the  other  side.  It  seems  to  the 
author  of  this  work  that  Ochanahonan  is  probably  the  town  called  by 
Lane  Ohanoak.  On  DeBry's  map  this  town  is  placed  above  the  town 
of  Chowanoak,  but  in  Lane's  narrative  it  is  located  below  that  town. 


LAW  SON'S  SUGGESTIONS  19 

The  Indian  account  places  Pananiock,  where  White's  colony  set-  *&* 

tied,  between  the  Moratoc  and  the  Chowan  rivers,  but  as  the  Indian  ~*~ 

was  probably  not  acquainted  with  the  waters  of  the  sound,  and  only 
knew  that  the  Moratoc  discharged  itself  some  distance  below  the 
Chowan,  he  inaccurately  indicates  that  both  emptied  into  the  ocean. 
In  that  he  was  mistaken ;  but  he  probably  was  correct  in  locating 
the  settlement  north  of  the  Moratoc  River.  It  was  between  the 
mouth  of  the  Moratoc  and  the  Chowan  that  Lane  observed  the 
"goodly  highlands,"  and  that  location  being  substantially  "fifty  miles 
in  the  interior"  from  Roanoke  Island,  it  is  there  we  would  expect  to 
find  the  place  of  permanent  settlement.  And  it  is  there  that  the 
Indian  relation  places  it. 

After  the  massacre,  "four  men  and  two  boys  and  one  young 
mayde"  escaped  and  fled  up  the  river  of  Chowanoak,  and  were 
preserved  by  the  Weroance  at  Ritanoe.  This  flight  could  have  been 
readily  made  from  a  point  north  of  the  Moratoc  River.  It  is  also 
stated  that  four  men  came  to  Ochanahonan.  If  there  were  still  other 
fugitives  than  those  preserved  at  Ritanoe.  their  journey  through 
the  woods  would  also  indicate  that  Pananiock  was  on  the  north  of 
the  Moratoc.] 


Lawson's  suggestions 

The  first  discovery  and  settlement  of  this  country  was  by  the  HUtoryof 
procurement  of  Sir  Walter  Raleigh,  in  conjunction  with  some  public  North  Caro 
spirited    gentlemen   of   that    age,    under   the   protection    of   Queen 


Elizabeth;  for  which  reason  it  was  then  named  Virginia,  which 
begun  on  that  part  called  Roanoke  Island,  where  the  ruins  of  a 
fort  are  to  be  seen  at  this  day  as  well  as  some  old  English  coins 
which  have  been  lately  found,  and  a  brass  gun.  a  powder  horn  and 
one  small  quarter-deck  gun  made  of  iron  staves,  which  method 
of  making  guns  might  very  probably  be  made  use  of  in  those  days 
for  the  convenience  of  infant  colonies. 

A  further  confirmation  of  this  we  have  from  the  Hatteras  Indians 
who  either  then  lived  on  Roanoke  Island  or  much  frequented  it. 
These  tell  us  that  several  of  their  ancestors  were  white  people  and 
could  talk  in  a  book  as  we  do:  the  truth  of  which  is  confirmed  by 
gray  eyes  being  found  frequently  amongst  these  Indians  and  no 
others. 

They  value  themselves  extremely  for  their  affinity  to  the  English 
and  are  ready  to  do  them  all  friendly  offices.  It  is  probable  that  this 
settlement  miscarried  for  want  of  timely  supplies  from  England, 
or  through  the  treachery  of  the  natives:  for  we  may  reasonably 
suppose  that  the  English  were  forced  to  cohabit  with  them  for  relief 
and  conversation :  and  that  in  process  of  time,  they  conformed 
themselves  to  the  manners  of  their  Indian  relations ;  and  thus  we 
see  how  apt  human  nature  is  to  degenerate. 


1709 


20  CONTEMPORANEOUS  DOCUMENTS 

1585 

~*~  The  Hatteras  Indians 

[The  Hatteras  Indians  in  1585  were  not  under  the  same  govern- 
ment as  the  savages  on  the  mainland.  They  were  a  different  tribe; 
and  they  were  so  few  in  numbers  and  so  poor  that  when  Lane  was 
making  a  counterplot  against  Pemisapan  and  pretended  that  he  was 
going  to  make  a  journey  to  Croatoan,  he  asked  to  be  furnished 
with  men  to  hunt  for  him  while  there,  and  with  four  days'  pro- 

l7og  visions  to  last  during  his  stay.     No  subsistence   could  be  gotten 

from  the  Croatoans.  A  century  later,  in  Lawson's  time,  that  tribe 
had  but  sixteen  fighting  men,  and  even  if  all  of  these  had  a  strain  of 
English  blood  in  them,  their  white  ancestors  might  have  been  but 
a  very  small  fraction  of  the  English  colonists.  The  tribe  was  still 
further  reduced  during  the  Indian  War  of  1711-15,  when  it 
adhered  to  the  English.  It  lingered  about  its  old  home,  suffering 
the  fate  of  other  small  tribes,  gradually  becoming  extinct.  In  1763 
some  of  the  Hatteras  and  Mattamuskeet  Indians  were  still  living  on 
the  coast  of  Hyde,  where  a  reservation  had  been  set  apart  for  them. 
Because   names  borne  by   some   of  the  colonists  have  been   found 

JLR',VI'  among  a  mixed  race  in  Robeson  County,  now  called  Croatans,  an 
inference  has  been  drawn  that  there  was  some  connection  between 
them.  It  is  highly  improbable  that  English  names  would  have  been 
preserved  among  a  tribe  of  savages  beyond  the  second  generation, 
there  being  no  communication  except  with  other  savages.  If  Eng- 
lish names  had  existed  among  the  Hatteras  Indians  in  Lawson's 
time,  he  probably  would  have  mentioned  it  as  additional  evidence 
corroborating  his   suggestion  deduced   from  some  of  them  having 

The  gray  eyes,  and  from  their  valuing  themselves  on  their  affinity  to  the 

English.  It  is  also  to  be  observed  that  nowhere  among  the  Indians 
were  found  houses  or  tilled  lands  or  other  evidences  of  improve- 
ment on  the  customs  and  manners  of  the  aborigines.  When  this 
mixed  race  was  first  observed  by  the  early  settlers  of  the  upper 
Cape  Fear,  about  1735,  it  is  said  that  they  spoke  English,  cultivated 
land,  lived  in  substantial  houses,  and  otherwise  practised  the  arts 
of  civilized  life,  being  in  these  respects  different  from  any  Indian 
tribe.  In  1754  they  were  described  as  being  on  "Drowning  Creek, 
on  the  head  of  Little  Peedee,  fifty  families,  a  mixed  crew,  a  lawless 
people,  possessed   the  lands  without   patent  or  paying  quit  rents; 

t(J»"%M  "  shot  a  surveyor  for  coming  to  view  vacant  lands,  being  enclosed  in 
great  swamps."  From  that  time  to  the  present  these  people  have 
remained  in  their  settlement  on  Drowning  Creek.  It  is  worthy  of 
remark  that  in  1754  they  were  not  considered  Indians,  for  the 
military  officers  of  Bladen  County  particularly  reported  that  there 
were  no  Indians  in  that  county.  Whatever  may  have  been  their 
origin  and  the  origin  of  their  English  names,  neither  their  names 


Croatans 


C.  RM  V, 


REFERENCES  TO  LOST  COLONY  21 

nor  their  English  manners  and  customs  could  have  been  perpetuated  1585 

from  the  time  of  the  Lost  Colony  without  exciting  some  remark  ~*~ 

on  the  part  of  explorers,  or  historians.  Apparently  that  com- 
munity came  into  being  at  a  later  date.  Yet  it  is  to  be  observed 
that  many  persons  believe  them  to  be  the  descendants  of  the  Lost 
Colony;  and  the  Legislature  has  officially  designated  them  as 
*'Croatans,"  and  has  treated  them  as  Indians.*] 

♦The  subject  of  the  connection  of  these  Croatans  with  the  colonists 
has  been  ably  discussed  by  Mr.  Hamilton  McMillan  and  by  Dr. 
Stephen  B.  Weeks,  who  maintain  that  view  with  much  plausibility. 


CHAPTER  II 

Explorations,  1584 

England  claims  rights  in  America. — Sir  Humphrey  Gilbert. — 
Walter  Raleigh's  charter. — The  landing  of  Amadas  and  Barlow. — 
The  spot  uncertain. — The  savages  kindly. — Explorations. — Fortu- 
nate return. — The  new  land  named  Virginia. — Conditions  in  America. 

England  claims  rights  in  America 


i486 


Six  years  before  the  discovery  of  America  the  Portu- 
guese, the  most  adventurous  sailors  of  that  age,  had  already 
explored  the  coast  of  Africa  and  had  turned  the  Cape  of 
Good  Hope  in  their  search  for  a  route  to  the  Indies.  The 
fortunate  issue  of  the  expedition  undertaken  by  Columbus 
under  the  patronage  of  Ferdinand  and  Isabella  gave  to  Spain 
a  claim  to  the  New  World  and  opened  a  door  for  a  serious 
clashing  of  interest  between  those  two  faithful  supporters  of 
the  Catholic  religion ;  and  to  settle  their  differences  and  to 
establish  their  respective  rights  of  dominion,  Pope  Alex- 

Bieifan<Ur*  ander  VI  in  1493  issued  a  papal  bull  dividing  the  undiscov- 
ered regions  of  the  earth  between  them.  Drawing  an 
arbitrary  line  on  the  map  of  the  world  running  a  hundred 
leagues  west  of  the  Azore  Islands,  he  apportioned  to  Portugal 
all  to  the  east  of  it  and,  depriving  Spain  of  any  interest  in 
Africa,  allotted  to  that  country  the  whole  of  the  New  World 
"west  and  south  of  Spain."  And  by  a  treaty,  the  next  year, 
this  line  was  fixed  three  hundred  and  seventy  leagues  west 
of  the  Cape  Verde  Islands. 

England,  however,  did  not  recognize  that  arbitration  as 
binding  upon  her  and  claimed  the  Atlantic  coast  of  America, 

Cabot  by  virtue  of  the  discoveries  of  the  Cabots,  who,  in  1497,  had 

coasted  along  it  from  Labrador  to  Florida.  From  that  time 
onward  there  were  occasional  movements  made  by  English 
navigators  for  exploration,  trade,  and  even  colonization,  that, 
however,  had  no  practical  result.  Although  among  the 
great  fleet  of  vessels  that  were  employed  in  the  Newfound- 


GILBERTS  PATENT  23 

land  fisheries  there  were  generally  to  be  found  fifty  or  more  ^Jj 

bearing  the  English  flag,  it  was  not  until  Elizabeth's  time 
that  an  attempt  was  made  at  English  colonization.  During 
her  reign  England  made  a  marvellous  advance  in  wealth,  in 
manufactures  and  in  population ;  and  a  spirit  of  enterprise 
was  manifested  by  her  merchants  no  less  than  among  those 
bold  soldiers  and  seamen  who  sought  fame  and  fortune  in 
battling  against  the  Catholic  Spaniards  on  land,  and  despoil- 
ing their  richly  laden  vessels  on  the  sea. 

One  of  the  most  notable  of  the  enterprising  heroes  who 
made  her  reign  illustrious  was  Sir  Humphrey  Gilbert,  whose   Gilbert 
great  capacity  and  services  had  been  rewarded  by  his  ap- 
pointment as  lord  lieutenant  of  Ireland. 

But  he  had  other  claims  to  royal  favor.  Her  lustful  father 
having  beheaded  her  mother,  and  having  cast  her  off  in 
infancy  as  illegitimate,  Elizabeth,  the  queen,  while  having 
slight  regard  for  her  father's  kin,  stood  loyally  to  her 
mother's.  In  her  girlhood  days  she  had  fallen  to  the  care 
of  Mrs.  Catherine  Ashley,  a  connection  on  her  mother's  side, 
to  whom  she  declared  that  she  owed  more  for  kindness  and 
preservation  than  she  could  have  done  to  her  own  mother. 
And  this  woman,  for  whom  the  queen  cherished  such  warm 
gratitude,  was  the  aunt  of  Sir  Humphrey  Gilbert.  So  be- 
yond his  undoubted  ability  and  merit  there  was  an  influence 
favorable  to  him  at  court.  In  June,  1578,  Sir  Humphrey  ,S78 
sought  and  obtained  from  the  queen  a  patent  to  explore  and 
settle  any  part  of  the  New  World  not  already  occupied  by  a 
Christian  prince,  and  to  possess  it  for  himself  and  his  heirs, 
with  power  and  dominion  over  the  same — a  right  royal 
grant  to  any  subject  of  the  realm.  He  associated  with  him- 
self in  this  enterprise  his  younger  half  brother,  Walter 
Raleigh,  and  in  June.  1583,  sailed  from  England  with  five  1583 
vessels  and  landed  in  Newfoundland.  Raleigh,  however, 
did  not  accompany  him,  but  wrote  to  him  just  previous  to 
his  departure  expressing  the  queen's  great  interest  in  the 
enterprise.  "I  have  sent  you,"  he  wrote,  "a  token  from  her 
Majesty,  an  ancor  guided  by  a  lady,  as  you  see ;  and  farther, 
her  Highness  willed  me  to  sende  you  worde  that  she  wished 
you  as  great  good-hap  and  safety  to  your  ship,  as  if  herself 
were  ther  in  parson,  desiring  you  to  have  care  of  your  sealf, 


24  EXPLORATIONS,  1584 

l&*  as  that  which  she  tendereth ;  and  therefore  for  her  sake,  you 

must  provide  for  it  accordingly.  Farther,  she  commandeth 
that  you  leve  your  picture  with  me." 

Surely  Gilbert  stood  well  with  the  woman  his  aunt  had 
reared,  she  "desiring  him  to  have  care  of  himself,  as  of 
that  which  she  tendereth."  But  Elizabeth's  fears  were 
prophecies.  That  barren,  frozen,  inhospitable  shore  was  not 
favorable  for  colonization,  and  the  vessel  that  bore  the  in- 
trepid navigator,  overwhelmed  in  a  fearful  tempest,  went 
down  at  sea,  and  the  brave  Sir  Humphrey  perished. 

Raleigh  But  even  that  great  misfortune  did  not  dismay  the  enter- 

prising spirit  of  Raleigh.  As  a  young  man,  a  volunteer 
soldier  of  fortune,  he  had  fought  in  the  ranks  of  Protestan- 
tism against  the  French  and  Spanish  legions  of  intolerant 
Catholicism.  For  some  years  he  had  served  in  the  Irish 
War,  where  he  had  displayed  heroism  and  bravery,  and  had 
also  led  his  band  and  had  put  to  the  sword  six  hundred 
Spanish  and  Italian  troops,  after  surrender,  in  Smerwick 
Bay;  a  bloody  butchery.  Appearing  at  court  as  bearer  of 
despatches,  his  pronounced  yiews  as  to  the  thoroughness 
with  which  a  war  of  extermination  should  be  waged  ac- 
corded so  well  with  Elizabeth's  own  policy  that  she  called 
him  her  "Oracle."  A  month  later  the  command  of  a  band 
of  footmen  in  Ireland  becafne  vacant,  and  the  queen,  in 

Lffeof18'      April,   1582,  issued  her  command  to  the  general-in-chief : 

Raleigh  "But  chiefly  that  Our  Pleasure  is  to  have  Our  servant, 
Walter  Rawley,  trained  sometime  longer  in  that  Our  realm 
for  his  better  experience  in  martial  affairs,  and  for  the 
especial  care  that  We  have  to  do  him  good,  in  respect  of  his 
kindred,  that  has  served  Us,  some  of  them  (as  you  know) 
near  about  Our  person,  these  are  to  require  you  that  the 
leading  of  the  said  band  may  be  committed  to  the  said 
Rawley;  and  for  that  he  is  for  some  considerations  by  Us 
excused  to  stay  here,  Our  pleasure  is  that  the  said  band  be, 
in  the  meantime,  until  he  repair  into  that  Our  realm,  de- 
livered to  some  such  as  he  shall  depute  to  be  his  Lieutenant 
there."  That  was  the  year  before  Sir  Humphrey  lost  his 
life,  Raleigh  being  kept  at  court  under  the  eye  of  the  queen, 
"for  the  especial  care  she  had  to  do  him  good."  But  inter- 
ested in  this  matter  of  colonization,  he  did  not  let  it  slumber. 


EXPEDITION  OF  AMADAS  AND  BARLOW  25 

The  disastrous  ending  of  his  brother's  attempt  did  not  deter  jsjj 

him.  Although  the  queen  made  no  such  princely  grant  to 
any  other  than  Kate  Ashley's  kin,  Raleigh  speedily  obtained 
a  new  patent  for  himself;  and  at  great  expense  he  fitted  out 
at  London  two  barks  to  transport,  as  his  guests,  a  goodly 
number  of  merchants,  nobles  and  notable  sailors,  to  discover 
an  eligible  location  for  a  colony  in  the  warmer  latitudes 
bordering  on  Florida.*  Having  sailed  from  the  Thames, 
his  vessels  took  their  final  departure  from  the  west  coast 
of  England  on  April  27,  1584,  and  sought  the  shores  of 
America  by  the  southern  route.  Reaching  the  Canaries  by 
May  10th,  a  month  later  they  arrived  at  the  West  Indies, 
where  they  lingered  a  few  days,  and  then  entered  the  Gulf 
Stream  on  their  northward  course.  On  July  2d  they  found 
shoal  water  off  Cape  Fear;  and  then  shortening  sail,  the 
captains,  Amadas  and  Barlow,  proceeded  cautiously  until, 
July  4th,f  they  arrived  upon  the  coast.J  Watching  for  a  JJj 
harbor  and  an  entrance,  they  coasted  along  one  hundred  My  4*1384, 
and  twenty  miles  before  they  discovered  one,  but  finally 
north  of  Cape  Hatteras  they  discerned  a  breach  and  came 
to  anchor  at  its  mouth.  With  grateful  hearts,  the  company 
assembled  and  piously  returned  solemn  thanks  for  their  safe 
arrival ;  and  then  they  eagerly  manned  their  boats  and  made 
their  landing  on  the  south  side  of  the  inlet.  This  first  land- 
ing place  of  the  English  on  the  coast  of  Virginia  was  ap- 
parently at  the  mouth  of  Trinity  Harbor,  as  depicted  on 
the  maps  of  the  explorers,  about  twenty  miles  north  of 
Roanoke  Island,  and  well  within  what  has  since  been  known 
a^  Currituck  Sound.  It  was  forty  miles  north  of  Hattorask 
Inlet,  which  afterward  became  the  roadstead  of  the  colonists. 

♦Jean  Ribault  had  published  in  London  his  account  of  "Terra 
Florida"  in  May,  1563.  and  on  the  dispersal  of  his  colony  later, 
the  survivors  having  put  to  sea  in  a  small  boat  were  picked  up  by 
an   English  vessel  and  brought  to  England.     (Brown's  "Genesis.") 

fBy  the  reckoning  then  in  use  the  longest  day  in  the  year  fell 
on  Julv  3d.  This  arrival  on  the  coast  was  one  day  after  the  longest 
day   of  the  year. 

JJohn  Vcrazzani.  a  Florentine,  sixty  vears  before  having  sailed 
from  Madeira,  on  January  17,  1524.  "through  the  assistance  of 
Heaven  and  the  goodness  of  his  ship,  discovered  a  new  land  never 
before  seen  by  any  man.  either  ancient  or  modern."  The  point  he 
reached  was  this  immediate  locality  where  Raleigh's  captains  first 
saw  the  land. 


26  EXPLORATIONS,  1584 

**?*  On  reaching  the  solid  ground,  amid  great  rejoicing  and  with 

ceremonial  pomp,  according  to  the  custom  of  the  times,  they 
took  possession  of  the  land  in  right  of  their  sovereign,  the 
Queen  of  England,  and  formally  delivered  it  over  to  the  use 
of  Walter  Raleigh. 

The  ceremony  of  taking  possession  Amadas  and  Barlow 
deemed  of  such  high  importance  that  they  made  a  record  of 
the  particular  gentlemen  and  men  of  account  who  were 
present  as  witnesses  of  it,  so  that  no  question  might  be  made 
of  their  queen's  rightful  title  to  the  country.  Being  now 
in  possession,  and  having  the  English  flag  waving  over  the 
soil  of  this  new  dominion,  they  proceeded  to  look  about 
them  and  view  the  land.  With  wonder  they  noted  the 
abundance  of  grapes  that  grew  even  on  the  sands  of  the 
beach,  where  the  surge  of  the  sea  overflowed  them;  and  in 
all  places  else ;  on  the  hills  and  in  the  plains,  on  every  little 
shrub  and  climbing  even  up  the  branches  of  the  high  cedars. 
Then  with  hurried  footsteps  they  passed  from  the  seaside 
to  the  tops  of  the  adjacent  hills,  and  with  amazement  beheld 
the  broad  sea  stretching  away  on  both  sides  as  far  as  the 
eye  could  reach.  They  found  later  that  where  they  were 
was  an  island  some  six  miles  wide  and  about  twenty  long, 
a  part  of  the  sand  banks  that  separated  the  sound  from  the 
sea.  "After  we  had  entered  into  the  haven,"  wrote  Barlow 
in  his  narrative  of  the  exploration,  "we  saw  before  us 
another  mighty  long  sea;  for  there  lies  along  the  coast  a 
tract  of  island  two  hundred  miles  in  length ;  and  between 
these  islands  two  or  three  entrances;  these  islands  being 
very  narrow,  for  the  most  part  only  six  miles  broad;  then 
entering,  there  appeared  another  great  sea,  in  breadth  in 
some  places  forty  and  fifty  miles  and  in  some  twenty  miles 
before  you  come  to  the  continent;  and  in  this  enclosed  sea 
near  a  hundred  islands,  whereof  one  is  sixteen  miles  long.'' 

As  yet  all  was  solitude.  The  face  of  nature  was  unbroken 
by  the  hand  of  man.  For  two  days  they  saw  no  evidences  of 
human  life;  but  on  the  third  day  after  their  arrival  they 
discovered  a  boat  in  the  sound  containing  three  savages, 
who  cautiously  approached  and  held  communication  with 
them.  These  being  favorably  received,  and  delighted  with 
the  little  presents  given  them,  the  next  day  forty  or  fifty 


An  Indian  Village 
(From  the  John  White  Drawings) 


BARLOW'S  REPORT,  1584 


others  visited  the  ships  and  exchanged  commodities.    It  may  ^sju 

be  observed  in  passing  that  the  aborigines  of  America  were 
not  generally  called  Indians  by  English  writers  until  about 
the  year  1600;  at  that  time  they  were  spoken  of  only  as 
savages.  But  although  so  called,  the  natives  were  found  to 
be  gentle  in  their  disposition  and  not  unfriendly,  and  them- 
selves copper-colored,  their  admiration  was  unbounded  at 
the  white  skins  of  the  strangers,  their  apparel  and  their  great 
ships,  while  the  thunder  and  lightning  from  their  muskets 
filled  them  with  awe. 

A  few  days  later  Barlow  proceeded  in  his  boat  to  Roa- 
noke Island,  the  distance  being  seven  leagues,  or  about 
twenty  miles,  and  visited  Granganimeo,  brother  to  the  King 
Wingina,  who  lived  with  his  wife  in  great  state  on  that 
island.  The  country  was  called  by  the  natives  Wingandacoa ; 
and  on  the  mainland  were  Secotan,  Newsiok,  and  other 
territories.  For  six  weeks  the  explorers  remained,  making 
excursions  in  all  directions.  July  and  August  are  delight- 
ful months  in  those  landlocked  sounds,  and  all  were  charmed 
by  the  natural  advantages  of  that  region  as  a  place  for 
settlement.  The  beautiful  flowers,  the  magnificent  forests, 
the  noble  watercourses,  the  abundance  of  game,  the  new  and 
valuable  plants,  possessing  medicinal  properties,  all  com- 
bined to  make  this  summer  land  appear  to  be  a  glorious 
home  for  the  proposed  colony.  And  it  must  be  remembered 
that  the  company  on  board  the  ships  had  been  especially 
selected  as  men  of  experience  for  the  purpose  of  ascertain- 
ing a  desirable  location  for  the  English  settlement. 

At  length,  taking  specimens  of  the  natural  products,  the 
prized  sassafras  and  the  fragrant  tobacco,  and  accompanied 
by  two  young  Indian  men,  Manteo  and  Wanchese,  Amadas 
and  Barlow  spread  their  sail  and  turned  their  prows  home- 
ward, reaching  England  safely- about  the  middle  of  Septem- 
ber. The  happy  return  of  the  explorers  caused  much  en- 
thusiasm in  England.  Manteo  and  Wanchese  excited  wide- 
spread interest  among  all  classes,  while  the  accounts  given 
by  Amadas  and  Barlow  and  their  companions  of  the  new 
land  they  had  found  led  many  to  look  with  longing  eyes 
toward  such  an  alluring  country.  Elizabeth,  pleased  at  being 
mistress  of  so  fair  a  realm,  and  gratified  at  Raleigh's  success, 


28  EXPLORATIONS,  1584 

ljf*  conferred  knighthood  on  him  as  a  mark  of  her  favor,  and 

at  his  solicitation  named  his  possessions  in  America  Virginia, 
as  a  memorial  of  herself,  who  had  remained  through  life  a 
virgin  queen,  and  Parliament  manifested  its  applause  and 
its  hope  of  important  commercial  benefits  by  confirming  and 
ratifying  the  queen's  patent  with  all  of  its  high  powers  and 
exclusive  privileges. 

Conditions  in  America 

Many  years  before,  the  Spaniards  had  explored  and 
claimed  Florida;  and  when,  in  1564,  a  French  settlement 
had  been  made  on  the  river  May  by  some  Huguenots  under 
CoUmUi  6  Ribault,  at  Fort  Carolina,  the  Catholic  Spaniards  asserted 
dominion  and  put  them  to  the  sword.  In  Canada,  at  the  far 
north,  the  French  had  made  explorations  and  claimed  the 
possession,  but  between  Florida  and  Canada  the  wilderness 
was  unbroken ;  and  when  Amadas  and  Barlow  landed  on 
the  sandy  shore  near  Cape  Hatteras  and  raised  there  the 
meteor  flag  of  England  and  took  possession  of  the  country 
for  the  English-speaking  race,  it  was  the  first  step  in  a  series 
of  events  of  the  utmost  consequence  to  mankind.  The  limits 
of  Virginia  were  the  undefined  bounds  of  Canada  at  the 
north,  and  of  Florida  at  the  south ;  the  Atlantic  on  the  one 
hand  and  the  South  Sea  on  the  other ;  and  that  vast  expanse, 
so  long  a  solitude,  was  in  the  course  of  time  to  become  the 
home  of  the  greatest  of  all  the  nations  of  the  earth. 

Fortunate,  indeed,  was  it  for  America  and  for  humanity 
that  this  first  lodgment  on  our  stormy  coast  was  by  a  race 
devoted  to  the  Protestant  faith,  ardently  attached  to  freedom 
and  personal  liberty,  and  trained  to  the  usages  and  customs 
of  the  realm  of  England.  Different  certainly  the  world's 
history  would  have  been  had  Raleigh  not  blazed  the  way 
in  English  colonization,  and  had  the  dominion  of  the  Span- 
iards under  the  papal  bull  of  Alexander  been  permanently 
established  throughout  the  Atlantic  slope  of  America. 


CHAPTER  III 
Lane's  Colony,  1585-86' 

Lane's  colony. — Arrival  at  Wokokon. — Secotan  visited. — Aquasco- 
goc  burned  by  Grenville. — Disembarkation  at  Hattorask. — Settle- 
ment at  Roanoke. — Fort  Raleigh. — Explorations. — Manteo  friendly. — 
Wanchese  hostile. — The  peril  of  famine. — Lane  penetrates  the 
Chowanoak ;  seizes  Skyco ;  ascends  the  Moratoc. — Food  exhausted. — 
The  Indian  conspiracy. — The  hostiles  gather  at  Dasamonquepeuc. — 
Lane  strikes  a  blow  and  secures  safety. — The  arrival  of  Drake. — The 
departure  of  the  colonists. — Arrival  of  Grenville's  fleet. — Fifteen 
men  left  to  hold  possession. 

The  first  colony 

Hastening  to  lay  the  foundations  of  a  regal  domain  and  1585 

with  an  eager  anticipation  of  rich  returns  from  his  com- 
mercial dealings,  Sir  Walter  now  prepared  a  second  expe- 
dition, which  was  to  transport  a  hundred  colonists  for  settle- 
ment in  Virginia.  Provisions  were  collected  for  a  year's 
subsistence,  by  which  time  a  new  supply  was  to  be  furnished. 
The  colonists  were  to  be  under  the  authority  of  Ralph  Lane, 
as  governor,  who  was  chosen  for  this  important  post  because 
he  had  already  given  the  world  assurance  of  his  bravery, 
capacity,  and  resourcefulness.  Among  the  enterprising  men 
of  that  day  he  ranked  high  for  energy,  courage  and  versatile 
powers.  Barlow,  who,  years  before,  had  served  with 
Raleigh  in  Flanders,  was  again  to  be  with  the  party,  and  was 
to  remain  in  Virginia  as  admiral ;  while  Cavendish,  after- 
ward famous  as  a  bold  and  skilful  navigator,  Thomas 
Hariot,  highly  distinguished  as  a  mathematician  and  scien- 
tist, and  John  White,  whose  maps  and  admirable  sketches, 
made  in  Virginia,  are  still  extant,  and  who  was  deeply  inter- 
ested in  the  work  of  colonization,  were  likewise  members  of 
the  company.  At  length,  the  preparations  being  completed, 
a  fleet  of  seven  vessels,  all  small,  however,  and  capable  of 
entering  the  inlets  of  the  Virginia  sounds,  under  the  com- 
mand of  Sir  Richard  Grenville,  a  kinsman  of  Sir  Walter 
Raleigh,  and  famous  for  his  skill  and  bravery,  set  sail  from 
Plymouth  on  April  9,  1585.    After  various  adventures  that 


30  LANE'S  COLONY,  1585-86 

lJg2  caused  delay,  the  fleet  passed  the  Cape  Fear  on  June  23d, 

and  two  days  later  came  to  anchor  at  Wokokon,  now  known 

The  arrival,  as  Ocracoke,  southwest  of  Cape  Hatteras.  One  of  the 
vessels,  under  Captain  Raymond,  had,  however,  preceded  the 
others,  and  having  reached  the  vicinity  twenty  days  earlier, 
had  disembarked  thirty-two  men  at  Croatoan,  a  part  of  the 
sandbanks  nearer  the  cape,  that  island  also  being  called  the 
"Admiral's  Island, "  and  Cape  Hatteras  itself  was  known  as 
Cape  Amadas. 

Exploration  on  the  mainland 

Some  ten  days  were  spent  in  examining  the  vicinity,  and 
then,  on  July  nth,  a  considerable  party  embarked  in  four 
large  boats,  and  taking  provisions  for  eight  days,  passed 
over  to  the  mainland,  bordering  on  Pamlico  Sound.  They 
visited  the  Indian  town  of  Pomeiok,  and  the  great  lake, 
Paquipe,  and  the  town  of  Aquascogoc,  and  then  Secotan, 
and  explored  the  rivers  of  that  region.  During  the  expedi- 
tion an  Indian  at  Aquascogoc  stole  a  silver  cup  from  Sir 
Richard  Grenville,  and  not  restoring  it,  according  to  prom- 
ise, Sir  Richard  went  back  from  Secotan  to  that  town  for  the 
purpose  of  regaining  it;  but  the  Indians  had  fled.  So  Sir 
Richard,  to  punish  the  theft,  burned  and  spoiled  their  corn, 
which  set  those  savages  at  enmity  with  the  English. 

Having  gained  some  familiarity  with  those  southern  parts, 
the  admiral  weighed  anchor,  and  turning  the  cape,  reached 
Hattorask  Inlet,  having  previously  advised  King  Wingina 
at  Roanoke  Island  of  their  coming.  The  colonists  were  ac- 
companied by  Manteo  and  Wanchese.  The  former  had  been 
strengthened  in  his  friendship  for  the  English,  but  the  latter, 
whether  because  of  apprehensions  of  their  great  power, 
which  he  had  beheld  in  England,  or  because  he  belonged  to 
that  tribe  on  the  Pamlico  whose  corn  Sir  Richard  had  de- 
stroyed, displayed  an  unfriendly  disposition  toward  them, 
bndi  Arriving     at     Hattorask,     the     settlers     disembarked     on 

Aug.  i7;i58S  August  17th,  and  landed  on  Roanoke  Island.  Who  now  can 
enter  fully  into  the  feelings  of  those  first  adventurers,  who 
in  that  summer  time  made  their  lodgment  in  the  New 
World!  The  unknown  country,  the  placid  waters  of  the 
great  sound,  the  delightful  atmosphere  and  brilliant  sunshine, 


LANE  SETTLES  ON  ROANOKE  ISLAND  31 

and  their  difficult  intercourse  with  the  untutored  savages  %&s 

who  'gathered  around  them — with  their  strange  color,  man- 
ners, and  customs — and  themselves  so  far  removed  from 
their  distant  homes — must  have  been  constant  subjects  of 
reflection,  mingling  pleasure  and  apprehension,  gratifying 
their  spirit  of  adventure,  and  fostering  hopes  of  personal 
reward,  but  ever  startling  them  with  the  extreme  novelty 
of  their  situation.  A  week  after  the  landing  Grenville  took 
his  departure,  leaving  the  colonists  established  on  Roanoke 
Island. 

Fort  Raleigh  on  Roanoke  Island 

Lane  at  once  began  the  erection  of  dwelling  houses  at  a 
convenient  point  on  the  northern  end  of  the  island,  and  con- 
structed a  fort  there,  which  he  called  Fort  Raleigh;  and 
from  there  excursions  were  made  in  every  direction  to  get  a 
better  acquaintance  with  the  country  and  its  products.  To 
the  southward  they  went  eighty  miles  to  Secotan,  that  lay 
near  the  mouth  of  the  Neuse ;  to  the  north  they  reached  the 
Chesipeans,  some  fifteen  miles  inland  from  the  head  of 
Currituck  Sound,  and  temporarily  a  small  number  of  the 
English  established  themselves  in  that  region.  From  those 
Indians,  as  well  as  from  information  derived  from  those 
on  the  Chowan,  Lane  learned  that  there  was  a  larger  and 
better  harbor  not  far  distant  to  the  northward.  On  the  Lane 
west  they  penetrated  to  Chowanoak,  a  large  Indian  town  cxplorc* 
on  the  Chowan  River,  and  in  that  region  they  found  an 
Indian  sovereign,  or  Weroance,  who  ruled  about  eight  hun- 
dred warriors,  having  subject  to  him  eighteen  towns.  These 
towns,  however,  never  consisted  of  more  than  thirty  houses, 
and  generally  of  only  ten  or  twelve.  The  houses  were  made 
with  small  poles  fastened  at  the  top,  the  sides  being  covered 
with  bark,  and  usually  about  twenty  feet  long,  although  some 
were  forty  and  fifty  feet,  and  were  divided  into  separate 
rooms. 

In  these  explorations  the  colonists  ascended  the  various 
rivers  emptying  into  the  sound,  and  became  familiar  with  the 
adjacent  country.  Hariot  devoted  himself  to  the  study  of 
the  natural  history  of  the  region  and  wrote  a  valuable  ac- 
count of  the  animals,  the  vegetables,  the  plants,  and  the  trees 


32 


LANE'S  COLONY,  1585-86 


1586 


The  spring 
of  1586 


Lane's 
expedition 
up  the 
Mora  toe 


found  there,  and  White  made  many  sketches  that  are  still 
preserved  in  the  British  Museum. 

Famine  threatens  the  colonists 

Among  the  savages,  Ensinore,  the  old  father  of  Wingina 
and  Granganimeo,  and  Manteo  were  friendly  with  the  white 
strangers ;  but  the  other  chieftains  were  not  favorable  to  them, 
although  their  bearing  was  not  openly  hostile.  Granganimeo 
unfortunately  died  shortly  after  the  arrival  of  the  colonists, 
and  upon  that  event  Wingina,  the  king,  according  to  some 
usage,  took  the  name  of  Pemisapan,  and  as  time  passed  he  be- 
gan to  intrigue  against  the  English,  in  which  he  was  joined 
by  Wanchese,  Terraquine,  Osacan,  and  other  head  men  of  the 
Indians.  Relying  on  an  additional  supply  of  provisions  by 
Easter,  the  colonists  had  been  improvident,  and  by  spring 
had  exhausted  their  stock,  and  the  planting  time  of  vege- 
tables and  corn  had  hardly  come  when  they  found  them- 
selves without  food.  Their  reliance  now,  temporarily  at 
least,  was  on  the  corn  of  the  Indians,  and  that  was  difficult  to 
obtain.  Their  situation  had  become  one  of  peril,  especially 
as  the  Indians  were  reluctant  to  supply  them.  Pemisapan, 
understanding  their  difficulties,  and  at  heart  their  enemy, 
now  warily  devised  a  plan  for  their  destruction.  He  instilled 
into  the  Chowanists  and  into  the  Mangoaks,  a  strong  and 
warlike  tribe  inhabiting  the  region  on  the  Moratoc,  or  Roa- 
noke River,  that  the  English  were  their  enemies;  and  then 
he  informed  Lane  that  the  Mangoaks  had  much  corn  and 
that  there  were  rich  mines  of  gold  and  copper  and  other 
minerals  in  their  country,  and  that  they  possessed  stores 
of  pearls  and  precious  stones.  This  appealed  strongly  to 
Lane's  cupidity,  and  he  eventually  determined  to  visit  them, 
and  applied  to  Pemisapan  for  guides,  and  three  Indians 
besides  Manteo  were  assigned  to  accompany  him.  So  in 
March  Lane  set  out  on  his  expedition,  taking  the  pinnace  and 
two  smaller  boats,  with  some  fifty  or  sixty  men.  He  visited 
all  the  towns  on  the  water's  edge,  and  was  especially  pleased 
with  some  high  land  seen  before  reaching  Chowanoak,  sub- 
ject to  that  king.  wrhere  there  was  a  goodly  cornfield  and  a 
town  called  Ohanoak.  Arriving  at  Chowanoak,  he  found  a 
considerable  assemblage  there,  the  King  Menatonon  and  his 


LANE  EXPLORES  ROANOKE  RIVER  33 

people  being  under  apprehension  that  the  English    were  Jjjf 

enemies  to  them.  Although  Lane  as  a  precautionary 
measure  seized  the  person  of  the  king  and  his  young  son, 
Skyco,  he,  nevertheless,  was  able  to  disarm  their  fears,  and 
during  a  sojourn  of  two  days  with  them  obtained  consider- 
able information  concerning  the  Mongoaks  and  their  coun- 
try, and  also  learned  that  by  ascending  the  Chowan  two  days 
in  a  boat  he  would  be  within  a  four  days'  journey,  by  land, 
of  a  king's  country  that  lay  upon  the  sea.  Obtaining  some 
corn  from  Menatonon,  and  keeping  Skyco  as  a  hostage  for 
further  kindness,  he  sent  the  young  Indian  prince  in  the 
pinnace  to  the  fort,  and  with  the  remaining  boats  and  forty 
men  pushed  on  up  the  Moratoc.  His  progress  was  slow, 
and  he  observed  the  difference  between  the  strong  current 
of  that  river  and  the  sluggish  waters  of  the  great  estuaries 
of  the  broad  sound  of  Weapomeiok,  as  the  country  north 
of  Albemarle  Sound  was  then  called. 

The  Mongoaks  proved  hostile,  and  when  he  had  ascended 
the  river  two  days,  having  progressed  about  thirty  miles, 
they  made  an  attack  that  was,  however,  easily  repulsed. 
Then  penetrating  into  the  country,  Lane  found  that  the  JfnxJ>lo^atio,l 
savages  withdrew  before  him,  removing  all  their  corn  and  •urvalion 
leaving  nothing  on  which  his  men  could  subsist.  His  pro- 
visions being  nearly  out,  he  left  it  to  the  men  to  determine 
whether  they  should  return  or  proceed;  but  they  had  two 
large  mastiffs  with  them,  and  the  men,  declaring  that  the 
dogs  prepared  with  sassafras  would  be  good  for  two  days' 
food,  would  not  then  abandon  the  expedition ;  and  so  they 
pushed  on  farther,  but  without  any  favorable  result.  At 
length,  in  danger  of  starvation,  and  their  strength  failing, 
they  turned  clown  stream,  and  in  one  day  reached  an  island 
at  the  month  of  the  river. 

Their  provisions  now  were  entirely  exhausted ;  but  here, 
because  of  a  heavy  wind  raising  great  billows  in  the  sound, 
they  were  constrained  to  remain  the  whole  of  the  next  day. 
It  was  Easter  eve:  and  Lane  says  they  truly  kept  the  fast. 
But  Easter  morn  brought  them  new  hope,  and  the  storm 
ceasing,  they  entered  the  sound,  and  by  four  o'clock  reached 
the  Indian  town  of  Chepanum  (apparently  on  Durant's 
Neck,  between  Little  and  Perquimans  rivers),  which  they 


34  LANE'S  COLONY,  1585-86 


lJ*i  found  deserted ;  but  fortunately  there  were  fish  in  the  weirs 

that  furnished  timely  food ;  "for  some  of  our  company  of  the 
light-horsemen  were  far  spent,"  those  sailors  who  managed 
the  canoes  or  light  boats  since  called  gigs  being  facetiously 
designated  as  "light-horsemen." 

The  next  morning,  refreshed  and  strengthened,  they  re- 
sumed their  journey  and  returned  to  Roanoke  in  safety. 

The  Indians  become  hostile 

In  their  absence,  Pemisapan  had  stirred  up  the  neighbor- 
ing Indians  to  enmity  against  the  remaining  colonists,  and 
hoping  that  his  devices  for  the  destruction  of  Lane's  party 
had  succeeded,  he  sought  to  strengthen  the  resolution  of  his 
followers  by  declaring  that  Lane  and  his  party  had  either 
died  of  starvation  or  had  been  cut  off  by  the  Mongoaks. 
Ensinore,  who  had  urged  more  friendly  counsels,  had  un- 
fortunately died  toward  the  end  of  March,  and  there  was 
now  no  influence  to  counteract  Pemisapan's  hostility;  and 
urged  by  him,  the  Indians  would  no  longer  render  any  assist- 
ance in  the  way  of  obtaining  either  fish  or  other  food,  and 
the  situation  of  the  colony  was  becoming  extremely  critical. 
The  protracted  absence  of  Lane's  party  added  to  their  de- 
spondency, while  it  gave  color  to  the  report  of  their  destruc- 
„    .  tion.    Such  was  the  deplorable  condition  on  the  island  when 

Pemisapan  l  .     f  . 

piott  Lane  s    reappearance,   contrary   to    the   prophecies    of   his 

enemies,  together  with  the  accounts  given  by  the  Indians 
who  had  accompanied  him  of  the  ease  with  which  he  had 
overcome  those  Mongoaks  who  had  fought  him,  caused  a 
reaction  in  favor  of  the  whites,  and  the  Indians  once  more 
began  to  set  weirs  for  them  and  aided  them  in  planting  corn, 
the  planting  season  having  now  arrived.  Still,  until  relief 
should  come  from  England,  or  the  crops  just  planted  should 
mature,  the  colonists  had  to  rely  on  such  supplies  as  they 
could  gather  for  themselves.  In  this  extremity  resort  was 
had  to  the  oyster  beds  found  in  the  sound;  and  the  better 
to  subsist,  the  men  were  divided  into  small  companies,  and 
located  at  different  points.  Captain  Stafford  and  twenty 
others  were  sent  to  Croatoan,  where,  while  getting  oysters, 
they  could  watch  for  the  approach  of  the  expected  vessels 


s! 

o  Q 
5  s 


g  £ 

si 


•    •     • 


THE  CONSPIRACY  OF  PEMISAPAN  35 

bearing  relief ;  at  Hattorask  a  dozen  more  were  stationed  for  jJJ 

the  same  purpose,  while  every  week  companies  of  fifteen 

or  twenty  were  sent  to  the  mainland  to  hunt  for  food.    Thus 

they  managed  to  exist  through  the  month  of  May,  waiting 

and   watching  in   vain   for  the   promised   supplies   from 

home. 

In  the  meantime,  Pemisapan,  while  preserving  a  friendly 
guise,  began  to  plot  anew  against  them,  and  instigated  the 
hostile  Indians  to  take  the  whites  at  a  disadvantage,  falling 
upon  them  while  scattered  and  cutting  them  off  in  detail. 
To  carry  out  this  scheme  he  proposed  to  hold  a  great 
assembly  of  Indians,  to  last  a  month,  by  way  of  solemnizing 
the  death  of  his  father,  Ensinore.  This  meeting  was  to  be 
held  on  the  mainland,  at  Desamonquepeuc,  opposite  Roanoke 
Island ;  and  besides  seven  hundred  neighboring  warriors,  it 
was  to  be  attended  by  an  equal  number  of  the  Mangoaks 
and  Chesipeans,  who  were  to  come  and  lie  secretly  in  the 
woods  until  the  signal  fires  should  give  them  the  order  to 
rise.  As  a  part  of  the  same  plan,  it  was  arranged  that 
Terraquine,  one  of  Pemisapan's  chieftains,  with  twenty  men, 
should  set  fire  to  the  thatched  roof  of  Lane's  house,  and  when 
he  should  come  out,  they  were  to  murder  him.  Another 
leader  and  squad  were  to  deal  with  Hariot  the  same  way; 
and,  similarly,  all  of  the  principal  men  of  the  colony  were 
to  be  surprised  and  overcome.  Toward  the  end  of  May 
the  neighboring  Indians  began  to  assemble  on  Roanoke 
Island,  the  night  of  June  ioth  being  the  time  appointed  for 
the  others  to  meet  and  carry  into  effect  the  murderous 
plot. 

Skyco,  being  the  son  of  a  king,  on  reaching  the  island 
had  been  taken  by  Pemisapan  to  reside  with  his  own  family, 
and  as  the  young  prince  was  held  a  prisoner  and  was  deemed 
hostile  to  the  English,  the  plot  became  known  to  him ;  but  imSi 
Lane  had  treated  him  with  kindness  and  consideration,  and  lhc  plot 
the  young  boy  in  gratitude  revealed  to  him  all  the  details  of 
the  conspiracy.  Confronted  with  such  an  emergency, 
Lane's  strength  of  character  and  resolution  promptly  dis- 
played itself.  Had  he  been  a  weaker  man,  not  so  resource- 
ful, the  colonists  would  probably  have  fallen  victims  to 
Indian  strategy. 


Lane  strikes 


36  LANE'S  COLONY,  1585-86 

Lane's  strategy 

1586  Pemisapan  had  gone  over  to  the  mainland,  ostensibly  to 

see  about  his  growing  corn  crops,  but  really  to  attend  to 
collecting  the  hostile  Indians.  Lane,  realizing  that  safety 
could  only  be  secured  by  the  death  of  this  wily  foe  and  of 
his  coadjutors,  resolved  on  an  immediate  stroke.  He  sent 
him  word  to  return  to  the  island,  for  having  heard  of  the 
arrival  of  his  fleet  at  Croatoan,  he  himself  proposed  to  go 
there ;  and  he  wished  Pemisapan  to  detail  some  of  his  men 
to  fish  and  hunt  for  him  at  Croatoan,  and  he  also  wanted 
to  purchase  four  days'  supply  of  corn  to  take  with  him. 
Pemisapan,  however,  did  not  fall  into  the  trap;  but  while 
promising  to  come,  postponed  doing  so  from  day  to  day, 
waiting  for  the  assembling  of  the  hostile  Indians.  At  length, 
on  the  last  of  May,  all  of  Pemisapan's  own  people  having  be- 
gun to  congregate  on  the  island,  Lane  determined  to  wait 
no  longer.  So  that  night  he  ordered  "the  master  of  the 
light-horsemen,"  as  he  termed  his  chief  boatman,  with  a  few 
others  to  gather  up  at  sunset  all  the  canoes  in  the  island,  so 
as  to  prevent  any  information  being  conveyed  to  the  main- 
land. As  the  "light-horsemen"  were  performing  this  duty, 
they  saw  a  canoe  departing  from  the  island,  and  in  seizing  it 
two  of  the  savages  were  killed.  This  aroused  the  Indians 
who  were  present,  and  they  at  once  took  themselves  to  their 
bows  and  the  Englishmen  to  their  muskets.  Some  few  of 
the  savages  were  killed  in  the  encounter  and  the  others  fled 
down  the  island.  At  dawn  the  next  morning,  with  the  "light- 
horsemen"  and  a  canoe  carrying  twenty-five  others,  with  the 
"colonel  of  the  Chesipeans,"  and  "the  sergeant  major,"  Lane 
hastened  to  the  mainland,  and  sent  word  to  Pemisapan  that 
he  was  coming  to  visit  him,  as  he  wras  about  to  depart 
for  Croatoan,  and  wished  to  complain  of  the  conduct  of 
Osacan,  who  the  night  before  had  tried  to  convey  away  the 
prisoner  Skyco,  whom  he  had  there  handcuffed.  The  Indian 
king,  ignorant  of  what  had  happened  on  the  island,  and  not 
suspecting  any  hostile  purpose,  received  Lane  and  his  at- 
tendants, who,  coming  up,  found  him  surrounded  by  seven 
or  eight  of  his  principal  Weroances,  together  with  many 
other  warriors. 


COLONISTS  RETURN  TO  ENGLAND  37 

As  soon  as  they  met,  Lane  gave  the  agreed  signal,  "Christ,  2jf 

our  Victory,"  and  immediately  the  colonel  of  the  Chesipeans, 
the  sergeant  major,  and  their  company  opened  fire,  and 
Pemisapan  and  his  chief  men  were  slain  and  the  others  dis- 
persed. A  blow  so  sudden  and  terrible  paralyzed  the 
Indians ;  the  plot  was  abandoned  and  the  danger  averted. 

Drake  arrives  and  the  colonists  return  to  England 

A  week  later,  on  June  8th,  the  colony  was  thrown  into  an 
ecstasy  of  excitement  by  the  hasty  arrival  of  a  messenger 
from  Stafford,  who  reported  seeing  off  Croatoan  a  fleet  con- 
sisting of  more  than  twenty  vessels ;  but  war  had  the  year 
before  broken  out  between  Spain  and  England,  and  it  was 
not  at  first  known  whether  the  ships  belonged  to  friends 
or  foes.  The  next  day,  however,  Stafford  himself  came, 
having  walked  twenty  miles  by  land,  bringing  a  letter,  prof- 
fering food  and  assistance,  from  Sir  Francis  Drake,  then 
at  Hattorask,  who  had  just  returned  from  sacking  Santo  Do- 
mingo, Cartagena  and  St.  Augustine.  With  a  joyful  heart, 
Lane  hastened  to  the  fleet  "riding  at  his  bad  harbor" ;  and 
Drake  proposed  to  leave  him  a  sufficient  supply  of  provisions 
and  a  small  vessel  that  could  pass  the  inlet  and  lie  within 
the  sound.  But  before  the  necessary  arrangements  were 
completed  a  terrific  storm  came  up  that  lasted  three  days, 
and  the  vessel  which  was  to  have  been  left  was  blown  to 
sea  and  did  not  return ;  and  much  damage  was  done  to  the 
other  ships  of  the  fleet,  and  many  pinnaces  and  smaller  boats 
were  entirely  lost.  After  the  storm  had  abated,  Drake 
offered  to  leave  another  vessel,  but  he  then  had  none  that 
could  enter  the  harbor;  so  the  ship,  if  left,  would  have  had 
to  remain  on  the  perilous  coast.  As  an  alternative  propo- 
sition Drake  offered  to  take  the  colonists  aboard  and  trans- 
port them  to  England.  After  consideration,  it  was  deemed 
best  to  accept  this  last  offer,  and  the  different  companies 
into  which  the  colony  had  been  broken  being  again  collected, 
they  embarked  on  June  19th  and  safely  reached  Portsmouth 
on  July  27th.  Thus,  after  a  nine  months'  residence,  ended  first  c°oiony 
the  first  attempt  to  plant  a  colony  on  Roanoke  Island. 

In  the  meantime,  a  bark  bearing  advice  that  a  new  fleet 
was  coming  had  been  despatched  from  England,  and  some- 


38  LANE'S  COLONY,  1585-86 

«sj6  what  later  Sir  Richard  Grenville  sailed  with  three  vessels 

freighted  with  supplies  and  bringing  other  colonists.  The 
first  bark  arrived  immediately  after  the  departure  of  Lane, 
and  finding  the  settlement  abandoned,  returned  to  England ; 
but  when  Sir  Richard  came,  a  fortnight  later,  he  remained 
three  weeks  searching  for  the  settlers  and  making  explora- 
tions ;  and  then  putting  fifteen  men  in  the  fort,  with  an  ample 
supply  of  provisions,  he  sailed  away  on  a  cruise  against  the 
Spaniards. 


CHAPTER  IV 

White's  Colony,  1587-91 

Raleigh's  embarrassments.— Conveys  an  interest  in  Virginia  to 
Thomas  Smith,  John  White,  and  associates. — The  Citie  of  Raleigh  in 
Virginia. — White's  colony  departs. — Howe  murdered. — White  de- 
spoils the  fields  of  the  hostiles. — Baptism  of  Manteo. — Birth  and 
christening  of  Virginia  Dare. — White  returns  to  England. — The 
Armada.— White's  first  attempt  to  return  to  Virginia.— -Raleigh 
makes  further  conveyance  of  his  interest. — White  sails  in  Feb- 
ruary, 1591. — Finds  colony  removed. — Mace's  voyage. — Elizabeth 
dies. — Raleigh  arrested  for  treason.— The  settlement  at  Jamestown. — 
Fate  of  the  Lost  Colony. 

Raleigh's  Embarrassments 

The  unexpected  return  of  Lane's  colonists  greatly  disap-  I586 

pointed  Raleigh.    His  efforts  at  exploration  and  colonization  ~^~ 

had  involved  great  expenditures.  He  had  already  disbursed 
forty  thousand  pounds  in  the  enterprise,  a  sum  approximat- 
ing in  this  age  half  a  million  dollars,  and  that  at  a  period 
when  there  was  no  great  accumulation  of  wealth  in  England. 
He  had  now  been  at  court  some  years  and  was  a  member 
of  Parliament;  and  his  fine  powers  and  accomplishments, 
his  versatility  of  genius  and  varied  learning,  commended  him 
to  the  high  favor  of  the  queen,  who  gave  substantial  evi- 
dence of  her  inclination  to  push  his  fortunes.  In  1584  she 
had  bestowed  on  him  a  grant  of  twelve  thousand  acres  of 
forfeited  land  in  Munster,  Ireland,  which  he  attempted  to 
colonize  with  English  tenants  and  where  he  employed  a 
large  force  in  cutting  timber  for  market,  which,  however, 
did  not  turn  out  a  profitable  enterprise.  Also,  beginning 
in  the  same  year,  he  received  annually  for  five  years  profit- 
able grants  allowing  him  to  export  quantities  of  broadcloth 
from  England — a  sort  of  monopoly ;  and  he  likewise  obtained 
a  lucrative  monopoly  in  the  grant  of  the  "farm  of  wines," 
vesting  in  him  the  power  of  selling  licenses  for  the  vending 
of  wine  and,  in  some  measure,  of  regulating  the  price  of 
that  commodity  throughout  the  kingdom.  Some  months 
after  Lane's  return,  on  the  attainder  of  Anthony  Babbington, 


4o 


WHITE'S  COLONY,  1587-91 


1585 


Edwards' 
Life  of 
Raleigh 


1586 


The 
corporation 


the  queen  was  also  pleased  to  bestow  on  Raleigh  all  of  the 
estates  that  had  come  to  the  Crown  by  the  attainder,  which 
gave  him  rich  manors  and  broad  acres  in  five  counties  of 
England.  In  July,  1585,  when  the  war  broke  out  with  Spain, 
he  was  created  Lord  Warden  of  the  Stannaries  (Cornwall 
and  Devon)  and  Vice- Admiral  of  Cornwall  and  Devon ;  and 
two  years  later  he  was  appointed  captain  of  the  Queen's 
Guard,  the  office  of  a  courtier,  to  succeed  Hatton,  who  was 
to  become  Lord  Chancellor.  But  neither  his  outlays  in  Ire- 
land nor  his  expenditures  for  Virginia  had  yielded  him  any 
return,  while  his  living  at  court,  where  he  indulged  in  mag- 
nificent display,  involved  large  expenses. 

The  Citie  of  Raleigh  in  Virginia 

Such  were  his  circumstances  when  Lane's  colony  returned 
to  England  in  the  fall  of  1586.  But  unwilling  to  abandon 
the  enterprise  and  still  hoping  for  profit  from  establishing 
a  trade  in  Virginia,  he  now  determined  to  associate  mer- 
chants with  him  who  would  share  the  profits  and  the  ex- 
penses. At  that  time  some  of  the  wealthy  merchants  of 
London  were  looking  with  eager  eyes  for  new  avenues  of 
trade  and  commerce.  Chief  among  these  was  Thomas 
Smith,  whose  subsequent  enterprises  led  to  his  receiving 
knighthood  at  the  hands  of  his  appreciative  sovereign ;  and 
of  their  number  was  Richard  Hakluyt,  to  whom  posterity  is 
indebted  for  the  collection  and  publication  of  many  narra- 
tives of  exploration  and  discovery  in  that  interesting  period. 
To  Smith  and  eighteen  other  merchants  who  risked  their 
money  in  the  enterprise  Raleigh  granted  free  trade  forever 
with  his  colony  in  Virginia,  and  to  thirteen  others  he 
assigned  the  right  of  governing  the  colony.  Of  these  John 
White,  who  had  been  in  all  the  previous  expeditions  to  Vir- 
ginia, was  constituted  the  governor,  and  the  other  twelve, 
who  also  were  to  accompany  the  colony,  were  nominated 
his  assistants;  among  them  Ananias  Dare  and  Dionysius 
Harvie,  who  carried  their  wives  with  them,  and  the  former 
of  whom  was  White's  son-in-law.  These  thirteen  Raleigh, 
by  patent,  under  the  powers  contained  in  his  own  charter, 
on  January  7,  1587,  erected  into  a  corporation  under  the 
name  of  "The  Governor  and  Assistants  of  the  Citie  of 


RALEIGH  ASSIGNS  TQ  A  CORPORATION  41 

Raleigh  in  Virginia" ;  and  the  nineteen  merchants  were  made  ffi 

members,  "free  of  the  corporation." 

A  permanent  settlement  attempted 

These  preliminaries  being  arranged,  a  new  colony  was  col- 
lected, consisting  of  one  hundred  and  twenty-one  persons,  of 
whom  seventeen  were  women,  twelve  apparently  being  wives 
accompanying  their  husbands,  and  nine  being  children.  On  A  „  x  8 
April  26,  1587,  three  vessels  bearing  the  colonists  left  Ports- 
mouth for  Plymouth ;  and  on  May  8th  finally  took  their  de- 
parture from  that  port  for  Hattorask,  where,  after  many 
adventures,  two  of  them  arrived  on  July  22d,  and  a  few  days 
later  the  other.  Raleigh  had  given  written  directions  that 
after  taking  in  the  fifteen  men  left  by  Grenville  the  vessels 
were  to  proceed  to  Chesapeake  Bay,  where  a  new  settlement 
was  to  be  made,  and  such  was  the  purpose  of  Governor 
White.  But  when  White  with  a  part  of  his  men  had  left 
the  ship  to  visit  Roanoke  Island  for  the  purpose  of  taking 
off  the  fifteen  men,  Ferdinando,  the  admiral,  influenced  the 
sailors  to  say  that  they  could  not  be  received  back  into  the 
ship,  thus  constraining  all  the  colonists  to  disembark.  At  The  colony 
sunset  White's  boat  reached  the  island,  but  the  only  trace 
he  could  find  of  the  men  left  by  Grenville  was  the  bones 
of  one  that  lay  unburied  where  he  had  been  slain.  The  fort 
had  been  razed  down,  but  the  cottages  were  still  standing, 
some  of  the  outer  planks,  however,  being  torn  off.  Forced 
to  remain  there,  White  set  the  men  at  once  to  work  to  repair 
the  buildings  and  to  construct  others.  The  colonists  had 
hardly  gotten  established  in  their  new  homes,  when  George 
Howe,  one  of  the  assistants,  having  strayed  off  two  miles 
from  the  fort  catching  crabs  on  the  shore  opposite  the  main- 
land, was  set  upon  by  some  savages,  receiving  sixteen 
wounds  from  arrows,  and  was  slain.  This  was  an  evidence 
of  hostility  that  White  at  once  sought  to  allay.  He  sent 
Stafford  with  twenty  men,  accompanied  by  Manteo,  who 
along  with  another  Indian,  Towaye,  had  gone  to  England 
and  had  now  returned,  to  Croatoan,  where  Manteo's  mother 
and  kindred  were;  and  from  these  friendly  Indians  it  was 
learned  that  some  savages  from  the  mainland  had  taken  the 
men  left  by  Grenville  unawares,  had  killed  some  of  them, 


settled 


42  WHITE'S  COLONY,  1587-91 

1587  set  fire  to  the  house  where  they  had  taken  refuge,  and  driven 

them  from  the  island ;  they  taking  their  boat  and  going  to 
an  island  near  Hattorask,  after  which  they  had  never  been 
seen.  They  also  said  that  it  was  a  remnant  of  Wingina's 
men  dwelling  at  Dasamonquepeuc  who  had  slain  Howe.  To 
establish  more  amicable  relations  with  these  hostile  Indians, 
the  Croatoans  were  requested  to  go  over  to  their  towns  and 
proffer  them  the  friendship  of  the  English,  who  promised 
to  forgive  and  forget  all  past  offences;  and  it  was  agreed 
that  this  embassy  was  to  return  with  the  answer  within  seven 
days.  At  the  end  of  the  time,  no  answers  being  received, 
White  deemed  it  best  to  strike  a  blow  to  show  that  the 
colonists  were  to  be  dreaded.  At  night,  accompanied  by 
Stafford  and  twenty-four  men  and  Manteo,  he  crossed  over 
to  Dasamonquepeuc  and  secreted  his  force  near  the  Indian 
town;  and  early  in  the  morning  he  opened  fire  on  some 
Indians  discovered  there.  Unfortunately,  these  were  not 
the  hostiles,  who,  fearing  punishment  for  the  murder  of 
Howe,  had  fled,  leaving  their  corn  standing  in  the  fields;  but 
they  were  some  of  the  Croatoans  who  had  gone  there  to 
gather  the  corn.  White,  disappointed  in  his  revenge,  de- 
spoiled the  fields  and  returned  home.  The  colony  being  now 
settled,  on  August  13th  a  ceremony  was  performed  at  Roa- 
noke that  gave  expression  to  the  gratitude  of  Raleigh  and  the 

_.   .     .       colony  for  the  faithful  and   friendlv   services  of  Manteo. 

The  baptism  J  .'-,  .  ,      . 

of  Manteo  By  command  of  Sir  Walter,  the  rite  of  baptism  was  admin- 
Dare  k  istered  to  Manteo,  and  there  was  conferred  on  him  the  order 
of  Knighthood ;  and  he  was  created  Lord  of  Roanoke  and 
Dasamonquepeuc.  And  five  days  later  another  interesting 
event  occurred,  the  birth  of  the  first  English  child  born  in 
America.  On  August  18,  1587,  Eleanor  Dare,  wife  of 
Ananias  Dare  and  a  daughter  of  the  governor,  gave  birth  to 
a  daughter,  who  the  next  Sunday  was  christened  Virginia, 
because  she  was  the  first  Christian  born  in  the  new  country. 
A  few  days  later,  also,  was  born  to  Dionysius  Harvie  and 
his  wife,  Margery,  a  child,  whose  name,  however,  has  not 
been  preserved. 

The  colonists  to  remove  into  the  interior 

It  was  now  discovered  that  certain  other  particular  sup- 


HfcR*  THE.  KINO    OF  PAS  PAH  EG  M  REPORTED^ 
OUR  WtN  TO  Bl,  AND  V/ANT  TO  GO.     /^ 


MACHOMONCMOCOK 


HIRE.   REMAINETHC<4 


FOUR  MEN  CLOTHED 
THAT  CAME    FROM 
ROOMOCK     TO 
OCAM AMO  NAN    -^  ^  _. 


The  Lost  Colony 


WHITE  RETURNS  TO  ENGLAND  A3 

plies  were  needed,  as  this  was  intended  to  be  a  permanent  **7 

settlement;  and  there  was  consultation  as  to  who  should 
return  with  the  fleet  to  obtain  them.  It  was  finally  deter- 
mined that  White  himself  would  answer  the  purpose  best, 
and  he  agreed  to  go  with  the  vessels  back  to  England.  But 
before  his  departure  it  was  resolved  that  the  colony  should 
remove  to  some  point  about  fifty  miles  in  the  interior ;  and 
it  was  agreed  that  they  would,  on  departing  from  the  island, 
leave  some  sign  indicating  their  location ;  and  if  in  distress, 
a  cross  would  be  the  sign.  It  is  probable  that  this  point, 
fifty  miles  in  the  interior,  where  the  colony  was  to  locate, 
was  the  highland  near  Ohanoak,  where  there  were  goodly 
cornfields  and  pleasant  surroundings. 

At  length,  the  fleet  being  ready  to  sail,  on  August  27th, 
after  a  month's  sojourn  with  the  colony,  White  embarked 
and  departed  for  England.    On  the  return  voyage  he  met 
with  many  perilous  adventures,  but  finally,  about  the  middle 
of  October,  made  land  at  Smerwick,  on  the  west  coast  of 
Ireland,  and  in  November  reached  Hampton.     With  him   Doyie, 
came  to  England  still  another  Indian,  who,  accepting  Chris-   America!0 
tianity,  was  baptized  at  Bideford  Church ;  but  a  year  later   '•  72 
died,  and  was  interred  there.    When  the  colonists  receded 
from  White's  view,  as  he  left  the  shores  of  Virginia,  they 
passed  from  the  domain  of  history,  and  all  we  know  is  that 
misfortune  and  distress  overtook  them ;  and  that  they  mis- 
erably perished,  their  sad  fate  being  one  of  those  deplorable 
sacrifices  that  have  always  attended  the  accomplishment  of 
£reat  human  purposes. 

Conditions  in  England  on  White's  arrival 

On  White's  arrival,  in  November,  1587,  seeking  aid  for 
the  colony,  doubtless  the  merchants  and  others  who  had 
ventured  their  means  with  Raleigh  in  this  last  attempt  at 
colonization  and  trade  in  Virginia,  were  willing  to  respond ; 
but  there  were  rumors  of  the  preparation  in  Spain  of  a  great 
Armada  to  invade  England,  and  an  order  had  been  issued 
forbidding  the  departure  of  any  vessel  from  any  English 
port.  In  that  period  of  excitement  and  alarm,  the  necessi- 
ties of  the  distant  colonists  were  of  less  moment  than  the 
pressing  matters  at  home.     Still  Raleigh,  exerting  his  per- 


44 


WHITE'S  COLONY,  1587-91 


1588 


The 

Inrindble 
Armada, 
July  ai-29, 
1588 


Doyle, 
English 
in  America, 
I,7«; 
Edwards' 
Life  of 
Raleigh, 
1.9* 


sonal  influence,  obtained  a  license  for  two  small  vessels  to 
sail,  and  on  April  25,  1588,  White  departed  with  them  from 
Bideford  for  Virginia.  The  captains,  however,  were  more 
intent  on  a  gainful  voyage  than  on  the  relief  of  the  colonists, 
and  betook  themselves  to  the  hazardous  business  of  making 
prizes.  At  length  one  of  them,  meeting  with  two  ships  of 
war,  was  after  a  bloody  fight  overcome  and  rifled,  despoiled 
and  disabled,  and  she  returned  to  England  within  a  month ; 
and  three  weeks  later,  the  other,  equally  badly  served,  came 
home  without  having  completed  the  voyage.  Soon  after- 
ward, the  great  Armada  appeared,  and  Raleigh  was  among 
those  who  made  havoc  of  the  Spanish  galleons  in  the  "morris 
dance  of  death,"  that,  beginning  in  the  straits,  lasted  around 
the  north  of  Scotland  and  on  the  coast  of  Ireland.  Im- 
mediately on  his  return  he  was  challenged  to  mortal  combat 
by  the  queen's  favorite,  the  handsome  boy,  Essex,  and  for  a 
time  retired  to  Ireland  in  seclusion.  But  soon  all  his  powers 
and  resources  were  employed  in  distressing  Spanish  com- 
merce and  in  taking  rich  prizes,  while  England  was  again 
and  again  threatened  with  Spanish  invasion.  In  the  follow- 
ing March,  1589,  because,  perhaps,  both  of  his  public  em- 
ployments and  of  the  greater  facilities  of  the  merchants  to 
care  for  the  colonists,  he  transferred  his  rights  in  Virginia 
by  an  assignment  or  lease  to  Thomas  Smith,  White  and 
others,  and  relinquished  his  interest  in  the  colony.  What 
particular  efforts  these  merchants  made  to  relieve  the 
planters  are  not  recorded ;  but  White  afterward  men- 
tioned "having  at  sundry  times  been  chargeable  and  trouble- 
some to  Sir  Walter  for  the  supplies  and  relief  of  the  planters 
in  Virginia."  Because  of  the  inhibition  of  the  sailing  of 
merchant  ships  from  England,  no  opportunity  presented  for 
White  to  return  to  Virginia  until  early  in  1591.  He  then 
ascertained  that  John  Watts  of  London,  merchant,  was  about 
to  send  three  vessels  to  the  West  Indies ;  but  when  they  were 
ready  to  depart,  a  general  stay  was  again  commanded  of  all 
ships  throughout  England.  Taking  advantage  of  this  cir- 
cumstance, White  applied  to  Sir  Walter  to  obtain  a  special 
license  for  these  vessels  to  sail,  on  condition  that  they  would 
transport  a  convenient  number  of  passengers  with  their  fur- 
niture and  necessaries  to  Virginia.    The  license  was  obtained 


THE  HISTORICAL  RESULT  45 

by  Raleigh,  but  the  condition  was  not  observed ;  and  the  only  w 

passenger  they  would  take  was  White  himself,  and  no  pro- 
visions for  the  relief  of  the  colonists. 

White  sails  for  Roanoke 

Leaving  Plymouth  on  March  20,  1591,  they  sailed  for  the 
West  Indies  and  sought  to  make  prizes,  and  had  some  des- 
perate encounters.  Eventually,  on  August  3d,  they  reached 
Wokokon,  but  were  driven  off  by  a  storm.  On  Monday, 
the  9th,  however,  the  weather  being  fair,  they  returned  and 
anchored  and  went  on  shore,  obtaining  a  supply  of  fresh 
water  and  catching  great  stores  of  fish.  On  the  morning  of 
the  1 2th  they  departed,  and  toward  night  dropped  anchor  at 
the  north  end  of  Croatoan.  The  next  morning  they  sounded 
the  inlet  there,  and  then,  on  August  15th,  came  to  anchor 
at  Hattorask,  seeing  a  great  smoke  on  Roanoke  Island.  The 
next  morning,  after  directing  signal  guns  to  be  fired,  to  warn 
the  colonists  of  their  presence,  they  entered  the  inlet;  but 
observing  a  great  smoke  toward  the  southwest,  they  landed 
and  proceeded  to  it,  only  to  meet  with  disappointment.  Re- 
turning to  their  vessels,  the  morning  following  they  set  off 
again ;  but  on  passing  the  bar  one  of  the  boats  was  upset, 
and  seven  of  the  crew,  including  the  captain,  the  mate  and 
the  surgeon,  were  drowned,  and  the  remaining  men  pro- 
tested against  proceeding  further.  Distressing,  indeed,  was 
the  situation  of  White  and  ttnpropitious  the  outlook  of  a 
journey  begun  with  such  a  calamity.  But  at  length  the  men 
reluctantly  yielded  and  the  boats  proceeded  to  the  island, 
arriving  after  night,  anchoring  off  the  shore  and  sounding 
a  trumpet  call  and  familiar  tunes  to  evoke  a  response.  But 
all  in  vain.  No  answer  came,  although  in  the  distance  a 
firelight  was  seen.  At  break  of  day  they  landed  and  hastened 
to  the  fire,  finding  no  sign  of  the  English.  Then  pressing 
across  the  island,  they  skirted  along  its  western  shore  until 
they  came  to  the  north  point  near  where  the  settlement  had 
been.  There  on  the  shore  they  found  a  tree  on  which  had 
been  cut  the  Roman  letters  C.  R.  O.  With  despondent  CRO- 
hearts  they  proceeded  to  the  place  of  settlement,  and  saw 
that  the  houses  had  been  taken  down  and  the  place  strongly 
enclosed  with  a  high  palisade  of  great  trees,  very  like  a 


Croatoan 


46  WHITE'S  COLONY,  1587-91 

!ff  fort ;  and  on  a  tree  was  cut  the  word  "Croatoan,"  but  with- 

out the  cross  or  sign  of  distress.  The  boats  were  gone ;  the 
pieces  of  light  ordnance  had  been  taken  away,  only  some 
of  the  heavier  pieces  remaining,  and  the  fort  was  all  grown 
up  with  grass  and  weeds,  as  if  long  since  deserted.  A  trench 
in  which  White  had  buried  his  boxes  had  been  opened  and 
his  maps  and  property  scattered,  and  his  armor  lay  on  the 
ground,  almost  eaten  through  with  rust.  It  was  a  scene  of 
desolation.  There  was  still  a  hope,  yet  it  must  have  been 
but  faint,  that  the  colonists  could  be  found  at  Croatoan. 
White  had  just  sailed  along  that  island  and  had  anchored 
at  its  northern  end  and  had  beheld  no  sign  of  the  presence 
of  any  English  there.  Returning  to  the  inlet,  it  was,  how- 
ever, determined  to  go  again  to  that  island.  But  after  they 
had  weighed  anchor,  the  design  was  relinquished;  and  one 
vessel  returned  to  England  and  the  other  steered  for  the 
West  Indies.  From  that  time  onward  the  English  who 
settled  in  Virginia  were  known  as  Raleigh's  Lost  Colony. 
They  were  not  forgotten,  but  were  never  discovered. 

Raleigh's  efforts  to  relieve  the  colony 

Edwards'  Greater  enterprises  now  absorbed  Raleigh,  who  had  be- 

Rakigh  come  one  of  the  most  heroic  of  that  splendid  company  of 
heroes  who  brought  lustre  to  the  Elizabethan  Age ;  but  still, 
between  1587  and  1602,  it  is  said  that  he  sent  out  no  less 
than  five  expeditions  to  seek  his  unfortunate  company  in 
Virginia.  In  1602  he  bought  a  ship,  hired  a  crew,  placed 
Mac«  it  under  the  command  of  Samuel  Mace,  who  had  twice  be- 

fore sailed  for  Virginia,  and  in  March  sent  it  forth  to  search 
for  the  colonists.  Mace  struck  Virginia  forty  leagues  south- 
west of  Hatteras,  and  spent  a  month  trading  with  the 
Indians  as  he  scoured  along  the  coast;  but  without  going 
to  Croatoan  or  Hattorask,  he  returned  to  Weymouth  in 
August.  Raleigh  hastened  there  to  meet  him,  and  found  in . 
the  same  harbor  another  vessel  likewise  just  arrived  from 
Virginia,  but  which  had  missed  Roanoke  also,  by  forty 
leagues  to  the  northward.  He,  however,  proposed  to  send 
them  both  away  again,  having  saved  the  cost  in  the  sassa- 
fras they  brought,  which  he  claimed  because  of  his  owner- 
ship of  the  land  under  his  patent,  no  one  having  the  right, 


JAMESTOWN  INSTEAD  OF  ROANOKE  47 

he  asserted,  to  trade  in  Virginia  except  by  his  license.    The  Jj* 

next  year  Richard  Hakluyt,  one  of  the  grantees  in  the  charter 
of  the  City  of  Raleigh,  formally  applied  to  Sir  Walter  for 
permission  to  sail  to  northern  Virginia;  but  in  the  spring 
of  that  year,  1603,  Elizabeth  died,  and  before  the  summer 
had  passed  Raleigh  was  arrested  for  treason. 

Jamestown  settled— The  Roanoke  colony  disappears 

In  the  meantime  the  spirit  of  enterprise  which  had  been 
stimulated  by  Raleigh's  efforts  at  colonization  had  grown, 
and  Thomas  Smith  and  a  few  other  London  merchants,  in 
1599,  had  laid  the  foundations  of  the  East  India  Company, 
whose  great  success  led,  in  1606,  to  the  formation  of  another   virjrfnU 
corporation,  called  the  Virginia  Company,  with  two  divi-    ^pany' 
sions,  at  the  head  of  one  division  being  Thomas  Smith,  now 
knighted,  and  other  London  merchants  and  gentlemen  who 
had  been  associated  with  Raleigh  in  his  enterprise;  and 
on  December  19,  1606,  Christopher  Newport  set  sail  with 
one  hundred  and  forty-three  immigrants  and,  on  May  13th,   1607 
settled  Jamestown.     The  next  year  Newport  was  directed 
to  make  an  expedition  to  find  Raleigh's  Lost  Colony. 

The  fate  of  White's  colonists 

The  colonists,  warned  by  previous  mishaps,  certainly 
brought  with  them  sufficient  supplies  to  last  until  a  crop 
would  mature  in  the  fall  of  1588,  and  they  did  not  neglect 
to  begin  their  planting  operations. 

On  his  return  White  found  no  sign  of  any  planting  on 
Roanoke  Island;  nor  was  there  evidence  of  any  conflict 
with  the  savages — no  graves,  no  butchery.  The  dwellings 
had  been  taken  down  and  removed,  and  the  light  ordnance 
had  been  carried  away.  The  growth  of  weeds  indicated  that 
two  seasons  had  passed  since  the  removal,  and  apparently  the 
spot  had  not  been  revisited  by  the  colonists  in  many  months. 

On  his  departure  for  England,  the  avowed  intention  was 
for  the  colonists  to  settle  fifty  miles  in  the  interior ;  and  when 
he  coasted  along  Croatoan  leisurely  he  observed  no  sign  of 
their  presence  on  the  shore.  Instead  of  establishing  them- 
selves on  that  barren  sandbank,  exposed  to  the  attacks  of  the 
Spaniards,  with  no  inviting  streams,  nor  fertile  fields,  nor 
shady  forests,  they  looked  westward  for  a  secure  and  agreea- 


48  WHITE'S  COLONY,  1587-91 

Ijf  ble  location  for  their  permanent  settlement.     Fifty  miles 

would  have  brought  them  to  the  "goodly  highlands,  on  the 
left  hand  between  Muscamunge  and  Chowanoak,"  where  the 
Indians  already  had  fertile  cornfields ;  and  there,  according  to 
Indian  statements  of  different  sources,  they  appear  to  have 
seated  themselves  on  what  are  now  the  pleasant  bluffs  of 
Bertie  County. 

Several  vessels  were  at  different  times  despatched  to  search 
for  them ;  but  none  of  these  entered  the  great  sounds.  At 
length,  after  Jamestown  was  settled,  Newport  in  1608  was 
specially  directed  to  make  an  exploration  to  discover  them. 
An  expedition  by  water  did  not  proceed  far  and  was  without 
result.  A  searching  party  by  land  penetrated  to  the  territory 
of  the  Chowanists  and  Mangoaks,  but  did  not  find  the 
colonists. 

Smith  in  his  "True  Relation"  (1608)  repeats  information 
derived  from  the  king  of  the  Paspehegh  Indians,  who  re- 
sided above  Jamestown,  to  the  effect  that  there  were  men  ap- 
parelled like  himself  at  Ochanahonan,  which  seems  to  have 
been  on  the  Nottoway;  and  that  there  were  many  at  Pana- 
wicke,  a  region  apparently  between  the  Chowan  and  Roanoke 
rivers.  Five  years  later,  William  Strachey,  the  secretary  of 
the  Jamestown  colony,  gave  some  account  of  the  missing  colo- 
nists derived  from  Machumps,  a  friendly  Indian  of  con- 
siderable intelligence,  who  had  been  to  England  and  who 
came  freely  and  often  to  Jamestown.  At  Peccarecamek  and 
Ochanahonan,  the  Indians  had  houses  built  with  stone  walls, 
one  story  above  another,  having  been  taught  by  the  English 
who  escaped  the  slaughter  at  the  time  of  the  landing  at 
Jamestown.  And  at  Ritanoe  there  were  preserved  seven  of 
the  colonists,  four  men,  two  boys  and  a  young  maid,  who 
having  escaped,  fled  up  the  Chowan. 

For  more  than  twenty  years  the  colonists  were  reported 
to  have  lived  peaceably  with  the  Indians  and  to  have  inter- 
mixed with  them  in  their  locality,  beyond  the  territory  of 
Powhatan ;  and  then  on  the  arrival  of  the  colonists  at  James- 
town, Powhatan,  persuaded  by  his  bloody  priests,  procured 
their  slaughter,  he  being  present  on  the  occasion.  Some 
escaped ;  but  none  ever  had  communication  with  the  James- 
town settlers. 


FATE  OF  THE  COLONY  49 

Peccarecamek  was  apparently  on  the  upper  Pamlico,  or  lJ^ 

Tar  River;  and  perhaps  a  trace  of  English  blood  might  be 
found  in  the  aggressiveness  and  fierceness  of  the  Indians  of 
that  region  a  century  later. 

Traces  of  the  colonists 

If  others  were  preserved  on  the  sandbanks,  as  they  might 
well  have  been,  escaping  in  their  pinnace  through  the  waters 
of  the  sound,  a  trace  of  them  possibly  came  down  to  posterity 
through  their  intermixture  with  the  Hatteras  Indians.  That 
small  tribe  had  always  been  friendly  with  the  whites:  and 
as  late  as  1709,  grey  eyes  were  found  among  them  and  they 
cherished  a  friendship  with  the  English  because  of  their 
affinity,  according  to  their  own  traditions.  Yet  there  were 
other  opportunities  for  an  admixture  of  the  races.  Thirty- 
two  men  of  Captain  Raymond's  company  were  among  them 
twenty  days  before  the  arrival  of  Lane's  colony,  and  the 
following  summer  Captain  Stafford  and  twenty  men  were 
with  them  until  Drake  came  in  June,  and  doubtless  others 
were  stationed  there  the  next  year  to  keep  watch  for  the 
expected  return  of  White,  until  all  hope  had  expired.  Other 
than  these  possible  traces  no  memorial  has  ever  been  dis- 
covered of  the  existence  of  the  Lost  Colony,  whose  mournful 
fate,  involved  in  mystery,  has  ever  been  a  fruitful  theme  of 
song  and  story. 


C.R.,I,5 


THE  SECOND  EPOCH— 1629-63 

PERMANENT  SETTLEMENT 


CHAPTER  V 

Charters  and  Colonial  Officers 

The  charters. — The  concessions. — The  Lords  Proprietors  and 
their  successors. — The  Palatines. — The  governors,  speakers  of  the 
Assembly,  and  chief  justices. 

Carolana 

l%*  Sir  Robert  Heath's  Patent— 30th  of  October,  1629. 

By  this  grant  Charles  I  conveyed  to  his  Attorney-General,  Sir 
Robert  Heath,  Knight,  his  heirs  and  assigns  forever  so  much  of  the 
Continent  of  America  as  lay  between  31  and  36  degrees  of  North 
latitude, — "to  have,  exercise,  use  and  enjoy  in  like  manner  as  any 
Bishop  of  Durham  within  the  Bishopric  or  County  Palatine  of 
Durham  in  our  Kingdom  of  England  ever  heretofore  had,  held,  used, 
or  enjoyed,  or  of  right,  ought  or  could  have,  hold,  use,  or  enjoy. 
And  by  these  presents  we  make,  create  and  constitute  the  same 
Sir  Robert  Heath,  his  heirs  and  assigns,  true  and  absolute  Lords  and 
Proprietors  of  the  region  and  territory  aforesaid." 

"Know  that  we  ...  do  erect  and  incorporate  them  into  a 
Province,  and  name  the  same  Carolana,  or  the  Province  of  Caro- 
lana." "Furthermore  know  ye  that  we  do  give  power  to  the  said 
Sir  Robert  ...  to  form,  make  and  enact  and  publish  what  laws 
may  concern  the  public  state  of  said  Province  or  the  private  profit 
of  all  according  to  the  wholesome  directions  of,  and  with  the 
counsel,  assent  and  approbation  of  the  Freeholders  of  the  same 
Province." 

"Furthermore  lest  the  way  to  honours  and  dignityes  may  seem 
to  be  shutt,  etc.  do  for  ourselves,  our  heirs  and  successors  give 
full  and  free  power  to  the  aforesaid  Sir  Robert  Heath,  Knight, 
his  heirs  and  assigns  to  confer  favours,  graces  and  honours  upon 
those  well-deserving  citizens  that  inhabit  the  aforesaid  Province, 
and  the  same  with  whatever  titles  and  dignityes  (provided  they  be 
not  the  same  as  are  now  used  in  England)  to  adorne  at  his  pleasure." 


THE  CHARTERS  OF  1663  AND  1665  5* 

The  charter  to  the  Lords  Proprietors  ^3 

By  the  first  charter,  King  Charles  II  on  the  20th  day  of  March,  1663,   JSnd 
granted  to  the  grantees,  the  same  territory  conveyed  to  Sir  Robert    c^de? n 
Heath  in  1629,  and  in  large  measure  granted  the  same  powers ;  such,    1663, 1665 
for  instance,  as  that  the  grantees,  with  the  consent  of  the  freemen, 
should  make  laws,  etc.,  and  that  they  might  bestow  titles  of  nobility, 
not  being  the  same  as  those  in  use  in  England ;  and  also  authorizing 
freedom  in  religion.    The  second  grant  made  the  30th  of  June,  1665, 
extended  the  territory  conveyed  so  as  to  embrace  "as  far  as  the 
north  end  of  Currituck  River,  or  Inlet,  upon  a  straight,  westerly  line 
to  Weyanoke  Creek,  which  lies  within  or  about  the  degrees  of  36  and 
30  minutes  northern  latitude;  and  so  west,  in  a  direct  line,  as  far 
as  the  south  seas ;  and  south  and  westward  as  far  as  the  degrees  29, 
inclusive."    In  other  respects  the  charters  were  the  same;  except 
the  provision   establishing   religious   freedom   is    somewhat   fuller 
in  the  second. 

The  original  Lords  Proprietors 

Edward  Hyde.  Anthony  Lord  Ashley. 

George  Monk.  Sir  George  Carteret. 

William  Lord  Craven.  Sir  William  Berkeley. 

John  Lord  Berkeley.  Sir  John  Colleton. 

After  Clarendon's  death,  his  share  was  bought  in  1679  by  Seth    Thedevolu- 
Sothel,  on  whose  death  in  1694,  it  was  assigned  to  Thomas  Amy,    {{j^^^, 
a  London  merchant,  who  had  been  very  active  in  promoting  coloni- 
zation.    Eventually  this  share  passed  to  Honorable  James  Bertie, 
after  whom  the  county  of  Bertie  was  named. 

The  share  of  the  Duke  of  Albemarle  was  acquired  by  John  Gran- 
ville, Earl  of  Bath,  who  dying  in  1701,  was  succeeded  by  his  son, 
John  Lord  Granville.  In  1709  the  Duke  of  Beaufort  acquired  this 
share  and  devised  it  to  James  Bertie  in  trust  for  his  sons.  Henry 
and  Charles  Somerset.  His  name  appears  in  a  county  and  in  the 
seaport  town  called  in  his  honor,  when  he  was  Palatine. 

The  Earl  of  Craven's  share,  he  having  no  descendants,  passed  to 
his  grand-nephew,  William  Lord  Craven,  whose  son  William,  Lord 
Craven,  succeeded  him.    That  name  is  also  perpetuated  in  a  county. 

The  share  of  John  Lord  Berkeley  came  to  his  son.  John,  an 
admiral  of  great  merit ;  but  it  had  been  forfeited,  and  in  April,  1608, 
was  sold  to  Joseph  Blake,  on  whose  death  it  descended  to  his  son 
of  the   same  name. 

On  the  death  of  Shaftesbury,  his  share  passed  to  his  son.  Lord 
Ashley. 


52  CHARTERS  AND  COLONIAL  OFFICERS 

1663- 1776  George  Carteret  dying  in  1679,  was  succeeded  by  his  infant  son, 

who  was  represented  by  the  Earl  of  Bath.  This  second  George 
Carteret  dying  about  1695,  was  succeeded  by  his  son,  George  Car- 
teret, who  at  the  time  of  the  purchase  by  the  Crown  in  1729,  was 
lieutenant-governor  of  Ireland,  and  in  1742  overthrew  Walpole's 
administration  and  became  prime-minister.  About  that  time,  on 
the  death  of  his  mother,  the  Countess  of  Granville,  he  became  Lord 
Granville.  He  would  not  sell  his  share  to  the  Crown,  and  in  1744 
it  was  set  apart  to  him  in  the  northern  half  of  North  Carolina. 
After  the  Revolution  it  was  held  by  the  State,  although  his  heirs 
brought  suit  to  recover  it,  but  failed  in  the  courts. 

On  the  death  of  Sir  William  Berkeley,  1677,  his  share  was  sold 
by  his  widow  to  John  Archdale  for  his  son  Thomas.  Afterward  in 
1684  she  and  her  husband,  Philip  Ludwell,  sold  it  again  to  Sir 
Peter  Colleton  for  300  pounds.  Sir  Peter  purchased  it  for  himself 
and  three  other  Proprietors  and  the  title  was  conveyed  to  Thomas 
Amy  in  trust  for  them. 

In  1705  this  share  was  acquired  by  John  Archdale,  who  in  1709 
conveyed  it  to  John  Dawson,  his  son-in-law.  Later  it  was  sold  by 
decree  of  the  Court  of  Chancery  and  purchased  by  Hugh  Watson 
as  trustee  for  Henry  and  James  Bertie. 

Sir  John  Colleton's  share  on  his  death  in  1666  descended  to  his 
son,  Sir  Peter,  who  held  it  until  1694,  and  who  was  succeeded  by 
his  son,  Sir  John  Colleton.  All  of  the  shares  were  bought  by  the 
Crown  in  1729,  except  that  of  Sir  George  Carteret. 

Palatines 

McCrady's  *•  Duke  of  Albemarle,  October  16,  1669. 

f?ut^.      .  2.  John  Lord  Berkeley,  January  20,  1070. 

Carolina,  I,  J  V.  t  ^ 

716  3.  Sir  George  Carteret.  February  5,  1679. 

4.  William  Earl  of  Craven,  November  20,  1680. 

5.  John   Earl  of  Bath,   April,   1697. 

6.  John  Lord  Granville,  January  10,  1702. 

7.  William  Lord  Craven,  1708. 

8.  Henry  Duke  of  Beaufort,  November  8,  171 1. 

9.  John  Lord  Carteret,  August  10,  1714,  and  he  so  continued 
until  the  sale  to  the  Crown  in  1729. 

John  Lord  Berkeley  did  not  attend  the  meetings  of  the  Proprietors 
after  1671,  Shaftesbury  being  then  the  particular  manager. 

Governors  of  Albemarle  under  the  Proprietary  Government 

William  Drummond,  appointed  October,  1664 — October,  1667. 
Samuel  Stephens,  appointed  October,  1667.    Died  December,  1669. 
Peter  Carteret,  appointed  October,  1670.    Left  colony  May,  1673. 


GOVERNORS,  SPEAKERS  AND  CHIEF  JUSTICES     53 

John  Jenkins,  president  of  council,  appointed  May,  1673.  1663-1776 

Thomas  Eastchurch,  appointed  November,  1676.     Never  qualified. 

Thomas  Miller,  appointed  1677.    Deposed  by  Culpepper. 

John  Culpepper,  in  power,  1677-78. 

Seth  Sothel,  appointed  1678.    Captured  by  Algerines. 

John  Harvey,  appointed  February  5,  1679.    Died  August,  1679. 

John  Jenkins,  president  of  council,  appointed  November,  1679. 

Henry  Wilkinson,  appointed  February  16,  1681. 

Seth  Sothel,  arrived  1682.    Deposed  fall  of  1689. 

Governors  of  North  Carolina  under  the  Proprietors 
Philip  Ludwell,  appointed  December  5,  1689. 
Thomas  Jarvis,  deputy,  1691-94. 
Thomas  Harvey,  deputy,  July,  1694— July,  1699. 
John  Archdale,  governor,  1695. 
Henderson  Walker,  president  of  council,  1699- 1704. 
Robert  Daniel,  deputy  governor,  1704-05. 
Thomas  Cary,  deputy  governor,  1705-06. 
William  Glover,  president  of  council,  1706-08. 
Thomas  Cary,  president  of  council,  1708 — January,  171 1. 

Edward  Hyde,  governor,  January,  171 1 — September,  1712.        

Thomas  Pollock,  president  of  council,  September,  1712-14. 

Charles  Eden,  governor,  1714-22. 

Thomas  Pollock,  president  of  council,  1722.    ^ 

William  Reed,  president  of  council,  1722-23. 

George  Burrington,  governor,  1724-25. 

Sir  Richard  Everard,  governor,  1725-31. 

Governors  of  North  Carolina  under  the  Crown 

George  Burrington,  February  25,  1731 — November,  1734. 
Gabriel  Johnston,  November,  1734 — July,  1752. 
Nathaniel  Rice,  president,  July,   1752 — January,  1753. 
Matthew  Rowan,  president,  January,   1753— November,  1754. 
Arthur  Dobbs,  November,  1754 — March  28,  1765. 
William  Tryon,  March,  1765 — June  30,  1771. 
James  Hasell,  president  of  council,  July  1,  1771 — August,  1771. 
Josiah  Martin,  August,  1771.     Expelled  1775. 

Speakers  of  the  Assembly 

George  Catchmaid,  1666.  William  Swann,  171 1. 

Thomas  Eastchurch,  1675.  Edward  Moseley,  171 5. 

Thomas  Cullen,  1676.  Edward  Moseley,  1722. 

John  Porter,  1697.  Maurice  Moore,  1726. 

Edward  Moseley,  1708.  John  Baptista  Ashe,  1727. 


54 


CHARTERS  AND  COLONIAL  OFFICERS 


1661-1776      Thomas  Swann,  1729. 
Edward  Moseley,  1731. 
William  Downing,  1734. 
John  Hodgson,  1739. 
Sam  Swann,  1743. 
John  Campbell,  1755. 

Chief  justices  of  North 

Christopher  Gale,  17 12. 
Tobias  Knight,  1717. 
Frederick  Jones,  17 18. 
Christopher  Gale,  1722. 
Thomas  Pollock,  1724. 
Christopher  Gale,  1724. 
William  Smith,  1731. 
John  Palin,  1732. 
William  Little,  1732. 
Daniel  Hanmer,  1733. 


Sam  Swann,  1756. 
John  Ashe,  1762. 
John  Harvey,  1766. 
Richard  Caswell,  1770. 
John  Harvey,  1772-75. 


Carolina 

William  Smith,  1734. 

John  Montgomery,  1743. 

Edward  Moseley,  1744. 

Eleazar  Allen,  1749. 

Enoch  Hall,  1749. 

James  Hasell,  1750. 

Peter  Henley,  December  5,  1755. 

Charles  Berry,  1758. 

James  Hasell,  1765. 

Martin  Howard,  1766-76. 


CHAPTER  VI 

Beginnings  of  Permanent  Settlement  in  Albemarle 

Conditions  in  America. — Virginia  under  the  treaty  with  Parlia- 
ment.— Roger  Green's  explorations. — The  king  of  Roanoke  Island. 
— Permanent  settlement  on  the  Carolina  Sound. — The  Restoration. 
— The  Cape  Fear  explored. — Berkeley  receives  instructions  as  to 
Carolina. — The  name  Albemarle. — The  Quakers. — The  grant  of  the 
Lords  Proprietors. — William  Drummond,  governor  of  Albemarle. — 
The  second  grant. 

Conditions  in  America 

The  disturbed  condition  of  England  prior  to  her  civil  «Jfc 

war  led  to  an  immense  emigration  to  the  New  England 
plantations,  and  at  the  close  of  that  period  of  unrest,  marked 
by  the  execution  of  the  king  in  1649,  settlements  had  ex- 
tended into  Rhode  Island,  Connecticut  and  New  Hampshire. 
Maryland  also  had  prospered,  and  Virginia's  population, 
which  in  the  first  years  after  settlement  increased  but  slowly, 
numbered  twenty  thousand  souls,  and  extended  far  into 
the  interior  and  well  along  the  sluggish  waters  of  the 
Nansemond. 

The  region  south  of  the  thirty-sixth  parallel,  which  under 
the  name  of  Carolana  had,  in  1629,  been  granted  by  King 
Charles  I  to  his  attorney-general.  Sir  Robert  Heath,  had 
not  been  settled;  and  the  wilds  of  Carolana  remained  un- 
occupied save  by  the  copper-colored  aborigines. 

While  the  civil  war  was  raging  at  home,  the  Puritans  of 
New  England  adhered  to  Parliament,  but  Virginia  remained 
faithful  to  the  Crown,  winning  by  her  loyalty  the  name  of 
the  Old  Dominion;  and  upon  the  death  of  his  father, 
Charles  II,  then  in  exile,  transmitted  to  Sir  William  Berke- 
ley, who  had  been  the  royal  governor  for  a  decade,  a  new 
commission  confirming  his  authority. 

Virginia  under  the  treaty 

Parliament,  however,  was  not  indifferent  to  the  attitude 
of  those  colonies  that  continued  to  sustain  the  monarchy, 
and  its  power  being  fully  established  at  home,  in  convenient 


/ 


/ 
/ 


56        BEGINNINGS  OF  PERMANENT  SETTLEMENT 

**  season  took  measures  to  assert  its  supremacy  in  Virginia. 

On  one  hand,  it  threatened  war;  in  the  other  it  held  out 
the  olive  branch  of  peace,  offering  terms  that  could  hardly 
be  refused.  The  Old  Dominion  preferred  peace,  and  a 
formal  treaty  was  agreed  to  in  1652  that  secured  to  Virginia 
almost  complete  independence.  The  Assembly  obtained  the 
right  of  choosing  all  the  officers  of  the  colony,  including  the 
governor,  who  had  formerly  been  appointed  by  the  Crown, 
and  of  defining  their  duties  and  privileges.  It  also  secured 
the  high  power  of  regulating  commerce,  and,  without  regard 
to  the  British  navigation  acts,  it  declared  that  trade  should 
be  absolutely  free  with  all  nations  at  peace  with  England. 
The  right  of  suffrage  was  extended  to  all  freemen,  and 
"Dissenters"  had  full  religious  liberty ;  but  under  one  clause 
of  the  treaty  the  prayer-book  was  not  to  be  used  in  the 
churches.  Of  churches,  there  were  none  except  in  the  very 
heart  of  the  colony,  and  ministers  were  so  few  that  a  bounty 
was  offered  for  their  importation.* 

Bancroft,  Thus   between   the   treaty   of   peace,-  in    1652,   and   the 

Restoration,  in  1660,  the  Old  Dominion  enjoyed  a  republi- 
can government,  and  local  independence.  Indeed,  Virginia 
has  the  distinction  of  having  been  the  first  community  in  the 
world  whose  government  was  organized  on  the  principle  of 
manhood  suffrage,  where  all  freemen,  without  exception, 
had  an  equal  voice  in  the  government,  and  their  representa- 
tives chose  the  administrative  officers  and  controlled  public 
affairs.  It  was  near  the  close  of  a  decade  of  growth  under 
the  favorable  influences  of  virtual  independence,  that  the  in- 
creasing population  led  to  an  overflow  of  the  inhabitants 
into  the  territory  north  of  the  Albemarle  Sound,  and  per- 
haps the  movement  was  quickened  by  some  apprehensions 
that  the  downfall  of  the  Commonwealth,  then  imminent, 
would  usher  in  a  new  era  of  religious  intolerance. 

Roger  Green's  exploration 

1  The  Nansemond  penetrates  near  to  the  head  waters  of 

the  Chowan,  and  before  1653  Roger  Greenf  had  explored 

♦In  1658,  while  the  Dissenters  still  held  sway,  Quakers  were 
banished. 

tRoper  Green  is  mentioned  as  "Clarke,"  by  which  he  is  understood 
to  have  been  a  clergyman,  and  it  may  be,  if  he  was  a  member  of  the 


EXPLORATION  EXTENDED 


57 


that  fertile  region,  and  some  of  the  inhabitants  of  Nanse-  ;*■» 

mond  were  considering  a  removal  to  that  attractive  country. 
Green  obtained  from  the  General  Assembly  of  Virginia  a 
grant  of  ten  thousand  acres  for  the  one  hundred  persons  who 
should  first  seat  on  the  Roanoke  and  on  the  lands  on  the 
south  side  of  the  Chowan;  and  "as  a  reward  for  his  own 
first  discovery  and  for  his  encouraging  the  settlement/' 
he  was  granted  a  thousand  acres  for  himself.  But  while  his 
enterprise  may  have  led  to  the  subsequent  settlement,  no 
memorial  of  his  being  concerned  in  it  has  come  down  to  pos- 
terity. The  waters  of  the  great  sound  had  been  explored 
and  were  well  known  to  Virginians,  and  about  the  year  Dm?nGw* 
1646  two  expeditions  had  been  made  from  Virginia  against  °  * l6*6 
the  Indians  on  the  sound :  one  by  land,  under  General  Ben- 
nett, and  the  other  by  water,  under  Colonel  Drew.  Drew's 
vessels  entered  Currituck  Sound  and  proceeded  as  far  as 
the  Chowan  River.  At  the  mouth  of  Weyanoke  Creek  he 
had  an  encounter  with  the  Indians,  with  whom,  however,  he 
soon  established  a  peace;  and  shortly  afterward  Henry 
Plumpton,  who  had  been  on  that  expedition,  together  with 
Thomas  Tuke  and  several  others,  purchased  from  the  c  R  f  ^ 
Indians  all  the  land  from  the  mouth  of  Roanoke  River  to 
Weyanoke  Creek.  But  they  did  not  take  possession,  and 
no  settlement  was  made  at  that  time. 

In   1654,   Francis  Yardley,   then  governor  of   Virginia,   ExPiora- 
mentioned  in  a  letter  that  small  sloops   were  employed  in   lion*»l6s4 
visiting  the  sounds  of  Carolina,  and  in  hunting  and  trading 
for  beavers.    In  that  year  such  a  vessel,  having  left  a  couple 
of  her  crew  near  Lynnhaven,  where  Yardley  resided,  he  sent 
his  son  and  some  other  men  to  hunt  for  the  sloop.     These 
visited  the  ruins  of  "Sir  Walter  Raleigh's  fort"  on  Roanoke 
Island,    then    in    a    good    state   of    preservation,    and    had 
friendly  intercourse  with  the  king  of  the  Roanoke  Indians, 
whom   they    induced   to   visit    the   governor   at   his   home.  Thekingof 
When  the  king  of  Roanoke  came  to  Lynnhaven,  he  brought   fh°™%Vc 
with  him  his  wife  and  one  son,  and  during  their  sojourn 


Church  of  England,  he  was  seeking  to  lead  his  flock  to  new  homes, 
where  they  could  use  the  prayer  book  without  restraint. 


58       BEGINNINGS  OF  PERMANENT  SETTLEMENT 

***  there   they   all   accepted    Christianity   and   were    baptized. 

Yardley  sent  six  carpenters  to  Roanoke  Island  to  build  an 
English  house  for  the  king,  whose  son  remained  at  Lynn- 
haven  to  be  taught  to  "read  out  of  a  book."  With  the  co- 
operation of  this  king,  an  extensive  exploration  was  then 
made  throughout  the  eastern  portion  of  Carolina,  where  a 
Spaniard  was  found  living  among  the  Tuscarora  Indians, 
and  a  purchase  was  made  from  the  Indians  of  the  territory 
drained  by  three  rivers,  covering  a  large  scope  of  country, 
which  probably  lay  north  of  Albemarle  Sound.  There  were 
further  explorations,  and  in  1656  the  General  Assembly  of 
Virginia  commissioned  Colonel  Thomas  Drew  and  Captain 

"t'titw*  Thomas  Francis  to  make  discoveries  between  Cape  Hatteras 
and  Cape  Fear. 


Permanent  settlement  on  the  Carolina  Sound 

But  whatever  settlement  was  then  in  contemplation,  it  was 
probably  arrested  by  an  outbreak  of  the  Indians,  who  now 
began  active  hostilities  on  the  northern  confines  of  Vir- 


1656 


The  Recha-  giiiia.  In  1656,  several  fierce  tribes,  known  as  the  Rechahec- 
rians,  several  hundred  strong  in  warriors,  established  them- 
selves near  the  falls  of  the  James,  and  in  a  great  battle 
defeated  the  forces  sent  against  them.  But  while  this  dis- 
aster and  the  Indian  depredations  to  the  northward  for  a 
time  checked  any  movement  to  establish  distant  plantations 
in  the  wilderness,  yet  when  peace  was  restored  and  the  de- 
sire to  seek  new  locations  again  began  to  be  felt,  the  favor- 
able situation  of  the  region  bordering  on  the  Carolina  Sound 
speedily  attracted  the  attention  of  the  adventurous  pioneer. 
On  the  south  it  was  protected  by  the  wide  sound;  on  the 
north  and  east  the  Indians  were  but  few  and  had  much 
intercourse  with  the  whites;  on  the  west  were  the  Tus- 
caroras,  who  although  a  strong  and  brave  nation,  were  not 
unfriendly  in  their  disposition.  Their  hunting  grounds  that 
lay  southward  toward  the  Neuse  had  not  been  encroached 
upon,  while  many  traders,  trafficking  in  their  furs,  supplied 
them  freely  with  those  commodities  they  desired.  Distant 
from  the  vicinity  of  the  fierce  and  troublesome  tribes  of  the 
upper  James,  the  mild  climate  and  fertile  soil  of  the  region 


THE  FIRST  PIONEERS  59 

bordering    on    the    landlocked    sounds    near    Nansemond  **& 

offered  many  inducements  to  settlers,  and  so  it  came  about 
that  in  1659,  or  thereabouts,  the  permanent  settlement  of  Moment! 
Carolina  began.  It  was  a  movement  so  natural  that  the  l6s9 
particulars  are  not  recorded  in  the  local  annals  of  the  time. 
A  few  active  spirits,  perhaps  more  adventurous  than  their 
neighbors,  resolved  to  make  new  homes  in  a  more  attrac- 
tive locality.  It  was  no  great  company,  perhaps  a  dozen  or 
twenty  men,  who  may  have  come  from  Nansemond  through 
the  wilderness,  or  may  have  brought  their  supplies  and 
implements  for  house  building  by  water  from  some  con- 
venient point  in  Virginia.  The  roll  of  these  companions  in 
the  enterprise  of  establishing  "new  plantations"  to  the  south- 
ward has  not  been  preserved,  and  only  incidentally  have 
the  names  of  some  of  them  been  recorded.  All  we  know  is 
that  they  came  not  as  conquerors,  writing  their  names  in 
blood  on  the  scroll  of  Fame,  nor  yet  were  they  exiles  from 
the  habitations  of  mankind  for  conscience'  sake.  It  was  a 
time  of  peace  in  Virginia,  when  the  freemen  still  governed 
themselves,  chose  their  own  officers  and  made  their  own 
la-ws.  It  was  not  oppression  that  drove  these  first  settlers 
itito  the  wilderness.  They  were  not  discontented  with  the 
democratic-republican  institutions  under  which  they  were 
living.  They  were  not  fleeing  from  the  ills  of  life,  nor  JtSSSen?1, 
plunging  into  the  primeval  forest  to  escape  the  tyranny  of 
their  fellow-men.  But  they  were  bold,  enterprising,  hardy 
Virginians,  nurtured  in  freedom's  ways,  who  were  wooed  to 
this  summer  land  by  the  advantages  of  its  situation.  The 
movement  involved  no  great  change.  It  was  merely  a 
removal  of  a  few  miles  beyond  the  outlying  districts  of 
Nansemond,  with  water  communication  to  the  marts  of  trade 
on  the  Chesapeake.  Nor  did  they  come  without  the  sanction 
of  the  Indians,  who  were  to  be  their  neighbors  in  these  "new 
plantations."  They  bought  their  land  from  the  king  of  the 
Yeopims  with  the  consent  of  his  people,  and  their  doorsills 
were  not  stained  with  blood,  nor  were  their  spirits  tortured 
with  apprehensions  of  butchery.  They  came  in  peace  and 
were  received  as  friends  by  the  native  inhabitants  who  sur- 
rounded them.     Among  the  earliest  who  were  seated  were 


6o        BEGINNINGS  OF  PERMANENT  SETTLEMENT 

*Jfl  John  Battle,  Dr.  Thomas  Relfe,  Roger  Williams  and  Thomas 

\ttont%  Jarvis;  and  with  the  first  who  came  was  George  Durant, 
who,  however,  did  not  select  a  plantation  at  once,  but  spent 
two  years  in  exploring,  and  bestowed  much  labor  and  cost 
in  finding  out  the  country,  with  its  rivers,  channels,  passages, 
and  conveniences,  and  then  he  bought  from  Kilcocanen, 
king  of  Yeopim,  with  the  consent  of  his  people,  a  tract  on 
Roanoke  Sound,  upon  a  point  then  known  as  Wikacome, 
but  ever  since  called  Durant's  Neck.  This  conveyance  bears 
date  March  I,  1661,  but  as  the  English  year  then  began  on 
March  25th,  that  date  may  answer  to  March,  1662.  In  this 
deed,  Kilcocanen  mentions  that  similar  purchases  had  previ- 
ously been  made  by  other  settlers;  and  a  few  months  later 
Durant  purchased  a  second  tract  from  the  friendly  king 
of  the  Yeopims.* 

Durant  at  once  began  his  clearing,  and  as  the  location  of 
any  previous  settlement  has  not  been  ascertained,  Durant's 
Neck  is  the  oldest  known  clearing  in  Albemarle. 

Quickly  after  the  arrival  of  these  first  pioneers  others  were 
attracted  to  the  "new  plantations."  Lawson,  writing  about 
fifty  years  later,  mentions  that  "the  first  settlement  was  by 
several  substantial  planters  from  Virginia  and  other  planta- 
tions ;  and  the  fame  of  this  newly  discovered  country  spread 
through  the  neighboring  colonies  and  in  a  few  years  drew  a 
considerable  number  of  families  to  join  them."  Among  those 
who  followed,  buying  Indian  titles,  were  George  Catchmaid, 
of  Treslick,  Gentleman;  John  Harvey  and  Captain  John 
Jenkins. 

Thomas  Woodward,  the  surveyor-general  and  a  member  of 
the  council  when  the  government  was  first  established  in 
Albemarle,  writing  to  the  Proprietors  on  June  2,  1665,  refers 
to  the  quitrent  exacted  by  them,  and  says  that  the  people 
will  not  "remove  from  Virginia  upon  harder  conditions  than 
they  can  live  there  ...  it  being  land  only  that  they 
come  for."  Woodward  also  mentions  that  he  had  been  many 
years  endeavoring  and  encouraging  the  people  to  seat  Albe- 

♦Recorded  in  Book  A,  Perquimans  County  Records. 


1665 


REASONS  FOR  SETTLEMENT  61 

marie,  and  that  "those  that  live  upon  a  place  are  best  able  *j* 

to  judge  of  the  place,  therefore  the  petition  of  the  General  CR»i.  »<» 
Assembly  that  was  here  convened  will  deserve  your  Honor's 
serious  consideration/' 

It  appears  that  the  people  were  drawn  to  Albemarle  because 
of  the  land,  but  protested  against  paying  a  higher  quitrent 
than  was  exacted  of  them  in  Virginia,  and  they  gave  expres- 
sion to  their  wishes  in  a  petition  of  the  Assembly  at  the 
first  session  held  in  Albemarle. 

These  early  purchases  were  made  on  the  supposition  that 
the  lands  were  beyond  the  limits  of  Virginia,  and  the  first 
settlers  probably  thought  they  would  be  free  from  the  pay- 
ment of  quitrents  and  other  public  charges.  They  believed 
themselves  outside  the  bounds  of  the  Old  Dominion  and 
within  the  wilds  of  Carolina.  Of  Carolina  the  Common- 
wealth had  taken  no  notice,  but  now  the  Commonwealth  itself 
had  passed  away,  and  the  change  in  the  mother  country 
inaugurated  changed  conditions  in  the  forests  of  the 
Roanoke. 

The  House  of  Commons,  that  half  a  century  before  had 
emphasized,  by  the  Petition  of  Right,  its  unswerving  and 
resolute  purpose  to  maintain  constitutional  liberty,  was  the 
wealthiest  body  that  had  ever  assembled  in  England.  It 
fully  represented  in  the  purses  of  its  members  the  property 
of  the  kingdom.  After  varying  developments,  active  hos- 
tilities subsequently  began  between  the  Long  Parliament 
and  the  king,  and  in  the  course  of  the  struggle  the  army 
under  the  control  of  the  Independents  came  to  be  the  ruling 
element,  Oliver  Cromwell,  as  its  general,  attaining  supreme 
power.  By  excluding  a  large  number  of  the  House  of 
Commons ;  by  abolishing  the  House  of  Lords ;  by  parcelling 
out  England  into  satrapies  governed  absolutely  by  his  major- 
generals,  who  systematically  levied  forced  contributions  from 
the  inhabitants,  and  by  controlling  parliaments  at  will, 
Cromwell  laid  the  foundation  for  a  widespread  sentiment  in 
favor  of  a  return  to  the  old  constitution.     In  deference  to 


The  Res- 
toration 


62       BEGINNINGS  OF  PERMANENT  SETTLEMENT 

lj^  this  public  demand,  he  contrived  a  simulation  of  the  three 

estates,  and  he  himself  became  Protector,  representing  the 
sovereign ;  and  in  semblance  he  established  a  House  of  Lords, 
appointing  to  it  nobles  of  his  own  creation.  But  the  military 
influence  controlled  by  the  Independents  dominated,  and  the 
discontent  continued  to  grow  in  volume  and  intensity. 
Property  that  had  opened  the  struggle  with  Charles  I  now 
cast  about  for  some  hope  of  security,  and  the  Presbyterians 
equally  with  the  Churchmen  were  ready  to  try  the  Stuarts 
once  more  as  an  escape  from  the  domination  of  the  Inde- 
pendents. Such  were  the  conditions  on  Cromwell's  death, 
when  his  son  Richard  succeeded  to  his  office,  but  could  not 
wield  his  power.  The  army,  recognizing  Richard's  feeble- 
ness, fell  away  from  him,  and  Cromwell's  system,  losing  its 
military  support,  tottered  to  its  fall.  The  end  of  the  pro- 
tectorate had  come.  At  a  call  from  the  army  the  "bloody 
rump,"  which  Cromwell  had  disbanded  and  suppressed,  again 
met,  while  cries  for  a  free  Parliament  rang  throughout  the 
kingdom.  General  Monk,  in  command  of  the  forces  in  Scot- 
land, maintaining  an  impenetrable  silence,  twice  purged  his 
army  of  Independent  zealots,  and  marched  rapidly  to 
London,  where  he  arrived  in  February.  Under  the  lead  of 
Ashley  Cooper,  a  man  of  great  wealth  and  of  superior 
talents,  who  had  espoused  the  cause  of  constitutional  liberty 
but  had  separated  himself  from  Cromweirs  government,  the 
majority  of  the  Long  Parliament  who  had  been  ejected  by 
Pride's  Purge,  after  many  years  of  exclusion,  in  March,  1660, 
forced  their  way  back  to  their  seats,  and  after  calling  for  the 
election  of  a  new  Parliament,  adjourned  sine  die  that  body 
which  had  survived  through  so  many  years  of  turmoil  and 
revolution.  The  new  Parliament,  known  as  the  "Convention 
Parliament,"  met  on  the  25th  of  April.  Ashley  Cooper 
hastened  with  a  delegation  to  Holland  to  invite  Charles  to 
occupy  his  throne.  Monk,  still  sphinxlike,  controlled  his 
fifty  thousand  red  coats — the  uniform  of  Cromwell's  Iron- 
sides— who,  appalled,  in  gloomy  silence  submitted  to  the 
complete  and  final  overthrow,  by  their  own  general,  of  the 


EXPLORATION  OF  THE  CAPE  FEAR  63 

power  they  had  so  long  wielded  in  governing  the  Common-  *£ 

wealth.  Within  a  month  Charles  had  landed,  largely  owing 
his  restoration  to  Ashley  Cooper's  management  and  to 
Monk's  resolute  control  of  the  hostile  army ;  to  Clarendon's 
counsel,  and  to  the  fidelity  of  loyal  friends,  who  never  for- 
sook his  cause. 


The  Cape  Pear  explored 

While  these  events  were  stirring  England  to  its  very  foun-  1661 
datum,  and,  by  the  overthrow  of  the  Independents,  the  sup- 
pression of  the  Republicans  and  the  restoration  of  the 
monarchy,  had  prepared  the  way  for  a  new  exodus  from  the 
mother  country,  perhaps  because  of  the  favorable  reports 
spread  abroad  concerning  the  summer  land  of  the  "new 
plantations,"  attention  was  drawn  to  Carolina  as  a  desirable 
location  for  a  new  colony.  From  the  north  and  the  south 
alike  now  came  explorers.  Massachusetts  had  at  different 
times  projected  colonies  to  the  southward,  and  her  vessels 
traded  along  the  coast  and  up  the  Chesapeake,  and  after 
an  exploration  of  the  Cape  Fear  River,  perhaps  as  early 
as  1 661,  an  association  was  formed  in  Massachusetts  to 
establish  a  plantation  there,  and  the  assistance  of  some  Lon- 
don merchants  was  invoked  with  the  expectation  that  they 
would  supply  the  needed  capital.  But  if  New  England  was 
looking  to  a  more  temperate  climate  with  a  view  to  coloniza- 
tion, there  were  adventurers  at  Barbadoes  who  were  likewise 
casting  longing  eyes  to  the  shores  of  Florida,  as  they  then 
usually  called  Carolina.  Barbadoes  had  been  settled  by  the 
English  in  1625,  and  during  the  civil  war  many  Royalists 
found  refuge  there,  and  a  considerable  number  of  prisoners 
taken  in  battle  were  transported  thither,  so  that  the  popula- 
tion had  become  numerous,  and  some  of  the  more  active 
spirits  were  intent  on  bettering  their  fortunes  in  a  new  settle- 
ment. Captain  William  Hilton,  with  his  vessel,  the  Adven- 
ture, was  despatched  by  John  Vassall  and  others  from 
Barbadoes  to  explore  the  Carolina  coast,  and  he  had  ascended 


New 


64       BEGINNINGS  OF  PERMANENT  SETTLEMENT 

^3  the  Cape  Fear  and  had  made  a  favorable  report  of  it. 

p'coikftoo    Shortly  afterward  the  first  of  the  proposed  settlers  from 

August  la, '  New  England  came  to  the  Cape  Fear,  but  perhaps  because 

c.  R.,1,19    Hilton  had  made  his  exploration  and  their  title  would  be 

disputed,  without  locating  permanently  they  turned  loose 

their  cattle  on  the  cape,  and  having  deposited  in  a  box  a 

onn<cij2efS    PaPer  writing  in  which  they  sought  to  disparage  that  region, 

Fear  they  returned  home  and  spread  evil  reports  of  both  the 

soil  and  the  harbor.    Some  other  vessels  had  followed  them 

from  New  England,  but  these  also  returned  without  making 

a  settlement. 


Berkeley  receives  instructions  about  Carolina 

c.rmi,  While  these  movements  looking  to  a  settlement  in  Carolina 

were  in  progress,  Sir  William  Berkeley  was  again  governor 
of  Virginia.  That  devoted  loyalist  had  been  removed  from 
office  when  the  Old  Dominion  yielded  to  the  authority  of 
Parliament  in  1652,  but  after  the  abdication  of  Richard 
Cromwell  and  before  the  Restoration,  he  had  been  elected 
governor  by  the  General  Assembly,  and  was  holding  his 
office  at  the  will  of  the  Virginians  when  Charles  regained 
his  throne.  The  following  year  he  visited  England  to  pay 
his  court  to  the  restored  monarch,  returning  to  Virginia  in 
November,  1662. 

While  in  England  he  represented  the  situation  of  the 
settlers  on  Carolina,  or  Roanoke  Sound,  as  it  was  sometimes 
called,  who  had  purchased  their  lands  and  received  deeds 
from  Kilcocanen,  and  regarded  themselves  as  beyond  the 
borders  of  Virginia,  and  he  received  particular  directions  to 
ignore  the  Indian  titles  and  to  require  the  inhabitants  who 
had  settled  there  to  take  out  patents  from  him  under  the 
Virginia  laws.  Pursuant  to  this  authority,  immediately  on 
his  return,  in  the  autumn  of  1662,  Sir  William  announced 
that  the  inhabitants  on  Roanoke  Sound  should  no  longer 
hold  under  Indian  titles,  and  he  required  all  who  had  seated 
land  in  the  "new  plantations"  to  take  out  patents  from  him 


PATENTS  TO  THE  PIONEERS  65 

and  pay  the  usual  quitrent.     Patents  were  at  once  taken  lJ£ 

out  by  Thomas  Relfe  for  lands  on  the  south  side  of  Pasquo- 
tank River  adjoining  Thomas  Keele's  land ;  and  by  Robert 
Peele  for  land  on  Pasquotank  River;  by  John  Harvey  fo^SettZn 
land  on  Chowan  River,  and  another  patent  for  two  hundre'^K 
and  fifty  acres  by  John  Harvey  on  the  River  Carolina  adjoin 
ing  Roger  Williams's  land,  Harvey  having  brought  seve 
teen  persons  into  the  colony ;  by  Captain  John  Jenkins,  wh 
had  brought  in  fourteen  persons,  for  seven  hundred  acres, 
being  a  neck  bounded  on  the  south  by  the  River  Carolina  and 
on  the  north  by  Perquimans  River  and  on  the  west  by  the 
great  swamp  that  divides  it  from  Thomas  Jarvis's  land ;  and 
by  George  Catchmaid  for  fifteen  hundred  acres  adjoining 
Captain  Jenkins,  who  brought  in  thirty  persons.  Dr.  Relfe 
had  brought  with  him  fifteen  persons,  and  the  others  a 
greater  or  a  less  number. 

Another  patent  was  issued  to  George  Catchmaid   for 
Durant's  Neck,  including  George  Durant's  land.   Durant  had 
induced  Catchmaid  to  come  and  seat  adjoining  his  premises,  c.r.,1,59 
and  when  Berkeley's  instructions  were  made  known,  Catch-  ****** 
maid  undertook  to  obtain  a  patent  for  Durant  as  well  as 
for  himself,  but  instead  of  doing  so,  he  took  out  one  patent 
covering  both  premises.    He  thereafter  executed  an  agree-  sl^if  s5» 
ment  to  make  a  conveyance  to  Durant,  which  led  to  a  law- 
suit, the  record  of  which  is  full  of  historical  interest. 

Doubtless  there  were  many  other  such  patents  issued  to 
those  who  had  purchased  Indian  titles;  but  these  serve  to 
preserve  the  names  of  some  of  the  earlier  settlers,  and  they 
show  that  they  did  not  come  empty-handed,  but,  as 
Lawson  says,  they  were  men  of  substance,  each  attended 
by  a  considerable  retinue  of  servants.  George  Durant 
came  to  be  one  of  the  most  influential  inhabitants  of 
Albemarle. 

George  Catchmaid,  Gent.,  of  Treslick,  became  the  first 
speaker  of  the  Assembly  and  his  widow  married  Timothy 
Biggs,  who  afterward  became  one  of  the  early  Quakers  and 


66        BEGINNINGS  OF  PERMANENT  SETTLEMENT 

l^l  was  the  first  surveyor  of  customs.    John  Jenkins  became  gov- 

ernor, as  did  John  Harvey;  Dr.  Thomas  Relfe  attained 
the  age  of  ninety,  and  has  descendants  still  living  in  Albe- 
marle, and  Thomas  Jarvis  was  deputy  governor,  1691-94, 
and  there  are  Peeles  also  in  that  section,  and  many  Battles 
in  the  State.  A  little  later  Roger  Williams's  executrix 
married  Edward  Haswell.  There  are  two  grants  on  record 
for  land  embraced  in  two  of  the  above  patents,  one  to  Thomas 
Relfe,  the  other  to  John  Harvey,  adjoining  the  lands  of 
Roger  Williams,  for  which  a  grant  was  issued  sixteen  years 
later  to  John  Varnham,  being  near  Skinner's  Point,  formerly 
known  as  Moseley's  Point. 
Local  names  it  wiH  be  observed  that  in  these  patents  issued  before 
the  end  of  September,  1663,  by  Governor  Berkeley,  the  sound 
itself,  once  called  Roanoke  Sound,  was  designated  as  the 
Carolina  River,  its  mouth  being  at  the  inlet.  In  London 
the  Proprietors  named  it  the  Albemarle,  saying  that  it  had 
been  the  Chowan  River,  and  Colleton  Island  was  near  its 
Colleton  mouth ;  while  the  Roanoke,  the  Chowan,  Pasquotank  and 
slrjohn  Perquimans  rivers  were  already  known  by  those  names. 
c?R!loin'  ^ne  onty  in^  mentioned  at  that  time  was  Roanoke,  in  the 

8k£5ranudto   vicinity  of  Colleton  Island ;  but  Ocracoke  Inlet  was  then 
oth™y  and   known  to  exist,  and  it  was  thought  to  be  a  bolder  one  than 
59  *t**q.       Roanoke.    By  that  time  the  old  Hatteras  and  Croatan  inlets 
had  closed ;  and  a  new  breach  had  broken  through  the  banks 
opposite  the  upper  portion  of  Roanoke  Island. 

The  Quakers 

So  far  as  the  records  show,  the  actual  settlement  began 
about  1659,  about  the  time  when  New  England  and  Virginia 
were  frowning  at  the  new  sect,  the  Friends,  then  attracting 
attention  because  of  their  stubborn  opposition  to  some  of 
the  established  usages  of  society  and  government.  But  that 
was  a  coincidence  rather  than  cause  and  effect.  At  that  time 
the  number  of  Quakers  in  Virginia  must  have  been  very 
small.  The  Society  of  Friends  was  introduced  into  that 
colony   by   Elizabeth    Harris,   who   arrived   in    1656,   and, 


REASONS  FOR  SETTLEMENT  67 

remaining  but  a  few  months,  returned  to  England  the  next  J*! 

year.  In  March,  1660,  the  General  Assembly  prohibited  any 
Quaker  from  coming  into  the  province,  and  that  adverse 
legislation  extended  to  the  Albemarle  region  equally  with 
the  other  portions  of  Virginia.  Nor,  indeed,  did  any 
Quakers  come  to  Albemarle  seeking  refuge  and  a  haven. 
Ten  years  after  the  settlement,  Edmundson  came  from  Vir- 
ginia to  Carolina  and  reached  the  place  he  intended,  Henry 
Phillips's  house,  by  the  Albemarle.  "He  and  his  wife,"  wrote 
Edmundson  in  his  journal,  "had  been  convinced  of  the  truth 
in  New  England,  and  came  here  to  live,  and,  not  having  seen 
a  Friend  for  seven  years  before,  wept  for  joy  to  see  us."  2S?w. 
Up  to  1672  Phillips  and  his  wife  were  the  only  Quakers  in  n^*t^1 
Albemarle.  On  the  other  hand,  it  affirmatively  appears  that 
the  settlement  was  brought  about  by  the  ordinary  induce- 
ments of  a  favorable  location,  as  Lawson  expressly  states; 
and  it  may  be  that  the  Albemarle  country  offered  some 
inducements  in  the  way  of  security  against  the  hostility  of 
the  Indians,  whose  depredations  had  checked  the  expansion 
of  the  colony  on  the  James.  The  savages  beyond  Nansemond 
were  not  so  numerous  and  were  more  gentle,  and  the  great 
sounds  afforded  protection  from  the  southward ;  while  Fort 
Christiana,  on  the  upper  Meherrin,  gave  security  from  that 
quarter.  There  was,  however,  a  breadth  of  some  thirty 
miles  intervening  between  the  inhabited  parts  of  Virginia 
and  the  Albemarle  settlement  where  the  Indians  roamed  at 
will. 

The  grant  to  the  Lords  Proprietors 

Seeing  that  the  time  was  ripe  for  colonizing  Carolina, 
Governor  Berkeley  doubtless  conceived  the  idea  of  secur- 
ing some  advantage  from  it  for  himself  and  others  who  had 
suffered  because  of  their  loyalty  to  their  sovereign.  Appli- 
cation was  made  to  the  king  for  a  grant  of  Carolina  to 
Sir  William,  his  brother,  John  Lord  Berkeley,  Sir  John 
Colleton,  then  at  the  Barbadoes,  who  had  spent  £140,000 
in    the    king's    cause,    and    a    number    of    other    gentle- 


68        BEGINNINGS  OF  PERMANENT  SETTLEMENT 


1663 


The  m 
Proprietors 


Their 
powers 


men  whose  valuable  services  the  king  might  well  have 
rewarded  by  such  a  princely  gift;  and  on  March  24, 
1663,  the  grant  was  secured.  The  grantees  were  per- 
sons of  the  highest  consequence.  Edward  Hyde,  Earl  of 
Clarendon,  the  most  illustrious  of  the  king's  friends,  whose 
daughter  had  married  the  king's  brother ;  General  Monk, 
who,  having  restored  the  monarchy  and  placed  Charles  on 
the  throne,  had  been  created  Duke  of  Albemarle;  William 
Earl  of  Craven,  a  military  officer  of  great  merit,  who  had 
advanced  large  sums  to  Charles;  Ashley  Cooper,  after- 
ward created  Earl  of  Shaftesbury,  who  had  led  the  Parlia- 
ment, as  Monk  had  controlled  the  army;  and  Sir  George 
Carteret,  esteemed  the  best  seaman  of  his  day,  who,  like 
Colleton  and  the  two  Berkeleys,  had  ever  been  devoted  to 
the  fortunes  of  the  Stuarts.* 

These  grantees  were  constituted  absolute  Lords  Pro- 
prietors of  Carolina,  with  full  powers  of  government  such  as 
appertained  to  the  Palatine  County  of  Durham,  and  to  create 
dignities,  the  grant  being  similar  to  that  of  Sir  Robert  Heath, 
the  only  limitation  being  that  the  laws  should  not  be  repug- 
nant to  the  laws  of  England.  Six  weeks  after  the  grant 
was  issued  the  Lords  Proprietors  held  their  first  meeting 
and  formed  a  joint-stock  company,  and  provided  by  general 
contribution  for  transporting  colonists  and  for  the  payment 
of  their  expenses.  But  as  soon  as  publicity  was  given  to  the 
issuing  of  this  grant,  its  validity  was  questioned  because 
the  same  territory  had  formerly  been  bestowed  on  Sir  Robert 
Heath ;  and  Samuel  Vassall  claimed  that  he  had  an  assign- 
ment from  Sir  Robert  for  the  southern  half  of  Carolina  for 
a  term  of  years  not  then  expired,  and  Sir  Robert  Green- 
field's heirs  claimed  the  other  half;  while  the  heirs  of  the 
Duke  of  Norfolk  declared  that  Sir  Robert  took  his  grant 
originally  in  trust  for  their  ancestor;  and  Maltravers,  Earl 
of  Arundell  and  Surrey,  likewise  set  up  an  interest.  There 
is  some  reason  to  believe  that  in  1639  a  permanent  settlement 

♦Lord  John  Berkeley  and  Sir  George  Carteret  also  became  the 
owners  of  New  Jersey  in  -1664. 


PATENT  FOR  CAROLANA  ANNULLED  69 

was  attempted.    William  Hawley  appeared  in  Virginia  as  ffi 

governor  of  Carolina,  and  leave  was  granted  by  the  Vir- 
ginia legislature  that  he  might  colonize  it  by  carrying  a 
hundred  persons  from  Virginia,  freemen,  being  single  and 
disengaged  from  debt,  and  it  was  said  that  Arundell  was  at 
considerable  expense  in  planting  several  parts  of  the  country, 
but  was  prevented  from  accomplishing  his  design  by  the  J^olt, 
civil  war  breaking  out  in  England.  The  assertion  of  a  title 
older  than  the  grant  to  the  Lords  Proprietors  interfered  with 
their  contemplated  arrangements,  and  at  their  instance  the 
grant  to  Sir  Robert  Heath  was  annulled  by  the- Privy  Coun- 
cil ;  but  notwithstanding  this  proceeding,  the  title  to  Carolina 
years  afterward  was  claimed  by  Dr.  Coxe,  who  in  a 
memorial  to  King  William  III  traced  his  right  through 
different  conveyances,  and  who  declared  that  he  had  explored 
and  surveyed  a  large  portion  of  the  country,  and  his  son, 
Daniel  Coxe,  published  an  account  and  map  of  the  territory, 
which  he  still  called  Carolana. 

William  Drummond  governor  of  Albemarle 

As  soon,  however,  as  the  title  of  the  Proprietors  was 
assured,  in  September  following,  they  vested  in  Sir  William 
Berkeley  the  power  to  appoint  a  governor  for  all  that  part 
of  their  province  which  lay  on  the  northeast  side  of  the 
River  Chowan,  now  named  by  them  the  Albemarle  River, 
the  Proprietors  being  aware  that  settlements  had  been  made 
in  that  territory.  This,  then,  is  the  date  of  the  first  use  of  the 
name  Albemarle  in  connection  with  Carolina.  The  Pro-  nimed"1* 
prietors,  in  September,  1663,  changed  the  name  of  "Chowan  Septm% ,66* 
River,"  by  which  they  meant  "the  waters  of  the  sound  as  far 
as  Roanoke  Inlet,"  to  Albemarle  River,  while  the  same 
expansive  waters  had  also  been  called  the  Carolina  River; 
and  earlier,  the  Roanoke  River.  The  date  when  Governor 
Berkeley  discontinued  issuing  patents  for  land  in  Albemarle 
in  the  name  of  the  king  under  his  instructions  as  governor 
of  Virginia  was  apparently  December  25,  1663;  after  that 
the  patents  for  land  there  were  issued  under  the  direction 


7o        BEGINNINGS  OF  PERMANENT  SETTLEMENT 

*£*  of  the  Lords  Proprietors  as  being  in  Carolina.     The  first 

patents,  being  under  the  Virginia  law,  reserved  a  rent  of 
one  farthing  per  acre,  according  to  the  Virginia  custom; 
those  issued  after  December  25,  1663,  under  the  instructions 
of  the  Lords  Proprietors,  were  at  the  greater  rate  of  half 
penny  per  acre.    But  although  Governor  Berkeley  had  been 

c.r.,1.  938  jssu;ng  patents  for  the  land  on  the  Albemarle  as  subject  to 
his  authority  as  governor  of  Virginia,  and  as  not  being 
within  the  limits  of  Carolina,  yet  after  the  grant  to  himself 
and  associates  he  seems  to  have  refrained  from  asserting 
the  claim  of  Virginia  to  the  plantations  on  the  Chowan  and 
Pasquotank  and  to  have  allowed  the  Lords  Proprietors  to 
proceed  as  if  that  territory  were  within  their  domain.  He 
visited  the  new  settlement  the  following  summer,  and  con- 
formably to  their  direction,  appointed  necessary  officers  and 
organized  the  government,  and  he  either  appointed  William 
Drummond,  a  Scotchman,  then  a  resident  of  Virginia,  to  be 
the  governor,  or  recommended  him  for  that  post.  The  Lords 
Proprietors  having  speedily  considered  plans  for  the  gov- 
ernment of  their  province,  determined  to  form  counties  forty 
miles  square,  each  of  which  was  to  have  its  own  governor ; 
and  they  proposed  to  lay  off  such  a  county  on  the  Chowan 

j^enSr  and  to  call  it  Albemarle.  It  is  probable  that  in  October,  1664, 
*M '  4  they  gave  effect  to  this  purpose,  and  at  that  time  made  out 
and  transmitted  to  Drummond  his  commission  as  governor 
of  the  county  of  Albemarle,  for  on  January  7,  1665,  they 
mentioned  in  a  letter  to  him  that  they  had  previously  sent 
him  by  Peter  Carteret  his  commission  as  governor  of  Albe- 
marle County,  but  had  by  mistake  stated  that  it  was  to  con- 
tain forty  square  miles  instead  of  being  forty  miles  square ; 
and  their  plans  seem  to  have  contemplated  that  the  term 
of  office  for  the  governor  should  be  three  years;  and  in 

c.R.(i,9s  October,  1667,  a  successor  was  appointed  to  Drummond. 
Later,  one  Nathaniel  Batts  was  mentioned  as  having  been 
governor  of  Roanoke,  and  he  may  have  been  appointed  to 
that  office  by  Governor  Berkeley  under  the  instructions  of 
the  Lords   Proprietors,  Roanoke  Island  not  being  within 


CAROLINA  ENLARGED  *  7* 

Albemarle  County  as  originally  laid  off,  and  authority  hav-  £** 

ing  been  given  to  Berkeley  to  establish  two  separate  gov- 
ernments, one  for  each  division  of  territory. 

The  second  grant 

Probably  it  was  in  connection  with  the  organization  of  the 
new  government  that  attention  was  sharply  drawn  to  the 
fact  that  the  Albemarle  settlement  was  not  in  Carolina,  but 
was  really  within  the  boundaries  of  Virginia.  The  Lords 
Proprietors,  becoming  aware  that  the  limits  of  Carolina 
just  touched  the  northern  shore  of  the  sound  and  did  not 
embrace  the  plantations  that  had  been  settled,  hastened  to 
apply  to  the  king  for  an  extension  of  their  grant  some 
thirty  miles  further  northward,  and  on  June  30,  1665,  the 
king  was  pleased  to  make  this  addition  to  their  possessions, 
and  issued  a  second  grant  or  charter,  extending  Carolina  to 
36  degrees  30  minutes  north  latitude,  which  has  ever 
since  been  the  dividing  line  between  the  two  territories ;  and 
also  extending  it  two  degrees  further  to  the  southward. 


CHAPTER  VII 

Settlement  on  the  Cape  Fear 

The  settlement  on  the  Cape  Fear. — Hilton's  explorations. — The 
New  England  Association. — The  first  settlement. — Sir  John  Ycamans, 
governor. — Conditions  at  Charlestown. — Yeamans  sails  from  Barba- 
does. — An  Assembly  at  Cape  Fear. — An  Indian  war. — Dissatisfaction. 
— The  Cape  Fear  River  abandoned. — A  new  Charlestown  on  Ashley 
River. — Slavery  in  the  colonies. — The  Indian  inhabitants 


x66a 


Hilton 
makes  a 
second 
expedition 


October, 
1663 


C.R.,1,71 


The  settlement  of  the  Cape  Fear 

The  evil  reports  set  afoot  in  1662  by  the  New  Englanders 
in  regard  to  the  Cape  Fear  soon  reached  Barbadoes,  and  the 
persons  there  who  had  in  contemplation  a  settlement  on 
that  river  thought  it  expedient,  before  proceeding  further, 
to  cause  a  more  particular  investigation  to  be  made  of  that 
locality.  Colonel  Modyford  and  John  Vassall,  the  chief 
promoters,  again  engaged  the  services  of  Hilton,  who 
with  Anthony  Long  and  Peter  Fabian,  as  representatives  of 
the  association,  in  August,  1663,  set  sail  on  the  Adventure 
upon  a  new  mission  of  discovery  and  particular  exploration. 
They  skirted  the  coast  from  September  29th  to  October  2d 
without  finding  an  entrance,  and  when  they  were  in  the 
vicinity  of  Cape  Fear  a  violent  storm  came  up,  and  they 
were  carried  by  the  strong  current  of  the  Gulf  Stream 
nearly  up  to  Hatteras.  Returning,  they  reached  the  outer 
roads  of  Cape  Fear  on  October  12th,  and  then  visited  the 
cape,  expecting  to  find  the  cattle  left  there  by  the  New 
Englanders.  But  the  cattle  could  not  be  found.  Doubtless 
the  Indians  had  feasted  upon  them.  A  fortnight  later  they 
entered  the  harbor,  and  finally  came  to  anchor  at  the  junction 
of  what  they  called  the  Main  River  and  Green  River,  where 
the  town  of  Wilmington  now  is.  They  ascended  in  their 
boats  the  northeast  branch,  naming  certain  localities  Turkey 
Quarter,  Rocky  Point,  and  Stag  Park;  and  likewise  the 
northwest  branch,  and  Clarendon  River,  which  they  called 


HILTON  EXPLORES  THE  CAPE  FEAR  73 

Hilton;  and  while  they  found  much  poor  land  and  many  .  *fr 
pine  barrens,  and  along  the  streams  extensive  marshes,  on 
the  whole  they  were  pleased  with  the  locality  as  being  suit- 
able for  a  settlement.  Indeed,  no  region  is  more  attractive 
than  the  Cape  Fear  in  autumn.  The  soft,  moderate  climate, 
the  fine  vegetation,  the  numerous  flowers,  the  towering  pines, 
were  all  calculated  to  impress  the  explorers  most  favorably. 
After  a  delightful  experience  of  six  weeks  spent  in  explora- 
tion, they  turned  their  backs  and  dropped  down  to  Crane 
Island,  about  four  leagues  from  the  entrance  of  the  harbor, 
where  they  purchased  the  river  and  the  adjacent  land  from 
Wat  Coosa,  the  king  of  the  neighboring  Indians,  and  his 
chief  men,  and  established  friendly  relations  with  them.  On 
December  4th  they  weighed  anchor  and  turned  their  prow 
southward  for  Barbadoes,  where  they  arrived  after  a  perilous 
voyage  of  sixty  days.  In  their  report  they  strongly 
denounced  the  disparaging  statement  made  by  the  New  Eng- 
enders concerning  the  Cape  Fear  lands,  and  they  gave  a 
renewed  impetus  to  the  projected  enterprise. 

But  while  these  steps  were  being  taken  at  Barbadoes,  the 
New  England  Association  had  not  remained  inactive.  Still 
purposing  to  establish  a  colony  on  the  Cape  Fear,  they 
sought  the  aid  of  London  merchants  to  furnish  means  and 
supplies,  and  to  secure  settlers  from  England,  and  were 
taking  measures  to  make  the  enterprise  a  success.  Such  was 
the  situation  when  it  became  known  that  Carolina  had  been 
granted  to  the  Lords  Proprietors,  and  that  terms  of  settle- 
ment and  title  must  be  obtained  from  them. 

When  this  information  was  received,  the  London  adven-  c.r.,  1, 36 
turers  who  were  associated  with  the  New  Englanders 
hastened  to  apply  to  the  Lords  Proprietors  for  the  terms  on 
which  a  settlement  could  be  made,  and  obtained  assurances 
of  liberal  treatment.  The  Proprietors,  however,  claimed  the 
privilege  of  appointing  the  governor,  and  this  was  not  satis- 
factory to  the  New  Englanders,  who  had  always  enjoyed 
the  right  of  choosing  their  own  governors,  and  objected 
to  any  other  mode  of  appointment.     But  this  difference  it 


74  SETTLEMENT  ON  THE  CAPE  FEAR 

1^2  was  hoped  might  be  reconciled.     Indeed,  the  Proprietors  \. 

were  eager  to  promote  the  settlement  of  their  possessions, 
and  were  active  and  energetic  in  doing  so,  considering  the 
pressing  demands  upon  them  of  their  high  public  em- 
ployment. 

Hardly  had  they  entered  upon  their  negotiations  with  the 
New  Englanders,  however,  when  on  August  12th  they 
received  a  communication  from  Barbadoes,  signed  by 
Colonel  Thomas  Modyford  and  Peter  Colleton,  who  were 
cousins  of  the  Duke  of  Albemarle,  detailing  the  designs  of 
the  Barbadoes  adventurers  and  applying  for  terms  of  settle- 
c  R-,  1, 39  ment.  With  these  two  applications  pending,  the  Proprietors, 
buoyant  with  the  prospects,  hastened  to  respond,  and  on 
The  August  25th  they  published  their  first  declarations  and  pro- 

a!Slarations  Posa^s  t0  a^  that  will  plant  in  Carolina.  They  authorized 
proposals  fatf  tne  first  settlement  should  be  on  Charles  River,  as  Cape 
Fear  River  was  then  named;  and  announced  that  the  col- 
onists were  to  make  their  own  laws  by  their  assembly- 
men, by  and  with  the  advice  and  consent  of  the  governor 
and  council.  Freedom  and  liberty  of  conscience  in  all  re- 
ligious and  spiritual  things  were  absolutely  granted.  They 
sought  particularly  to  satisfy  the  New  Englanders,  who, 
being  Independents,  demanded  the  right  of  electing  their 
governor  and  all  other  officers,  by  agreeing  that  the  settlers, 
before  embarking,  should  present  to  them  the  names  of 
thirteen  of  the  actual  settlers,  of  whom  one  would  be  selected 
for  governor,  and  six  more  for  the  council ;  and  at  the  end 
of  every  three  years  the  inhabitants  should  in  like  manner 
present  thirteen  persons  from  whom  the  governor  and 
council  should  be  selected. 

But  even  this  was  not  satisfactory  to  the  London  agents 
of  the  New  Englanders,  who  insisted  that  the  governor 
must  be  elected  by  the  people.  The  Proprietors,  however, 
disregarded  this  demand,  and,  hopeful  of  final  acquiescence, 
sought  to  consolidate  the  different  interests,  and  to  have  the 
adventurers  or  promoters  at  Barbadoes  associate  with  them 
those  in   New  England  and  such  persons  in  London,  the 


C.RnI,43 


CHARLESTOWN  ON  THE  CAPE  FEAR  75 

Bermudas  and  other  islands  in  the  Caribbean  Sea  as  could  2*J 

be  induced  to  engage  in  the  enterprise. 

These  efforts  were  in  some  measure  successful.    The  con- 
flicting claims  of  New  England  and  Barbadoes  were  recon- 
ciled, and  an  association,  of  which  Henry  Vassall  was  the 
London  agent,  was  formed  to  make  the  settlement    Vassall 
with  much  persistency  continued  negotiations   for  better 
terms,  and  finally  secured  concessions  which  he  thought 
would  be  acceded  to,  and  transmitted  them  to  Barbadoes. 
The  promoters  at  Barbadoes  now  applied  themselves  with 
such  diligence  to  the  work  of  preparation  that  on  May  29,  h**"*1*** 
1664,  the  first  instalment  of  colonists  disembarked  on  the  fi°*1"rir 
banks  of  the  Cape  Fear  and  established  themselves  at  the  2^7 
mouth  of  the  creek  since  known  as  Old  Town  Creek,  and 
thither  soon  came  accessions  from  New  England,  and  the 
settlement  was  apparently  on  a  permanent  and  solid  basis.  c.R*i,ift 
The  river  as  early  as  August,  1663,  was  called  the  Charles 
River,  in  honor  of  King  Charles,  and  the  new  town  was 
named  Charlestown.    Five  months  after  this  settlement,  in 
October,  1664,  at  the  time  when  the  county  of  Albemarle 
was  laid  off,  the  county  of  Clarendon  was  established  on  the 
Cape  Fear,  and  John  Vassall  was  appointed  surveyor  and  q^^^^ 
Robert  Sanford  register  of  that  county.  chwdo« 

But  among  the  Barbadoes  adventurers  were  some  who 
were  not  favorable  to  the  location  on  the  Cape  Fear,  and 
preferred  a  settlement  further  to  the  southward.  The  Pro- 
prietors themselves  entertained  similar  views,  and  dwelt 
upon  the  necessity  of  establishing  a  colony  at  Port  Royal. 
While  willing  to  foster  all  projects,  they  regarded  with  par- 
ticular favor  this  new  movement.  Chief  among  the  pro- 
moters of  it  were  Colonel  John  Yeamans,  his  son,  Major 
William  Yeamans,  Colonel  Edward  Reade  and  Captain 
William  Merrick,  and  these  and  their  associates  were  sup-  c.r.,i,js 
posed  to  have  the  greatest  influence  at  Barbadoes.  Sir  John 
Colleton,  one  of  the  Proprietors  who  had  resided  in  that 
island,  was  a  staunch  friend  of  Colonel  Yeamans,  and  recom- 
mended that  he  should  be  selected  to  manage  the  details  of 


76 


SETTLEMENT  ON  THE  CAPE  FEAR 


1664 


C.R.,1,94 

Yeamans 

governor 

of 

Clarendon 

County 


C.R.,1,78 


C.R.,  1,79 


"The   Con- 
cessions" 


organizing  the  colony.  Resolved  on  this  course,  the  Pro- 
prietors ignored  the  negotiations  they  had  had  with  Henry 
Vassall  as  the  agent  of  the  association  for  the  settlement 
of  Cape  Fear  and  determined  to  treat  with  Major  William 
Yeamans,  who,  in  the  name  of  his  father  and  eighty  other 
adventurers,  made  proposals  for  the  exploration  of  the  coast 
and  for  establishing  a  colony  further  to  the  southward. 

The  negotiations  being  concluded,  the  Proprietors,  in 
order  to  strengthen  the  probabilities  of  success,  sought  and 
obtained  knighthood  for  Colonel  Yeamans,  who  at  their 
instance  was  created  baronet,  and  on  January  11,  1665,  they 
appointed  him  governor  of  Clarendon  County  and  of  all 
of  Carolina  to  the  southward  and  commissioned  him  lieuten- 
ant-general, and  invested  him  with  full  powers  of  control. 
Contemporaneously  with  this  appointment,  the  Yeamans 
association,  including  some  who  had  been  interested  in  the 
colony  already  settled  on  Cape  Fear  and  other  associates  in 
England,  New  England,  the  Leeward  Islands  and  the  Ber- 
mudas, agreed  on  their  part  that  before  the  last  day  of 
September,  1665,  they  would  provide  two  ships  with 
ordnance  and  munitions  and  provisions  to  make  a  settle- 
ment south  of  Cape  Romania,  there  to  settle  and  erect 
a  fort.  These  measures  being  taken  looking  to  colonization, 
the  Lords  Proprietors  now  promulgated  their  ''concessions" 
and  agreement  with  all  who  should  settle  at  Albemarle,  at 
Clarendon,  and  at  a  county  to  be  established  ^further  south, 
which  was  to  be  called  Craven. 


C.R.,I, 

154-156 


Conditions  at  Charlestown  on  Cape  Fear 

The  Vassall  colony  at  Cape  Fear  had  now  been  seated  a 
year  and  a  half,  and  the  additions  had  been  so  considerable 
that  a  publication  intended  to  promote  it  claimed  that  the 
population  was  already  eight  hundred.  It  is  said  they 
brought  with  them  from  the  Barbadoes  cotton  seed,  which, 
with  corn  and  pulse,  they  planted ;  and  that  in  their  clearings 
they  felled  much  timber,  which  was  profitably  shipped  to  Bar- 
badoes; and  they  erected  their  houses  and  built  forts,  and 


THE  ARRIVAL  OF  YEAMANS  77 

made  much  progress  toward  establishing  permanent  plan-  x^j 

tations.  But  despite  the  influx  of  population,  they  were  still 
dependent  on  others  for  provisions,  clothing,  and  necessaries.  c?r*?T,  "7 
Besides,  they  had  early  incurred  the  enmity  of  the  Indians 
by  sending  away  some  of  the  Indian  children  under  pre- 
tence of  instructing  them  in  learning  and  in  the  principles 
of  the  Christian  religion;  and  although  the  Indians  had 
no  guns,  only  bows  and  arrows,  they  annoyed  the  settlers 
and  killed  their  cattle.  The  fall  of  1665  thus  found  them 
in  a  bad  case,  in  want  of  provisions,  clothing  and  munitions, 
but  they  were  hopeful  of  speedy  relief  and  were  anxiously 
expecting  the  arrival  of  the  governor  with  needed  succors. 

Yeamans  sails  from  Barbadoes 


The  king's 


For  some  time  great  preparations  had  been  making  at 
Barbadoes  to  carry  into  effect  the  agreement  with  the  Lords 
Proprietors.  Sir  John  Yeamans  had  secured  a  frigate  of  *»** 
his  own,  the  associated  adventurers  purchased  a  sloop,  and 
the  Lords  Proprietors  bought  a  fly-boat,  the  Sir  John,  of 
one  hundred  and  fifty  tons,  which  were  to  be  used  in  the 
expedition.  On  the  fly-boat  were  stored  the  munitions  and 
the  provisions  and  the  armament  for  the  fort,  a  part  being 
twelve  cannon,  a  present  from  the  king.  By  October,  all 
being  in  readiness,  the  governor  and  his  little  fleet  set  sail 
for  Cape  Fear.  On  the  way  the  vessels  were  separated  1665 
by  a  great  storm,  in  which  the  frigate  lost  her  mast  and 
came  near  foundering.  But  eventually,  early  in  November, 
they  all  came  to  anchor  before  the  mouth  of  Charles  River. 
Suddenly,  however,  a  fresh  gale  swept  them  from  their 
insecure  anchorage  and  drove  them  to  sea;  and  upon  their 
return  the  Sir  John  stranded  upon  the  outer  shoals  of  the 
bar,  where  she  was  soon  broken  to  pieces  by  the  violence  of 
the  waves.  Those  on  board  fortunately  were  saved;  but 
the  provisions  and  clothing,  the  magazines  of  arms,  the 
powder  and  the  king's  cannon  were  all  lost. 

Undismayed  by  his  misfortunes,  Yeamans  began  at  once 
to  repair  his  frigate,  which  with  the  sloop  had  gotten  safely 


November, 

1665 

C.  K.,  I,  IIQ 


78  SETTLEMENT  ON  THE  CAPE  FEAR 

,665  into  the  river,  and  proposed  to  send  her  back  to  Barbadoes 

for  recruits,  while  he  awaited  the  result  of  an  exploration 
to  the  southward  by  Robert  Sanford  in  the  sloop.  But  the 
necessities  of  the  colonists,  heightened  by  the  loss  of  the 
provisions  on  the  fly-boat,  led  to  a  great  clamoring  that  the 
sloop  might  be  sent  to  Virginia  for  their  immediate  relief. 
To  this  Sir  John  assented,  and  having  arranged  for  the 
exploration  to  be  made  later  by  Sanford,  he  himself  returned 
to  Barbadoes  in  his  disabled  frigate.  The  sloop  reached 
Virginia  and  obtained  a  supply  of  provisions,  but  on  the 
return  voyage  it  was  driven  on  shore  at  Cape  Lookout  by  a 
violent  storm  and  was  cast  away.  All  of  the  crew  except 
two,  however,  escaped  in  their  boat,  and  after  many  perils 
contrived  to  reach  the  plantations  on  the  Chowan. 

An  Assembly  at  Cape  Fear 

While  Sir  John  was  still  at  Charlestown,  probably  in  De- 
cember, 1665,  an  Assembly  was  held  for  Clarendon  County, 
he  and  his  council  participating;  and  an  address  was  pre- 
pared to  be  sent  to  the  Lords  Proprietors  detailing  the 
grievances  of  the  colony  and  asking  for  redress.  Although 
?66^or\^  Sir  John  at  first  agreed  to  join  in  this  petition,  at  the  last 
he  withheld  his  signature.  In  it  the  Assembly,  of  which 
John  Vassall  seems  to  have  been  speaker,  and  the  council 
complained  of  the  terms  set  out  in  "the  concessions";  that 
the  rent  was  too  high ;  that  the  method  of  laying  off  the  land 
was  not  satisfactory ;  and  that  the  penalty  of  forfeiture  if  a 
man  were  not  kept  on  every  hundred  acres  was  unreasonable. 
They  rehearsed  that  they  had  come  to  Cape  Fear  notwith- 
standing the  obloquy  resting  upon  it,  and  were  promised 
large  holdings  of  land  by  those  acting  for  the  Lords  Pro- 
prietors; that  after  they  had  embarked  upon  the  enterprise 
the  negotiations  with  their  agent  for  terms  had  been  inter- 
rupted by  the  agreement  made  with  Major  William  Yea- 
mans,  and  now  that  misfortune  had  overtaken  those  acting 
under  that  agreement  they  had  lost  all  interest  in  sustaining 
the  colony.     They  therefore  prayed  that  the  negotiations 


ADDRESS  FROM  CHARLESTOWN  79 

which  had  been  interrupted  might  be  again  taken  up  "with  ££ 

us  and  with  the  adventurers  of  Old  and  New  England" ;  and 
they  promised,  "when  supported  by  freedom,  to  trample  on 
all  difficulties."  And  they  warned  the  Proprietors  that, 
being  deserted  by  all,  only  ruin  awaited  them,  and  that  they 
were  utterly  unable  either  to  proceed  or  retire  without  aid, 
and  this  they  could  hope  to  receive  only  upon  obtaining  the 
terms  originally  asked. 

From  this  address  and  other  circumstances  it  appears  ... 
that  the  settlement  had  been  chiefly  made  from  New  Eng- 
land, and  that  when  the  Proprietors  declined  to  allow  them 
to  elect  their  own  governor  the  New  England  association 
refused  to  proceed;  while  the  adventurers  at  Barbadoes 
chiefly  looked  to  the  proposed  settlement  further  to  the 
southward.  Such  was  the  situation  of  the  colonists  in  the 
winter  of  1665,  eighteen  months  after  the  first  landing,  when 
Sir  John  Yeamans  was  for  a  short  time  at  Charlestown :  the 
Indians  hostile,  their  cattle  being  destroyed,  constantly  GMw 
menaced  by  danger,  provisions  scarce,  clothing  needed,  and 
influences  preventing  supplies  being  furnished  them,  while 
they  themselves  were  dissatisfied  with  the  terms  of  settle- 
ment offered  by  the  Lords  Proprietors.  Still,  there  was 
some  trade,  the  colonists  having  lumber  to  send  out,  and  an 
occasional  vessel  visited  Charlestown;  and  one  evening  in 
June,  Robert  Sanford  together  with  some  seventeen  other 
inhabitants  sailed  southward,  exploring  the  coast  as  far  as 
Port  Royal,  finding  many  places  that  were  favorable  for 
settlement,  uniting  good  lands  and  an  excellent  harbor  with 
security  against  attack  by  the  Indians.  And,  indeed,  he 
reported  that  he  observed  an  emulation  among  the  Indians 
to  secure  the  friendship  of  the  English,  and  this  notwith- 
standing they  knew  that  the  colonists  at  Qarendon  were  in 
actual  war  with  the  Cape  Fear  Indians  and  had  sent 
away  many  of  them.  On  their  return,  after  a  month  spent 
in  exploration,  their  accounts  seemed  to  have  increased  the 
dissatisfaction  among  the  inhabitants  at  Charlestown,  who 
in  sending  their  address  to  England  insisted  that  "because 


80  SETTLEMENT  ON  THE  CAPE  FEAR 

x™  they  had  settled  in  the  worst  locality,  the  heaviest  terms 

should  not  be  exacted  from  them." 

c.  r.,  i,  144  John  Vassall  seems  to  have  been  in  charge  of  the  colony, 
and  in  August,  1666,  his  cousin,  Henry  Vassall,  their  agent 
in  London,  again  sought  a  hearing  by  the  Lords  Proprietors. 
He  remonstrated  with  them  that  after  agreeing  with  him  on 
terms  of  settlement,  they  ignored  those  negotiations  and 
entered  into  a  different  agreement  with  Major  Yeamans, 

Vassall  and  that  the  colonists  were  dissatisfied.  He  renewed  his 
solicitations  for  the  terms  originally  agreed  on,  and  declared 
that  many  in  England,  in  New  England,  the  Barbadoes  and 
those  actually  at  Cape  Fear  now  awaited  the  issue  of  his 
last  appeal  in  their  behalf.  If  his  demands  should  be 
assented  to,  he  said,  a  good  ship  was  ready  to  sail  with  men 
and  provisions,  with  the  likelihood  of  other  ships  following 
in  the  spring.  But  otherwise  the  whole  design  would  be 
abandoned  and  those  on  the  place,  he  asserted,  would  give 
up  the  settlement. 

The  Cape  Fear  River  abandoned 

Vassall's  warning  seems  to  have  been  unheeded.  Sir  John 
Colleton,  one  of  the  most  active  of  the  Proprietors,  lay  dead. 
Albemarle  was  off  the  coast  of  Holland  fighting  the  greatest 
sea  battle  of  that  era.  The  other  Proprietors  were  too 
closely  engaged  to  give  much  attention  to  Carolina.  As 
time  passed  the  situation  at  Clarendon  grew  steadily  worse. 

c.  r„  i,  160  In  November,  John  Vassall  sent  an  agent,  Whitaker,  to  give 
an  account  of  the  condition  of  the  colonists,  but  he  was  taken 
prisoner  either  by  the  French  or  the  Dutch,  and  his  mission 
failed.  Vassall  wrote  that  he  "had  not  heard  a  word  from 
any  of  the  Proprietors  since  he  received  his  commission  by 
Mr.  Sanford,"  in  November,  1664.  But  the  settlers  still 
had  friends  in  Massachusetts.    The  General  Court  of  Massa- 

c.R.,1, 161  chusetts,  touched  by  their  distress,  imposed  a  general  tax 
for  their  benefit  throughout  that  colony,  and  for  a  season  the 
necessities  of  Charlestown  were  relieved.     Such  measures, 


October, 

1667 

C.  R.,  1, 159 


CHARLESTOWN  ON  CAPE  FEAR  ABANDONED     81 

however,  were  only  palliatives  and  not  remedies.    The  causes  ^ 

of  discontent  continued  without  abatement. 

Vassall,  who  had  spent  much  of  his  means  in  the  enter- 
prise, was  greatly  interested  that  it  should  not  fail. 

He  sought  to  keep  the  colonists  together,  and  for  a  time 
succeeded.  But  at  length  they  found  a  way  by  land  to 
Albemarle,  and  neither  his  arguments  nor  his  authority 
could  longer  prevail  to  quiet  them.  He  therefore  detained 
the  first  vessel  that  came  in  until  he  could  collect  others  to 
take  them  all  away  together.  Some  went  to  Virginia,  but 
the  larger  part  returned  to  Boston ;  so,  in  September,  1667, 
three  years  after  the  landing  of  the  colony,  Charlestown  was  . 
deserted  and  Clarendon  County  again  became  a  solitude. 
Vassall  himself  stopped  in  Nansemond,  Virginia,  and  from 
there,  on  October  6,  1667,  ne  wrote  to  Sir  John  Colleton,  of 
whose  death  he  had  not  heard,  a  touching  letter :  "I  presume 
you  have  heard  of  the  unhappy  loss  of  our  plantation  on 
Charles  River,  the  reason  of  which  I  could  have  never  so 
well  understood  had  I  not  come  hither  to  hear — how  that  all 
who  came  from  us  made  it  their  business  to  exclaim  against 
the  country  as  they  had  rendered  it  unfit  for  a  Christian  habi- 
tation ;  which  hindered  the  coming  of  the  people  and  sup- 
plies to  us,  so  as  the  rude  rabble  of  our  inhabitants  were 
daily  ready  to  mutiny  against  me  for  keeping  them  there  so 
long.  .  .  .  And,  indeed,  we  were  as  a  poor  company  of 
deserted  people,  little  regarded  by  any  others  and  no  way  able 
to  supply  ourselves  with  clothing  and  necessaries,  nor  any 
considerable  number  to  defend  ourselves  from  the  Indians; 
all  of  which  was  occasioned  by  the  hard  terms  of  your  con- 
cessions, which  made  our  friends  that  set  us  out  from  Bar- 
badoes  to  forsake  us;  so  as  they  would  neither  supply  us 
with  necessaries  nor  find  shipping  to  fetch  us  away.  Yet 
had  we  had  but  £200  sent  us  in  clothing,  we  had  made  a 
comfortable  shift  for  another  year.  And  I  offered  to  stay 
there,  if  but  twenty  men  would  stay  with  me,  till  we  had 
heard  from  your  Lordships;  for  we  had  corn  enough  for 
two  years  for  a  far  greater  number,  and  though  the  Indians 


82  SETTLEMENT  ON  THE  CAPE  FEAR 

l^l  had  killed  our  cattle,  yet  we  might  have  defended  ourselves. 

But  I  could  not  find  six  men  that  would  be  true  to  me  to 
stay,  so  was  constrained  to  leave  it,  to  my  great  loss  and 
ruin." 

Thus  the  fair  beginning  of  a  settlement  was  defeated  by 
some  unreasonable  quibbling  over  a  few  acres  of  land  in 
a  vast  wilderness,  and  over  the  mode  of  appointing  a 
governor  for  a  distant  colony  hedged  in  by  the  perils  of 
Indian  warfare;  while  the  troubles  of  the  colonists  them- 
selves were  intensified  by  their  selling  into  slavery  Indian 
children  and  also  such  Indian  captives  as  fell  into  their  hands 
during  the  war  that  followed  that  act  of  heartless  tyranny 
and  treachery. 

A  new  Charlestown  on  the  Ashley 

However,  the  Lords  Proprietors  were  not  entirely  inactive. 
Indeed,  their  prospects  were  now  improved,  for  Spain  by 
a  treaty  executed  in  1667  abandoned  her  claim  to  Carolina 
and  conceded  to  England  her  colonial  possessions  and  the 
right  to  trade  in  those  waters.  So  contemporaneously  with 
the  abandonment  of  Cape  Fear  the  Proprietors  fitted  out  a 
vessel  under  the  command  of  Captain  William  Sayle,  and 
sent  him  to  make  another  exploration  of  the  coast.  After 
his  return  with  a  favorable  report  of  Port  Royal,  the  Pro- 
prietors, having  formed  themselves  into  a  stock  company, 
made  a  great  effort  and  raised  twelve  thousand  pounds,  with 
which  they  prepared  two  vessels  amply  stored  with  pro- 
visions and  arms,  and  bearing  a  considerable  number  of 
emigrants.  They  appointed  Sayle  governor,  and  the  expedi- 
p70  r  **on'  departing  ^om  England,  arrived  at  Port  Royal  in  1670. 

But  after  a  year  spent  in  that  locality,  the  settlers  were  led 
to  remove  to  the  west  bank  of  the  Ashley  River,  some  miles 
from  its  mouth,  where  they  began  a  new  Charlestown. 
Within  a  year,  however,  Sayle  succumbed  to  disease.  West, 
who  was  the  mercantile  agent  of  the  Proprietors,  hoped  to 
succeed  him,  but  Yeamans,  being  a  landgrave,  was  entitled 
to  be  governor,  and  taking  up  his  residence  in  Carolina,  as- 


THE  SOUTHERN  COLONY  PLANTED  83 

sumed  the  reins  of  government,  and  continued  to  be  governor  jj£ 

for  five  years,  when,  because  of  dissatisfaction  with  him,  he 
was  retired  and  West  was  made  a  landgrave  and  appointed 
governor.  In  1679  the  present  city  of  Charleston*  was  laid  «•*•  / 
off  at  the  junction  of  the  Ashley  and  Cooper  rivers,  and  the 
colony  removed  thither ;  the  government  offices  were  estab- 
lished there,  and  it  soon  became  a  thriving  and  prosperous 
community. 

Slavery  in  the  colonies 

When  in  1494  Pope  Alexander  VI,  at  the  request  of  Portu- 
gal and  Spain,  apportioned  the  New  World  between  them, 
Spain  was  forbidden  any  possessions  east  of  the  one  hun- 
dredth meridian,  and  could  have  no  foothold  in  Africa.  So 
after  the  trade  in  negroes  was  begun,  Spain  looked  to  English 
enterprise  to  supply  her  colonies  with  negro  laborers,  and  a 
considerable  traffic  in  negroes  sprung  up.  Later,  when  Eng- 
land established  colonies  of  her  own,  white  labor  was 
obtained  either  by  contract,  the  men  engaging  for  a  limited 
period  of  bondage,  or  by  the  purchase  of  those  who  had  been 
condemned  to  servitude  for  some  infraction  of  the  law. 
Every  rising  against  the  government,  either  in  England, 
Ireland,  or  Scotland,  was  followed  by  the  transportation  of 
large  numbers  of  the  unfortunate  malcontents  to  the  colonies, 
where  they  were  either  sold  or  bestowed  as  a  gift  upon  some 
favored  planter.  In  Virginia,  the  whites  held  in  bondage 
were  chiefly  indented  servants,  under  contract  for  a  term 
of  years,  although  from  time  to  time  those  condemned  to 
penal  servitude,  in  some  instances  at  their  own  request,  were 
sent  there.  The  demand  for  labor  in  the  "new  plantations" 
being  great,  a  thriving  trade  was  done  in  indented  servants, 
kidnapped  children  and  condemned  persons;  and  since  in 
the  course  of  this  horrid  business  many  outrages  occurred,  the 
subject  received  the  attention  of  the  Board  of  Trade,  of 
Parliament,  and  of  the  courts.  In  1620,  an  English  vessel, 
having  captured  some  negroes  on  board  of  a  Spanish  ship, 

♦For  nearly  a  century  it  was  called  Charlestown. 


84 


SETTLEMENT  ON  THE  CAPE  FEAR 


1639 


Slaves  in 

New 

England 


Royal 

African 

Company 


C.R.,111, 
"5 


The 
Asiento,i7i3 


1659 


fell  in  with  a  Dutch  man-of-war,  which  took  possession  of 
the  negroes,  twenty  in  number,  and  stopping  at  Jamestown 
the  Dutch  commander  traded  them  for  needed  provisions. 
In  1638  the  first  importation  of  negroes  was  made  into  New 
England  at  Boston,  and  contemporaneously  with  this,  at  the 
end  of  the  Pequod  War,  Massachusetts  and  the  other  New 
England  colonies  enslaved  their  Indian  prisoners,  selling  the 
men  to  the  islands  in  the  Caribbean  Sea,  but  keeping  the 
women  and  maids  among  themselves.  From  that  period 
both  Indians  and  negroes  were  used  as  slaves  among  the 
English  colonists.  In  163 1  the  African  Company  was 
chartered  to  transport  negro  slaves  from  Africa  to  the 
Spanish  colonies,  and  soon  after  the  Restoration,  1662,  the 
second  African  Company  was  chartered,  with  exclusive 
rights  to  carry  on  the  slave  trade,  the  Duke  of  York  and 
other  nobles  being  at  the  head  of  it.  Twelve  years  later  this 
company  was  supplanted  by  the  Royal  African  Company, 
composed  of  the  king,  his  brother  the  Duke  of  York,  and  other 
notables,  among  them  four  of  the  Proprietors  of  Carolina. 
When  Queen  Anne  came  to  the  throne  she  specially  directed 
that  the  Royal  African  Company  should  take  care  that  a 
sufficient  supply  of  merchantable  negroes  should  be  fur- 
nished at  moderate  rates,  and  the  slave  trade  grew  to  enor- 
mous proportions.  In  171 3  England  entered  into  a  contract 
with  Spain,  known  as  the  "Asiento,"  for  the  exclusive  right 
of  supplying  the  Spanish  colonies  with  negroes  for  thirty 
years;  and  the  stock. in  the  company  holding  this  franchise 
was  taken,  one-fourth  by  the  King  of  Spain,  one-fourth  by 
Queen  Anne,  and  the  other  half  by  her  favored  friends.  To 
maintain  this  exclusive  right  of  carrying  on  the  slave  trade 
England  engaged  in  sundry  wars,  and  at  the  Peace  of 
Utrecht  she  required  that  it  should  be  solemnly  engrafted 
into  the  treaty. 

As  early  as  the  settlement  of  Albemarle  the  institution  of 
slavery  had  been  well  established,  and  there  were  whites, 
Indians,  and  negroes  held  to  bondage.  The  Indian  tribes 
themselves  sold  their  prisoners  taken  in  their  neighborhood 


SLAVERY  IN  ALBEMARLE  85 

wars  to  the  colonists.    And  as  in  Africa  wars  were  con-  !$» 

tinually  carried  on  to  secure  slaves  for  the  slave  marts,  so 
in  America  wars  were  fomented  to  obtain  Indian*  prisoners 
to  be  sold  into  slavery.  Beginning  in  Massachusetts,  this 
practice  of  capturing  and  enslaving  Indians  led  to  the  de- 
struction of  the  first  settlement  on  the  Cape  Fear  and  to 
many  of  the  wars  in  South  Carolina,  and  it  stimulated  the 
South  Carolina  Indians  to  come  to  the  aid  of  North  Caro- 
lina in  1712,  the  captives  taken  at  that  time  being  sold  in  the 
West  Indies  and  in  New  England.  Indeed,  so  mariy  were 
sent  to  Connecticut  that  the  governor  and  council  forbade 
the  importation  of  any  more  Tuscaroras  for  fear  that  in  iu^'v^ 
connection  with  the  neighboring  tribes  they  would  be  a 
source  of  danger  to  that  colony.  At  the  time  of  the  settle- 
ment of  Albemarle  there  were  two  thousand  negro  slaves 
in  Virginia,  while  the  white  indented  servants  were  four 
times  that  many.  In  1683  the  white  servants  were  sixteen 
thousand,  while  the  negroes  were  but  three  thousand. 

The  Indian  inhabitants 

The  aborigines  of  North  Carolina  at  the  time  of  the  settle- 
ment consisted  of  many  different  tribes  of  Indians,  each 
having  its  own  language.  Near  the  great  lakes  of  the 
North  were  the  Algonquins  and  the  Iroquois.  Some  of 
these  moved  southward  and  became  inhabitants  of  North 
Carolina.  The  Indians  of  the  South  are  supposed  to  have 
come  from  across  the  Mississippi  River,  and  they  extended 
into  North  Carolina.  Not  only  did  these  differ  from  the 
northern  Indians  in  language,  but  they  were  not  so  bar- 
barous and  they  had  made  more  progress  from  the  savage 
state.    One  of  the  tests  now  applied  to  determine  whether  a   lv*\*n  . 

rtr  m  civilization 

tribe  was  of  southern  or  northern  origin  is  its  pottery  and 
its  ornamentation.  It  is  said  that  the  northern  Indians 
had  made  such  a  slight  advance  that  none  of  their  pottery 
was  decorated  by  a  curved  line.  Pottery  bearing  curved 
ornamentation  has  been  found  in  western  North  Carolina 
and  also  in  eastern  Carolina,  and  in  a  general  way  it  has 


86  SETTLEMENT  ON  THE  CAPE  FEAR 

I$2  been  said  that  a  line  drawn  from  Hatteras  marked  the  boun- 

daries of  the   southern  and  northern   Indians.     There   is 

Etef.',xx,     reason  to  believe  that  the  southern  Indians  occupied  North 

147. 159  Carolina  and  were  measurably  expelled  by  fierce  tribes  from 
the  north,  except  along  the  coast. 

The  Indians  on  the  Cape  Fear  were  Congarees.  The 
Hatteras  and  Coranines  were  southern  Indians,  and  per- 
haps also  the  Chowanoaks,  who  afterward  became  known 
as  Meherrins.  The  Mongoaks,  later  the  Tuscaroras,  the 
Woccoons,    and    perhaps    the    Pamlicos,    were    northern 

Jri^S  Indians.  The  Catawbas  were  southern.  In  1656  the 
Rechahecrians  came  from  the  north,  fought  with  the  Vir- 
ginians, and  passed  southward  into  the  mountains.  It  is 
supposed  they  became  the  Cherokees,  who  have  been  ascer- 
tained to  be  of  northern  origin.*  Tradition  assigns  several 
points  in  the  Haw  and  Deep  River  country  as  scenes  of 
great  battles  between  the  northern  and  southern  Indians. 

Brickell  in  1729  went  on  a  mission  to  the  Indians  in  that 
part  of  the  province,  and  in  December,  1752,  when  Bishop 
Spangenberg  explored  the  lands  on  the  upper  Catawba,  he 
found  the  remains  of  an  Indian  fort,  as  also  "tame  grass, 

c.  R.,v(9  which  is  still  growing  about  the  old  residences  on  the  north- 
east branch  of  Middle  Little  River." 

There  was  always  antagonism  between  the  northern  and 
southern  Indians,  and  the  Catawbas  were  at  constant  war 
with  the  Tuscaroras.  Not  only  were  the  tribes  destroyed 
by  their  continual  wars,  but  they  were  exterminated  by 
disease.  The  Pamlicos,  that  had  been  very  numerous,  about 
1694  were  swept  away  by  an  epidemic,  and  later  the 
Catawbas  were  destroyed  by  the  smallpox.  Other  tribes 
met  with  a  similar  fate. 

The  Indians  have  left  many  memorials  of  their  former 
existence  in  North  Carolina,  which,  however,  have  not  been 
carefully  preserved.  One  intelligent  investigator,  Dr.  Dil- 
lard,  says :  "One  of  the  largest  and  most  remarkable  Indian 
mounds  in  eastern  North  Carolina  is  located  at  Bandon,  on 

♦Now  classed  as  Iroquois. 


THE  CAROLINA  INDIANS  87 

the  Chowan,  evidently  the  site  of  the  ancient  town  of  the  Ij; 

Chowanokes,  which  Grenville's  party  visited  in  1585,  and 
was  called  Mavaton.  The  map  of  James  Wimble,  made  in 
1738,  also  locates  it  at  about  this  point.  The  mound  extends 
along  the  river  bank  five  hundred  or  six  hundred  yards,  is 
sixty  yards  wide  and  five  feet  deep,  covered  with  about  one 
foot  of  sand  and  soil.  It  is  composed  almost  exclusively  of 
mussel  shells  taken  from  the  river,  pieces  of  pottery,  ashes, 
arrow-heads  and  human  bones.  .  .  .  Certain  decorations 
on  their  pottery  occur  sufficiently  often  among  the  Indian 
tribes  of  the  different  sections  to  be  almost  characteristic  of 
them.  A  sort  of  corncob  impression  is  found  on  a  great  deal 
of  Chowan  pottery  and  also  in  Bertie.  There  are  also  pieces 
with  parallel  striations,  oblique  patterns,  small  diamond  pat- 
terns formed  by  transverse  lines,  evidently  made  by  a  sharp 
stick.  Some  are  decorated  with  horizontal  lines,  while  a 
few  are  perfectly  plain.  In  the  deposits  on  the  Chowan 
River,  at  the  site  of  the  ancient  Chowanoke  town  of  Mava- 
ton, the  decorations  on  the  pottery  are  both  varied  and 
artistic.  ...  I  have  never  seen  so  many  distinct  pat- 
terns occurring  in  the  same  mound  as  at  Avoca,  left  there  by 
the  Tuscaroras.  The  ancient  Tuscarora  town  of  Metackwem 
was  located  in  Bertie  County  just  above  Black  Walnut  Point, 
and  most  probably  at  Avoca,  from  the  extensive  deposits 
there." 


THE  THIRD  EPOCH— 1663-1 729 
PROPRIETARY  GOVERNMENT 


166s 


CHAPTER  VIII 
Administrations  of  Drummond  and  Stephens 

The  settlement  of  Albemarle. — Governor  Drummond. — The  first 
Assembly. — Conditions  at  Albemarle. — The  concessions. — Cessation 
of  tobacco  planting. — An  Indian  war. — Changes  -in  the  Proprietors. 
— Stephens  governor. — The  great  deed. — Act  of  Assembly. — The 
marriage  act. 

The  settlement  of  Albemarle 

The  excellence  of  the  location,  the  salubrity  of  the  climate, 
and  the  fertility  of  the  soil  soon  drew  to  Albemarle  consider- 
able accessions  of  population.  Lawson  says  that  the  first 
who  came  found  the  winters  mild  and  the  soil  fertile  beyond 
expectation,  producing  everything  that  was  planted  to  a 
prodigious  increase ;  that  the  cattle,  horses,  sheep,  and  swine, 
breeding  very  fast,  passed  the  winter  without  any  assistance 
from  the  planter;  so  that  everything  seemed  to  come  by 
nature,  the  husbandman  living  almost  void  of  care  and  free 
from  those  fatigues  which  are  absolutely  necessary  in  winter 
countries  for  providing  necessaries;  ahd  the  fame  of  this 
new-discovered  country  spread  through  the  neighboring 
colonies  and  speedily  drew  other  families  to  it. 

Indeed,  it  was  a  location  abounding  in  attractions  for  the 
hardy  pioneer.  The  great  Albemarle  River,  as  they  called 
the  sound,  its  mouth  being  Roanoke  Inlet,  while  furnishing 
in  its  wide  expanse  a  protection  from  the  southern  Indians, 
offered  an  unfailing  supply  of  fish  and  game.  The  broad 
Chowan  was  likewise  a  protection  from  the  Tuscaroras, 
whose  hunting  grounds  lay  on  the  west  and  down  to  the 
waters  of  the  Neuse.  On  the  east  and  north  were  only  two 
small  tribes,  one  of  which  gave  some  trouble  in  1666,  but  was 


Seal  of  the  County  of  Albemarle,  1669-1689,  and 
continued  in  use  as  the  seal  of  the  province 
of  North  Carolina  until  the  purchase 
by  the  Crown  in  1799.     This  repro- 
duction  is  slightly   larger 
than   the   original; 
reverse  is  blank 


CONDITIONS  OF  SETTLEMENT  89 

so  speedily  conquered  that  the  war  left  no  mark  on  the  *** 

infant  settlement.  The  pioneers  on  their  separated  planta- 
tions felt  no  alarm,  and  were  quite  free  from  Indian  depreda- 
tions.   In  natural  advantages  Albemarle  was  incomparable. 

"Most  of  the  plantations,"  says  Lawson,  "enjoy  a  noble  hKJJJ^ 
prospect  of  large  and  spacious  rivers,  pleasant  savannahs,   cSJSina, 
and  fine  meadows,  with  their  green  liveries  interwoven  with  "° 
beautiful  flowers  of  most  glorious  colors,  hedged  in  with 
pleasant  groves  of  the  famous  tulip-tree,  stately  laurels  and 
bays,  myrtle,  jessamine,  woodbine  and  honeysuckle,  and  other 
fragrant  vines   and   evergreens,   whose  aspiring  branches 
shadow  and  interweave  themselves  with  the  loftiest  timbers, 
yielding  a  pleasant  prospect,  shade  and  smell ;  proper  habi- 
tations for  the  sweet  singing  birds  that  melodiously  entertain 
such  as  travel  through  the  woods  of  Carolina." 

Drummond  governor 

Sir  William  Berkeley  in  the  fall  of  1663  received  from 
the  other  Proprietors  instructions  to  organize  a  government 
at  Albemarle,  and  was  authorized  to  appoint  a  governor  for 
the  settlers  on  the  northern  and  another  for  the  southern 
shore  of  the  sound*  if  he  should  deem  it  expedient.  The 
following  summer  he  visited  the  settlement,  then  confined 
chiefly  to  the  waters  of  the  Chowan,  and  appointed  William 
Drummond  governor,  and  later  the  Lords  Proprietors  sent  ^J^1,;5? 
a  commission  and  instructions  to  Drummond,  whose  term  £am>irs 

Coll.,  II,  283 

would  seem  to  have  begun  in  October,  1664.  Berkeley  was 
also  instructed  to  appoint  six  councillors  to  act  with  the  Oct.,1664 
governor,  and  all  other  necessary  officers ;  and  the  governor 
and  councillors  together  with  the  freemen  or  their  deputies 
were  to  make  all  laws,  which  were  to  be  transmitted  to  the 
Lords  Proprietors  within  a  year  for  their  approval  or  dis- 
approval. These  laws  as  enacted  were  to  be  in  force  until 
they  should  be  disapproved  by  the  Proprietors. 

♦George  Fox,  in  his  Journal,  1672,  speaks  of  Nathaniel  Batts,  who 
had  been  "governor  of  Roanoak."  He  had  probably  been  appointed 
governor  under  this  authority  for  the  southern  division.  He  was 
buried  at  Batts's  Island,  near  Durant's  Neck. 


9°  DRUMMOND  AND  STEPHENS,  1664-69 

.y  The  governor  was  to  issue  all  grants  for  lands,  and  the 

secretary  was  to  record  them,  and  these  grants,  like  those  in 

c.  R.,1,5*  Virginia,  were  to  be  void  if  the  land  should  not  be  seated 
in  three  years.  A  rent  of  half  a  penny  an  acre  was  to  be 
paid  each  year,  but  rent  was  not  to  be  exacted  for  a  period 
of  five  years.  The  governor  for  his  compensation  was  to 
have  the  sole  trade  of  furs  until  some  other  means  of  pay- 
ment should  be  arranged.  Governor  Drummond  was  a 
Scotchman  who  had  been  long  settled  in  Virginia,  and  was 
well  acquainted  with  the  vicissitudes  of  pioneer  life.  He  was 
a  man  of  education,  of  integrity,  and  well  fitted  for  his  office. 
Although  sparsely  settled,  Albemarle  was  now  not  an  un- 
broken wilderness. 

Population  had  flowed  in,  some  of  the  planters  being  men 
of  large  means,  bringing  with  them  from  ten  to  thirty  per- 
sons ;  and  shortly  after  the  government  was  organized,  not 
later  than  the  spring  of  1665,  the  first  Assembly  was  held, 
and  the  little  settlement  became  a  self-governing  community, 

Spring  of       a  pure  democracy,  the  entire  body  of  the  inhabitants  acting 
5  for   themselves,   and   not   through    the    instrumentality   of 

representatives. 

Such  was  the  beginning  of  the  organized  government  of 
Albemarle.    At  that  first  session  a  petition  was  drawn  up  to 

c.r.,  1,101  be  forwarded  to  the  Lords  Proprietors,  the  subject-matter 
being  that  the  settlers  should  continue  to  hold  their  lands 
as  they  had  done  under  the  Virginia  law,  paying  only  a 
farthing  an  acre  rent,  and  that  not  in  cash,  but  in  commod- 
ities, as  was  the  practice  in  Virginia.  The  quantity  of  land 
one  could  take  up  was  dependent  on  the  number  of  persons 
he  brought  into  the  settlement,  and  the  patents  issued  show 
that  some  of  the  early  settlers  were  accompanied  by  a 
numerous  retinue. 

c.  r.,i,  a5»  As  an  illustration  of  the  early  influx  of  population,  a 
remonstrance  drawn  up  fourteen  years  after  the  settlement 
was  signed  by  twenty-one  persons,  who  stated  that  most 
of  them  had  been  inhabitants  since  1663  and  1664.  These 
had  become  Quakers,  while  there  was  only  one  family  of  that 


A  PURE  DEMOCRACY  91 

faith  in  the  settlement  in  1672.    In  1666  quite  a  number  of  ** 

settlers  came  from  the  Bermuda  Islands,  and,  establishing 
themselves  on  Pasquotank  River,  found  employment  in  ship- 
building. Trading  vessels  also  began  to  frequent  the  waters 
of  Albemarle,  the  first  large  ship  of  which  we  have  a  record  fSlGing 
coming  in  during  the  winter  of  1664.  It  was  Captain  l6e6 
Whittly's  vessel,  which  appears  to  have  been  employed  by 
the  Proprietors  in  connection  with  their  colonization.  She 
entered  the  sound  through  Roanoke  Inlet,  and  when  she 
came  in  found  fifteen  feet  of  water,  but  on  going  out  had 
but  eleven  feet,  and  notwithstanding  the  channel  had  been 
marked  out,  she  grounded  several  times.  "So  uncertain 
are  all  these  inlets,"  remarks  Thomas  Woodward,  who  was 
then  the  surveyor  of  the  colony. 

The  concessions 

The  system  of  government  at  Albemarle  was  soon  after-  CR.,1,79 
ward  still  further  perfected  by  the  provisions  specified  in  the 
concessions,  bearing  date  January,  1665,  which  formulated 
a  general  plan,  covering  all  the  counties  established  in  the 
province.  All  acts  of  the  Proprietors  were  to  be  authenti- 
cated by  the  great  seal  of  the  province,  kept  at  London, 
while  each  county  was  to  have  its  own  proper  seal,  and  that 
designed  and  adopted  for  Albemarle  continued  in  use  as  the 
seal  of  North  Carolina  until  after  the  purchase  by  the  king, 
in  1729.  All  grants  and  deeds  for  land  were  to  be  acknowl- 
edged or  proved  by  the  oath  of  two  witnesses  and  recorded, 
and  the  conveyance  first  recorded  was  to  be  effectual,  not- 
withstanding any  prior  unrecorded  conveyance.  This  pro- 
vision, now  so  common,  was  then  unknown  to  the  English 
law.  It  had  its  origin  in  Holland,  and  had  been  adopted 
by  the  settlers  in  Massachusetts.  It  was  a  marked' improve- 
ment on  the  English  system  of  ascertaining  and  perpetuating 
titles.  In  those  first  days  of  settlement,  the  population  being 
inconsiderable,  the  freemen  were  either  themselves  to  meet 
in  General  Assembly  or  were  to  come  together  and  elect 
twelve  deputies  to  represent  them. 


92  DRUMMOND  AND  STEPHENS,  1664-69 

'^  All  officers  were  to  swear  to  bear  true  allegiance  to  the 

king,  and  to  perform  their  duties  faithfully,  or  were  to 
subscribe  a  declaration  to  that  effect  in  a  book.  There  was 
full  liberty  of  conscience,  but  the  General  Assembly  was  to 
have  power  to  appoint  as  many  ministers  or  preachers  as 
they  should  see  fit,  giving,  however,  to  all  persons  the  right 
to  have  and  to  support  any  other  ministers  or  preachers  they 
might  please. 

Each  person  coming  in  during  the  first  year  should  be 
entitled  to  have  eighty  acres  of  land  for  himself,  and  the 
same  quantity  for  his  wife  and  every  dependent  capable  of 
bearing  arms,  and  forty  acres  for  each  servant.  And  ser- 
vants, after  their  term  of  servitude,  should  have  an  equal 
right  for  themselves.  But  after  the  first  year  only  sixty 
acres  were  to  be  allowed  instead  of  eighty.  These  grants 
of  land,  while  in  fee,  were  subject  to  a  yearly  quitrent  pay- 
able to  the  Proprietors.  The  rent,  half  a  penny  an  acre,  was 
to  be  paid  in  money.  As  an  inducement  to  settlers,  however, 
the  first  payment  of  rent  was  postponed  until  the  year  1671. 
Thus,  with  full  liberty  of  conscience  guaranteed,  with  an 
agreement  that  those  who  did  not  feel  disposed  to  take  an 
oath  of  allegiance  might  merely  subscribe  a  declaration  of 
their  fealty,  with  a  stipulation  that  no  tax  should  be  levied 
or  collected  except  by  act  of  their  General  Assembly,  and 
that  the  Assembly,  in  the  absence  of  the  governor  or  his 
deputy,  might  choose  a  president  in  his  stead,  and  with  an 
Assembly  elected  by  themselves  vested  with  full  power  to 
ordain  laws  and  establish  courts  and  appoint  officers  to 
enforce  them,  the  freemen  of  Albemarle  enjoyed  every  liberty 
they  desired,  and  being  blessed  with  bountiful  harvests,  led 
easy,  quiet  lives  in  their  sylvan  homes. 

The  development  of  the  "new  plantations"   progressed 
rapidly.    In  addition  to  their  corn  and  wheat,  supplies  and 

1666  provisions  necessary  for  their  subsistence  and  comfort  in  the 

wilderness,  the  planters  also  raised  tobacco ;  and  so  consider- 
able was  the  production  of  this  commodity  that  when  Mary- 

c.  r.,i,  n7  land,   in  June,    1666,   proposed  a   cessation   from   planting 


CESSATION  OF  TOBACCO  PLANTING  93 

tobacco  for  one  year,  the  agreement  was  made  dependent  *J^ 

not  merely  on  the  acceptance  of  Virginia,  but  by  "the  new 
plantations"  at  Albemarle  as  well. 

An  Indian  war 

Agreeably  to  that  invitation,  Governor  Drummond  and 
Thomas  Woodward,  who  had  been  appointed  a  commissioner 
to  represent  the  General  Assembly,  met  the  other  commis- 
sioners at  James  City  on  July  12th  and  agreed  on  a  plan, 
which  in  order  to  be  effective  was  to  be  ratified  by  their 
respective  legislatures,  and  the  ratifications  were  to  be  ex- 
changed by  the  last  of  September.  The  General  Assembly 
of  Albemarle  met,  George  Catchmaid,  Gent.,  being  the 
speaker,  and  passed  the  desired  act;  but  about  that  time 
there  was  an  Indian  outbreak  and  the  colony  was  in  peril, 
and  because  of  the  Indian  invasion  the  act  ratifying  the 
agreement  could  not  be  transmitted  within  the  period  lim- 
ited. However,  the  delay  was  only  for  a  few  days,  and  the 
failure  to  send  the  act  forward  by  the  day  fixed  was  held 
immaterial.  So  by  act  of  Assembly  no  tobacco  was  planted 
during  the  year  1667. 

In  October  of  that  year  Drummond's  term  of  three  years  Drummond 
came  to  its  close,  and  after  an  admirable  administration  that  B^lliey* 
capable  governor,  whose  name  is  perpetuated  in  that  of  the 
beautiful  lake  in  the  great  Dismal  Swamp,  gave  place  to  his 
successor.  Drummond  retired  to  Virginia,  where  ten  years 
later,  having  engaged  in  Bacon's  rebellion,  in  January,  1677, 
he  fell  into  the  hands  of  Governor  Berkeley  and  was  sum- 
marily executed  by  that  insensate  and  exasperated  tyrant. 

Changes  in  the  Proprietors 

In  the  meantime  notable  changes  had  occurred  among  the 
Lords  Proprietors.  Clarendon,  who,  being  Lord  Chancellor, 
was  held  responsible  by  the  people  of  England  for  all  the 
improper  measures  of  the  court  since  the  restoration,  had 
become  very  unpopular;  while  his  severe  virtue,  no  less  than 
his  opposition  to  all  schemes  looking  to  the  toleration  of  the 


x677 


94 


DRUMMOND  AND  STEPHENS,  1664-69 


1667 


Clarendon 
banished, 
1667 


Colleton 
dies,  1666 


Albemarle 
dies 


Catholics,  had  rendered  him  disagreeable  to  Charles.  In  1667 
he  became  an  object  of  the  king's  bitter  hatred  because  he 
ventured  to  thwart  the  passionate  purpose  of  that  lascivious 
monarch.  On  August  30th  of  that  year  his  seals  of  office 
were  demanded  by  Charles,  and  a  month  later,  out  of 
common  hatred,  articles  of  impeachment  were  presented  by 
the  popular  leaders  against  him,  and  he  was  charged  by  the 
Commons  at  the  bar  of  the  House  of  Lords  with  high 
treason  generally,  without  any  allegations  being  specified. 
On  such  a  general  charge  the  Lords  refused  to  proceed ;  but 
Clarendon  saw  that  his  friends  had  fallen  away,  and  that 
both  the  opposing  factions  were  bent  on  his  destruction,  and 
so,  seeking  safety  in  flight,  he  retired  to  the  continent.  A 
bill  of  perpetual  banishment  was  passed  against  him,  and 
he  sojourned  in  Europe  until  his  death,  in  1674,  his  last 
years  being  employed  in  literary  work.  Such  was  the  closing 
of  the  honorable  career  of  this  devoted  adherent  of  the 
Stuarts,  but  a  true  Protestant  and  an  honest  Englishman. 
Sir  John  Colleton  had  died  in  1666,  and  Sir  Peter  Colleton 
succeeded  to  his  place  among  the  Proprietors.  Albemarle, 
the  skilful  general  and  brave  admiral,  who,  when  London 
was  deserted  by  all  during  the  great  plague  of  1665,  had 
given  the  world  an  additional  illustration  of  his  intrepidity 
by  remaining  at  his  post  in  charge  of  the  stricken  city,  had, 
in  1666  and  1667,  won  famous  victories  at  sea,  and  then, 
falling  ill  with  dropsy,  lingered  until  December,  1669,  when 
his  son,  Christopher,  Duke  of  Albemarle,  succeeded  him. 
Sir  George  Carteret  was  vice-chamberlain  to  his  Majesty's 
household,  and  Sir  John  Berkeley  was  at  his  post  as  lord 
lieutenant  of  Ireland,  while  his  brother,  Sir  William,  re- 
mained governor  of  Virginia. 


Stephens  governor 

In  October,  1667,  the  Lords  Proprietors  appointed  Cap- 
tain Samuel  Stephens  governor,  and  sent  him  for  instructions 
a  copy  of  the  concessions  published  in  1664.  So  far  as  the 
government  of  Albemarle  had  conformed  to  the  concessions 


STEPHENS  SUCCEEDS \DRUMMOND  95 

there  were  no  changes  in  the  administration.    Up  to  1667  !£* 

Albemarle  had  not  been  laid  off  into  precincts,  but  the  free- 
men of  the  settlement  chose  twelve  deputies,  called  in  the 
legislation  of  1666  "committee,"  to  represent  them ;  and  the 
General  Assembly,  composed  of  the  governor,  his  council, 
appointed  by  himself,  and  the  representatives  of  the  people, 
sat  together  as  one  body  and  enacted  laws  and  had  the  power 
to  establish  courts  and  define  their  jurisdiction. 

Of  Stephens  we  know  but  little.  His  relations  with  the 
Proprietors  and  people  seem  to  have  been  pleasant.  He 
became  the  owner  of  Roanoke  Island,  and  otherwise  identi- 
fied his  interests  with  the  growth  of  the  colony.  The  *$$£* 
governor  and  council  held  a  court  for  the  county,  which 
exercised  chancery  powers,  and  had  jurisdiction  over  estates. 
They  sat  without  pay,  but  it  is  probable  that  considerable 
gain  was  made  by  way  of  compensation  for  public  service  by 
a  monopoly  of  trade  with  the  Indians. 

That  Stephens  was  a  gentleman  of  culture  and  standing  character  of 
may  well  be  surmised  from  what  is  known  of  his  wife ;  and 
in  like  manner  it  appears  that  Harvey  and  some  of  the  other 
settlers  in  Albemarle  were  the  equals  in  social  condition  of 
the  best  of  the  Virginia  planters  of  that  time.  Such  was  the 
real  character  of  the  original  settlement,  made,  as  Lawson 
asserts,  by  men  of  substance. 

The  Great  Deed 

It  was  during  Stephens's  administration  that  the  Lords  The 
Proprietors  were  pleased  to  answer  favorably  the  petition  Assembly 
of  the  Grand  Assembly  of  1665,  so  termed,  perhaps,  because 
when  the  petition  was  prepared  the  people  had  not  elected 
delegates,  but  themselves  assembled  under  the  instructions 
to  Governor  Berkeley;  and  for  many  years  the  legislative 
body  of  Albemarle  continued  to  call  itself  "the  Grand 
Assembly." 

On  May  1,  1668,  under  the  seal  of  the  province,  the  Lords 
Proprietors,  in  response  to  this  request,  granted  that  the 
inhabitants  of  Albemarle  should  hold  their  lands  upon  the 


96 


DRUMMOND  AND  STEPHENS,  1664-69 


1668 


The  Great 
Deed 


Legislation 
of  1669 


The 
Virginia 
debtor  law 


same  terms  and  conditions  as  the  people  of  Virginia,  by 
which  the  rent  became  only  a  farthing  an  acre  and  was  pay- 
able in  commodities  at  a  fixed  price  and  not  in  money.  This 
concession  was  regarded  so  highly  that  the  instrument  con- 
taining it  was  called  "The  Great  Deed,"  and  in  after  years 
it  played  an  important  part  in  North  Carolina  matters,  and 
for  many  years  the  General  Assembly  required  that  it  should 
be  securely  kept  in  the  personal  possession  of  the  speaker  of 
the  house. 

At  the  session  of  the  Assembly  held  in  1669  there  were 
passed  seven  acts  that  have  come  down  to  us.  One  of  these 
recites  that  no  provision  had  been  made  for  defraying  the 
expenses  of  the  governor  and  council  in  time  of  the  courts, 
and  "as  the  General  Assembly  thinks  it  unreasonable  that 
they  should  spend  their  time  in  the  service  of  the  county 
and  not  have  their  charges  borne,  therefore  every  one  who 
brings  a  suit  in  court  and  is  cast  shall  pay  thirty  pounds 
of  tobacco"  as  a  sort  of  tax  fee  to  pay  the  expenses  of  the 
governor  and  council.  Prior  to  that  the  governor  and 
council  composed  the  only  court  held,  for  as  no  precincts 
had  been  laid  off,  there  were  no  precinct  courts. 

In  order  that  Albemarle  should  not  be  behind  Virginia  in 
offering  inducements  to  settlers,  an  act  was  copied  from  the 
Virginia  statutes  prohibiting  the  institution  of  any  suit  for 
any  debt  against  a  person  who  should  come  into  Albemarle 
until  after  five  years  had  elapsed  from  his  arrival. 

In  1642  Virginia  had  passed  a  similar  law,  which  was 
formally  re-enacted  by  the  Virginia  Assembly  in  1663,  and 
the  settlers  in  Albemarle  coming  from  Virginia  brought  with 
them  the  remembrance  of  this  legislation  as  a  Virginia  insti- 
tution; and,  indeed,  similar  laws  were  adopted  in  other 
colonies.  There  were  no  ministers  in  the  colony,  and  but 
few  in  Virginia;  so  an  act  was  then  passed  that  legalized 
marriage  as  a  civil  institution,  and  provided  that  a  marriage 
solemnized  by  the  governor  or  any  of  his  council  in  the 
presence  of  three  or  four  of  the  neighbors,  the  certificate 
thereof  being  registered  by  the  secretary,  should  be  a  valid 


THE  EARLIEST  KNOWN  LEGISLATION  97 

marriage,  and  any  person  violating  such  a  marriage  should  JJJJj 

be  punishable  as  if  it  had  been  performed  by  a  minister. 
This  marriage  law  was  born  of  the  necessity  of  the  case ;  and 
as  it  was  founded  in  reason,  the  civil  marriage  thus  insti- 
tuted at  Albemarle  has  since  been  adopted  by  all  of  the 
enlightened  states  of  the  American  Republic.  These  acts 
were  transmitted  to  England  for  the  approval  of  the  Lords 
Proprietors,  and  meeting  with  their  approbation,  received 
their  sanction  and  became  the  law  in  the  colony. 


CHAPTER  IX 
Carteret's  Administration,  1670-73 

The  Fundamental  Constitutions. — Changes  introduced  by  them. — 
The  first  meeting  under  the  Grand  Model. — Carteret  governor. — 
The  Grand  Model  in  practice;  The  precincts. — The  nobility. — The 
Palatine's  Court. — The  Quakers. — First  dissatisfaction. — Carteret 
sails  for  England. — John  Jenkins  deputy-governor. — Visits  from 
Edmundson  and  Fox. 

The  Fundamental  Constitutions 

1669  The  banishment  of  Clarendon  and   the  long  illness  of 

~v~  Albemarle  made  an  opening  at  court  for  the  higher  rise 

of  Lord  Ashley,  a  man  of  superior  mental  powers  and 
capabilities.  He  had  inherited  great  wealth,  had  been  studi- 
ous in  the  law  and  in  the  sciences,  and,  possessing  a  strong 
influence  with  the  people,  soon  attained  the  highest  position 
and  power  among  the  statesmen  of  England.  A  Presby- 
terian and  somewhat  of  a  free  thinker,  among  his  intimates 
was  John  Locke,  the  scholar  and  philosopher,  with  whom  he 
contracted  a  friendship  based  on  their  common  sympathy 
with  civil  and  philosophical  freedom.  In  1667  Locke  became 
his  secretary,  and  took  up  his  abode  in  Ashley's  residence. 
Sha'tcJbury  The  Lords  Proprietors  had  requested  Ashley  to  prepare  a 
permanent  constitution  for  Carolina,  and  in  the  summer  of 
1669  a  rough  draught  was  submitted  to  them  of  that  famous 
instrument  which  has  come  down  to  posterity  as  Locke's 
Fundamental  Constitutions  or  the  Grand  Model  of  Gov- 
ernment. This  instrument  was  adopted  and  signed  by  the 
Lords  Proprietors  on  July  21,  1669. 

The  purposes  avowed  in  it  were  to  provide  for  the  better 
settlement  of  the  government,  to  establish  the  interests  of 
the  Proprietors  with  equality  and  without  confusion,  to 
conform  the  government  agreeably  to  the  English  monarchy, 
and  to  avoid  erecting  a  numerous  democracy  in  their 
province. 


THE  FUNDAMENTAL  CONSTITUTIONS  99 

England  had  just  passed  through  the  experiment  of  the  ^ 

Commonwealth,  the  course  of  which  was  marked  by  many 
deplorable  excesses.  The  Proprietors  had  seen  stalwart 
republicans,  seeking  an  escape  from  evils  of  their  own  crea- 
tion, unite  in  offering  a  crown  to  Cromwell,  and  had  wit- 
nessed the  establishment  of  a  monarchy  clothed  with 
arbitrary  power  under  the  specious  title  of  Protector;  and 
most  of  them  had  suffered  severely  in  their  fortunes  and  in 
their  persons  during  those  convulsions;  and  now  that  the 
ancient  constitution  of  the  kingdom  had  been  restored,  largely 
through  their  own  instrumentality,  they  wished  to  avoid 
erecting  an  unsteady  and  unrestrained  democracy  in  their 
possessions.  They  were  themselves  of  the  nobility,  and 
possessed  in  Carolina  under  the  grant  of  the  king  even  the 
regal  powers  that  were  enjoyed  by  the  owners  of  the  Pala- 
tine County  of  Durham.  Not  unnaturally,  they  sought  to 
guard  their  individual  rights  and  privileges.  As  there  were 
eight  Proprietors,  to  establish  equality  among  them  was  a 
chief  care.  Eight  great  offices  were  created :  one,  the  Pala-  I^^et 
tine,  was  assigned  to  the  oldest  Proprietor,  and  upon  his 
death  the  next  in  seniority  succeeded  him.  The  Palatine 
was  the  executive,  and  the  other  Proprietors  were  to  be 
the  admiral,  chamberlain,  chancellor,  constable,  chief  justice, 
high  steward,  and  treasurer  of  the  province.  Carolina  was 
to  be  divided  into  counties,  and  there  was  to  be  an  hereditary 
nobility  established  in  each  county  consisting  of  one  land- 
grave and  two  caciques.  The  other  inhabitants  were  freemen 
and  leetmen,  as  the  landholders  were  called  in  the  county 
of  Durham ;  and  the  institution  of  negro  slavery  was  recog- 
nized. An  alien  by  subscribing  the  Fundamental  Constitu- 
tions thereby  became  naturalized,  but  no  person  over  seven- 
teen years  of  age  could  have  any  benefit  or  protection  of 
the  law  who  was  not  enrolled  as  a  member  of  some  religious 
profession  acknowledging  the  Deity. 

Each  county  was  to  be  laid  off  into  eight  seignories,  eight 
baronies,  and  four  precincts,  and  every  precinct  was  to  be 
subdivided  into  six  colonies.    One  of  the  seignories  was  to 


ioo  CARTERET'S  ADMINISTRATION,  1670-73 

l%*  be   the  property   of  each   Proprietor.     It   was  to   contain 

12,000  acres,  and  was  to  descend  to  his  heirs  male,  with 
some  provision  in  case  of  failure  of  heirs.  Four  of  the 
baronies,  12,000  acres  each,  were  for  the  landgraves,  and 
each  cacique  was  to  have  two  baronies.    Each  precinct  was 

Division*  of  to  embrace  72,000  acres,  and  each  of  its  six  colonies  was 
to  contain  12,000  acres.  The  land  in  the  precincts  could  be 
bought  and  sold  at  pleasure  by  the  owners,  but  whoever 
purchased  it  had  to  pay  a  yearly  quitrent  of  a  penny  an  acre 
to  the  Lords  Proprietors.  Within  the  precincts,  by  special 
grant,  a  holding  of  3000  acres  might  be  erected  into  a  manor, 
with  certain  powers  and  privileges  vesting  in  the  lord  of  the 
manor,  and  in  that  case,  being  once  erected  into  a  manor,  it 
could  be  sold  in  fee  only  in  its  entirety,  and  no  parcel  of  it 
could  be  conveyed  for  a  longer  period  than  twenty-one  years. 
Provision  was  made  for  leetmen  within  the  manors,  baronies, 

Lectmen  and  seignories.  A  person  became  a  leetman  by  voluntarily 
entering  himself  as  such  in  the  proper  court.  On  the 
marriage  of  a  leetman  the  lord  was  required  to  give  him 
ten  acres  of  land  for  his  life,  subject  to  a  rent  of  not  more 
than  the  eighth  part  of  the  yearly  produce  of  the  ten  acres. 
The  children  of  leetmen  were  to  remain  forever  as  their 
parents  were ;  and  they  were  not  to  live  off  of  the  land  of  their 
particular  lord  without  license  obtained  from  him.  Being 
subjects  of  their  lord,  all  their  controversies  were  to  be  tried 
in  the  leet  courts  of  their  lord,  who  had  a  feudal  jurisdiction 
over  them.  Thus,  besides  negro  slaves  the  inhabitants  were 
to  be  leetmen  attached  to  the  land,  freemen,  and  nobles. 
That  the  nobles  should  be  properly  maintained,  they  were 
to  have  no  power  to  alienate  their  property  and  dignity, 
which  must  forever  descend  undivided  to  their  heirs  male, . 
but  this  provision  was  not  to  go  into  effect  until  the 
year  1700. 

The  system  of  government  was  cumbersome  and  complex. 
The  Palatine  and  the  other  seven  Proprietors,  being  the 
great  officers,  formed  what  was  designated  the  Palatine's 
Court.     This   body   was,   however,   executive   rather   than 


Freemen 


Nobles 


THE  FUNDAMENTAL  CONSTITUTIONS  101 

judicial.     It  had  power  to  call  parliaments,  to  pardon  all  ^ 

offences,  to  elect  all  officers,  to  negative  the  acts  of  Parlia- 
ment, and  generally  was  vested  with  all  the  powers  granted 
to  the  Proprietors,  except  as  was  otherwise  limited  in  the  ThePro. 
Fundamental  Constitutions.     In  this  court,  any  Proprietor  jj^' 
being  absent,  he  could  be  represented  by  his  deputy. 

Each  of  the  other  great  officers  also  had  a  court  com- 
posed of  himself,  six  councillors,  and  twelve  assistants 
chosen  from  among  the  landgraves,  caciques,  and  such  com- 
moners or  freemen  as  were  designated ;  and  to  each  of  these 
courts  a  particular  jurisdiction  was  allotted. 

Superior  to  these  courts,  however,  was  the  Grand  Council,  The 
composed  of  the  Palatine,  the  seven  other  great  officers,  and  cSndi 
the  forty-two  councillors.  To  this  council  was  assigned  the 
power  to  determine  controversies  between  the  courts,  and 
to  make  peace  and  war,  leagues  and  treaties  with  the  Indians, 
and  to  raise  forces  for  war.  It  also  had  authority  to  prepare 
matters  to  be  adopted  in  Parliament,  and  no  act  could  be 
proposed  in  Parliament  unless  it  had  first  passed  the  Grand 
Council. 

The  Parliament  was  to  consist  of  the  Proprietors  or  their 
deputies,  the  landgraves  and  the  caciques,  and  one  free- 
holder from  each  precinct  chosen  by  the  freeholders.  These 
were  to  sit  in  one  room,  each  member  having  one  vote. 
Parliament  was  to  meet  on  the  first  Monday  of  November 
every  second  year  in  the  town  it  last  sat  in,  without  any 
summons.  And  in  order  to  elect  members  the  freeholders 
of  each  precinct  were  to  meet  on  the  first  Monday  of  Sep- 
tember every  two  years  and  choose  their  representatives. 

Under  the  concessions  the  people  had  a  right  to  elect 
assemblymen  on  the  first  day  of  each  January,  and  this  new 
provision  investing  them  with  the  constitutional  right  to 
elect  a  parliament  every  other  September,  to  convene  in 
November  without  any  call  from  the  governor,  was  founded 
in  the  severe  experiences  of  the  English  people  during  the 
troubles  of  the  recent  past,  and  was  a  change  from  English 
methods  largely  favorable  to  the  liberties  of  the  people.    In 


102  CARTERET'S  ADMINISTRATION,  1670- 7 3 

'if?  after  years  it  became  the  foundation  of  a  famous  enactment 

known  as  the  Biennial  Act  of  171 5,  which,  however,  merely 
continued  in   force  the   former  practice. 

The  In  every  county  there  was  to  be  a  general  court,  held  by 

court  ihe  sheriff  and  one  justice  from  each  precinct.    Appeals  lay 

from  this  court  in  important  civil  cases  and  in  criminal  cases 
to  the  Proprietors'  court;  and  in  every  precinct  there  was 
to  be  a  court  consisting  of  a  steward  and  four  justices,  who 
should  judge  all  criminal  cases  except  treason,  murder,  and 
other  offences  where  the  punishment  was  death,  and  excepl 
criminal  cases  against  the  nobility;  and  also  all  civil  causes 
whatsoever,  but  with  appeal  to  the  county  court  in  important 
cases.  To  try  treason,  murder,  and  other  offences  punishable 
with  death,  a  commission  for  itinerant  judges  was  to  issue 
twice  a  year,  who  were  to  hold  assizes  in  each  county  with 
the  sheriff  and  four  justices,  with  appeal  to  the  Proprietors' 
court.  There  were  grand  juries  for  the  criminal  courts,  and 
in  all  courts  causes  were  determined  by  a  jury  of  twelve 
men,  but  a  majority  verdict  was  sufficient,  unanimity  not 
being  required. 

While  the  nobles  had  great  places  provided  for  them, 
there  were  thus  open  to  the  freemen  avenues  to  distinction 
in  a  judicial  career,  as  members  of  Parliament,  as  assistants 
in  the  great  courts,  and  as  councillors.     But  lawyers  were 

dUcoun^  discountenanced,  and  it  was  declared  a  vile  thing  to  plead 
a  cause  for  money.  The  purpose  of  this  provision  was,  pos- 
sibly, to  build  up  a  clientage  for  the  great  lords  and  add  to 
their  importance.  While  appeals  were  allowed,  a  new  trial 
in  the  same  court  was  forbidden,  and  all  manner  of  comments 
and  of  expositions  on  any  part  of  the  law  was  absolutely 
prohibited.  But  at  the  end  of  a  hundred  years  every  law 
was  to  be  void.  There  were  one  hundred  and  twenty  sections 
of  the  Grand  Model,  or  Constitutions  as  Locke  called  them, 
and  every  part  of  them  was  to  remain  sacred  and  unalterable 
forever,  and  every  inhabitant  was  to  take  an  oath  to  support 
them. 

Among  the  provisions  of  the  Fundamental  Constitutions 


tenanced 


THE  FUNDAMENTAL  CONSTITUTIONS  103 

were  some  innovations  on  English  customs  that  were  not  lJ* 

without  merit.    There  was  to  be  in  each  precinct  an  officer 

called  the  register,  in  whose  records  should  be  enrolled  all 

deeds,  judgments,  and  conveyances  which  concerned  any  ^£"5*^3 

land  in  the  precinct,  and  until  registered  such  conveyances  °^£jj£ 

had  no  force.    And  in  every  seignory,  barony,  and  colony 

there  was  to  be  a  registry  for  recording  all  births,  marriages, 

and  deaths;  and  no  marriage  was  to  be  lawful,  no  matter 

what  contract  or  ceremony  was  used,   until  both  parties 

mutually  owned  it  before  the  register,  and  he  had  recorded 

it,  together  with  the  names  of  the  parents. 

In  regard  to  religion,  while  freedom  of  conscience  was  Religion 
allowed,  yet  it  was  enacted  that  no  man  should  become  a 
freeman  of  Carolina  or  have  any  estate  or  habitation  within 
it  "that  doth  not  acknowledge  a  god,  and  that  god  is  to  be 
publicly  and  solemnly  worshipped" ;  and  while  no  person  of 
the  age  of  seventeen  years  could  have  any  protection  of 
the  law  unless  a  member  of  a  church,  yet  any  seven  persons 
agreeing  in  any  religion  could  constitute  a  church  or  pro- 
fession on  which  they  should  bestow  some  name  to  dis- 
tinguish it  from  others. 

The  changes  introduced  by  the  Constitutions 

Some  of  the  administrative  provisions  of  the  Grand  Model 
were  not  unlike  those  that  had  been  in  use  in  Albemarle  from 
the  first.  Others  were  easy  to  introduce.  But  the  establish- 
ment of  new  orders  of  nobility  with  the  powers  and  privileges 
accorded  them  and  the  subdivision  of  the  counties  as  pro- 
posed were  utterly  impracticable. 

The  details  of  what  the  philosopher  Locke  and  his  coadju- 
tor, a  sagacious  man  of  business  and  practical  statesman, 
deemed  a  perfect  plan  of  government  were  worked  out  with 
great  care  and  particularity.  But  political  institutions  to  fit 
the  needs  of  a  community  must  be  the  reasonable  outgrowth 
of  actual  conditions,  developed  through  the  natural  opera- 
tion of  influences  that  affect  the  thoughts,  habits,  aspira- 
tions, and  life  of  the  people.     Although  the  Grand  Model 


104  CARTERET'S  ADMINISTRATION,  1670-73 

ffi  won  high  applause  upon  its  publication  in  Europe,  it  did  not 

excite  enthusiasm  in  Carolina.  As  a  theoretical  adjustment 
of  forces  in  government,  establishing  on  a  secure  basis  a 
conservative  aristocracy  and  perpetuating  a  monarchical 
system  along  with  guarantees  of  popular  freedom,  it  was 
doubtless  superior  to  any  European  government  of  that  era. 

don»  Hrlhe   ^ut  **  was  no*  suited  for  freemen  inhabiting  a  wilderness. 

dowtilu  For  the  chief  aim  in  view,  the  establishment  of  a  practical 
government  in  Carolina,  it  was  a  strange  admixture  of  un- 
mitigated folly  and  theoretical  wisdom.  The  provision 
ordaining  a  nobility  was  probably  not  offensive  to  the  inhab- 
itants of  Albemarle.  The  people  of  every  nationality  were 
at  that  period  accustomed  to  class  distinctions,  which  entered 
largely  into  the  social  life  of  their  country,  and  an  order 
of  nobility  could  not  have  been  disagreeable  to  Englishmen  in 
any  colony.  But  the  plan  was  too  elaborate  to  be  put  into 
successful  operation,  and,  except  in  some  unimportant  par- 
ticulars, it  was  not  attempted  in  Albemarle.  A  century  later, 
when  a  constitution  was  to  be  framed  by  practical  statesmen 
for  a  continent,  the  outline  of  a  system,  a  few  general  grants 
of  power,  a  few  denials  of  authority  by  way  of  limitation, 
sufficed  to  establish  a  government  that  has  evoked  the 
admiration  of  mankind. 

The  first  meeting  under  the  Grand  Model 

c.  r.,  1, 179  The  principal  features  of  the  Grand  Model  having  been 
agreed  on,  a  rough  draft  of  it  was,  in  July,  1669,  trans- 
mitted to  Albemarle.  The  first  meeting  of  the  Proprietors 
after  its  adoption  was  held  in  October,  1669,  at  the  Cockpit, 
a  government  office  near  Whitehall,  where  Lord  Ashley's 
public  business  was  commonly  transacted,  where  the  Board 
of  Trade  held  its  sessions,  and  where  later  Princess  Anne 
resided  until  called  to  the  throne.  There  were  present  all 
of  the  Proprietors  except  Clarendon  and  Sir  William 
Berkeley.  Albemarle,  being  the  oldest  of  the  Proprietors, 
became  the  first  Palatine.  At  a  second  meeting  two  months 
later,  January,  1670,  it  was  resolved  that  instructions  should 


-* 


CARTERET   SUCCEEDS  STEPHENS  105 

be  sent  to  Carolina  to  put  the  new  model  into  operation.  '** 

Before  that,  however,  Albemarle  had,  in  December,  passed 
away,  and  Lord  John  Berkeley  succeeded  to  the  office  of 
Palatine.  At  this  meeting  the  acts  of  the  General  Assembly 
of  1669,  that  had  been  transmitted  to  the  Lords  Proprietors  c- R- '• sS* 
for  their  confirmation,  were  approved,  and  they  were  re- 
drafted to  conform  to  the  requirements  of  the  Grand  Model, 
and  were  then  returned  to  Albemarle,  where  they  were 
passed  for  the  second  time  on  October  15,  1670. 

Carteret  governor 

At  this  meeting,  too,  John  Locke  and  Sir  John  Yeamans 
were  appointed  landgraves ;  and  Lord  Berkeley,  exercising 
his  prerogative  as  Palatine,  deputized  Samuel  Stephens,  the 
former  governor,  to  be  his  deputy  and  to  continue  in  as 
governor.  But  about  December  of  the  year  1669  dl2!hen* 
Stephens  died,  and  the  council  in  Albemarle  Raving,  in  Dec»l669 
such  an  emergency,  the  power  and  right  to  fill  the  vacancy, 
chose  as  governor  Peter  Carteret,  a  kinsman  of  Sir  George 
Carteret,  who  had  settled  in  Albemarle  in  1664;  and 
Carteret  entered  actively  on  the  duties,  and  as  governor  held 
with  the  council  a  called  session  of  the  county  court,  being 
the  general  court  for  the  county,  in  July,  1670,  at  which  time 
administration  was  granted  on  the  estate  of  Stephens  to 
John  Culpepper,  as  attorney  for  Sir  William  Berkeley,  whose 
marriage  with  the  widow  may  already  have  been  solemnized. 
That  council,  previously  appointed  by  Governor  Stephens 
under  his  commission  and  instructions,  was  composed  of 
Colonel  John  Jenkins,  John  Harvey,  Major  Richard  Foster, 
and  Captain  Thomas  Cullen,  some  of  the  other  councillors 
not  being  in  attendance.* 

*At  a  called  court  held  July  15,  1670,  at  the  house  of  Samuel 
Davis,  for  the  county  of  Albemarle,  there  were  present  the  Hon. 
Peter  Carteret,  governor  and  commander-in-chief;  Colonel  John 
Jenkins,  John  Harvey,  Major  Richard  Foster.  Captain  Thomas 
Cullen.  councillors;  and  the  following  was  adopted:  Whereas. 
Mr.  John  Culpepper,  Gent.,  attorney  for  Sir  William  Berkeley, 
governor,  and  captain-general  of  Virginia,  petitioned  to  this  court 
for  letters  of  administration  on  the  estate  of  Captain  Samuel 
Stephens,  deceased,  he  putting  in  security  to  save  the  court  harmless, 


io6 


CARTERET'S  ADMINISTRATION,  1670-73 


1670 


C.  R.,  1, 181 


Grand 
Model  vs. 
the  existing 
system 


MSS. 
Records 
at  Eden  ton 


The  news  of  the  death  of  Stephens  apparently  reached 
England  before  the  instructions  prepared  for  him  at  the 
January  meeting  of  the  Proprietors  had  been  sent,  and  so 
later  in  the  year  Carteret  was  appointed  governor  and  his 
instructions  were  sent  him,  together  with  a  copy  of  the  Grand 
Model,  which  had  been  completed  and  fully  perfected  on 
March  i,  1670. 

On  September  27th  of  that  year  a  general  court  was  held 
for  the  county  of  Albemarle,  there  being  present  the  same 
councillors,  together  with  Francis  Godfrey  and  John 
Willoughby. 

The  Grand  Model  in  practice:  The  precincts 

In  the  instructions  directed  to  Carteret  as  governor  the 
Proprietors  said  they  were  not  able  to  put  the  Grand  Model 
fully  into  practice,  "but  intending  to  come  as  nigh  to  it  as 
we  can,"  Carteret  was  directed  to  observe  it  as  far  as  prac- 
ticable. These  instructions,  therefore,  varied  from  the  Grand 
Model  and  also  varied  from  the  existing  system  at  Albe- 
marle in  several  particulars.  Among  the  directions  given 
to  Carteret  was  one  that  a  writ  should  be  issued  to  the  four 
precincts  of  Albemarle  for  the  election  in  each  of  five  repre- 
sentatives for  a  general  assembly,  the  division  into  four 
precincts  having  been  made  conformably  to  the  rough  draft 
of  the  Grand  Model  sent  over  in  July,  1669.*  Under  the 
concessions,  and  under  Stephens's  instructions  in  1667,  the 
inhabitants  were  to  choose  twelve  deputies,  until  "distric- 
tions  of  the  county  should  be  made,"  and  then  each  "dis- 
triction"  should  choose  two  representatives.     That  would 

it  is  ordered  that  the  said  Culpepper  have  orders  of  administration 
granted  him.  Whereas,  Andrew  Woodward  was  summoned  to  this 
court  of  chancery,  and  being  required  to  give  his  oath  upon  inquiry 
of  what  he  knew  to  be  the  estate  of  Samuel  Stephens,  deceased,  he 
wilfully  denied  and  refused  to  give  his  oath,  wherefore  the  court 
ordered  that  he  remain  a  close  prisoner.  On  September  27,  1670,  a 
general  court  was  held  at  the  same  place,  which  seems  to  have  been 
at  that  time  the  convenient  point  of  meeting. 

♦The  names  of  three  of  these  precincts  were  Carteret,  Berkeley 
and  Shaftesbury;  the  name  of  the  fourth  is  now  not  positively 
known. 


THE  GRAND  MODEL  IN  PRACTICE  107 

indicate  that  at  least  six  subdivisions  were  then   in  con-  gfe 

templation ;  now  the  county  was  divided  into  four  precincts, 
as  required  by  the  Grand  Model,  each  electing  five  repre- 
sentatives.    Such  was  the  origin  of  the  right  of  the  Albe-   £;i8£p°£he 
marie  precincts  to  have  five  representatives,   which  they  *«nlat,ve» 
continued  to  enjoy,  despite  all  antagonism,  until  the  adoption 
of  the  state  constitution  in  1776.* 

The  nobility 

Five  persons  appointed  by  the  Lords  Proprietors,  who  c.r.,  1,181 
theoretically  were  to  represent  the  nobility,  were  to  sit  with 
the  twenty  representatives  chosen  by  the  people  to  form 
an  Assembly.  After  the  Assembly  had  chosen  a  speaker,  it 
was  to  elect  five  persons,  who  were  to  join  the  five  deputies 
appointed  by  the  Lords  Proprietors  to  form  the  governor's 
council,  the  governor  himself  being  the  deputy  of  the  Pala- 
tine. And  this  council  of  ten  was  to  have  the  power  of  the 
Grand  Council  in  the  Grand  Model.  The  governor  and  the 
five  deputies  were  to  form  the  Palatine's  Court,  and  were 
vested  with  the  jurisdiction  and  powers  conferred  on  that 
court.  Particular  authority  was  conferred  on  the  governor 
and  council  to  establish  courts  for  the  administration  of 
justice;  and  all  the  inhabitants  were  to  take  an  oath  of 
allegiance  and  of  submission  to  the  form  of  government. 

Such  were  the  instructions  to  Governor  Carteret,  in  1670, 
to  put  the  Grand  Model  into  operation  "as  nigh  as  may  be," 
and  in  several  particulars  to  alter  the  existing  government 
in  order  to  do  so,  and  to  require  the  submission  of  the 
people  to  it  under  the  sanction  of  an  oath.  Carteret,  who 
early  settled  in  Albemarle,  and  was  so  esteemed  that  he 
had  been  speaker  of  the  Assembly,  and  whose  qualifications 
were  such  that  he  had  served  as  secretary  of  the  general 
court,  sought  to  give  effect  to  his  instructions  and  put  into 
operation  the  changes  indicated.     The  county  had  already 

*In  1665,  the  freemen  themselves  met  in  Grand  Assembly;  in  1666, 
they  assembled  and  appointed  members  to  represent  them ;  and  this 
was  continued  until  the  precincts  were  established,  when  the  election 
was  by  precincts. 


io8  CARTERET'S  ADMINISTRATION,  1670-73 


lJjZ  been  laid  off  into   four  precincts,  which  were  now  per- 

manently established.  The  governor  and  deputies  held  their 
Palatine's  Court,  the  council  was  increased  by  five  common- 
ers chosen  by  the  Assembly,  and  in  other  respects  attempts 
were  made  to  follow  the  instructions  of  the  Proprietors. 

The  Grand  Model  in  its  complex  entirety  was  not  at  all 
adapted  to  a  few  scattered  planters  in  a  new  settlement ;  nor 
were  its  provisions  that  erected  a  class  of  landed  aristocracy 
in  harmony  with  the  spirit  of  liberty  and  of  equality  which 
Grand°fthe   would  naturally  be  fostered  in  a  remote  wilderness.    But  it 
Modcl  contained  some  important  principles  of  liberty  which  thus 

became  engrafted  in  the  fundamental  constitution  of  the 
colony,  and  whose  maintenance  was  in  after  years  of  great 
interest  to  the  people.  Although  it  did  not  go  into  operation 
in  all  its  parts,  yet  in  some  respects  the  frame  and  system  of 
government  conformed  to  it.  The  governor  was  the  repre- 
sentative of  the  Palatine,  the  deputies  were  appointed  from 
among  the  people,  and  the  Assembly  elected  five  persons  to 
sit  with  them;  the  precinct  courts,  the  general  courts  and 
courts  of  chancery  were  now  held  conformably  to  the  funda- 
mentals; and  every  second  year,  in  September,  the  people 
elected  their  deputies  to  sit  in  the  legislature  without  any 
writ ;  and  the  Assembly  met  in  November. 

The  Quakers:  Edmundson  and  Fox 

167.  It   was  during  Carteret's  administration,   in    1672,   that 

William  Edmundson,  a  preacher  of  the  new  sect,  the  Friends, 
visited  Albemarle,  and  the  first  religious  meeting  was  held  in 
the  forests  of  Carolina.  Accompanied  by  two  woodsmen  to 
guide  him  through  the  wilderness,  Edmundson  passed  on 
horseback  beyond  the  confines  of  the  Nansemond  settlements, 
and  on  the  third  day  reached  the  house  of  Henry  Phillips, 
the  only  Quaker  then  in  Albemarle.  Phillips  and  his  wife 
had  been  convinced  in  New  England,  and  coming  to  Carolina 
about  1665  had  not  seen  a  Friend  for  seven  years.  When 
Edmundson  made  himself  known,  they  wept  for  joy.  Word 
was  speedily  sent  to  the  neighbors  to  come  at  noon  to  hear 


THE  FIRST  RELIGIOUS  MEETINGS  109 

the  preacher,  and  many  came.     For  a  dozen  years  those  ^ 

who  had  first  seated  in  that  remote  locality  had  been  without 
church  privileges,  had  not  assembled  in  prayer,  nor  heard  a 
preacher  of  the  Word.  Edmundson,  accustomed  to  the  preachM** 
observance  of  the  proprieties,  was  shocked  that  they  brought 
their  pipes  and  sat  smoking  during  the  religious  service. 
But  while  their  forest  breeding  impressed  him  that  they 
were  not  religious,  yet  he  found  the  way  to  their  hearts,  and 
several  at  once  received  the  "Truth  with  gladness."  Truly, 
those  were  glad  hearts  that  were  converted  and  brought  into 
communion  with  this  apostle  of  repentance  preaching  that 
the  inner  light  was  a  revelation  of  the  Holy  Spirit.  On  the 
third  day  Edmundson,  well  pleased  with  Carolina,  returned  C-R«ii.«7 
to  Virginia.  But  a  few  months  later  he  was  followed  by  the 
very  head  and  founder  of  the  faith,  George  Fox.  Fox  Foxvisiu 
reached  Bennett's  Creek  toward  the  last  of  November,  and  CaroUn» 
taking  a  canoe,  proceeded  to  the  Chowan  and  then  to  Eden- 
ton  Bay;  and  there,  obtaining  a  larger  boat,  went  on  to 
Governor  Carteret's.  The  governor  and  his  wife  "received 
them  lovingly,"  and  Carteret  courteously  accompanied  him 
two  miles  through  the  wilderness.  Thirty  miles  more 
brought  Fox  to  the  residence  of  Joseph  Scot,  one  of  the 
assemblymen,  where  they  had  a  precious  meeting;  and  a 
few  miles  further  they  reached  the  home  of  the  secretary 
of  the  colony,  who  had  previously  accepted  the  Quaker  faith. 
For  three  weeks  Fox  lingered  among  these  people  of  the 
forest,  whom  he  described  as  tender  and  loving  and  recep- 
tive of  the  truth,  holding  meetings  to  which  they  flocked. 
The  seed  fell  on  good  ground.  The  faith  of  the  zealous  and 
earnest  evangelist,  who  appealed  so  effectively  to  the  con- 
sciences of  his  hearers,  took  firm  root  in  Albemarle.  No 
other  religious  meetings  were  held  calling  the  people  into 
communion  and  at  once  ministering  to  their  human  needs 
and  satisfying  their  spiritual  longings.  It  was  in  sympathy 
with  the  solitude  of  their  surroundings  and  the  quietude  of 
their  daily  life.  There  had  been  naught  to  disturb  the  rest- 
fulness  of  the  people  or  to  inflame  their  passions.    Content- 


no 


CARTERET'S  ADMINISTRATION,  1670-73 


1679 


ment  prevailed.  The  administration  of  their  government  had 
been  of  the  people  and  for  the  people.  Their  assemblies  met 
regularly,  and  the  laws  were  of  their  own  making. 


C.  R.,  I,  aiQ 


The 

Assembly 
of  167s 


The  Great 
Deed 
appealed  to 


The  first  dissatisfaction 

At  the  session  of  1672  at  least  fifty- four  acts  were  passed, 
which  may,  however,  have  embraced  all  former  laws  then 
re-enacted.  The  fifty-fourth  prohibited  the  sale  of  rum  at  a 
greater  price  than  twenty-five  pounds  of  tobacco  per  gallon ; 
for  the  unit  of  value  was  the  pound  of  tobacco,  and  taxes, 
rents,  and  debts  were  all  payable  in  that  commodity.  This 
attempt  to  regulate  prices,  interfering  with  the  freedom  of 
trade,  was  soon  found  to  be  inexpedient,  because  if  the 
traders  could  not  make  a  greater  profit  on  the  rum,  they 
would  not  bring  in  other  commodities  that  were  more  neces- 
sary to  the  inhabitants.  The  next  year,  therefore,  the  act 
was  repealed. 

Notwithstanding  those  features  of  the  Grand  Model  that 
were  inimical  to  freedom,  there  was  probably  no  opposition 
to  the  introduction  of  the  administrative  changes  which 
Carteret,  under  his  instructions,  put  into  operation.  The 
people,  few  in  number,  somewhat  scattered,  occupied  with 
their  industries,  probably  did  not  at  first  greatly  concern  them- 
selves with  those  provisions  of  the  new  constitution  that 
were  not  to  be  carried  into  effect  at  once  among  them;  but 
when  they  were  required  to  take  an  oath  to  support  it  and 
to  abide  by  it,  and  when  one  of  its  unalterable  provisions 
was  that  their  rent  per  acre,  instead  of  one  farthing  per 
acre,  payable  in  commodities,  should  be  as  much  silver  as  is 
contained  in  a  penny,  they  exhibited  signs  of  dissatisfaction. 
They  had  just  secured  by  the  Great  Deed  the  concession  for 
which  they  had  petitioned  years  before,  that  their  rent  should 
be  like  that  in  Virginia,  and  the  proposed  change  must  have 
aroused  indignation.  In  the  records  of  Perquimans  is  an 
entry  showing  that  Francis  Toms,  Christopher  Nicholson, 
and  William  Wyatt,  being  Quakers,  did  subscribe  the 
Fundamental  Constitutions,  but  they  added  a  protest,  how- 


DISCONTENT  IN  THE  COLONY  in 

ever,  that  by  accepting  the  Grand  Model  they  should  not  Jj2 

be  disannulled  of  the  gracious  grant  given  by  the  Lords 
Proprietors  in  their  Great  Deed  to  hold  their  lands  according 
to  the  tenure  of  Virginia.  Doubtless  this  protest  but  ex- 
pressed the  common  sentiment  of  all  the  inhabitants. 

Besides,  just  at  this  time  there  were  other  causes  of  dis- 
content arising  from  the  navigation  laws  and  customs  duties, 
which  if  enforced  would  seriously  interfere  with  the  trade  of 
the  colony.  But  whatever  was  the  occasion,  dissatisfaction 
pervaded  the  settlement — a  dissatisfaction  so  pronounced  that 
Carteret  could  not  stem  it.  The  new  element  introduced  into 
the  council  by  the  admission  of  five  inhabitants  appointed  by 
the  Assembly  now  changed  the  attitude  of  that  body  toward 
public  measures  and  virtually  brought  it  under  the  rule  of 
the  people  themselves.  The  council  was  no  longer  in  har- 
mony with  the  governor. 

Carteret's  efforts  to  compose  differences  were  fruitless ;  he  ££2? 
wearied  of  the  attempt,  and  finally  laid  down  his  office  and 
abandoned  the  colony.     Before  May,  1673,  he  sailed  for 
England,  leaving  the  administration,  it  is  said,  in  ill  order 
and  worse  hands. 

On  May  25th,  at  a  council  held  at  the  house  of  Thomas 
Godfrey,  Carteret  was  absent  and  Colonel  John  Jenkins 
presided  as  deputy  governor. 


CHAPTER  X 
Administrations  of  Jenkins  and  Miller,  1673-78 

The  navigation  acts. — The  Board  of  Trade.— The  people  mur- 
mur.— Other  causes  of  dissatisfaction. — An  Indian  war. — The  to- 
bacco duty  resisted. — The  administration  compromises. — Miller  ar- 
rested.— Eastchurch  goes  to  England. — Governor  Jenkins  deposed. — 
Eastchurch  appointed  governor. — Bacon's  rebellion  in  Virginia. — 
A  government  by  the  people. — Eastchurch  deputizes  Miller. — Op- 
position to  the  navigation  acts. — Durant  resolves  to  revolt. — Miller 
acts  resolutely. — Durant  returns  to  Albemarle. — The  crisis  arrives. — 
The  revolt  proceeds. 

The  navigation  acts 

l66o  Since  the  opening  of  the  century  there  had  been  rapid 

"**""  progress  in  the  art  of  manufacturing  and  in  the  develop- 

ment of  the  commercial  interests  of  England.  Fierce  wars 
had  been  waged  for  the  expansion  of  trade  and  for  the 
establishment  of  commercial  supremacy.  The  early  navi- 
gation acts,  strengthened  by  Crom weirs  legislation,  were 
initial  movements  in  a  system  intended  to  secure  the  mer- 
cantile prosperity  of  England.  And  as  the  enterprising 
Dutch  were  now  proving  successful  competitors  in  the 
colonial  trade,  there  was  in  1660  a  further  enactment,  aimed 
at  Holland,  that  all  importations  into  the  plantations  should 
be  in  English  ships.  Because  of  that  prohibition,  Dutch 
vessels  were  no  longer  seen  in  American  harbors,  and  the 
carrying  trade  was  secured.  But  still  there  was  direct  inter- 
course between  the  colonies  and  European  ports,  and  the 
London  merchants  did  not  reap  all  the  advantage  of  the 
«^3  colonial  trade.     So  three  years  later  English  statesmanship 

took  a  further  step.  The  importation  of  European  com- 
modities into  the  colonies  was  prohibited  unless  shipped  from 
England.     In  the  interest  of  the  London  merchants,  it  was 


THE  NAVIGATION  ACTS  BURDENSOME  113 

virtually  enacted  that  the  colonies  could  obtain  foreign  goods  Jj; 

only  from  them.  Still  there  was  unrestrained  trade  between 
the  colonies  themselves.  The  Englishmen  in  New  England 
could  freely  barter  with  their  fellow-subjects  of  Albemarle, 
and  that,  indeed,  was  the  chief  source  of  supply  for  that 
colony.  And  it  may  be  that  the  New  England  merchants 
evaded  the  navigation  acts,  and  that  a  part  of  the  European 
commodities  brought  to  Albemarle  had  not  come  by  way  of 
London.  At  any  rate,  the  growing  mercantile  importance  of 
New  England  attracted  attention,  and  in  1672  a  blow  was 
aimed  to  cripple  it.  An  act  was  passed  abridging  the  free- 
dom of  inter-colonial  traffic. 

A  duty  was  imposed  on  tobacco  and  certain  other  enu-  Tobacco 
merated  articles  when  exported  from  one  colony  to  another.  New1*  to 
And  tobacco  was  the  staple  in  which  payments  were  made,  taxed 
It  was  the  basis  of  bills  of  credit.  The  duty  imposed  was  a 
penny  a  pound,  and  to  that  extent  the  tax  lessened  the  value 
of  tobacco  as  a  debt-paying  commodity  in  the  inter-colonial 
trade.  Indeed,  tobacco  from  the  first  had  been  the  subject 
of  particular  regulation.  Its  culture  in  England  was  for- 
bidden, and  Charles  I  had  taken  to  himself  the  entire  pro- 
duction of  the  English  colonies,  at  a  price  fixed  by  himself, 
and  it  paid  a  duty  on  being  brought  into  England.  If  any 
obtained  at  Albemarle  by  the  New  England  merchants  was 
shipped  to  the  continent,  the  king  lost  his  taxes  and  New 
England  obtained  funds  from  abroad  to  pay  for  European 
commodities  to  be  clandestinely  brought  into  the  colonies. 
To  stifle  this  trade  and  to  secure  more  funds  for  the  deplen- 
ished purse  of  a  needy  sovereign  this  export  tax  was  im- 
posed, and  it  was  to  be  collected  by  officers  of  the  Crown. 
Indeed,  the  entire  regulation  of  colonial  affairs,  being  claimed 
as  a  royal  prerogative,  had  on  the  Restoration  been  com- 
mitted to  the  king's  Privy  Council.  When  Ashley  became 
chancellor  of  the  exchequer,  in  1668,  ever  active  in  pro- 
moting national  advancement,  he  procured  the  appointment 
of  a  Council  of  Commerce,  to  whom  was  assigned  special 
charge  of  the  colonies.     In  1672  Ashley  became  lord  high 


ii4  JENKINS  AND  MILLER,  1673-78 

'fr?  chancellor  and  was  created  Earl  of  Shaftesbury,  and  in  the 

same  year  this  export  tax  was  laid  on  tobacco. 

The  Board  of  Trade 

But  the  Council  of  Commerce  was  inefficient,  and  later  it 
was  dissolved  and  its  functions  were  transferred  to  a  new 
board  appointed  to  take  charge  of  all  matters  relative  to 
trade  and  the  foreign  plantations ;  and  the  immediate  care  of 
these  affairs  was  committed  to  a  few  selected  members, 
ngm  among  them  being  Shaftesbury,  Craven,  Berkeley,  and  Col- 
leton, four  of  the  Proprietors  of  Carolina,  while  Landgrave 
Locke  was  their  secretary.  Such  was  the  origin  of  this 
board  that  continued  until  the  Revolution  to  manage  the 
affairs  of  the  American  colonies.  At  the  time  of  its  creation 
the  colonies  were  free  to  export  their  products,  except 
tobacco  and  some  other  ertumerated  articles,  in  English  ships, 
to  the  West  Indies  and  elsewhere,  and  to  import  rum  and 
salt  and  produce  in  return ;  and  European  commodities  im- 
ported by  one  colony  from  England  could  be  reshipped  to 
another;  tobacco  could  be  exported  from  one  colony  to 
another  on  the  payment  of  the  export  tax,  and  upon  its 
importation  into  England  an  import  duty  was  to  be  paid. 
But  while  these  were  the  regulations,  they  had  not  been 
enforced.  No  customs  officers  had  been  appointed  for 
Albemarle,  and  there  had  been  no  interference  with  the  trade 
that  enterprising  New  Englanders  had  established  with 
Albemarle.  Now  there  was  to  be  a  change ;  but  Shaftesbury 
was  no  longer  on  the  board. 

1673  His  zealous  efforts  to  arrest  the  advance  of  Catholic  influ- 

ences had,  in  1673,  separated  him  from  the  other  great 
officers  of  state,  and  in  September  of  that  year,  having  been 
dismissed  from  the  office  of  lord  chancellor,  he  became  the 
popular  leader  and  the  central  figure  in  the  contest  against 

Shaftesbury  the  measures  of  the  court.  Having  carried  through  Par- 
liament a  bill  forbidding  Catholics  to  come  within  ten  miles 
of  London,  the  king,  who  was  largely  under  Catholic  influ- 


THE  NAVIGATION  ACTS  ENFORCED  115 

ences,  dismissed  him  from  the  Privy  Council  and  ordered  ^ 

him  to  leave  London. 

The  people  murmur 

It  was  fifteen  years  after  the  axe  of  the  first  settlers  had 
rung  in  the  clearings  of  Albemarle  before  any  order  "by  the 
king's  command"  was  heard  in  Carolina.  Then  came  com- 
missions for  one  Copeley  and  one  Birch  to  be  the  king's 
collector  of  customs  and  his  surveyor  of  customs;  and  in  c. r., i,** 
case  these  appointees  should  not  be  in  the  colony,  the  gov- 
ernor was  directed  to  fill  the  offices  by  his  own  appointment. 
Copeley  and  Birch  did  not  appear  and  claim  their  commis- 
sions, so  the  duty  of  appointment  devolved  on  John  Jenkins, 
then  president  of  the  council  and  acting  governor.  Oppo- 
sition was  at  once  manifested  to  this  first  step  toward 
putting  in  force  the  navigation  acts  and  trade  regulations 
that  had  not  been  previously  observed  in  Albemarle.  But 
Jenkins  and  the  other  deputies  managed  to  reconcile  the 
people  to  it,  and  the  appointments  were  made.  Timothy  c.r.,  1,29a 
Biggs,  the  deputy  of  Earl  Craven,  who  had  married  the 
widow  of  Speaker  Catchmaid,  was  appointed  surveyor  of 
customs,  and  Valentine  Byrd,  the  collector.  Byrd  was  a  man 
of  consequence  and  of  wealth,  and  lived  in  style,  as  the 
inventory  of  his  estate  filed  on  his  death  a  few  years  later 
indicates.*  He  entered  on  his  duties,  but  probably  was  not 
exacting  or  thorough  in  their  performance.  It  was  said  that 
many  hogsheads  of  tobacco  went  out  tax  free  marked  as 
"bait  for  the  New  England  fishermen,"  and  European  com- 

*In  1680  we  have  the  inventory  of  Captain  Valentine  Byrd,  who 
was  one  of  the  grandees  of  the  time,  and  here  we  come  upon  "fine 
Holland  sheets,"  and  "diaper  napkins."  and  "table  cloaths,"  and 
"silver  tankards  and  spoons,"  "dressing  boxes,"  "mirrors,"  "books," 
"a  coach,"  and  "lignum-vitae  punch  bowl,"  with  a  rich  account  of 
household  articles  in  the  shape  of  "warming  pans,"  "beds  and  bed-  „ 
ding,"  "chairs  and  tables,"  clearly  demonstrating  that  Captain  Valen-  Jl|  ' 
tine  Byrd  was  a  man  well-to-do  in  this  world;  and  if  not  very 
comfortable,  had  no  one  to  blame  but  himself,  for  he  had  men 
servants  and  maid  servants,  negroes.  Indians,  and  white  convicts,  and 
lands  well  stocked  and  good  tenements  thereon,  all  of  which  he  left 
to  his  wife,  who  afterward  gave  both  it  and  herself  to  the  first 
leader  of  rebellion,  and  became  Madame  Culpepper. 


n6  JENKINS  AND  MILLER,  1673-78 

lJjl  modities  were  allowed  to  be  landed  that  did  not  come  under 

a  London  manifest.    Still  ostensibly  the  law  was  observed  in 
Albemarle,  but  it  was  a  constant  cause  of  irritation. 

In  the  meantime  other  circumstances  led  to  discontent 
and  apprehension  among  the  inhabitants.  There  were 
rumors  that  the  rents  were  to  be  raised,  and  also  that  the 
province  was  to  be  divided  among  the  Proprietors,  and  that 
Albemarle  was  to  be  allotted  to  Sir  William  Berkeley.  It 
would  have  been  repugnant  to  the  freemen  of  Albemarle  to 
be  cast  under  the  dominion  of  any  single  Proprietor;  but 
when  their  ruler  was  to  be  Berkeley,  whose  tyranny  in  Vir- 
ginia was  drawing  the  inhabitants  into  revolt,  the  suggestion 
was  abhorrent  to  them,  and  the  Assembly  in  November,  1675, 

mon$trlnce  adopted  a  remonstrance  to  the  Lords  Proprietors  on  the 
subject. 

An  Indian         In  addition  to  these  troubles  an  Indian  war  now  set  in. 

c.  R.,1,658  Some  of  the  savages  who  had  been  waging  a  murderous 
warfare  on  the  northern  borders  of  Virginia  fled  to  the 
Meherrins  and  stirred  them  up  to  hostilities,  and  they  began 
to  roam  in  the  wilderness  between  Albemarle  and  Nanse- 
mond,  and  committed  several  murders  that  aroused  the 
people.  Fortunately,  just  when  needed,  Captain  Zack 
Gilliam  came  into  port  from  London  with  his  armed  ship, 
the  Carolina,  bringing  a  cargo  among  which  was  a  supply 
of  arms  and  ammunition,  and  a  force  was  organized  to 
suppress  the  Indians.  In  the  prosecution  of  this  war,  which 
lasted  for  more  than  a  year,  as  the  council  said  later,  "by 
God's  assistance,  though  not  without  the  loss  of  many  men," 

Meherrins     the  Meherrins  were  wholly  subdued,  and  were  removed  from 

1676-77  *  their  territory  on  the  south  side  of  the  Meherrin  River,  which 
they  had  occupied  under  a  treaty  made  by  commissioners 
appointed  by  King  Charles  II,  to  a  reservation  at  the  mouth 
of  the  Meherrin  River,  and  on  the  north  side,  although  after 
that  some  of  them  planted  corn  and  built  cabins  on  old  fields 
of  the  Chowanoak  Indians  on  the  south  side  of  the  river. 

duhtytobaCC°       On  the  return  of  the  force  from  this  campaign  against  the 

resisted         Meherrins  the  people,  with  arms  in  their  hands,  demanded 


NAVIGATION  ACTS  RESISTED  117 

that  the  export  tax  on  tobacco  shipped  to  another  colony  ,'fe 

should  not  be  collected.  Here  was  incipient  rebellion.  The 
grievance  to  be  redressed  was  not  because  of  the  Proprietary 
government,  but  it  arose  under  the  laws  of  England.  The 
purpose  of  the  English  statesmen  was  to  build  up  England's 
greatness  by  constraining  the  colonies  to  trade  at  London 
and  by  preventing  inter-colonial  trade  in  tobacco.  The  New 
England  traders,  it  was  alleged,  were  adept  in  evading  these 
regulations.  Vessels  leaving  England  would  stop  at  Ire- 
land and  obtain  a  quantity  of  linen;  others  would  call  by 
the  Canary  Islands  and  take  in  wine.  There  was  nothing 
immoral  in  the  act  itself.  It  had  always  been  proper  and 
lawful,  but  now  it  was  sinful  because  prohibited  in  the  inter- 
est of  the  London  merchant.  And  so  with  tobacco.  It  was  Tobacco 
entirely  proper  to  export  it  from  Albemarle  direct  to  London  export  aw* 
without  any  export  duty,  but  if  used  to  pay  a  debt  in  New 
England  it  was  burdened  with  an  export  tax.  Its  value 
as  a  debt-paying  medium,  if  used  in  the  New  England  trade, 
was  lessened  a  penny  a  pound  in  the  interest  of  the  London 
merchant.  The  coast  trade  was  natural,  but  it  was  not 
helpful  to  London,  therefore  it  must  be  stifled.  Such  was  the 
argument  of  the  English  statesmen.  The  men  of  Albemarle 
were  not  of  that  mind.  They  preferred  to  consult  the  advan- 
tage of  Albemarle.  The  law  they  objected  to  was  not  of 
their  making.  It  was  not  for  their  benefit.  It  was  disad- 
vantageous to  their  community.  It  was  imposed  on  them 
without  their  consent  by  men  across  the  Atlantic  to  pro- 
mote their  own  selfish  interests.  It  was  not  submitted  to  with 
complacency.  Oppressive  and  unjust  legislation  bears  the 
same  fruit  in  every  age.  There  are  evasions  by  artifice  and 
then  revolt.  Hogsheads  of  tobacco  were  clandestinely  ex-  f^^on 
ported,  and  then  the  people  with  arms  in  their  hands  took 
an  open  stand  against  the  enforcement  of  the  law.  Chief 
among  those  who  led  the  opposition  was  George  Durant, 
who  had  become  one  of  the  most  influential  men  in  Albe- 
marle, and  who  had  a  considerable  quantity  of  tobacco  for 
shipment  to  New  England;  and  in  alliance  with  him  were 


n8 


JENKINS  AND  MILLER,  1673-78 


«*£  Richard  Foster,  one  of  the  council ;  Patrick  White,  William 

Crawford,  and  Valentine  Byrd  himself. 


CH,l,n» 


Tht  Uw 
tviidcd 


MllUr 
•rrtittd 


C.R.,I,s6g, 
H4 


The  administration  compromises 

The  few  councillors  and  officials  who  felt  constrained  to 
support  the  law  were  unable  to  cope  with  a  determined  com- 
munity. They  therefore  effected  a  compromise.  Without 
authority,  they  offered  to  reduce  the  export  tax  to  a  farthing 
the  pound.  That  was  assented  to,  and  Byrd  was  allowed 
thereafter  to  peacefully  discharge  his  duties,  but  even  then 
probably  he  used  no  great  vigilance  as  the  king's  officer. 
And,  indeed,  it  was  afterward  alleged  against  him  that  he 
allowed  much  tobacco  to  be  exported  without  the  payment 
of  any  duty,  and  even  winked  at  the  importation  of  European 
manufactures  that  had  not  come  by  way  of  England. 

And  now  came  some  episodes  that  in  the  uncertain  and 
unsteady  light  thrown  upon  them  and  the  shifting  relations 
of  the  actors  cannot  be  certainly  accounted  for,  and  the  causes 
can  only  be  surmised. 

Thomas  Miller,  an  apothecary,  but  a  person  of  some  con- 
sideration, was  often  in  drink.  There  seems  to  have  been 
bad  blood  between  him  and  Jenkins,  the  president  of  the 
council.  It  is  said  a  conspiracy  was  formed  by  Jenkins  and 
John  Culpepper,  who  had  once  been  the  surveyor-general 
of  Carolina,  to  charge  him  with  uttering  treasonable  words 
against  the  king's  person  and  the  monarchy,  as  well  as  blas- 
phemy. Early  in  1676  he  was  arrested  by  Jenkins  and  the 
council  and  held  under  a  guard  of  soldiers,  put  in  irons 
and  thrown  into  prison.  Then,  doubtless  on  their  application 
to  Berkeley,  that  rank  Royalist  issued  a  mandate  for  Miller's 
removal  to  Virginia  to  be  tried  before  him  and  his  council. 
The  Albemarle  Assembly,  however,  was  no  party  to  this 
proceeding,  and  it  heard  evidence  in  opposition  to  the 
charges.  Miller,  on  being  carried  to  Virginia,  was  acquitted 
by  Berkeley  and  his  council,  and  he  caused  his  attorney, 
Henry  Hudson,  to  institute  an  action  for  damages  against 
Culpepper,  and  then  in  May  Miller  took  shipping  for  London, 


CONFLICT  WITH  GOVERNOR  JENKINS  119 

bearing  with  him  a  remonstrance  to  the  Proprietors  adopted  I$f 

by  the  Assembly  in  the  preceding  November,  and  also  a 
subsequent  address  adopted  in  March,  relative  to  the  depo- 
sition of  Jenkins,  and  assuring  the  Proprietors  of  their 
fidelity  to  them. 

About  the  same  time  Thomas  Eastchurch,  speaker  of  the  Eartchwch 
Assembly,  also  sailed  for  London.  He  had  had  a  case  in  KgU 
one  of  the  courts,  of  which  Captain  John  Willoughby 
was  a  member,  in  which  the  court  decided  adversely  to  him, 
and  on  his  proposing  to  appeal  to  the  Lords  Proprietors 
Willoughby  denied  the  appeal,  declaring  that  his  "court  was 
the  court  of  courts  and  the  jury  of  juries."  Willoughby  is 
alleged  to  have  been  a  great  tyrant.  For  his  tyrannical 
conduct  and  oppression  he  wa6  cited  before  the  Palatine's 
Court,  but  he  beat  the  officer  of  that  court  and  refused  to 
attend;  thereupon  he  was  declared  in  contempt  and  out- 
lawed, and  the  succeeding  General  Assembly  put  a  price  on 
his  head,  and  he  fled  to  Virginia  and  remained  there  until  the 
government  of  Albemarle  subsequently  became  unsettled. 

It  would  seem  that  Jenkins's  course  toward  Miller,  and 


perhaps  his  willingness  to  have  the  custom  duty  on  tobacco  cteSowjL 
collected,  led  to  charges  of  misdemeanor  against  him,  and  *1%t*f* 
the  General  Assembly  deposed  him  from  his  office  as  presi- 
dent of  the  council  and  imprisoned  him  and  sent  by  Miller 
to  the  Proprietors  for  instructions.  There  was  a  conflict  be- 
tween the  Assembly  and  Governor  Jenkins,  who  was  never- 
theless sustained  by  a  majority  of  the  council.  Nor  were 
the  Proprietors  satisfied  with  the  conduct  of  their  own 
deputies,  who  in  several  particulars  had  disregarded  their 
wishes  and  in  some  instances  had  thwarted  them.  The  Pro- 
prietors had  directed  that  towns  should  be  laid  off  and  built 
at  Roanoke  Island  and  elsewhere,  so  that  trade  could  be 
centred  at  certain  points  instead  of  being  carried  on  in  a 
desultory  way  at  the  landing  places  of  the  planters.  They 
had  also  directed  that  a  way  by  land  should  be  opened  to  the 
settlement  on  the  Ashley ;  and  they  had  particularly  enjoined 
that  plantations  should  be  settled  on  the  south  side  of  the 


120  JENKINS  AND  MILLER,  1673-78 

Ijf  sound.     None  of  these  instructions  had  been  obeyed,  and 

the  councillors  had  prevented  any  settlement  on  the  south 
side  of  the  sound,  because  that  would  have  interfered  with 
their  individual  trade  with  the  Indians  in  that  direction, 
which  they  had  engrossed.  Indeed,  Thomas  Cullen,  one  of 
the  deputies,  was  accused  of  furnishing  the  Indians  with 
pistols  and  with  arms  and  ammunition,  and  because  of  that 
charge  he  fled  from  the  colony. 

Eastchurch  appointed  governor 

aa'Ja'331'  In  tne   faN   °f   ^76  Eastchurch  and   Miller  arrived  in 

London,  and  the  Proprietors  at  once  took  their  matters  into 
consideration.  Eastchurch  was  not  merely  a  gentleman  of 
good  fame,  but  was  related  to  Lord  Treasurer  Clifford,  one 
of  the  Board  of  Trade,  who  had  solicited  his  appointment  as 
governor.  The  Proprietors  finding  that  he  was  a  very  dis- 
creet and  worthy  man,  was  speaker  of  the  Assembly  and 
much  interested  in  the  prosperity  of  the  colony,  Novem- 
ber 21,  1676,  appointed  him  governor.  They  also,  in  a  letter 
to  the  Assembly,  approved  its  action  in  regard  to  Jenkins, 
and  expressed  their  appreciation  of  the  respect  shown  for 
themselves  by  the  Assembly. 

Difficult  indeed  was  the  situation  of  those  Proprietors  who 
were  members  of  the  Board  of  Trade  and  in  duty  bound  to 
see  his  Majesty's  customs  collected, and  were  yet  interested  in 

JfhMi7^ov-  preserving  quiet  in  their  province,  where  the  people  were  evad- 
ing the  payment  of  that  tax  in  defiance  of  the  royal  authority, 
and,  emboldened  by  the  progress  of  Bacon's  revolution  in 
Virginia,  were  likewise  manifesting  a  purpose  to  govern 
themselves.* 

*In  May,  1676,  because  of  Berkeley's  supineness  in  not  checking 
Indian  hostilities,  many  of  the  Virginians  embodied  under  the  leader- 
ship of  Nathaniel  Bacon  and  marched  against  the  Indians;  this  pro- 
ceeding being  in  defiance  of  Governor  Berkeley's  wishes,  on  the 
29th  of  the  month  he  proclaimed  them  rebels.  The  next  month  an 
Assembly  met,  and  Berkeley  having  promised  to  issue  a  commission 
to  Bacon  as  commander  of  the  forces  against  the  Indians,  all  differ- 
ences were  quieted.  But  later  the  governor  refused  to  abide  by  the 
agreement,  and  withheld  the  promised  commission.  Bacon  hurriedly 
marched  his   troops  to  Jamestown,   surrounded   Berkeley  and  de- 


ernment 


\ 


EFFORTS  FOR  COMPROMISE 


I2T 


If  any  one  could  reconcile  the  conflicting  elements  in  Albe- 
marle, Shaftesbury  wisely  surmised  that  he  must  be  found 
among  those  who  were  in  favor  with  the  Assembly.  So 
having  appointed  Speaker  Eastchurch  governor,  he  procured 
Miller's  appointment  as  collector  of  customs,  for  Miller's 
cause  had  been  espoused  by  the  Assembly,  and  he  had  borne 
their  letters  to  the  Proprietors,  and  on  his  account  they  had 
imprisoned  and  deposed  John  Jenkins,  the  president  of  the 
council. 

A  year  had  elapsed  since  the  Assembly  had  by  the  deposi-  ^Jrcr 
tion  of  Jenkins  taken  the  administration  into  its  own  hands,  p*0^ 
and  still  the  Proprietors  did  not  hasten  to  interfere.  Shaftes- 
bury, now  grown  to  be  the  greatest  of  all  subjects,  had 
persistently  declined  the  overtures  of  the  king,  and  had 
resolutely  agitated  to  secure  safeguards  for  Protestantism 
and  liberty.  In  1677  a  mismove  led  to  his  arrest  and  im- 
prisonment in  the  Tower,  and  all  his  applications  for  a 
habeas  corpus  being  denied,  he  was  only  released  by  the 
king's  order  the  following  year. 


1677 


Government 


Eastchurch  deputizes  Miller 

The  new  governor  dallied  in  England,  and  it  was  not  until 
toward  June,  1677,  that  Eastchurch  and  Miller  departed  for 
Albemarle.  And  even  then,  instead  of  sailing  direct  for 
Virginia,  they  embarked  in  a  vessel  bound  for  the  island 
of  Nevis,  in  the  Caribbean  Sea.  There  Eastchurch  fell  in 
with  a  lady  of  attractive  person  and  with  a  considerable 

manded  the  fulfilment  of  the  promise.  The  governor  complied;  but 
shortly  afterward  revoked  the  commission  as  being  obtained  under 
compulsion,  and  raised  an  army  to  take  Bacon,  who  was  again  pro- 
claimed a  rebel.  In  September  the  contending  forces  met  at  James- 
town, and  Berkeley  was  routed  and  fled.  Bacon  thereupon  called  a 
new  Assembly.  But  on  the  first  day  of  October  he  fell  a  victim  to 
fever  contracted  in  the  trenches  of  Jamestown.  After  his  death 
Berkeley  soon  re-established  his  authority  and  terrorized  the  Vir- 
ginians by  his  unsparing  cruelties  and  excessive  executions.  On 
January  29th,  however,  Herbert  Jeffreys  arrived  from  England, 
bringing  a  commission  as  lieutenant-governor,  and  accompanied  by 
a  regiment  of  soldiers.  Berkeley  sailed  for  England  in  April,  and 
smarting  under  the  king's  disapprobation,  soon  after  his  arrival  died 
of  a  broken  heart. 


Eastchurch 
stops  at 
Nevis 


077 


122 


JENKINS  AND  MILLER,  1673-78 


1677 


C.  R.,  I, 

978, 293    . 
Miller 
arrives 
July,  1677 


Opposition 
to  the 
navigation 
laws 


fortune,  and,  remaining  to  pay  his  addresses,  commissioned 
Miller,  who  had  been  appointed  deputy,  to  be  president  of 
the  council,  and  despatched  him  in  advance  to  settle  affairs 
by  the  time  of  his  own  arrival. 

In  July  Miller  reached  Albemarle,  and  having  exhibited 
his  commissions,  was  quietly  admitted  into  his  various  offices 
and  assumed  the  reins  of  government.  All  the  inhabitants 
again  took  the  oath,  or,  being  Quakers,  subscribed  it,  of 
allegiance  to  the  king,  fidelity  to  the  Proprietors  and  sub- 
mission to  the  established  government.  The  Indians  being 
still  hostile,  Miller  during  the  summer  carried  on  a  cam- 
paign against  them,  and  eventually  they  were  overcome. 

As  collector  of  customs  Miller  appointed  deputies  in  every 
precinct,  among  them  Timothy  Biggs,  who  were  very  active 
in  collecting  the  export  tax  on  tobacco  and  in  seizing  any 
European  commodities  that  had  not  come  from  England; 
and,  indeed,  the  ship  Patience  was  seized  for  unlawfully 
bringing  in  such  goods. 

This  zealous  enforcement  of  these  odious  laws  again 
occasioned  discontent  among  the  inhabitants,  who  had  acqui- 
esced in  Valentine  Byrd's  easier  administration.  And  then 
it  began  to  be  rumored  that  Byrd  was  to  be  held  accountable 
for  great  sums  and  much  tobacco  that  he  ought  to  have  had 
in  possession,  as  well  because  of  what  he  had  collected  as 
because  of  what  he  had  failed  to  collect.  Such  demands 
interested  not  merely  Byrd,  but  all  exporters  of  tobacco 
who  had  profited  by  the  reduction  of  the  tax  to  a  farthing 
the  pound. 


c.  r.,  1, 

358, 286 


Durant  resolves  to  revolt 

Perhaps  it  was  because  of  this  probable  demand  that  the 
idea  of  revolt  had  suggested  itself  to  Durant,  whose  interest 
lay  in  not  disturbing  the  existing  situation.  He  being  in 
London  subsequent  to  the  appointment  of  Eastchurch  and 
Miller,  had  plainly  told  the  Proprietors  that  Eastchurch 
should  never  be  governor,  and  rather  than  that  he  would 
revolt.    Bold,  self-reliant,  and  masterful  must  have  been  that 


DURANT  BEGINS  THE  REVOLT  123 

untitled  woodsman   when   standing  face   to  face  with  the  ^3 

great  earl  and  the  other  powerful  noblemen  who  owned 
Carolina  he  had  warned  them  that  Eastchurch  should  never 
be  governor,  but  that  he  would  keep  him  out  by  force  and 
arms.  Whatever  principle  had  been  settled  in  England  by 
the  Restoration,  in  Albemarle  Durant  still  held  that  govern- 
ment should  be  by  consent  of  the  governed.  And  his  purpose 
to  revolt  against  Eastchurch's  administration  was  openly 
declared  in  Albemarle. 

Of  this  Miller  doubtless  had  timely  information,  and  his  U^SiSJ* 
arbitrary  measures  while  acting  as  governor  may  have  been  c.  rm  i, 
taken  because  of  it.  He  made  limitations  on  the  choice  of  t49♦■87 
assemblymen,  and  succeeded  in  having  himself  invested  with 
the  power  of  imposing  fines  at  his  own  pleasure.  Armed 
with  this  authority,  he  issued  warrants  to  have  some  of  the 
most  considerable  men  in  the  colony  brought  before  him 
dead  or  alive,  setting  a  price  upon  their  heads,  and  for  his 
own  protection  he  surrounded  himself  with  a  guard  of 
soldiers.  Such  desperate  measures  indicate  apprehension 
of  trouble;  and,  indeed,  as  they  were  reasonably  calculated 
to  excite  a  conflict,  Miller  must  have  considered  that  revolt 
was  imminent  and  that  the  better  way  to  meet  it  was  by 
resolution  and  a  show  of  force  rather  than  by  temporizing. 
Forewarned,  he  doubtless  thought  to  overawe  those  who  had 
not  already  attached  themselves  to  the  leaders  of  the  opposite 
faction  by  a  show  of  determined  conduct. 

On  December  1,  1677,  the  Carolina  came  into  port  from   Durant 
London  with  George  Durant  on  board,  who  found  Gilliam   AibemaJfe 
a  willing  ally  in  his  plans.     Gilliam  himself  had  a  grievance  c-R-*l'*>* 
against  some  of  the  Proprietors,  who  had  turned  him  out  of 
a  considerable  employment  in  Hudson's  Bay,  and  wished 
them  evil.     His  son  also  seems  to  have  had  a  vessel  plying 
from  Albemarle  to  New  England,  and  while  the  Carolina 
and  her  consorts  took  in  cargoes  for  London,  there  may  have 
been  illicit  traffic  to  which  all  the  shipmasters  were  parties.   DcCm  i677 
A  person  described  as  the  New  England  ambassador  had 
been  in  Albemarle,  and  rumors  were  set  afloat  to  inflame  the 


rebellion 


124        *  JENKINS  AND  MILLER,  1673-78 

lJ?Z  people.    It  does  not  appear  that  there  was  harbored  a  design 

to  throw  off  allegiance  to  the  king  or  to  deny  the  authority 
of  the  Lords  Proprietors,  but  rather  to  impede  the  enforce- 
ment of  the  navigation  acts  and  the  collection  of  the  tax 

TniEe*6  on  tobacco  shipped  to  New  England.  The  laws  relating  to 
trade  bore  hard  upon  them,  and  the  Revolutionists  proposed 
to  prevent  their  operation.  If  necessary  to  that  end,  they 
would  subvert  the  administration  and  set  up  a  government 
of  their  own,  and  thus  at  least  for  a  time  escape  from  the 
rule  of  those  who  would  enforce  the  regulations  that  bore 
so  heavily  upon  their  trade.  Such  appears  to  have  been 
the  purpose  of  the  confederates,  who  drew  into  their  meas- 
ures nearly  all  the  leading  inhabitants,  except  alone  the 
deputies  and  those  holding  employment  under  Miller.  The 
occasion  for  the  outbreak  followed  swift  upon  the  arrival 
of  the  Carolina.  That  ship  was  well  armed,  "a  pretty  vessel," 
carrying  several  cannon,  and  could  defy  any  force  Miller 
could  bring  against  her.  She  now  brought  in  a  cargo  com- 
posed in  part,  as  the  year  before,  of  arms  and  ammunition, 
swords  and  pistols  for  sale  to  the  farmers  of  Albemarle. 

The  crisis  arrives 

c.  R.,  1, 297  Coming  to  anchor  off  Captain  Crawford's  landing,  no 
sooner  had  Gilliam  gone  ashore  than  Miller  charged  him 
with  having  carried  off  his  last  cargo  of  tobacco  without 
paying  the  tax,  and  demanded  the  payment  now  of  a  thou- 
sand pounds.  Gilliam  refused  to  make  this  payment, 
alleging  that  the  tobacco  had  been  carried  to  London  and  the 
tax  was  paid  there.  He  was  at  once  arrested  and  his  papers 
seized;  and  Miller  having  thus  begun  his  proceedings, 
hastened  that  night  aboard  the  Carolina,  and  with  cocked 
pistols  sought  to  arrest  George  Durant,  charging  him  with 
treason.  This  step  precipitated  the  crisis.  It  led  at  once  to 
a  resolute  purpose  to  overthrow  the  administration.  The 
men  of  Albemarle,  trained  in  their  sequestered  homes  to 
prompt  action,  now  boldly  took  an  open  stand.  The  leader- 
ship was  conferred  on  John  Culpepper,  a  man  of  energy 


CULPEPPER  LEADS  THE  MOVEMENT  125 

and  enterprise,  and  the  movement  has  been  known  to  history  jjj 

as  the  "Culpepper  Rebellion."  A  report  was  quickly  spread 
abroad  that  Gilliam  was  about  to  depart  and  carry  all  his 
cargo  away,  and  the  inhabitants  would  lose  the  chance  of 
trading  with  him.  Such  a  misfortune,  it  was  declared,  con- 
cerned all  the  people,  and  to  prevent  it  a  revolution  was 
necessary. 

C  R    I  901 

Valentine  Byrd,  with  Culpepper  and  other  coadjutors,  im-     '   "  ' 
mediately  embodied  a  force  and  seized  the  person  of  Timothy 
Biggs,  deputy  collector  of  customs,  and  arrested  him  on  the 
charge  of  murder.    The  next  day  a  force  of  forty  armed  men  Rim  and 
seized  Miller  and  two  other  deputies  and  put  them  in  irons,  arrested 
charging  them  with  treason.    Culpepper,  who  is  said  to  have 
had  considerable  experience  in  insurrection  in  several  of  the 
colonies,  now  despatched  instructions  to   Richard  Foster, 
who,  although  one  of  the  council  and  a  deputy,  was  in 
alliance  with  the  confederates  to  arrest  Hudson,  the  deputy 
collector  in  Currituck,  and  to  seize  his  papers  and  bring 
him  to  George  Durant's  house.    And  a  proclamation,  called  TheR«non- 
the  Remonstrance  of  the  Inhabitants  of  Pasquotank,  was  Pasquotank 
on  the  same  day,  December  3d,  prepared  and  sent  to  the 
other  precincts,  setting  forth  their  justification  for  the  revolt. 
In  it  the  confederates  averred  that  the  occasion  of  securing 
the  records  and  imprisoning  the  president  was  that  thereby 
the  country  might  have  a  free  Parliament,  by  whom  their 
grievances  might  be  sent  home  to  the  Lords  Proprietors. 
Miller  they  charged  with  having  denied  a  free  election  and  £•£•  xpl  8 
with  cheating  the  country  out  of  one  hundred  and  thirty 
thousand  pounds  of  tobacco,  besides  the  expense  of  "near 
twenty  thousand  pounds  of  tobacco  he  had  brought  upon  us 
by  his  piping  guard,"  and  they  recited  his  conduct  toward 
Captain  Gilliam  and  Durant,  "and  many  other  injuries,  mis- 
chiefs and  grievances  he  hath  brought  upon  us,  that  thereby  c-R-*l'W 
an  inevitable  ruin  is  coming  upon  us   (unless  prevented), 
which  we  are  now  about  to  do ;  and  hope  and  expect  that 
you  will  join  with  us  therein  and  subscribe  this." 


CHAPTER  XI 

Administrations  of  Harvey,  Jenkins,  Wilkinson  and 
Sothel,  1679-89 

The  revolt  successful. — A  government  by  the  people. — Victory 
brings  moderation. — Quiet  succeeds  the  storm. — The  revolt  against 
arbitrary  power  and  the  navigation  acts. — The  Proprietors 
dilatory. — The  increase  of  Albemarle. — The  Proprietors  acquiesce. 
— Seth  Sothel  sent  to  govern. — John  Harvey  governor. — Miller 
flees. — Durant  dominant. — Biggs  retires  to  Virginia. — The  Quakers 
appeal  to  the  Proprietors  for  protection. — Harvey  dies;  suc- 
ceeded by  Jenkins. — Culpepper  tried,  but  acquitted. — Shaftesbury 
in  exile. — Albemarle  to  observe  the  law. — Wilkinson  governor. — 
Sothel  arrives. — John  Archdale  visits  Albemarle. — A  view  of  the 
situation. — Sothel  becomes  a  tyrant. — He  is  expelled. 

The  revolt  successful 

,677  The  Revolutionists,  having  appealed  to  the  country  for 

cr.,1,  support,  lost  no  time  in  dallying.  A  supply  of  arms  was 
Ma'  3°3  obtained  from  the  Carolina,  and  Culpepper  conducted  a  force 
to  Chowan,  where  he  seized  the  marshal  and  all  the  records  in 
his  possession. 
c.  r.,  i,agg  After  keeping  Miller  and  the  other  prisoners  about  a  fort- 
night at  Crawford's  house,  the  Revolutionists  proceeded  by 
water  to  George  Durant's,  being  accompanied  by  several 
boats  filled  with  armed  men.  As  they  passed  the  Carolina 
she,  with  all  her  flags  and  pennons  flying,  saluted  them  by 
firing  three  of  her  great  guns.  At  Durante  some  seventy 
men  had  assembled,  and  Foster,  with  an  additional  party, 
soon  arrived  with  their  prisoner  from  Currituck.  A  search 
was  now  made  for  the  seal  of  the  colony,  which  was  found, 
together  with  Miller's  commission  and  other  public  docu- 
ments, concealed  in  a  hogshead  of  tobacco.  Being  in  pos- 
session of  the  great  seal  and  of  the  public  records,  and  the 
old  officers  deposed  and  in  prison,  Durant,  Culpepper  and 
their  associates  proceeded  to  establish  a  government  and  to 
order  matters  their  own  way. 


Dec.,  1677 


EASTCHURCH  IN  VIRGINIA  127 

1677 
A  government  by  the  people  ~*~ 

An  Assembly  of  eighteen  members  was  elected,  which 
deputed  five  of  its  members  (John  Jenkins  and  Valentine 
Byrd  being  among  the  number)  to  sit  with  Foster,  one  of 
the  Proprietors'  deputies,  and  form  a  court  for  the  trial  of 
the  prisoners,  who  were  charged  with  treason.  A  grand 
jury  was  formed  and  a  petit  jury  was  being  summoned  when  c  R  x 
the  proceedings  were  interrupted  by  the  receipt  of  a  procla-  ■»*  ■w 
mation  issued  by  Governor  Eastchurch,  warning  them  to 
desist  and  return  to  their  homes.  Eastchurch  had  reached 
Virginia  eight  days  before,  and  on  learning  of  the  revolt, 
hastened  to  demand  that  the  Revolutionists  should  disperse 
and  be  obedient  to  lawful  authority.  The  trials  were  ad-  *  •»I»a«8 
journed  and  a  force  was  despatched  to  prevent  Eastchurch 
from  coming  into  Albemarle ;  and,  as  Durant  had  threatened, 
they  kept  him  out  by  force  of  arms.  Disappointed  and 
baffled,  Eastchurch  invoked  the  aid  of  the  governor  of  Vir- 
ginia, there  being  in  that  province  the  troops  sent  from 
England  to  suppress  Bacon's  Rebellion,  and  permission  was 
given  him  to  enlist  volunteers.  To  meet  this  new  danger  that 
threatened  them  the  Revolutionists  organized  a  larger  force, 
and  to  obtain  the  necessary  funds  seized  the  customs  money 
which  Miller  had  collected,  and  deposed  him  as  collector  and 
elected  Culpepper  in  his  stead,  following  a  precedent  that 
had  just  been  set  in  Virginia,  where  the  Assembly  elected  a 
collector  to  fill  a  vacancy.  But  while  collecting  recruits  and 
organizing  his  forces  Eastchurch  fell  ill  with  fever,  and 
within  a  month  died  in  Virginia.  With  his  death  all  appre-  c.  r.,  i,  ao* 
hension  of  immediate  interference  with  their  plans  passed 
away.  Durant  and  his  coadjutors  were  masters  of  Albe- 
marle. All  of  the  deputies  but  Foster  being  arrested,  and 
all  opposition  overcome,  the  Revolutionists  now  proceeded 
more  slowly  and  with  greater  caution. 

Their  success  had  been  obtained  by  boldness  and  resolu-   victory 

J  brings 

tion,  and  it  was  complete ;  but  looking  to  the  future,  they   moderation 
realized  that  their  situation  called  for  the  exercise  of  wisdom 


128  HARVEY  TO  SOTHEL,  1679-89 

2?  and  discretion.     The  interrupted  trials  were  not  resumed. 

Miller  was  conveyed  to  William  Jennings's  plantation  at  the 
upper  end  of  Pasquotank  River,  where  a  log  house  ten  feet 

c.  r.,  1, 300  SqUare  was  built  for  his  prison,  and  there  he  was  confined, 
not  being  allowed  either  writing  material  or  intercourse  with 
any  friend.  Similar  prisons  were  constructed  for  each  of 
the  other  prisoners,  and  precautions  were  taken  to  prevent 
any  of  them  communicating  with  England.  But  Biggs  con- 
trived to  escape,  and,  succeeding  in  his  efforts  to  reach  Vir- 
ginia, hastened  to  England.  To  counteract  his  representa- 
tions to  the  Proprietors,  the  Assembly  was  convened  and 
two  commissioners  were  despatched  to  explain  their  pro- 

sioircrt^cnt  ceedings  and  to  conciliate  the  Proprietors  by  promising  all 
ng  an  manner  0f  obedience  to  their  authority,  but  they  were  to 
enlarge  on  the  tyranny  of  Miller  and  to  insist  strongly  for 
right  against  him.  Chalmers  says  that  these  agents  were 
Culpepper  and  Holden,  but  apparently  he  is  in  error.  Some- 
what later  Holden,  who  had  been  in  England,  returning  to 
Virginia  stopped  in  Boston,  and  while  there  wrote  to  the  com- 
missioners of  customs  about  what  had  taken  place  in  Albe- 
marle, and  mentioned  that  he  had  never  seen  and  did  not 
know  Culpepper.  It  is  said  that  one  of  these  commissioners 
was  quickly  despatched,  Gilliam  providing  the  funds,  and 
that  the  other,  George  Durant,  was  to  sail  in  the  Carolina 
after  measures  to  insure  safety  were  perfected.  Shortly  after- 
ward they  were  both  together  in  London. 

a  f^1*283       *n  ^e  meanwhMe  there  was  established  in  Albemarle  what 

government  Culpepper  called  "the  government  of  the  country  by  their 
own  authority  and  according  to  their  own  model."  The 
people  had  at  last  a  free  Parliament.  Thomas  Cullen  was 
speaker,  and  among  the  members  were  John  Jenkins,  Alex- 
ander Lillington,  Thomas  Jarvis,  Henry  Bonner,  William 
Jennings,  Anthony  Slocumb,  John  Varnham,  William  Craw- 
ford, Richard  Sanders,  Patrick  White,  and  Valentine  Byrd, 
and  other  substantial  men.  Byrd's  career  was,  however, 
fast  drawing  to  a  close,  and  within  a  year  the  troubles  of 
Albemarle  had  ceased  for  him. 


REASONS  FOR  CULPEPPER'S  REVOLT  129 

Foster,  one  of  the  deputies,  and  the  assistants  chosen  by  ^7 

the  Assembly  to  act  with  the  deputies  in  forming  the  grand 
council,  were  co-operating  with  the  Revolutionists,  and  these, 
under  the  direction  of  Durant  and  Culpepper,  managed  the 
public  business.  While  Harvey  and  many  others  may  have 
been  inactive,  yet  it  does  not  appear  that  there  was  any 
substantial  opposition  to  the  revolt.  LVa'SSlw 

As  neither  the  king's  authority  nor  that  of  the  Proprietors  ^l?Ud 
was  denied,  the  Revolutionists  did  not  regard  themselves  as  Ik'nlai**" 
being  in  rebellion.  Indeed,  at  one  time,  when  some  of  the 
people  set  up  a  cry  that  they  would  have  no  lords  nor  land- 
graves nor  caciques,  the  leaders  quickly  hushed  them  and  told 
them  that  that  would  not  do.  They  justified  their  action 
on  the  claim  of  right  to  protect  themselves  from  the  arbi- 
trary exercise  of  power  by  Miller;  and  as  to  that,  the 
Proprietors  found  that  they  had  cause  for  their  action. 
But  before  Miller  came  as  deputy-governor  Durant  had 
declared  his  purpose  to  keep  Eastchurch  out,  and  he  took 
measures  in  preparation  for  the  revolt.  From  the  attending 
circumstances  it  reasonably  appears  that  the  original  purpose  pu 
was  to  escape  from  a  too  rigid  enforcement  of  the  navigation  the  revolt 
laws  and  custom  duties,  and  to  this  end  Culpepper  was 
chosen  collector.  The  annual  tax  on  tobacco  was  £3,000,  and 
that  was  the  stake  at  issue.  Indeed,  just  at  that  time  strenu- 
ous efforts  had  been  made  to  obtain  from  the  king  a  repeal 
of  this  export  duty.  And  while  Charles,  to  show  his  favor 
to  Carolina,  did  at  his  own  charge  send  two  vessels  to  con- 
vey some  foreign  Protestants  to  the  province,  and  remitted 
some  of  the  duties  and  restraints  of  trade,  and  might  have 
granted  this  particular  request,  he  was  persuaded  not  to  do 
so  by  his  commissioners  of  customs,  who  strongly  recom- 
mended against  it  because  they  foretold  the  exemption  asked 
for  would  occasion  abuses  more  easy  to  prevent  than  to 
abolish. 

Thus  the  outbreak  in  Albemarle  in  1677  was  of  the  same   Forerunner 

'  '  of  the 

color  and  similar  in  origin  to  the  outbreak  on  the  continent  Revolution 


130 


HARVEY  TO  SOT H EL,  1679-89 


1678 


Biggs 


The 

increase  of 
Albemarle 


Extent 
in  1677 


a  century  later,  which  in  the  course  of  its  progress  developed 
into  a  struggle  for  separation  and  independence. 

Therefore,  while  the  Revolutionists  established  courts  and 
held  parliaments  and  maintained  order  and  otherwise  carried 
on  the  functions  of  government,  his  Majesty's  customs  were 
not  collected  with  vigilance  and  exactness. 

Timothy  Biggs,  although  a  Quaker,  was  by  no  means 
submissive  to  his  opponents.  Indeed,  the  Quaker  faith  in 
its  early  days  did  not  have  the  exact  cast  that  it  subsequently 
assumed.  On  reaching  London,  he  sought  to  persuade  the 
Proprietors  to  put  down  the  Revolution  by  force.  In  par- 
ticular he  urged  that  a  ten-gun  vessel  could  not  be  resisted, 
and  that  sufficient  volunteers  could  be  obtained  in  Virginia 
to  rout  the  rebels.  But  the  Proprietors  were  not  of  his  mind. 
They  did  not  choose  to  engage  in  such  a  conflict.  Indeed, 
at  that  time  it  would  have  been  difficult  for  them  to  have 
subjugated  the  people  of  Albemarle  united  in  determined 
resistance. 

The  colony  had  grown.  The  tithables,  being  the  working 
hands  between  sixteen  and  sixty  years  of  age,  numbered 
fourteen  hundred,  of  whom,  however,  one-third  were  women 
and  negro  and  Indian  slaves.  Although  the  Proprietors  had 
bestowed  but  little  attention  on  Albemarle,  but  had  devoted 
their  efforts  to  promote  the  growth  of  their  new  town  on 
the  Ashley,  the  neglected  settlement  was  more  populous  and 
more  prosperous  than  the  southern  colony.  The  planters 
were  spread  out  from  the  Chowan  to  Currituck  Sound ;  and 
besides  a  superfluity  of  provisions,  of  grain  and  cattle,  their 
annual  crop  of  tobacco  was  800,000  pounds,  which  sufficed 
to  secure  the  needed  European  commodities.  And  the  dis- 
content was  general.  Perhaps  it  was  heightened  because  at 
this  time,  tobacco  being  very  low,  Virginia  by  act  of 
Assembly  undertook  to  prevent  the  Albemarle  crop  from 
being  marketed  through  her  ports,  and  prohibited  any  of  it 
from  being  brought  into  that  province.  A  measure  so 
unfriendly  was  exasperating.  Efforts  had  been  made  to 
establish  local  markets  at  different  points  on  the  Albemarle 


PEACE  FOLLOWS  STORM  131 

shores,  where  the  tobacco  could  be  taken  on  board  the  vessels  JJj; 

for  shipment,  and  the  Proprietors  had  given  directions  to 
lay  off  towns  at  Roanoke  Island  and  elsewhere,  but  all  such 
endeavors  to  establish  centres  of  trade  had  proved  futile. 
The  tobacco  was  loaded  at  the  farms  of  the  producers.  There 
were  no  villages  in  the  settlement.  The  public  business  was 
transacted  at  private  houses,  and  while  George  Durant's 
house  was  a  place  of  meeting,  yet  other  points  were  equally 
convenient.  There  was  no  locality  where  an  attack  by  an 
armed  force  could  have  availed  to  subdue  the  inhabitants. 
The  prudence  of  Durant  now  bore  its  fruits.  The  Pro- 
prietors rejected  the  proposal  of  the  warlike  Biggs,  and 
listening  to  the  commissioners  of  the  people,  took  the  other 
alternative.  They  sought  to  co-operate  with  the  inhabitants ; 
and  accepting  the  assurance  of  the  envoys  that  they  had 
no  purpose  to  antagonize  legitimate  authority,  made  efforts 
to  establish  order  and  government  at  Albemarle  on  a  firmer 
footing. 

While  remonstrating  and  threatening  that  they  would 
maintain  their  government  with  force,  if  need  be,  and  would  -^^ 
punish  to  the  extent  of  the  law  any  new  outbreak,  they  acquiesce 
declined  to  antagonize  the  revolutionary  leaders,  and  pur- 
sued the  wiser  and  better  way  of  preserving  friendly  relations 
with  their  colony.  Clarendon  was  now  dead,  and  his  share 
in  Carolina  had  been  purchased  by  Seth  Sothel,  who  at  that 
time  stood  well  in  the  esteem  of  the  other  Proprietors.  It 
was  thought  that  the  presence  of  a  Proprietor  would  invest 
the  administration  with  greater  dignity  and  tend  to  allay  the 
factional  strife  and  dissensions  that  had  been  involved  in  the 
course  of  the  Revolution.  The  commissioners  representing 
Durant  and  his  associates,  perhaps  glad  to  embrace  such  an 
easy  solution  of  their  difficulties,  promised  on  the  part  of 
the  people  the  utmost  submission  to  Sothel  if  he  should 
come  as  governor. 

And  so  it  was  arranged  that  he  should  be  the  new  gov- 
ernor; and,  the  more  certainly  to  remove  former  difficulties, 
the  Proprietors  had  Miller's  commission  as  collector  of  cus- 


132  HARVEY  TO  SOTHEL,  1679-89 

l%2  toms  revoked,  and  Sothel  was  appointed  to  succeed  him. 

He  early  sailed  for  his  new  government,  but  misfortune 

oKptwLd  befell  him  during  the  voyage.  The  Algerines,  whose  pirati- 
cal crafts  were  then  scouring  the  seas  near  the  Mediterranean, 
overhauled  his  vessel  and  took  him  prisoner.  Efforts  were 
at  once  made  to  secure  his  release  by  ransom,  but  for  a  time 
they  were  in  vain. 

John  Harvey  governor 

x6*9  The  Proprietors,  to  establish  a  temporary  government,  in 

February,  1679,  appointed  John  Harvey  governor  until 
Sothel  should  be  released,  and  obtained  for  Robert  Holden 
the  appointment  of  collector,  at  the  same  time  appointing 
him  a  deputy  and  conferring  on  him  a  commission  to  make 
an  extensive  exploration  of  Carolina  to  the  mountains. 
Holden  had  been  a  follower  of  Bacon  in  the  Virginia  rebel- 
lion, but  was  pardoned  and  was  then  in  England.  In  June 
he  reached  Boston,  bearing  the  commissions  for  Harvey  and 
for  the  other  deputies.  There  he  remained  ten  days  exam- 
ining into  the  methods  of  the  New  England  traders,  and  he 
reported  that  a  half  dozen  traders  controlled  all  the  tobacco  ( 
raised  at  Albemarle,  brought  it  to  Boston,  whence  it  was 
shipped  as  bait  and  illegally  conveyed  to  Europe,  and  the 
king's  customs  were  defrauded.  A  few  weeks  later  he 
arrived  at  Albemarle,  followed  fast  by  Timothy  Biggs,  who 
resumed  his  functions  as  surveyor  of  the  customs. 

Miller  flees  In  August  Harvey  was  acting  as  governor,  and  at  a  Pala- 
tine's Court  held  by  him,  on  affidavits  covering  the  charges 
against  Miller  by  Jenkins  in  1675,  the  deposed  collector  was 
again  arrested,  but  broke  jail  and  made  good  his  escape  to 
England.  The  old  deputies  had  been  reappointed,  and  the 
council  and  courts  were  substantially  composed  of  the  same 
members  as  under  Miller's  administration.  Associated  with 
the  council  to  form  the  general  court,  Crawford,  Blount,  and 
Varnham  were  assistants  chosen  by  the  Assembly,  being  the 
same  assistants  elected  before  the  outbreak  in  1676.  And 
these  were  members  of  the  Revolutionary  Assembly  chosen 


DURANT  IN  THE  ASCENDANT  133 

at  Durant's  house  when  Miller  was  deposed.    Harvey,  the  lj£ 

governor,  had  not  been  an  active  participant  on  either  side ; 
but  that  he  was  not  unfriendly  with  the  Revolutionists  is  indi- 
cated by  his  appointment  of  George  Durant  and  Alexander 
Lillington  as  justices  for  the  precinct  of  Berkeley,  with 
authority  to  hold  the  precinct  court,  which,  besides  a  civil, 
had  a  criminal  jurisdiction  attached  to  it. 

George  Durant  was  now  the  attorney-general,  and  con-  Durant 
tinued  to  be  the  most  influential  person  in  the  colony;  and  cTrUT!^ 
as  the  Proprietors  had  condoned  the  excesses  of  the  Revo- 
lutionists, he  felt  his  power,  and  his  enemies  dreaded  it. 
Biggs,  as  Miller's  deputy  collector  and  zealous  supporter, 
had  been  an  object  of  especial  malevolence ;  and,  moreover, 
there  was  probably  some  personal  ill-will  between  him  and 
Durant,  growing  out  of  Catchmaid's  taking  a  patent  in  1662 
for  Durant's  premises ;  for  although  Catchmaid  had  entered 
into  an  agreement  to  convey  to  Durant,  he  had  never  done  so, 
but  the  legal  title  had  under  his  will  vested  in  the  widow, 
and  on  her  marriage  to  Biggs,  although  he  and  Durant  had 
come  to  an  accounting,  the  matter  was  not  cloced. 

Biggs  was  tenacious  of  his  rights,  a  man  of  stubborn  Biggs 
obstinacy,  who  realized  his  own  importance  as  a  king's  Virginia 
officer,  and  he  was  fully  satisfied  with  the  honesty  of  his  own 
purposes  and  of  the  dishonest  purposes  of  the  leaders  of 
the  Revolution.  Smarting  under  a  sense  of  the  injuries  and 
wrong  he  had  suffered,  for  which  the  Proprietors  had  pro- 
vided no  redress,  he  declined  to  be  complacent  toward  the 
new  administration.  Harvey  having  shown  favor  to  Durant 
and  his  coadjutors,  whose  influence  was  still  dominant  in 
Albemarle,  Biggs  persuaded  some  of  the  other  deputies  to 
join  him  in  withdrawing  from  the  council,  sought  to  inter- 
fere with  the  orderly  collection  of  the  customs  by  Holden 
and  prevailed  on  a  number  of  his  Quaker  adherents  to  leave 
the  colony  and  seek  refuge  in  Virginia. 

In  the  early  days  of  the  Revolution  the  Quakers  had  sided  Q»^n  . 

J  J  **~  appeal  tothe 

with  Biggs  and  James  Hill,  who  were  deputies  and  the  most   Proprietors 
considerable  men  of  their  faith.     Being  called  on  to  join  the  p^^um 


134  HARVEY  TO  SOTHEL,  1679-89 

'J5?  people  in  revolt,  they  had  refused.     Thereupon  they  were 

c.  r.,  i,  a5a  required  to  surrender  their  guns ;  and  when  they  held  their 
religious  meetings  it  was  alleged  that  they  were  plotting 
against  the  revolutionary  government.  Their  numbers  had 
increased  considerably,  not  merely  by  conversion  in  Albe- 
marle, but  probably  by  accessions  from  abroad.  In  1676 
Edmundson,  who  had  again  visited  the  colony  in  that  year, 
wrote  in  his  journal  concerning  them:  "The  people  were 
tender  and  loving;  and  there  was  no  room  for  the  priests, 
for  Friends  were  finely  settled,  and  I  left  things  well  among 
them/'  When  Harvey's  administration  began,  and  the  gov- 
ernment, instead  of  being  under  the  influence  of  Biggs,  as 
they  had  hoped,  was  seen  to  be  controlled  by  the  popular 
faction,  their  disappointment  was  great,  and  entertaining 
apprehensions  for  their  personal  safety,  they  were  led  to 
«mo?-uaker  abandon  their  homes.  In  September,  1679,  a  number  of 
»trancefx679  them  joined  in  a  remonstrance  to  the  Lords  Proprietors, 
setting  forth  their  innocence  of  any  turmoil  and  trouble  and 
vindicating  themselves  from  aspersion.  They  declared  that 
"these  persons  by  whom  we  have  suffered  are  still  breathing 
forth  their  threats  against  us ;  they  having  received  an  act  of 
grace  and  indemnity,  as  they  call  it.  And  now  that  the  heads 
of  that  sedition  are  elected  to  sit  in  Parliament,  and  some 
of  them  are  of  the  court,  and  so  consequently  to  become  our 
judges,  we  shall  be  the  objects  for  them  to  execute  their 
vengeance  upon ;"  and  they  appealed  to  the  Proprietors  for 
protection. 

John  Jenkins  succeeds  Harvey  as  governor 

The  Proprietors  sought  to  compose  these  differences 
among  the  inhabitants  of  their  province,  and  while  allowing 
to  the  dominant  faction  the  powers  of  government,  required 
that  the  minority  should  be  protected  from  ill-usage.  In  the 
appointment  of  Harvey  they  seem  to  have  chosen  wisely, 
and  after  the  first  ebullition  of  dissatisfaction  by  the  adherents 
of  Biggs  and  Miller  had  subsided  the  administration  seems 
to  have  been  guided  into  calmer  waters ;  but  Harvey  was  not 


CULPEPPER  TRIED  FOR  TREASON  135 

destined  to  see  the  full  fruition  of  his  efforts  to  adjust  differ-  ^2 

ences.    After  a  term  of  six  months  he  died  in  office,  and  the 
council  elected  John  Jenkins  to  be  governor  in  his  stead,  Harveyd»« 
Jenkins  being  in  office  in   February.     But  the  change  in 
administration  produced  no  alteration  in  policy,  and  quiet 
continued  to  prevail  while  Jenkins  was  governor. 

Miller  having  made  good  his  escape,  on  reaching  England  Cuip*pp€r 
laid  his  case  before  the  commissioners  of  customs,  and  pro- 
ceedings were  had  that  resulted  in  the  arrest,  in  February, 
1680,  of  Culpepper,  who  at  that  time  was  in  England,  on 
the  charge  of  rebellion  and  of  embezzling  the  customs.  Cul- 
pepper admitted  the  facts  alleged  against  him,  but  prayed 
for  a  pardon ;  and  if  not  pardoned,  he  desired  to  be  tried  in 
Carolina.  His  requests  were  not  granted,  and  he  was 
arraigned  and  was  on  trial  for  treason  when  Shaftesbury 
appeared  as  a  witness  and  declared  that  at  the  time  of  the 
Revolution  there  was  no  legal  government  in  Albemarle; 
that  neither  the  governor  nor  the  government  was  legal 
according  to  the  Constitutions  of  Carolina ;  and  that  taking 
arms  against  them  could  not  be  treason ;  and  that  the  Par- 
liament elected  by  the  people  was  legal,  the  people  having 
a  right  to  choose  a  Parliament  every  two  years  of  their  own 
motion  and  without  any  writ ;  and  that  the  disorder  in  Albe- 
marle was  not  treason,  but  a  mere  riot.  And  so  on  Shaftes-  c  R-  '.33* 
bury's  testimony  that  Miller  had  obtained  possession  of  the 
government  without  legal  authority,  and  that  it  was  not 
rebellion  in  the  people  to  dispossess  him,  Culpepper  was 
acquitted  by  the  jury. 


1680 


Shaftesbury  in  exile 

This  was  about  the  last  appearance  of  Shaftesbury  in  con- 
nection with  the  affairs  of  Carolina.  In  1679  he  had  attained 
the  zenith  of  his  great  career.  His  unswerving  purpose  had 
been  to  obtain  security  for  Protestantism  and  constitutional 
liberty,  and  he  became  the  head  of  a  strong  party  devoted 
to  those  objects.  In  order  to  check  the  growth  of  Catholic 
influences,  he  had  made  strenuous  endeavors  to  have  the 


136  HARVEY  TO  SOTHEL,  1679-89 

Jj%Z  queen  removed  from  court,  and  to  have  James,  Duke  of 

York,  the  king's  brother,  dismissed  from  the  council  and 
excluded  from  the  succession,  and  the  Duke  of  Monmouth, 
a  Protestant,  declared  legitimate  so  that  he  would  succeed 
to  the  throne.  In  these  efforts  he  failed ;  but  he  succeeded  in 
forcing  through  Parliament  the  Habeas  Corpus  Act,  which 
required  immediate  action  on  the  part  of  any  judge  to  whom 
an  application  for  the  writ  might  be  made — since  become  the 
very  palladium  of  Anglo-Saxon  freedom.  An  election  for 
Parliament  occurring  in  1 681,  he  prepared  instructions  to  be 
handed  by  the  constituencies  to  their  representatives,  insist- 
ing on  the  exclusion  of  James,  the  limitation  of  prerogative, 
and  security  against  popery  and  arbitrary  power;  and  he 
again  appealed  to  the  king  to  legitimatize  Monmouth.  But 
the  king  instead  seized  him  and  committed  him  to  the  Tower. 
In  October  he  offered  to  retire  to  Carolina  if  released. 
Charles,  however,  was  relentless,  and  had  him  indicted  for 
high  treason ;  but  the  grand  jury  ignored  the  bill.  Charles, 
still  bent  on  his  destruction,  managed  to  secure  the  appoint- 
ment of  men  of  his  own  selection  as  sheriffs  of  London, 
and  these  picked  the  jurymen.  Shaftesbury  at  length  realized 
that  he  could  not  escape  the  vengeance  of  his  enemies  and 
fled  in  disguise  to  Holland,  where  he  died  in  January,  1683. 

Henry  Wilkinson  governor 
to  observe  Although  Albemarle  was  now  in  repose,  the  Crown  con- 
tinued to  complain  of  the  seizure  of  the  customs  funds  and 
the  non-observance  of  the  navigation  acts.  So  the  Pro- 
prietors agreed  that  steps  should  be  taken  to  ascertain  how 
much  Miller's  estate  had  been  damaged  and  also  promised 
that  there  should  be  an  efficient  government  maintained  in 
Albemarle;  and  particularly  that  the  customs  laws  should 
not  be  evaded. 

In  February,  1681,  the  Proprietors  appointed  Captain 
Henry  Wilkinson,  then  in  London,  governor  of  Albemarle/ 
and  gave  him  instructions  to  choose,  with  the  consent  of 
the  council,   four  able,  judicious  men   who  had   not  been 


the  laws 


THE  PROPRIETORS  CONCILIATE  137 

concerned  in  the  late  disorders,  who  with  him  should  be  ^ 

a  court  to  try  all  disputes  growing  out  of  these  troubles; 
and  he  was  also  directed  to  ascertain  the  damages  suffered 
by  the  king's  officers ;  and  in  his  instructions  there  was  power 
conferred  on  the  council  to  elect  a  governor  should  he  die 
in  office.  Sir  William  Berkeley  having  died,  the  Proprietors 
directed  Governor  Wilkinson  not  to  admit  any  deputies  for 
that  share,  they  claiming  that  as  Berkeley  had  not  conveyed 
it  in  his  lifetime,  it  devolved  to  his  associates,  and  they 
asserted  that  Sir  William  had  never  paid  a  penny  toward 
the  settlement  of  Carolina.  Later,  however,  four  of  them —  ™" o'thi"" 
Albemarle,  Craven,  Carteret,  and  Colleton — purchased  the  sharc8 
right  of  Sir  William's  widow,  then  the  wife  of  Colonel 
Philip  Ludwell,  paying  him  £300  for  it,  and  had  it  conveyed 
to  Thomas  Amy  in  trust  for  them.  In  1686  it  appears  that 
Thomas  Archdale,  a  minor  son  of  John  Archdale,  had  the 
title  to  Lord  John  Berkeley's  share ;  Amy  to  Sir  William's, 
and  Sothel  to  Clarendon's;  and  Sir  Peter  Colleton  was  the 
Palatine.  Wilkinson  had  been  selected  as  governor  because 
of  his  reputation  for  prudence,  which  led  to  a  hope  that  he 
would  be  able  to  reconcile  conflicting  interests  in  Albemarle.* 
The  Proprietors,  who  were  men  of  affairs,  realized  that  the  The 

*  '  moderate 

inhabitants  of  Albemarle  had  the  purpose  to  manage  their  gj|jc)fi°tflhe 
own  concerns,  and  although  they  recognized  the  duty  of 
protecting  their  officers  and  deputies  who  had  striven  to 
maintain  their  authority  and  to  enforce  the  king's  mandates,  C2,8R,,21, 
yet  they  considered  it  was  best  to  pursue  a  conciliatory  course 
rather  than  one  of  exasperation.  Efforts  were  made  to  heal 
existing  dissensions.  An  act  of  oblivion  was  passed,  but 
with  a  saving  clause  in  regard  to  the  payment  of  the  money 
that  ought  to  have  been  collected  for  the  king  and  to  make 
satisfaction  for  the  injuries  sustained  by  Miller,  whose  prop- 
erty had  been  seized  and  destroyed ;  and  the  Assembly  levied 
a  tax  to  repay  the  customs  money  they  had  seized  and  used 
to  carry  on  the  Revolution.     On  the  governor  and  council 

♦Wilkinson  on  his  appointment  was  created  a  cacique. 


138  HARVEY  TO  SOTHEL,  1679-89 

l*l  the  Proprietors  urged  moderation.    "We  hope,"  they  said, 

"your  own  interest,  as  well  as  our  injunction,  will  induce  you 
to  use  your  utmost  endeavors  to  settle  order  among  your- 
selves, without  which  you  can  never  expect  an  increase  of 

C.R.,  i,«83  trade  or  strength.  And  these  considerations  ought  so  far 
to  prevail  that  we  shall  not  be  constrained  to  use  force  to 
reduce  the  seditious  to  reason,  since  it  is  the  good  of  the 
inhabitants  we  most  desire  and  not  the  taking  away  of  any 
man's  life  and  estate/' 

Sothcl  arrives 

But  little,  however,  had  been  done  toward  redressing  the 
injuries  of  those  who  suffered  in  their  estates  during  the 
Revolution  when  Wilkinson's  administration  suddenly  closed. 
Seth  Sothel,  after  a  long  detention  by  the  Turks,  had  been 
.  r.,  il346  ransomed,  an(j  after  a  sojourn  in  England,  in  1683  he  sailed 
for  Albemarle  and  assumed  the  government.  Blank  depu- 
tations had  been  signed  to  be  filled  out  by  him  with  the 
names  of  persons  unconcerned  in  former  differences;  and 
he  was  instructed,  with  the  consent  of  the  council,  to  appoint 
three  discreet  persons  not  concerned  in  the  disorders  to  form 
a  court  to  try  all  actions  growing  out  of  those  disturbances. 
But  instead,  he  appointed,  according  to  the  complaint  of 
Timothy  Biggs,  the  very  persons  who  had  injured  that 
unpopular  official,  and  Biggs  alleged  that  he  could  obtain 
no  redress. 
Archdaie  John  Archdale,  one  of  the  Proprietors,  perhaps  in  right 

Albemarle  0f  his  son,  a  man  of  education  and  of  fine  character,  who, 
like  Penn  and  other  men  of  capacity,  wealth;  and  social  stand- 
ing, had  accepted  the  faith  of  George  Fox,  wras  then  in 
Albemarle,  and  Sothel  was  instructed  to  confer  with  him 
3SCV35I1,  about  making  these  appointments.  He  was  also  directed  to 
establish  a  county  court  for  Albemarle,  and  to  appoint  a 
sheriff  who  should  hold  the  court  as  under  the  Fundamental 
Constitutions,  a  court  of  criminal  jurisdiction.  At  that  time, 
also,  a  receiver  was  appointed  to  collect  the  rents  for  the 
Proprietors,  the  governor  himself  having  before  that  been 


NAMES  OF  PRECINCTS  CHANGED  139 

charged  with  the  duty  of  collecting  them.    And  among  other  ^Jj 

changes   that  occurred  about  this  time,   1684,  the  names  Jf;^,, 
of  the  precincts  were  changed  to  Currituck,   Pasquotank,  state8*0* 
Perquimans,  and  Chowan.*     Even  at  that  early  date  some 
complaint  was  made  against  Sothel  that  he  engrossed  to 
himself  the  perquisites  of  the  secretary  and  other  inferior 
officers;  and  Colonel  Ludwell,  who  owned  a  plantation  in  c. r.,i, 
Albemarle,  complained  that  it  was  withheld  from  him  by 
Sothel  on  the  pretence  that  it  was  forfeited. 

In  1686  Sothel  was  out  of  Albemarle,  and  John  Archdale  a  view 
seems  to  have  been  conducting  the  administration.     One  situation 
of  Archdale's  letters  gives  a  slight  view  of  the  colony  at 
that  time.    "For  the  present,"  he  writes,  "we  have  not  imme-  Hawk*  11, 
diate  opportunities  to  send  to  England,  by  reason  there  is  no 
settled  trade  thither.     .     .     .     The  country  produces  plenti- 
fully all  things  necessary  for  the  life  of  man.     .     .     .     We 
at  present  have  peace  with  all  nations  of  the  Indians."    The 
Tuscarora  king  was  very  desirous  to  cut  off  a  nation  of 
Indians  called   the   Matchapungoes,   which   Archdale   pre- 
vented, and  he  hoped  that  he  would  have  the  country  at 
peace  with  all  the  Indians  and  with  one  another;  but  the 
people  were  very  fearful  of  falling  into  some  troubles  again 
should  he  leave  them  before  the  return  of  Sothel,  and  there- 
fore he  was  remaining  beyond  his  intention. 

It  was  about  this  time  also  that  the  Coranines,  a  bloody 
and  barbarous  tribe,  were  cut  off  by  a  neighboring  nation, 
and  that  the  Pamlico  Indians  fell  victims  to  some  dreadful 
plague,  which  opened  the  way  for  a  settlement  south  of 
Albemarle  Sound. 

On  the  death  of  Charles  II,  in  1685,  his  successor,  King  Jhhaertcr$ 
James,  at  first  made  promises  of  protecting  the  charters  of  threatened 
the  colonists,  but  soon  steps  were  taken  to  bring  them  more 
immediately  under  the  control  of  the  Crown.     Proceedings 
were  begun  to  annul  most  of  the  Proprietary  grants.    The 
Proprietors  of  Carolina  wisely  avoided  any  controversy,  and 

♦The  precincts  bore  their  old  names  in  1680. 


i4o  HARVEY  TO  SOT H EL,  1679-89 

ljf*  their  charter  was  not  disturbed.     Sothel  seems  to  have  gov- 

erned acceptably  to  the  people,  although  not  observing  his 
instructions,  until  after  Archdale  left  for  England.  Then 
he  entered  on  a  career  that  has  been  described  as  infamous. 

b££mes  a     Being  a  Proprietor,  he  assumed  to  be  above  the  law.    He 

tyrant  seized  upon  the  estates  of  some  of  the  inhabitants  without 

any  process  from  the  courts,  and  arbitrarily  imprisoned  some 
of  the  people.  He  used  his  authority  to  fill  his  purse, 
imprisoning  men  illegally  and  releasing  them  on  the  pay- 
ment of  money. 

c.  r.,  1, 169  Thomas  Pollock  and  George  Durant  became  victims. 
Durant  was  charged  with  speaking  words  reflecting  on  him, 
was  seized  and  thrown  into  prison,  and  as  the  price  of  his 
release  Sothel  exacted  a  bond  for  the  payment  of  a  sum 
of  money,  which  not  being  paid,  he  seized  on  Durant's  estate 

?pw**  him  without  process  of  law.  That  was  more  than  Durant  would 
stand.  The  point  of  endurance  was  passed.  The  revolution 
of  1688,  by  which  the  people  of  England  had  driven  King 
James  from  the  throne,  doubtless  had  its  influence  in  deter- 
mining the  action  in  Albemarle.  Durant  and  Pollock 
rose  to  right  their  wrongs.  They  seized  the  governor  and 
confined  him  in  a  log  prison  ten  feet  square,  'intending  to 
send  him  to  England  for  trial.  But  Sothel  sought  to  avoid 
that.  He  entreated  them  instead  to  submit  his  case  to  the 
General  Assembly.  This  assented  to,  an  Assembly  was  con- 
vened in  1689,  and  he  was  tried  and  convicted  of  many  mean 
and  despicable  crimes,  and  of  oppression,  tyranny,  extor- 
tion, and  taking  bribes.  The  solemn  judgment  passed  on 
him  was  that  he  should  abjure  the  country  for  twelve  months 

impeached     and  his  government  forever.     On  receiving  information  of 

1689  these  proceedings,  the  Proprietors,  in  December,  1689,  sus- 

pended  him   from   the   office   of   governor    and    appointed 

Ludweii        Colonel  Philip  Ludwell  to  succeed  him.     On  leaving:  Albe- 

go vera  or  of  *  & 

North  marie  Sothel  went  to  Charleston  and  assumed  the  reins  of 

Carolina, 

1689  government  as  a  Proprietor,  but  fell  into  such  courses  there 

that  he  was  deposed  by  the  Proprietors  and  instructed  to 
return  to  London. 


CHAPTER  XII 

Administrations  of  Ludwell,  Jarvis,  Archdale,  Harvey 
and  Walker,  1689-1704 

Philip  Ludwell,  governor  of  North  Carolina. — Gibbs's  claim. — 
Thomas  Jarvis  appointed  deputy. — Ludwell  governor  of  all  Caro- 
lina.— His  instructions. — Changes  in  the  system. — Conditions  in  Al- 
bemarle.— Proprietors  prepare  rent  roll. — Ludwell  gives  effect  to  the 
Great  Deed. — Thomas  Harvey  deputy-governor. — John  Archdale 
governor  of  Carolina. — The  arrival  of  the  Huguenots. — Erection  of 
Bath  County. — The  line  between  Carolina  and  Virginia  in  dispute. — 
Pirates  harbor  in  all  the  colonies. — Parliament  directs  that  gov- 
ernors should  be  approved  by  the  king. — Henderson  Walker  gov- 
ernor.— Changes  in  Albemarle. 

North  Carolina:  Ludwell  governor 

The  inhabitants  of  Albemarle  were  now  extending  the  ^2 

settlement  to  the  west  and  south.  The  limits  of  the  county 
had  been  defined  by  the  sound  and  five  miles  beyond,  and 
the  time  had  come  for  an  extension.  The  two  settlements  c-  Rm  t»  357 
at  Charleston*  and  at  Albemarle  were  spoken  of  as  South 
Carolina  and  North  Carolina.  Albemarle  was  called  North 
Carolina  by  the  Virginia  council  in  1688,  and  in  commission- 
ing Governor  Ludwell,  December  5,  1689,  the  Proprietors  c.  r.,  1,360 
appointed  him  "governor  of  that  part  of  the  province  lying 
north  and  east  of  the  Cape  Fear."    No  longer  was  there  to  Aibcmarie 

1  ...  nivcs  place 

be  a  governor  of  Albemarle ;  but  the  province  was  divided  £  No.rth 
into  two  governments,  the  one  north  and  east  of  the  Cape 
Fear  and  the  other  south  and  west  of  that  river.  Ludwell 
was  the  first  governor  of  North  Carolina.  In  his  instructions 
he  was  authorized  to  appoint  a  deputy-governor,  and  he 
appointed  Thomas  Jarvis,  who  had  been  one  of  the  first 
seaters,  about  1659,  to  act  as  his  deputy.  c  r  1    6 

But  the  administration  was  disturbed  bv  the  claim  of  Cap-   ..... 
tain  John  Gibbs,  of  Currituck,  who  on  June  2,  1600,  issued  claims  the 

J  '  J  '  government 

a  proclamation  declaring  Ludwell  to  be  an  impostor,  and 
*Charlestown  on  the  Ashley  was  incorporated  as  Charleston  in  1783. 


142 


LUDWELL  TO   WALKER,  1689-1704 


!*f  challenging  any  one  who  would  maintain  Ludwell's  title  to 

meet  him  in  single  combat,  and  promising  to  "fight  him  in 

c.  r.,i,  3*3  thjs  cause  as  iong  as  my  eyelids  shall  wag."  He  also  with  a 
body  of  armed  men  invaded  Albemarle,  and  broke  up  the 
courts  and  seized  two  of  the  magistrates  and  carried  them 
off.  His  claim  to  be  governor  perhaps  grew  out  of  an 
election  by  the  council  after  the  removal  of  Sothel  by  the 
Assembly,  for  he  invited  the  new  deputies  appointed  by  the 
Proprietors  to  meet  with  him  along  with  the  other  council- 
men  chosen  by  the  Assembly.  His  position  was  so  strong  that 
Governor  Ludwell,  who  was  in  Virginia,  represented  to  Gov- 
ernor Nicholson  of  that  province  the  desirability  of  his  inter- 
vention, and  a  month  later  Nicholson  reported  to  the  Crown 
officers  at  home  that  he  had  quieted  the  stirs  in  Carolina  for 
the  present,  but  that  the  people  were  mutinous,  and  how  long 
they  would  remain  quiet  was  uncertain.  In  the  meantime, 
both  Ludwell  and  Gibbs  repaired  to  London  to  have  the 
Proprietors  determine  their  claims,  and  Gibbs  lost  his  cause. 


MSS. 
Records 
Office 
Sec.  State 


C.  R.,  I, 

373-38o»  381 


Changes  in 
the  system 


Thomas  Jarvis  deputy  governor 

In  the  interim,  between  November,  1690,  and  Novem- 
ber, 1691,  Thomas  Jarvis  was  acting  as  governor  by  appoint- 
ment of  Ludwell.  In  November,  1691,  Craven,  as  Palatine, 
appointed  Colonel  Ludwell  governor  of  all  Carolina,  with 
power  to  appoint  a  deputy-governor  for  North  Carolina,  and 
instructions  were  sent  him  not  based  on  the  Fundamental 
Constitutions,  but  'suitable  to  our  charter  from  the  Crown." 
The  Fundamental  Constitutions  were  largely  abandoned.  It 
was  contemplated  to  have  but  a  single  parliament  for  the  en- 
tire province,  the  representatives  from  Albemarle  County 
meeting  with  those  of  the  southern  counties,  such  being  the 
wording  of  the  charter;  but  that  being  impracticable,  the 
system  of  government  in  Albemarle  was  not  thus  altered. 

Theretofore  a  governor  had  been  appointed  by  the  Pro- 
prietors for  the  northern  colony;  now,  however,  the  gov- 
ernor of  Carolina  was  authorized  to  appoint  a  deputy-gov- 
ernor for  the  northern  as  well  as  for  the  southern  colony. 


THE  TWO  CAROLINAS  143 

Another  change  made  under  his  instructions  was  that  the  ^ 

Assembly  no  longer  elected  five  commoners  to  sit  in  the  coun- 
cil, but  the  council  was  to  be  composed  merely  of  the  gover- 
nor and  deputies.  The  governor  and  council  were  to  establish 
courts  and  appoint  the  judges  to  hold  them,  the  council  itself 
being  a  court  of  appeals  and  of  chancery,  and  also  a  Pala- 
tine's Court.  The  former  title  had  been  the  grand  council, 
held  by  "the  governor  and  lords  deputies  and  the  rest  of  the 
members  of  the  council  of  state."    A  new  court  system  was  New  court 

J  system 

under  these  instructions  established,  and  two  of  the  council 
and  some  particular  assistants  were  appointed  to  hold  a  gen- 
eral court ;  while  the  precinct  courts  continued  to  be  held  by 
the  justices  and  the  sheriff  of  the  precincts.  Somewhat  later 
a  change  was  made  in  the  general  court,  and  justices  were 
appointed  and  commissioned  to  hold  that  court,  being  sworn 
in  by  the  governor. 

In  their  public  instructions  the  Proprietors  preserved  the  c- R- 1. 381 
appearance  of  adhering  to  the  Grand  Model,  but  by  private  Influencc  of 
directions  they  allowed  Governor  Ludwell  to  ignore  it  in  JtScSilS*1 
many  particulars.     In  Albemarle  the  changes  introduced  in  JJSSii 
attempting  to  conform  to  it  had  been  neither  disagreeable 
to  the  people  nor  oppressive  in  their  consequences.    While 
in  some  measure  the  framework  of  the  administration  was 
based  on  the  system,  its  more  peculiar  features  were  entirely 
ignored.     It  mattered  little  thjat  the  governor  and  council 
should  be  called  the  Palatine's  Court ;  that  the  grants  should 
be  issued  in  the  name  of  the  Palatine  and  the  other  Lords 
Proprietors,  an  innocent  innovation  that  continued  until  the 
purchase  by  the  Crown  in  1729,  and  generally  the  people 
of  Albemarle  were  content.    In  South  Carolina  the  situation 
was  different.     There   the  Proprietors  had  spent  a  large 
amount  of  money  in  fostering  the  settlement,  had,  pursuant 
to  their  chartered  powers,  created  landgraves  and  caciques, 
and  efforts  had  been  made  to  enforce  some  of  the  particular  Influence  of 
provisions  of  the  Fundamental  Constitutions  that  were  seri-   MfeK£nnd 
ously  objected  to  by  the  inhabitants,  whose  dissensions  and  Carolina 
violent  proceedings  caused  the  Proprietors  more  trouble  and 


144  LUDWELL  TO  WALKER,  1689-1704 

'foa  anxiety  by  far  than  the  alleged  turbulence  of  Albemarle; 

and  to  smooth  over  matters,  Ludwell  was  directed  to  con- 
sult the  wishes  of  the  inhabitants  in  conducting  the  govern- 
ment at  Charleston. 
Harvey,  Having  authority   to  appoint  a  deputy   for  Albemarle, 

gweroor  Ludwell  at  first  continued  Thomas  Jarvis,  and  then  ap- 
pointed Thomas  Harvey.  He  was,  however,  much  in  Albe- 
marle himself,  and  while  there  acted  as  governor.* 

Conditions  in  North  Carolina 

With  Ludwell's  administration  a  new  era  began  in  the 
Little  dash-  North  Carolina  settlement.     For  more  than  a  dozen  years 
Proprietors    it  now  enjoyed  undisturbed  repose.    Indeed,  there  had  never 
been  much  clashing  between  the  people  and  the  Proprietors. 
In  great  measure  the  inhabitants  governed  themselves,  the 
Proprietors  being  represented  by  some  of  the  planters,  whose 
interests  were  identified  with  those  of  the  colony,  while  the 
governors  were  frequently  selected  from  among  the  people. 
If  there  were  any  turbulent  spirits,  with  the  exception  of 
Captain  Gibbs,  who  asserted  a  claim  to  be  governor  and  who 
Characterof  nved  vei7  near  tne  Virginia  line,  they  minifested  turbulence 
the  people     on]v    on    provocation.      If    occasionally    a    governor    was 
deposed  and  imprisoned,  it  was  because  of  offences  and  in 
vindication  of  freedom :  and  truly  in  tracing  their  story  one 
finds  remarkable  illustrations  of  the  sufficiency  of  their  man- 
hood to  solve  the  problems  of  government.    Even  in  the  most 
trying  times  government  was  never  dissolved ;  and  while 
the  will  of  the  people  was  enforced,  anarchy  did  not  supplant 

MSS. 
Records 

Off.  *Dr.    Hawks,   II,  495,   mentions   Alexander   Lillington   as   acting 

Sec.  State  as  governor  or  president  of  the  council.  The  author  has  not  found 
that  record.  Jarvis  was  governor  in  November,  1690,  and  in 
November,  1691.  Ludwell  was  present  and  acting  as  governor 
in  November,  1693,  and  in  April.  1694;  Thomas  Harvey  in  July, 
1694;  Ludwell  in  August;  Harvey  in  September;  John  Archdale  in 
July,  1695 ;  and  Thomas  Harvey  in  April,  1696.  In  1693  Alexander 
Lillington  was  "High  Sheriff"  of  Albemarle  County,  and  as  such 
Governor  Ludwell  ordered  him  in  November,  1693.  to  make  proc- 
lamation, that  all  persons  in  Albemarle  could  have  their  bind  under 
the  Great  Deed  of  1668,  which  led  to  Ludwell's  removal  from  office. 


Lea's  New  Map  of  Carolina,  1695 


CHARACTER   OF   THE  PEOPLE  145 

law.     If  in  1677  the  Revolutionists  ran  into  excesses  and,  *J** 

not  content  with  seizing  their  enemies,  destroyed  their  prop- 
erty, it  was  in  a  moment  of  exasperation.  Order  was  quickly 
restored.  Courts  were  organized  and  the  machinery  of  gov- 
ernment at  once  established  on  a  new  basis.  For  the  most 
part  the  inhabitants  had  no  quarrels  with  the  Proprietors; 
but  they  did  seek  in  every  way  to  escape  from  the  oppression 
incident  to  the  enforcement  of  the  trade  regulations  and 
custom  laws. 

The  collection  of  the  quit  rents  had  from  time  to  time  been 
postponed,  and  the  rent  charged  under  the  Great  Deed  was 
not  onerous.  But  now  perhaps  the  Proprietors  were  more 
intent  on  reimbursing  themselves  for  their  outlay,  and  the 
payment  of  quit  rents  became  of  interest.  A  rent  roll  of 
Albemarle  prepared  apparently  about  1694  showed  146  «,s.srd 
planters,  some  of  them  with  several  plantations,  the  average  ™  Edenton 
holding  being  about  275  acres ;  altogether,  about  40,000  acres 
in  farms,  and  probably  a  population  of  4000. 

Ludwell  recognizes  Great  Deed 

In  November,  1693,  Ludwell  issued  a  proclamation  to  the 
effect  that  under  the  Great  Deed  lands  in  Albemarle  were 
to  be  granted  at  the  same  rate  as  in  Virginia,  subject  to 
quit  rents  of  only  a  farthing  an  acre ;  and  he  directed  Alex- 
ander Lillington,  the  high  sheriff  of  Albemarle  County,  to 
give  notice  thereof  to  the  people  of  Perquimans.  Fault  was  sec.  state 
found  with  him  for  reserving  that  low  rent,  and  for  assent- 
ing to  a  new  form  of  deed,  that  was  considered  to  be  in 
derogation  of  the  rights  of  the  Proprietors.  He  justified 
his  action  by  declaring  that  it  was  in  conformity  with  the 
Great  Deed  ;  but  the  Proprietors  questioned  the  authenticity 
of  that  document,  no  copy  of  it  having  been  retained  in 
Fngland,  and  they  quickly  revoked  his  commission.  Still 
Ludwell  continued  to  exercise  the  functions  of  governor  in 
North  Carolina  during  the  years  1693  and  1694;  and  when 
he  was  not  present  Thomas  Harvey  was  the  deputy  governor. 
To    succeed    Ludwell    as    governor    of    Carolina,    Thomas 


146 


LUDWELL  TO  WALKER,  1689-1704 


1693 


C.  R.,  I 


Huguenots, 
1691 


C.  R..  I,  47a 

Archdale 
County 


Smith,*  a  planter  in  South  Carolina,  was,  in  1693,  created  a 
landgrave  and  appointed  governor.  He  seems  to  have  con- 
tinued Harvey  in  office,  for  the  latter  conducted  the  adminis- 
tration when  no  governor  was  present  until  his  death,  on 
July  3,  1699. 

But  Smith  was  hardly  established  in  his  government 
before  he  represented  to  the  Proprietors  that  the  dissensions 
in  South  Carolina  were  so  great  that  no  one  could  heal  them 
except  one  of  the  Proprietors;  and  in  August,  1694,  John 
Archdale  was  prevailed  on  to  come  over  as  governor. 

John  Archdale  governor 

In  the  following  June  Archdale  reached  Albemarle,  where 
a  daughter,  the  wife  of  Emanuel  Lowe,  resided.  While  there 
he  exercised  the  functions  of  governor.  But  after  a  short 
sojourn  he  passed  on  to  Charleston,  leaving  Harvey  in  the 
administration.  Because  of  the  concessions  made  to  Albe- 
marle in  the  Great  Deed,  Archdale  was  directed  to  limit  that 
391  county  strictly  to  the  territory  north  of  the  sound  and  east 
of  the  Chowan,  and  a  higher  rent  was  to  be  exacted  for 
land  beyond  those  boundaries. 

Already  settlements  had  been  made  elsewhere,  and  the 
western  shores  of  the  Chowan  were  well  occupied.  In  1691 
some  of  the  Huguenots  who  had  originally  settled  on  the 
James  River,  being  attracted  by  the  warmer  climate,  came 
to  Carolina  and  located  on  the  Pamlico,  where  they  pros- 
pered so  satisfactorily  that  constant  accessions  were  made 
to  their  numbers.  Indeed,  population  was  now  extending 
itself  rapidly  to  the  southward. 

After  Archdale  became  governor,  the  Pamlico  region  was 
called  by  the  council  Archdale  County  in  his  honor;  but  at 
a  Palatine's  Court  held  on  December  9,  1696,  he  being  then  in 
North  Carolina,  and  presiding,  an  order  was  passed  that 
inasmuch  as  several  persons  had  seated  themselves  on  Pam- 

*It  was  about  this  time  that  a  grant  of  40,000  acres  of  land  was 
issued  to  Smith,  and  located  on  the  Cape  Fear  River,  and  perhaps 
it  was  then  in  contemplation  to  make  a  settlement  on  that  river;  but 
it  any  were  made,  no  evidence  of  it  has  been  preserved. 


k 


ARCHDALE'S  ADMINISTRATION  147 

lico  River,  a  writ  of  election  was  to  issue  to  them  as  Pamlico  ffi 

Precinct,  in  Bath  County,  to  choose  two  assemblymen.    The  gjjj^ 
change  of  name  was  made  in  compliment  to  John  Lord  Gran-  }^w%on'% 
ville,  Earl  of  Bath,  a  Proprietor,  who  possessed  the  share  c  R  x 
originally  belonging  to  the  Duke  of  Albemarle,  and  who  on 
the  death  of  Craven,  in  1699,  became  the  Palatine.    The  pre- 
cinct of  Pamlico  was  thus  organized  in  1696.    Later  Wick- 
ham  Precinct  was  established  on  the  south  of  Albemarle 
Sound,  and  before   1708  a  third  precinct  was  established 
south  of  Pamlico  Sound,  called  Archdale. 

From  North  Carolina  Archdale  returned  to  England,  leav-  Harrey 

deputy 

ing  Harvey  his  deputy  in  North  Carolina,  and  appointing  governor 

Joseph  Blake  his  deputy  for  South  Carolina.    Blake  was  a 

nephew  of  the  great  admiral,  and  had  once  before  been 

deputy-governor  at  Charleston.    His  father,  being  a  dissenter 

and  fearful  of  persecution  in  England,  had  years  before 

removed  to  South  Carolina.    A  few  years  earlier  the  South 

Carolina  Assembly  had  made  a  strong  remonstrance  against 

some  of  the  provisions  of  the  Fundamental  Constitutions,  and  c.  r.,  ii, 

in  1691  and  1693  they  had  been  annulled ;  but  in  1698  the 

Proprietors,  after  consultation  with  Major  Daniel,  reformed 

the  Constitutions,  reducing  them  to  forty-one  articles,  elim-  TheComti- 

inating  the  provisions  about  leet  men  and  leet  courts,  and  revised 

making  other  changes,  particularly  with  regard  to  courts,  and 

they  sent  a  copy  of  the  amended  Constitutions  to  Governor 

Blake  by  Colonel  Daniel. 

These  Constitutions  had  been  operative  in  North  Carolina 
only  in  some  particulars,  and  the  changes  now  made  in  them 
were  not  of  much  interest  to  the  inhabitants;  but  this 
amended  copy  seems  to  have  been  considered  in  the  colony  as 
taking  the  place  of  that  originally  sent  over.  The  admin-  J5"RMlIIf 
istration  in  North  Carolina  was,  however,  in  conformity  with 
the  instructions  to  the  governors  rather  than  in  close  adher- 
ence to  the  Fundamental  Constitutions ;  and  the  court  system 
was  modified  under  Archdale's  government,  and  apparently 
other  changes  were  made  about  the  time  this  new  copy  of  the 
Constitutions  came  over.    Earlier,  the  general  court  had  been 


148  LUDWELL  TO  WALKER,  1689-1704 

[$?  held  by  the  governor  and  the  council,  with  some  assistants. 

c™"  Now  a  commission  was  issued  to  two  of  the  council,  one 

modified  0f  whom  was  to  be  present  at  the  court,  and  to  some  assist- 
ants. The  first  commission  of  this  sort  was  to  Samuel 
Swann  and  William  Glover,  and  one  of  them  was  to  hold 
the  court,  there  being  in  attendance  one  or  more  of  the  other 

Court  judges  or  justices.    The  title  of  chief  justice  was  not  specifi- 

Kecord*       cally  bestowed  on  either  at  that  time,  and  its  earliest  use 

suie8*6"       appears  to  have  been  in  171 3. 

The  line  between  Carolina  and  Virginia  disputed 

About  the  year  1680  the  uncertain  location  of  the  dividing 
line  between  Albemarle  and  Virginia  began  to  attract  atten- 
tion. Some  of  the  inhabitants  of  lower  Norfolk  and  Curri- 
tuck had  taken  out  their  grants  from  the  Virginia  authorities 
and  had  paid  their  annual  dues  to  Virginia ;  but  now  Albe- 
marle claimed  payment  from  them,  and  on  their  application 
86  *^at  the  line  should  be  established,  the  Virginia  officials 
pleaded  ignorance  of  the  second  grant  to  the  Proprietors, 
which  extended  their  territory  thirty  miles  to  the  northward. 
But  proof  being  furnished,  in  1692  the  surveyor  of  Virginia 
ascertained  substantially  where  the  line  360  30'  would  run, 

c.  r.,  1, 54a  and  as  the  Old  Dominion  would  lose  considerable  population 
and  property,  her  authorities  stubbornly  resisted  every 
attempt  to  have  the  question  settled,  and  urged  that  the  king 
should  buy  Albemarle  and  attach  it  to  Virginia,  saying  that 
£2,000  would  be  a  fair  price. 
Pirates  infest  the  coast 

Indeed,  there  was  always  some  ground  for  apprehension 
that  the  grant  to  the  Proprietors  would  be  annulled  and  their 
province  be  taken  from  them.  Complaints  were  made  that 
pirates  found  ready  access  to  Carolina,  and  that  the  gover- 
nors for  bribes  issued  illegal  commissions  to  sea  rovers ;  and 
the  evasion  of  the  navigation  acts  was  a  continual  source  of 
trouble.  These  allegations,  however,  applied  to  South  Caro- 
lina rather  than  to  Albemarle,  while  there  was  yet  greater 
cause  for  scandal  at  Philadelphia  and  in  all  the  northern 


PIRATES  INFEST  THE  COAST  149 

governments.    Still,  there  was  one  particular  charge  made  jJJ 

against  North  Carolina.  "Thomas  Harvey,"  said  Randolph,  c  ^  , 
"put  masters  to  great  charges  because  of  their  vessels  not  S4«.S4* 
being  registered,  though  the  time  limited  for  registering 
them  was  not  expired."  This,  however,  would  seem  to  indi- 
cate that  Harvey  was  too  exacting  in  demanding  a  com- 
pliance with  the  law.  Another  complaint  Randolph  makes 
against  Albemarle  is :  "The  tobacco  made  in  that  province  is 
generally  carried  to  Boston  or  to  the  islands  near  to  Con- 
necticut colony,  where  it  is  carried  to  Scotland,  etc.,  which 
fraud  ought  speedily  to  be  prevented."  In  this  it  would  JjS£a,ll, 
seem  that  the  Albemarle  authorities  were  entirely  within  the  **b€,n*r,e 
law,  as  it  was  clearly  their  right  to  ship  their  tobacco  to 
Boston  and  Connecticut,  and  if  the  traders  of  those  northern 
marts  afterward  smuggled  the  tobacco  into  Scotland, 
Holland,  and  Ireland  against  the  law,  the  offence  ought  not 
to  be  laid  at  the  doors  of  North  Carolinians.  Mr.  Randolph 
continues:  "During  Governor  Harvey's  government  his 
Majesty's  ship,  the  Hady,  was  driven  ashore  upon  the  sands 
between  the  inlets  of  Roanoke  and  Currituck.  The  inhab-  c.R*,i,s4f 
itants  robbed  her  and  got  some  of  her  guns  ashore  and  shot 
into  her  sides  and  disabled  her  from  getting  off.  The  actors 
were  tried,  and  one  of  the  chief  was  banished.  Henderson 
Walker,  the  present  governor,  in  no  sort  fit  for  the  office." 
The  conclusion  does  not  appear  to  be  well  drawn  from  the 
premise.  The  affair  happened  in  Harvey's  time,  and  the 
government  was  active.  That  the  bankers  were  thrifty  is 
undeniable,  as  the  name  "Nag's  Head"*  would  indicate. 
Still  so  notorious  were  the  evasions  of  the  revenue  laws  in 
all  the  Proprietary  governments  that  in  1689  it  was  proposed 
in  Parliament  to  take  cognizance  of  the  colonies  in  America 
and  bring  them  more  directly  under  the  control  of  the  king. 

*The  name  "Nag's  Head"  is  said  to  have  been  derived  from  a 
practice  of  the  bankers  fastening  a  lantern  to  the  head  of  a  horse, 
which  as  the  horse  walked  at  night  would  have  the  appearance  of 
a  light  on  a  ship  gently  moved  by  the  waves,  thus  alluring  vessels 
to  the  shore.  There  was  also  a  "Nag's  Head"  on  the  southern 
coast  of  England,  so  named  from  the  same  practice. 


150  LUDWELL  TO  WALKER,  1689-1704 

l%*  For  the  proper  enforcement  of  the  trade  regulations  it 

was  deemed  necessary  that  the  governor  and  other  chief 
officers  should  be  appointed  with  the  king's  concurrence; 
but  this  direction  at  the  time  was  not  observed  by  the 
Proprietors.  At  length,  in  1697,  Parliament  enacted  that 
not  only  should  the  governors  of  the  colony  be  approved 

CR.,i,  506  kv  t|ie  k\ngf  but  they  should  take  certain  oaths  of  office 
before  qualifying.  So  when,  in  March,  1699,  Governor 
Harvey  appointed  Daniel  Akehurst  and  Henderson  Walker 
commissioners  to  arrange  with  the  Virginia  authorities  for 
establishing  the  dividing  line,  Governor  Nicholson  refused 
to  recognize  Harvey's  authority  because  he  had  not  taken 
the  required  oaths  of  office. 

Henderson  Walker  governor 

It  was  during  this  correspondence  that  the  governor  of 
Virginia  alleged  that  runaways  escaping  from  Virginia  were 
harbored  in  North  Carolina,  which  brought  out  an  indignant 
denial  by  Henderson  Walker,  who  in  July  succeeded  Harvey 
as  governor.  In  his  reply  Governor  Walker  said :  "I  assure 
you  that  neither  our  laws  nor  our  practice  deserves  such  an 
imputation  of  evil  neighborhood.  Neither  are  there  any 
runaways  harbored  here  that  we  can  discover  by  diligent 
c. R.,i, 5x4  inquiry;  nor  shall  any  such  thing  be  suffered  so  far  as  it 
is  in  our  power  to  prevent  it."  Governor  Walker,  whose 
skill  as  a  letter  writer  suffers  nothing  by  comparison  with 
that  of  the  governor  of  Virginia,  then  recited  the  laws  in 
force  in  Albemarle,  and  specified  some  particular  runaways 
who  had  come  into  the  settlement,  but  had  perished  in  the 
uninhabited  parts  of  the  country;  and  he  expressed  the 
belief  that  the  same  fate  had  befallen  others  seeking  to 
escape  into  South  Carolina.  He  did  not  rest  easy  under  this 
suggestion  of  his  Virginia  neighbors. 

Changes  in  Albemarle 

In  the  course  of  time  Colonel  Jenkins,  Valentine  Byrd,  the 
Harveys  and  many  of  the  old  leaders  in  Albemarle  had  passed 


1699 


SOCIAL  LIFE  IN  THE  COLONY  151 

away  and  other  men  had  risen  to  prominence.    Durant  died  2J2 

in  1691,  at  the  age  of  sixty-nine,  while  Sothel,  after  an 
unsettled  life  still  marked  by  devious  ways,  made  his  exit 
in  1693,  leaving  a  widow  in  Albemarle.  Thomas  Jarvis,  one 
of  the  first  seaters,  and  deputy-governor  in  1691  and  subse- 
quently, passed  away  in  the  spring  of  1694.  Alexander 
Lillington,  who  had  figured  largely  in  the  Culpepper  Rebel- 
lion, and  whose  family  connection  came  to  be  the  most 
influential  in  the  settlement,  after  marrying  a  third  wife 
in  1695,  succumbed  to  disease  two  years  later,  at  the  age 
of  fifty-three,  Governor  Thomas  Harvey  soon  following  him.  l6" 
But  Thomas  Relfe,  also  one  of  the  first  seaters,  was  still 
living,  and  survived  until  1707,  being  then  ninety-three  years 
of  age.  He  was  one  of  those  who  made  the  first  clearings 
before  the  name  Albemarle  was  ever  heard  of  on  the  shores 
of  the  river  Carolina. 

Major  Sam  Swann  was  now  a  resident  of  Perquimans,  a 
member  of  the  council,  judge  of  the  general  court,  and  col- 
lector of  customs,  and  Colonel  Thomas  Pollock,  Henderson 
Walker,  William  Glover,  and  John  Porter  (speaker  of  the 
Assembly)  were  at  the  close  of  the  century  among  the  most 
influential  inhabitants. 

Life  in  the  colony 

A  letter  written  about  the  close  of  the  century  by  William  s.r.,xxii, 
Gale  from  Perquimans  gives  some  insight  into  the  affairs  in 
Albemarle  at  that  time.  Mr.  Gale  was  just  setting  out  on  a 
four  months'  voyage  to  the  Cape  Fear,  whither  he  had  sent  a 
shallop's  load  of  goods  to  trade  with  the  Indians.  Appar- 
ently he  intended  to  pass  up  that  river  and  go  as  far  west- 
ward as  the  mountains  to  establish  an  Indian  trade  there.  A 
well-qualified  Indian  trader,  he  says,  "secures  for  himself  a 
comfortable  living  in  this  world/'  "All  sorts  of  English 
goods  are  here  very  valuable,  especially  nails,  carpenter's 
tools,  hoes,  axes,  all  sorts  of  linings,  powder  and  shot,  hats, 
stockings,  and  what  else  is  requisite  to  make  a  sortable  store." 
The  most  direct  route  of  communication  from  England  was 


739 


Social  life 


152  LUDWELL  TO  WALKER,  1689-1704 

'**>  by  London  ships  bound  for  York  River.    Of  the  Indians  he 

said,  "they  live  in  small  towns  and  bark  cabins,  palisadoed  in 
with  two  or  three  rows  of  stakes.  Every  town  or  nation  has 
its  particular  king  and  different  language.  They  have  some 
notion  of  the  flood,  but  very  obscure.  They  offer  the  first 
fruits  of  everything  they  eat  to  the  devil,  by  whom  they  cure 
diseases,  and  act  several  strange  things,  as  laying  the  wind." 
He  mentioned  some  thirteen  different  tribes,  with  whom  he 
was  well  acquainted  and  had  very  free  commerce.  "If 
Henry  Ramsbottom  was  here  and  would  work,  he  might  live 
a  companion  for  the  best.  His  trade  would  bring  him  in 
£300  per  annum.  Others  might  do  very  well.  Our  greatest 
grievance  is  want  of  books  and  pleasing  conversation.  The 
Quakers  are  here  very  numerous,  but  as  for  Independents, 
Anabaptists,  Presbyterians,  and  other  sectaries,  they  have 
little  or  no  place  here.  Most  who  profess  themselves  doctors 
and  attorneys  are  scandals  to  their  profession.  The  decay 
of  Christian  piety  is  in  such  large  characters  that  he  who  runs 
may  read.  The  second  of  January  last  it  pleased  God  to 
make  me  happy  in  a  son,  who  bears  the  name  of  his  grand- 
father, but  he  has  still  the  unhappiness  to  be  unchristened,  to 
my  great  grief,  the  only  minister  we  have  had  of  the  Church 
of  England  having  left  us  before  my  son  was  born,  but  it 
was  no  loss  to  religion,  for  he  was  ye  monster  of  ye  age." 

The  inventories  of  deceased  persons  filed  in  court  afford 
some  information  of  the  style  of  life  and  the  value  of  house- 
Prices  ^qJj  goods.  Pewter  dishes  were  in  common  use.  A  dozen 
pewter  plates  were  valued  at  about  £1.  Holland  sheets 
at  fifty  shillings  a  pair  for  fine  ones,  and  thirty  shillings  for 
coarser  ones,  while  Osnaburg  sheets  were  five  shillings  a 
pair.  A  feather  bed  and  bolster  at  £6.  Fifteen  yards  of 
kersey  at  something  less  than  £2.  Plain  shoes  at  three 
shillings  per  pair.  A  fowling  piece  at  £1  \os.  Iron  pots 
were  valued  at  four  shillings  a  pound.  A  hand  mill  for 
grinding  meal  was  £6 ;  a  broad  axe  four  shillings  and  a  hand- 
saw two  shillings.  Sheep  were  valued  at  ten  shillings; 
cows  at  thirty  shillings,  and  shoats  at  five  shillings.     Negro 


VALUES  IN  THE  COLONY  153 

men  were  valued  at  £35  sterling;  negro  women  at  £30,  and  lJ£ 

children  at  £10.  Mary,  an  Indian,  was  thought  to  be  worth 
£20 ;  and  a  white  woman  servant,  probably  indentured,  at  £2 
per  year  for  the  time  she  had  to  serve.  At  that  time  cotton 
appears  to  have  been  cultivated.  Lawson  says :  "The  women  Law,on»  s«" 
make  a  good  deal  of  cloth  of  their  own  cotton,  wool  and 
flax:  some  of  them  keeping  their  families,  though  large, 
very  decently  apparelled,  both  with  linens  and  woollens, 
so  that  they  have  no  occasion  to  lay  their  money  out  for 
clothing."  But  trading  vessels  came  in  often,  bringing 
merchandise,  which  was  paid  for  in  produce,  rather  than 
money.  There  were  hatters,  and  others  skilled  in  different 
trades  in  the  colony.  Tar,  pitch,  corn,  tobacco,  etc.,  had  a 
debt-paying  value  fixed  by  law.  While  most  of  the  houses 
were  of  wood,  there  were  some  of  brick ;  the  lime  being  made 
from  oyster  shells.  The  women,  says  Lawson,  are  well 
featured  and  "have  very  brisk,  charming  eyes.  They  marry 
very  young,  some  at  thirteen  or  fourteen ;  and  are  very  fruit- 
ful, most  houses  being  full  of  little  ones.  The  girls  are  not 
bred  up  to  the  wheel  and  sewing  only,  but  the  dairy  and  the 
affairs  of  the  house  they  are  very  well  acquainted  withal." 


CHAPTER  XIII 

The  Exclusion  of  the  Quakers 

Albemarle  at  the  opening  of  the  new  century. — Religious  affilia- 
tions.— The  Quakers. — Nathaniel  Johnson  governor  of  Carolina. — 
The  Church  party  in  South  Carolina. — Major  Daniel  succeeds  Hen- 
derson Walker. — The  Quakers  excluded  from  office. — The  Constitu- 
tion ignored. — A  new  church  law. — Daniel  removed. — Succeeded  by 
Cary. — The  colony  grows. — Virginia  disputes  the  boundary. — John 
Porter's  voyage  to  England. — He  obtains  redress. — New  elements 
in  the  controversy. — Porter  breaks  with  Glover. — Two  govern- 
ments contending. — Both  call  the  Assembly. — Glover  departs  to  Vir- 
ginia.— Cary  in  possession. — The  government  orderly.    .    .    . 

Albemarle  at  the  opening  of  the  new  century 

«7oi  In  a  decade  of  entire  repose,   undisturbed  by  any  dis- 

sensions, the  administration  being  by  the  people  and  for  the 
people,  and  quiet  and  orderly  government  prevailing,  the 
settlement  had  grown  in  population  and  in  importance.  The 
more  influential  families  were  attracted  to  Chowan,  while  in 
Pasquotank  and  Perquimans  the  Quakers  had  considerably 
increased.  Their  numbers  may  have  been  swollen  by  some 
few  additions  from  abroad,  but  Governor  Walker  in  1703 
attributed  their  growth  entirely  to  the  preachers  who  yearly 
came  to  Albemarle  to  encourage  and  exhort  to  Quaker  prin- 

Jja*''1,  ciples.  And  there  were  none  to  dispute  with  or  to  oppose 
them,  for  there  were  no  churches  in  Albemarle  and  no  preach- 

May24,x689  ers  jn  Engian(^  before  the  Toleration  Act  was  passed,  in 
William  and  Mary's  reign,  there  was  some  persecution  of 
non-conformists  and  dissenters,  to  whom  the  freedom  of 
conscience  guaranteed  by  the  charter  and  laws  was  an  in- 
ducement to  remove  to  Carolina,  but  they  located  near 
Charleston.  There  was  no  great  influx  of  population  to 
Albemarle  from  beyond  the  seas.  Accessions  had  come  from 
Virginia  and  the  neighboring  colonies;   and  even  if  they 


RELIGIOUS  CONDITIONS  15S 

were  originally  adherents  of  the  Church  of  England,  in  the  ^ 

absence  of  religious  ministrations  their  affiliations  became 
weakened;  and,  indeed,  those  born  in  Albemarle,  who  had 
never  attended  any  religious  services,  could  have  had  but 
slight  attachment  to  any  church.  There  were  no  missionary 
societies  then  in  the  world,  and  other  than  the  travelling 
Quaker  preachers,  there  were  no  missionaries.  But  about 
the  close  of  the  century  the  Bishop  of  London,  to  whose 
jurisdiction  the  colonies  had  been  assigned,  sent  Dr.  Bray 
to  Maryland  to  settle  some  differences,  and  he  becoming 
interested  in  the  religious  condition  of  the  colonists,  estab- 
lished the  Society  for  the  Propagation  of  the  Gospel  in  For- 
eign Parts,  and  sought  to  have  ministers  sent  to  America. 
By  correspondence  he  inspired  zeal  among  some  of  the 
churchmen  in  Albemarle,  which  doubtless  was  heightened  by 
the  general  religious  revival  incident  to  the  Pope's  having 
proclaimed  the  year  1700  as  a  year  of  jubilee. 

In  that  year  the  first  minister  of  the  Church  of  England  BreuVi1^7" 
was  sent  to  Albemarle,  Mr.  Daniel  Brett,  who  on  his  arrival 
conducted  himself  satisfactorily,  but  soon  began  such  a  course 
as  brought  trouble  and  grief  to  the  churchmen  and  strength- 
ened the  antagonism  of  those  opposed  to  that  communion. 
With  the  opening  of  the  new  century  Governor  Walker  and 
other  churchmen,  in  order  to  procure  some  religious  services 
in  the  colony,  made  strenuous  efforts  to  elect  an  Assembly 
that  would  establish  parishes  and  provide  for  the  erection  of 
church  buildings  and  the  maintenance  of  ministers.  And 
the  Assembly  of  1701  passed  such  an  act.  By  it  vestrymen 
were  appointed  in  every  precinct,  who  were,  besides  other 
duties,  to  erect  church  buildings  and  collect  the  assessments 
for  church  purposes.  In  Chowan,  where  the  adherents  of 
the  Church  of  England  predominated,  the  vestry  met  that 
fall  and  made  provision  for  a  "reader"  and  for  erecting  a 
chapel,  which  was  completed  the  next  year.  Later  other 
chapels  were  erected. 

In  April,  1703,  Mr.  Blair  was  ordained  to  go  to  Albemarle,  ^R-  *• 
and  the  next  January  reached  the  settlement.    By  that  time 


156  THE  EXCLUSION  OF  THE  QUAKERS 

1701  a  "reader"  had  been  established  in  three  of  the  precincts; 

but  there  were  a  great  many  children  to  be  baptized,  "whose 
parents  would  not  condescend  to  have  them  baptized  with 

Blair,  1704  godfathers  and  godmothers."  Besides  the  Quakers,  Mr.  Blair 
found  many  who  would  be  Quakers,  but  were  deterred  by 
the  moral  life  the  Quakers  enjoined ;  others  were  in  faith 
like  Presbyterians,  and  had  preachers  who  baptized  among 
them,  without,  however,  having  any  manner  of  orders ;  and 
lastly  the  Church  of  England  people,  who  were  the  fewest 

cr^i,  jn  nnmber.  The  four  old  precincts  were  divided  by  rivers 
along  whose  banks  for  a  distance  of  some  twenty  miles  lay 
the  plantations ;  and  between  Pamlico  and  Albemarle  there 
were  fifty  miles  of  desert  without  any  inhabitants.  The 
Indians  were  numerous,  and  on  visiting  their  towns  he  found 
many  who  could  speak  English  and  seemed  to  be  fond  of 
their  white  neighbors.  Mr.  Blair  would  have  remained  in 
the  settlement,  but  no  adequate  provision  being  made  for 
his  maintenance,  he  soon  returned  to  England,  suffering  the 
mishap  of  being  taken  prisoner  by  the  French  on  his  way. 

c"R-.i,  A  few  years  later   Mr.  Gordon  gave  a  more  extended 

account  of  the  inhabitants.     Chowan,  as  it  was  the  largest 

Gordon,i7o8  Qf  the  old  precincts,  was  the  thinnest  peopled.  It  contained 
no  Quakers  or  other  dissenters ;  but  the  people  were  very 
ignorant,  there  being  few  who  could  read  and  write. 

The  Quakers 

The  Quakers  in  Perquimans  were  numerous,  extremely 
ignorant,  proud  and  ambitious,  and  consequently  ungovern- 
able. Many  persons  had  accepted  that  faith,  being  willing 
to  embrace  any  religion  rather  than  have  none  at  all.  Pas- 
quotank also  was  largely  peopled  by  Quakers.  The  roads, 
bad  enough  everywhere,  were  worst  there,  but  it  was  closer 
seated  than  the  other  precincts  and  relatively  more  populous. 
In  their  way  of  living,  the  people  of  Pasquotank  had  much 
the  advantage  of  the  other  inhabitants,  being  more  industri- 
ous, careful,  and  cleanly;  but  above  all,  says  Mr.  Gordon, 
"I  was  surprised  to  see  with  what  order,  decency,  and  seri- 


RELIGIOUS  CONDITIONS  157 

ousness  they  performed  the  public  worship,  considering  how  w 

ignorant  the  people  are  in  the  other  parishes."    One  of  the 
distinctive  principles  of  the  Quaker  faith  was  that  preaching 
should  be  but  the  outpouring  of  the  spirit ;  that  one  should 
preach  only  as  the  spirit  moves  him ;  and  on  principle  they 
were  opposed  to  a  paid  ministry,  and  also  to  paying  tithes 
to  support  ministers.    The  Quakers  in  Albemarle  were  there- 
fore violently  opposed  to  the  new  church  law,  that  imposed  ,7°f 
on  them  the  duty  of  contributing  to  the  support  of  paid 
pastors,  and  as  the  next  election  for  assemblymen  after  the 
adoption  of  that  law  drew  nigh,  they  made  the  repeal  of  that  Sfr^fiillr57" 
act  an  issue.    But  about  that  time  the  act  was  returned  by 
the  Lords  Proprietors,  annulled  and  disapproved  by  them, 
because  the   provision  made  for  the  maintenance  of   the 
ministers  was  inadequate;  and  so  it  ceased  to  have  effect  C-1^1**" 
without  the  necessity  of  repeal  by  the  Assembly. 

Nathaniel  Johnson  governor  of  Carolina 

In  South  Carolina  Governor  Moore  had  led  an  expedition 
against  Florida,  but  on  his  return  a  faction  arose  violently 
opposed  to  his  administration,  so  in  June,  1702,  Lord  Gran- 
ville, the  Palatine,  appointed  Sir  Nathaniel  Johnson,  who 
was  then  residing  in  South  Carolina,  to  be  governor. 

Under  a  recent  act  of  Parliament,  because  of  the  trade  ,6w 
regulations,  a  bond  was  required  of  the  new  governor,  and 
he  offered  as  his  bondsman  Thomas  Gary,  a  merchant  of 
that  province,  who  later  was  to  figure  largely  in  North  Caro- 
lina affairs. 

In  their  instructions  to  Governor  Johnson  the  Proprietors 
required  him  to  observe  the  Fundamental  Constitutions  as 
modified  in  1698.  There  was,  however,  no  change  made  in 
administrative  methods  in  Albermarle. 

But  while  the  direction  to  enforce  the  Constitutions  brought  J!aJtyCinUrch 
no  trouble  in  Albemarle,  a  period  of  great  unrest  and  dis-  c^ina 
order  now  began,  based  on  religious  opinions.     The  same 
differences  among  Churchmen  that  marked  that  period  in 
England  had  found  their  way  to  the  forests  of  Carolina. 


158 


THE  EXCLUSION  OF  THE  QUAKERS 


There  were  those  who  cried  out  for  conformity,  while  others 
advocated  toleration.  Johnson's  appointment  was  the  signal 
for  a  great  show  of  zeal  by  the  High  Church  party  in  South 
Carolina,  whose  leaders  were  closely  associated  with  Moore 
and  sustained  his  administration  while  the  opposing  faction 
demanded  a  rigorous  examination  into  the  matters  con- 
nected with  the  Florida  expedition.  By  great  activity, 
Moore's  friends  secured  a  majority  in  the  Assembly,  and  by 
one  vote  carried  through  a  bill  rigidly  excluding  all  dis- 
senters from  the  Assembly ;  and  when  this  act  came  before 
the  Proprietors  for  ratification,  although  violently  opposed 
by  some,  it  was  approved  by  Colleton  and  by  Granville, 
whose  intolerance  and  arbitrary  spirit  were  in  full  sympathy 
with  its  provisions,  and  notwithstanding  Archdale  strenu- 
ously objected,  Granville  also  signed  for  Carteret  and 
Craven,  and  it  went  into  operation. 


Church 
unifoimity 
in  South 
Carolina 


Robert 
Daniel 
deputy  - 
governor 


The 

Quakers 
excluded 
from  office 


C.  R.,1, 
TO 


Major  Daniel  succeeds  Walker 

In  April,  1704,  Governor  Walker  died,  and  Governor 
Johnson  sent  Major  Daniel,  who  was  a  landgrave,  from 
South  Carolina  to  be  deputy-governor.  Major  Daniel  had 
established  for  himself  an  enviable  reputation  for  bravery 
and  experience  in  business.  He  had  won  laurels  during  the 
war  with  the  Indians  and  Spaniards  at  the  south,  and  was 
highly  esteemed.  Some  of  the  neighboring  tribes  now  giv- 
ing trouble,  he  called  a  council  of  their  chiefs  and  agreed 
with  them  for  a  firm  peace,  one  of  the  articles  being  that 
the  English  were  not  to  furnish  rum  to  the  Indians. 

Up  to  that  time  the  Quakers  had  not  been  required  to  take 
oaths  in  Carolina,  being  excused  by  the  original  concessions 
and  by  the  Fundamental  Constitutions;  but  soon  after 
Daniel's  arrival  in  the  colony  the  act  of  Parliament  imposing 
the  oaths  of  allegiance  to  Queen  Anne,  who  had  just  come 
to  the  throne,  was  transmitted  to  him,  and  he  tendered  them 
to  the  members  of  the  council  and  other  officers  of  the 
government.  They  were  such  oaths  as  most  dissenters  could 
take;  but  the  Quakers  would  take  no  oath  whatsoever,  and 


QUAKERS  REFUSE  THE  OATHS  159 

insisted  on  their  constitutional  right  to  sign  a  declaration  2JJ 

of  like  tenor  in  a  book.  This  privilege  was  now  denied  them, 
and  they  were  excluded  from  their  places  under  government. 
And  when  the  Assembly  met  the  same  proceedings  were  had, 
and  the  house  was  thus  purged  of  Quakers.  A  large  part 
of  the  population  was  denied  the  right  to  hold  office.  It  was 
in  effect  a  revolution,  changing  without  legal  sanction  the 
constitution  of  Albemarle. 

It  was  inconsistent  with  the  Grand  Model,  subversive  of 
the  fundamental  constitution  of  the  colony  and  utterly  repug- 
nant to  those  practices  and  customs  which  had  their  origin 
in  the  earliest  lodgment  in  the  wilderness  and  had  grown 
with  the  growth  of  the  settlements  as  the  woof  and  warp  of 
the  rights  of  the  people.     The  whole  foundation  on  which  S^don'. 
the  political  structure  of  the  colony  rested  was  wiped  away  ^RMir1' 
by  this  requirement  of  an  oath  of  office  to  be  taken  after  7°8"7*5 
the  prevailing  English  fashion ;  for  it  is  to  be  observed  that 
it  was  not  until  the  eighth  year  of  George  I,  twenty  years 
later,  that  the  affirmation  of  Quakers  was  received  in  Eng- 
land in  lieu  of  the  customary  oath.    But  on  this  new  require- 
ment Governor  Daniel  insisted,  and,  carrying  his  design  into 
execution,  he  drove  the  Quakers  from  the  house  and  thus 
secured  a  pliant  majority,  who  followed  his  leadership. 

A  new  law  for  establishing  the  Church  was  enacted,  and,  Anew 
to  secure  it  against  the  possibility  of  repeal,  he  determined  1704' 
to  exclude  Quakers  from  future  assemblies,  and  to  this  end 
he  caused  an  act  to  be  passed  prescribing  an  oath  of  office 
to  be  taken  by  way  of  qualification  for  membership.    And 
so  the  church  act  was  passed  beyond  the  power  of  repeal. 

But  the  violence  of  this  course  resulted  in  commotion,  c.  rm  1,709 
The   Quakers   were  not  disposed   to  be   deprived  by  this 
parliamentary  proceeding  of  the  political   rights  they  had 
hitherto  enjoyed  in  the  colony.     They  were  numerous  in  Q^en 
Pasquotank  and  Perquimans,  and  by  uniting  with  the  Pres-  re$lst 
byterians  and  other  dissenters  in  Bath,  they  were  superior 
in  power  to  the  Church  party,  who  were  in  the  majority  only 
in  Chowan  and  Currituck.    Such  an  alliance  seems  to  have 


160  THE  EXCLUSION  OF  THE  QUAKERS 

V^5  been  formed,  and  an  effort  was.  made  to  secure  the  removal 

of  Governor  Daniel,  and  they  soon  had  the  satisfaction  of 
obtaining  an  order  for  his  suspension. 

Thomas  Cary  governor 

Again  was  Governor  Johnson  called  on  to  appoint  a  dep- 
wi^eds  uty-governor,  and  this  time  he  selected  Thomas  Cary,  a 
,4J,e '  merchant  doing  business  in  South  Carolina,  who  came  to  his 
new  charge  in  1705. 

When  the  legislature  assembled  to  meet  Cary,  the  law 
passed  the  year  before  requiring  an  oath  of  office  to  be  taken 
by  the  members  was  still  on  the  statute-book,  but  it  seems 
to  have  been  expected  that  Cary  would  either  ignore  that  law 
altogether,  or,  not  enforcing  it  strictly  so  far  as  the  Quakers 
were  concerned,  would  admit  them  to  scats  on  their  making 
affirmation  after  the  custom  of  that  sect.  Cary,  however, 
followed  the  same  course  that  had  led  to  Daniel's  downfall. 

He  disappointed  all  the  favorable  expectations  that  had 
been  raised  by  the  change  of  governors,  and  augmented  the 
inquietude  of  the  colony  by  proceeding  still  further  in  the 
line  of  the  new  departure. 

The  Assembly  met  him  in  November,  but  the  members 
refusing  to  take  the  oaths,  he  dissolved  it  and  called  a  new 
election.  When  the  new  Assembly  met,  applying  the  law 
which  required  an  oath  of  office  with  rigorous  exactness,  he 
excluded  the  Quaker  members  and  obtained  a  majority  that 
would  sustain  his  measures.  He  then  caused  an  act  to  be 
passed  imposing  a  fine  on  any  person  who  should  enter  into 
an  office  before  taking  an  oath  of  qualification  and  another 
declaring  void  the  election  of  any  person  who  should  promote 
his  own  candidacy. 

With  these  provisions  in  force,  not  only  were  the  Quakers 
debarred  from  entering  into  an  office,  but  the  election  of 
any  Presbyterian  or  other  dissenter  who  was  objectionable 
might  be  declared  void  on  the  slight  pretext  that  he  had 
promoted  his  own  election. 

Step  after  step  had  been  successfully  taken  to  bind  the 


c.  r.,  1 
709 


DISSENTERS  RESIST  CARY  161 

Assembly  hand  and  foot.    Inflamed  by  Cary's  proceedings,  ;*£ 

the  opponents  of  these  measures  hastened  to  send  John  Porter 
to  England  to  seek  a  redress  of  grievances. 

The  colony  grows 

In  the  meantime  the  growth  of  the  colony,  especially  to 
the  southward,  had  continued.    The  town  of  Bath  was  laid 
off  in  1704.    The  precinct  of  Pamlico,  established  ten  years  JV*-1* 
earlier,  was  in  1705  limited  from  Moline's  Creek  five  miles 
west  of  the  mouth  of  Pungo  to  the  westward  up  the  Pam- 
lico ;  and  from  Moline's  Creek  north  and  east  was  Wickham 
Precinct;  while  all  south  of  Pamlico  River,  including  the        *    4S3 
settlers  on  the  Neuse,  was  Archdale  Precinct.     It  was  in 
Archdale  Precinct  on  the  Trent  that  the  Huguenots  had 
located.    Lawson  says:  "Most  of  the  French  who  lived  at  hZ^'* 
that  town  on  James  River  (Mannakin  Town)  are  removed  n-c-m« 
to  Trent  River,  where  the  rest  were  daily  expected,  in 
August,  1708."    There  they  made  very  good  linen  cloth  and 
thread  and  raised  considerable  quantities  of  hemp  and  flax, 
being  well  established.     They  were  accompanied  by  their 
pastor,  Richebourg. 

These  precincts  were  each  allowed  two  representatives  in 
the  Assembly.  The  influx  of  population  was  chiefly  from 
Virginia,  and  so  great  was  the  movement  that  the  com- 
missioners of  trade  and  plantations  at  London  directed  an 
inquiry  into  its  causes  and  how  it  might  be  prevented. 
Among  the  new  accessions  was  John  Lawson,  an  English-  fjjjjl^ 
man,  who  landed  at  Charleston  in  1700  and  journeyed 
through  the  interior  near  the  sites  of  Salisbury  and  Hills-  CR,» lt7°* 
boro,  then  eastward  to  Pamlico,  and  he  remained  in  the 
colony  studying  its  natural  history.  He  returned  to  England 
in  1707  and  published  "A  New  Voyage  to  Carolina"  in  1709 
(later  reprinted  as  the  "History  of  North  Carolina"),  with  a 
map  of  the  province  at  that  time.  He  returned  to  Albermarle 
as  surveyor -general  in  1711. 

Another  important  accession  was  Edward  Moseley,  Gent.,  ££212 
probably  an  Englishman,  perhaps  from  the  Barbadoes,  who 


162  THE  EXCLUSION  OF  THE  QUAKERS 

I£?  came  into  the  province  about  1704  and  soon  began  to  play  a 

prominent  part  in  public  affairs,  being  surveyor-general,  and 
in  1705  a  member  of  the  council.* 

Hawks,  11,  Governor  Daniel,  who  was  a  landgrave,  located  near  Bath 
Town,  a  region  which  was  now  attracting  many  of  the  new 
settlers ;  but  others  pushed  up  the  Chowan,  where  they  came 
in  contact  with  the  Meherrin  Indians,  who  were  forcibly 
dispossessed  of  their  lands  and  moved  farther  to  the  north- 
ward, a  proceeding  which  again  involved  a  dispute  with 
Virginia  about  the  dividing  line. 

The  Chowan  Indians  had  formerly,  by  grant  from  the 
Yeopims,  occupied  the  land  on  the  south  of  Meherrin  River, 
and  after  the  Indian  war  of  1675,  in  which  they  were  sub- 

C  R    I 

658  "  '  dued,  they  were  required  to  locate  farther  eastward.  The 
Meherrin  Indians  settled  on  the  north  side  of  that  river 
and  then  roamed  on  the  south  side,  where  they  eventually 
had  plantations.     In   1706  they   were  ordered  to  abandon 

redScIeddlans  these  plantations  and  move  to  the  north  side.  Not  obey- 
ing these  directions,  Colonel  Pollock,  who  had  possessions 
on  the  west  side  of  the  Chowan,  with  a  force  of  forty-six  men 
seized  many  of  them  and  brought  them  to  terms.  The 
government  of  Virginia  complained  of  this  proceeding,  de- 
claring that  the  land  along  the  Meherrin  was  in  its  terri- 
tory, and  that  the  Carolinians  had  no  right  to  locate  the 
Indians  upon  it;  but  being  doubtful  of  its  claim,  the  Vir- 
ginia surveyor  was  directed  to  secretly  run  a  line  360  30' 
to  see  where  it  really  was.  He  probably  discovered  enough 
to  remain  quiet,  for  when  the  dividing  line  was  established 
later  the  Virginia  claim  was  shown  to  be  erroneous. 

John  Porter's  voyage  to  England 

The  prime  objects  Porter  had  in  view  appear  to  have  been 

the  restoration  of  the  rights  of  the  Quakers  to  hold  office, 

Oct.,  2706      the  setting  aside  of  the  laws  requiring  the  assemblymen  to 

♦On  May  7,  1703,  the  treasurer  of  South  Carolina  paid  Edward 
Moseley  £5  155.  for  transcribing  the  catalogue  of  the  library  books 
at  Charlestown.  On  August  4,  1705,  Edward  Moseley  married  the 
widow  of  Governor  Walker. 


PORTER'S  MISSION  TO  ENGLAND  163 

take  an  oath  of  office,  and  the  restoration  of  the  privilege  of  ^f 

the  colony  to  choose  its  own  governor  from  among  the 
council.    He  had  hardly  reached  England  before  Cary  left  r^u 
Albemarle  and  returned  to  South  Carolina,  where  he  re-  siaieSec* 
mained  for  more  than  a  year,  not  coming  back  to  his  govern- 
ment until  after  Porter  himself  had  returned,  and  during  his  C-R-»LM 
absence  William  Glover,  a  member  of  the  council,  admin- 
istered the  affairs  of  the  colony. 

Porter's  visit  to  England  was  well  timed.    He  found  pub- 
lic attention   largely   addressed   to  Carolina   affairs.     The  £>lrcdr°n,, 
"Representation  of  the  case  of  the  Dissenters  in  South  Caro-  ^ob*';,' 
Una,"   made  by   John    Ashe,    had   been   supplemented   by 
DeFoe\s   "Party  Tyranny  in  Carolina,"  and  public  inter- 
est had  been  awakened  in  the  grievances  of  the  distant  col-  c.r„ii,89i 
onists.     Boone,    from    South    Carolina,    had    secured    the 
co-operation  of  merchants  dealing  with  the  province,  and 
their  petition  to  the  House  of  Lords  had  led  that  body  to  C-R»  1.634 
address  the  queen,  setting  forth  the  illegality  of  the  pro- 
ceedings at  Charleston,  and  the  queen  in  council  had  there- 
upon declared  the  church  legislation  of  Governor  Johnson 
null  and  void,  and  had  directed  steps  to  be  taken  to  declare  c.R.t  1,643 
the  charter  forfeited ;  and  besides,  the  church  dignitaries  had 
expressed  their  strong  disapproval  of  the  measures  by  which 
the  Church  party  in  South  Carolina  had  sought  to  carry  out 
their  political  purposes. 

Under  these  circumstances  John  Porter's  mission  could 
hardly  fail  of  success.  He  obtained  substantial  redress,  and 
after  lingering  a  year  in  England,  returned,  in  October,  1707, 
bearing  an  instrument  of  writing,  or  commission,  for  the 
settling  of  the  government,  by  which  the  laws  imposing  oaths 
were  suspended;  and  he  also  brought  an  order  suspending  QctRx*  T0' 709 
Colonel  Cary  as  governor,  and  vesting  the  powers  of  that 
officer  in  the  president  of  the  council,  to  be  chosen  by  that 
body,  according  to  the  custom  before  Daniel's  time. 

He  also  obtained  new  deputations  from  the  Lords  Pro- 
prietors appointing  other  deputies,  a  majority  of  whom  it 


164  THE  EXCLUSION  OF  THE  QUAKERS 

w  is  stated  were  Quakers.     Thus  equipped,  his  aim  seemed 

accomplished ;  but  difficulties,  however,  apparently  arose  in 
the  performance  of  his  programme, 
dement  On  his  return,  in  the  fall  of  1707,  Porter  found  Governor 

ioniiov        Cary  still  absent  and  William  Glover  conducting  the  admin- 
rSo*  istration  as  president  of  the  council.    This  arrangement  he 

siaie^'       ^  not  disturb.     Indeed,  it  appears  that  Glover  was  then 
c.  r.,  1, 7x0  chosen  president  of  the  council,  and  for  some  time  remained 
May,  1708     at  the  head  of  the  government  with  the  sanction  of  all  parties. 
But  later  Glover  refused  to  admit  the  Quaker  deputies  unless 
they  would  take  the  oaths.     Discontent  at  once  was  mani- 
fested by  many  of  the  people,  and  it  became  so  prevalent 
Hawks,  11,    tnat  on  ^av  !3»  l7°&>  Cary,  who  had  then  returned,  Porter, 
381  Foster,  and  Pollock,  representing  the  various  factions,  united 

c.  r.,  1, 7a7  in  a  proclamation  commanding  the  people's  obedience  to  the 
existing  government. 

But  hardly  had  this  proclamation  been  issued  before  a 
new  element  entered  to  breed  further  disturbance. 
68*73*'  Mr.  Adams  and  Mr.  Gordon,  two  ministers  sent  out  by 

Hawks,  11,  tjle  Society  for  the  Propagation  of  the  Gospel  in  Foreign 
Parts,  arrived  in  the  colony  about  that  time,  and  their  com- 
ing set  the  Quakers  and  Presbyterians  and  all  opposed  to 
the  church  law  in  violent  commotion.  Glover  writes  to  the 
c.  R.,1,689  Bishop  of  London,  September  25,  1708,  that  "time  had 
slipped  away  while  I  was  engaged  in  the  unhappy  troubles 
which  the  enemy,  alarmed  at  the  coming  over  of  these  worthy 
gentlemen,  has  raised  against  me." 

Mr.  Adams  wrote  in  October,  1709,  that  when  Gordon  and 
himself  came  over  (April,  1708)  "we  found  the  government 
c.  r.,i,  7ao  jn  the  han(js  of  such  persons  as  were  promoted  for  God's 
service  and  good  order  and  from  whom  we  met  with  all 
reasonable  encouragement.  But  now  the  case  is  sadly  altered, 
for  the  Quakers,  alarmed  at  our  arrival,"  etc.  And  Glover 
himself  two  years  later  wrote  to  the  Society :  "Although  the 
c.  r.,i,  732  trouble  and  confusion  this  unhappy  country  has  labored 
under  ever  since  the  arrival  of  your  Lordship's  missionaries 
has  compelled  me  to  retire  from  all  public  employment,"  etc. 


GORDON  AND  ADAMS  ARRIVE  165 

It  was  evidently  the  arrival  of  the  two  ministers  that  I£f 

changed  the  aspect  of  affairs. 

Porter  breaks  with  Glover 

While  these  commotions  were  agitating  the  colony,  some  iniya^tToB 
time  between  May  13th  and  July  24th,  it  would  seem  that     '    *  ,W3 
Porter  found  it  expedient  to  break  with  Glover,  and  confess- 
ing the  disappointment  he  had  experienced  at  his  hands, 
to  establish  the  authority  of  the  new  council  without  waiting 
for  the  Assembly.    To  this  end  the  new  council  was  called  ^R;J% 
together,  and  on  July  24th  it  chose  as  president  Colonel  Cary, 
who  doubtless  agreed  to  conform  his  actions  to  the  expressed 
will  of  the  Lords  Proprietors  and  to  carry  out  the  letter  and 
spirit  of  the  commission  for  settling  the  colony,  which  he 
perhaps  found  less  hesitation  in  doing  now  that  Granville 
was  dead  and  the  motive  for  siding  with  the  Church  party 
was  no  longer  so  apparent. 

What  took  place  during  that  long,  hot  summer  is  not  Diftwb- 
recorded,  save  only  in  a  general  way  that  the  colony  was 
the  scene,  of  great  disturbances  and  that  the  Church  party 
lost  ground  and  fell  into  a  pitiable  minority. 

On  September  18,  1708,  Mr.  Adams,  who  remained  in  the 
colony  after  his  coadjutor,  Mr.  Gordon,  had  withdrawn  from 
the  commotion,  writes  concerning  the  troubles:  "Besides, 
we  shall  be  engaged  in  perpetual  broils  as  we  now  are  at 
present,  for  our  old  worthy  patriots  who  have  for  many 
years  borne  rule  in  the  government  with  great  applause  C.R.,  1,687 
cannot  without  concern  and  indignation  think  of  their  being 
turned  out  of  the  council  and  places  of  trust  for  no  other 
reason  but  because  they  are  members  of  the  Church  of 
England,  and  that  shoemakers  and  other  mechanics  should 
be  appointed  in  their  room  merely  because  they  are  Quaker 
preachers,"  etc. 

Two  governments  contending 

But  Glover  was  not  content  to  be  displaced  in  that  manner, 
and   still    claimed   the    power   and   authority   of    the   gov- 


i66 


THE  EXCLUSION  OF  THE  QUAKERS 


1708 


Both  call  the 
Assembly 
October, 
1708 


Pollock's 
Letter  Book 


Hawks,  II, 
380 


C.  R.,  I, 
696-608 


Oct.  xi,  1708 


ernor's  office.  And  so  there  were  two  governments,  each 
claiming  to  be  regular  and  lawful,  each  with  its  adherents, 
who  loudly  proclaimed  their  opponents  to  be  rebels  and 
traitors. 

The  whole  colony  became  involved,  and  both  sides  being 
determined,  the  drift  was  to  open  rupture.  Colonel  Jennings, 
of  Virginia,  wrote  to  the  Lords  Proprietors  on  Septem- 
ber 20th  that  the  Quakers  had  the  cunning  to  set  all  the 
country  in  a  flame  and  all  but  themselves  in  arms  against 
one  another,  and  there  had  already  been  one  man  killed  in 
the  fray.  There  was  no  hope  of  peace  save  by  submitting 
the  matter  to  the  legislature.  Under  these  circumstances 
Colonel  Pollock,  on  behalf  of  Glover,  made  an  agreement 
with  Cary  to  submit  the  claims  of  the  two  rival  presidents 
to  an  assembly  to  be  elected,  and  so  Cary  and  Glover  each 
issued  separate  writs  for  an  election  of  an  assembly  to  be 
held  on  October  3,  1708. 

This  election  was  quietly  held  in  six  precincts,  but  the 
result  in  Chowan  was  contested.  The  assembly  consisted 
of  twenty-six  members,  five  from  each  of  the  four  precincts 
of  Albemarle  and  two  from  each  of  the  three  precincts  in 
Bath  County. 

The  Cary  party  carried  Bath  County  and  Perquimans  and 
Pasquotank.  In  Chowan  there  was  a  contested  election. 
Currituck  alone  stood  faithful  to  the  losing  cause  of  Presi- 
dent Glover. 

Eight  days  later  the  Assembly  met.  The  outlook  was 
gloomy  indeed  for  Glover.  Moseley  and  the  other  Cary 
contestants  from  Chowan  were  seated  without  delay,  and 
Moseley  himself  was  elected  speaker  of  the  Assembly. 


C.R.,  1,698 


Glover  departs  to  Virginia 

The  commission  to  settle  the  government  brought  over  by 
Porter  was  read  and  the  Assembly  determined  that  by  that 
instrument  the  Lords  Proprietors  had  suspended  the  laws 
made  both  in  Governor  Daniel's  time  and  in  Governor  Cary's 


CARTS  ASSEMBLY  167 

time  relative  to  qualifying  by  taking  oaths  of  office.    Colonel  lj£ 

Pollock  insisted,  however,  that  the  former  law  was  not  so  [^^Book 
much  as  mentioned  in  the  writing — but  such  was  the  decision 
of  the  Assembly.  Glover  protested  that  he  would  not  be 
bound  by  the  action  of  the  body,  although  elected  under  his 
own  writ,  along  with  the  writ  of  Cary.  He  insisted  that 
they  should  be  sworn — or,  in  other  words,  purged  of  the 
Quaker  members — before  he  would  abide  by  his  agreement. 
His  protest  was  treated  with  scant  courtesy.  He  had 
appealed  to  the  people.  He  had  agreed  to  abide  by  the 
popular  verdict ;  and  now  that  the  people  had  spoken,  now 
that  a  large  majority  of  the  legislature  was  against  him,  he 
sought  to  reverse  that  judgment,  and  to  that  end  invoked  the 
same  method  of  suppression  that  had  been  lately  practised — 
at  variance  with  the  fundamental  constitution  of  the  colony 
as  well  as  repugnant  to  the  particular  commission  of  the 
Lords  Proprietors.  But  his  efforts  were  without  avail. 
Withdrawing  from  his  agreement  to  submit  his  claims  to  the 
decision  of  the  Assembly,  he  left  the  colony  and  took  refuge 
in  Virginia.  In  this  voluntary  exile  Colonel  Pollock  accom- 
panied him,  and  Gale,  the  presiding  judge  of  the  general 
court,  went  to  England,  and  it  was  not  until  two  years  after- 
ward, when  Hyde  entered  upon  the  administration  as  presi- 
dent of  the  council,  that  they  returned. 

The  Cary  government  was  thus  left  in  undisturbed  pos-  TheCary 
session.  The  council  consisted  of  Cary,  the  president; 
Foster,  Porter  and  the  Quakers.  One  of  the  first  measures 
of  the  new  administration  was  to  declare  void  all  acts  done 
by  the  Glover  government  during  the  preceding  nine  months, 
thus  stigmatizing  the  retention  of  power  by  the  old  council 
through  the  exclusion  of  the  new  deputies  as  in  the  nature 
of  rebellion. 

But  although  all  the  machinery  of  government  was  in 
Cary's  hands,  there  remained  a  large  faction  disappointed, 
sullen  and  antagonistic — and  it  was  this  faction  that  con- 
tained the  men  who  had  been  trained  in  the  management 
of  public  concerns.     Changes  were  made  in  the  local  officers. 


C.  R.,  I,  684 


168  THE  EXCLUSION  OF  THE  QUAKERS 

lj£  The  old  set  gave  place  to  the  adherents  of  the  new  adminis- 

tration. 

Emanuel  Lowe,  Archdale's  Quaker  son-in-law,  was  ap- 
pointed to  the  land  office,  and  other  Quakers,  Presbyterians 
and  Independents  were  given  public  employment.  The 
courts  were  open ;  suits  were  begun  and  prosecuted  to  judg- 
ment and  execution;  wills  probated  and  administration 
granted.  The  public  lands  were  opened  to  entry  and 
patents  granted,  and  all  the  branches  of  government  appear 
to  have  been  administered  in  due  form;  and  particularly 
is  it  noteworthy  that  the  vestry  act  was  maintained  in  opera- 

c.  r.,  1, 690  tion;  and  further  that  the  Virginia  government  complained 
of  the  large  emigration  of  Virginians  into  North  Carolina. 

In  December,  1708,  the  Proprietors  appointed  Edward 
Tynte  governor  of  Carolina,  and  expected  him  to  appoint 
Edward  Hyde  deputy-governor  of  North  Carolina ;  but  until 
Hyde  should  arrive  Cary  was  left  unmolested  in  the  admin- 
istration of  affairs.  In  March,  1709,  the  Proprietors  ap- 
pointed Lawson  and  Moseley,  the  speaker  of  Cary's  house, 
to  settle  the  disputed  line  between  Virginia  and  North  Caro- 
lina; and  in  September,  1709,  they  appointed  Christopher 
Gale  receiver-general  in  the  colony  and  Lawson  surveyor- 
general,  both  of  these  being  then  in  London.  The  Propri- 
etors signified  no  particular  displeasure  at  the  situation  of 
affairs  in  North  Carolina,  but  in  after  years  the  period  of 
Cary's  administration  was  known  as  "Cary's  usurpation." 


Lawson  s  Map  of  North  Carolina,  1709 


CHAPTER  XIV 
The  Cary  Rebellion 

The  Palatines.— Their  sufferings  at  sea.— They  march  through 
the  forest — De  Graff  enried's  Swiss. — New  Bern  founded. — 
Hyde  arrives  in  Virginia. — Invited  to  Carolina. — Glover's  influence. — 
The  Quakers  excluded. — His  authority  denied. — The  new  Assembly. 
— Hyde  succeeds. — The  Cary  administration  declared  a  usurpation. 
— Partisan  legislation. — Hyde  embodies  men. — Cary  prepared. — 
Roach  aids  Cary.— The  people  divide. — Governor  Spotswood  seeks 
to  mediate. — His  agent  threatens  Cary. — Cary  prepares  to  engage, 
but  fails. — Hyde's  moderation. — Cary  and  Porter  sent  to  England. 

The  Palatines 

It  was  during  the  time  while  Lawson  was  in  England  w 

and  was  preparing  his  History  for  publication  that  arrange- 
ments were  made  for  the  settlement  of  a  considerable  num- 
ber of  colonists  on  the  Trent,  in  Archdale  Precinct,  near 
where  the  French  had  settled  and  where  Lawson  had  a 
large  tract  of  land.  Great  numbers  of  Protestants  had  been  German 
expelled  from  the  Palatinate,  a  fertile  and  populous  country 
on  the  Rhine,  now  embraced  in  Baden  and  Bavaria,  and 
many  thousands,  utterly  impoverished  and  destitute,  sought 
refuge  in  England.  Their  support  had  become  a  heavy  tax 
on  the  public,  the  English  people  being  at  that  time  them- 
selves in  great  distress,  and  efforts  were  made  to  disperse 
them  throughout  the  kingdom  and  the  American  colonies. 
Baron  De  Graffenried,  a  Swiss  nobleman,  being  in  negotia- 
tion with  the  Lords  Proprietors  for  land  in  Carolina  for  a 
Swiss  colony,  was  induced  to  take  charge  of  a  number  of 
these  poor  Palatines.  The  queen  assumed  the  expense  of 
their  transportation  and  made  a  donation  of  £4,000  for  their 
benefit,  while  a  committee  of  lords  supervised  the  agreement 
with  the  Proprietors  and  inspected  the  vessels  before  the 
final  embarkation.  Six  hundred  and  fifty  of  the  most  robust 
of  the  Palatines  were  selected  by  De  Graffenried,  who  placed 
them  under  the  direction  of  Christopher  Gale,  John  Lawson 
and  a  third  associate;  and  ample  provision  being  made  for 


170 


THE  CARY  REBELLION 


The 

Palatines 

sail 


April,  17x0 


their  sustenance,  at  length,  in  January,  1710,  after  religious 
services  by  their  pastor  and  other  demonstrations  of  inter- 
est, the  two  transports  sailed  from  Gravesend,  accompanied 
for  protection  by  a  squadron  of  naval  vessels  commanded 
by  an  admiral. 

Hardly  had  the  voyage  begun,  however,  before  storms 
arose  and  impeded  the  progress  of  the  vessels,  and  the 
voyage  was  protracted  to  more  than  three  months.  Un- 
happy, indeed,  was  the  fate  of  these  poor  exiles  driven  from 
their  prosperous  homes  by  cruel  religious  persecution.  Dur- 
ing their  long  voyage  more  than  one-half  succumbed  to 
disease  on  shipboard,  while  the  sufferings  of  the  others 
impaired  their  strength  and  vitality.  Finally,  in  April,  they 
reached  the  Chesapeake,  but  as  they  were  entering  that 
friendly  harbor  a  French  vessel  captured  one  of  the  trans- 
ports and  plundered  it  of  everything  valuable,  depriving 
the  miserable  immigrants  of  even  their  clothing. 

After  landing,  their  numbers  were  still  further  diminished 
by  fever  and  disease  before  they  were  able  to  set  out 
c.R.,1,718  through  the  forests  for  their  march  to  the  Chowan.  Even- 
tually the  remnant  reached  the  plantation  of  Colonel  Pollock, 
who  provided  for  their  necessities  and  transported  them  in 
boats  to  the  Trent,  where  they  finally  arrived  in  horrible 
plight,  finding  no  preparations  made  to  receive  them, 
although  Lawson  was  engaged  until  August  in  locating 
them.  Gale,  the  receiver-general,  had  been  a  member  of 
the  general  court  in  North  Carolina  from  1703  until  the 
overthrow  of  Glover's  administration,  when  he  went  to 
England.  He  now  returned  with  Lawson,  and  was,  as  chief 
justice,  destined  to  play  an  important  part  in  the  affairs  of 
the  colony.  He  had  brought  instructions  from  the  Pro- 
prietors to  use  such  of  the  public  revenues  as  could  be 
spared  for  the  support  of  the  Palatines;  but  Cary  having 
received  the  public  funds,  withheld  them  from  Gale,  and 
inadequate  provision  was  made  for  the  colonists,  who  found 
themselves  driven  to  the  necessity  of  selling  even  their 
clothes  to  the  neighboring  settlers  for  meat  and  bread. 

Six  months  after  the  departure  of  the  Palatines,  De  Graf- 
fenricd,  who  had  been  created  a  landgrave  by  the  Lords  Pro- 
prietors, followed  with  his  colony  of  Swiss.    Their  voyage 


Lawson 
locates  the 
Palatines 


The  Swiss 
June,  1 710 


THE  PALATINES  AND  SWISS 


171 


was  more  fortunate,  and  after  a   few  weeks  they  landed  ^ 

in  excellent  spirits  on  the  banks  of  the  James  and  likewise 
came  by  land  to  Colonel  Pollock's,  reaching  the  Trent  in 
September,  where  they  found  the  unhappy  Palatines  in 
miserable  plight. 

Being  a  landgrave,  De  Graffenried  had  official  prominence  New  Bern 
in  the  province,  and  he  used  every  effort  to  ameliorate  the  l^ld^ 
condition  of   his  colonists,   and   addressed  himself   to  the 
work  of  building  a  town,  which  he  named  New  Bern.    Many 
planters  now  occupied  the  lands  on  the  Pamlico ;  the  French 
colony  had   been   increased   by   accessions   from   Virginia; 
lands  along  the  shore,  even  between  North  River  and  Core 
River  (near  the  present  town  of  Beaufort),  were  taken  up 
in    1709,   and  the   settlements   were  extending   southward 
along  the  coast.     So  it  happened  that  the  period  of  Cary's  TheCary 
administration  was  marked  by  a  considerable  expansion  and  don""*  **" 
development  of  the  province,  but  yet  the  administration  was 
not  efficient.     The  new  men  appointed  to  office  were  not  cSSSt 
trained  in  official  duties,  grave  complaints  were  rife,  and  Countv 
the  government  lost  some  of  the  prestige  it  had  acquired  on 
the  withdrawal  of  Glover  and  his  adherents  to  Virginia. 

Hyde  arrives  in  Virginia 

Such  was  the  condition  when  Colonel  Edward  Hyde,  who 
had  been  selected  by  the  Proprietors  as  deputy-governor  of 
North  Carolina,  reached  Virginia,  in  August,  1710,  where, 
however,  he  failed  to  receive  his  commission  as  he  had  August,^!© 
expected,  for  Edward  Tynte,  the  governor  of  Carolina, 
who  was  to  have  sent  it  to  him  from  Charleston,  died  with- 
out doing  so.  Hyde's  coming  had  been  anxiously  expected 
by  the  Glover  faction,  who  hastened  to  make  their  court  to 
him ;  but  being  without  a  commission,  he  prudently  remained 
in  Virginia  and  awaited  developments.  Being  the  first 
cousin  of  the  queen,  the  "awful  respect"  due  to  his  family  J^,*^1, 
drew  public  sentiment  toward  him ;  and  there  being  no  ques- 
tion that  the  Proprietors  had  designated  him  for  appoint- 
ment as  deputy-governor,  Cary  was  persuaded  to  join  in  an 
invitation  that  Hyde  should  come  to  Carolina  and  enter  upon 
the  administration  as  president  of  the  council. 

In  January,  171 1,  this  invitation  was  accepted,  and  Hyde  Jan"  ,7" 


172  THE  CARY  REBELLION 

%7xl  coming  to  Carolina,  settled  himself  in  Chowan,  near  Colonel 

Pollock's,  who,  as  well  as  Glover,  had  returned  about  that 

2fd.e>         time  *°  his  Carolina  home.     But  although  the  new  presi- 

tion  dent  came  in  by  common  consent,  he  was  met  at  the  outset 

with  the  same  practical  question  that  had  so  largely  entered 
into  the  politics  of  the  colony  during  the  preceding  decade. 

T^Mii1,' 784   Should   Quakers  be  admitted  to  office?     Should  they  be 

allowed  to  enter  into  office  without  qualifying  themselves 

by  taking  an  oath  ?    This  question  could  not  be  avoided.    It 

met  the  new  administration  face  to  face  and  demanded  an 

t         unequivocal  answer. 

influent  Hyde  might  perhaps  have  determined  the  matter  in  ac- 

cordance with  the  practice  of  the  preceding  administration 
and  agreeably  to  the  fundamental  constitution  of  the  colony 
had  it  not  been  for  the  influence  exerted  by  the  adherents 
of  Glover,  who  had  suffered  no  little  because  of  their  fidelity 
to  the  cause  they  represented.  They  prided  themselves  that 
it  was  the  cause  of  the  legitimate,  lawful  and  regular  gov- 
ernment no  less  than  the  cause  of  the  Church  and  of  true 
religion,  and  they  sought,  not  without  avail,  to  impress  the 
new  governor  with  the  correctness  of  their  views,  and  doubt- 
less he  espoused  them  the  more  readily  since  they  were  in 
conformity  with  the  prevailing  notions  in  England  in  regard 
to  the  Quakers. 

Urmstone,  who  had  succeeded  Mr.  Adams  as  the  solitary 
clergyman  in  the  colony,  wrote  that  "after  long  debates 
Hyde  persists  in  Mr.  Glover's  opinion  of  not  suffering 
the  Quakers,  who  had  deputations,  either  forged  or  granted 
by  those  who  were  not  Proprietors,  to  be  of  the  council,  or 
have  anything  to  do  in  the  administration,"  which  meant  that 
the  Quakers  were  excluded  from  the  council,  as  in  Glover's 
time.  And  again  Pollock  wrote  to  the  Lords  Proprietors,  in 
September,  1712,  that  "the  Quakers  are  not  permitted  to  sit 
in  the  Assembly." 

Oopotidon        This  decision  on  the  part  of  Hyde  opened  afresh  all  the 

**   8  old  sores,  and  threw  into  the  opposition  a  strong  party,  who, 

having  lately  enjoyed  the  powers  of  government,  were  easily 
led  to  make  another  stand  for  the  principles  they  had  so 
ardently  maintained.  The  leaders  of  that  party  coming  to 
understand    that   Hyde's   administration   would  be    in   the 


THE  CHURCH  PARTY  TRIUMPHS  173 

nature  of  a  return  of  the  Glover  faction,  whose  temper  was  y 

very  bitter  and  hostile,  sought  to  weaken  it  by  withdrawing 
their  adherence  and  declaring  that  Hyde,  having  no  com- 
mission, was  not  a  legal  governor. 

The  new  Assembly 

The  Cary  officers,  it  is  said,  falling  in  with  these  sug- 
gestions, retained  their  records,  seals  and  other  muniments 
of  office  and  would  not  surrender  them  to  Hyde's  appointees. 
Such  was  the  situation  when,  in  March,  171 1,  the  Assembly,  March,  xyti 
called  by  Hyde,  met  at  Colonel  Pollock's  residence  in 
Chowan.  Of  that  Assembly  Urmstone  writes :  "With  much 
difficulty  we  had  the  majority.  .  .  .  The  Assembly  was  made 
up  of  a  strange  mixture  of  men  of  various  opinions  and  c.R*i,»«i 
inclinations:  a  few  Churchmen,  many  Presbyterians,  Inde- 
pendents, but  most  anythingarians — some  out  of  principle, 
others  out  of  hopes  of  power  and  authority  in  the  govern- 
ment to  the  end  that  they  might  lord  it  over  their  neighbors, 
all  conspired  to  act  answerably  to  the  desire  of  the  president 
and  council."  The  Quakers  being  excluded,  the  Assembly 
was  sufficiently  manageable. 

The  rising  sun  was  too  strong  for  those  who  were  deemed  2*£Lu 
to  be  on  the  wane.    Hyde  triumphed  over  the  opposition. 
The  "awful  respect"  of  his  great  name  was  heavy  weight 
in  his  favor,  and  "the  Presbyterians,  Independents  and  any- 
thingarians" of  the  Assembly  were  drawn  to  his  side  in  hopes 
of  favors  to  come,  and  also  because  three  months  before  he 
had  been  brought  in  as  governor  by  common  consent ;  while  Partisan 
Cary's  administration  had  fallen  into  disrepute  because  of  Ie*l,,ati011 
inefficiency,  and  he  himself  had  either  squandered  or  had 
not  collected   the   quit   rents   due   the   Lords   Proprietors. 
Whatever   were   the   influences   working   the   change,   the  caryand 
Assembly  was  quite  as  severe  against  the  Cary  party  as  the  !£££ched 
former  Assembly  had,  in  October,   1708,  been  against  its 
Glover  opponents.     It  declared  that  Cary  and  Porter  had 
failed  to  attend  with  Hyde  as  members  of  his  council,  that 
they  had  been  guilty  of  sedition  and  had  sought  to  overturn 
Hyde's   government,   and    they   impeached   them   for  high 
crimes  and  misdemeanors  and  committed  them  to  the  cus- 
tody of  the  provost  marshal. 


174  THE  CARY  REBELLION 

%2*l  It   petitioned   the    Lords   Proprietors   to   remove    Cary, 

Pmeedin8f   P°rter  and  Moseley  from  any  share  in  the  government ;  and 
in  thecmms  as  Cary's  government  had  declared  void  all  proceedings  had 

annulled  .  i       .      r  •  •  i  •       *  i  i        i      i  • 

nine  months  before  it  came  in,  so  this  Assembly  declared 
void  all  proceeding,  save  certain  exceptions,  that  had  been 
in  Cary's  courts,  land  offices,  etc.,  during  the  space  of  two 
entire  years. 

785^86*  I*  furtner  re-enacted  the  former  law  in  regard  to  the 

qualification  of  all  officers  by  oaths  according  to  the  strict- 
ness of  the  English  laws,  and  enacted  that  all  laws  made 
for  the  establishment  of  the  Church  in  England  should  be 
in  force  in  the  colony. 

c.  r.,1,780  ^n(j  varjolls  sundry  other  enactments  were  made  in  the 
first  flush  of  victory  by  those  who  had  been  under  the  ban 
for  three  years,  of  such  a  character  as  to  draw  even  from 

^^ation  Spotswood,  "that  they  added  some  other  clauses  perhaps  too 
severe  to  be  justified,  wherein  it  must  be  confessed  they 
showed  more  their  resentment  of  their  ill-usage  during  Mr. 
Cary's  usurpation  (as  they  call  it)  than  their  prudence  to 
reconcile  the  distractions  of  the  country." 

c.  r.,  1, 79x  Particularly  was  an  act  passed  directing  Cary  to  account 
with  Hyde  for  all  funds  that  he  had  collected  for  the  Lords 
Proprietors,  and  upon  his  failing  to  do  so  within  two  months, 
Hyde  was  authorized  to  issue  execution  against  his  prop- 
erty. Truly,  Cary  had  fallen  from  his  high  estate,  and  the 
Glover  party,  animated  by  a  fierce  resentment  of  their  in- 
juries, were  pursuing  him  with  a  strong  hand.  Having 
disrobed  him  of  power,  they  sought  to  press  him  to  the 
wall.  But  as  Spotswood  wrote,  their  measures  were  beyond 
their  power  to  enforce  them.  By  their  want  of  moderation 
they  threw  the  whole  opposition  into  violent  antagonism. 

eddies  Both  Cary  and  Porter  escaped  from  the  custody  of  the 

men  provost  marshal  and  regained  their  liberty,  and  two  months 

having  elapsed  without  the  former  having  accounted  for 
the  money  of  the  Lords  Proprietors,  Hyde  embodied  a  force 

May,i7«  t0  g0  and  take  njm  On  Sunday,  May  26th,  Hyde,  with 
some  secrecy,  collected  about  eighty  men  at  his  own  house 
in  Chowan,  and  on  Monday  crossed  the  sound  and  went 
twelve  miles  up  the  river,  where  his  force  was  increased  to 
one  hundred  and  fifty  men.     Hastening  through  the  wilder- 


CARY  TAKES  UP  ARMS  175 

ness,  on  the  28th  they  reached  Cary's  house  at  Pamlico,  but  2JJ 

he  having  received  notice  of  their  approach,  made  his  escape  Smldre, 
to  Governor  Daniel's  house,  a  few  miles  farther  down  the  C.R.,  1,803 
river. 

The  next  day  Hyde  pursued,  but  found  that  his  delay 
had  been  disastrous.  Cary  had  called  around  him  some 
forty  followers  and  had  so  fortified  himself  that  it  was 
hazardous  to  attack  him. 

On  June  1st  the  forces  of  the  disappointed  governor  with- 
drew, having  only  their  trouble  for  their  pains,  and  having 
by  an  accident  lost  one  of  their  own  men,  a  kinsman  of  the 
governor,  who  unfortunately  was  killed  during  the  expedi- 
tion. So  ended  Hyde's  fiasco,  and  well  indeed  had  it  ter- 
minated there!  Whatever  else  may  have  been  the  disposi- 
tion of  Cary,  he  was  not  a  man  to  shun  danger,  no  matter 
in  what  form  it  came.  He  was  as  resolute  as  he  was  violent, 
and  as  audacious  as  implacable. 

He  at  once  infused  into  the  people  of  Pamlico  that  the  As- 
sembly was  not  called  by  proper  authority,  that  it  was  not 
duly  elected,  that  Hyde  was  not  governor,  having  no  com- 
mission sent  him,  and  therefore  that  he  could  not  comply 
with  this  demand  to  account  with  Hyde  for  money  belonging 
to  the  Lords  Proprietors.  Nor  did  his  efforts  end  in  words. 
He  erected  his  standard  and  gathered  his  forces. 

And  just  then  Captain  Roach,  an  agent  of  Dawson,  one  of  Roach  aids 
the  Lords  Proprietors,  brought  his  vessel  into  Pamlico,  there  cf?M  1,804 
being  among  his  cargo  several  cannon  and  a  quantity  of 
small  arms  and  ammunition.  Roach  vigorously  espoused 
the  side  of  Cary,  and  strengthened  his  cause  as  well  by  de- 
claring that  the  Proprietors  did  not  intend  that  Hyde  should 
be  governor,  as  by  furnishing  the  munitions  and  sinews  of 
war.  A  brigantine  belonging  to  Emanuel  Lowe  was  armed 
with  cannon  and  a  barco-longo  was  also  equipped  for  active 
service. 

All  was  activity  among  the  Presbyterians  and  Indepen- 
dents of  Bath.  And  so  with  Hyde  and  his  supporters  in 
Chowan. 

Pasquotank  and  Perquimans  and  Currituck  seem  not  to 
have  been  involved,  the  Quakers  remaining  quiet  and  the 


176 


THE  CARY  REBELLION 


Spots  wood 
seeks  to 
mediate 
June,  1711 


other  citizens  of  those  counties  responding  but  slowly  to  the 
call  of  the  governor  for  active  support.  Indeed  so  slowly 
did  they  respond  that  Hyde  early  realized  the  superior 
strength  of  his  adversary,  and  at  once  applied  for  aid  to  the 
governor  of  Virginia. 

On  June  13th  Spots  wood,  in  response  to  the  demand,  de- 
termined to  send  a  mediator  to  seek  a  suspension  of  military 
operations  until  the  differences  of  the  contestants  could  be 
laid  before  the  Lords  Proprietors.  To  that  end,  on  June 
20th  he  wrote  letters  to  each,  Hyde  and  Cary,  which  he  sent 
by  Mr.  Clayton,  saying  to  Cary  that  he  had  ever  advised 
Hyde  to  moderation  and  to  endeavor  to  reconcile  and  unite 
both  parties,  and  that  it  was  on  this  basis  that  he  now  pro- 
posed mediation. 

On  June  25th  Clayton  reached  Pollock's  residence,  which 
was  situated  somewhat  west  of  the  site  of  Edenton,  and  on 
the  next  day  delivered  the  letter  to  Cary,  whose  well-manned 
brigantine  and  barco-longo  were  then  sailing  off  some 
twelve  miles  from  Pollock's  in  the  sound. 

Cary  agreed  to  the  proposition  to  meet  Hyde  the  next  day 
at  an  appointed  place,  and  that  in  the  meantime  the  forces 
should  remain  where  they  were.  But  Hyde,  upon  considera- 
tion, found  the  appointed  place  too  inconvenient,  and  sug- 
gested two  other  points  for  a  conference  to  be  held  on  the 
28th.  But  this  proposition,  says  Hyde  himself,  did  not 
reach  Cary  in  time,  because  of  bad  weather,  and  negotia- 
tions thereupon  were  broken  off. 

Clayton  again  visited  Cary  and  delivered  a  second  letter 
from  Spotswood,  withheld  at  first,  threatening  Cary  with 
his  own  armed  interference  if  he  should  not  come  to  terms. 
Cary  now  declared  he  would  make  no  terms,  but  that  he 
would  seize  Hyde  and  his  council,  and  that  Hyde  might  ex- 
pect the  same  fate  that  Colonel  Parke  had  at  Antigua. 

This  threat  produced  a  great  commotion  among  the 
friends  of  Governor  Hyde,  for  two  years  before  Colonel 
Parke,  the  governor  of  the  island  of  Antigua,  one  of  the 
British  Isles  in  the  Caribbean  Sea,  had  after  three  years  of 
tyranny  and  despotic  oppression  been  seized  by  the  outraged 
people,  and  had  been  torn  limb  from  limb ;  a  tragic  fate,  well 
known  in  Virginia,  where  one  of  Governor  Parke's  daugh- 


C.  R.,Il76o 


C.R.,1,795 


Can' 

threatens 
Hyde  with 
Parke's  fate 


HYDE  IS  VICTORIOUS 


177 


C.  R  ,  I% 
7*»f  795 


ters  had  married  Colonel  Custis,  and  was  thus  allied  to  some  lJH 

of  the  first  people  in  that  colony. 

But  Cary's  threats  were  impotent.  His  men  were  not 
equal  to  the  occasion.  On  the  morning  of  June  30th,  he  de- 
termined to  make  the  attempt  to  seize  Hyde,  and  approach-  June  30 
ing  Pollock's  house  that  lay  near  the  water,  he  fired  two  can- 
non from  his  brig  and,  throwing  a  force  into  two  boats, 
made  a  dash  for  the  land. 

But  Hyde  was  prepared,  and  returning  shot  for  shot, 
struck  the  mast  of  the  brig,  and  deployed  his  men  along  the 
shore  ready  for  the  .assault.    Such  an  unexpected  show  of  pe  c.raffen- 
force  struck  terror  into  the  hearts  of  Cary's  men,  who  quickly  Ke,*c.a,iLi 
returned  to  their  vessel  and  sought  to  draw  off.*    Hyde  in  !' 9*8 
turn  manned  some  boats  and  gave  pursuit.    And  now  Cary's 
force  thought  only  of  escape.     The  brig  was  hastily  run 
ashore,  and  the  men  fled  into  the  woods.     When  Hyde's 
boats  approached,  the  brig,  armed  with  six  cannon,  fell  into 
their  hands,  along  with  her  owner,  Emanuel  Lowe,  and  three 
sailors,  who  composed  her  crew. 

Being  favored  by  this  good  fortune,  Hyde  issued  a  procla-  H»££^. 
mation  pardoning  all  who  had  been  led  into  acts  of  violence, 
except  the  chief  movers,  which,  together  with  the  loss  of 
prestige  incident  to  the  miscarriage  of  the  attempt  to  seize 
Hyde,  tended  to  draw  the  people  away  from  Cary,  whose 
forces  rapidly  dispersed.  Roach,  however,  fortified  himself 
at  Pamlico,  and  it  was  said  that  John  Porter  went  among  the 
Indians  and  endeavored  to  persuade  them  to  fall  upon  the 
people  on  the  western  shores  of  Chowan,  the  inhabitants 
there  having  espoused  the  cause  of  Hyde.  The  Indians,  how- 
ever, declined  the  invitation,  if  any  were  indeed  made  to  them. 
In  the  meantime,  Hyde,  flushed  with  his  success  in  capturing 
the  armed  brigantine,  hastily  threw  on  board  of  the  vessel 
a  force  of  his  own  and  sailed  off  to  Pamlico  to  make  an  end  c- R» !» 795 
of  the  matter  by  capturing  Cary  at  Roach's  house,  the  place 
where  he  had  fortified ;  but  again  did  the  governor  find  dis- 
cretion the  better  part  of  valor.    Cary  was  too  strongly  en- 

♦This  sudden  flight  was  probably  due  to  the  appearance  among 
Hyde's  followers  of  Baron  De  Graflfenried's  servant,  in  his  yellow 
coat,  which  led  to  the  impression  that  some  of  the  queen's  troops 
were  present,  it  being  treason  to  make  war  on  them. 


178  THE  CARY  REBELLION 

XJ£  trenched ;  no  attack  was  made,  and  the  expedition  returned 

without  result.     But  Spotswood  having  on  the  application 
of  Hyde  sent  some  marines  to  his  assistance,  the  appearance 
of  these  on  Pamlico,  about  July  ioth,  being  troops  of  the 
queen,    accomplished    the    final    dispersion    of    the    Cary 
forces, 
fwr^nt        Colonel  Cary  and  several  of  his  most  active  supporters 
^England    hastily  proceeded  to  Virginia  to  take  shipping  for  England, 
but  were  there  seized  by  Spotswood,  and,  on  July  31st,  were 
sent  to  England  on  board  a  man-of-war  under  charges  of 
rebellion  and  sedition.    They  arrived  in  London  on  Septem- 
ber 25th,  but  there  being  no  evidence  produced  against  them, 
they  were  discharged. 
"offrts£.wi11       On  November  20th,  within  a  month  after  his  arrival,  we 
State  find  Cary  before  the  Lords  Proprietors  obtaining  copies  of 

the  charges  made  against  him  by  Hyde.  A  year  later  he  had 
returned  to  Carolina,  Hyde  having  been  instructed  by  the 
Lords  Proprietors  not  to  proceed  to  the  punishment  of  any 
of  the  parties  engaged  against  him.  John  Porter  remained 
in  England  and  died  at  Bridgewater  during  the  spring  or 
summer  of  171 3. 

On  the  death  of  Governor  Tynte,  the  Lords  Proprietors 
c.r.,1,750   appointed  Hyde  governor  of  North  Carolina  in  his  own 
right,  and  a  recent  act  of  Parliament  requiring  the  approval 
of  the  Crown,  the  royal  assent  was  given,  and  on  May  9, 
1712,    he    received    his    appointment,    bearing    date    Jan- 
Finai  uary  24th.    Taking  the  oaths,  he  became  Governor  of  North 

ofPNoarthn     Carolina,  being  the  first  appointed  by  the  Lords  Proprietors 
ciro^iuah      since  Ludwell's  time,  and  this  appointment  was  the  begin- 
ning of  the  entire  separation  of  the  government  of  North 
Carolina  from  that  of  the  southern  colony. 


CHAPTER  XV 
The  Tuscarora  War 

The  Indians  disquieted. — Lawson's  activities.— Lawson  executed. — 
The  cause  of  the  Indian  war. — The  massacre. — Preparations  for 
defence. — Active  war. — Gale's  mission  successful. — Barnwell  acts 
vigorously. — War  measures. — Barnwell  makes  a  truce. — Barnwell's 
Indians  return  to  South  Carolina. — Hostilities  renewed. — The  death 
of  Hyde. — Pollock's  truce  with  King  Blount. — James  Moore  arrives. 
— He  takes  Fort  Nohoroco. — Many  Tuscaroras  depart  for  New  York. 
— Major  Maurice  Moore  arrives. — Effects  on  the  settlers. — Harmony 
in  the  colony. — Governor  Eden. — South  Carolina  imperilled. — Aid 
sent. — The  Cores  renew  hostilities. 

The  Indians  disquieted 

In  the  dissensions  of  the  colony,  the  Pamlico  section  ad-  U^l 

hered  to  Cary,  and  the  Indians  of  that  region  were  led  by  the 
execrations  of  the  neighboring  whites  to  regard  the  new  gov- 
ernor as  a  person  to  be  detested  by  them,  while  the  rapid 
extension  of  the  settlements  to  the  southward  and  along  the 
waters  of  the  Pamlico  and  Neuse  raised  apprehensions  lest 
they  should  be  forced  back  and  utterly  expelled  from  their 
old  hunting  grounds.  At  this  time  the  tribes  at  the  north  SePt.,  x7n 
had  dwindled  into  insignificance;  they  were  the  Meherrins, 
the  Nottoways,  and  the  Chowans  on  Bennett's  Creek  and 
the  Pasquotank,  some  of  whom  had  already  fillen  into  the 
habits  of  the  whites,  wore  clothes  and  had  cattle,  making 
butter  for  sale.  On  the  western  frontier,  beginning  in  Vir- 
ginia and  extending  nearly  to  the  Neuse,  were  the  Tusca- 
roras, a  warlike  tribe  of  northern  origin.  They  occupied 
fifteen  towns  and  numbered  altogether  1200  fighting  men. 
Adjoining  them  were  the  Woccoons,  about  one-tenth  their 
number ;  and  a  few  miles  distant  were  the  Pamlicos,  once  an 
important  tribe,  who  had,  however,  been  swept  away  by  a 
fearful  epidemic  some  fifteen  years  before,  and  now  could 
boast  only  fifty  braves.  The  Neuse  and  the  Chautauquas, 
who  occupied  the  region  allotted  to  De  Graffcnried's  colony, 


180  THE  TUSCARORA  WAR 

xj£  were  likewise  weak ;  but  the  tribes  farther  to  the  eastward, 

on  Bear  River  and  Core  Sound,  were  more  populous.  Near 
Bath  was  a  small  tribe  of  Pungos,  and  on  the  sounds  to  the 
south  were  found  the  Coranines;  while  at  Hatteras  lived 
the  remnant  of  a  tribe  now  reduced  to  sixteen  braves,  who 
claimed  that  some  of  their  ancestors  were  white,  and  valued 
themselves  extremely  on  their  kinship  to  the  English,  and 
were  very  friendly.  In  confirmation  of  this  claim,  in  effect 
that  they  were  descended  from  Raleigh's  Lost  Colony,  Law- 
son  declares  that  some  of  them  had  grey  eyes,  a  circum- 
stance not  observed  among  any  other  Indians. 

In  the  distant  interior,  on  the  Eno,  had  been  the  Oc- 
coneechees,  and  nearby  the  Schoccories  and  the  Keiauwees, 
and  farther  south  the  Saponas  and  the  Toteros ;  but  these  a 
few  years  earlier  had  consolidated  and  had  removed  from 
Carolina  into  Virginia,   settling  at  Christianna,  ten  miles 

Byrd's  Div.  north  of  the  Roanoke.  After  remaining  there  some  twenty- 
lnc'  9  five  years,  however,  they  returned  to  Carolina  and  dwelt  with 
the  Catawbas.  In  all,  there  were  some  1500  braves  bor- 
dering on  the  south  and  west  of  the  settlements;  but  the 
Indians  to  the  northward,  nearer  the  Virginia  line,  did  not 
sympathize  in  the  apprehensions  felt  by  the  lower  towns 
concerning  the  encroachments  made  on  the  Pamlico  and 
Neuse  and  were  not  inclined  to  be  inimical  to  the  whites. 

Lawson's  Lawson  had  projected  an  interior  road  from  the  southern 

settlement  to  Virginia,  and  with  a  view  to  locating  it  he  had 
made  a  progress  through  the  region  inhabited  by  the 
Indians ;  he  had  also  as  surveyor  been  conspicuous  in  estab- 
lishing the  Palatines  and  the  Swiss,  and  in  laying  off  planta- 
tions, and  indeed  himself  had  a  large  grant  located  on  the 
Neuse;  and  thus  he  became  an  object  of  particular  resent- 
ment among  the  discontented  Indians. 

sept.  8,  x7xi  Such  was  the  feeling  early  in  September,  some  two 
months  after  the  dispersion  of  Cary's  forces  and  the  flight  of 
his  principal  adherents  from  the  colony,  when  Lawson  and 
Christopher  Gale  and  Baron  De  Graffenried  arranged  for  an 
expedition  up  the  Neuse  and  to  make  a  progress  through  the 
Indian  towns  with  a  view  of  locating  the  proposed  road. 
Gale  was  fortunately  detained,  but  the  baron  and  Lawson, 
accompanied  by  two  negroes,  on  September  8th,  set  out  from 


LAWSON'S  FATAL  EXPEDITION  181 

New  Bern  by  boat  on  the  exploration,  taking  fifteen  days'  %j£ 

provision  with  them.    On  the  evening  of  the  second  day,   IJ»*k*II» 
the  Indians,  discovering  them,  became  alarmed,  and  mistak-  De'Graffcnp 
ing  the  baron  for  Governor  Hyde,  seized  them  and  hurried  dvcCR.,1, 
them  in  great  haste  to  their  king's  town,  on  Cotechney,  where  Spt.f  i7» 
a  council  of  Indian  chiefs  was  speedily  assembled,  by  whom 
both  the  baron  and  Lawson  were  condemned  to  instant 
death. 

De  Graffenried,  however,  with  great  address,  saved  him-  J^JJ^ 
self  by  asserting  that  he  was  not  an  Englishman,  but  a  king 
and  a  friend  of  the  queen  of  England,  who  would  certainly 
punish  them  for  any  violence  done  to  him.  Reprieving 
him,  on  Lawson  they  reaped  their  vengeance  by  a  sum- 
mary execution;  an  unhappy  fate,  in  strange  contrast  with 
the  humane  and  friendly  sentiments  he  had  expressed  in 
his  History  in  regard  to  the  proper  treatment  and  the  wel- 
fare and  happiness  of  these  original  inhabitants  of  the  Caro- 
lina territory.  The  day  following  the  trial  and  execution  of 
Lawson,  the  Indian  chieftains  informed  De  Graffenried  that 
they  had  determined  to  make  war  on  the  English,  and  that 
the  particular  objects  of  their  enmity  were  the  people  on  the 
Neuse,  Pamlico  and  Trent  rivers  and  on  Core  Sound,  for  set- 
tlers had  established  themselves  even  in  that  locality. 

Governor  Pollock,  writing  to  Governor  Spotswood  some  The  cam. 
nine  months  after  the  outbreak,  gives  this  account  of  the  iidbnwar 
origin  of  the  war :  "Our  own  divisions,  chiefly  occasioned  by 
the  Quakers  and  some  few  other  evil-disposed  persons,  hath 
been  the  cause  of  all  our  trouble.  For  the  Indians  being 
informed  by  some  of  the  traders  that  the  people  that  lived 
here  were  only  a  few  vagabond  persons  that  had  run  away 
out  of  other  governments  and  had  settled  here  of  their  own 
head,  without  any  authority,  so  if  they  were  cut  off  there 
would  be  none  to  help  them ;  this,  with  the  seeing  our  own  Hawks,  n, 
differences  rise  to  such  a  height  that  we,  consisting  of  only 
two  counties,  were  in  arms  against  each  other,  encouraged 
them  to  fall  on  the  county  of  Bath,  not  expecting  that  they 
would  have  any  assistance  from  this  county  or  any  other 
English  plantation.  This  is  the  chief  cause  that  moved  the 
Indians  to  rise  against  us  so  far  as  I  can  understand." 

This  internecine  strife  and  bitterness  doubtless  led  the 


434 


\%2 


THE  TUSCARORA  WAR 


adherent* 

th- 

»uHerer% 


Indians  to  consider  that  a  favorable  time  and  opportunity; 
but  the  cause,  the  reason  of  their  enmity,  was  quite  another 
thing.  If  some  of  Hyde's  adherents  are  to  be  believed,  they 
had  during  the  Can*  troubles  declined  to  attack  the  whites, 
although  invited  to  do  so:  and  it  was  only  after  quiet  had 
been  restored  and  Cary  and  Porter  had  been  absent  two 
months  that  hostilities  began.  In  July  some  of  Hyde's  ad- 
herents alleged  that  at  the  time  of  the  dispersal  of  Cary's 
forces,  John  Porter  had  gone  among  the  Tuscaroras  and 
sought  to  incite  them  to  cut  off  the  inhabitants  on  the 
Chowan  who  were  adherents  of  Hyde,  but  they  had  refused 
to  be  drawn  into  such  an  enterprise.  In  the  massacre  now 
resolved  on,  the  upper  towns  of  the  Tuscaroras  again  de- 
clined to  participate ;  but  the  Cotechneys,  the  YVoccoons,  the 
Pamlicos,  the  Cores  and  the  Xeuse  Indians  were  the  chief 
promoters  of  the  murderous  work,  and  the  victims  were  the 
settlers  who  had  located  on  the  frontier  and  who  had  been 
Cary's  supporters.  The  outbreak  was  evidently  an  effort  of 
the  southern  tribes  to  preserve  their  hunting  grounds,  which 
the  settlers  were  now  fast  occupying. 

Five  hundred  warriors,  consisting  of  Indians  from  every 
tribe  on  the  southern  frontier,  having  congregated  at  Han- 
cock's town  on  the  Cotechney,  formed  into  small  bands  and 
dispersed  themselves  as  if  in  a  friendly  way  throughout  the 
Sept. 33,1711  ncw  settlements.  On  the  morning  of  September  22d,  about 
sunrise,  they  fell  upon  the  unsuspecting  planters  in  their 
isolated  homes  and  began  a  fearful  massacre.  In  two  hours 
one  hundred  and  thirty  persons  fell  beneath  their  bloody 
HecrlrNarra-  blows.  On  some  plantations  all,  men,  women  and  children 
tivc.c.R.,!,  aiii<C)  wcre  ruthlessly  and  barbarously  murdered;  at  others, 
the  men  only  were  slain,  and  the  women  and  children  were 
spared  to  be  held,  however,  as  slaves.  In  savage  wrath,  they 
slew  and  burned  and  pillaged,  and  the  entire  region  south  of 
the  Albemarle  was  a  horrid  scene  of  brutal  murder  and  deso- 
lation. The  French  settlers  on  the  Pamlico  suffered  heav- 
ily, eighty  of  De  Graffenried's  colonists  fell  victims,  and  the 
outlying  districts  were  depopulated. 

In  those  hours  of  fearful  calamity,  those  who  fortunately 
escaped  the  first  fury  of  the  savages  fled  in  dismay  to  con- 
venient points  of  refuge.    They  collected  at  Bath  and  at  ten 


The 
mauacre 


^ 


THE  MASSACRE  183 


other   places,   where   they    hurriedly    fortified   themselves  ?" 

against  attack. 

Many  incidents  of  the  butchery  were  heart-rending,  and 
some  of  the  escapes  heroic.  At  the  house  of  John  Porter, 
Jr.,  his  wife,  Sarah  Lillington,  seeing  an  Indian  in  the  act  of 
dashing  her  infant's  brains  out  against  a  tree,  rushed  upon 
him  and  rescued  her  child  from  his  clutches.  Captain  Maule 
being  present,  he  and  Colonel  Porter  seized  their  guns  and 
covering  the  flight  of  the  females,  successfully  beat  off  the 
savages  until  they  had  reached  the  landing,  where  taking  a 
boat  they  pushed  out  into  the  broad  river  and  escaped,  be- 
holding in  the  distance  their  home  enveloped  in  flames. 

For  two  days  the  murderous  bands  glutted  themselves  c.iL,itfa6 
with  blood  and  revelled  in  spoil,  but  on  the  third  day,  the 
plantations  being  deserted,  laden  with  booty  and  carrying 
eighty  women  and  children  preserved  as  captives,  they  re- 
turned to  their  fort  on  the  Cotechney.  The  dead  lay  un- 
buried  in  that  hot  September  sun,  food  for  the  vultures, 
the  dogs  and  wolves.  Many  bodies  were  shockingly  muti- 
lated, and  others  fancifully  arranged  by  the  savages  in  their 
wild  and  merry  glee.  Mr.  Nevill,  an  old  gentleman,  was  laid 
on  his  floor  with  a  clean  pillow  beneath  his  head,  which  was 
ornamented  with  his  wife's  head-dress,  and  his  body  de- 
cently covered  with  new  linen;  while  Mrs.  Nevill  was  set 
upon  her  knees  in  the  chimney  corner,  her  hands  lifted  up  as 
if  in  prayer ;  and  a  son  was  laid  out  in  the  yard  with  a  pillow 
under  his  head  and  a  bunch  of  rosemary  at  his  nose. 

Fugitives -from  their  homes,  with  their  butchered  friends 
unburied,  the  air  polluted  from  their  decomposing  remains, 
the  survivors  of  Bath  County  kept  watch  and  ward  at  the 
asylums  they  had  gained,  in  momentary  dread  of  the  reap- 
pearance of  the  foe,  while  the  other  settlements  were  paral- 
yzed with  fear  lest  the  whole  colony  should  be  destroyed. 

Although  a  blow  so  sudden  and  unexpected,  so  terrible  Effects 
and  shocking,  at  first  staggered  even  the  most  resolute,  Gov- 
ernor Hyde  and  the  leaders  in  Albemarle  speedily  took  such 
measures  of  safety  as  were  open  to  them.  Since  the  Quakers 
would  not  bear  arms,  but  little  aid  could  be  expected  from 
them,  while  the  inhabitants  west  of  the  Chowan  being  them- 
selves apprehensive  of  attack,  assembled  in  strongholds  for 


of  the 
massacre 


184  THE  TUSCARORA  WAR 

U£  their  own  protection.    But  factions  were  hushed  and  former 

opponents  vied  with  each  other  in  patriotic  efforts  for  the 
common  weal.  Information  was  hurriedly  despatched  to 
Governor  Spotswood,  who  caused  some  of  the  Virginia 
militia  to  collect  near  the  Tuscarora  towns  bordering  on  the 
Virginia  line,  and  sought  to  enlist  the  upper  Tuscaroras  in 

c.r.,  i,8i5  the  SUppression  Qf  the  hostile  Indians.  As  an  inducement 
to  engage  their  assistance,  he  offered  six  blankets  for  the 
head  of  every  enemy  they  would  bring  him  and  "the  usual 
price  for  the  women  and  children  as  slaves."    These  towns, 

Oct.  15,  i7«  however,  asked  for  a  month  to  consider  the  proposal,  and 
then  determined  to  remain  neutral ;  but  fearful  of  their  defec- 
tion, the  hostile  tribes  sent  their  women  and  children  toward 
the  Cape  Fear,  leaving  only  the  warriors  in  their  own  terri- 
tory ;  and  then  they  again  began  to  roam  throughout  the 
Pamlico  region,  and  collisions  between  their  bands  and  the 
inhabitants  were  of  frequent  occurrence. 

cr^mU  Indeed,  with  the  opening  of  October,  companies  having 
been  organized  and  equipped,  active  warfare  was  inaugu- 
rated ;  and  scouting  parties  sent  out  from  the  forts  were  am- 
bushed and  often  sustained  heavy  losses.    A  company  of  fifty 

c.  r.,  i,8»6  men  approached  one  of  the  Indian  strongholds  and  was  re- 
pulsed by  three  hundred  braves.  Early  in  that  month  Cap- 
tain Brice,  who  commanded  at  Bath,  sent  off  some  fifty  men 
for  special  service,  and  the  Indians  fell  upon  them  in  the 
woods,  and  for  three  days  a  desultory  battle  was  maintained, 
the  whites  eventually  being  driven  in  with  considerable  loss. 
Taking  advantage  of  the  absence  of  this  detachment,  the 
garrison  then  being  reduced  to  only  a  hundred  men,  another 
force  of  Indians  attacked  it,  while  a  number  of  Indian 
prisoners  within  the  fort  rose  and  took  the  whites  in  the 
rear.  The  males  of  the  latter,  however,  were  quickly  de- 
spatched and  the  women  and  children  secured,  and  then  the 
assault  was  successfully  repulsed.  Of  the  captives  within 
the  fort,  thirty-nine  women  and  children  were  then  sent 
abroad  and  sold  as  slaves. 

Gaie>  Christopher  Gale,  the  receiver-general,  having  been  sent 

sM^ufui       to   Charleston   by   sea   to   solicit   aid,   the   South   Carolina 

c.  r.,  1, 8a8  Assembly  promptly  responded  with  assistance.  Colonel 
Hugh  Grange,  with  others,  was  elected  to  secure  the  neces- 


SOUTH  CAROLINA  SENDS  AID  185 

sary  supplies,  and  Colonel  John  Barnwell  was  appointed  to  ^ 

the  command.  Gale  hastened  back  on  his  return  voyage 
from  Charleston,  bringing  a  considerable  supply  of  ammu- 
nition, but  he  was  taken  prisoner  by  the  French  and  was 
detained  for  several  months.  In  the  interval  during  his 
absence,  the  North  Carolina  government  receiving  no  infor- 
mation from  him  relative  to  the  result  of  his  mission,  again 
sent  a  despatch  boat  to  Charleston  asking  aid,  and  Barn- 
well's force,  largely  drawn  from  friendly  Indians,  was  hur- 
ried forward. 

North  Carolina  was  the  dividing  ground  between  the 
northern  and  southern  Indians,  and  there  was  no  affinity 
between  the  Indians  of  South  Carolina,  who  had  originally 
come  from  beyond  the  Mississippi  River,  and  those  of  east- 
ern North  Carolina,  who  had  at  some  previous  time  migrated 
from  the  northward ;  and  the  southern  Indians  were  not 
averse  to  availing  themselves  of  this  opportunity  of  attack- 
ing the  Tuscaroras  and  the  neighboring  tribes,  expecting 
to  make  profit  from  the  sale  of  their  prisoners  as  slaves. 

Barnwell,  his  troops  consisting  of  fifty  whites  and  some 
Cherokees  and  Creeks,  passed  along  the  Santee  to  the  Con- 
garees,  then  up  the  Wateree  River  to  the  vicinity  of  the 
Catawbas,  near  where  Charlotte  is,  embodying  detachments 
of  all  these  tribes  in  his  force.  He  then  came  east  to  the  McCrady** 
Yadkin  and  crossed  the  Cape  Fear  below  the  junction  of  Carolina,  i, 
the  Haw  and  Deep  and  then  pursued  a  northeast  course,  J^?a 
striking  the  Cotechney  at  an  Indian  town  called  Torhunte, 
eventually  arriving  on  the  lower  Neuse  on  January  28th.* 
He  seemed  to  have  followed  a  trading  path  used  by  the 
Indians  and  traders  leading  from  Torhunte  to  the  Catawbas, 
a  shorter  course  than  that  generally  taken  by  the  Virginia 
traders,  who,  crossing  the  Roanoke  higher  up,  came  by  a 
route  near  Oxford  and  Hillsboro  to  the  trading  ford  near 
Salisbury  and  then  down  to  the  Catawbas.  But  his  progress 
through  the  wilderness  was  difficult  and  attended  with  much 
delay  and  suffering  for  the  want  of  provisions. 

*He  had  2t8  Cherokees  under  Captains  Harford  and  Turstons, 
79  Creeks  under  Captain  Hastings,  41  Catawbas  under  Cautey,  and 
28  Yamassees  under  Captain  Pierce. 


i86 


THE  TUSCARORA  WAR 


I7H 

cTr .,  I,  899 


Hawks,  II, 
537 


Fort 
Cotcchney 


War 

measures 


C.  R.,  I, 

837-839 


April,  171a 


Assembly 
dissolved, 
May  10, 171a 


Barnwell  acts  vigorously 

On  reaching  New  Bern,  Barnwell  acted  with  great  vigor, 
and  immediately  fell  upon  the  hostiles  some  twenty  miles 
above  New  Bern,  killing  three  hundred  and  taking  more 
than  a  hundred  prisoners.  But  as  soon  as  this  victory  was 
won,  half  of  his  force,  satisfied  with  their  booty,  deserted 
him  and  returned  to  South  Carolina,  carrying  their  prison- 
ers, who  were  shipped  to  the  West  Indies  to  be  sold  into 
slavery.  Notwithstanding  his  force  was  now  much  reduced, 
Barnwell  pursued  the  enemy  until  they  retired  into  a 
stronghold  which  they  had  fortified  on  a  high  and  inacces- 
sible bluff  overlooking  the  river,  which  could  not  be  attacked 
with  advantage.  Withdrawing  from  that  section,  he  led 
his  Indians  some  thirty  miles  to  the  east  of  New  Bern,  where 
he  encountered  the  Cores  and  drove  them  from  their  towns, 
and  pursued  them  with  such  fury  that  a  great  many  were 
slain.  On  his  return  he  was  reinforced  by  two  hundred 
and  fifty  whites,  under  Captains  Brice,  Boyd,  and  Mit- 
chell, and  together  they  assaulted  Fort  Cotechney,  or  Han- 
cock's Fort,  near  the  site  of  Snow  Hill,  but  were  driven 
off.  Nevertheless,  the  people  felt  so  relieved  by  his  pres- 
ence, and  were  so  elated  from  their  former  despondency  by 
the  result  of  his  movements,  that  when  the  Assembly  met  it 
adopted  an  address  to  the  Lords  Proprietors  in  high  praise 
of  him. 

To  carry  on  the  war  heavy  duties  had  been  laid  on  both 
exportations  and  importations,  and  now  the  legislature 
authorized  the  issue  of  £4,000  of  paper  currency,  the  first 
of  such  currency  issued  by  the  colony;  and  urgent  applica- 
tion was  made  to  Virginia  for  two  hundred  white  soldiers 
from  that  province.  Governor  Spotswood  undertook  to 
raise  such  a  force,  but  ascertaining  that  the  North  Carolina 
authorities  had  made  no  provision  either  for  their  pay  or 
their  maintenance,  and  meeting  with  obstacles  because  of 
opposition  in  the  Virginia  Assembly,  he  found  it  imprac- 
ticable to  proceed.  Under  the  circumstances,  as  the  expendi- 
ture would  be  for  the  Lords  Proprietors,  he  suggested  that 
the  territory  north  of  the  Albemarle  should  be  mortgaged 
to  secure  the  repayment  of  the  money  that  would  have  to 
be  advanced  for  the  purpose,  but  since  the  Assembly  had  no 


r\ 


A  CESSATION  OF  HOSTILITIES  187 

authority  to  enter  into  such  an  agreement,  those  terms  could  jyj; 

not  be  accepted  by  it,  and  the  desired  assistance  was  not  fur- 
nished by  Virginia. 

In  April,  Barnwell  proposed  to  make  another  attack  on  Barnwell 
Fort  Cotechney,  and  at  the  suggestion  of  De  Graff  enried,  SHoT* 
who,  having  been  released,  was  now  again  in  the  settlement, 
some  cannon  were  carried  through  the  forest,  borne  on  long 
shafts  with  a  horse  in  front  and  one  behind,  and  these  were 
well  placed  to  bombard  the  stronghold.  When  all  was  in 
readiness  for  the  assault  the  cannon  were  discharged  and 
hand  grenades  were  thrown  into  the  fort;  and  these  unac- 
customed instruments  of  warfare  so  terrified  the  Indians 
that  they  begged  for  a  truce.  A  council  of  war  was  held 
by  Barnwell  and  his  officers,  and  since  it  was  feared  that 
the  large  number  of  women  and  children  held  prisoners  by 
the  Indians  would  be  massacred  in  the  melee  if  the  fort  were 
carried  by  assault,  a  truce  was  granted  upon  the  condition 
that  all  the  white  prisoners  should  be  immediately  released, 
and  with'  the  expectation  that  it  would  eventually  be  fol- 
lowed by  a  lasting  peace. 

This  failure  to  press  the  Indians  to  an  extremity  at  that  Sjltwied 
favorable  time  created  dissatisfaction  on  the  part  of  the  SJSiwdi 
governor  and  his  council  with  Barnwell,  who  nevertheless 
justified  it  by  in  turn  complaining  that  his  troops  were  not 
furnished  with  provision  and  that  a  cessation  of  the  siege 
was  desirable  on  that  account. 

Deplorable  indeed  was  the  condition  qi  the  unfortunate 
captives  now  restored  to  freedom,  being  bereft  of  husbands 
and  fathers  and  their  homes  destroyed  by  the  barbarous 
savages;  widows  and  orphans,  they  were  helpless  depen- 
dents upon  the  charity  of  people  whose  own  necessities  were 
great,  but  for  the  moment  they  were  transported  with  joy 
at  their  happy  deliverance  from  impending  death,  and  with 
grateful  hearts  blessed  those  who  had  rescued  them  from  a 
fearful  fate. 

Barnwell's  Indians  were  disappointed  at  the  truce  and  ces-  Bamweir* 

e  •  11/1  t  •  Indians 

sation  of  operations,  as  they  had  hoped  to  take  more  prison-  return  to 
ers  and  to  profit  by  their  sale ;  but  he  withdrew  to  New  Bern,  cJroiina 
where  provisions  could  be  had  ;  and  after  a  few  weeks,  under 
the  pretence  of  a  good  peace,  he  lured  the  eastern  Indians 


1 88 


THE  TUSCARORA  WAR 


to  the  vicinity  of  Core  village,  where  his  savages  fell  upon 
them  unawares  and  took  prisoners  many  women  and 
children. 

The  South  Carolina  Indians  now  hurried  home  with  their 
captives,  leaving  Barnwell  and  the  companies  raised  in 
Albemarle  to  carry  on  the  hostilities  which  this  breach  of 
faith  naturally  engendered.  On  July  5th  Barnwell  himself 
was  wounded,  and  taking  shipping,  he  returned  to  Charles- 
ton, promising,  however,  to  use  his  best  endeavors  to  have 
other  assistance  sent. 


Barnwell 

leaves 

North 

Carolina 

C.R.,1904 


Summer  of 
171a 


Hostilities  renewed 

As  long  as  Barnwell's  force  was  on  the  Pamlico  the  enemy 
had  been  held  in  check,  but  now  that  the  country  was  clear, 
furious  at  the  treacherous  breach  of  the  truce,  the  hostile 
Indians  became  very  active,  and  again  was  the  region  south 
of  the  Albemarle  a  scene  of  bitter  warfare.  The  farms  were 
deserted,  the  crops  abandoned,  and  the  inhabitants  again 
assembled  in  their  garrisons  for  mutual  protection;  while 
around  those  places  of  refuge  hostile  bands  incessantly 
prowled,  scalping  all  who  fell  into  their  hands.  A  small 
number  of  Yamassees,  however,  had  remained,  and  under 
Captain  Mackay  did  good  service  near  Bath ;  but  the  sav- 
ages roamed  at  will  throughout  the  country  at  large,  devas- 
tating the  plantations  and  confining  the  people  to  their 
forts;  and  so  another  summer  was  passed  with  no  crops 
made  and  the  Pamlico  and  new  settlements  in  a  state  of 
siege. 

Fully  aroused  to  the  necessity  of  decisive  action,  the 
Assembly  now  made  a  draft  of  the  entire  fighting  population 
.  .,  ,877  tQ  subcille  the  enemy,  and  all  who  would  not  enroll  them- 
selves as  soldiers  were  to  forfeit  £5  for  the  maintenance  of 
the  struggle.  In  addition  to  the  garrisoned  plantations,  two 
considerable  forts  were  now  erected,  one  at  Core  Point,  on 
the  sound,  in  the  vicinity  of  the  Core  Indians,  and  one  at 
Reading's  plantation,  on  the  Tar  River,  in  the  section 
open  to  the  Cotechneys.  But  although  the  emergency  was 
so  great,  many  were  discontented  at  the  strenuous  measures 
of  the  administration,  and  some  of  the  inhabitants  left  their 
homes  and  fled  to  Virginia. 


A  call  to 
arms//* 
masst 


Fort* 
erected 


/ 


THE  WAR  PROSECUTED  189 

In  the  midst  of  these  difficulties  the  yellow  fever  broke  out  *j£ 

in  the  colony,  and  Colonel  Hyde,  who  had  received  his  com-  ^JSe,  w°l 
mission  as  governor  only  that  May,  was  taken  with  a  violent  c.  r.',i,&9 
fever  and  died  on  September  8th,  after  a  week's  illness. 
Fortunately,  Colonel   Pollock   was   ready   to  continue  the 
administration  as  president  of  the  council,  for  he  had  large 
experience  and  great  ability,  and  could  command  the  confi- 
dence not  only  of  the  inhabitants,  but  of  the  authorities  in 
Virginia  and  of  South  Carolina.    A  packet  ship  had  been  ^^s 
employed  to  ply  between  the  province  and  Charleston,  and 
Governor  Craven  had  already  agreed  to  send  an  additional 
force  of  friendly  Indians,  the  charges  to  be  paid  in  North 
Carolina  bills,  and  President  Pollock  sought  to  infuse  into 
the  people  confidence  and  hope,  although  at  the  moment 
affairs  seemed  desperate.    Captain  Byrd,  who  had  been  sent 
on  an  expedition,  fell  into  an  ambuscade,  and  he  himself  Lomm 
was  killed  and  many  of  his  men  slain;  and  in  September 
Colonel  Mitchell  and  Colonel  Mackay,  who  had  with  them 
one  hundred  and  forty  men,  were  defeated  and  compelled 
to  abandon  the  enterprise  they  had  undertaken. 

There  was  unexpected  delay  in  starting  the  expedition 
from  South  Carolina,  but  Governor  Craven  hurried  on  some  Sept"  ,yla 
barrels  of  powder  and  shot  and  twenty  guns,  which  were 
supplied  to  the  forces  then  at  Coretown  Fort,  who  were 
awaiting  the  arrival  of  reinforcements  before  again  pro- 
ceeding to  assault  Fort  Cotechney.  In  the  meanwhile  the 
Indians  had  attacked  Fort  Reading,  on  the  Tar,  and  also  had 
made  an  assault  on  the  garrison  at  Colonel  Jones's  plantation, 
near  the  mouth  of  the  Pamlico,  but  were  successfully  re- 
pulsed in  both  instances. 

Pollock's  truce  with  King  Blount 

But  while  preparing  for  a  protracted  struggle,  Colonel 
Pollock  had  wisely  renewed  negotiations  with  Tom  Blount, 
the  king  of  the  Upper  Tnscaroras,  and  toward  the  end  of 
September  succeeded  in  arranging  with  him  to  seize  Han- 
cock, the  chief  of  the  Cotechney  Indians,  and  bring  him  in  gj^gg1, 
alive  with  a  view  to  making  peace.  Indeed,  the  hostiles 
themselves  were  in  distress  for  the  want  of  food ;  and  at 
length,  through  King  Blount,  a  truce  was  agreed  on  to  last 


C.  R.,  I,  88a 


190 


THE  TUSCARORA  WAR 


Tames 
Moore 
arrives 
Dec.  s. 


C.  R.,  I,  89a 


until  January  1st,  and  in  the  interval  the  Tuscaroras  were 
to  cut  off  all  those  who  had  participated  in  the  massacre  and 
were  to  surrender  a  number  of  the  chief  men  from  each 
of  the  six  Indian  forts  as  hostages  for  the  good  behavior  of 
the  hostile  tribes. 

Before  the  truce  had  expired,  the  new  army  from  South 
Carolina,  consisting  of  thirty-three  whites  and  a  thousand 
friendly  Indians  under  Colonel  James  Moore  arrived  on  the 
Neuse,  and  moved  to  the  Chowan  for  convenience  in  obtain- 
ing needed  provisions  until  it  was  seen  whether  the  Indians 
would  surrender  the  hostages  as  agreed  on.  This  they  failed 
to  do,  and  preparations  were  made  to  strike  a  blow  that 
would  break  their  power. 

The  facilities  for  reaching  the  Pamlico  and  Neuse  and 
even  Core  Fort  by  water  transportation  had  been  of  great  ad- 
vantage during  the  war,  and  now  the  necessary  supplies  were 
sent  forward  by  boat,  and  on  January  17th  Colonel  Moore 
marched  from  Chowan,  but  a  heavy  snow  falling,  he  was 
obliged  to  remain  inactive  at  Fort  Reading  on  the  Tar  until 
February.  In  the  meantime,  the  Indians  had  fortified  them- 
selves in  two  strongholds,  one,  Cohunche,  which  was  Han- 
cock's fort  on  the  Cotechney,  and  the  other  called  Fort 
Nohoroco. 

At  length,  all  being  in  readiness  and  his  army  being  rein- 
forced by  a  considerable  number  of  whites  raised  in  the 
colony,  among  them  a  company  under  Captain  Maule,  on 
March  20th  Colonel  Moore  invested  Fort  Nohoroco,  and 
after  three  days'  hot  fighting  took  it.  His  loss  was  46  whites 
and  91  friendly  Indians,  while  he  took  392  prisoners  and  192 
"scalps,"  and  reported  200  others  killed  and  burned  within 
the  fort  and  166  killed  and  taken  outside  of  the  fort  in  a 
scout.  In  all,  the  Indian  loss  was  about  800.  This  was  per- 
haps the  severest  battle  ever  fought  with  the  Indians  up  to 
that  time.  It  broke  the  power  of  the  Tuscaroras,  and  al- 
though there  were  emissaries  from  the  New  York  Indians, 
urging  them  to  persist  in  hostilities,  they  now  made  peace, , 
surrendering  all  of  their  prisoners  and  delivering  up  twenty 
of  their  chief  men  to  Colonel  Moore. 

Soon  afterward,  the  greater  part  of  this  powerful  tribe, 
including  those  in  Fort  Cohunche,  retired  up  the  Roanoke 


1713 


Indian  forts 


He  takes 

Fort 

Nohoroco 


March  23, 
1713 


C.  R.,  II, 

19,  27-29 

Indian 
power 
broken 


The 

Tuscaroras 
move  north 


\ 


THE  INDIAN  POWER  BROKEN  191 

and  removed  to  New  York  and  became  the  sixth  nation  »7!> 

there.  Hardly  had  the  fort  been  taken,  before  many  of  the 
South  Carolina  Indians  hurried  home  to  sell  their  prisoners ; 
so  that  Colonel  Moore  was  left  with  only  one  hundred  and 
eighty  of  those  who  came  with  him.  These  scouted  the  '  ,J9 
woods,  seeking  other  prisoners  until  June,  when  Colonel 
Moore  collected  them  and  marched  against  the  Mattamus- 
keets,  who  had  fallen  on  the  inhabitants  of  Croatan  and 
of  Roanoke  Island,  and  on  the  planters  of  Alligator  River 
and  had  butchered  forty-five  of  them.  On  the  approach  of 
Colonel  Moore,  these  savages  quickly  dispersed  in  the  »4s'  * 
swamps  of  Hyde,  but  Moore  pursued  them  with  vigor  and 
broke  them  up. 

In  the  meantime  another  detachment  of  friendly  Indians,  Ma|ir|ct 
under  Major  Maurice  Moore,  hoping  to  take  more  prison-  Moow 
ers,  had  started  from  South  Carolina;  but  Colonel  Pol- 
lock stopped  them  and  sent  them  back;  and  in  September 
Colonel  Moore  himself  returned  home,  having  won  high 
praise  for  his  bravery  and  wisdom,  and  leaving  many  grate- 
ful hearts  among  those  he  had  rescued  from  captivity  and 
saved  from  death.  His  brother  Maurice,  however,  remained, 
and  having  married  Mrs.  Swann,  the  widow  of  Colonel 
Swann,  became  the  brother-in-law  of  Edward  Moseley,  and 
being  allied  with  the  strongest  family  connection  in  the 
province,  for  a  generation  exerted  a  large  influence  in  its 
affairs. 

During  these  perilous  times  many  of  the  Huguenots  who 
had  established  themselves  on  the  exposed  frontier  accom- 
panied their  pastor,  Philippe  de  Richebourg,  and  joined  their 
brethren  on  the  Santee;  while  De  Graffenried,  who  after  a 
six  weeks'  detention  with  the  Indians  had  been  released 
through  the  efforts  of  Governor  Spotswood,  but  who  had 
for  himself  and  his  colonists  made  a  treaty  of  neutrality  with 
the  hostile  Indians,  now  sought  to  protect  his  colonists,  and 
later  intended  to  remove  them  to  the  Potomac ;  but  a  series 
of  misfortunes  interfered,  and  after  mortgaging  the  land  he 
had  obtained  from  the  Lords  Proprietors  to  Colonel  Pollock  Dc  Gmffcn- 
to  secure  the  advances  made  for  his  people,  in  the  spring  of  to  England 
1 71 3  he  sailed  from  New  York  for  England.  His  Swiss 
and  Palatines  remained,  and,  indeed,  the  pacification  of 


192  THE  TUSCARORA  WAR 

y_3  the  hostile   Indians   was   followed   by  a  quick  expansion 

of  the  settlements  to  the  southward.    On  Core  Sound  and 
North  River   lands   patented   "during  Cary's   usurpation" 
mss  were  now  occuP*ed;  and  in  October,   1713,  the  town  of 

camJS  Beaufort  was  laid  off  into  lots,  which  were  sold  to  pur- 
Coumy  chasers.  The  following  February  tracts  of  land  were  taken 
up  on  Bogue  Sound.  To  the  northward,  in  November,  1713, 
a  grant  was  issued  to  John  Porter  for  7000  acres  between 
Drum  Inlet  and  Topsail  Inlet,  including  Point  Lookout.  It 
was  recited  that  this  land  had  been  surveyed  before  the  in- 
structions prohibiting  such  grants. 
Harmony  All  the  inhabitants  being  concerned  in  the  common  de- 

ioiony  fence  a  spirit  of  harmony  and  co-operation  was  fostered,  and 
c.^r.,11.  Colonel  Pollock  bore  testimony  that  the  Quakers  had  con- 
Srf§Nam£  tributed  more  aid  than  he  had  expected  from  them ;  but  he 
dve  never  became  reconciled  to  Moseley,  attributing  to  his  in- 

fluence the  previous  internecine  trouble  of  the  colony,  and 
ascribing  to  him  a  purpose  to  cause  Barnwell  to  be  ap- 
pointed governor  in  place  of  Hyde,  and  alleging  that  Barn- 
well's truce  with  the  Indians  was  a  movement  to  that  end. 
This  appears,  however,  to  be  only  another  illustration  of  the 
distorted  views  which  personal  antagonisms  and  animosi- 
ties were  responsible  for  in  that  period  of  our  history ;  and 
indeed  Governor  Spotswood  took  occasion  to  recommend  to 
Pollock  that  he  should  abate  somewhat  his  enmity  to 
Moseley. 

After  Colonel  Hyde  was  established  in  the  government, 
the  proceedings  of  the  Cary  courts  were  declared  void,  and 
doubtless  the  justices  were  superseded  by  other  appoint- 
ments. William  Glover,  who  would  naturally  have  been  des- 
ignated as  the  presiding  justice,  was  dead  in  October,  171 1, 
and  the  court  was  then  presided  over  by  Nathaniel  Chevin, 
one  of  the  oldest  of  the  councillors.  On  the  return  of 
Christopher  Gale  to  the  province  after  his  capture  by  the 
French  on  his  way  from  his  mission  to  South  Carolina  for 
aid,  he  was  appointed  colonel  of  the  militia  of  Bath  County, 
and  in  July,  1712,  he  began  to  execute  the  office  of  chief 
March,  1713  justjce<  an(]  jn  March,  1713,  used  that  title.  In  Janu- 
ary, 1716,  he  received  his  commission  as  chief  justice  from 


1.  St.  Thomas's  Church,  Bath 

S.  Philip  Ludwell  3.  Christopher  Gale 

4.  Book- Plate  and  Autograph  of  Edward  Moseley 


EDEN  BECOMES  GOVERNOR 


193 


the  Lords  Proprietors.    As  far  as  appears,  he  was  the  first 
chief  justice  of  the  province.* 


Charles  Eden  governor 

On  learning  of  the  death  of  Governor  Hyde,  the  Lords 
Proprietors  appointed  Charles  Eden  to  succeed  him,  and  the 
new  governor  arrived  in  the  colony  and  took  the  oath  of 
office  in  May,  17 14.  Although  all  was  quiet  at  that  time, 
shortly  thereafter  about  thirty  braves  of  the  Cores  and  other 
neighboring  tribes,  who  had  suffered  so  heavily  during  the 
war,  in  revenge  for  their  losses,  began  a  systematic  course  of 
irregular  warfare.  One  day  they  would  massacre  in  one 
vicinity,  and  a  few  days  later  they  would  appear  many  miles 
away  and  cut  off  unsuspecting  families.  And  soon  their 
numbers  increased  until  they  were  estimated  at  two  hundred 

♦Dr.  Hawks  mentions  that  Edward  Moseley  was  chief  justice  from 
1707  to  171 1.  The  writer  has  been  unable  to  find  that  there  was  any 
chief  justice  in  the  province  before  17 13.  Major  Sam  Swann  was 
the  senior  justice  of  the  general  court,  after  the  governor  ceased 
presiding  over  the  court,  from  1697  until  his  retirement  in  1703. 
Then  William  Glover,  who  was  next  in  commission,  was  the  senior 
justice  until  1706,  when,  on  the  departure  of  Governor  Cary  from 
the  colony,  Glover  became  president  of  the  Council,  and  Christopher 
Gale,  who  had  been  a  justice  of  the  court  from  1703,  became  the 
presiding  justice.  He  presided  during  the  year  1707,  and  perhaps 
until  the  overthrow  of  the  Glover  government  in  the  summer  of 
1708,  when  with  Pollock  and  Glover  he  probably  left  the  colony.  On 
the  accession  to  power  of  the  Cary  faction,  in  1708.  all  court 
proceedings  for  nine  months  were  annulled  and  declared  void;  and 
on  the  incoming  of  Hyde,  three  years  later,  the  court  proceedings 
for  the  two  years  of  Cary's  administration  were  likewise  annulled. 
Moseley  may  have  been  chief  justice  during  Cary's  administration, 
but  the  writer  has  found  nothing  to  indicate  it.  He  was  not  licensed 
to  practise  until  1714.  Tn  171 1  the  court  was  held  by  Nathaniel 
Chevin,  Francis  de  la  Mere,  and  Jonathan  Jacocks.  At  the  general 
court  held  July  29,  1712.  the  justices  were  Christopher  Gale,  William 
dc  la  Mere,  Thomas  Relfe,  and  Thomas  Garrett.  There  was  no 
chief  justice.  At  the  general  court,  March,  1713,  Gale  presided 
under  the  title  of  chief  justice.  Somewhat  earlier,  perhaps,  the 
receiver-general  had  instructions  from  England  to  pay  £60  for  the 
support  of  the  chief  justice,  and  in  April,  1713,  the  council  resolved 
that  Gale  was  entitled  to  this  compensation,  "as  he  had  executed 
that  office  from  July  1,  1712."  He  executed  the  office,  but  probably 
held  no  appointment  as  chief  justice.  It  seems  that  because  of  this 
provision  of  £60  for  the  support  of  the  chief  justice.  Gale  was 
appointed  to  that  office  in  the  spring  of  1713.  In  1715  the  Lords 
Proprietors  commissioned  him  as  chief  justice,  and  he  was  sworn  in 
January  21,  1716. 


Cores  on  the 
war  path 


Hawks,  II, 
»3» 


Proceedings 
annulled 


C.  R,  II. 

34.  80,917 


194 


THE  TUSCARORA  WAR 


South 

Carolina 

imperilled 


U**  hostiles.     Again  alarm  seized  the  people,  and  some  deter- 

mined on  flight  to  Virginia.  To  prevent  that  exodus,  a 
proclamation  was  issued  forbidding  such  removals;  and 
Governor  Spotswood  gave  orders  for  the  arrest  of  any  who 
should  come  into  that  province  without  a  passport  from  the 
North  Carolina  authorities.  Garrisons  were  again  posted  on 
the  southern  frontier,  and  parties  of  whites  and  friendly 
Indians  were  sent  out  to  suppress  the  enemy;  but  at  length 
Feb.  11,17x5  on  February  11,  1715,  a  treaty  was  made  with  the  Cores 
and  their  allies  by  which  they  were  to  observe  peace, 
and  territory  on  Mattamuskeet  was  assigned  them  for 
occupancy. 

Hardly  had  this  peace  been  concluded  before  information 
was  received  of  a  very  extensive  uprising  of  the  Indians  in 
South  Carolina,  threatening  the  utter  destruction  of  that 
colony.  The  Yamassees  near  the  Savannah  River  having 
been  instigated  by  the  Spaniards,  to  the  number  of  6000, 
suddenly  fell  on  the  planters,  and  killed  400  whites,  While 
650  braves  of  the  Catawbas  and  Cherokees  came  down  the 
Santee,  driving  those  who  escaped  into  Charleston  for  safety. 
Governor  Craven's  energy  and  determined  spirit  alone  saved 
them.  Enrolling  every  man  into  the  militia,  he  drove  the 
Yamassees  back  beyond  their  old  territory  and  expelled  them 
from  Carolina.  Toward  the  last  of  May,  the  North  Carolina- 
council  ordered  that  ten  men  should  be  drawn  from  each  of 
the  three  companies,  forming  the  "Governor's  Own  Regi- 
ment," and  that  Colonel  Theophilus  Hastings  should  proceed 
with  them  by  water  to  Charleston ;  and  also  that  fifty  men 
should  be  sent  by  land  under  Colonel  Maurice  Moore. . 

The  route  taken  by  Colonel  Maurice  Moore  was  by  New 
Bern  down  the  coast  to  Old  Town,  then  along  the  coast  by 
land  to  the  vicinity  of  Charleston,  where  he  was  largely  re- 
inforced. He  then  proceeded  to  Fort  Moore,  on  the  Savan- 
nah, seventy-five  miles  north  of  Augusta,  and  from  there  to 
the  northwest,  through  Rabun  Gap,  against  the  Cherokee 
Indians. 

Colonel  Moore  and  his  force  were  fortunate  in  rendering 
such  valuable  service  in  South  Carolina  that  the  General  As- 
sembly of  that  province  invited  him  to  its  floor  and  thanked 
him  in  person  for  his  aid;  to  Colonel  Hastings  they  after- 


c.  RM  II, 

180 


Colonel 
Maurice 
Moore's 
expedition 


AID  TO  SOUTH  CAROLINA  195 

ward  paid   £250  for  his  services,  and  to   Colonel   Moore  XJ^1 

they  made  a  gift  of  £  100.  Indeed,  the  situation  in  South 
Carolina  became  so  critical  that  application  was  made  at 
London  for  troops  and  munitions  to  be  sent  from  England, 
and  the  Lords  Proprietors  admitting  their  inability  to  pro- 
tect their  Carolina  possessions,  the  matter  of  their  purchase 
was  considered  by  the  Crown,  but  no  definite  action  was 
then  taken. 

In  the  fall  of  that  year,  the  Cores  broke  their  peace  and  ^J^^0"* 
killed  some  settlers,  and  the  council  resolved  that  that  tribe  {^{pf, 
should  be  exterminated ;  and  again  companies  were  raised  to  ^  "' 
carry  on  hostilities,  generally  composed  of  ten  whites  and 
some  auxiliary  Indians,  who  made  profit  in  taking  the  hos- 
tiles  alive  and  selling  them  as  slaves.    This  desultory  warfare 
continued  for  about  three  years,  rangers  being  required  to 
clear  the  woods  and  protect  the  settlers  from  massacre.  How  x7xs-i8 
terrible  and  murderous  was  the  war  may  be  inferred  from 
the  number  of  infants,  more  than  fourscore,  that  fell  victims, 
besides  the  older  children  and  mature  persons. 

By  agreement  with  the  Tuscaroras,  they  were  to  occupy  a 
territory  between  the  Pamlico  and  Neuse,  but  in  fear  of  the 
hostile  Indians  of  South  Carolina,  in  the  summer  of  1717, 
they  desired  to  be  placed  in  a  more  protected  section,  and 
were  assigned  a  region  for  occupancy  north  of  the  Roanoke. 


CHAPTER  XVI 
Eden's  Administration,  1714-22 

The  Assembly  of  1715. — The  Church  of  England  established  in  the 
colony. — Other  laws. — The  precincts. — Partisan  disagreements. — 
"Blackbeard"  harbors  in  Pamlico  Sound. — Complicity  of  Knight. — 
Moseley  and  Moore  search  the  records. — Knight  exonerated,  resigns 
and  dies. — Moseley  punished. — Revolution  in  South  Carolina. — The 
dividing  line. — Colonel  Pollock  president. — William  Reed  succeeds 
him. — Edenton. — Carteret  Precinct. — A  blow  at  nepotism. 

The  Assembly  of  171 5 

Nov.  13,171s  The  Assembly  that  first  met  Governor  Eden  in  171 5  was 
a  notable  one,  convening  just  after  the  Indian  war,  and  fol- 
lowing the  dissensions  that  had  marked  Governor  Hyde's 
administration.  Moseley,  always  at  the  head  of  the  Popular 
party,  was  the  speaker,  and  although  differences  between  the 
council  and  administration  on  the  one  hand  and  the  Assembly 
on  the  other  again  found  expression,  some  of  the  greater 

c.  r.,  11,  questions  that  had  agitated  the  colony  had  been  finally  settled 
by  the  course  of  events.  The  rights  claimed  for  the  Quakers 
under  the  concessions  were  now  denied  them.  The  senti- 
ment that  prevailed  in  England  found  a  full  voice  in  Albe- 
marle. Liberty  of  conscience  was  declared;  but  Quakers 
were  rendered  ineligible  to  office;  nor  were  they  allowed  to 
give  evidence  in  any  criminal  case ;  nor  could  they  serve  on 
juries,  but  their  affirmation  was  to  be  taken  as  a  substitute 
for  an  oath  in  those  cases  in  which  their  testimony  was 
admissible. 

All  officers,  including  members  of  the  Assembly,  were  re- 
quired to  take  the  test  oath  as  well  as  the  oaths  of  office. 

The  Church  of  England  established  in  the  colony 

The  Church  of  England,  being  the  only  one  which  under 
the  charter  could  have  public  encouragement,  was  declared 
the  established  church.  The  two  counties  were  di- 
vided into  nine  parishes,  for  each  of  which  vestrymen  were 


CHURCH  OF  ENGLAND  ESTABLISHED  197 

selected,  with  the  duty  of  providing  a  minister  at  a  stipend  ^JJ 

not  exceeding  £50,  and  to  build  a  church  and  a  chapel 
in  each  parish;  and  to  meet  those  expenses,  they  were  ParWi« 
to  collect  all  fines  and  forfeitures  imposed  by  law ;  and  were 
empowered  to  lay  a  poll  tax  not  exceeding  five  shillings  per 
annum  on  the  poll.  It  was  also  enacted  that  every  person 
appointed  a  vestryman  who  neglected  to  qualify  for  one 
month  was  to  forfeit  his  place,  and  unless  he  were  a  dis- 
senter, should  also  forfeit  £3.  So  if  a  dissenter  were 
selected  as  a  vestryman,  he  need  not  have  qualified.  But  The  church 
while  these  provisions  were  made  for  the  employment  of  ****  **  • 
ministers,  they  were  not  put  in  operation.  No  pastors  were 
regularly  settled  in  the  colony;  only  missionaries  came,  be- 
ing sent  out  by  the  Society  for  the  Propagation  of  the  Gospel. 
In  171 1,  John  Urmstone,  a  missionary,  came  to  Chowan, 
and  he  remained  in  the  colony  about  ten  years.  Rev.  Mr. 
Rainsford  came  in  171 2,  but  removed  to  Virginia  in  about 
twelve  months.  In  1718  Rev.  Mr.  Taylor  came,  but  died  Mbdowufai 
after  a  residence  of  two  years.  In  1723,  Thomas  Bailey  was 
in  the  colony  as  a  missionary,  and  Rev.  John  Blacknall  for 
awhile.  These  appear  to  have  been  all.  The  vestry  act  does 
not  seem  to  have  been  carried  into  effective  operation  in  any 
precinct,  but  at  Edenton  there  was  generally  a  missionary. 
In  1732  there  was  no  minister  of  the  Church  of  England  in 
the  entire  colony. 

Magistrates  who  by  a  former  law  were  empowered  to  per- 
form the  marriage  ceremony  were  forbidden  to  exercise  that 
function  in  any  place  where  a  minister  resided. 

The  Assembly  fixed  the  price  at  which  skins,  hides,  furs  c.thR.r,nT* 
and  produce  were  to  be  received  in  payment  of  debts,  includ-  ai3 
ing  quit  rents  and  public  dues.  It  re-enacted  laws  that  had 
long  been  in  force,  including  those  based  on  the  Fundamental 
Constitutions  which  had  been  adopted  and  carried  into 
operation  as  nearly  as  circumstances  permitted.  Among 
these  was  that  which  has  been  known  as  the  biennial  act, 
which,  conformably  to  the  73d  and  75th  articles  of  the  Con- 
stitutions, provided  that  in  September  of  every  second  year, 
the  people  were  to  choose  assemblymen,  who  were  to  convene 
in  session  the  next  November,  thus  making  provision  for 
the  regular  meeting  of  the  people's  representatives  indepen- 


198  EDEN'S  ADMINISTRATION,  1714-22 

1™  dently  of  any  action  on  the  part  of  the  governor  and  council ; 

although  the  right  to  alter  the  time  and  place  of  meeting  was 
allowed  to  the  Palatine's  Court ;  and  the  powers  vested  in  the 

The  new       Lords  Proprietors  by  the  Crown  were  not  denied. 

£re!inc{»  At  that  time,  Bath  County  was  divided  into  three  pre- 

ai*  cincts,  now  named  Beaufort,  Hyde*  and  Craven.     The  in- 

habitants of  Craven  Precinct  were  to  vote  at  Swift's  planta- 
tion, at  the  mouth  of  Hancock  Creek,  while  those  of  the  town 
"  453  of  New  Bern  were  to  vote  in  that  town ;  the  inhabitants  of 
Beaufort  were  to  meet  at  Bath  Town,  and  those  of  Hyde  at 
Websterson's  plantation  on  the  west  side  of  Matchapungo 
River.     The  Albemarle  precincts  were  to  return  five  mem- 

Assembiy      bers ;  those  of  Bath  County  only  two  each.    The  inequality 

1715  was  doubtless  because  the  new  precincts  were  so  sparsely 

settled.  Under  the  original  constitution,  each  of  the  precincts 
of  Albemarle  County  was  entitled  to  five  members,  but  that 
provision  was  held  not  to  apply  to  Bath  County.  The  As- 
sembly also  provided  for  another  issue  of  paper  currency, 
elected  a  public  treasurer,  levied  a  tax  to  retire  the  currency, 
and  arranged  to  pay  its  indebtedness  to  South  Carolina. 
Also  provision  was  made  for  the  appointment  of  a  register 
in  each  precinct  to  register  deeds  and  record  all  births, 
deaths  and  marriages,  as  had  long  been  the  law  and  was  re- 

Tfh*7lr5evisal  quired  by  the  Constitutions.  In  fact,  all  the  laws  were 
revised  and  re-enacted  at  this  session,  and  the  common  law 
of  England  was  declared  in  force  in  North  Carolina. 

When  the  acts  were  submitted  to  the  Lords  Proprietors, 
they  disapproved  of  the  provision  requiring  the  receiver  of 
quit  rents  to  receive  the  provincial  bills  for  dues  to  the  Pro- 
prietors, and  they  further  informed  the  Assembly,  "we  have 
resolved  that  no  more  land  shall  be  sold  in  the  province,  but 
only  in  England,"  and  they  reminded  the  Assembly  that  no 
act  thereafter  passed  would  be  valid  for  a  longer  time  than 

c  r.,  11,      two  years  unless  it  received  their  approval. 

In  the  fall  of  1715  they  appointed  Christopher  Gale  chief 
justice,  and  he  was  sworn  in  January  24,  1716. 

♦The  territory  embracing  Mattamuskeet  Lake  was  attached  to 
Currituck  Precinct,  and  so  remained  until  1745,  when  it  was  annexed 
to  Hyde. 


217 


INTERNAL  DISCORD  199 

The  journals  of  the  house  contained  several  resolutions,  ^J* 

as  having  been  adopted,  but  which  the  governor  and  council  SjJJJSJ. 
declared  had  not  been  passed;  the  first  was  a  declaration  c.eiL,  11, 
against  impressments  by  the  governor  and  council,  as  being  *4*  ■** 
a  great  infringement  of  the  liberties  of  the  people;  another 
was  in  condemnation  of  the  treatment  of  the  Core  Indians ; 
another,  in  condemnation  of  those  who  refused  to  take  the 
public  bills  as  paper  currency  in  payment  of  fees,  was  evi- 
dently aimed  at  some  of  the  administrative  officers.  Not 
content  with  mere  resolutions,  the  Assembly  appointed  a  com- 
mittee to  represent  the  deplorable  circumstances  of  the  colony 
to  the  Lords  Proprietors.  Evidently  the  former  factions 
were  not  entirely  hushed.  On  the  contrary,  the  differences 
springing  from  diverse  interests  now  became  the  basis  of 
two  parties,  one  adhering  to  the  officials  who  represented 
the  Proprietors,  and  the  other  composed  of  those  inhabitants 
who  sought  the  general  welfare,  which  may  well  be  called 
the  Popular  party. 

Nor  was  the  governor  antagonized  by  only  the  People's 
party.  He  had  some  enemies  closer  at  hand.  In  the  sum- 
mer of  1717,  Christopher  Gale  sailed  for  London,  with  the 
purpose,  as  alleged  by  Parson  Urmstone,  himself  a  very 
erratic  character,  of  accomplishing  Governor  Eden's  down- 
fall, and  with  the  hope  of  supplanting  him.  This  none  too 
pious  missionary  introduces  us  to  both  the  parties  without 
evincing  much  partiality.  The  complaints  against  the  gov- 
ernor, he  asserts,  were  not  groundless :  "His  honor  has  acted 
toward  all  men  very  arbitrarily,  not  to  say  unjustly."  He 
is  declared  "to  be  a  strange,  unaccountable  man."  But  of 
Gale,  the  parson  entertained  no  better  opinion. 

The  result  of  Gale's  mission,  however,  was  not  hurtful  to 
Eden;  on  the  contrary,  at  the  same  meeting  of  the  Lords 
Proprietors  at  which  Gale  was  reappointed  chief  justice, 
Eden  was  made  a  landgrave.  But  Gale,  whether  smarting 
from  his  disappointments,  or  for  other  reasons,  did  not  re- 
turn to  Carolina  for  several  years.  And  another  affair  oc-  ^R*t  !1, 
curred  that  stirred  the  colony  and  involved  the  administra- 
tion. 


200  EDEN'S  ADMINISTRATION,  1714-22 

^8  Thack  harbors  in  Pamlico  Sound 

Among  the  pirates  who  infested  the  Atlantic  coast,  having 
their  rendezvous  in  the  Bahamas,  was  Thack,  or  Thatch,  or 
Teach,  his  name  being  written  in  several  ways,  familiarly 
known  as  "Blackbeard."  One  of  his  lieutenants  was  Major 
Steed  Bonnett,  a  man  of  gentle  birth  and  of  education. 
These  sometimes  came  into  the  sounds  of  North  Carolina; 
and  they  had  friends  there,  as  in  Virginia  and  South  Caro- 
lina. But  among  the  better  class  of  people,  there  was  in- 
dignation that  pirates  should  be  tolerated  by  the  officers. 

W33S1*  When  the  king  offered  pardon  to  all  pirates  who  should  sur- 
render and  reform,  Thack  availed  himself  of  the  terms  and 
came  in  and  promised  to  lead  an  honest  life;  but  after  a 
month  he  was  again  on  the  high  seas.  At  length  Captain 
Woodes  Rogers,  who  had  saved  Alexander  Selkirk  from  his 
desert  island,  was  sent  to  break  up  the  nest  of  pirates  in  the 
Bahamas.  While  he  was  successful  in  capturing  many,  Bon- 
nett and  Thack  were  not  taken,  and  found  a  refuge  in  the  in- 
lets of  North  Carolina. 

Shortly  afterward  Thack  sailed  from  the  Pamlico  and 
soon  returned  with  a  cargo  of  oranges  and  other  fruit,  sugar 
and  spices,  taken  from  a  French  vessel,  which  he  had  cap- 
tured on  August  22(1,  near  the  Bermudas,  and  then  burned 
off  the  coast  of  Carolina.     Some  of  this  plunder  he  stored 

c.  r.,  11,      in  the  barn  of  Tobias  Knight,  an  Englishman  who  had  come 

3*5  over  with  Eden  and  who  was  secretary  of  the  colony;  and 

in  the  absence  of  the  chief  justice,  Gale,  had  been  appointed 
to  that  high  position.  Information  was  sent  by  some  of  the 
inhabitants  to  Governor  Spotswood,  who,  deeming  himself 
clothed  with   authority,  determined  to  capture  the  pirate. 

Spotswood     There  were  two  British  men-of-war  in  the  harbor ;  but  there 

actl  was  so  much  sympathy  for  the  pirates  in  Virginia,  that  Gov- 

ernor Spotswood  would  not  hazard  communicating  his  pur- 
pose even  to  any  member  of  his  council.  Obtaining  two 
sloops,  and  fitting  them  out  secretly  with  men  supplied  from 
the  men-of-war,  he  sent  them  under  the  command  of  Lieu- 
tenant Maynard  in  search  of  Thack's  vessel,  the  Adventure, 

No*.aa,i7i8  which  on  November  22,  1718,  was  discovered  near  Ocra- 
coke  Inlet.  A  desperate  battle  followed.  Knowing  the 
shoals  of  the  sound,  Thack  had  some  advantage ;  but  at  last, 


BLACKBEARD,  THE  PIRATE  201 

hard  pressed,  the  Adventure  was  stranded.    As  Maynard's  ?'8 

sloop  now  approached  the  pirate  ship,  Thack  poured  into  it 
a  murderous  broadside  that  swept  off  many  of  the  crew. 
But  Maynard,  ordering  his  men  below,  steered  directly  for 
the  Adventure,  and  as  the  vessels  closed,  Thack  and  his  crew  £/*"• u' 
sprang  upon  the  deck  of  the  sloop  and,  animated  by  a  des- 
perate courage,  hoped  to  take  possession  and  make  their  es- 
cape. But  Maynard's  men  rushed  from  below,  and  in  the 
hand-to-hand  encounter  that  ensued  the  pirates  were  over- 
come. The  Adventure  carried  8  cannon;  and  of  the 
crew  of  18  men,  9  besides  Thack  were  killed  outright,  and  9, 
some  desperately  wounded,  were  taken  prisoners;  of  the 
king's  men,  12  were  killed  and  22  wounded.  The  prisoners 
who  survived  were  taken  to  Virginia,  tried  and  convicted  of 
piracy. 

Upon  the  capture  of  Thack's  vessel,  Governor  Spotswood  Sfg!!^ 
sent  Captain  Brand  of  the  British  Navy  to  obtain  the  stolen 
merchandise.  Colonel  Maurice  Moore  and  Jeremiah  Vail 
accompanied  him  to  Pamlico,  and  the  goods  were  found, 
some  being  discovered  in  the  barn  of  Tobias  Knight.  Im- 
mediately the  governor  and  some  of  his  council  remonstrated  £9R-»  M» 
at  the  action  of  Governor  Spotswood,  claiming  that  these 
proceedings  were  unlawful  and  improper.  Separating  Col- 
onel Pollock  and  Governor  Eden  from  Tobias  Knight,  it  ap- 
pears that  the  governor  regarded  that  it  was  an  invasion  of 
his  government  for  Governor  Spotswood  to  send  a  force  into 
North  Carolina  waters  even  for  the  purpose  of  capturing  a 
pirate ;  and  he  keenly  felt  and  warmly  remonstrated  against 
Captain  Brand's  taking  possession  of  the  sugars  and  remov-  c-* •» ". 
ing  them  to  Virginia,  to  be  disposed  of  by  the  court  of  admi- 
ralty. Colonel  Pollock  doubted  the  strict  legality  of  Gover- 
nor Spotswood's  action,  but  advised  Governor  Eden  to  make 
no  point  about  it.  While  the  council  stood  by  Knight,  Eden's 
action  is  hardly  consistent  with  innocence  as  to  the  alleged 
complicity  with  the  pirate,  and  he  certainly  did  not  give  ex- 
pression to  any  great  satisfaction  at  Thack's  destruction. 
Still  if  Eden  had  any  association  with  Thack,  it  was  less  opert 
and  notorious  than  the  bearing  of  some  of  the  governors  of 
other  colonics  toward  the  pirates. 

The  public  records  according  to  the  instructions  of  the 


202  EDEN'S  ADMINISTRATION,  1714-22 

XJ^  Lords  Proprietors  were  to  be  open  to  public  inspection ;  but 

JJowieyand  in  the  absence  of  any  public  buildings,  they  were  kept  in 
•earehthe  rooms  of  private  houses.  The  records  of  the  secretary's 
office  were  deposited  in  a  private  house  at  Sandy  Point,  near 
Edenton ;  and  Maurice  Moore  and  Edward  Moseley,  being 
determined  to  search  the  records  for  incriminating  evidence 
regarding  improper  dealings  between  the  authorities  and 
Thack,  on  December  27th  broke  into  that  room,  barred  the 
door  and  proceeded  to  make  an  investigation.  For  this 
alleged  trespass  and  misdemeanor,  the  governor  issued  a 
warrant  for  their  arrest,  and  sent  a  considerable  body  of 
men  to  apprehend  them.  Indignant  at  such  a  posse  being 
sent  to  take  him,  Moseley  exclaimed  that  "the  governor 
could  find  men  enough  to  arrest  peaceable  citizens,  but  none 
to  arrest  thieves  and  robbers."  The  intimation  was  plain, 
that  the  governor  was  willing  to  shield  the  pirate,  and  the 
allegation  was  scandalum  magnatum.  Moseley  and  Moore 
were  bound  over  to  court,  and  an  indictment  followed  as  a 
matter  of  course.  At  the  trial  of  the  pirates  before  the 
admiralty  court  in  Virginia,  the  evidence  implicated  Tobias 
Knight  as  being  in  complicity  with  Thack,  and  a  copy  of  the 
testimony  was  sent  by  Governor  Spotswood  to  Governor 
Eden.  At  a  meeting  of  the  council,  about  the  opening  of 
April,  this  testimony  was  considered  and  an  order  was  passed 
to  serve  a  copy  of  it  on  Knight,  who  was  not  in  attendance. 
At  the  next  meeting  in  May,  Knight  filed  a  statement  in  ex- 
planation. While  making  sweeping  denials,  alleging  that  he 
was  pursued  "by  Moore  and  Vail  and  that  family,"  he  de- 
clared that  he  had  not  sought  to  conceal  the  fact  that  the 
sugars  were  stored  on  his  premises ;  and  he  alleged  that  they 
were  lodged  there  at  the  request  of  Thack  only  until  a  more 
convenient  store  could  be  procured  by  the  governor  for  the 
c.  r.,  11,  whole  cargo.  This  apparently  connected  the  governor  with 
the  transaction,  and  would  necessarily  involve  him  if  Knight 
were  found  implicated  in  any  illicit  dealings  regarding  these 
goods.  The  governor  himself  made  no  particular  explana- 
tion, but  the  result  of  the  investigation  could  not  be  doubt- 
ful. 

The  council   hastened   to  declare  that   Knight  was   not 
guilty,  and  ought  to  be  acquitted  of  the  crimes  laid  to  his 


344 


KNIGHT  EXONERATED  BY  THE  COUNCIL        203 

charge.     Still  of  Knight's  complicity  there  is  no  question,  J£j 

while  his  explanation  that  seemed  to  involve  Governor  Eden  JJjJUJJJ11 
may  well  be  entirely  disregarded.  The  circumstances  are  ^nl^h^n 
inconsistent  with  his  innocence.  Thack,  being  a  notorious  anddi* 
pirate,  had  accepted  the  king's  offer  of  pardon ;  had  then  re- 
turned to  his  trade;  had  again  surrendered  and  made  ap- 
plication for  a  second  pardon ;  and  while  the  application  was 
still  pending,  he  had  sallied  out  with  his  vessel  armed  with 
eight  cannon  and  manned  by  a  crew  of  desperadoes,  and  hav- 
ing taken  a  French  merchantman  and  transferred  the  cargo 
to  his  own  ship,  had  burned  his  prize  off  the  North  Caro- 
lina coast ;  and  then  coming  in,  devised  the  story  not  likely 
to  impose  on  the  credulity  of  any  one,  that  he  had  found  a 
wreck  on  the  high  seas  and  had  saved  the  cargo.  A  part  of 
his  stores  was  conveyed  at  the  dead  of  night  to  the  barn  of 
the  chief  justice  of  the  colony  and  concealed  beneath  the 
fodder.  When  Knight  was  first  questioned  by  Captain 
Brand,  he  positively  denied  that  any  such  goods  had  been  344  ' 
concealed  on  his  premises.  The  denial  being  ignored  and  he 
being  informed  that  a  memorandum  found  on  the  person 
of  the  dead  pirate  attested  the  facts,  he  reluctantly  made  the 
admission.  Also  in  Thack's  possession  was  discovered  a  let- 
ter from  Knight  of  recent  date,  beginning,  "My  friend,"  and 
containing  friendly  advice,  in  itself  being  full  proof  of  the 
intimate  connection  and  guilty  association.  Against  these 
facts,  the  exoneration  by  the  governor  and  council  carried  no 
weight.  Knight  resigned  as  chief  justice,  Colonel  Frederick 
Jones  becoming  his  successor,  and  then  he  died  before  the 
summer  had  ended.  Such  was  the  termination  of  the  career 
of  that  English  adventurer,  who,  like  many  others  sent  over 
by  the  Proprietors  to  hold  important  office,  sought  to  win 
fortune  at  the  expense  of  honor  and  character,  and  was  ut- 
terly indifferent  to  the  good  fame  and  material  welfare  of 
the  inhabitants  of  the  province.  He  was  doubtless  quite 
right  in  ascribing  to  the  Swann  and  Lillington  connection  a 
purpose  to  uncover  his  nefarious  dealings.  The  gentlemen 
of  that  family  had  a  patriotic  interest  in  removing  from  their 
settlement  the  reproach  of  harboring  pirates,  as  their  action 
in  searching  the  records  sufficiently  indicates. 
For  their  offences  Moore  and  Moseley  were  tried  at  the 


204  EDEN'S  ADMINISTRATION,  1714-22 

lJ**  general  court  in  October,  17 19.    To  the  indictment  for  break- 

C66R is1'  ln%  *nto  ^e  secretarvs  office,  they  with  Thomas  Luten  and 
Henry  Clayton  pleaded  guilty ;  and  a  fine  of  £5  was  imposed 
on  Moore,  and  of  five  shillings  on  Moseley.  But  the  case 
against  Moseley,  for  his  scandalous  words,  was  regarded  as 
more  serious.  The  jury  rendered  a  special  verdict — that 
Moseley  had  uttered  the  words,  and  "if  the  law  be  for  the 
king,  then  he  was  guilty."  After  several  days'  delay,  the 
court  ruled  that  he  was  guilty ;  and  it  being  considered  that 
his  action  was  in  the  nature  of  stirring  up  sedition,  he  was 
sentenced  to  pay  a  fine  of  £100,  and  to  be  incapable  of  holding 
c.  r.,  ii,  any  office  or  place  of  trust  in  the  colony  for  three  years.  His 
practice,  however,  was  large  and  important,  and  as  he  was 
silenced  as  a  lawyer,  the  business  of  the  court  was  so  impeded 
that  the  chief  justice,  Jones,  requested  that  his  disabilities 
as  an  attorney  might  be  removed ;  and  in  view  of  the  allega- 
tion that  he  had  intended  to  raise  sedition,  perhaps  also  be- 
cause of  the  recent  revolution  in  South  Carolina,  Moseley  was 
led  to  state,  in  a  petition  to  the  council,  that  his  words  were 
not  uttered  with  such  a  sinister  design,  but  only  through 
heat  and  passion ;  and  he  asked  to  be  relieved  of  the  sen- 
tence. But  the  governor,  perhaps,  felt  that  there  was  too 
much  truth  in  what  Moseley  had  so  bluntly  alleged  for  the 
offence  to  be  forgiven,  and  the  only  concession  he  made  was 
that  Moseley  might  bring  to  an  end  such  litigation  as  had 
been  committed  to  him  before  the  sentence  was  imposed,  but 
should  take  no  new  cases.  So  for  three  years  the  leader  of 
the  Popular  party  and  the  most  influential  citizen  of  the 
province  was  excluded  from  all  public  employment  and  for- 
bidden to  practise  law. 

Revolution  in  South  Carolina 

While  these  matters  were  in  progress  in  North  Carolina, 
the  condition  in  South  Carolina  had  become  so  intolerable 
under  the  inefficient  government  of  the  Lords  Proprietors, 
that  the  people  having  determined  on  a  revolution,  following 
the  methods  practised  in  England,  formed  an  association  to 
stand  by  each  other ;  and  the  Assembly  which  convened  on 
November  28,  1710,  resolved  itself  into  a  convention,  and 
threw  off  the  authority  of  the  Lords  Proprietors,  offering  the 


THE  REVOLUTION  IN  SOUTH  CAROLINA         205 

administration  to  Governor  Johnson,  who  had  succeeded  2JJ 

Craven,  if  he  would  continue  to  act  as  governor  and  hold  the 
province  for  the  king.    This  Governor  Johnson  properly  re-  Moore  leads 
fused  to  do,  and  the  people  then  elected  James  Moore  gov-  &S2fih 
ernor,  and  applied  to  the  king  to  receive  South  Carolina  as  WY<at 
a  royal  province. 

A  revolution  so  complete  and  successful  cast  dismay 
among  the  Proprietors  and  their  officers  in  North  Carolina, 
and  raised  anew  in  England  the  question  of  the  Crown's 
resuming  possession  of  the  entire  territory  of  Carolina.  It 
also  led  to  the  consideration  of  the  dividing  line  between 
the  two  governments. 

The  South  Carolina  authorities  claimed  the  Cape  Fear  River  g^JjE}* 
as  a  boundary,  and  asserted  that  their  government  had  issued  dividing 
grants  for  land  on  that  river;  but  in  the  earlier  days  the 
Santee  had  been  the  northern  limit  of  South  Carolina,  and 
more  lately,  after  Clarendon  County  had  ceased  to  exist,  the 
territory  north  and  east  of  Cape  Fear  was  assigned  to  the 
North  Carolina  government.  As  there  were  no  settlements 
in  the  Cape  Fear  region,  the  question  had  not  been  of  im- 
portance, and  before  the  boundary  was  marked  North  Caro- 
lina had  occupied  the  southern  bank  of  the  Cape  Fear  River 
as  a  portion  of  Bath  County. 

Conditions  in  North  Carolina 

As  painful  and  devastating  as  the  Indian  war  had  been, 
its  sacrifices  were  not  without  compensation.  Although  the 
trade  in  furs  largely  ceased  the  colony  received  a  greater 
benefit  from  quieting  all  apprehensions  of  Indian  outbreaks.  p„puution 
The  savages  being  suppressed,  the  extension  of  the  planta-  incrcase* 
tions  proceeded  without  interruption  and  population  con- 
tinued to  flow  in,  the  settlements  progressing  to  the  south- 
ward as  well  as  to  the  westward  along  the  navigable  streams. 

In  January,  1670,  the  Assembly  had  passed  an  act  restrict- 
ing grants  of  land  in  any  one  survey  to  six  hundred  and  sixty 
acres  in  order  to  remedy  the  evil  of  large  tracts  or  plan- 
tations being  insufficiently  cultivated;  and  the  Proprietors 
in  1694  had  authorized  Governor  Archdale  to  sell  land  in 
Albemarle  in  fee  for  what  he  could  reasonably  obtain  for  it ; 
however,  not  under  fio  for  a  thousand  acres,  and  reserving 
an  annual  rent  of  not  less  than  five  shillings  to  a  thousand 


206 


EDEN'S  ADMINISTRATION,  1714-22 


17*3 


Land 
patents 


Eden  dies 
March,  1722 


Colonel 
Pollock 
president 


His  death, 
August  30, 
1722,  and 
character 


acres.  Later  the  Proprietors,  understanding  that  advantage 
was  being  taken  of  them  by  the  issue  of  patents  for  thou- 
sands of  acres  in  a  body  which  was  not  seated,  but  thus 
withdrawn  from  other  purchasers  while  yielding  no  rents, 
in  their  instructions  to  Governor  Hyde  forbade  the  issue 
of  any  patents  whatsoever.  They  also  forbade  the  survey 
of  any  lands  within  twenty  miles  of  the  Cape  Fear  River. 
'In  January,  1712,  however,  at  Governor  Hyde's  instance, 
they  modified  these  directions  so  that  he  was  allowed  to  issue 
patents  not  to  exceed  six  hundred  and  forty  acres  in  a  body, 
requiring  a  cash  payment  of  twenty  shillings  for  every  hun- 
dred acres,  and  an  annual  rent  of  one  shilling  sterling  money 
of  Great  Britain  per  acre.  These  terms  necessarily  applied 
only  to  the  lands  in  Bath,  for  those  in  Albemarle  were  held 
under  the  Great  Deed.  The  council  represented  in  17 18 
that  these  orders  relating  to  the  sale  of  land  imposing  such 
hard  terms  were  inconsistent  with  the  settlement  of  the 
province,  and  it  unavailingly  asked  that  they  might  be  re- 
voked. At  that  time  there  were  about  one  million  acres  held 
subject  to  quit  rents,  and  there  were  about  two  thousand 
tithables  in  the  colony;  and  despite  the  orders,  the  people 
were  spreading  out  in  Craven  and  up  the  Neuse  and  along 
the  Roanoke.  Indeed,  the  province  was  making  rapid 
strides  in  importance  when,  in  March,  1722,  Governor  Eden 
died. 

So  far  as  the  internal  affairs  of  the  colony  were  concerned, 
during  the  latter  years  of  Eden's  administration  at  least, 
the  people  enjoyed  a  period  of  repose.  Except  for  the 
irritation  that  may  have  incidentally  grown  out  of  its  atti- 
tude toward  Moselev,  his  administration  was  apparently 
quiet  and  pleasant,  although  the  desultory  depredations  of 
the  Indians  added  somewhat  to  the  cares  of  his  official  life. 
On  his  death.  Colonel  Pollock  was  again  chosen  president; 
but  that  valuable  citizen,  who  for  twenty  years  had  been 
one  of  the  most  prominent  and  influential,  as  he  was  doubt- 
less the  richest,  of  the  inhabitants,  did  not  long  survive  this 
last  accession  of  power.  In  all  the  contests  that  had  divided 
the  people  he  had  taken  sides  against  the  party  to  which 
Moseley  adhered.  When  the  latter  stood  for  popular  rights, 
Pollock  threw  his  influence  toward  maintaining  the  authority 


\ 


TtiE  GROWTH  OF  THE  COLONY  207 

of  the  administrative  officers;  but  of  his   sterling  worth,  xj£ 

ability  and  character  there  is  no  question. 

On  his  death,  toward  the  last  of  August,  he  was  sue-  wjJJjam 
ceeded  by  William  Reed,  who  was  in  no  wise  comparable  to  succeeds 
him,    either    in    social    position    or    in    respectability    of 
character. 

Chief  Justice  Gale,  after  an  absence  of  nearly  four  years, 
returned  to  the  province  just  as  Governor  Eden  expired, 
and  resumed  his  official  functions,  and  he  also  took  his  seat 
at  the  council  board  as  a  deputy  of  James  Bertie,  one  of  the 
Lords  Proprietors. 

A  hamlet  had  sprung  up  on  Queen  Anne's  Creek  and  Gov-  Edcnton 
ernor  Eden  had  made  his  residence  there,  and  the  council 
and  general  court  met  at  that  place.     It  was  now  incor- 
porated as  a  town  under  the  name  of  Edenton,  and  became 
the  established  seat  of  government.    An  Assembly  was  held 

S  R  XXIII 

there  in  October,  1722.  The  previous  Assembly  was  pre-  xw"  ' 
sided  over  by  William  Swann,  but  Moseley's  disabilities 
having  now  expired  by  the  passage  of  three  years,  he  was 
chosen  speaker  of  the  new  body.  Among  its  acts  was  one 
establishing  seats  of  government  in  the  several  precincts  Bertie 
and  settling  the  courts  and  court-houses.  And  because  the 
territory  west  of  the  Chowan  had  become  so  populous,  a  new 
precinct  was  laid  off  in  that  territory  named  Bertie,  doubt- 
less in  compliment  of  the  Proprietor. 

In  August,   1722,   the   council   had   established   Carteret  Carteret 
Precinct,  extending  southward  indefinitely  to  the  bounds  of  creR."n, 
the  government,  including  all  the  settlements  in  that  direc-  458, 459 
tion ;  and  the  town  of  Beaufort  was  incorporated  into  a  sea- 
port, entitled  to  a  collector  of  customs ;  and  a   road  was 
directed  to  be  opened  from  Core  Point  to  New  Bern.    The 
growth  of  the  province  had  been  retarded  for  the  want  of 
commercial    facilities,    and   to    improve    navigation    an    act 
was  passed  to  encourage  a  settlement  at  Ocracoke  Inlet, 
because  of  the  good  anchorage  and  harbor  there. 

Another  act  had  for  its  object  to  discourage  the  influx  of  official 

rr    •  «i  •  %>f         •  /v  adventurers 

official  adventurers  by  prescribing  a  qualification  for  officers  discouraged 
that  would  exclude  such  persons  as  any  new  governor  might 
bring  over  as  satellites  in  his  train ;  it  prohibited  the  gov- 
ernor from  granting  any  office  to  any  British  subject  who 
had  not  resided  three  years  in  the  province. 


Jan.,  1724 


CHAPTER  XVII 

Administrations  of  Burrington  and  Everard,  1724-31 

Governor  Burrington  explores  the  Cape  Fear. — Opposition  to  him. 
— Burrington  displaced. — Sir  Richard  Everard. — Antagonism  be- 
tween Assembly  and  governor. — Altercations  of  Burrington  and  the 
governor. — The  ministers. — The  settlement  of  the  Cape  Fear. — The 
Assembly  sustains  Burrington. — He  appeals  to  the  Proprietors. — 
Personal  controversies. — The  dividing  line  with  Virginia. — Purchase 
by  the  Crown. — Carteret  retains  his  share. — Everard  breaks  with 
Gale.--The  lords  of  trade. — The  currency  act. — The  end  of  the 
Proprietary  government. — Conditions  in  North  Carolina. — No  public 
schools. — Few  ministers. — The  Baptists. — Industries. — Population. — 
Social    conditions. 

Governor  Burrington 

To  fill  the  vacancy  caused  by  the  death  of  Eden  the  Lords 
Proprietors  proposed  to  appoint  George  Burrington,  of 
Devon,  governor  of  North  Carolina,  and  on  February  26, 
1723,  the  king  gave  his  assent;  but  it  was  not  until  the 
succeeding  January  that  Burrington  reached  Edenton  and 
took  the  oaths  of  office.  The  new  governor  had  held  office 
under  the  Crown  in  every  reign  since  the  revolution  of 
1688,  and  must  have  had  considerable  official  experience. 
He  was  a  man  of  violent  temper,  firm  and  resolute,  and  one 
who  could  brook  no  opposition.  Thomas  Jones,  a  son  of 
Chief  Justice  Jones,  had  intermarried  with  Miss  Swann,  the 
stepdaughter  of  Moore,  and  had  thus  connected  his  father 
with  the  Moseley  and  Moore  faction ;  while  by  the  death  of 
Colonel  Pollock  Chief  Justice  Gale  was  left  the  most  respect- 
able and  influential  member  of  the  opposition.  On  Bur- 
rington's  arrival  he  not  unnaturally  allied  himself  with  the 
dominant  party,  that  contained  not  merely  the  numerical 
majority  controlling  the  Assembly,  but  almost  all  the  influ- 
ential men  in  the  province.  Moseley  himself  was  now  of 
the  council,*  and  the  power  of  the  administration  was  with 

♦To  fill  a  vacancy  in  the  council,  the  other  councillors  could 
temporarily  elect. 


CONDITIONS  IN  THE  PROVINCE  209 

his  friends.    The  Assembly  met  three  months  later  and  for-  w 

mally  begged  that  the  instructions  of  the  Lords  Proprietors  c^R-  M» 
prohibiting  the  sale  of  lands  in  Bath  might  be  disregarded 
until  an  address  could  be  sent  to  them  in  England.    It  was 
asserted  that,  the  land  office  being  closed,  persons  coming 
into  the  colony  to  locate  could  obtain  no  grants  and  were 
forced  to  go  elsewhere,  and  that  the  welfare  of  the  province 
demanded  a  change  in  regard  to  these  matters.    Burrington 
entered  heartily  into  the  measure.    There  was  a  particular 
prohibition  against  making  any  grant  on  the  Cape  Fear  E  lm§thm 
River,  but  he  obtained  by  purchase  an  old  patent  issued  by  c*p«  Few 
Governor  Hyde  in  171 1  to  Thomas  Harvey,  calling  for  five       '*   ' 
thousand  acres,  and  he  determined  to  locate  it  on  that  river,  c.  rm  hi. 
There  were  other  such  patents  for  lands  bearing  that  date  s°* 
eventually  located  on  the  Cape  Fear,  but  whether  they  were 
issued  pursuant  to  a  purpose  to  make  a  settlement  in  that 
region  at  that  time,  or  whether  they  were  issued  in  blank 
and  originally  intended  for  a  different  locality,  is  a  question 
not  now  possible  to  determine.    With  a  view  to  opening  up 
that  region  to  settlers,  Burrington  undertook  to  make  a  c.r.,11, 
thorough  exploration  of  it.     He  visited  it  in  person,  and  **• 
underwent  much  hardship,  privation,  exposure  and  danger 
in  exploring  its  streams,  its  swamps  and  wildernesses.    If 
he  was  not  persuaded  to  this  resolution  by  Maurice  Moore, 
he  was  at  least  seconded  and  encouraged  in  it  by  him. 

Moore,  who  had  traversed  that  country  in  going  to  the 
aid  of  South  Carolina  in  17 16,  determined  to  form  a  colony 
and  settle  there,  and  to  this  end  he  interested  his  brothers 
and  friends  in  South  Carolina  and  his  family  connections 
in  Albemarle  and  Bath  counties,  who  agreed  to  join  him  in 
making  a  new  settlement. 

But  while  these  matters  were  in  progress,  Burrington's  Opposition 
unfortunate  temper  threw  him  into  personal  antagonism  Burrington 
with  the  chief  justice  and  other  officials.  In  addition  to 
his  salary  as  governor,  the  Lords  Proprietors  had  granted 
him  and  two  associates  a  lease  of  the  exclusive  right  of  the 
whale  fisheries  along  the  coast;  and  whether  from  some 
incident  springing  from  that  lease  or  from  some  dereliction 
of  duty  on  the  part  of  the  naval  officer  at  the  port  of  Roa- 
noke, and  of  the  collector  of  customs,  the  governor  in  the 


2IO 


BURRINGTON  AND  EVERARD,  1724-31 


*j**  summer  of  1724  threatened  violence  to  one  and  imprison- 

c.^rmii,  ment  to  the  other.  Chief  Justice  Gale,  who  was  also  a 
collector  of  a  port,  sustained  his  brother  officials,  and  toward 
the  chief  justice  Burrington  was  abusive  and  violent,  Gale 
even  declaring  that  the  governor  had  come  to  his  residence 
at  night  and  threatened  to  kill  him  and  to  burn  his  house 
over  his  head.  Burrington  had  been  affable  to  the  people, 
and  had  so  ingratiated  himself  that  he  was  popular  among 
the  rich  as  well  as  the  poor ;  and  now  the  assemblymen  stood 
by  him,  while  the  councillors  generally  supported  Gale.  The 
chief  justice  speedily  left  the  colony  and  sailed  for  England, 
bearing  a  representation,  signed  by  seven  of  the  council, 
complaining  of  the  governor's  violence  and  arbitrary 
conduct. 

Arriving  at  London,  Gale  hastened  to  inform  the  com- 
missioners of  customs,  under  whom  he  held  his  office  as 
collector  of  the  port  at  Beaufort,  of  the  illegal  action  of 
Burrington,  and  declared  that,  believing  his  life  in  danger, 
he  had  been  obliged  to  flee  from  the  province,  and  that  he 
could  not  return  but  at  the  hazard  of  his  life.  In  addition, 
Gale  appears  to  have  impressed  the  Lords  Proprietors  with 
the  belief  that  Burrington  was  preparing  to  lead  a  revolu- 
tion, as  James  Moore  had  done  in  South  Carolina,  and  throw 
off  the  authority  of  the  Proprietors.  Evidence  of  this, 
according  to  his  enemies,  was  afforded  by  his  association 
with  Maurice  Moore,  his  visits  to  South  Carolina,  his  ap- 
pointment of  Moseley  to  administer  the  government  during 
his  temporary  absence,  his  arrangement  for  the  settlement 
of  the  Cape  Fear,  notwithstanding  the  prohibition  of  the 
Proprietors,  and  his  courting  popularity  among  the  people 
and  his  friendly  alliance  with  the  leading  inhabitants.  In 
this  mission  Gale  was  more  successful  than  in  his  alleged 
attempt  to  overthrow  Eden.  The  fears  of  the  Proprietors 
were  at  once  aroused,  and  apprehending  that  they  might 
lose  their  province  either  through  revolution  or  by  the  king 
taking  possession  because  of  the  illegal  conduct  of  their 
governor,  in  haste  they  appointed  Sir  Richard  Everard  to 
supplant  Burrington,  and  in  July,  1725,  Everard  reached 
Edenton  and  took  the  oaths  of  office.  Gale  accompanied 
the  new  governor,  who  not  unnaturally  looked  to  him  for 


C.R.,II,5S9 


Everard 
appointed 
governor 
Jan.,  1725 


C.R.,II,sfe 


Everard 
reaches 
Edenton, 
July,  17*5 


FACTIONAL  DISTURBANCES  211 

advice  and  counsel,  and  being  a  weak  man,  fell  entirely  w 

under  his  influence. 

According  to  the  biennial  act,  an  Assembly  was  to  be 
elected  in  September,  and  as  the  time  approached,  Bur- 
rington  became  very  active  in  managing  to  secure  the  elec- 
tion of  members  who  were  friendly  to  him.  He  visited  all 
the  precincts  and  stirred  his  friends  to  zeal  and  activity.  By 
law  the  Assembly  was  to  meet  in  November,  but  Gale  advis- 
ing that  there  was  no  need  for  an  Assembly  at  that  time, 
the  governor  in  October  issued  a  proclamation  proroguing 
it  until  April.  On  the  other  hand,  it  was  declared  that 
under  the  fundamental  constitution  of  the  province  the 
governor  had  no  power  to  postpone  the  meeting  of  the 
Assembly,  and,  in  disregard  of  the  proclamation,  the  mem- 
bers convened  at  Edenton  on  the  day  fixed  by  law,  Burring- 
ton  being  a  member,  and  the  body  chose  Moore  as  speaker. 

The  Assembly  was  entirely  in  sympathy  with  the  deposed  Antagonism 
governor,  and  having  resolved  that  the  prorogation  was  an  A^mbiy 
infringement  of  their  liberties  and  a  breach  of  the  privileges  governor 
of  the  people,  they  declared  that  at  their  next  meeting  they  NoVm  172$ 
would  proceed  to  no  business  until  their  lawful  privileges 
were  confirmed.    The  governor  and  council  refused  to  recog- 
nize that  the  house  was  in  session,  but  nevertheless,  the 
house  adjourned  from  day  to  day,  and  the  next  day  adopted   c.R.,11,577 
an  address  to  the  Lords  Proprietors  in  which  they  repre- 
sented  that  the  great   happiness   which   the   province   had 
enjoyed  under  the  administration  of  Burrington  had  been 
"much  disturbed  by  the  unexpected  change  made  through 
many    false   and    malicious   calumnies    raised    against   that 
gentleman  by  persons  of  the  most  vile  character  and  des- 
perate fortunes" ;  and  they  solemnly  denied  that  there  was 
any  disposition  or  design  on  the  part  of  Burrington  or  any 
one  else  to  cause  such  a  revolution  as  had  taken  place  in 
South  Carolina;  and  they  represented  that  great  evils  were  c-  R -'g1, 
apprehended  from  the  vile  administration  which  the  province 
was  threatened  with  from  a  governor  "entirely  influenced 
by   a    few   persons   of    the   most    irreligious   and    immoral 

character." 

Having  given  expression  to  these  sentiments,  the  house 
adjourned  to  the  first  Tuesday  in  April,  the  day  set  by  the 


212  BURR1NGT0N  AND  EVERARD,  1724-31 

w  governor  for  its  meeting.    Burrington,  strengthened  by  the 

support  the  house  gave  him,  felt  no  restraint  in  making 
evident  his  contempt  for  Everard.  Announcing  that  in  nine 
months  he  would  be  restored  to  the  office  of  governor,  he 
promised  places  to  his  friends  who  had  been  dismissed  by 
the  new  administration,  and  he  carried  himself  very  defiantly 
toward  the  governor,  in  utter  disregard  of  law  and  order. 
CR.,11,  Proclaiming  that  Sir  Richard  was  an  ape,  a  noodle,  and 
no  more  fit  to  be  a  governor  than  Sancho  Panza,  he  sought 
to  disparage  him  with  the  people,  and  going  to  Sir  Richard's 
residence  at  Edenton  in  the  night,  he  called  him  out  and 
threatened  him  and  abused  him  with  great  opprobrium. 
o/B^rrfng"8  In  one  of  these  violent  demonstrations,  a  night  attack  on  the 
111"  governor  governor's  house,  he  was  accompanied,  among  others,  by 
c.^k.,  ii,  Cornelius  Harnett,  an  Irishman  who  had  recently  come  into 
the  colony  with  several  thousand  pounds'  worth  of  mer- 
chandise and  had  established  himself  as  a  merchant.  Indeed, 
on  the  night  of  December  2,  1725,  after  their  assault  on  the 
governor,  they  broke  open  the  doors  of  the  house  of  the 
constable  and  beat  that  officer  furiously ;  and  James  Potter 
coming  to  his  neighbor's  aid,  they  violently  assaulted  him ; 
and  then  forcing  the  door  of  Thomas  Panis's  residence,  they 
assaulted  him  and  drove  his  family  out  of  the  house.  The 
governor  himself  was  disorderly,  but  not  quite  so  violent 
in  his  demonstrations  as  Burrington.  But  together  they 
caused  about  Edenton  a  discreditable  uproar,  and  the  greater 
part  of  the  province  was  more  or  less  interested  in  their 
bitter  antagonism,  Gale's  friends  in  the  council  gathering 
around  Everard,  while  the  assemblymen  were  of  Burring- 
ton's  faction.  Even  the  only  two  ministers  in  the  province 
took  different  sides.  Rev.  Mr.  Bailey,  a  missionary,  was  of 
the  Burrington  faction,  and  received  no  courtesy  but  hard 
usage  from  Everard;  while  Rev.  Mr.  Blacknall,  who  had 
come  over  with  the  new  governor,  and  sided  with  him,  was 
minister*  represented  by  Sir  Richard  to  the  Bishop  of  London  as  a 
^•RmIi!  very  good  preacher,  a  gentleman,  perfectly  sober,  and  be- 
loved by  all  but  Mr.  Burrington's  party.  This  Mr.  Black- 
nall, who  was  of  a  highly  respectable  connection  in  England, 
perhaps  in  ignorance  of  the  provincial  law,  was  led  soon 
after  his  arrival  to  perform  the  marriage  service  between  a 


THE  CAPE  FEAR  SETTLED 


213 


The 


white  man  and  a  mulatto  woman.  On  the  same  day,  per- 
haps ascertaining  that  he  had  committed  an  offence,  he  went 
before  the  chief  justice  and  made  an  affidavit  of  the  fact. 
Being  subject  by  law  to  a  penalty,  one-half  of  which  was  for 
the  use  of  the  informer,  he  claimed  his  half,  which  lessened 
his  fine  to  that  extent.  Doubtless  he  erred  through  ignorance. 
There  was  nothing  to  his  personal  advantage  in  his  delin- 
quency, and  he  lost  no  time  in  acknowledging  his  violation 
of  the  law  and  in  evoking  its  operation.  But  he  did  not 
remain  long  in  the  province,  soon  going  to  Maryland. 

This  factional  disturbance  in  Albemarle  perhaps  rather  iulement 
hastened  than  delayed  the  settlement  of  the  Cape  Fear.  capeVear 
Bath  County  extended  from  Albemarle  Sound  down  to  the 
undefined  southern  limits  of  the  province;  and  when  Car- 
teret Precinct  was  established  it  included  the  entire  un- 
settled region,  embracing  the  Cape  Fear  and  down  to  the  Carteret  Co. 
South  Carolina  line.  The  first  known  grant  in  that  wilder- 
ness was  issued  to  Maurice  Moore  on  June  3,  1725,  for 
fifteen  hundred  acres  on  the  west  bank  of  the  river,  sixteen 
miles  below  the  present  town  of  Wilmington,  where  he  laid 
out  a  town  which  he  called  Brunswick,  in  honor  of  the 
reigning  house,  and  invited  settlers  to  locate  there.  His 
brothers,  Roger*  and  Nathaniel,  and  other  friends  came  from 
South  Carolina,  and  Maurice  Moore  and  a  large  part  of  the 
Lillington  connection  also  prepared  to  remove  from  Albe- 
marle. The  former  took  up  lands  on  the  lower  Cape  Fear, 
while  the  Albemarle  contingent  located  their  grants  on  the  SlasPark 
northeast  branch,  where  Burrington  also  took  his  five  thou- 
sand acres,  by  grant  dated  June  25,  1725;!  and  other  acces- 
sions being  made,  at  last  there  was  reason  to  hope  that  the 
advantage  of  a  good  port  and  harbor  would  be  obtained  for 
ilie  province. 

At  the  March  term  of  the  court  Burrington  and  Harnett 


*Roger  Moore,  because  of  his  wealth  and  large  number  of  slaves, 
was  called  "King  Roger."  There  is  a  tradition  on  the  Cape  Fear  that 
he  and  his  slaves  had  a  battle  with  the  Indians  at  the  "Sugar  Loaf," 
nearly  opposite  the  town  of  Brunswick.  Governor  Tryon.  forty 
years  later,  mentioned  that  the  last  battle  with  the  Indians  was 
when  driving  them  from  the  Cape  Fear  in  1725.  The  tradition  would 
seem  to  be  well  founded. 

tSome  of  the  names  bestowed  on  localities  by  Hilton  in  1663  are 
yet  retained :  Stag  Park,  Rocky  Point,  etc. 


214  BURRINGTON  AND  EVERARD,  1724-31 

lJ^  were  indicted  for  their  violent  trespasses  and  assaults,  and 

c.  r.,  11,      the  latter  left  Albemarle,  and  going  to  the  Cape  Fear,  con- 
ducted a  ferry  across  the  river  at  the  new  town  of  Bruns- 
wick, which   at  the  March  term  of  the  general  court  at 
Edenton  in  1727  was  duly  established  and  legalized.     Bur- 
Apni,  1796    rmgton  was  jn  njs  seat  as  a  member  of  the  Assembly  which 

met  pursuant  to  the  prorogation  on  April  1st.  That  body 
remained  steadfast  to  his  interests  and  manfully  stood  by 
him,  notwithstanding  his  disorderly  conduct.  John  Baptista 
Ashe,  with  whom  Burrington  had  established  very  cordial 
relations,  having  been  acquainted  with  several  members  of 
his  family  in  England,  was,  in  the  absence  of  Moore,  chosen 

608  "  '  speaker,  and  he  strongly  supported  the  ex-governor.  Sir 
Richard  opened  the  proceedings  with  an  address  appealing 
for  love  and  charity,  and  that  all  breaches  should  be  healed, 
that  the  country  should  flourish  and  all  be  happy. 

The  house  met  this  tender  of  the  olive  branch  with  a 
•  resolution  that  all  its  debates  should  be  secret,  and  that  any 
member  who  should  disclose  the  purport  of  any  debate 
should  be  expelled.  After  a  week's  delay  an  answer  was 
adopted  to  the  governor's  address,  detailing  at  large  the 
alleged  grievances  of  the  people,  and  aimed  at  the  adminis- 
trative and  court  officers,  who  were  denounced  as  vile  and 
base  characters;  and  they  called  on  the  governor  to  heal 

cr,  11,619  the  breaches  by  bringing  them  to  punishment.  The  gov- 
ernor was,  however,  reported  to  be  dangerously  ill,  and  the 
address  could  not  be  presented.  The  house  next  delivered 
an  address  to  Burrington,  full  of  compliments,  and  thanking 
him  for  his  many  services  and  the  advantages  received  under 
his  mild  administration;  and  then  an  address  to  the  Lords 
Proprietors  was  adopted,  declaring  that  they  would  esteem 
it  one  of  the  greatest  favors  if  the  Proprietors  would  restore 
Burrington  to  the  office  of  governor.  Called  to  the  gov- 
ernor's dwelling,  because  he  was  too  ill  to  attend  at  the 
council  chamber,  the  house  presented  its  address  and  asked 
for  an  answer  to  their  grievances ;  but  instead  of  a  reply,  the 
secretary  announced  that  the  governor  and  council  had 
agreed  on  a  prorogation,  and  the  governor  verbally  pro- 
nounced a  prorogation,  which  the  house  on  its  return  to 
its  chamber  declared  illegal;  but  nevertheless,  it  adjourned 


ASSEMBLY  SUSTAIXS  BCRRIXGTOX  215 

to  the  day  appointed.    Burrington  forwarded  the  resolutions  jjj 

in  his  favor  to  the  Lords  Proprietors,  and  addressed  to  them  Jjjjjf"* 
a  memorial  relative  to  his  administration.  He  mentioned  » the 
that  because  of  mighty  storms  in  August  before  his  arrival 
the  crops  had  been  destroyed  and  there  was  almost  a  famine, 
yet  a  thousand  families  came  to  live  in  the  province  during  ciuiu,* 
his  administration,  and  more  would  have  come  had  not  pro- 
visions been  so  scarce ;  that  he  had  reorganized  the  militia ; 
and  finding  that  the  magistrates  were  of  no  respectability,  he 
had  prevailed  on  Colonel  Moseley,  Colonel  Harvey,  Colonel 
Swann,  Colonel  Maule  and  other  gentlemen  to  preside  over 
the  precinct  courts,  which  had  borne  excellent  fruits  in  estab- 
lishing the  courts  in  the  confidence  and  respect  of  the  people ; 
that  he  had  purposed  being  of  use  to  Governor  Everard, 
and  he  took  occasion  to  warn  him  against  the  advice  of 
Gale,  Lovick,  and  Little,  but  unavailingly ;  that  great  im- 
provements had  been  effected  through  his  own  efforts,  and 
that  he  had  remained  in  Carolina  expecting  to  learn  from 
them  the  nature  of  the  complaints  against  him.  but  was  still 
in  ignorance;  and  that  he  would  take  the  first  opportunity 
to  clear  his  character,  if  sullied. 

In  the  meantime  the  prosecutions  against  him  were  con- 
tinued on  the  docket,  no  particular  efforts  being  made  to 
arrest  him  and  bring  him  to  trial.  He  did  not  leave  the 
province,  but  established  himself  on  the  Cape  Fear,  at 
Governor's  Creek,  five  miles  below  Brunswick,  where  he 
remained  until  1728.  Yet  he  was  quiet.  Edmund  Porter, 
who  had  recently  returned  to  Carolina  after  an  absence  of 
some  ten  years,  was  almost  as  violent  toward  the  officers 
as  the  deposed  governor  had  been,  and  there  was  generally 
in  progress  a  sharp  controversy  between  some  private  per- 
son and  either  the  governor  or  the  chief  justice  or  the 
attorney-general,  apparently  of  a  personal  nature;  but  in 
the  course  of  the  proceedings  they  were  made  to  bear  the 
character  of  sedition  and  rebellion.  In  this  remote  and 
sparsely  settled  country  doubtless  the  officers  frequently 
acted  arbitrarily,  while  occasionally  some  citizen,  not  suffi- 
ciently respecting  the  government,  manifested  a  spirit  of 
excessive  freedom  and  independence  and  was  guilty  of  dis- 
orderly offences. 


2l6 


RURRINGTON  AND  EVERARD,  1724-31 


1728 

cTr.,  II, 

733 


The  dividing  line 

After  years  of  delay,  in  1728  the  dividing  line  between 
Virginia  and  Carolina  was  established.  Governor  Eden  and 
Governor  Spotswood  had  agreed  on  a  compromise  of  the 
vexed  questions  involved,  which  had  been  accepted  by  the 
authorities  in  England,  but  the  king  delayed  authorizing 
the  actual  survey  to  be  made,  so  the  matter  lay  in  abeyance 
until,  in  1727,  the  governor  of  Virginia  informed  Sir  Rich- 
ard that  he  had  received  instructions  to  appoint  surveyors 
on  the  part  of  the  Grown.  The  line  was  to  run  from  the 
north  shore  of  Currituck  Inlet  due  west  to  the  Chowan ;  if  it 
struck  the  Chowan  between  the  mouths  of  Nottoway  and 
Wiccons  Creek  it  was  to  continue  west  to  the  mountains. 
But  if  it  struck  to  the  south  of  Wiccons  Creek  it  was  to 
follow  the  Chowan  to  that  creek  and  then  due  west;  and 
if  that  line  struck  the  Blackwatcr  River  to  the  northward 
of  Nottoway  River  it  was  to  come  down  the  Blackwater 
to  the  Nottoway  and  then  west  to  the  mountains.  On  the 
part  of  North  Carolina,  Christopher  Gale,  John  Smith, 
Edward  Moseley,  and  William  Little  were  appointed  the 
commissioners,  and  William  Byrd,  Richard  Fitzwilliam,  and 
W.  Dandridge  were  to  act  for  Virginia,  representing  the 
interest  of  the  Crown.  On  March  7th  a  cedar  post  was  fixed 
on  the  seashore  as  the  beginning  of  the  line.  Four  days 
later  they  struck  the  land  ''formerly  belonging  to  Governor 
Gibbs,"  now  to  Mr.  Bladen,  one  of  the  Lords  of  Trade, 
which  was  found  to  lie  in  North  Carolina.  The  line  cut  the 
Blackwater  above  the  mouth  of  the  Nottoway,  and  so  the 
surveyors  followed  the  stream  down  to  the  point,  the  report 
saying  that  the  former  Virginia  commissioners  had  been 
in  error  twenty-one  and  one-half  miles.  So  there  were 
thrown  into  Carolina  a  great  quantity  of  land  and  many 
families  that  had  formerly  been  claimed  by  Virginia,  com- 
puted at  a  hundred  thousand  acres  of  land  and  three  hun- 
s*™"thc  dred  tithables.  It  is  also  noted  that  when  the  surveyors 
Dismal  struck  Dismal  Swamp  the  Virginia  surveyors  went  around 
c.r..  1*1,755  it,  but  the  North  Carolina  surveyors  boldly  essayed  the 
attempt  and  passed  through  it.  The  first  one  to  come  out 
on  the  west  side  was  young  Sam  Swann,  a  nephew  of 
Moseley,   whose   vigor,   energy  and   learning  subsequently 


1728 


THE  KING  PURCHASES  CAROLINA  217 

led  to  his  taking  a  prominent  part  in  the  affairs  of  the  »j* 

colony.  On  April  5th  the  commissioners  suspended  the 
work,  which  was  resumed  on  September  25th,  and  a  week 
later  the  Roanoke  was  reached. 

On  October  6th,  when  Hycootte  Creek  was  reached,  one  c.r.,  11,776 
hundred  and  sixty-eight  miles  from  the  inlet  and  forty-five 
miles  west  of  the  Roanoke  River,  the  North  Carolina  com- 
missioners resolved  that  they  had  gone  far  enough  for  the 
present,  it  being  fifty  miles  beyond  any  inhabitants.     The  c.r.,ii, 
Virginia  surveyors,  however,  preferred  going  on,  and  ran    ,5 
the  line  about  seventy-two  miles  farther  west,  being  alto- 
gether a  distance  of  two  hundred  and  forty-one  miles  from 
the  sea,  reaching  the  hills  of  the  present  county  of  Stokes. 

Purchase  by  the  Crown 

There  had  been  some  movement  looking  to  the  purchase 
of  the  Carolinas  by  the  Crown,  which  perhaps  was  inter- 
rupted by  the  sudden  death  of  the  king  in  1727,  but  in 
January,  1728,  a  number  of  the  Lords  Proprietors  united 
in  a  memorial  offering  to  surrender  their  interests ;  and  an 
agreement  for  the  surrender  being  reached,  an  act  of  Par- 
liament was  prepared  authorizing  and  establishing  the  agree- 
ment, and  the  conveyance  was  made.  At  that  time  the  eight 
shares  were  held  and  owned  by  the  following  Proprietors: 
That  of  Clarendon  by  James  Bertie;  that  of  Albemarle  by  Ti^Ya"1,33 
the  Duke  of  Beaufort ;  that  of  Craven  by  Lord  Craven ;  that  Proprietors 
of  Colleton  by  Sir  John  Colleton ;  that  of  Carteret  by  Lord 
John  Carteret;  that  of  Ashley  by  a  minor,  John  Cotton; 
that  of  Sir  John  Berkeley  by  Joseph  Blake,  and  that  of 
Sir  William  Berkeley  by  Mary  Dawson,  widow  of  John 
Dawson,  or  Elizabeth  Moore  or  Henry  Bertie,  there  being  a 
legal  controversy  to  determine  their  rights. 

All  joined  in  the  conveyance  except  Lord  John  Carteret, 
who  was  at  that  time  lieutenant-general  and  governor  of 
the  Kingdom  of  Ireland,  and  his  share  was  reserved  to  him. 

By  the  agreement,  each  of  the  seven  shares  was  to  be   Sale  corn- 
purchased  at  the  price  of  £2,500,  being  £17,500  in  all;  and  June, '1729 
the  payment  was  to  be  made  and  the  conveyance  executed 
in  June,  1729.    There  was,  however,  a  considerable  amount 


2l8 


BURRINGTON  AND  EVERARD,  1724-31 


1738 
— »— » 

Carteret 
retains 
his  share 


Everard 
breaks  with 
Gale 


C.  R.,  HI,  2 


C.  R.,  Ill,  5 


The  Lords 
of  Trade 


C.R.,  III,63 


The 

cu:rencv  act 
C.  R.f  III, 
M5 


of  quit  rents  due  to  the  Proprietors,  and  to  satisfy  their 
claim  for  rents  the  king  allowed  them  an  additional  sum 
of  £5,000. 

Notice  of  the  proposed  sale  was,  in  December,  1728,  con- 
veyed to  the  governor  and  council,  and  the  council  addressed 
a  memorial  to  the  king  manifesting  their  happiness  in  the 
transfer  of  the  province  to  the  protection  of  the  Crown, 
and  then  they  continued :  "That  it  was  with  the  greatest 
sorrow  that  they  felt  obliged  to  make  remonstrance  against 
the  character  of  Sir  Richard  Everard,  whose  incapacity, 
weakness,  disregard  of  law,  wickedness,  and  violence"  they 
proceeded  to  set  out  with  great  particularity. 

On  the  other  hand,  some  three  weeks  later  Sir  Richard 
published  a  declaration  to  convince  mankind,  and  in  par- 
ticular the  inhabitants  of  the  province,  that  all  the  unhappy 
misunderstandings  and  dissensions  between  him  and  the 
Assembly  and  other  gentlemen  of  good  note  were  owing  to 
the  calumnies  and  false  information  given  him  by  Chief 
Justice  Gale,  John  Lovick  and  William  Little,  who  he  de- 
clared were  the  only  enemies  to  the  repose  and  quiet  of  the 
people. 

Burrington  appears  to  have  been  at  that  time  at  his 
plantation  on  the  Cape  Fear,  but  he  soon  departed  for  Lon- 
don. There,  in  August,  he  had  the  satisfaction  of  presenting 
to  the  authorities  this  declaration  of  Sir  Richard's,  which 
was  a  tardy  vindication  of  his  own  character  from  the  former 
representations  of  both  Gale  and  the  governor.  The  Board 
of  Trade,  to  whom  was  committed  the  affairs  of  the  colony, 
now  had  before  them  the  statement  of  the  council  reflecting 
on  Everard  and  the  proclamation  of  Everard  denouncing 
Gale  and  Little ;  while  another  paper  was  received  by  them, 
ostensibly  the  remonstrance  of  the  inhabitants  of  North 
Carolina  against  the  appointment  of  Burrington  as  gov- 
ernor. In  the  meanwhile,  the  administration  of  the  province 
was  not  interfered  with,  and  Everard,  Gale  and  their  associ- 
ates remained  in  undisturbed  possession  of  their  respective 
offices. 

After  the  execution  of  the  deed  transferring  the  province, 
and  probably  with  information  of  it,  but  before  official  noti- 
fication, at  its  session  of  1729  the  Assembly  passed  a  very 


THE  CURRENCY  ACT  219 

important  act  relating  to  the  currency,  making  Sir  Richard  a  •  w 

present  of  £500  in   consideration   of  his   assenting  to   it. 

Dr.  Hawks,  with  a  copy  of  the  act  before  him,  says  that  it 

was  passed  in  1727,  and  was  to  go  into  effect  in  1728;  but 

in  that  he  was  mistaken :  perhaps  such  a  bill  was  prepared 

for  the  Assembly  of  1727,  and  the  copy  he  saw  was  a  bill 

drawn  up  two  years  before  it  was  enacted  into  a  law. 

By  that  act  five  commissioners  were  appointed  to  prepare  The 
and  issue  bills  to  the  amount  of  £40,000.  One-fourth  was  to  2reBCy 
be  delivered  to  the  treasurer  to  redeem  the  old  bills,  which 
if  not  redeemed  were  to  become  valueless  within  a  fixed 
time.  A  treasurer  was  appointed  for  each  precinct,  and  the 
residue  of  the  bills  was  to  be  apportioned  among  the  pre- 
cincts according  to  their  several  needs  and  lent  out  by  the 
precinct  treasurers  to  citizens  on  mortgages  of  unencumbered  17*9 
real  estate  of  twice  the  value  of  the  loan.  The  loans  were 
to  be  repaid  in  fifteen  years,  one-fifteenth  and  the  interest 
being  paid  each  year,  the  rate  of  interest  being  6}4  per  cent. 
The  loan  feature  of  the  act  had  been  in  use  in  South  Caro- 
lina and  in  other  colonies  and  had  proved  a  beneficent  gov- 
ernmental operation,  and  doubtless  was  of  much  advantage 
to  the  people  of  North  Carolina.  While  it  was  provided  that 
twenty  shillings  of  the  bills  were  to  be  held  as  being  worth 
fifteen  pennyworth  of  silver  as  current  in  Virginia,  yet  as 
they  might  alter  in  value,  it  was  provided  that  each  suc- 
ceeding legislature  should  periodically  revise  this  arrange- 
ment and  declare  the  value  in  silver  of  twenty  shillings 
in  bills  according  to  the  then  situation.  Contracts  specifi- 
cally made  to  be  paid  in  sterling  money  or  in  gold  and 
silver  were  not  at  all  affected  by  this  act. 

This  law  took  effect,  and  there  being  about  £10,000  of  the 
former  issue  of  bills  outstanding,  they  were  retired ;  and  the 
currency  of  the  province  was  this  new  paper  money  when 
the  king's  officers  came  into  authority,  and  so  continued  for 
many  years,  for  although  the  validity  of  the  act  was  ques- 
tioned, it  was  never  repealed. 

The  end  of  the  proprietary  government  had  now  come,   End  of 
and  with  it  passed  away  the  distinctive  features  of  admin-  gwmme^t 
istration  founded  on  the  Fundamental  Constitutions.    Until 
then  the  office  of  Palatine  had  survived,  and  landgraves  and 


220  BURRINGTON  AND  EVERARD,  1724-31 

U*  caciques — the  orders  of  Carolina  nobility.    With  the  end  of 

the  proprietary  system  these  all  necessarily  fell.    But  other 
than  that  the  transfer  to  the  Crown  worked  but  little  change 
in  the  general  system  of  government, 
influence  For  two-thirds  of  a  century  the  colony  had  been  under 

franker  the  general  management  of  the  Proprietors ;  but  left  largely 
to  itself,  it  had  developed  on  its  own  lines.  The  grant  to 
Charles's  courtiers  of  an  immense  territory  in  the  wilds 
of  an  unsettled  continent  could  not  have  been  expected  to 
bring  them  speedy  fortune.  It  entailed  some  considerable 
outlay  at  first,  and  the  development  being  slow,  no  riches 
had  been  amassed  at  the  expense  of  the  settlers.  Still,  one- 
eighth  of  Carolina  was  a  noble  patrimony,  and  had  the  Pro- 
prietors been  able  to  retain  their  shares  for  another  gen- 
eration, and  had  acceptable  agents  to  represent  their  inter- 
ests after  population  had  thickened,  they  would  have  en- 
joyed  a   princely  inheritance. 

Conditions  in  North  Carolina 

«iJST  Naturally  the  growth  of  North  Carolina  had  been  par- 

ticularly slow.  The  situation  was  much  less  favorable  than 
in  the  settlements  to  the  north,  or  even  in  South  Carolina. 
To  the  first  plantations,  situated  on  Albemarle  Sound,  access 
was  difficult  and  dangerous.  Roanoke  Inlet  was  not  only 
shallow,  but  beset  with  treacherous  and  shifting  shoals;  and 
Ocracoke,  though  bolder,  was  not  well  known,  while  the 
storms  of  Hatteras  were  a  perpetual  menace  to  adventurous 
merchantmen.  The  absence  of  a  good  port  and  harbor 
tended  to  stifle  the  growth  of  the  colony,  while  more  favored 
and  attractive  localities  drew  elsewhere  the  enterprising  emi- 
grants from  Europe  who  sought  new  homes  in  America. 

Life  was  easy  and  pleasant,  but  the  population  was  so 
sparsely  seated  that  social  advantages  and  the  benefits  that 
attend  the  gathering  together  of  many  families  into  a  com- 

Education  pact  community  were  deplorably  lacking.  There  were  no 
public  schools.  There  were  doubtless  some  schools  and  also 
some  tutors  employed  on  the  plantations,  but  no  academies 
for  the  improvement  of  the  young  had  been  established  in 
the  colony.  But  notwithstanding  the  absence  of  schools,  edu- 
cation was  not  entirely  neglected.  A  will  of  that  period  con- 


EDUCATION  IN  THE  PROVINCE  221 

tains  this  direction :  "I  will  that  my  slaves  be  kept  at  work  !™ 

on  my  lands,  that  my  estate  may  be  managed  to  the  best 
advantage,  so  as  my  sons  may  have  as  liberal  an  education 
as  the  profits  thereof  will  afford.  And  in  their  education  I 
pray  my  executors  to  observe  this  method:  Let  them  be  off!^'11' 
taught  to  read  and  write,  and  be  introduced  into  the  prac-  Sutc 
tical  part  of  arithmetic,  not  too  hastily  hurrying  them  to 
Latin  or  grammar;  but  after  they  are  pretty  well  versed 
in  these,  let  them  be  taught  Latin  and  Greek.  I  propose 
this  may  be  done  in  Virginia,  after  which  let  them  learn 
French.  Perhaps  some  Frenchman  at  Santee  will  under- 
take this.  When  they  are  arrived  to  years  of  discretion  let 
them  study  the  mathematics.  I  will  that  my  daughter  be 
taught  to  write  and  read  and  some  feminine  accomplish- 
ment which  may  render  her  agreeable,  and  that  she  be  not 
kept  ignorant  as  to  what  appertains  to  a  good  housewife  in 
the  management  of  household  affairs." 

There  was  but  little  organized  religion  among  the  inhab-  Few 
itants,  except  alone  the  Society  of  Friends.    Efforts  to  build  miat%Un 
churches  and  engage  pastors  of  the  established  Church  of 
England  had  not  been  effective.     There  was  generally  a 
missionary  or  two  in  the  vicinity  of  Edenton,  but  sometimes 
not  one  was  resident  in  the  whole  province.    An  effort  had 
been  made  to  found  a  library  at  Bath,  and  Edward  Moseley, 
whose  liberal  views  had  thrown  him  on  the  side  of  the 
Quakers  in  what  was  known  as  the  "troublesome  time"  of  Libraries, 
1708  to  171 1,  and  who  was  ever  among  the  foremost  in        M    ,53 
patriotic  works,  had  presented  a  well-selected  library  to  be 
kept  at  Edenton,  setting  an  excellent  example  of  practical 
philanthropy,  which,  however,  neither  Pollock  nor  Eden  nor 
Gale  nor  any  of  his  wealthy  antagonists  was  inclined  to 
follow. 

Dr.  Brickell,  writing  in  1731,  says:  'The  want  of  Protes-  Dcnomina- 
tant  clergy  is  generally  supplied  by  some  schoolmaster,  who 
reads  the  liturgy  and  then  a  sermon.  Next  to  the  Quakers 
the  Presbyterians  are  the  most  numerous.  They  have  had 
a  minister  of  their  own  for  many  years,  chiefly  along  the 
Neuse" ;  while  still  earlier  there  had  been  some  independent 
preachers,  who  claimed  neither  holy  orders  nor  affiliation 


lions 


222 


BURRINGTON  AND  EVERARD,  1724-31 


The 
Baptists 
N.  C.  Bapt. 
Hist.  Papers 


with  any  organized  church.  Mostly  around  Bath  clustered 
the  Roman  Catholics,  who  had  a  clergyman  of  their  own. 

The  first  Baptist  congregation  was  organized  about  the 
time  when  the  proprietary  rule  was  drawing  to  its  close.  "In 
1727  the  Baptists  organized  a  single  church,  now  known 
as  Shiloh,  in  Camden  County."  Two  years  later  Everard, 
writing  to  the  Bishop  of  London,  said  that  when  he  first 
came  over,  in  1725,  there  were  no  dissenters  except  Quakers 
in  the  government;  but  now  Paul  Palmer,  the  Baptist 
teacher,  had  gained  hundreds;  and  he  asserted  that  the 
Quakers  and  Baptists  were  then  flourishing  among  the 
North  Carolinians.  He  mentions  that  there  was  at  that 
time  not  a  single  clergyman  in  the  province,  meaning  of  the 
Church  of  England,  while  the  Quakers  and  Baptists  were 
very  busy  making  proselytes  and  holding  meetings  daily  in 
every  part  of  the  government.  There  was  no  ground  for 
any  friction  among  the  people  on  the  score  of  religious 
differences.* 

The  industries  were  very  limited.  Besides  farm  work, 
there  was  some  shipbuilding,  for  early  in  the  settlement  a 
colony  from  the  Bermudas  had  begun  that  as  an  occupation, 
and  it  had  been  continued  without  interruption.  Mention 
was  made  of  a  young  man  being  brought  from  Virginia  to 
be  apprenticed  in  Albemarle  to  learn  the  shipbuilding  trade, 
and  Matthew  Rowan  came  from  Ireland  to  build  a  ship  or 
two  for  some  persons  in  Dublin.  The  building  of  ships  was 
one  of  the  established  industries  of  the  colony. 

In  the  whole  province  there  were  in  1729  about  30,000 
inhabitants;  for  four  years  later,  in  1733,  allowing  for  about 
1000  immigrants  coming  in  subsequent  to  his  own  arrival, 
Governor  Bnrrington  estimated  the  whites  at  30,000,  the 
negroes  at  6000  and  the  Indians  at  800. 

With  such  a  small  population,  many  very  poor  and  ex- 
pending their  energies  in  clearing  fields  and  in  building 
cabins  for  temporary  abode,  each  family  measurably  depen- 
dent on  its  own  labor  and  resources,  as  hired  help  must 
necessarily  have  been  scarce,  there  could  be  but  little  expec- 
tation of  those  social  conditions  that   are  developed  in  a 


c.  R.,  Ill, 

48 


Industries 


C.R.,  II,24i 


Population 
C.  R.,  Ill, 

433 


Social 
conditions 


♦In  1729  an  act  was  passed  that  apparently  gave  to  the  freeholders 
in  each  parish  the  right  of  electing  the  vestrymen. 


SOCIAL  CONDITIONS  223 

long-settled  and  concentrated  community.     But  the  colony  w 

was  on  the  eve  of  a  fuller  development  at  the  very  time  that 
the  Proprietors  conveyed  their  interest  to  the  Crown.  The 
opening  of  the  Cape  Fear  River  to  settlement,  giving  a  very 
fair  port  to  the  colony,  was  followed  by  a  considerable 
immigration  to  that  section,  which  soon  became  of  greater 
importance  commercially  and  industrially  than  the  more 
northern  portion  of  the  province. 

Dr.  Brickell,  in  his  "Natural  History  of  North  Carolina,"  The 
written  about  1731,  mentions  incidentally  that  New  Bern  indiam 
"has  but  few  houses  or  inhabitants ;  Hancock  Town,  on  the 
northwest  branch  of  Neuse  River,  about  two  hundred  miles 
from  its  mouth,  formerly  an  Indian  town,  and  where  they 
had  a  fort  in  time  of  war ;  Beaufort  is  small  and  thinly  in- 
habited; Brunswick  has  a  great  trade,  a  number  of  mer- 
chants and  rich  planters."  Of  the  Indians  he  gives  some 
account.  Those  that  lived  near  the  settlement  numbered  not 
over  fifteen  hundred  or  sixteen  hundred,  including  women 
and  children.  There  were  three  kings — King  Blount,  King 
Durant,  King  Highter.  "They"  pay  tribute  once  or  twice  a 
year.  The  women  make  the  corn,  the  men  hunt.  They  live 
in  wigwams,  except  the  civilized  kings,  who  have  houses. 
The  Indians,  being  of  several  nations,  have  different  cus- 
toms. Some  are  civilized  and  are  very  serviceable  to  the 
planters,  hunt  and  fowl  for  them,  make  weirs,  assist  in  plant- 
ing corn,  etc.  Many  also  speak  English.  There  was  formerly 
a  nation  called  the  Pasquotanks,  who  kept  cattle  and  made 
butter,  but  at  present  none  have  cattle/'  He  mentions  that 
there  were  "no  Muchapungoes  or  Coranines  to  be  met  with 
at  this  clay,  1731.  The  Saponas  live  on  the  west  branch  of 
the  Cape  Fear ;  the  Toteros  are  neighbors  to  them ;  the 
Keyawees  live  on  a  branch  of  the  Cape  Fear  that  lies  to  the 
northwest."  He  also  states  that  "the  Indians  have  a  great 
aversion  to  the  negroes,  and  kill  them  when  they  find  them  in 
the  woods."  He  made  an  extended  journey  to  the  western 
part  of  North  Carolina  on  an  embassy  to  the  Indians  inhabit- 
ing there.  Two  or  three  years  later  Burrington  mentioned 
that  the  smaller  tribes,  who  had  resided  near  the  settlements, 
had  entirely  disappeared. 


■0,85 


THE  FOURTH  EPOCH— 1729-65 
NORTH  CAROLINA  AS  A  ROYAL  PROVINCE 


CHAPTER  XVIII 

BURRINGTOX'S    SECOND   ADMINISTRATION,    I73I-34 

The  Board  of  Trade. — The  seal. — Everard's  enemies. — Burrington 
appointed  governor. — The  province  during  the  interim. — Burrington 
arrives. — Opposition  to  the  royal  instructions. — The  first  royal 
Assembly. — Afatters  of  controversy. — Currency  act  declared  void. — 
The  quit  rents. — Fees  of  officers. — The  Assembly  affronted. — The 
basis  of  political  action. — Burrington's  instructions. — He  dispenses 
with  the  Assembly. — Appoints  new  councillors. — Schoolmasters. — 
The  general  court. — The  governor  erects  new  precincts. — His 
action  disregarded. — New  conflicts. — Burrington's  arbitrary  conduct. 
— He  is  removed. — The  second  Assembly. — Chief  Justice  Little 
arraigned. — The  governor  addresses  the  house. — The  third 
Assembly. — Burrington  attempts  to  vindicate  himself. — He  rules 
without  council  or  Assembly. — The  difficulties  of  the  situation. — 
Altered  patents. — His  opinion  of  the  people. — Controversial  docu- 
ments.— His  progressive  action. — Dividing  line  between  the  Caro- 
linas. — Landgrave  Smith's  grant. — Questions  settled  and  unsettled. — 
The  province  grows. — Religious  conditions. — The  last  Assembly  to 
meet  Burrington. — No  act  passed  during  his  administration. 

The  Board  of  Trade 

!£2  South  Carolina  had  been  a  royal  province  several  years 

when,  upon  the  transfer  of  seven  of  the  proprietary  shares 
of  Carolina  to  the  king,  the  administration  of  public  affairs 
in  North  Carolina  was  likewise  assumed  by  the  Crown.  The 
management  of  the  province  now  fell  to  the  care  of  the 
commissioners  for  trade  and  plantations,  a  board  of  the 
Privy  Council  restored,  after  a  lapse  of  twenty  years,  in 
1696,  and  at  this  time  composed  of  the  Earl  of  Westmore- 

cRmHI,  ian(^  pa  Dominique,  Thomas  Pelham,  Edward  Ashe,  Martin 
Bladen,  W.  Cary,  Sir  Oliver  Bridgman,  and  Sir  Thomas 
Frankland.  To  this  board  was  committed  the  determina- 
tion of  all  administrative  questions  relating  to  the  colonies, 


EVERARD  FAILS  OF  REAPPOINTMENT  225 

the  governors  being  appointed  on  its  recommendation  by  w 

the  king  and  council,  and  the  chief  officers,  although  desig- 
nated by  it,  also  being  commissioned  by  the  Crown. 

The  original  seal  of  the  county  of  Albemarle  had  been  The  seal 
continued  in  use  as  the  seal  of  North  Carolina,  while  the  £,  m^111. 
Lords  Proprietors  had  the  great  seal  of  their  province  of 
Carolina  at  London.  This  seal,  adopted  shortly  after  the 
royal  grant  was  made,  bore  on  one  side  of  it  a  scroll,  on 
which  were  sketched  two  well-filled  cornucopias  supported 
by  two  Indians,  together  with  legends  and  heraldic  orna- 
mentation. Upon  the  transfer  of  dominion  to  the  Crown, 
a  new  seal  becoming  necessary,  the  commissioners  adopted 
one  similar  to  that  of  the  Lords  Proprietors ;  the  two  figures 
and  the  cornucopias  were  preserved,  but  now  the  devices 
represented  Liberty  presenting  Plenty  to  the  king ;  and  this 
seal,  with  some  slight  alterations,  has  continued  to  be  the 
great  seal  of  the  State  of  North  Carolina. 

Notwithstanding  the  sale,  Sir  Richard  Everard  might  EveranT* 
have  been  retained  as  governor;  but  if  there  was  a  dis-  c"eR.,,eiH,s 
position  to  continue  him  in  the  administration  his  enemies 
succeeded  in  rendering  it  impossible.  The  contest  between 
them  was  a  bitter  one.  Everard,  perhaps  in  view  of  the 
change,  had  broken  with  Gale  and  his  son-in-law,  William 
Little,  and  throwing  himself  into  the  arms  of  the  popular 
party,  had  ascribed  all  of  his  delinquencies  to  the  bad  advice 
of  those  men,  his  former  friends,  whom  he  now  denounced 
in  unmeasured  terms.  They,  on  the  other  hand,  hastened  to 
make  representations  and  prefer  charges  against  him  that  2-4^31 m' 
destroyed  the  possibility  of  his  retention.  They  alleged 
that  he  was  a  party  to  frauds  in  the  issuing  of  land  grants 
to  the  disadvantage  of  the  king ;  that  he  was  arbitrary,  tyran- 
nical and  violent  in  his  conduct;  and,  moreover,  that  he 
was  disaffected  toward  the  reigning  house — that  he  had 
hailed  the  death  of  George  I  in  1727  with  joy,  declaring, 
"Now  farewell  to  the  house  of  Hanover" ;  and  especially 
that  he  had  been  concerned  in  the  Preston  rebellion,  the 
rising  at  Preston  in  favor  of  the  Pretender  in  171 5.  Before 
this  last  allegation  was  made  public  in  the  colony,  Edmond 
Porter,  who  had  returned  to  North  Carolina  in  1725  and 
was  now  judge  of  admiralty,  was  industrious  in  befriending 


226  BURRIXGTOX'S  SECOXD  ADMIXISTRATION,  1731-34 

XJ*»  Everard;  and  particularly  he  represented  to  the  Secretary 

of  State,  the  Duke  of  Newcastle,  that  Everard,  upon  learn- 
ing of  the  purchase  by  the  Crown,  had  given  written  orders 
that  no  more  patents  for  land  should  be  issued  until  new 

S.«9,m'  instructions  should  be  received:  but  that  Lovick,  the  secre- 
tary, and  Moseley,  the  surveyor,  were  disobedient  and  had 
utterly  disregarded  the  governor's  positive  orders.  But 
Porter  himself  had  been  accused  of  having  participated  in 
the  same  rising,  after  he  had  fled  from  Albemarle  on  the 
suppression  of  Cary's  adherents,  and  when  this  charge  was 
made  against  the  governor  Porter  quickly  withdrew  his 
support.  Indeed,  as  soon  as  Everard's  loyalty  was  called 
in  question  every  friend  fell  away  from  him,  and  the  charge 
proved  fatal  to  his  hopes. 

Burlington  appointed  governor 

Burrington,  who  had  continued  to  reside  on  his  Cape 
Fear  plantations,  now  hastened  to  England  to  press  his  own 
claim :  and  with  all  the  documents  with  him,  he  was  able 
to  clear  himself  of  the  defamatory  allegations  Gale  and  his 
party  had  formerly  made  against  him,  and  he  succeeded 

c.  r.,  in,  jn  securing  the  prize.  In  the  fall  of  1729  it  was  decided 
that  he  should  be  appointed  governor,  and  the  next  Jan- 
uary his  commission  was  signed ;  but  his  instructions  were 
not  finally  prepared  until  December,  1730,  when  he  took  his 
departure  for  Carolina. 

c.  r.,  in,  Being  directed  to  recommend  officers,  he  desired  that  the 
following  persons  should  be  of  his  council :  James  Jenoure, 
surveyor;  Robert  Hal  ton,  Edmond  Porter,  John  Baptista 
Ashe,  Eleazar  Allen,  Matthew  Rowan,  Cornelius  Harnett, 
and  John  Porter;  also  James  Stallard  and  Richard  Evans, 

1730  who,  however,  never  came  to  Carolina.     Burrington  would 

make  no  recommendation  for  chief  justice  and  secretary, 
leaving  their  selection  to  Colonel  Bladen,  who  designated 
for  chief  justice  William  Smith,  a  young  barrister  of  Lon- 
don ;  and  for  secretary,  Nathaniel  Rice,  his  own  son-in-law ; 
while  John  Montgomery  was  later  appointed  attorney- 
general. 

province  When  information  was  received  in  the  colony  of  the  pur- 

tour!mthc     chase  by  the  Crown,  in  the  absence  of  particular  directions, 


BURRINGTON  ARRIVES  227 

there  was  some  cessation  of  the  exercise  of  governmental  55 

functions.  The  legislature  held  its  session  as  usual  in 
November,  1729,  and  with  Everard's  assent  passed  several  c.r.$iii, 
acts,  particularly  one  for  the  issue  of  £40,000  of  paper  cur-  H5 
rency;  and  presently  there  was  unusual  activity  in  locating 
blank  patents,  which  had  long  since  been  issued,  and  some 
of  them  without  the  payment  of  any  purchase  money.  But 
the  chief  justice  ceased  to  hold  courts  and  the  members  of  the 
council  did  not  attend  the  governor  when  he  called  a  meet- 
ing of  the  board.  So  it  happened  that  for  two  years  previous 
to  Burrington's  return  no  general  court  was  held,  nor  any 
Assembly  for  eighteen  months,  while  some  of  the  precinct  ^  '  ' 
courts  had  likewise  suspended  their  sessions,  and  there 
was  a  general  arrest  of  the  operations  of  government.  The 
condition  was  one  tending  to  anarchy,  but  the  people  were 
busy  and  there  were  no  riots  nor  serious  disturbances.  Still 
it  was  desirable  to  re-establish  at  once  the  regular  and 
orderly  administration  of  justice  and  to  have  the  Assembly 
convene  to  meet  the  new  governor  and  recognize  the  changes 
produced  by  the  purchase  and  prescribed  in  his  instructions. 

On  reaching  Edenton  toward  the  end  of  February,  Bur-  gJii^,^ 
rington,  together  with  several  of  his  new  councillors,  took  g^R^iii 
the  oaths  of  office  and  immediately  issued  writs  for  the  w** 
election  by  the  freeholders  of  an  Assembly,  which  was  called 
to  meet  on  April  13th,  and  ordered  a  general  court  to  be 
held  at  Edenton  on  April   1st.     When  the  court  met  the 
grand  jurors  for  the  entire  province  made  a  loyal  address 
to  his  Majesty  the  king,  reciting  that  as  it  was  the  first  court 
held  since  the  purchase,  they  took  the  earliest  opportunity 
to  express  their  devotion  to  his  Majesty;  and  then  they 
thanked  the  king  for  the  appointment  of  Burrington  as  their 
governor. 

It  is  to  be  observed  that  neither  Moore,  Moseley  nor  Swann  Opposition 
had  any  share  in  the  administration.     It  is  said  that  Bur-  royal 
rington  had  quarrelled  with  Moore  about  the  location  of  his  lnsl^ucton, 
patent  for  five  thousand  acres  of  land,  he  proposing  to  locate 
it  on  the  rich  lime  lands  at  Rocky  Point  on  the  northwest 
branch  of  the  Cape  Fear;  but  Moore  had  preceded  him 
and  had  taken  up  those  lands  himself,  so  that  Burrington, 
disappointed  and  angry,  was  obliged  to  content  himself  with 


228  BURRINGTON'S  SECOND  ADMINISTRATION,  1731-34 

w  lands  at  Stag  Park,  several  miles  higher  up  that  river.    This, 

together  with  other  causes  of  difference,  led  to  personal 
antagonism  between  Burrington  and  Moore's  connections; 
but  there  was  no  opposition  manifested  to  him  immediately 
on  his  arrival.  Doubtless  the  leading  inhabitants  felt  a  keen 
interest  in  the  changes  that  would  probably  attend  the  pur- 
chase by  the  king,  and  they  waited  developments  with 
anxiety.  Just  before  the  Assembly  was  to  convene,  in  April, 
Ashe  arrived  at  Edenton  from  the  Cape  Fear  to  attend  the 
council,  and  the  tenor  of  Burrington's  instructions  became 
known.  Until  then  all  had  been  agreeable  at  the  council 
board ;  but  Ashe  immediately  began  to  oppose  the  governor, 
and  endeavored  by  "false  reasoning  and  fallacious  argument" 

c.^Rniii,  ^0  impose  upon  the  judgment  of  the  other  councillors.  Un- 
successful at  first,  he  soon  gained  the  chief  justice  and 
Edmond  Porter  to  join  him.  And  after  the  Assembly  met,  it 
was  not  long  before  the  members  of  that  body  were  also 
earnestly  co-operating  with  him. 

The  first  royal  Assembly 

Moseley  was  the  speaker.    The  governor  at  the  opening 
of  the  session  presented   a  written  address,   for  the  kind 
terms  of  which  the  Assembly  resolved  to  return  him  thanks ; 
and  then  they  began  the  consideration  of  the  matters  called 
to  their  attention  in  the  address.    Among  these  recommen- 
dations was  one  to  appoint  an  agent  to  look  after  the  affairs 
of  the  province  in  England,  which  later  was  acted  on  by  a 
subsequent  Assembly,  and  this  channel  of  communication 
?i  RiJ11'     w*tn  ^e  auth°rities  at  London  eventually  became  highly  im- 
portant; another  was  to  prevent  the  depreciation  of  paper 
currency,  and  still  another  to  establish  a  new  town  on  the 
Cape  Fear,  and  to  appoint  commissioners  for  that  purpose. 
This  last  proposition  ignored  the  town  of  Brunswick,  which 
Moore  had  laid  out  in  1725,  and  which  had  become  a  mart 
of  commerce  and  had  been  made  two  years  before  the  seat 
of  government  for  New  Hanover  Precinct;  and  it  was  a 
direct  blow  aimed  by  Burrington  at  Moore's  interests. 
Ma«e«  of         Three  days  later  Speaker  Moseley  and  some  other  leading 
c.nRTn"y    members  of  the  house  waited  on  the  governor  and  asked 
,331         him  if  he  would  not  ratify  the  currency  act  and  some  other 


BURRINGTON  OPPOSES  THE  ASSEMBLY  229 

laws  whose  validity  was  in  doubt,  as  they  had  been  assented  w 

to  by  Governor  Everard  after  the  news  had  been  received  of 
the  purchase  by  the  Crown.  This  Burrington  not  only  re- 
fused to  do,  but  he  declared  the  currency  act  was  a  nullity ; 
and  to  show  that  he  disregarded  it  he  appointed  William 
Smith,  the  new  chief  justice,  treasurer  of  the  province  in  the 
room  of  Edward  Moseley,  who  was  appointed  treasurer  in 
that  act.  This  the  Assembly  resented,  and  it  hotly  repre- 
sented that  the  province  already  had  a  treasurer  with  whose 
ability  and  integrity  they  were  very  well  satisfied ;  and  who, 
having  been  appointed  in  an  act  of  Assembly  by  the  governor, 
council  and  Assembly,  could  not  be  removed  but  by  the  like 
power.  The  governor,  a  majority  of  the  council  adhering 
to  him,  replied  that  Moseley  was  indeed  a  person  of  sufficient 
ability,  "and  we  heartily  wish  that  his  integrity  was  equal 
to  it";  and  as  to  his  appointment  they  said  "the  act  of  1729, 
by  which  he  was  appointed,  is  void,"  that  being  the  act 
under  which  all  the  paper  money  then  current  in  the  province 
had  been  issued.  This  attack  on  the  speaker,  involving  also  c.  r  ,  in, 
the  validity  of  the  currency,  led  to  a  declaration  by  the  a68*3°a 
Assembly  that  Moseley's  "integrity  was  equal  to  his  abili- 
ties," and  that  the  act  of  1729  was  not  void;  and  even  if 
it  should  be  disallowed  by  the  king,  Moseley's  appointment 
was  also  under  previous  acts,  whose  validity  was  unques- 
tioned. 

In  Burrington's  instructions  reference  was  made  to  the  Sl'dSSired 
large  amounts  of  quit  rents  that  were  many  years  in  arrears  void 
in  Carolina  at  the  time  of  the  purchase,  and  the  king  offered 
to  remit  those  arrearages  if  the  Assembly,  in  an  act  on  that 
subject,  would  require  all  grants  to  be  recorded  in  the  office 
of  the  receiver  or  auditor,  so  that  a  perfect  rent  roll  could 
be  made  out,  and  would  further  require  the  payment  of 
rents  to  be  in  proclamation  money,  and  that  fees  should  be 
paid  in  proclamation  money  also — that  is,  in  current  specie 
of  foreign  coinage  the  value  of  which  was  ascertained  and 
fixed  in  sterling  money  by  proclamation  of  the  Crown. 

Referring  to  this  offer,  the  Assembly  informed  the  gov-  Quit  rents 
ernor  that  while  the  rents  were  largely  in  arrears  in  South  294R"  n1, 
Carolina,  they  had  been  regularly  paid  in  this  province,  and 
that  the  king's  offer  was  of  no  interest  to  the  inhabitants 


230  BURRINGTON'S  SECOND  ADMINISTRATION,  1731-34 

U&  of  North  Carolina ;  yet  it  passed  a  bill  requiring  all  future 

grants  to  be  recorded  in  the  receiver's  office,  and  offered 
to  pay  the  quit  rents  in  tobacco  or  other  products  or  in  bills 
at  some  small  discount;  but  the  Assembly  would  not  agree 
to  make  payment  in  specie  at  all.  The  governor  insisted 
that  the  rents  were  payable  in  sterling  money,  and  that  he 
and  his  council  were  authorized  to  regulate  the  fees, 
officer  These  fees  had,  by  an  act  of  Assembly,  for  twenty  years 

c.  r.,  in,  been  payable  in  paper  currency  at  its  face  value,  but  the 
governor,  basing  his  action  on  his  alleged  instructions,  had 
already  ordered  that  the  officers  should  not  be  required 
to  receive  the  bills  unless  at  the  rate  of  four  for  one,  a  change 
that  increased  the  fees  fourfold.  To  this  matter  the  Assembly 
now  adverted,  declaring  the  practice  of  exacting  "four  for 
one"  illegal  and  an  extortion,  and  asked  the  governor  to 
issue  a  proclamation  forbidding  it. 

Burrington   was   a   man   of  very   strong  characteristics, 
doing  nothing  by  halves.     He  was  vain,  proud,  arbitrary 
and  violent,  intemperate  in  his  conduct,  and  entirely  self- 
reliant.    Indifferent  to  others,  when  aroused  he  worked  his 
will  with  passion,  and,  heedless  of  consequences,  struck  his 
c  r.,  in,     opponents  with  a  strong  hand.    He  himself  had  authorized 
this  practice  which  the  house  characterized  as  extortion ; 
and  full  of  indignation,  he  sent  a  message  to  the  house: 
"For  my  own  part,  I  cannot  refrain  from  telling  you  that 
whoever  the  person  was  who  formed  the  said  paper  of  com- 
plaint, I  compare  him  to  a  thief  that  hides  himself  in  a 
house  to  rob  it,  and,  fearing  to  be  discovered,  fires  the  house 
c.  r.  in      an(*  makes  his  escape  in  the  smoke."    Thereupon  the  house 
a*s   '     '     replied  that  "the  complaint  was  the  unanimous  voice  of  the 
,  whole  house,  no  member  dissenting,  and  that  they  regarded 
that  such  treatment  of  any  member  was  a  great  indignity  and 
contempt   put   upon   the   whole   house,   and   a   breach   of 
privilege." 

And  now  the  breach  between  the  governor  and  the 
assembly  was  beyond  healing ;  he  had  not  only  insulted  the 
speaker,  but  had  affronted  the  house.  Whatever  chance 
there  had  been  to  lead  the  Assembly  to  observe  his  instruc- 
tions had  been  destroyed  by  his  ill-temper,  and  his  oppo- 
nents had  triumphed.    Divergence  of  views  might  have  been 


POSITION  OF  PROVINCE  ON  THE  TRANSFER     231 

expected,  but  mere  differences  might  to  some  extent  have  w 

been  reconciled  by  a  conciliatory  policy,  while  now  adjust- 
ment had  become  impracticable. 

The  position  of  the  leading  men  in  the  province  was  sub-  The  basis  of 
stantially  that  the  purchase  by  the  king  of  the  proprietary  SJjSon 
shares  carried  with  it  only  the  rights  of  the  several  Pro- 
prietors and  worked  neither  alteration  in  the  constitution 
of  the  province  nor  in  the  rights  and  powers   which  the 
people  and  the  Assembly  had  immemorially  enjoyed,  and 
the  house  was  resolved   to  maintain  its  privileges.     Still   c.  r.,iii, 
there  was  an  inclination,  in  so  far  as  it  might  be  proposed,      '    4 
to  put  the  Assembly  on  the  footing  of  Parliament,  and  to 
concur  in  changes  tending  to  that  end.     But  Burrington  c'fc.'ffi, 
could  not  brook  opposition,  and  at  length,  on  May   17th,  ^4 
after  a  stormy  session  of  five  weeks,  during  which  no  bill 
carrying  out  any  of  the  governor's  instructions  was  passed, 
he  wearied  of  the  contest  and  prorogued  the  Assembly  until 
September.    Thus  ended  the  first  session,  with  Burrington 
baffled   and   the   opponents   of  any   constitutional   changes 
brought  somewhat  into  harmonious  action.     At  the  first, 
the  situation  being  novel  and  the  ground  untried,  the  leaders 
in  the  council  as  well  as  in  the  house  had  to  feel  their  way 
and  carefully  weld  their  associates  into  an  organized  oppo- 
sition; but  before  the  house  separated  they  had  reached 
safe  ground,  and  the  position  of  the  leaders  came  to  be  well 
understood  and  sustained  by  the  people. 

Burrington's  instructions 

Among  Burrington's  instructions  was  one  limiting  suf-  cK^nJ^ 
frage  to  freeholders,  whereas  before  all  freemen  could  vote. 
Another  was  that  in  all  acts  for  levying  money  express 
mention  should  be  made  that  the  money  was  granted  to  the 
king;  and  no  money  was  to  be  levied  which  was  not  liable 
to  be  accounted  for  to  the  king.  Others  were  that  all  officers 
were  to  be  appointed  by  the  governor  and  council,  and 
this  the  governor  held  to  embrace  the  treasurer;  that  all 
quit  rents  and  fees  should  be  paid  in  proclamation  money; 
that  the  governor  should  not  assent  to  any  bill  providing 
for  the  issue  of  paper  currency  unless  it  contained  a  clause 
declaring  that  it  should  not  take  effect  until  approved  by 


93, 100, 103 


232  BURRINGTON'S  SECOND  ADMINISTRATION,  1731-34 


School- 
masters 


the  king;  and  that  no  public  money  should  be  disposed  of 
except  by  the  governor's  warrant  approved  by  the  council, 
the  right  of  the  Assembly  to  direct  payment  without  the 
governor's  consent  being  denied. 

There  were  other  instructions  relating  to  the  quantity 
of  land  that  might  be  taken  up  and  to  the  payment  of 
quit  rents,  at  variance  with  the  Great  Deed  of  grant;  and 
that  old  instrument,  which  had  been  authenticated  by  Gov- 
ernor Archdale  in  1695  a°d  tnen  recorded,  and  which  had 
been  delivered  to  Richard  Sanderson  for  safe  keeping,  was 
produced  in  the  house  and  committed  for  preservation  to 
the  care  of  the  speaker;  and  a  direction  was  made  that  it 
should  be  formally  brought  to  the  attention  of  his  Majesty 
the  king,  with  the  hope  that  he  would  not  disregard  it. 

Among  other  instructions  that,  however,  were  not  ger- 
mane to  the  antagonisms  then  raised  was  one  in  regard  to 
schoolmasters:  "And  we  do  further  direct  that  no  school- 
master be  henceforth  permitted  to  come  from  this  kingdom 
and  to  keep  school  in  that  our  said  province  without  the 
license  of  our  Lord  Bishop  of  London,  and  that  no  other 
person  now  there,  or  that  shall  come  from  other  parts,  shall 
be  admitted  to  keep  school  in  North  Carolina  without  your 
license  first  obtained."  And  another,  that  touched  the  king's 
private  purse,  wras  for  the  particular  benefit  and  advantage 
of  the  Royal  African  Company,  "who  were  to  bring  in  a 
constant  and  sufficient  supply  of  merchantable  negroes  at 
moderate  rates." 

To  hold  the  general  court  in  April  the  governor  had  ap- 
pointed three  assistants  to  sit  with  the  chief  justice,  as  had 
been  the  custom  in  proprietary  times,  and  when  the  Assembly 
was  considering  a  court  bill  requiring  that  a  general  court 
should  be  held  four  times  a  year  in  each  of  the  counties, 
apparently  there  being  a  proposition  to  erect  a  third  county, 
inquiry  was  made  by  the  house  as  to  the  judicial  power  of 
these  assistants,  and  the  governor  and  council  replied  that 
they  had  no  judicial  power  whatever;  but  a  few  days  later 
the  governor  changed  his  opinion  and  held  that  they  had 
an  equal  voice  in  determining  all  questions  with  the  chief 
justice,  a  position  that  seemed  at  variance  with  the  powers 
and  rights  conferred  in  the  commission  of  the  chief  justice, 


c.  R., 

n6 


in, 


The 

general 

court 


C.  RM  111, 

2V<  3«°»  3" 


C.  R., 
341 


HI. 


C.  H. 


JH, 


signed  by  the  king  himself,  and  which  was  so  derogatory  to 
ihe  authority  and  station  of  the  chief  justice  that  Smith 
regarded  it  as  a  personal  affront,  and  three  days  after  the 
Assembly  was  prorogued  he  resigned  his  seat  in  the  council, 
and  a  bitter  feud  sprang  up  between  him  and  the  governor. 
A  few  days  later,  after  conferences  with  the  leading  mem- 
bers of  the  Assembly,  in  which  he  undertook  to  represent 
their  grievances  to  the  Crown,  he  left  for  England,  declaring 
that  he  was  going  to  have  Burrington  displaced;  and,  be- 
cause of  his  absence,  John  Palin  was  appointed  chief  justice 
by  the  governor  and  conned,  the  councillors  present  being 
only  John  Lovick  and  Edmond  Gale,  whom  the  governor 
appointed  that  day  for  this  special  purpose. 

Burrington  dispenses  with  the  Assembly 

In  November,  an  election  having  been  held  under  the  us* 
biennial  act  in  September,  a  new  Assembly  met  at  Eden- 
ton,  but  the  govenior  at  once  prorogued  it  to  meet  in  March,  c.  r.,  in, 
saying  that  he  had  made  representations  to  his    Majesty  a*3 
about  the  obstructive  conduct  of  the  last  Assembly,  and  had 
asked  for  further  instructions,  and  until  they  were  received 
he  himself  would  take  care  that  the  business  of  the  province 
was  transacted. 

When  he  realized  that  his  old  friends  were  alienated  and  AppoUm 
that  he  could  not  control  even  the  majority  of  those  coun-  o?*nciiioi» 
cillors  who  were  in  the  province,  Burrington  cast  about  to 
strengthen  himself  by  attaching  the  other  faction  to  him. 
In  July  he  called  a  council  at  Edenton,  which  because  of  July,  w 
the  distance  from  the  Cape  Fear  was  attended  only  by  Sur- 
veyor-General Jenoure  and  Edmond  Porter,  some  of  the 
other  councillors  not  being  in  the  province.  The  situation  did 
not,  according  to  the  terms  of  his  instructions,  warrant  his 
appointing  new  councillors ;  but  he  was  animated  by  a  pur- 
pose to  strengthen  himself  and  to  weaken  the  opposition, 
and  with  this  view,  he  appointed  John  Lovick  and  Edmond 
Gale  councillors,  persons  whom  he  had  previously  denounced 
as  being  utterly  unworthy  of  any  public  station;  and  these 
being  facile,  he  began  to  oust  those  councillors  who  were 
disagreeable  to  him. 

Beginning  with  Edmond  Porter,  who  had  formerly  been 


234  BURRINGTON'S  SECOND  ADMINISTRATION,  1731-34 

v^x  \  "  ■ 

cfk.,  in,     h*s  c'ose  friend,  but  who  was  now  not  only  in  the  opposition, 

«"  but  was  at  bitter  enmity  with  Gale  and  Little,  he  heard 

charges  brought  against  him  by  Little  and  suspended  him 

as  judge  of  admiralty,  and  turned  him  out  of  the  council; 

and  he  appointed  Gale  to  the  vacant  judicial  position.     He 

next  cited  Cornelius  Harnett  to  answer  because  of  a  debt 

Harnett    and    Rev.    Mr.    Marsden    owed    to    the    captain 

of  a  vessel  which  had  been  wrecked,  and  whose  damaged 

c.  rm  in,     cargo  they  had  bought ;  and  he  succeeded  in  forcing  Harnett 

332  to  resign.     With  Ashe,  who  the  governor  declared  "was 

altogether  bent  on  mischief,"  he  had  more  trouble.     Ashe 

would  not  resign,   and   a  notable  conflict  ensued  between 

them.     But  for  a  time  Burrington  had  entrenched  himself 

securely  in  the  council  and  could  control  the  appointment 

to  vacancies. 

The  governor  erects  new  precincts 

Nov.,1731  The  governor  and  council  assuming  the  power  to  lay  off 
precincts,  their  authority  to  do  so  was  strongly  contested. 
However,  they  erected  the  precinct  of  Onslow  and  that 
of  Edgecombe,  extending  from  Roanoke  River  to  the  north- 
east branch  of  the  Cape  Fear;  and  also,  in  November,  1732, 
Bladen,  although  at  that  time  it  was  said  that  there  were 

May,  173a  not  three  freeholders  nor  thirty  families  in  Bladen,  and  not 
many  more  in  Onslow.     That  such  a  power  resided  in  the 

C   R     111  • 

417.450  '  governor  and  council  was  denied  as  being  a  derogation  of 
the  rights  of  the  Assembly,  and  not  only  a  violation  of  the 
Fundamental  Constitutions,  which  it  was  asserted  had  been 
accepted  by  the  people  of  North  Carolina  in  1669  and  also 
in  1698,  but  against  all  the  laws  and  established  precedents ; 
for  though  at  different  times  the  governor  and  council  had 
c.  R.,iii,  laid  off  precincts,  such  as  New  Hanover,  in  1729,  yet  the 
439.450,451    legislature  had  afterward  passed  acts  establishing  them  and 

fixing  their  representation. 
His  action  ^ot  only  were  those  who  proposed  to  maintain  the  vested 
disregarded  rights  of  the  people  antagonistic  to  this  claim  of  authority 
by  the  governor  and  council,  but  they  paid  no  attention  to 
his  instructions  and  proclamations  that  only  freeholders 
should  vote  for  members  of  the  Assembly,  and,  in  utter  dis- 


BURRINGTON'S  CONFLICTS  CONTINUE  235 

regard  of  his  directions,  all  freemen  were  allowed  to  vote  as  w 

formerly. 

Constantly  circumstances  brought  about  some  new  occa-  Neij. 
sion  for  either  personal  or  official  conflict  between  the  gov-  con 
ernor  and  his  adversaries.     The  chief  justice,  Smith,  had 
already  gone  to  England  threatening  to  obtain  his  removal, 
and  Burrington  apprehended  that  Colonel  Bladen  was  aiding 
and  fostering  this  design  with  the  hope  of  securing  the 
appointment  of  his  own  son-in-law,  Rice,  as  his  successor. 
About  twenty  men  from  South  Carolina  had  settled  on  the 
Cape  Fear,  among  them  three  brothers  of  a  noted  family 
named  Moore,  all  of  the  set  known  as  the  Goose  Creek  c-g*.iiii, 
faction,   "always   very   troublesome   in   that   government," 
who  the  governor  had  been  told  would  expend  a  great  sum 
to  get  him  turned  out;  and  between  them  and  Moseley  on 
the  Chowan  messengers  were   constantly  passing.     How- 
ever, notwithstanding  all  menaces,  he  was  not  terrified,  "but 
acted  with  such  resolution  and  firmness  that  the  province 
was  soon  put  in  a  quiet  condition  and  has  so  continued  with- 
out any  imprisonments  or  persecutions."     Such  was  Bur- 
rington's  declaration  a  year  after  his  arrival;  but  his  un- 
wisdom raised  him  enemies  in  London,  while  his  arbitrary 
course  embittered  his  opponents  in  Carolina.    Eight  months 
after  he  assumed  the  government  he  wrote  to  the  Board  of 
Trade  that  Ashe  had   intended  to  go  to  England  to  co-  c.  r.,  hi, 
operate  with  Smith  for  his  removal,  but  as  he  had  not  gone  37° 
"Baby  Smith  will  be  quite  lost,  having  nothing  but  a  few  lies 
to  support  his  cause,  unless  he  can  obtain  an  instructor  from 
a  gentleman  in  Hanover  Square."     The  following  June  the 
Board  asked  him  to  explain  that  reference,  and  he  avowed 
in  a  rambling  letter  that  it  was  meant  for  Colonel  Bladen. 
The  compliment  paid  to  Colonel  Bladen  by  naming  a  pre- 
cinct in  his  honor  was  hardly  sufficient  to  atone  for  such 
an  indignity. 

And   if  in   February   Burrington   could   applaud  himself  BurnnK- 

e  1  "1  •  •  V  ...     tbn* 

for  not  having  resorted    to  imprisonment  and  persecution,     arbitrary 
by  March  his  mild  behavior  had  given  way  to  more  arbitrary  conR"cin, 
inclinations.     He  had  issued  a  direction  that  no  one  should  356,375t  5°4 
be  allowed  to  practise  law  unless  licensed  by  himself;  and 
doubtless  an  attorney's  oath  was  exacted  of  all  who  applied 


imprisoned 


236  BURRINGTON'S  SECOND  ADMINISTRATION,  1731-34 

V3*  for  a  license.    Moseley  had  been  licensed  to  practise  in  1714, 

and  was  a  lawyer  of  twenty  years'  standing,  although  in 

Moseiey  late  years  he  had  retired  from  the  business.  However,  in 
March,  1732,  he  did  appear  for  Edmond  Porter;  and  while 
with  his  hand  on  the  book  to  take  the  oath,  the  governor  in 
a  great  rage  ordered  his  arrest  and  threw  him  into  prison, 
presumably  for  appearing  as  an  attorney  without  the  gov- 
ernor's license.  At  the  next  term  of  the  court,  in  July, 
Moseley  hazarded  a  remark  on  a  legal  question  to  the  chief 
justice  in  court;  whereupon  the  governor  again  ordered 
the  sheriff  to  commit  him  to  jail.  On  habeas  corpus  before 
the  chief  justice  and  full  court  an  order  was  quickly  made 
for  his  release ;  but  the  governor  was  indignant  at  the  pro- 
ceeding, claiming  that  the  court  ought  not  to  release  within 
twenty-four  hours  any  one  whom  he  had  ordered  to  prison ; 
and  he  so  abused  Palin,  the  chief  justice,  whom  he  himself 
had  but  recently  appointed,  that  that  officer  resigned,  and 

Oct.fi7«      William   Little,   Gale's    son-in-law,    was    appointed   to   the 

375* 376, 378.  position;  and  all  the  associate  judges  resigned  and  a  new 
set  was  appointed.  Palin's  resignation,  however,  did  not 
deter  the  governor  from  again  pressing  the  court  to  do  duty 
in  his  behalf.  On  Old  Town  Creek,  a  few  miles  above 
Brunswick,  Ashe  had  a  plantation,  while  Burrington  had  one 
on  Governor's  Creek,  lower  down.  There  was  a  question  as 
to  the  ownership  of  two  mares  which  Burrington's  servants 
had,  under  his  orders,  branded  with  his  mark  and  taken  into 
possession.  Ashe  brought  an  information  before  the  gen- 
eral court  at  Edenton  and  claimed  the  mares  as  his  property, 
and  also  claimed  the  penalty  which  the  law  prescribed  for 

Ashe  ^  branding  stock  belonging  to  another.  Burrington  there- 
upon had  him  arrested  for  his  "scurrilous  libel,"  and  caused 
the  warrant  to  be  returned  before  himself  and  Judge  Owen, 
who  exacted  the  bond  Burrington  suggested,  being  £1,000, 
which  Ashe  deemed  excessive  and  would  not  give.  On 
habeas  corpus  before  the  chief  justice,  Little  refused  to 
examine  into  the  cause  of  the  commitment,  but  the  bond  was 
reduced  one-half,  even  that  being  a  heavy  bond;  and  it  was 
alleged  that  these  proceedings  were  contrived  to  prevent 
Ashe's  departure  for  England,  where,  at  the  request  of 
many,  he  was  going  to  secure  a  redress  of  grievances. 


379*  4«3.  5»7 


arrested 


BURRINGTON'S  SECOND  ASSEMBLY  237 

In  the  meantime  representations  had  been  made  to  the  '733 

Board  of  Trade  of  Burrington's  oppressive  and  lawless  con-  c.  r.,  hi, 
duct,  and  before  he  had  been  in  office  two  years  his  removal  S34 
was  determined  on,  and  in  March,  1733,  Gabriel  Johnston 
was  commissioned  by  the  king  as  his  successor. 

The  second  Assembly 

Not  realizing  that  the  Board  of  Trade  might  be  per-  July,  1733 
suaded  to  disregard  his  representations,  and  conscious  of 
his  purpose  to  rule  well  if  not  wisely,  Burrington  did  not 
deviate  from  the  course  he  had  marked  out  for  himself  with 
reference  to  those  who  did  not  sustain  his  administration. 
Brave,  bold  and  self-reliant,  he  was  always  candid.  There 
was  in  his  disposition  no  element  of  craft  or  dissimulation. 
He  thought  he  knew  what  would  best  promote  the  develop- 
ment of  the  province,  and  he  sought  to  carry  into  effect 
his  views  regardless  of  opposition.  He  thought  he  knew 
what  his  instructions  required  of  him,  and  he  resolutely 
undertook  to  obey  their  tenor.  Finding  the  Assembly  at 
points  with  him  about  the  payment  of  quit  rents  and  fees, 
he  applied  for  additional  instructions,  and  avowed  his  pur- 
pose to  have  no  Assembly  until  those  instructions  were  re- 
ceived. Eventually,  toward  the  end  of  March,  1733,  the 
long  delayed  answer  came  to  his  request,  and  he  at  once  c.  r.,  hi, 
ordered  an  election  to  be  held  in  May  for  assemblymen  to  s6x 
meet  in  July.  When  the  body  convened  he  explained  that 
his  new  instructions  were  similar  to  the  first  he  had  re- 
ceived. Moseley  was  again  the  speaker,  and  in  his  reply 
to  the  governor's  speech  he  dwelt  on  the  impracticability  of 
paying  the  quit  rents  in  specie,  and  denied  that  they  were 
payable  in  sterling  money,  as  now  claimed.  Originally  he  Quit  rems 
asserted  they  were  payable  in  produce,  and  when  paper 
money  was  issued  a  law  was  passed  that  this  paper  currency 
should  be  good  for  all  payments  except  alone  for  the  pur- 
chase of  land,  for  as  to  that  the  Lords  Proprietors  had 
always  exacted  specie.  The  lands  in  Albemarle  were  never 
sold,  while  some  in  Bath  County  were  granted  on  quit  rents 
alone  and  others  were  sold  for  specie,  reserving  a  much 
lower  quit  rent  in  addition  to  the  purchase  price;  and  the 
house  insisted  that  the  Assembly  of  1731  had  offered  to  his 


238  BURRINGTON'S  SECOND  ADMINISTRATION,  1731-34 


1733 


Chief 

Justice 

Little 

arraigned 

C.  R.,  Ill, 

587 


C.  R.,  Ill, 
56a 


The 

governor 
addresses 
the  house 
C.  R.,  Ill, 
598,  603,  604 


Majesty  all  they  could  do  in  regard  to  the  payment  of  rents. 
As  for  the  disuse  of  the  Assembly,  it  said  there  were  other 
matters  requiring  the  attention  of  the  governor  than  the  quit 
rents ;  among  them  not  merely  exorbitant  fees  taken  by  the 
officers,  but  the  perversion  of  justice  by  evil  and  wicked 
officers,  especially  by  Chief  Justice  Little  and  his  associates 
on  the  bench. 

This  grave  charge  against  the  chief  justice  at  once  brought 
a  reply.  Little  in  a  long  and  caustic  letter  petitioned  the 
governor  and  council  that  since  they  could  not  try  him  as  a 
court,  they  would  examine  into  any  charges  made  against 
him  and  ascertain  whether  or  not  he  were  unfit  to  be  a 
councillor;  for  he  admitted  that  if  he  were  guilty  of  per- 
verting justice  he  ought  to  be  removed  from  the  council 
board.  This  paper  being  communicated  to  the  house,  it  was 
referred  to  a  committee,  and  the  house  temporarily  pro- 
ceeded with  its  other  business.  There  were  several  new 
points  on  which  quarrels  now  arose  with  the  governor.  The 
house  would  not  recognize  the  new  precincts  of  Bladen, 
Onslow,  and  Edgecombe,  erected  by  the  governor  and  coun- 
cil, and  would  not  admit  the  members  elected  in  them.  It 
had  some  of  the  officers  appointed  by  the  governor  arrested 
and  brought  to  its  bar  for  misconduct;  and  finally  it  cited 
several  ^officers,  among  them  the  chief  justice,  before  it  to 
answer  why  they  had  exacted  in  payment  of  their  fees  four 
times  the  amount  in  currency  which  the  law  had  fixed. 

At  length,  on  the  fourteenth  day  of  the  session,  the  com- 
mittee on  Little's  petition  reported  that  it  contained  scanda- 
lous expressions  reflecting  on  the  dignity  of  the  house,  and 
he  was  ordered  into  custody  to  answer  for  affronting  the 
house.  Matters  had  now  reached  a  serious  pass,  and  the 
governor  intervened  to  protect  his  officer.  He  sent  an 
address  to  the  house  sustaining  Little,  assuming  that  the 
particular  charge  against  him  was  taking  fees  at  four  for 
one,  which  the  governor  himself  had  directed  and  which 
had  been  done  by  Chief  Justice  Smith  prior  to  Little,  and 
who,  having  just  returned  from  England,  had  been  grate- 
fully thanked  by  the  Assembly  for  his  services  abroad. 

This  assumption  of  the  governor  that  the  only  charge 
against  Little  was  the  taking  of  improper  fees  led  to  a  fierce 


BURRINGTON'S  THIRD  ASSEMBLY  239 

arraignment  of  the  judicial  action  of  the  chief  justice  while  U** 

on   the  bench,  and   brought   forward   the  governor's  own 
conduct  in  regard  to  the  imprisonment  of  Ashe  and  with 
reference  to  Porter.    The  governor  in  his  turn  gave  a  loose  £"&//# 
rein   to  his  anger  and  vehemently   defended  himself  and  &*,«!« 
assailed  the  house ;  and  then,  not  a  single  law  having  been 
passed,  he  dissolved  the  Assembly. 

The  third  Assembly  dissolved 

The  regular  election  for  an  Assembly  was  held  in  Sep-  Nov.,  1733 
tember,  and  in  November  the  house  met  at  Edenton;  but 
there  was  no  quorum  of  councillors  to  make  another  house, 
so  after  waiting  several  days,  the  governor  had  the  mem- 
bers to  attend  him  and  dissolved  the  Assembly.  But  before 
parting  with  them,  however,  he  read  a  long  paper  in  vindi- 
cation of  his  conduct  from  the  aspersions  of  his  enemies. 
In  June  he  had  applied  for  leave  to  return  to  England,  hav- 
ing doubtless  heard  that  a  successor  had  been  appointed  to 
his  office,  and  feeling  that  there  was  no  longer  any  occasion  c.  r.,  hi, 
to  fight  the  battles  of  a  government  that  did  not  sustain  him.  a 

The  address  he  now  made  was  therefore  couched  in  very  change  of 
different  terms  from  any  of  his  former  productions.  It  was  tone 
a  manly,  sensible  address,  and  his  moderation  must  have 
disarmed  enmity  and  won  him  friendly  sympathy.  It  put 
many  of  the  complaints  against  him  in  a  different  light  from 
what  the  circumstances  were  made  to  bear  when  pressed  by 
his  adversaries;  and  it  rather  sustained  his  opinion  that 
some  at  least  among  those  whose  bitter  hostility  and  antag- 
onism he  had  aroused  "were  subtle  and  crafty  to  admiration. " 

For  nearly  a  year  ensuing  Burrington  conducted  public  £ct£  *m 
affairs  with  neither  an  Assembly  nor  a  council.  He  himself  627,  ois 
had  a  long  and  dangerous  illness,  some  of  the  council  died 
and  others  left  the  province.  Rice,  who  at  one  time  when 
Burrington  was  absent  from  the  province,  being  the  senior 
and  ranking  member  of  the  council,  was  sworn  in  as  presi- 
dent of  the  council,  was  suspended  by  the  governor  on 
his  return,  because  of  "villainies, "  as  was  also  Montgomery, 
another  "villain. "  Halton  neglected  to  attend  for  two  years, 
and  Ashe,  who  died  in  the  fall  of  1734,  had  not  attended  for 
more  than  twelve  months.    Everard  also  was  dead,  and  so 


240  BURRINGTON'S  SECOND  ADMINISTRATION,  1731-34 


The  plot 

against  his 

life 

C.  R.,  IV, 

165 


was  Chief  Justice  Little.  To  succeed  Little,  Daniel  Hanmer 
was  appointed,  notwithstanding  Smith  had  returned  from 
England  and  was  ready  to  resume  the  functions  of  his  office. 
At  length  a  collision  took  place,  the  final  result  of  which 
produced  unexpected  consequences.  The  details  of  it  are 
obscure.  Burrington  claimed  that  Smith,  Rice,  Montgomery 
and  some  of  their  confederates  attempted  to  assassinate  him 
by  shooting  at  him  with  pistols,  and  that  he  would  have  been 
murdered  if  some  courageous  men  had  not  come  to  his 
assistance  and  rescued  him.  Bills  of  indictment  were  at  once 
found  against  these  councillors  in  Hanmer's  court,  and  they 
fled  by  night  to  Virginia,  where  they  continued  until  Gov- 
ernor Johnston  landed  in  North  Carolina.  These  proceed- 
ings threw  the  province  into  new  confusion  and  disorder 
during  the  last  months  of  Burrington's  administration. 

It  was  Burrington's  misfortune  to  have  been  the  first  gov- 
ernor appointed  to  establish  in  the  province  those  changes 
which  the  Board  of  Trade  deemed  necessary  upon  the  pur- 
chase by  the  Crown.  In  an  attempt  to  carry  out  their  direc- 
tions any  one  would  have  met  with  embarrassment  and  been 
confronted  with  all  the  opposition  that  the  popular  leaders 
could  lawfully  make;  but  more  than  that,  Burrington  had 
troubles  that  another  person  of  a  different  temperament 
might  have  avoided.  He  was  embroiled  personally  with  the 
Moores  and  their  kindred,  with  Moseley,  Porter  and  Swann, 
because  of  conflicting  interests  and  disputes  about  land ;  and 
many  of  his  personal  difficulties  grew  out  of  his  antagonism 
with  those  men. 

Without  doubt  there  had  been  some  abuses  in  regard  to 
the  issuing  of  patents  and  the  location  of  blank  warrants. 
For  instance,  Edmond  Porter  alleged  that  Burrington  him- 
self in  1725  obtained  a  warrant  issued  in  171 1  for  six  hun- 
dred and  forty  acres  of  land  in  Albemarle,  charged  with  a 
quit  rent  of  two  shillings  sixpence,  and  altered  it  to  a  Bath 
County  purchase  warrant  for  five  thousand  acres  at  six- 
pence quit  rent,  and  located  it  at  Burgaw.  The  grant,  which 
is  recorded  at  Beaufort,  seems  at  least  in  part  to  sustain 
Porter's  assertion,  for  it  is  based  on  a  warrant  issued  in 
171 1,  when  grants  for  five  thousand  acres  were  not  allowed, 
and  when  no  entries  were  permitted  on  the  Cape  Fear  at  all. 


Altered 
patents 


C.  R.,  Ill, 
50a 


BURRINGTON'S  OPINION  OF  THE  PEOPLE        241 

Other  such  warrants,  bearing  internal  evidence  of  having  'jg 

been  issued  in  171 1,  located  on  the  Cape  Fear,  might  well 
lead  to  an  erroneous  impression  that  there  had  been  an 
attempted  settlement  on  that  river  about  that  time.  The 
use  of  blank  patents  had  been  general  in  all  sections  of 
Bath  County,  and  any  attempt  to  destroy  the  validity  of 
titles  based  on  them  would  necessarily  lead  to  violent 
antagonism ;  and  later  Governor  Burrington  himself  suc- 
cessfully argued  before  the  Board  of  Trade  that  these  grants 
were  not  to  be  disturbed. 

As  for  the  various  affairs  in  which  Burrington  was  made  C-  R ,  111, 
to  appear  at  a  disadvantage,  there  were  probably  two  sides 
to  most  of  them — as  in  his  conflict  with  Ashe  about  brand- 
ing the  mares,  which  presents  quite  a  different  appearance 
when  Burrington  gives  his  version  of  the  circumstances. 

His  own  opinion  of  the  people,  expressed  in  a  letter  to  "lsthepinion 
the  Board  of  Trade  a  year  after  his  arrival,  was  that  "the  £°{leIIlt 
inhabitants  of  North  Carolina  are  not  industrious,  but  subtle  338 
and  crafty  to  admiration ;  always  behaved  insolently  to  their 
governors ;  some  they  have  imprisoned,  drove  others  out  of 
the  country ;  at  other  times,  set  up  two  or  three  supported 
by  men  under  arms.  All  the  governors  that  were  ever  in 
this  province  lived  in  fear  of  the  people  (except  myself)  and 
dreaded  their  assemblies.  The  people  are  neither  to  be 
cajoled,  nor  outwitted.  Whenever  a  governor  attempts  any- 
thing by  these  means  he  will  lose  his  labor  and  show  his 
ignorance.  They  never  gave  the  governor  any  present  ex- 
cept Sir  Richard  Everard.  With  him  they  agreed  for  £500 
in  bills  to  pass  the  pretended  laws  in  1729,  in  the  name  of 
the  Proprietors,  when  he  was  shown  the  act  of  Parliament 
of  the  king's  purchase.  It  must  be  allowed,  were  these  acts 
valid,  the  assemblymen  made  a  good  bargain  for  the  people 
they  represented. " 

These  ideas  of  the  characteristics  of  the  people  furnish 
some  key  to  Burrington's  conduct.  The  crafty  people  seem 
to  have  withstood  him,  but  he  had  the  resolution  not  to  quail 
before  them.  There  was,  indeed,  no  duplicity  in  his  actions, 
either  in  his  private  quarrels  or  his  public  controversies; 
and  had  it  not  been  for  his  infirmity  of  temper,  notwith- 
standing the  zeal  of  the  popular  leaders  to  prevent  unconsti- 


242  BURRINGTON'S  SECOND  ADMINISTRATION,  1731-34 


Controver- 
sial docu- 
ments 
C.  R.,  Ill, 
3»5. 356,  375. 
450-457 


tutional  alterations  in  their  government,  his  relations  with 
them  might  have  been  on  a  more  pleasant  footing.  Still, 
contests  must  have  necessarily  arisen,  for  he  candidly 
avowed  that  the  people  should  be  curbed,  and  he  urged  a 
repeal  of  the  biennial  act,  saying  that  "that  act  must  be 
repealed  before  the  people  of  this  country  can  be  brought 
into  a  good  subjection";  and  also  the  repeal  of  the  act 
appointing  treasurers  to  the  precincts,  who  he  claimed  had 
the  local  influence  to  control  the  assemblymen ;  and  the  neces- 
sity of  taking  the  power  of  the  purse  away  from  the 
Assembly. 

His  position  on  these  subjects  alone  was  quite  sufficient 
to  array  the  people  strongly  against  him.  As  these  and 
other  such  questions  involved  the  constitution  of  the  prov- 
ince, their  discussion  led  to  historical  research  of  much 
interest,  and  the  papers  written  on  those  subjects  not  only 
throw  much  light  on  the  obscure  history  of  the  province, 
but  are  highly  creditable  to  the  authors.  Particularly  note- 
worthy is  that  of  Rice  and  Ashe  on  the  constitution  of  the 
province,  while  those  that  relate  to  Moseley  and  Porter, 
some  written  by  Burrington  himself,  are  often  strong  and 
full  of  interest. 

If  this  first  administration  of  a  royal  governor  was  a 
period  of  violent  antagonism,  it  was  also  one  of  patriotic 
fervor,  although  the  personal  controversies  were  so  inter- 
mixed with  political  action  that  it  is  difficult  to  separate 
them.  The  basis  of  it  all  was  a  resolute  purpose  on  the 
part  of  the  leading  inhabitants  to  preserve  the  constitutional 
rights  of  the  province ;  and  the  contest  then  begun  continued 
in  one  shape  or  another  until  the  connection  with  the  Crown 
was  brought  to  a  close  by  the  Revolution  of  1776. 

Still,  in  many  respects  Burrington's  career  gives  indis- 
putable proof  that  he  sought  to  promote  the  progress  of 
the  province.  He  made  journeys  to  every  part  of  the  inhab- 
ited country,  examined  the  roads,  urged  the  construction  of 
bridges,  sought  to  organize  the  militia  on  a  good  footing  and 
to  raise  the  standard  of  the  precinct  courts;  and  he  urged 
an  extension  of  the  general  courts.  He  explored  the  har- 
bors and  caused  charts  to  be  made  of  Ocracoke,  Beaufort, 
and  Cape  Fear  inlets,  the  only  ones  of  use  to  the  commerce 


Burring- 
ton's 

progressive 
action 


C  R.,  Ill, 
37a.  435 


THE  SOUTH  CAROLINA  LINE  243 

of  the  province,  and  he  otherwise  endeavored  to  render  JJ* 

his  administration  serviceable  to  the  inhabitants;  but  per- 
haps the  best  service  he  rendered  was  in  deferring  the  c.  r.,  hi, 
running  of  the  line  as  proposed  between  North  and  South  UA%  37*' 435 
Carolina,  which,  if  once  established,  would  have  given  to 
South  Carolina  a  large  part  of  our  interior  territory,  which 
the  South  Carolinians  coveted,  for  the  directions  at  that  time 
were  to  run  the  dividing  line  thirty  miles  distant  from  the 
Cape  Fear  River  up  to  the  head  of  that  stream  and  then  a 
due  west  course. 

The  South  Carolina  authorities  claimed  that  the  Cape  s£?tiR*T# 
Fear  River  itself  was  the  dividing  line,  and  in  support  of  g™1  m 
that  view  they  asserted  that  grants  issued  by  that  gov-  >»*  "34 
ernment  had  been  located  on  that  river.     It  does  appear 
from  a  deed  made  by  Schinking  Moore  to  Richard  Eagles, 
March  14,  1763,  recorded  in  the  register's  office  of  New 
Hanover  County,  that  a  grant  of  48,000  acres  of  land 
was  issued  May  13,  1691,  to  Landgrave  Thomas  Smith, 
and  that  said  Smith  and  wife  Mary  conveyed  to  William  gj*Jj^ 
Watters  700  acres  thereof  located  on  the  northeast  branch  Co.  Records, 
of  the  Cape  Fear  River,  just  above  the  dividing  of  said  3S*313 
rivers;  and  on  April  21,  1736,  Maurice  Moore  conveyed 
to  Colonel  Thomas  Merrick  a  tract  of  land  lying  at  a  place 
called  the  Haulover,  on  the  east  side  of  the  Cape  Fear  River, 
"beginning  at  Landgrave  Smith's  corner  tree,"  etc. 

From  these  conveyances  it  would  seem  that  Landgrave 
Smith's  tract  was  located  on  the  Cape  Fear  River,  and  its 
bounds  were  recognized  after  the  permanent  settlement. 
Roger  Moore,  who  came  to  the  Cape  Fear  about  1725, 
married  a  daughter  of  the  Landgrave,  and  perhaps  the  fact 
that  that  particular  grant  was  located  on  the  Cape  Fear 
may  have  in  some  degree  influenced  the  removal  of  the 
Moores,  resulting  in  the  permanent  settlement  of  the 
Cape  Fear,  which  by  some  of  the  older  residents  was  spoken 
of  as  the  third  attempt  to  settle  that  river. 

Many  of  the  questions  raised  by  Burrington  in  the  course  2uHd°and 
of  his  administration  were  not   settled  at  that  time.     At  unsettled 
London  they  were  referred  to  the  law  officers  of  the  Crown, 
good  lawyers  and  fair  men,  who  made  a  thorough  examina- 
tion before  delivering  an  opinion ;  and  often  there  was  long 


244  BURRINGTON'S  SECOND  ADMINISTRATION,  1731-34 

l2*  delay  before  the  facts  could  be  definitely  ascertained  war- 

ex  r.,  in,  ranting  a  decision.  In  regard  to  the  validity  of  the  Great 
Deed,  the  law  office  was  apparently  misled  by  Mr.  Shelton, 
the  secretary  of  the  Lords  Proprietors,  who  declared  that  it 
had  never  been  recognized  at  all  by  the  Lords  Proprietors, 
and  it  therefore  held  that  the  instrument  was  intended  to 
c.  r.,  in,  have  onjy  a  temporary  effect.  When  this  opinion  was  com- 
municated to  Burrington  he  replied  with  considerable 
vigor,  urging  the  same  view  which  the  Assembly  enter- 
tained— that  it  was  a  valid  grant  and  contract  and  could  not 
lawfully  be  ignored. 

In  regard  to  the  validity  of  the  currency  act  passed  in 
1729,  it  was  held  that  all  acts  passed  before  Governor 
Everard  had  notice  of  the  sale  to  the  king  were  valid ;  any 
passed  after  such  notice  were  null.  But  that  act  being  in 
operation,  it  was  never  disallowed  or  annulled,  and  the  paper 
currency  authorized  by  it  continued  to  be  the  chief  money 
used  in  the  province.  Other  questions  remained  undeter- 
mined ;  but  it  appearing  that  the  governor  had  sat  with  the 
councillors  when  the  legislature  was  in  session  and  had  taken 
part  in  the  discussion  and  in  the  consideration  of  bills,  he 
was  rebuked  and  reminded  that  as  he  represented  the  king, 
his  sole  function  was  to  allow  or  disallow  bills  that  passed 
the  two  houses,  and  that  he  must  not  meddle  with  the 
Assembly.  Such  was  the  custom  in  England,  and  the  purpose 
was  to  conform  the  province  to  the  customs  at  home.  One 
of  his  instructions  was,  "You  shall  take  care  that  the  mem- 
bers of  the  Assembly  be  elected  only  by  freeholders,  as  being 
more  agreeable  to  the  custom  of  the  kingdom,  to  which  you 
are  as  near  as  may  be  to  conform  yourself  in  all  particulars." 
That  idea  eventually  commended  itself  to  the  people,  and 
subsequently  they  sought  to  model  their  legislature  after 
Parliament. 
The.  In  the  meantime  the  province  received  accessions  in  popu- 

piovince  r  . 

?Trs  lation  and  made  progress  in  importance.    While  the  northern 

344, 432, 433  section  had  grown  more  populous,  requiring  the  erection  of 
Edgecombe  Precinct,  there  being  twenty  families  on  the  Tar 
River  alone,  the  opening  up  of  the  Cape  Fear  proved  of  still 
greater  consequence.  Settlers  were  locating  on  both 
branches  of  the  river ;  the  wealthy  South  Carolina  planters, 


THE  PROVINCE  GROWS  245 

who  had  removed  to  the  lower  portions  of  the  river,  had  Jj** 

begun  the  cultivation  of  rice,  while  saw-mills  were  erected 
and  the  forests  yielded  for  export  tar,  pitch,  turpentine,  staves 
and  plank.  Bladen  was  being  settled  as  well  as  Onslow. 
John  Maultsby  had  taken  out,  about  1731,  a  warrant  for 
six  hundred  and  forty  acres  of  land  opposite  the  confluence 
of  the  two  branches  of  the  Cape  Fear;  and  John  Watson 
located  a  similar  warrant  adjoining  and  below  that  tract; 
and  in  1732  a  few  enterprising  men  had  for  trade  settled 
on  Maultsby's  entry  and  called  the  place  New  Liverpool,  and 
the  next  spring  Michael  Higgins,  Joshua  Granger,  James 
Wimble  and  John  Watson  joined  in  laying  off  a  town,  called 
New  Town  or  Newton,  on  the  Watson  entry,  which  soon 
became  a  rival  of  Brunswick.  Roads  had  been  opened  from 
the  Cape  Fear  to  South  Carolina,  and  two  roads  led  to  the 
northward,  one  by  the  coast  to  New  Bern  and  one  by  Rocky 
Point  to  Edenton ;  while  there  was  easy  communication  by 
water  with  Charleston,  with  the  great  sounds  and  with  Nor- 
folk. During  one  year  forty-two  vessels  had  sailed  from 
Brunswick  well  laden  with  valuable  cargoes.  The  products  SSESm 
had  so  increased  that  in  addition  to  those  of  the  forests,  and 
of  grain  and  tobacco,  much  live  stock  was  sold  abroad,  many 
cattle  and  at  least  fifty  thousand  fat  hogs  being  yearly  driven 
to  Virginia.  Although  there  had  been  no  great  change  in 
the  way  of  church  privileges,  yet  there  had  been  some  im- 
portant ones.  John  La  Pierre,  a  Frenchman,  who  had  come 
to  South  Carolina  in  1708,  and  had  officiated  on  the  Santee, 
had  about  the  year  1727  come  to  the  Cape  Fear,  where  he 
remained  several  years.  In  1732  Dr.  Richard  Marsden,  who 
had  cast  his  fortune  with  the  Cape  Fear  people  some  four 
years  earlier,  had  a  charge  at  New  River,  which  Burrington 
was  seeking  to  promote  and  develop,  and  where  about  one 
hundred  families  had  settled.  For  a  time  Rev.  Bevin  Gran- 
ville officiated  at  Edenton  and  the  surrounding  country, 
where  he  baptized  over  one  thousand  children.  In  Albemarle 
there  was  one  Presbyterian  minister  with  a  congregation 
and  there  were  four  meeting  houses  of  the  Friends.  In  1735 
John  Boyd  was  employed  in  the  Northwest  parish,  where 
he  claims  to  have  likewise  baptized  one  thousand  infants. 
In  that  section  he  reported  "no  sects,"  but  lower  down  the  JjR.,  in 


634 


246  BURRINGTON'S  SECOND  ADMINISTRATION,  1731-34 

Nov..  1734  country  there  were  a  great  many  Quakers  and  Baptists ; 
for  Paul  Palmer's  work  was  indeed  progressing. 

c.  r.,  in,  Burrington  had  applied  for  permission  to  return  to  Eng- 
land, and  in  expectation  of  receiving  it  in  October,  he  filled 
up  the  council  board  by  the  appointment  of  a  number  of 
new  members  and  called  an  Assembly  to  meet  him  at  Eden- 
ton  on  November  6th.  When  the  Assembly  met  Moseley 
was  again  chosen  speaker ;  but  former  antagonisms  seem  to 
have  largely  subsided. 

The  last  Assembly  to  meet  Burrington 

The  governor  addressed  the  Assembly  in  a  conciliatory 
speech  complimenting  the  members,  and  "not  doubting  that 
they  would  promote  the  passing  of  such  acts  as  are  recom- 
mended or  required  in  the  king's  instructions."  Moseley, 
as  speaker,  returned  hearty  thanks  for  his  kind  speech,  and 
added :  'That  we  are  very  glad  you  have  conceived  so  good 
an  opinion  of  our  understanding  and  capacity  to  serve  this 
province."  In  his  reply  the  governor  accepted  "your  answer 
to  my  speech  very  kindly,"  and  "assured  them  that  the  good 
opinion  he  entertained  of  the  wisdom  and  good  intentions 
of  the  members  was  grounded  on  the  real  merit  he  knew  they 
were  possessed  of ;  and  he  wanted  them  to  so  act  that  "this 
country  may  have  reason  to  thank  us  at  the  end  of  this 
session,  and  their  posterity  not  only  to  remember  us  with 
gratitude,  but  to  bless  our  memories."  As  the  temper  of 
the  governor  seemed  to  be  not  so  arbitrary,  the  house  itself 
became  more  complacent.  On  the  second  day  of  the  session 
it  ordered  a  bill  to  be  prepared  declaring  that  only  free- 
holders should  vote,  agreeably  to  the  king's  directions ;  and 

cr.,  111,  they  ordered  other  bills  to  be  brought  in  establishing  the 
three  new  precincts,  Edgecombe,  Onslow,  and  Bladen;  and 
were  proceeding  on  a  line  that  must  have  been  very  accept- 
able to  Governor  Burrington  when,  on  November  13th,  it  was 

JlSscd'         certified  by  proclamation  that  Governor  Johnston  had  pub- 

adminis1^-    nsne^  his  commission  on  the  Cape  Fear  in  open  council. 

tion  Burrington's  administration  immediately  closed.    The  house 

proceeded  no  further  in  business,  but  stood  dissolved,  there 
having  been  no  act  of  Assembly  passed  during  the  whole 
period  that  Burrington  was  governor. 


CHAPTER  XIX 
Johnston's  Administration,  1734-52 

Governor  Johnston  arrives. — Burrington's  enemies  in  the  ascend- 
ant— Johnston  cordially  received. — The  Assembly  and  the  governor. 
—Disagreements. — Wilmington  incorporated. — Immigrants. — McCul- 
loh[s  grants. — Swiss,  Irish  and  Scotch. — The  South  Carolina 
dividing  line. — Clashing  between  the  governor  and  the  people. — The 
new  Assembly. — The  governor  appeals  for  instructions. — Precincts 
converted  into  counties. — The  compromise. — Progress  in  the  colony. 
—The  chief  justice  impeached. — He  dies. — Edward  Moseley  chief 
justice. — The  Spanish  War. — Expedition  to  Cartagena. — The  decision 
of  the  Board  of  Trade. — The  quit  rents. — Body  of  laws. — Blank 
patents. — The  currency. — Governor's  salary  unpaid. — Matters  in  dis- 
pute settled. — Granville,  Johnston,  and  Duplin  counties. — The  Scotch 
migration. — Anson  County. — Granville's  territory. — The  unarmed  re- 
bellion.— The  two  repudiated  acts. — The  Assembly  of  1747. — Northern 
counties  not  represented. — They  refuse  obedience. — Spanish  invasion. 
— Brunswick  attacked. — New  currency  act. — Efforts  to  displace 
Johnston. — Local  differences. — First  printing  press. — Yellow  Jacket. — 
The  Palatines. — Wreck  of  Spanish  fleet. — The  contest  between  the 
new  and  the  old  counties. — The  cessation  of  courts  in  Albemarle. — 
The  end  of  Johnston's  administration. — Two  treasurers. — Growth  at 
the  west — The  Germans  and  Scotch-Irish. — Orange  County. — Ex- 
plorations by  Spangenberg. 

Governor  Johnston  arrives 

On  the  arrival  of  Governor  Gabriel  Johnston  at  Cape  Nov.,  1734 
Fear  he  was  met  with  great  cordiality  by  the  gentlemen  of 
the  vicinity,  and  he  lost  no  time  in  assuming  the  reins  of 
government.  There  had  been  no  change  in  the  list  of  coun- 
cillors originally  appointed  by  Governor  Burrington,  except 
that  on  Burrington's  recommendation  Roger  Moore  and 
Cullen  Pollock  had  been  selected  to  fill  vacancies,  and  now 
Edward  Moseley  and  Matthew  Rowan  were  added  to  the 
board.  The  suspensions  and  appointments  made  by  Bur- 
rington a  few  months  earlier  were  unknown  in  London,  and 
were  a  surprise  to  Johnston  when  informed  of  them.  On 
November  2,  1734,  Johnston  opened  his  commission  at 
Brunswick  in  the  presence  of  the  gentlemen  of  the  town  and 


248 


JOHNSTON'S  ADMINISTRATION,  1734-52 


lJ*  of   councillors  Robert  Halton,   Eleazar  Allen  and   Roger 

Moore,  who  had  not  attended  Burrington's  board  then  in 

c  r..  ivf  1  session  with  the  Assembly  at  Edenton.  Being  informed  that 
Burrington  had  supplanted  many  officers  illegally,  the  gov- 
ernor on  the  day  he  qualified  issued  a  proclamation  com- 
manding all  officers,  civil  or  military,  who  had  been  removed 
or  suspended  to  resume  their  offices  and  enter  again  on  the 
discharge  of  their  duties ;  and  Smith,  the  chief  justice ;  Rice, 
the  secretary ;  Halton  and  Edmond  Porter  at  once  took  their 
places  at  the  council  board. 

Hanmer,  lately  appointed  chief  justice,  and  Burrington's 
other  appointees  were  now  roundly  and  freely  characterized 
as  base  tools  to  work  Burrington's  arbitrary  will  on  deserv- 
ing gentlemen  who  had  the  manhood  to  disagree  with  him. 
The  tables  were  indeed  completely  turned ;  and  the  late  gov- 
ernor's enemies  being  in  control  of  the  Assembly  as  well  as 
of  the  council,  those  who  had  fled  the  province,  ostensibly 
in  fear  of  their  lives,  returned  in  triumph. 

Adverting  to  the  disorders  that  prevailed,  Governor 
Johnston  ordered  a  court  of  oyer  and  terminer  to  be  held 
at  Edenton  on  December  2d,  and  issued  writs  for  the  election 
of  an  Assembly,  which  was  to  meet  on  January  15th.  His 
prompt  and  strenuous  action,  at  once  ignoring  all  courtesy 
that  might  have  been  due  to  his  predecessor  and  reversing 
the  whole  course  of  the  administration,  was  a  bitter  humilia- 
tion to  Burrington,  who  now  left  the  province  with  his 
family  and  returned  to  England,  where  he,  however,  con- 
tinued to  interest  himself  in  North  Carolina  affairs. 

About  the  middle  of  January  the  governor  in  great  state 
made  his  journey  through  the  counties  from  Brunswick  to 
Edenton,  where  he  met  the  Assembly,  being  received  with 
every  manifestation  of  cordial  approbation ;  and,  indeed,  the 
Assembly,  generally  so  parsimonious,  made  an  appropriation 
of  £1,300  to  pay  the  expenses  of  his  equipage  on  that 
occasion. 

Jan.,  1735  Moseley  being  in  the  upper  house,  as  the  council  was  now 
called  when  acting  as  a  part  of  a  law-making  power,  in  con- 
formity with  the  disposition  to  assimilate  the  Assembly  to 
Parliament,  William  Downing  was  chosen  speaker  of  the 
lower  house ;  and  there  was  a  continuation  of  the  same  influ- 


Burring- 
ton's 

enemies  in 
the 

ascendant 
C.  RM  IV, 
77.  81 


Burrington 

Soes  to 
England 


C.  R.,  IV, 
45 


Johnston 
cordially 
received 


CURRENCY  ISSUED  249 

ences  that  formerly  controlled  the  action  of  that  body,  and  ™ 

the  zeal  of  the  representatives  to  maintain  the  rights  of  the 
people  was  unabated. 

On  one  point  at  least  the  governor,  the  council  and  the  c.r.,iv,8i 
house  were  agreed :  they  found  a  common  ground  in  their 
denunciation  of  Burrington  and  his  appointees.  Smith,  the 
oldest  councillor,  presided  over  the  upper  house ;  and  he  and 
Porter  and  Rice,  along  with  Moseley  and  Moore,  were  fierce 
in  their  arraignment  of  the  deposed  governor  and  of  his 
profligate  tools  and  accomplices,  alleging  that  they  had  per- 
secuted and  expelled  from  the  province  his  Majesty's  officers, 
whose  lives  were  in  danger,  and  were  only  preserved  by 
timely  and  hasty  flight;  and  the  Assembly  and  Governor 
Johnston  heartily  joined  in  the  general  condemnation. 

In  its  first  flush  of  patriotic  ardor  the  Assembly  made  an  The 
allowance  to  the  king  of  £1,300  for  the  service  of  the  public  anTS?* 
in  the  province,  and  ordered  bills  to  the  amount  of  £10,000  «ovwnor 
to  be  struck  off ;  and  passed  an  act  to  call  in  the  outstanding  c  R  IV 
paper  money,  which  had  been  largely  counterfeited,  and  to  sr^xxY}? 
issue  £40,000  of  new  bills  in  exchange ;  also  acts  limiting  «7 ' 
suffrage  to  freeholders,  according  to  the  instructions  of  the 
governor  to  conform  the  Assembly  to  Parliament ;  and  for 
establishing;  the  precincts  of  Onslow  and  Bladen,  allowing 
them  representatives  in  the   house.     But  notwithstanding  §£!&  *** 
this  disposition  to  be  on  friendly  terms  with  the  governor, 
the  old  points  of  controversy  again  arose  to  disturb  the  har- 
mony; and  especially  was  the  house  settled  in  its  purposes 
that  the  quit  rents  should  be  paid  either  in  current  paper 
money  or  in  produce  on  the  farms,  while  the  governor,  who 
was  sustained  by  a  majority  of  the  council,  held  that  they 
were  payable  in  specie. 

Disagreement  over  the  quit  rents 

When  Chief  Justice  Smith  was  in  England  he  learned  that  c.  R-^jv, 
the  Lords  Proprietors  had  ordered  all  enactments  of  the 
Assembly  to  be  certified  to  them,  and  such  as  were  not  con- 
firmed by  them  were  to  expire  at  the  end  of  two  years ;  and 
as  the  practice  of  certifying  the  acts  to  the  Proprietors  for 
confirmation  had  fallen  into  desuetude,  he  ascertained  that 
of  the  whole  body  of  laws  in  the  province  only  six  had  been 


201, 190 


250  JOHNSTONS  ADMINISTRATION,  1734-52 


confirmed,  and  therefore  he  considered  that  all  others  had 
ceased  to  have  legal  effect.  So  impressed  was  he  with  this 
view  that  he  submitted  the  matter  to  the  law  officers  of  the 
Crown  with  a  request  for  instruction;  but  no  decision  was 
reached  and  no  instruction  was  given  at  that  time  on  the 
points  he  raised. 

Governor  Johnston,  however,  had  no  hesitation  in  agree- 
ing with  Smith,  and  made  this  view  the  basis  of  his  position 
in  discussing  the  quit-rent  subject  with  the  Assembly ;  and 
a  majority  of  the  council  also  sustained  the  chief  justice 
and  Colonel  Halton,  to  whom  the  matter  of  the  rents  had 
been  referred  as  a  committee,  in  holding  in  effect  that  pay- 
ments were  to  be  made  in  silver,  and  that  his  Majesty  could 
collect  his  rents  without  asking  the  consent  of  the  Assembly ; 
and,  indeed,  the  conduct  of  the  chief  justice  was  such  that 
in  a  controversy  between  him  and  Moseley,  in  the  presence 
of  the  speaker  and  other  members  of  the  house,  Moseley, 
giving  way  to  his  indignation,  struck  him,  and  was  bound 
over  to  the  general  court  to  answer  for  the  assault. 

The  governor,  who  relied  on  the  rents  to  pay  his  salary, 
being  sustained  by  the  chief  justice  and  a  majority  of  the 
council,  also  took  the  advanced  position  that  two  years  after 
the  Great  Deed  was  signed  the  Lords  Proprietors,  by  their 
action,  revoked  it,  and  it  was  therefore  a  nullity;  and  insist- 
ing that  the  laws  which  had  formerly  been  confirmed  were 
no  longer  operative,  he  declared  that  he  would  proceed  to 
collect  the  rents  in  silver,  and  that  those  who  were  not  con- 
tent to  make  the  payments  he  demanded  could  settle  up 
arrears  and  move  out  of  the  province,  abandoning  their 
homes  and  the  lands  they  had  improved.  This  suggestion 
but  added  fuel  to  the  flames ;  and  Moseley,  to  whose  custody 
the  Great  Deed  had  been  committed  by  the  previous  Assembly, 
now  formally  presented  it  to  Speaker  Downing  for  safe 
keeping.  Being  unable  to  move  the  house  from  its  position, 
Johnston  on  March  1st  made  a  great  show  of  indignation  and 
prorogued  the  Assembly. 

Undeterred  by  opposition,  the  governor  asserted  his  pur- 
pose to  proceed ;  and  notwithstanding  the  general  opinion 
that  there  must  be  an  act  of  Assembly  providing  for  the  col- 
lection of  the   rents,  he  assumed  that  his  personal  views 


C  R,IV, 

94 


C.  R.,  IV, 

33 


Quit  rents 


The 

Great  Deed 


C.  R.,  IV, 


JOHNSTON  QUARRELS  OVER  QUIT  RENTS       251 

should  necessarily  control,  and  he  determined  to  make  it  ws 

plain  that  he  was  master  of  the  situation,  and  issued  a  proc- 
lamation requiring  all  rents  to  be  at  once  paid  to  the  receiver- 
general.  However,  he  so  far  yielded  to  the  circumstances  67  "  ' 
of  the  inhabitants  as  to  assent  that  the  rents  might  be  paid 
in  paper  currency  instead  of  silver,  but  at  the  rate  of  seven 
for  one;  and  if  not  voluntarily  paid,  the  receiver  was  to 
distrain ;  and  in  that  case  eight  for  one  was  to  be  exacted ; 
and  he  proceeded  to  erect  a  court  of  exchequer,  with  Smith 
as  chief  baron,  the  particular  business  of  the  court  being  to 
enforce  the  collection  of  the  rents.  There  was,  however,  no  c.  rm  iv, 
receiver  in  the  province,  the  king's  receiver-general,  John  ,5 
Hamerton,  being  a  resident  of  South  Carolina ;  so  to  facili- 
tate the  collections  Eleazar  Allen  was  appointed  receiver  for 
North  Carolina,  a  proceeding  which  so  angered  Hamerton 
that  he  issued  a  proclamation  warning  the  people  not  to  make 
any  payment  to  Allen.  But  this  only  served  to  rouse  the 
governor's  spirit,  and  he  ordered  that  assistant  receivers 
should  be  appointed  to  attend  at  every  precinct  court  house 
and  make  distress  if  need  be.  Some  rumors  of  discontent 
were  heard  because  of  this  new  turn  of  affairs,  and  the 
governor  was  astute  in  selecting  and  appointing  militia 
officers  who  would  sustain  his  administration.  He  did  not  c  R  IV  8 
propose  to  brook  opposition  to  his  methods,  and  was  ready  to 
enforce  his  will  at  every  hazard. 

Nearly  all  of  the  councillors  then  resided  on  the  Cape  Fear, 
and  the  growing  importance  of  that  region,  together  with 
its  fine  navigable  river,  led  the  governor  at  first  to  make  that 
his  residence  instead  of  Edenton. 

He  was,  however,  at  points  with  the  Moores  because  of 
their  landholdings,  some  of  their  lands  having  been  obtained 
under  old  blank  patents,  which  they  had  bought,  and  which 
the  governor  considered  as  in  fraud  of  the  rights  of  the 
king;  and  he  viewed  the  town  of  Newton  with  more  favor 
than  he  did  Brunswick,  and  perhaps  determined  to  locate 
there. 

Wilmington  incorporated 

Immediately  on  his  return  from  Edenton,  in  1735,  doubt-  caRh'iv735 
less  at  his  instance,  an  application  was  made  to  the  council  43 


252  JOHNSTON'S  ADMINISTRATION,  1734-52 

J™  to  incorporate  that  rival  of  the  older  settlement  in  which 

the  Moores  were  interested,  but  the  councillors  apprehended 
that  they  had  not  the  power. 

However,  he  proceeded  to  give  signal  proofs  of  his  favor 
to  Newton.     He  ordered  that  on  May  13th  a  land  office 

c. r.,iv,      should  be  opened  there;  also  on  the  same  day  a  court  of 

441 45  oyer  and  terminer  was  appointed  to  be  held  there ;  also  the 

court  of  exchequer,  of  which  William  Forbes  and  James 
Innes  were  designated  as  assistant  barons ;  and  likewise  the 
council.  Truly,  that  May  13,  1735,  was  a  gala  day  for  the 
little  village,  which  had  already  made  progress  in  its  struggle 
for  trade  and  importance  against  the  established  seat  of  local 
government  lower  down.  The  governor,  realizing  its  ad- 
vantageous situation,  threw  all  of  his  influence  to  secure  its 
ascendancy.  He  bought  land  there,  as  did  also  Colonel 
Halton,  Captain  Innes,  Captain  Rowan  and  Woodward,  the 
surveyor-general,  and  James  Murray,  who  came  to  be  a  close 
friend  to  the  governor ;  and  the  next  year  an  act  was  intro- 
duced to  incorporate  the  town  under  the  name  of  Wilming- 
ton, in  honor  of  the  governor's  patron  at  Court;  but  the 
Moores  were  able  to  defeat  the  measure  in  the  house.  How- 
ever, a  session  or  two  later  the  bill  was  brought  forward 

Wilmington    again.    The  council  was  composed  of  eight  members.    The 

incorporated       °  i  o 

presiding  officer,  Chief  Justice  Smith,  voted  for  the  bill, 
making  a  tie ;  and  he  then  voted  a  second  time  to  break  the 
tie ;  and  the  bill  being  hurried  to  the  house,  was  put  through 
before  the  Moores  had  time  to  oppose  its  passage.  This 
occasioned  a  strong  remonstrance  from  those  interested  in 
Brunswick,  who  protested  that  it  was  illegal  for  a  member 
of  the  council  to  cast  two  votes.  At  the  next  session  the 
house  again  passed  the  bill  to  cure  this  alleged  defect. 

Immigrants 

Attention  now  began  to  be  attracted  to  North  Carolina, 
and  particularly  to  the  region  drained  by  the  Cape  Fear 
River,  as  a  home  for  settlers,  and  Governor  Johnston  stimu- 
lated interest  among  his  friends  in  Great  Britain  by  his 
c.  r.,  iv,  letters  and  representations.  Before  he  had  been  in  the  gov- 
ernment a  year  he  was  in  communication  with  Mr.  Dobbs 
and  some  other  gentlemen  of  distinction   in   Ireland,  and 


THE  McCULLOH  GRANTS  253 

with  Henry  McCulloh,  a  kinsman  of  his  and  a  merchant  in  ggs 

London,  relative  to  their  sending  over  families;  and  Captain  c.r.,iv,7j 
Woodward,  as  their  attorney,  selected  a  tract  on  Black  River, 
in  New  Hanover,  of  sixty  thousand  acres  for  them ;  and  in 
January,  1736,  McCulloh  petitioned  the  Board  of  Trade  for 
two  other  tracts,  one  at  the  head  of  the  Northeast  and  the 
other  at  the  head  of  the   Northwest  River,   which   were  c  r.,iv, 
allowed  him.    Simultaneously  with  this  movement,  Governor     5%rtsi9 
Burrington,  then  in  London,  and  Mr.  Jenner  proposed  to 
settle  a  colony  of  Swiss  between  the  Neuse  and  the  Cape  c.  r.,  iv, 
Fear  rivers,  and  asked  that  a  new  precinct  should  be  laid  ,s6»X57 
off  in  that  region  for  them;  but  later  the  location  desired 
was  changed  to  one  nearer  the  mountains.    However,  this  McCuHoh'* 
proposed  colony  seems  eventually  to  have  been  merged  in 
McCulloh's  undertaking.    This  enterprising  gentleman  was 
appointed  by  Governor  Johnston  his  agent  in  England,  and 
he  also  secured  an  appointment  as  inspector-general  of  the 
grants  and  revenues  of  the  king  in  South  and  North  Caro-  £**  IV» 
Una;  and  a  few  months  later,  having  associated  two  mer- 
chants, Huey  and  Crymble,  and  some  other  gentlemen  with 
him,  he  obtained  an  order  for  twelve  tracts  of  land  of  one 
hundred  thousand  acres  each,  not  to  be  at  a  greater  dis- 
tance from  each  other,  however,  than  ten  miles,  and  each 
tract  to  be  subdivided  into  eight  equal  parts.    For  these  tracts 
the  grantees  were  not  to  begin  to  pay  quit  rents  until  the 
expiration  of  ten  years,  having  that  time  for  settlement.    The 
grants  were  ordered  to  be  located  on  the  head  waters  of 
Neuse,  Peedee  and  Cape  Fear  rivers,  and  they  were  the 
basis  of  the  immense  land   interest  subsequently  held   by 
McCulloh  in  North  Carolina. 

To  induce  the  immigration  of  settlers,  it  was  urged  that  Letter  of  a 
the  climate  on  the  Cape  Fear  was  as  good  as  that  of  England ;  ya  ,st 
that  living  was  cheap ;  that  fortunes  were  easily  made ;  that 
those  who  came  early  and  took  up  land  would  find  that  its 
value  was  doubled  yearly,  as  had  been  the  case  on  the  lower 
part  of  that  river.  These  inducements  appealed  strongly  to 
enterprising  young  men  to  leave  the  well-occupied  marts  of 
Britain  and  seek  their  fortunes  in  a  country  where  hope 
promised  them  such  advantages.  Captain  Innes,  a  man  of 
unusual  merit,  seems  to  have  accompanied  the  governor  when 


254 


JOHNSTON'S  ADMINISTRATION,  1734-52 


1736 


Tames 
Murray 


Free  Masons 


SwUs,  Irish 
and  Scotch 
C.  R.%  IV, 
685-687 


The  South 
Carolina 
dividing 
line 


he  arrived,  and  among  those  who  were  induced  through  the 
influence  of  the  governor  to  come  over  in  the  fall  of  1735 
was  James  Murray,  a  young  Scotchman,  then  resident  at 
London,  who  brought  with  him  a  stock  of  goods,  and  arrived 
on  the  Cape  Fear  January  1,  1736.  Not  being  able  to 
obtain  a  house  at  Newton  as  he  had  intended,  he  opened 
his  store  at  Brunswick,  where  he  found  ready  sale  for  all 
of  his  merchandise  except  "wigs."  These  fashionable  orna- 
ments of  dress,  much  to  Murray's  disgust,  he  was  unable  to 
dispose  of,  either  at  Charleston  or  on  the  Cape  Fear. 

But  if  the  people  would  not  wear  wigs,  they  nevertheless 
brought  with  them  the  ideas  and  habits  of  the  people  at 
home.  In  1735  they  made  application  to  the  Grand  Lodge 
of  England  for  a  charter  of  a  Free  Mason's  lodge,  which  was 
granted  under  the  name  of  Solomon  Lodge ;  and  one  of  the 
first  buildings  erected  in  the  village  of  Wilmington  was  a 
Mason's  lodge. 

The  first  considerable  number  of  families  coming  together 
were  Swiss,  who  arrived  about  the  end  of  1736,  and  a  colony 
of  Irish,  who  were  settled  on  the  upper  waters  of  the  North- 
east ;  among  the  latter  being  Colonel  Sampson,  the  Owens,* 
Kenans  and  Walkers;  and  in  September,  1739,  the  McNeals, 
Duncan  Campbell,  Colonel  McAlister  and  several  other 
Scotch  gentlemen  brought  over  three  hundred  and  fifty 
Scotch  people,  who  settled  in  the  western  part  of  Bladen 
Precinct.  Earlier  a  colony  of  Welsh  settled  in  the  upper 
part  of  New  Hanover  County,  on  what  has  since  been  known 
as  the  "Welsh  Tract."f  To  encourage  such  colonies  the 
Assembly  exempted  from  taxation  for  ten  years  all  bodies  of 
Protestants  settling  in  the  province  numbering  forty  persons, 
and  in  particular  appropriated  £1,000  for  the  benefit  of  the 
Scotch  settlers. 

Governor  Burrington  having  fortunately  postponed 
settling  the  boundary  line  of  South  Carolina,  Governor 
Johnston  appointed  commissioners  for  that  purpose,  one  of 


♦The  Holmes  family  appears  to  have  located  at  first  in  Edge- 
combe and  then  to  have  removed  to  Duplin. 
Fecordi  fin  March,   1737.  the  Welsh  Tract  extended  from  Burgaw  Creek 

Hanover        to  Widow  Moore's  on  Black  River,  and  then  to  the  bounds  of  the 
Coumy,i737   precinct,  embracing  Duplin  and  Sampson  counties. 


JOHNSTON  URGES  PROGRESS  255 

whom  was  Eleazar  Allen.    The  commissioners  met  at  Allen's  g3s 

residence,  Lilliput,  near  Brunswick,  on  April  23,  1735,  and 
agreed  that  a  due  west  line  should  be  run  from  Cape  Fear 
along  the  seacoast  for  thirty  miles,  and  then  proceed  north- 
west to  the  thirty-fifth  degree  of  north  latitude,  and  then  run 
west.  A  week  later  they  ran  the  line  to  Little  River,  and  in  f  R» XI« 
September  continued  it  seventy  miles  to  the  northwest ;  and 
two  years  later  it  was  extended  in  the  same  direction  twenty- 
two  miles.  There  the  work  was  discontinued  until  1764, 
when  the  line  was  run  west  to  the  vicinity  of  Catawba  River. 

When  the  receivers  first  began  to  collect  the  rents,  which 
were  then  several  years  in  arrears,  many  persons  paid,  and  £6Rm  1V» 
the  governor  was  much  gratified  at  the  success  of  his  plan 
of  proceeding  without  the  sanction  of  the  Assembly ;  but  at 
length,  on  rents  being  demanded  in  Chowan,  Moseley  re- 
fused to  give  his  countenance  to  a  proceeding  he  deemed 
illegal  and  subversive  of  the  rights  of  the  people.  He  de- 
clined to  pay,  and  others  thereupon  stood  with  him,  and 
collections  almost  wholly  ceased. 

While  his  officers  were  meeting  with  success  the  governor  The  new 
had  had  no  use  for  an  Assembly,  and  being  determined  to  se^t.?Sj6 
set  his  face  against  the  biennial  act,  under  which  elections  %^tl 
were  held  without  his  writs,  he  dissolved  the  Assembly  so 
chosen  in  September,  1735,  without  permitting  it  to  convene. 
The  next  year  he  issued  his  writs  for  a  special  election  of 
assemblymen,  and  convened  the  Assembly  in  September,  1736. 
In  his  address  to  that  body  he  urged  that  the  interests  of 
the  people  and  of  the  province  would  be  best  subserved  by 
promoting  religion  and  education,  and  asked  that  provision 
should  be  made  for  public  worship,  and  that  at  least  one 
school  should  be  established  in  the  province.  The  house 
at  that  time,  however,  had  more  pressing  matters  to  con- 
sider than  the  academic  promotion  of  virtue,  and  called  the 
attention  of  the  governor  to  the  unlawful  action  of  those  who 
were  collecting  rents  under  his  orders,  and  declared  that 
their  conduct  was  an  intolerable  grievance.  Nevertheless, 
the  house  passed  a  fee  bill,  which  the  governor  rejected,  and 
also  a  bill  providing  for  a  rent  roll  and  for  the  collection 
of  rents,  and  for  quieting  possessions,  by  the  provisions  of 
which  all  blank  patents  were  declared  valid,  the  validity  of 


256  JOHNSTON'S  ADMINISTRATION,  1734-52 

.'**  the  Great  Deed  reaffirmed  and  the  rents  declared  payable  in 

commodities,  rated  at  specified  values ;  and  the  value  of  the 
paper  money  was  to  be  annually  fixed  by  a  commission  com- 
posed of  the  governor,  four  members  of  the  council  and  the 
speaker  and  six  members  of  the  Assembly,  to  be  chosen  by 

ai'ifa^'  tne  nouse-  This  bill  was  so  clogged  with  provisions  which, 
in  the  opinion  of  a  majority  of  the  council,  were  detrimental 
to  his  Majesty's  interest,  that  the  upper  house  rejected  it, 
and  the  governor,  having  twice  unavailingly  called  the  house 
to  attend  him,  prorogued  the  obstinate  Assembly  until 
March;  and  when  it  then  met,  the  house  having  ordered 
into  custody  the  officers  who  had  been  collecting  the  rents 
from  unwilling  citizens  under  compulsion  from  fear  of 
distraint,  the  governor  promptly  dissolved  it. 

The  In  the  meantime  Governor  Johnston  had  immediately  after 

?ppcTfor  the  adjournment  of  the  first  Assembly  made  a  full  representa- 
tion to  the  Board  of  Trade  of  the  differences  between  the 
people  and  himself.  He  had  urged  that  the  Great  Deed  had 
been  revoked  by  the  Lords  Proprietors ;  that  except  six  un- 
important laws  the  former  legislative  enactments  had  never 
been  confirmed  and  were  now  nullities;  that  especially  the 
biennial  act  ought  to  be  repealed;  that  the  blank  patents 
ought  to  be  set  aside ;  and  he  asked  instructions  as  to  these 
matters  as  well  as  in  regard  to  the  Assembly's  contention 

c.  r.,iv,     about  the  rents.    But  the  Board  of  Trade  took  no  heed  and 

*5°  his  appeals   for   direction  were  in  vain.      No  instructions 

having  been  received  in  reply  to  his  request.  Governor 
Johnston  now  advised  the  Crown  officers  at  home  that  unless 
the  old  laws  were  annulled  his  Majesty  would  have  very 
little  to  do  in  his  province,  for  the  people  had  taken  especial 
care  to  make  themselves  independent  both  of  the  Crown  and 
of  the  Lords  Proprietors ;  and  he  asked  that  a  company  of 
troops,  that  would  not  be  under  the  direction  of  the  Assembly, 
might  be  sent  to  the  province  and  he  be  commissioned  as 
captain  of  it.    Evidently  the  governor  was  minded  to  carry 

c  r.,  iv,     out  hjg  w-]j  an(j  pltrp0ses  even  by  force  if  necessary ;  and 

perhaps  there  was  some  occasion  for  troops,  for  when  at 
the  general  court  a  man  was  imprisoned  for  insulting  the 
marshal  of  the  court,  the  people  of  Bertie  and  Edgecombe, 
understanding  that   his  offence  was   non-payment  of  quit 


QUIT-REN1   TROUBLES  257 

rents,  rose  to  the  number  of  five  hundred  and  approached  7* 

Edenton  with  the  purpose  of  rescuing  him,  cursing  the  king, 
and  with  their  hearts  full  of  rebellion.    While  it  was  only 
in  these  two  precincts  that  the  people  openly  embodied,  yet 
the  seeds  of  insurrection  were  widely  disseminated,  and  the 
governor  hastened  to  advise  McCulloh  that  the  biennial  act 
should  at  once  be  repealed  and  that  the  people  should  be 
warned  and  commanded  by  a  royal  proclamation  to  obey 
the  governor.    With  this  spur,  the  Board  of  Trade  during  c.  r.,  iv, 
the  summer  obtained  from  the  king  an  order  repealing  that  ju!y,i737 
law;    and    conformably    thereto,    in    November    Governor 
Johnston  issued  a  proclamation  giving  notice  of  its  repeal.  JJj.etnnial 
Such  was  the  ending  of  one  of  the  muniments  of  liberty  "p**1*1 
and  safeguards  of  freedom  which  Shaftesbury  had  embodied 
in  his  celebrated  Fundamental  Constitutions  in  the  early  days 
of  the  settlement. 

At  an  Assembly  held  in  New  Bern  in  March,  1739,  the  dis-  JjJJJUSd 
position  to  fashion  the  province  after  the  model  of  England  »nto 
had  its  effect,  and  an  act  was  passed  converting  the  precincts  s.  r  , 
into  counties,  and  for  appointing  sheriffs  in  each  of  them,  *"* 

but  as  that  necessarily  supplanted  the  official  functions  of  the 
marshal,  that  office  was  abolished,  and  Colonel  Halton  was 
allowed  a  money  consideration  for  his  damages.  Provision 
was  also  made  for  holding  circuit  courts,  and  at  an  adjourned 
session  a  month  later  the  struggle  over  the  quit-rent  trouble, 
which  had  lasted  so  many  years,  was  adjusted  by  a  compro- 
mise, which  was  very  agreeable  to  the  governor,  provision 
being  made  for  a  rent  roll  and  the  rents  to  be  paid  in  a  p,*"1^1 
limfted  number  of  commodities,  such  only  as  the  governor 
approved — tobacco,  hemp,  flax,  deer  skins  and  beeswax ;  and 
the  value  of  the  provincial  currency  was  to  be  fixed  by  a 
commission  as  in  the  bill  formerly  rejected  by  the  council. 
One  of  the  considerations  for  the  passage  of  this  bill  by  the 
Assembly  was  that  it  confirmed  the  blank  patents,  in  which 
nearly  all  of  the  chief  men  of  the  province  were  in  some 
measure  interested,  and  it  gave  an  assurance  of  title  to  lands 
which  they  had  improved,  in  some  instances  at  great  ex- 
pense. 

On  the  other  hand,  the  governor  and  his  officers  had  for 
some  time  been  without  compensation  for  their  services,  and 


258 


JOHNSTON'S  ADMINISTRATION,  1734-52 


X739 


Proere* 
in  the 
colony 


Products 


Chief 
Justice 
Smith 
impeached 


as  this  arrangement  opened  the  way  for  the  payment  of  their 
salaries,  it  was  very  gratifying  to  his  Excellency,  who 
hastened  to  send  the  act  to  England  with  his  approval  and 
urgent  request  for  its  confirmation.  In  the  meanwhile,  not 
doubting  that  it  would  be  confirmed,  he  put  it  into  operation, 
and  that  cause  of  disagreement  between  the  administration 
and  the  opposition  was  regarded  as  entirely  removed.  Still, 
the  antagonism  between  the  governor  and  the  Moores,  who 
were  spoken  of  by  the  administration  as  "the  family,"  re- 
mained ;*  but  this  cause  of  difference  being  settled,  Eleazar 
Allen  abandoned  the  governor  and  joined  '*the  family,"  which 
put  the  administration  in  the  minority  in  the  council.  This 
unexpected  defection  of  Allen  led  the  governor  to  immedi- 
ately appoint  as  councillor  James  Murray,  on  whose  fidelity 
he  could  rely. 

The  exports  of  the  Cape  Fear  River  had  now  become  rel- 
atively considerable.  The  vast  pine  forests  were  filled  with 
light  wood,  being  the  heart  of  the  resinous  pine  after  the 
body  of  the  fallen  tree  had  decayed  many  years  before,  and 
the  business  of  making  tar  engaged  a  large  part  of  the  popu- 
lation; indeed,  so  much  of  this  staple  article  of  commerce 
was  speedily  produced  that  the  markets  of  the  world  soon 
became  overstocked.  The  Moores  and  their  friends,  who 
together  had  brought  some  twelve  hundred  slaves  to  the 
settlement,  began  in  1735  the  culture  of  rice,  of  which  large 
crops  were  now  being  produced  for  export;  and  in  1738 
George  Lillington  reported  to  the  Assembly  that  he  had 
brought  the  culture  of  indigo  to  perfection ;  while  particular 
efforts  were  made  in  various  parts  of  the  province  to  grow 
hemp  and  flax.  The  silkworm  was  also  introduced,  saw- 
mills had  been  erected,  bricks  were  burned,  and  much  prog- 
ress was  made  in  comfortable  living  as  well  as  in  profitable 
commerce. 

There  had  been  constant  accessions  to  population,  and  the 
chief  matters  of  difference  between  the  people  at  large  and 
the  administration  having  been  settled,  an  era  of  good  will 
was  ushered  in,  and  there  was  a  period  of  quietude  and  of 
steady  growth.  Still  the  chief  justice  did  not  give  satisfac- 
tion in  his  courts.  In  some  measure  he  seems  to  have 
♦Murray's  "Letters  of  a  Loyalist." 


THE  BUSH  ASSEMBLY  259 

justified  the  opinion  expressed  of  him  by  Burrington,  and  w 

there  were  many  complaints  of  his  irregular  proceedings. 
At  length,  in  1739,  matters  reached  a  crisis,  and  there  was 
a  determination  to  impeach  him.  The  Assembly  was  to  have 
met  in  New  Bern  in  November,  but  because  of  adverse  winds  c.  r.,.iv, 
the  members  from  Albemarle,  who  were  coming  by  water,  ,51' 35a 
were  delayed,  and  only  twenty-six  members  at  first  appeared. 
That  number  was  sufficient  for  a  quorum  and  the  body  might 
have  been  organized.  But  the  chief  justice  had  been  very 
useful  to  the  governor,  and  it  was  alleged  that  in  order  to 
protect  this  officer,  with  the  governor's  connivance,  resort 
was  had  to  management,  and  Smith  procured  four  members 
to  take  to  the  bushes  and  absent  themselves,  thus  preventing 
an  organization.  After  waiting  two  or  three  days,  a  majority 
of  the  council  advised  a  dissolution — advice  which  the  gov- 
ernor hastened  to  follow,  and  the  impending  impeachment 
was  thus  avoided.  From  the  method  pursued  to  break  the 
quorum  that  Assembly  became  known  among  the  people  as 
the  "Bush  Assembly."  A  new  election  was,  however,  at  once  Feb.,  1740 
ordered,  and  when  the  body  met  Smith  managed  to  secure  468, 5^0,  'y* 
the  good  will  of  a  majority  by  promising  to  have  pissed  a 
certain  bill  allowing  some  additional  commodities  to  be  re- 
ceived in  payment  of  taxes  and  in  discharge  of  debts,  the 
rating  of  these  commodities  to  be  at  a  very  high  value.  Sir 
Richard  Everard,  the  son  of  the  former  governor,  however, 
presented  and  pressed  the  resolution  of  impeachment,  setting 
out  in  detail  some  eighteen  impeachable  offences ;  but  a 
majority  of  the  house,  being  thus  won  over  to  the  cause  of 
the  chief  justice,  cut  short  the  time  for  bringing  forward 
the  testimony,  and  by  a  preponderance  of  six  votes  held  that 
the  evidence  presented  was  insufficient  to  justify  the  pro- 
ceeding. So  Smith  not  only  thus  avoided  the  blow,  but, 
indeed,  during  the  year  found  an  opportunity  of  dealing  one 
to  his  old  enemy,  Hanmer,  who  had  been  used  by  Burrington 
to  keep  him  out  of  his  office.  Hanmer  was  charged  with  per- 
jury and  tried  before  Smith  and  convicted.  He  begged 
for  mercy,  but  Smith  was  obdurate,  and  imposed  on  him  such 
a  heavy  punishment  that  in  1743  Hanmer,  being  then  released 
from  prison,  petitioned  the  Crown  for  relief  against  the  chief 
justice,  who,  he  alleged,  had  persecuted  him  and  destroyed 


26o 


JOHNSTON'S  ADMINISTRATION,  1734-52 


Moseley 

chief 

justice 


The 


his  fortune  and  wrecked  his  health.  Smith,  however,  did  not 
survive  long  enough  to  engage  in  this  new  controversy.  In 
1744  he  died,  and  John  Montgomery  succeeded  him  as  chief 
justice ;  himself  surviving  only  a  few  months,  when  Edward 
Moseley  was  appointed  to  the  position. 

For  years  there  had  been  a  constant  disregard  by  the 
English  traders  of  the  commercial  regulations  which  Spain 
had  thrown  around  the  commerce  of  her  American  colonies 
with  a  view  of  excluding  foreign  trade  and  maintaining  an 
exclusive  dealing  with  the  mother  country.  The  contract 
of  the  English  for  the  importation  of  negroes,  known  as  the 
paim  1  war  Asiento,  increased  their  facilities  for  smuggling  and  main- 
taining an  illicit  trade  with  the  Spanish  colonies,  which  was 
carried  on  with  great  gain,  particularly  by  the  merchants  of 
Jamaica.  There  were  besides  other  causes  of  differences  be- 
tween England  and  Spain,  which,  however,  in  the  spring  of 
1739  had  been  amicably  settled  by  a  convention;  but  the 
convention  was  not  promptly  carried  into  effect,  and  the 
English  traders,  fearing  that  their  trade  would  be  cut  off 
by  it,  were  clamorous  in  demanding  a  "free  sea"  even  in 
the  Spanish  Main.*  To  please  them  war  was  declared  with 
Spain  on  a  point  that  was  of  unusual  interest  to  the  English 
colonies  in  America,  as  it  related  to  unrestrained  commercial 
intercourse  with  the  Spanish  settlements  to  the  southward. 
In  view  of  these  hostilities,  in  the  summer  of  1740  Gov- 
ernor Johnston  received  instructions  to  raise  such  troops 
as  could  be  obtained  in  the  province,  and  he  called  a  special 
session  of  the  Assembly  to  make  provision  for  them.  The 
members  were  zealous  in  their  patriotic  ardor,  and  with 
notable  unanimity  appropriated  £12,000  sterling  for  the 
maintenance  of  the  levies;  and  the  governor  hired  four 
vessels  at  Edenton,  three  companies  of  a  hundred  men  each 
being  raised  in  the  northern  counties,  and  one  vessel  at  Wil- 
mington, where  a  hundred  men  enlisted,  to  convey  them  on 
the  expedition.    So  ready  were  the  people  to  go  that  many 


c.  r  ,  IV, 

4*x 


*While  the  merchants  were  clamoring,  one  Jenkins,  a  sailor,  ap- 
peared before  Parliament  and  exhibited  one  of  his  ears  that  had 
been  cut  off  by  the  Spaniards.  This  turned  the  scale  against  Wal- 
pole's  peace  policy,  and  the  war  became  known  as  "the  war  of 
Jenkins's  ear." 


THE  SPANISH  WAR  261 

more  companies  could  have  been  obtained  had  adequate  pro-  w 

vision  been  made  for  them. 

These  troops  were  originally  intended  to  operate  with  the  Expedition 
expedition  under  General  Oglethorpe  against  St.  Augustine,  to  rta*en* 
and  some  of  them  were  despatched  on  that  service.  That 
expedition  having  failed,  they  sailed  for  Jamaica,  where  the 
British  forces  were  concentrated.  Captain  Innes  commanded 
one  company,  and  with  him  were  Lieutenant  Pringle  and 
Lieutenant  Douglass,  who  appear  to  have  come  from  Eng- 
land. They  sailed  from  Wilmington  on  November  26,  1740, 
and  were  actively  engaged  in  the  West  Indies.  Later  these 
forces  were  in  Admiral  Vernon's  expedition  against  Carta- 
gena, where,  after  meeting  with  some  successes,  the  want 
of  co-operation  between  the  army  and  the  navy  worked  their 
ruin.  Not  only  were  there  great  losses  on  the  land,  but 
after  the  troops  were  driven  to  re-embark  a  fever  broke  out 
among  them  and  nine  out  of  ten  of  the  colonial  contingent 
succumbed  to  disease,  the  entire  loss  in  the  expedition  being 
over  20,000  men.  But  few  of  the  North  Carolina  troops 
returned.  That  they  bore  an  honorable  part  in  the  opera- 
tions may  be  gathered  from  the  fact  that  Lieutenant  Pringle 
was  wounded  at  the  siege  of  Boca-Chica,  while  Captain 
Innes  won  such  distinction  and  his  merit  was  so  thoroughly 
recognized  that  in  1756  he  was  appointed  commander-in-chief 
of  the  Virginia  forces.  Colonel  Washington  was  glad  to 
serve  under  him. 

The  decision  of  the  Board  of  Trade 

After  the  act  relating  to  the  rents  had  been  in  operation  w 
some  two  years  the  governor  was  humiliated  at  receiving 
information  that  it  had  been  disallowed  by  the  king.     The  Quit-rent 
passage  of  the  act  had  been  obtained  by  him  after  a  long  dlTaiiowed 
conflict  with  the  Assembly,  and  it  happily  settled  many  con- 
tentions; but  the  half  dozen  merchants  in  London  trading 
to   North  Carolina  protested  against  the  provision  which 
allowed  a  commission  to  fix  the  value  of  the  currency;  and 
for  that  reason  the  entire  settlement  of  the  vexed  questions 
was  annulled.    It  is  no  wonder  that  the  governor's  patience 
was  taxed  beyond  measure  by  this  untoward  and  unwise 
action.    But  that  was  not  his  only  disappointment;  the  other 


262  JOHNSTON'S  ADMINISTRATION,  1734-52 

l2£  questions  submitted  by  him  were  all  decided  practically  ad- 

c.  rmiv,     verse  to  the  positions  he  had  taken.    In  February,  1738,  the 
287  law  officers  made  their  adverse  report,  but  it  was  held  up 

three  years  at  London  and  not  communicated  to  Governor 
Johnston  until  1741,  notwithstanding  his  anxious  solicitude 
Great  Deed  *or  decisive  instructions.  In  regard  to  the  Great  Deed,  it  was 
held  that  that  instrument  was  revocable,  but  that  its  revoca- 
tion could  not  affect  grants  made  while  it  was  in  operation ; 
and  whether  it  was  revoked  by  the  commission  and  instruc- 
tions to  Governor  Sayle  in  1669,  as  contended  by  Johnston 
and  McCulloh,  depended  on  whether  Albemarle  was  within 
Sayle's  territory — which,  indeed,  had  been  limited  to  "south 
and  west  of  Cape  Carteret";  and  even  were  it  within  that 
territory,  the  board  considered  that  a  long  and  quiet  enjoy- 
ment of  land  would  cure  all  defects  of  title. 
The  The  greater  question  was  as  to  the  payment  of  the  quit 

quit  rents  °  ,    .         ...  ...  n«  •«« 

rents,  and  its  decision  was  entirely  in  conflict  with  the  gov- 
ernor's views  and  sustained  Moseley  and  the  Assembly  at 
all  points  in  the  controversy.  It  was  held  that  the  rents 
were  not  payable  in  specie,  but  might  be  paid  in  commodities 
at  the  market  value,  and  that  the  place  of  payment  was  on 
the  farms. 
c  r.,  iv,  Concerning  Johnston's  contention  that  the  whole  body  of 
291  the  laws  were  a  nullity,  it  was  decided  that  as  they  had  been 

Laws  in  use  among  the  people  and  acquiesced  in  by  the  Proprietors 

confirmed      ^ey  were  not  void  and  could  not  be  repealed  by  the  Crown ; 
still  they  made  an  exception  in  regard  to  the  biennial  act, 
and  held  that  it  was  in  the  province  of  the  king  to  repeal 
and  annul  that  for  special  reasons,  as  had  been  done. 
.BI;,.n.!trc  After  a  full  examination  into  the  matter  of  blank  patents, 

the  nature  of  which  was  fully  explained  to  them  by  Gov- 
ernor Rurrington,  the  law  officers  decided  that  notwithstand- 
ing the  Lords  Proprietors  had  ordered  their  land  office  to 
be  closed,  yet  the  patents  were  good  if  the  Proprietors  were 
made  privy  to  them,  or  had  afterward  received  the  con- 
sideration money ;  but  those  issued  after  notice  of  the  king's 
purchase  were  not  good ;  and  they  held  that  the  circumstance 
C.R.,  iv,  that  the  patents  were  blank  as  to  boundaries  was  not  of 
itself  sufficient  to  avoid  them;  and  if  any  of  the  patents 
were  voidable,  the  proper  course  to  annul  them  was  by  infor- 


p.itcnts 


332 


THE  BOARD  ADVERSE  TO  JOHNSTON'S  CLAIMS  263 

mation  in  the  courts.    These  decisions,  however,  were  not  xj£ 

for  three  years  communicated  to  the  governor,  who  in 
ignorance  of  them  had  maintained  his  position  on  the  matters 
involved  with  partisan  loyalty  and  devoted  zeal  in  behalf 
of  what  he  regarded  were  the  legal  rights  of  his  sovereign.  c  R  IV 
Disheartened  in  the  extreme,  for  the  only  gratification  he  583 
had  enjoyed  was  in  the  repeal  of  the  biennial  act,  the 
governor,  receiving  no  salary  whatever,  nevertheless  con- 
tinued to  apply  unavailingly  for  new  instructions,  until  at 
length,  in  1747,  the  humiliating  answer  came  that  he  had 
better  try  to  get  a  new  act  passed  for  the  collection  of  rents 
not  containing  the  objectionable  feature  of  a  commission  to 
fix  the  value  of  the  currency  that  had  caused  the  rejection 
of  the  former  act.  He  had  asked  for  bread  and  they  gave 
him  a  stone. 

But  notwithstanding  this  ill-usage,  Governor  Johnston  currency 
would  abate  nothing  from  the  tenor  of  his  original  instruc-  lenforone 
tions,  and  the  receivers  of  rents  would  not  settle  them  for 
commodities,  and  now  rated  the  provincial  currency  at  only 
one-tenth  the  value  of  specie.  As  great  as  was  this  rate 
of  depreciation,  it  was  equaled  in  the  neighboring  province  of 
South  Carolina,  where  for  three-quarters  of  a  century  the 
currency  was  never  at  a  less  discount  than  700  per  cent; 
and  where  twenty-eight  of  the  merchants  of  Charleston 
having,  in  1722,  presented  a  memorial  complaining  of  broken 
pledges  in  not  retiring  the  currency,  the  Assembly  ordered 
them  all  into  the  custody  of  its  officers. 

The  people  of  North  Carolina,  however,  were  not  content  Governor's 
with  having  their  currency  rated  so  low,  and  abstained  from  JjJjUd' 
paying  their  rents;  and  so  little  money  was  collected  that 
the  governor's  salary  remained  unpaid ;  and  especially  was 
this  the  case  after  the  northern  part  of  the  province  had 
been  set  apart  to  Earl  Granville,  the  rents  in  arrears  as  well 
as  those  annually  to  accrue  in  that  territory  after  1744  being 
the  individual  property  of  that  Proprietor,  while  those  accru- 
ing in  the  lower  portion  of  the  province,  which  had  not  been 
so  long  settled,  were  of  comparatively  insignificant  value. 

Embarrassed  by  his  pecuniary  condition, other  matters  bore 
equally  hard  on  the  governor.     Civil  war  was  raging  in  his 


264  JOHNSTON'S  ADMINISTRATION,  1734-52 


Matters  in 

dispute 

settled 


native  country,*  where  the  young  Stuart  prince  had  erected 
the  standard  of  his  father  and  had  gathered  around  him 
his  zealous  Highlanders,  while  the  low-country  Scotch,  being 
Presbyterians  and  followers  of  John  Knox,  adhered  to  the 
Protestant  house  of  Hanover.  The  situation  of  his  kindred 
and  friends  gave  him  much  concern ;  and  because  of  the  war 
with  Spain  and  then  with  France,  the  seacoast  of  the  prov- 
ince was  opened  to  easy  assault,  and  its  defenceless  con- 
dition was  the  occasion  of  much  uneasiness;  forts  should 
be  built  and  a  militia  organized;  assemblies  and  general 
courts  had  been  constantly  held  at  Edenton,  which  was  too 
inaccessible  as  a  seat  of  government,  and  a  more  convenient 
location  was  desired,  where  the  officers  should  reside  and 
the  public  records  be  kept ;  the  acts  of  the  Assembly  were  in 
confusion  and  a  codification  indispensable;  the  time  for 
which  the  provincial  bills  were  to  run  was  about  to  expire, 
and  provision  should  be  made  for  renewing  them;  while 
other  subjects  of  almost  equally  grave  importance  claimed 
attention.  Yet  assemblies  would  meet,  and  because  of 
jealousy  between  the  houses  or  disagreements  with  the  gov- 
ernor, little  or  nothing  was  accomplished.  Still,  one  by  one 
these  subjects  were  considered,  and  occasionally  some  would 
be  acted  upon,  except  alone  that  establishing  a  seat  of  gov- 
ernment; as  to  that  there  was  an  irreconcilable  difference 
between  the  houses,  the  northern  members  of  the  Assembly 
insisting  on  Bath,  the  governor  and  the  council,  of  whom  a 
majority  resided  on  the  Cape  Fear,  proposing  New  Bern; 
so  there  could  be  no  agreement. 


Granville 

and 

Johnston 

counties 

1746 

C.  R.,  IV, 

831,  834 


Westward  expansion 

But  whatever  were  the  perplexities  of  government,  the 
province  continued  to  grow  in  population  and  importance. 
Virginians  from  the  beginning  had  flocked  across  the  border. 
After  the  old  precincts  at  Albemarle  were  well  occupied, 
these  immigrants  from  the  adjoining  province  possessed 
themselves  of  Bertie,  and  there  the  population  became  so 
numerous  that  in  1741  the  new  county  of  Northampton  had 
to  be  erected.  Five  years  later  the  first  settlement  that  the 
Virginians  had  mndc  on  the  Tar  had  so  expanded  that  Edge- 
*It  is  said  that  Governor  Johnston's  brothers  were  in  this  rising. 


IMMIGRANTS  ARRIVE  265 

combe  had  to  be  divided,  and  Granville  was  portioned  off  l*£ 

on  the  western  frontier;  while  in  like  manner  Johnston 
County  (first  proposed  to  be  named  Essex)  was  formed  from  s.r.,xxiii 
the  western  part  of  Craven,  extending  up  the  course  of  the 
Neuse. 

In  New  Hanover  22,000  acres  of  land  had  been  surveyed 
for  McCulloh  between  the  Northeast  and  Black  rivers,  and 
50,000  acres  were  located  for  him  a  little  higher  up,  which 
were  under  the  care  of  Dr.  William  Houston,  near  Soracte 
and  the  Golden  Grove,  where  the  Irish  and  Swiss  settlers  had 
been  established  in  1736.  In  1736  George  Vaughan,  a  bar-  §JSd» 
rister  of  Dublin,  Ireland,  purchased  of  a  Mr.  Hewitt  12,000  New 

.  ,   .        f  .  .  Hanover 

acres  of  land  situated  in  this  territory  and  apparently  a  part  County 
of  the  50,000  acres  laid  off  for  McCulloh  and  his  associates ;  1064 "    ' 
and   the  next  year,    1737,  John    Sampson,   a   nephew   of 
Vaughan,  settled  on  the  tract  as  agent.    Three  years  later 
Vaughan  resolved  to  appropriate  the  land,  together  with  one 
hundred  slaves,  to  the  purpose  of  Christianizing  five  Indian 
tribes*  then  said  to  be  in  the  vicinity ;  and  under  an  arrange- 
ment Sampson  sought  to  carry  out  these  general  purposes, 
but  for  some  reason  the  plan  appears  to  have  miscarried. 
Indeed,  the  settlement  of  upper  New  Hanover  prospered  so 
well  that  in  1749  a  new  county  was  formed  out  of  that  terri- 
tory, at  first  proposed  to  be  called  "Donegal,"  or  Fane, 
but  on  consideration  was  named  Duplin,  in  honor  of  Lord  county 
Dupplin,  one  of  the  Board  of  Trade. 

And  even  a  still  more  interesting  movement  was  witnessed  P-..R-» IV* 
on  the  other  branch  of  the  Cape  Fear.  Some  Scotchmen  had 
been  induced,  perhaps  through  the  influence  of  Governor 
Johnston,  to  come  to  that  region  shortly  after  his  appoint- 
ment, and  later  there  were  large  accessions  of  the  same 
population.  In  1739  Colonel  McAlister  arrived  with  three 
hundred  and  fifty  Scotchmen  in  one  body.  After  the  disaster  m|]^Si2„ch 
at  Culloden  the  adherents  of  Charles  Edward  were  put  to 
the  sword  and  threatened  with  extermination.  The  chieftains 
and  more  prominent  leaders  were  quickly  despatched,  while 
the  humbler  people  were  hunted  like  wild  animals  in  a  chase 
and   butchered    without  compunction  of   conscience.     The 

♦Indian  relics  arc  still  found  widely  scattered  throughout  Duplin 
and  Sampson  counties. 


266 


JOHNSTON'S  ADMINISTRATION,  1734-52 


1746 


CuUoden 


Highlanders 
in  Cumber- 
land, 1746 


Vass,  Hist. 
New  Bern 
Presby. 
Church 


Anson 
County 
C.  R.,  IV, 
888,  1064 


bloody  work  was,  however,  at  length  arrested  by  a  tardy 
proclamation  of  mercy,  and  a  pardon  was  issued  under  the 
great  seal  exempting  from  the  death  penalty  nineteen  out  of 
twenty  who  had  escaped  the  terrible  slaughter.  To  deter- 
mine who  should  be  the  victims  of  this  melancholy  fate,  there 
was  resort  to  the  haphazard  chance  of  casting  the  lot.  Those 
undefended  by  fortune  perished,  the  other  nineteen  being 
adjudged  to  suffer  only  expatriation — a  merciful  boon,  per- 
petual exile.  The  removal  of  entire  clans  was  enforced,  and 
hundreds  who,  not  being  involved  in  the  trouble,  might  have 
remained  in  their  desolated  country  preferred  to  abandon 
their  beloved  mountains  and  share  the  fortunes  of  their  com- 
patriots rather  than  remain  in  their  deserted  homes.  Indeed, 
the  feudal  tenures  of  the  olden  time  were  then  destroyed, 
and  the  ties  that  bound  the  clansmen  to  their  chiefs  passed 
away,  introducing  new  conditions  that  were  intolerable  to 
the  Highlanders.  Some  influences  turned  the  tide  of  migra- 
tion to  the  upper  Cape  Fear,  where  a  number  of  their  High- 
land companions  had  already  located.  So  that  in  1746  the 
vicinity  of  the  present  town  of  Fayetteville  was  occupied 
by  a  considerable  colony  of  these  unhappy  Scotchmen,  and 
shipload  after  shipload  of  these  unfortunate  people  disem- 
barked at  Wilmington  and  then  penetrated  far  into  the 
wilderness  of  the  interior.  In  1749  Neal  McNeal  at  one 
time  brought  over  five  hundred  with  him,  and  they  scattered 
through  Bladen,  Anson  and  what  is  now  Cumberland 
counties.  Five  years  later  the  stream  began  to  flow  again, 
and  from  that  time  onward  there  were  constant  arrivals  from 
the  Highlands  of  Scotland,  until  a  vast  territory  was  occu- 
pied by  them.  Beliol,  of  Jura,  one  of  the  Hebrides  Islands, 
found  employment  for  a  vessel  regularly  engaged  in  bringing 
in  annually  Scotch  emigrants,  who  were  reared  almost  within 
hail  of  classic  Iona,  the  hallowed  home  of  primitive  Presby- 
terianism.  Even  as  late  as  in  1775  a  colony  of  three  hundred 
and  fifty  arrived,  and  joined  their  kindred  on  the  upper  Cape 
Fear. 

From  South  Carolina  other  colonists  had  pushed  up  the 
Peedee,  taking  possession  of  the  fine  lands  along  that  river 
far  to  the  west  of  the  Bladen  settlements,  so  that  in  Septem- 
ber, 1748,  they  besought  the  council  for  the  benefit  of  a  new 


ANSON  COUNTY  ORGANIZED  267 

county,  saying  that  there  were  between  two  hundred  and  lj£ 

three  hundred  white  tithables  in  the  Peedee  country  a  hun- 
dred miles  distant  from  the  court-house ;  and  in  answer  to  s.r.,xxiii 
their  prayer  a  county  was  established  called  Anson,  in  honor  343 
of  the  brave  commodore   whose   fame   at  that   time   was 
resounding  throughout  the  world.    Indeed,  so  rapid  had  been  £'xRm  iv' 
the  progress  of  settlement  that  when,  in  1746,  Moseley  and 
the    other   commissioners    for   running   the   Granville   line 
reached  the  Saxapahaw,  at  the  present  southeast  corner  of 
Chatham  County,  they  found  settlers  and  houses  already 
there,  though  the  country  was  but  sparsely  occupied,  and 
the  region  to  the  west  was  as  yet  uninhabited. 

Sir  John  Carteret,  who  held  high  office  at  Court,  perhaps  Granville's 
animated  by  an  ambition  to  be  the  sole  possessor  of  immense  termory 
territories  in  the  New  World,  had,  in  1729,  declined  to  dis- 
pose of  his  share  on  the  purchase  by  the  Crown  of  Carolina, 
and  by  the  king's  command  his  portion  was  set  apart  to  him 
in  severalty  adjoining  Virginia,  and  the  dividing  line  was 
agreed  to  be  the  parallel  of  latitude  35°  and  34',  by  which 
about  two-thirds  of  the  province  became  his  individual  prop- 
erty. Carteret,  by  the  death  of  his  mother,  had  just  then 
succeeded  to  the  title  of  Lord  Granville.  He  had  the  year 
before  overthrown  the  Walpole  administration,  and  was  sec- 
retary of  state ;  and  he  had  uncontrolled  ascendancy  over  the 
king,  and  was  "not  only  the  most  brilliant  debater,  but  the 
ablest  statesman  of  his  time." 

In  the  winter  of  1743  his  line  was  run  from  Hatteras  to  His  line  nm 
Bath,  and  in  the  spring  of  1746  it  was  continued  to  Saxapa- 
haw, passing  near  the  present  towns  of  Snow  Hill  and 
Princeton ;  and  when  extended  farther  west  it  became 
eventually  the  southern  boundary  of  the  counties  of  Chatham, 
Randolph,  Davidson,  and  Rowan.  From  the  time  it  was 
run  all  the  interest  of  the  Crown  ceased  in  the  rents  within 
that  extensive  territory,  they  belonging  exclusively  to  Gran- 
ville, who  appointed  Moseley  and  Halton  his  agents  for  col- 
lecting the  rents  and  making  grants  in  his  name. 

This  division  of  the  province  between  the  king  and  Gran- 
ville, and  the  conflicting  interests  of  the  northern  and 
southern  counties,  and  the  desire  of  the  governor  to  estab- 
lish a  seat  of  government  in  New  Bern,  led  to  one  of  the 


268  JOHNSTON'S  ADMINISTRATION,  1734-52 

I7!6  most  strenuous  struggles  that  marked  the  course  of  public 

affairs. 

The  unarmed  rebellion 

The  Assembly  was  composed  of  fifty-four  members,  of 
whom,  as  the  northern  counties  had  five  each  while  the 
southern  counties  had  but  two,  the  majority  always  lay  with 
Albemarle ;  so  to  compass  his  purpose  with  regard  to  estab- 
lishing a  seat  of  government  the  governor  skilfully  resorted 
Nov.,  1746  to  management.  An  Assembly  having  met  in  New  Bern  in 
•70  '  '  June,  1746,  and  the  houses  having  disagreed  as  between  Bath 
and  New  Rem,  the  governor  prorogued  the  body  to  meet  at 
Wilmington  in  November,  at  a  time  when  the  northern  mem- 
bers would  be  engaged  in  sending  their  cattle  and  hogs  to 
Virginia  for  sale,  and  could  not  conveniently  attend  at  so 
remote  a  place.  The  Albemarle  representatives,  relying  on 
their  power  to  break  a  quorum  by  remaining  away,  agreed 
on  that  course  and  did  not  go  to  the  Cape  Fear.  In  former 
years  the  result  would  have  answered  their  expectations ;  but 
with  the  growing  importance  of  the  Cape  Fear  region  and 
the  divergence  of  interests  that  had  arisen  between  the  sec- 
tions new  conditions  had  come  to  defeat  these  calculations. 
bW  1V*  When  the  house  assembled,  there  being  eight  old  members 
and  seven  newly  elected,  fifteen  in  all,  in  attendance,  the 
speaker,  Sam  Swann,  calling  to  his  aid  the  rule  of  the  British 
Parliament  by  which  40  members  out  of  556  constituted  a 
quorum,  declared  a  quorum  present,  and  the  house  proceeded 
to  business.  Only  two  bills  were  passed,  but  these  were  of 
great  importance.  By  one  of  them  the  seat  of  government 
was  fixed  permanently  at  New  Bern,  where  public  papers 
were  required  to  be  kept,  instead  of  at  the  private  residences 
of  the  officers  in  the  different  parts  of  the  province,  as 
had  been  the  practice;  and  circuit  courts  were  established 
to  be  held  throughout  the  province;  while  the  other 
was  intended  to  destroy  the  inequality  of  representation  by 
allowing  to  each  county  in  the  province  two  representatives 
and  no  more.  This  was  a  direct  blow  at  the  northern  coun- 
ties, which  the  Albemarle  people  furiously  resented.  They 
declared  that  by  the  constitution  of  the  province  the  original 
Albemarle  counties  had  a  right  to  five  members,  of  which 


THE  UNARMED  REBELLION  269 

they  could  not  be  deprived ;  and  that  a  quorum  of  the  house  w 

consisted  of  a  majority  of  all  the  members,  and  that  a  less 

number  could  not  lawfully  pass  a  bill.    They  asserted  that 

the  governor  had  by  artifice  and  trick  devised  this  proceeding, 

and  as  they  had  fallen  into  the  trap,  they  now  prepared  to 

meet  the  emergency  by  a  counter-plot.    By  agreement,  they  £hU(|£°.d 

were  to  abstain  from  attending  future  sessions;  and  their  »«* 

declaration  that  the  act  establishing  the  seat  of  government  |?5.&4 

and  appointing  commissioners  to  erect  the  public  building  at    e  "  ,747 

New  Bern  was  a  nullity  raised  an  obstacle  in  the  way  of 

giving  effect  to  that  law  which  could  not  be  overcome,  and 

the  buildings  were  not  erected.    The  governor  issued  writs 

for  a  new  Assembly  to  meet   in    February,   ordering  the 

sheriffs  to  return  but  two  members  from  any  county,  but 

the   Albemarle   people   disregarded   these   instructions   and 

voted  for  five  members  as  formerly.    Throughout  the  whole 

region  there  was  concert  of  action,  and  the  entire  section 

was  united  as  one  man  to  preserve  their  constitutional  rights. 

When  the  Assembly  met  the  elections  in  those  counties  were 

held  void,  and  new  writs  were  issued  for  another  election, 

but  the  people  to  a  man  abstained  from  voting.    There  were  Northern 

« ■  1  rr>t  .  1  counties  not 

no  elections  held.  The  northern  counties  would  not  be  rep-  represented 
resented  by  less  than  five  members.  Both  sides,  however, 
appealed  to  the  higher  authority  of  the  Crown ;  but  the  law 
officers  in  England,  who  during  the  whole  colonial  period 
acted  on  a  high  plane  and  sought  to  be  fair  and  impartial, 
would  not  decide  except  on  a  full  hearing,  and  required 
testimony  to  be  taken  in  the  province  as  to  the  disputed  facts. 
This  delay  brought  no  harmony  to  the  province,  and  as 
months  passed  the  interests  of  the  sections  conflicted  more 
and  more.  The  public  men  who  had  formerly  acted  in  unison 
drifted  apart ;  faction  and  party  spirit  ran  high,  and  the  prov- 
ince became  divided  into  two  sectional  parties,  whose  antag- 
onism constantly  grew  in  bitterness. 

The  governor  did  not  choose  to  risk  another  Assembly,  or  They  refuse 
perhaps  deemed  it  ill-advised  to  disturb  existing  conditions,  obcd,ence 
so  year  after  year  the  Assembly  elected  in  February,  1747, 
continued  to  meet  under  successive  prorogations.     Having 
no  representatives,  the  northern  counties  refused  to  obey  the 
laws  enacted  by  the  Rump ;  they  did  not  recognize  the  new 


270  JOHNSTON'S  ADMINISTRATION,  1734-52 

gff  circuit  courts,  and  especially  they  would  pay  no  taxes  to 

c.  r.,  iv,     support  a  government  in  which  they  had  no  share ;  and  as 
,31t  the  northern  inhabitants  would  pay  no  taxes,  after  a  while 

neither  would  the  southern,  who  would  not  bear  the  burden 
of  government  alone.  The  house  eventually  became  like 
the  Long  Parliament  in  England,  a  body  exercising  the  func- 
tions of  government,  but  no  longer  representative  of  its  con- 
stituents. While  its  enactments  had  the  force  of  law  in  the 
southern  counties,  in  the  northern  they  were  utterly  dis- 
regarded. 

The  Spanish  invasions 
SLR.,xxii,  Notwithstanding  the  defection  of  the  northern  members, 
the  Assembly  had  to  deal  with  matters  of  general  interest. 
Particularly  did  the  defenceless  condition  of  the  coast  give 
great  concern.  In  1741  several  Spanish  privateers  took  pos- 
session of  Ocracoke  Inlet,  and  seized  the  vessels  arriving 

s.r.,xxii,  there.    Thev  also  landed  and  carried  off  the  cattle  of  the  in- 
26*,  278 

hibitants.     Eventually  they  were   driven   away,  but  their 

depredations  were  so  great  that  provisions  had  to  be  sup- 
plied to  the  distressed  people  at  a  cost  to  the  province  of 
more  than  £10,000. 

Aug.,  1747  Again  in  1744  they  harassed  the  coast;  and  in  1747  boldly 
entered  the  harbor  of  Beaufort.  Major  Enoch  Ward  hastily 
gathered  some  militia  and  held  them  at  bay  until  August 
26th,  when  they  succeeded  in  gaining  possession  of  the  town 
itself.    In  a  few  days,  however,  Colonel  Thomas  Lovick  and 

?lken°rt       Captain  Charles  Cogdell  came  to  the  rescue  with  a  sufficient 

s^r.,xxii,  force,  and  early  in  September  the  Spaniards  were  expelled, 
suffering  considerable  loss.  At  least  ten  of  the  invaders 
were  captured.  But  so  successful  were  these  forays  that  the 
next  summer  they  were  continued,  and  the  coast  was  ravaged. 
Early  in  July  some  of  the  Spanish  ships  lay  in  the  harbor  of 

174  the  lower  Cape  Fear,  while  a  company  of  militia  held  the 

s.r.,xxii,  shore  against  them. 

At  that  time  six  of  the  Spaniards  were  captured,  and 
they  withdrew,  only,  however,  to  return  in  heavier  force 
about   the   beginning  of   September.     On  the  4th  of  that 


THE  SPANISH  INVASIONS  271 

month  the  alarm  was  given  at  Wilmington  that  they  were  *J* 

ascending  the  river,  and  the  militia  companies  hurried  in 
detachments  to  the  scene.  The  general  defence  had  been  ^p1-  ,o 
committed  to  Eleazar  Allen,  Roger  Moore,  Edward  Moseley 
and  William  Forbes,  as  commissioners;  while  Major  John 
Swann  was  in  immediate  command.  Among  the  companies 
participating  in  the  defence  were  those  commanded  by  Cap- 
tain William  Dry,  Captain  John  Ashe  and  Captain  John 
Sampson.  These  alone  numbered  more  than  300  troops.  The  Brunswick 
Spaniards  quickly  took  possession  of  Brunswick,  and  for  Sept.6-i'o, 
four  days,  from  the  6th  to  the  10th,  hostilities  were  active.  *74 
At  length,  on  the  10th,  one  of  the  Spanish  vessels  was  blown 
up,  and  the  others  were  driven  off.  All  that  day  Colonel  R  ^ 
Dry  was  employed  burying  dead  Spaniards,  and  two  days  a7i-a86 
later  he  was  getting  the  guns,  anchors  and  other  valuables 
ashore  from  the  wreck.  It  was  from  this  destroyed  vessel 
that  the  painting  was  obtained  which  is  still  preserved  in  the 
vestry-room  of  St.  James's  Church  at  Wilmington.  The 
spoils  from  the  wreck  were  appropriated  for  the  use  of 
the  churches  at  Brunswick  and  Wilmington.  A  considerable 
number  of  the  Spaniards  were  killed  and  wounded ;  while  at 
least  twenty-nine  fell  into  the  hands  of  the  inhabitants.  The 
alarm  occasioned  by  these  attacks  aroused  the  people,  and 
the  Assembly  readily  yielded  to  the  suggestion  of  the  gov- 
ernor to  make  preparations  for  defence.  A  bill  was  passed  to 
issue  new  currency  to  the  amount  of  £6,000  sterling  for  the 
purpose  of  erecting  two  large  forts,  one  at  Cape  Fear  and  s.r.,xxiii 
the  other  at  Ocracoke,  while  smaller  ones  were  to  be  built 
at  Core  Sound  and  Bear  Inlet ;  but  only  the  one  at  Cape  Fear 
was  ever  completed.  The  governor,  however,  had  been  par- 
ticularly instructed  not  to  assent  to  a  new  issue  of  currency, 
and  in  violating  these  directions  he  imposed  terms  which  he 
hoped  would  shield  him  from  blame  for  his  disobedience.  He 
required  that  the  Assembly  should  agree  that  the  use  of 
commodities  in  the  payment  of  taxes  should  cease,  and  that 
all  public  payments  should  be  made  in  proclamation  money. 
This  was  a  point  gained  which  the  governor  had  long  had 
very  much  at  heart,  and  from  his  standpoint  it  was  cheaply 
bought. 


272  JOHNSTON'S  ADMINISTRATION,  1734-52 

1748  Effort  to  displace  Johnston 

The  passage  of  this  currency  bill  and  the  disturbed  con- 
dition of  affairs  in  the  province,  however,  led  the  London 
merchants  and  McCulloh  to  make  an  effort  for  Johnston's 

936  M  '  removal.  Toward  the  end  of  1748  John  Morris,  Francis 
Corbin,  Arthur  Dobbs  and  others  began  proceedings  against 
him,  which  J.  A.  Abercromby,  who  had  just  been  appointed 
agent  for  the  province  by  the  Assembly,  very  skilfully 
delayed,  and  then  McCulloh  filed  a  memorial  in  his  own 
behalf  complaining  of  alleged  misconduct  on  the  part  of  the 
governor,    which    later    seems    to    have    been    sufficiently 

No  reports  answered.  One  of  the  allegations  against  Governor  John- 
ston was  that  he  had  ceased  making  any  reports  to  the 
officials  at  home,  but  while  the  Board  of  Trade  stated  that 
for  five  years,  between  1741  and  1746,  they  had  received  no 
communications  from  him,  it  appeared  that  letters  and  pack- 
ages had  been  sent  by  the  captains  of  the  merchant  vessels, 
who  had  not  delivered  them.  Doubtless  the  governor  was, 
however,  negligent,  for  he  was  receiving  no  salary  and  all 
his  efforts  to  procure  an  adjustment  of  controversies  that 
might  result  in  his  collecting  rents  sufficient  to  pay  salaries 
had  been  defeated  by  the  non-action  of  the  home  government. 

d^Twice*  At  length,  in  1748,  the  Assembly  having  passed  the  cur- 
rency bill  with  his  concurrence,  the  next  year  they  passed 
two  others  that  afforded  him  great  satisfaction:  one  pro- 
viding for  a  codification  of  the  laws  and  the  other  to  prepare 
a  rent  roll,  requiring  that  all  grants  and  deeds  should  be 
recorded  for  that  purpose.  The  northern  counties  were 
opposed  to  all  of  these  measures.  Trading  to  Virginia,  they 
naturally  wanted  a  currency  of  equal  value  with  the  Virginia 
currency,  and  were  opposed  to  any  depreciation  of  North 
Carolina  money ;  and  being  now  in  Granville's  territory,  their 
pecuniary  interest  was  no  longer  identified  with  that  of 
the  southern  counties.  Quite  an  uproar  was  raised  in  the 
province  in  1749,  and  the  governor  in  his  address  to  the 
Assembly,  now  composed  exclusively  of  southern  members, 
sought  to  strengthen  them  in  their  position  and  prevent  them 
from  yielding  to  the  clamor  of  their  former  associates  of 

c.^r.,  iv,  ljie  Albemarle  section.  "Go  on,  therefore,  gentlemen,"  he 
said,  "and  continue  in  the  same  good  cause  you  have  begun. 


COLL    E    C    T    I    O   N 

OF 

All  the  P  U  B  L  I  C 

ACTS  OF  ASSEMBLY, 

OF 

The    PROVINCE    of 

NORTH-CAROLINA: 

Now  in  FORCE  and  USE. 


Together  with  the  TITLES  of  all  fuch  LAWS  at  are  Obfolete,  Ex* 
pir'd,  or  Repeal'd. 

And  alio,  an  exa<3  TABLE  of  the  Titles  of  the  ACTS  in  Force. 


Hetiiid  by  Comrtsfioners  appointed  by  an  AS  of  the  GENERAL  AS- 
SEMBLT  of  the  fa'J  Province,  for  that  Purpo/e^and  Examined  wtb  the 
Records,  and  Confirmed  in  full  Afemlly. 


W$Y¥W 


*y 


NBJTBERN:  Printed  by  Jamb*  Daw,  M,DCC£L 


Faoimii.k  Tulk  I'a<;e  ofthk  first  i-kin  iki>  Nori  ii  Carolina  Kevisal,  reduced 


JAMES  DAVIS,  PRINTER  273 

Nothing  adds  a  greater  lustre  to  virtuous  and  public-spirited  **» 

action  than  a  steady,  undaunted  perseverance.  Let  no  vain, 
clamorous  boasting,  no  monstrous  calumnies  and  forgeries, 
industriously  spread  among  ignorant  people,  no  petulant  and 
noisy  behavior  in  private  conversation,  the  constant  attendant 
of  a  bad  and  desperate  cause,  deter  or  dishearten  you."  But 
if  the  governor  was  firm,  so  were  the  leaders  of  the  Albe- 
marle people;  the  northern  counties  were  immovable;  still 
the  Assembly  continued  its  sessions  without  regard  to  the 
vacant  seats  in  the  hall,  and  session  after  session  it  passed 
acts  of  public  importance. 

Early  in  1749  it  appointed  an  agent  to  represent  the  Fjm 
province  at  London;  and  it  passed  an  act  to  encourage  mi 
James  Davis  to  set  up  a  printing  office  in  the  province,  ^joR-*  IV« 
and  accordingly  in  that  year  the  first  printing  press  was 
put  in  operation  in  North  Carolina,  and  after  that  the 
laws  were  printed  at  the  end  of  the  sessions  when  they 
were  passed  and  distributed  among  the  counties.     There  ^^lY* 
had  been  a  school  kept  at  Brunswick  in  1745,  and  now  the 
legislature  passed  an  act  to  establish  a  free  school,  of  which 
John  Starkey  was  the  author,  but  which,  however,  did  not 
become  effectual ;  and  it  also  established  new  counties,  and, 
indeed,  conducted  legislation  as  if  there  were  no  opposition 
to  their  enactments  within  the  province. 

Samuel  Swann  and  Edward  Moseley  had  been  appointed  j'Jj||£!f 
commissioners  to  revise  the  laws  of  the  province,  and  the 
revisal  having  been  made,  it  was  reported  to  the  Assembly 
on  April  14,  1749.  Subsequently  this  revisal  was  printed,  and 
was  known  from  its  sheepskin  binding  as  "Yellow  Jacket." 

It  was  in  1748  that  we  have  a  last  view  of  the  poor  Pala- 
tines as  a  distinct  body.  The  land  On  which  they  had  located 
was  originally  granted  to  De  Graffenried,  vyho  to  obtain 
needed  supplies  for  his  people  had  mortgaged  it  to  Colonel 
Pollock.  In  the  next  generation  the  mortgage  was  fore-  p*1***""* 
closed  and  the  Palatines  lost  their  homes.  On  their  petition 
to  the  king,  Governor  Johnston  was  directed  in  March,  1748, 
to  allot  to  them  an  equivalent  in  lands  elsewhere,  and  to 
exempt  them  from  any  rent  for  ten  years.  Two  years  later 
Governor  Johnston  gave  them  lands  in  what  are  now  Craven, 
Jones,  Onslow,  and  Duplin  counties,  where  their  descendants 


274  JOHNSTON'S  ADMINISTRATION,  1734-52 

'/so  are  still  to  be  found — many  of  their  names,  however,  having 

in  the  passage  of  time  been  anglicized,  as  has  also  been  the 
case  with  the  Germans  of  the  interior, 
wreck  of  About  two  .years  after  the  attack  on  Brunswick,  in  a  great 

fiS?"  storm  on  August  18,  1750,  five  vessels  of  the  Spanish  mer- 

cantile fleet  were  cast  ashore  on  the  coast ;  one  was  lost  at 
Currituck  Inlet,  one  was  sunk  at  Cape  Hatteras,  one  was 
beached  at  Ocracoke,  one  at  Drum  Head  Inlet  and  one 
near  Topsail.  The  cargoes  were  all  valuable,  that  of  the 
vessel  wrecked  at  Ocracoke  being  worth  a  million  dollars. 
Its  commander,  Don  Bonilla,  made  no  application  for  aid, 
but  for  some  weeks  was  carrying  on  futile  negotiations  with 
the  neighboring  bankers  for  small  vessels  to  carry  off  his 
cargo.  Eventually,  however,  Governor  Johnston  sent 
Colonel  Innes  there  to  give  security  and  protection  to  the 
shipwrecked  mariners  and  the  valuable  merchandise.  On 
arrival  he  found  that  the  Spanish  captain  had  loaded  his 
silver  on  two  small  sloops,  one  of  which  slipped  away,  carry- 
ing off  a  hundred  chests  of  silver,  but  the  other  Colonel 
Innes  was  able  to  secure,  and  eventually  the  property  was 
returned  to  its  owners. 

The  contest  between  the  counties 

It  was  long  before  the  Crown  officers  took  action  in  the 
matter  in  dispute  between  the  old  and  the  new  counties; 
but  eventually  they  directed  depositions  to  be  taken  touching 
the  facts  underlying  the  respective  contentions.  On  the 
part  of  the  governor  and  new  counties  it  was  asserted  that 
the  right  of  the  old  counties  to  five  representatives  was 
founded  on  the  biennial  act,  which  had  been  repealed  by 
c-  R;jiy,  the  king.  On  the  other  hand,  the  old  counties  traced  back 
the  privilege  to  the  Fundamental  Constitutions,  under  which 
Albemarle  was  divided  into  four  precincts,  each  allowed 
five  representatives ;  and  although  it  was  admitted  that  the 
Fundamental  Constitutions  had  long  ceased  to  be  operative, 
yet  it  was  claimed  that  rights  under  it  had  been  sanctioned 
by  usage.  Wyriott  Ormond  and  Thomas  Barker  were 
appointed  the  agents  to  manage  the  affair,  and  they  con- 
ducted it  with  great  skill,  while  all  the  other  leaders  and 


1152-1235 


THE  UNARMED  REBELLION  275 

public  men  of  the  northern  counties  zealously  co-operated  w 

with  them. 

Yet  the  southern  counties  were  also  active,  and  when  the 
Assembly  met  in  March,  1752,  holding  its  eleventh  session, 
there  were  high  hopes  that  these  differences  would  be 
speedily  determined  conformably  to  the  wishes  of  the 
governor.  These  expectations,  however,  were  not  realized, 
and  the  evil  conditions  continued  to  prevail.  How  evil  they 
were  may  be  gathered  from  the  testimony  of  Bishop  Spangen- 
berg.  "In  the  older  counties/'  wrote  the  bishop  from  Eden-  Cessation  of 
ton  in  September,  1752,  "there  is  perfect  anarchy.  As  a  c.r.,iv, 
result,  crimes  are  frequently  occurring,  such  as  murder  and 
robbery.  The  criminals  cannot  be  brought  to  justice.  The 
citizens  do  not  appear  as  jurors,  and  if  court  is  held  to  decide 
such  criminal  matters  no  one  is  present.  If  any  one  is  im- 
prisoned the  prison  is  broken  open  and  no  justice  is  admin- 
istered. In  short,  such  matters  are  decided  by  blows.  Still 
the  county  courts  are  held  regularly,  and  what  belongs  to 
their  jurisdiction  receives  the  customary  attention."  The 
condition,  however,  was  not  altogether  bad,  for  while  the 
people  would  not  recognize  the  new  courts  organized  under 
laws  passed  since  they  were  denied  representation,  yet  they 
maintained  in  full  vigor  the  old  county  courts  held  under 
the  long  established  laws  of  the  province.  Local  govern- 
ment was  thus  maintained  despite  the  unarmed  rebellion  and 
the  apparent  anarchy  and  confusion,  and  the  progress  and 
development  of  the  province  was  not  materially  interrupted. 

But  Governor  Johnston  did  not  live  to  see  the  end  of  the  JohnSon? 
controversy.  On  July  17,  1752,  death  terminated  his  long 
and  stormy  administration.  Save  the  era  of  good-will, 
ushered  in  by  the  passage  of  the  currency  act  of  1736,  which 
was  disallowed  by  the  king,  there  were  always  conten- 
tions that  disturbed  the  province  while  he  was  governor. 
Many  of  these  sprang  from  his  own  action.  Ardently  desir- 
ing to  promote  the  welfare  of  the  inhabitants,  he  was  anxious 
to  establish  a  permanent  capital,  to  have  the  laws  codified 
and  courts  provided  for,  while  the  payment  of  his  salary 
depended  on  the  collections  of  rents  and  the  preparation 
of  a  rent-roll.  In  seeking  to  accomplish  these  purposes  he 
resorted  to  management  and  methods  that  resulted  in  the 


ad  mi  nut  ra- 
tion 


276  JOHNSTON'S  ADMINISTRATION,  1734-52 

xJf*  unarmed  rebellion  and  the  great  confusion  that  prevailed 

in  the  northern  counties.  Still  he  left  the  province  much 
more  populous  than  when  he  arrived.  Precincts  were 
converted  into  counties,  court-houses  built,  the  southern 
boundary  in  part  established,  and  the  vexed  matter  of  rents 
and  the  currency  question  settled;  and  the  laws  were  codi- 
fied, a  better  court  system  inaugurated,  and  considerable 
advances  made  in  government. 

During  his  administration,  in  1748,  the  office  of  treasurer 
of  the  northern  counties  was  created,  and  Thomas  Barker 
was  appointed  to  it,  and  Edward  Moseley  was  appointed 
treasurer  of  the  southern  counties.  On  Moseley's  death, 
Eleazar  Allen  succeeded  him,  and  when  Allen  died,  in  1750, 
,a  controversy  arose  over  the  exclusive  right  of  the  lower 
house  to  designate  the  treasurers.  After  some  unavailing 
contention  the  upper  house  concurred  in  the  appointment  of 
John  Starkey.  By  an  act  of  1754  Barker  and  Starkey  were 
again  appointed,  but  whenever  a  new  appointment  was  to  be 
made  the  upper  house  asserted  a  right  to  participate  in  the 
election,  always,  however,  in  the  end  relinquishing  its  pre- 
tension and  concurring  in  the  appointment  made  by  the  lower 
house.  The  period  of  Johnston's  administration  is,  more- 
over, remarkable  for  the  rapid  settlement  of  the  western  part 
of  the  province. 

The  growth  of  the  west 
Population         While  Virginians  continued  to  cross  the  line  into  the  upper 

increases  °  *  * 

portions  of  Granville  County,  the  more  remote  interior  came 
to  be  occupied  by  an  influx  of  unexpected  settlers.  The  north 
of  Ireland  had  in  Charles  Fs  time  been  settled  by  Scotch 
Presbyterians,  who  were  now  removing  in  large  numbers 
to  the  New  World.  Some  came  to  Charleston,  and  pushed 
into  the  up-country  from  that  point,  but  still  greater  num- 
bers landed  at  Philadelphia,  and  having  made  some  settle- 
ments in  Pennsylvania,  turned  southward,  and  by  1739 
reached  the  Valley  of  Virginia.  Others  pressed  still  further 
to  the  south,  and  by  1745  made  settlements  in  that  well- 
watered  district  between  the  Catawba  and  the  Yadkin,  which 
has  been  called  a  veritable  Mesopotamia.  These  were  soon 
followed  by  another  stream  of  immigrants  known  as  the 


IMMIGRANTS  277 


Pennsylvania  Dutch — Germans  who  had  previously  located  *js* 

in  Pennsylvania.*  These  settlers  made  "the  great  wagon 
road  from  the  Yadkin  River  through  Virginia  to  Philadel-  Gcraans 
phia,  distant  four  hundred  and  thirty-five  miles,"  of  which  a  scotih-irith 
map  is  preserved  in  the  Library  of  Congress.  It  ran  "through  £.  R.,  iv, 
Lancaster  and  York  to  Winchester,  thence  up  the  Shenan- 
doah Valley,  crossing  the  Fluvanna  River  at  Looney's  Ferry ; 
thence  to  Staunton  River  and  down  the  river  through  the 
Blue  Ridge,  thence  southward  crossing  the  Dan  River  below 
the  mouth  of  Mayo,"  and  on  near  Salem  to  the  mouth 
of  Reedy  Creek.  Other  settlers  from  Virginia  and  the 
north  came  farther  east,  by  the  old  Red  House  in  Cas- 
well County,  and  then  followed  the  Indian  trail  across  the 
Haw  to  Trading  Ford,  near  Salisbury.  In  1746  Mat- 
thew Rowan  was  in  the  western  region,  and  estimated 
that  there  were  not  above  one  hundred  fighting  men 
in  the  entire  section  between  Virginia  and  South  Carolina. 
Seven  years  later  he  thought  that  there  were  then  thirty 
times  as  many,  and  said  their  numbers  were  increasing  c.  r..  v,  »4 
daily.  These  immigrants,  coming  in  bodies,  settled  in 
neighborhoods  to  themselves,  forming  respectively  German 
and  Irish  communities,  scattered  here  and  there  throughout 
the  wilderness,  and  maintaining  their  customs  and  manners 
as  well  as  speech  and  characteristics,  and  largely  transmitting 
them  to  their  posterity. 

Similarly,   Quakers   from  Virginia  and   Pennsylvania  in  Weeks'* 
1750,  or  earlier,  located  at  Cane  Creek  and  at  New  Garden;   Q^ake™ 
and  from  time  to  time  their  numbers  were  increased  by  ac-  ^,-105™^' 
cessions    until  the  Society  of  Friends  gave  a  particular  cast 
to  the  inhabitants  of  that  section. 

The  territory  north  of  Granville's  line  being  withdrawn  Orange 
from  the  king's  domain,  and  about  sixteen  hundred  square  x7°5"my 
miles  between  the  Catawba  and  the  Uwharrie  having  been  set 
aside  for  McCulloh,  and  the  line  dividing  the  province  from 
South  Carolina  not  having  been  run  beyond  the  Peedee,  the 

♦Pennsylvania  was  dominated  by  the  Quakers,  who  lived  chiefly 
in  the  eastern  part  of  that  province,  and  would  make  no  prepara- 
tions for  defence  against  the  Indians.  When  the  Indians  became 
hostile,  through  the  influence  of  the  French,  the  settlers  on  the 
frontier,  getting  no  protection  from  the  Quaker  government,  sought 
more  secure  homes  in  western  Carolina. 


278 


JOHNSTON'S  ADMINISTRATION,  1734-52 


175a 


C.  R.,  IV, 
1348 


Explora- 
tions by 
Spangen- 
b*1^  «75a 


C.  R..  IV, 
ijia  //  seq. 


Owen 


administrative  officers  paid  but  slight  attention  to  these 
interior  settlements  that  were  growing  so  rapidly,  almost 
without  their  knowledge  and  entirely  independently  of  their 
influence.  Still  the  extension  of  population  westward  from 
the  seacoast  counties  was  realized,  and  by  1752  the  upper 
parts  of  Bladen,  Johnston,  and  Granville  becoming  well  popu- 
lated, a  new  county,  called  Orange,  was  erected,  beginning 
at  the  Virginia  line,  near  Hyco  Creek,  running  south  to 
where  Granville's  line  crosses  the  Cape  Fear,  and  then  west 
with  Granville's  line  to  the  Anson  line,  and  with  the  Anson 
line  north  to  Virginia. 

In  the  fall  and  winter  of  that  year,  1752,  Bishop  Spangen- 
berg  made  an  extensive  journey  throughout  the  western 
region  to  locate  one  hundred  thousand  acres  of  land  pur- 
chased from  Lord  Granville  for  the  Moravians.  Setting  out 
from  Edenton  in  September,  on  November  12th  he  camped 
on  the  Catawba  near  what  he  called  the  "Indian  Pass."  The 
nearest  settlement  was  that  of  Jonathan  Weiss,  or  Perrot,  a 
hunter,  twenty  miles  distant.  He  found  many  hunters  about 
there  who  lived  like  Indians,  and  whose  purpose  was  to 
secure  skins  and  furs  for  sale.  A  week  later  the  bishop  was 
near  Quaker  Meadows,  about  two  miles  from  the  site  of  the 
present  town  of  Morganton.  Here  he  thought  himself  fifty 
miles  beyond  the  settlements.  The  whole  woods  were  full 
of  Cherokee  Indians  pursuing  game.  Higher  up  the  Middle 
Little  River  he  found  the  remains  of  an  Indian  fort,  where 
apparently  the  Indians  had  lived  some  fifty  years  earlier,  and 
other  indications  of  Indians  having  inhabited  that  region 
were  met  with  later.  It  was  in  that  vicinity  that  Lederer 
stopped  in  his  explorations,  1670,  and  Dr.  Brickell  found 
Indians  there  in  1731. 

Entering  the  mountains  by  mistake,  on  December  3d  the 
bishop  reached  a  branch  of  New  River  at  an  old  Indian  field, 
and  followed  that  river  to  within  fifteen  miles  of  the  Virginia 
line.  Then  turning  southward,  he  reached  the  head  waters 
of  the  Yadkin,  and  coursing  clown  a  very  rapid  stream, 
eventually  got  out  of  the  Blue  Ridge  Mountains  and  returned 
to  the  Yadkin,  where  he  found  a  Welshman,  Owen,  who  had 
settled  on  that  stream  the  preceding  spring.  This  was  four 
miles  above  an  old  Indian  settlement,  known  as  Mulberry 


THE  MORAVIANS  279 


Fields,  not  far  from  Wilkesboro.     But  except  Owen's,  the  w 

bishop  understood  there  was  no  other  habitation  within  sixty 
miles.  Later  the  Moravians  found  seventy-three  thousand 
acres  in  one  body,  one  hundred  and  fifty  miles  from  a  land- 
ing on  the  Cape  Fear  and  three  hundred  and  fifty  miles  from 
Edenton,  and  there  they  made  their  settlement. 


CHAPTER  XX 

Dobbs's  Administration — 1754-65 

Dobbs's  visit  to  Point  Lookout.— President  Rowan. — County  of 
Rowan. — Old  style  abolished. — The  French  claim. — Christopher  Gist 
— The  French  invasion. — Innes's  regiment. — Innes  commander-in- 
chief. — Decision  of  vexed  questions. — Dobbs  appointed  governor. — 
Instructions  to  Governor  Dobbs. — The  constitution  reformed. — 
Dobbs  reaches  New  Bern. — The  growth  of  the  province. — The  Indian 
inhabitants. — The  Croatans. — The  old  counties  elect  their  five  mem- 
bers.— The  new  Assembly. — Tower  Hill. — The  French  and  Indian 
War. — The  frontier  settlements. — Fort  Dobbs. — The  first  news- 
paper.— North  Carolina  troops  in  the  war. — Major  Hugh  Waddell. 
— Fort  Duquesne  taken. — McCulloh's  grant. — Internal  matters. — 
Dobbs  County. — The  governor  arbitrary. — The  king's  bounty. — 
Causes  of  difference. — The  house  outwitted. — The  Enfield  riots. — 
The  Assembly  protests. — The  governor  not  sustained. — The  court  law 
annulled. — No  courts  held. — A  new  Assembly. — The  Assembly  reso- 
lute.— The  secret  session. — The  governor  makes  terms. — Courts  re- 
established.— The  Cherokee  war. — The  western  counties  desolated. — 
Fort  Dobbs  attacked. — Bethabara  threatened. — Walnut  Cove  sur- 
rounded.— Conditions  more  peaceful. — King  George  III. — Some 
differences  reconciled. — At  the  end  of  the  war. — The  council  declares 
its  patriotism. — Population. — The  Indians. — Abortive  efforts  for  free 
schools. — The  courts. — Religious  conditions. — Republicanism  rife. — 
British  views  with  reference  to  America. — The  right  to  tax  claimed. 
— The  Assembly  of  1764. — The  Weekly  Post  Boy  at  Wilmington. — 
Tryon  appointed  to  relieve  Dobbs. — The  public  agitated. — The  firm 
stand  of  the  Assembly. — Claims  exclusive  privilege  of  imposing  taxes. 
— The  Assembly  concurs  with  Massachusetts. 

Extracts  from  Governor  Dobbs  to  the  Board  of  Trade 

DOBBS'S  VISIT  TO  POINT  LOOKOUT 

I  set  out  from  New  Bern  April  9,  1755,  to  view  the  River  Neuse, 
and  proceeded  up  it  near  one  hundred  miles  to  the  falls  to  see 
what  proper  situations  were  upon  that  river  for  the  seat  of  govern- 
ment, as  being  the  most  central  and  convenient  for  the  whole 
province.  The  most  convenient  place  is  at  Stringer's  Ferry,  on  the 
north  side  of  the  river,  about  four  hundred  yards  from  it,  upon  a 
gentle  rising  ground  near  forty  feet  higher  than  the  river.  It  is 
about  forty-two  miles  by  land  from  New  Bern  to  it. 

I  arrived  here  [Portsmouth  Harbor]  last  night  from  Edenton 
by  water  in  a  sloop.    We  passed  through  Albemarle  Sound,  Roanoke 


DOBBS  VISITS  POINT  LOOKOUT  281 

or  Croatan,  and  Pamlico  Sounds,  and  so  over  the  swash  to  Occa-  «75S 

cock  Island;  and  from  thence  to  this  road  near  Core  Banks,  where 

I  summoned  the  commissioners  to  meet  me  to  fix  upon  a  place  to 

erect  a  fort  or  battery  to  protect  the  ships  in  the  harbor,  out  of 

which  they  were  taken  by  privateers  last  war.     The  storms,  they 

tell  me,  for  some  years  past  have  made  vast  havoc  among  these  sandy 

islands.    The  opening  of  Occacock  Inlet,  betwixt  this  and  that  inlet, 

is  enlarged  from  two  to  four  miles.     Beacon  Island,  which  lays 

betwixt  them,  within  the  entrance,  is  one-half  washed  away,  and 

become  only  a  dry  sand  at  low  water.   ...  A  town  is  laid  out 

called  Portsmouth,  where  the  merchants  propose  to  erect  warehouses 

to  lodge  their  goods  in  and  load  all  their  goods  in  large  ships  here 

by  lighters  from  the  several  towns  of  Edenton,  Bathtown  and  New 

Bern.     The  company  sailed  hence  to  Virginia  about  three  weeks 

ago.    We  hope  they  are  now  near  their  rendezvous.    I  proceed  from 

this  to  view  the  harbor  at  Cape  Lookout  and  Topsail  Inlet.   .   .    . 

Of  Cape  Lookout,  he  says,  I  have  gone  up  in  a  canoe  within  Core 

Sound,  and  no  vessel  being  in  the  harbor,  I  had  no  boat  to  sound  it ; 

but  all  agreed  to  the  depth  laid  down,  and  that  the  French  and 

Spanish  privateers  had  known   it  of  late  years,  brought  in  their 

prizes  there,  wooded,  watered  and  heaved  down  their  vessels,  and 

sent  ashore  and  killed  the  cattle  and  furnished  themselves  with  fresh 

provisions  and  excellent  fish.  .    .    .   This  I  fixed  upon  as  the  only 

proper  place  to  build  a  fort  upon,  but  as  this  harbor  is  the  best, 

although  small,  of  any  harbor  from  Boston  to  Georgia,  and  may  be 

of  the  utmost  consequence  to  the  trade  and  navigation  of  England, 

where  all  our  cruisers  can  ride  in  safety,  as  in  a  mill  pond,  and 

warp  out  at  any  time  in  an  hour;  where  they  can  wood,  water  and 

clean,  and  be  at  sea  in  a  few  hours;  where  the  whale  fishers  of  the 

northward  have  a  considerable  fishery  from  Christmas  to  April,  when 

the  whales  return  to  the  northward;  and  where  our  trading  ships 

may   have   always   a    safe   harbor   upon   easterly   storms;   and   the 

whole  bay  without,  a  safe  road  against  all  but  southwesterly  winds, 

when  they  can  run  into  the  harbor;  and  since  in  time  of  war  it  has 

been  and  will  be  a  place  of  safety  for  French  and  Spanish  privateers, 

to  infest  the  whole  coast,  I  think  it  should  be  made  a  station  for  our 

guardships  or  cruisers. 

Rowan's  administration 

On  the  death  of  Governor  Johnston,  Nathaniel  Rice,*  who 
was  the  ranking  councillor,  took  the  oaths  of  office  as  presi- 

♦Rice  was  secretary  of  the  province,  and  Henry  McCulloh  was 
appointed  to  succeed  him  in  that  office. 


282  DO  BBS'S  ADMINISTRATION,  1754-65 

^jw  dent,  but  he  himself  did  not  long  survive  his  accession  to  this 

dignity.     He  expired  in  the  following  January,   Matthew 

c.  rm  v,  38  Rowan  succeeding  him  in  the  administration.  Rowan  was 
one  of  Burrington's  councillors,  and  had  for  twenty  years 
been  of  the  council  and  was  highly  esteemed  in  the  province. 
The  old  Assembly,  which  had  now  dwindled  away  to  about 
sixteen  members,  continued  to  meet,  one  session  being  held 
in  the  spring  of  1753,  when,  among  other  acts,  it  passed  one 
recognizing  the  large  immigration  to  the  western  section, 

c^Tnty         establishing  the  county  of  Rowan,  composed  of  that  part  of 

'    "'  Anson  which  lay  north  of  Granville's  line.    This  Assembly 

held  its  first  session  in  February,  1747;  but  at  that  time  the 

year  began  on  March  25th,  so  that  the  record  in  its  journal 

states  that  it  was  begun  in  February,  1746.     By  a  British 

New  style  statute  passed  in  1750  "the  old  style"  was  abolished,  and  the 
year  thereafter  was  to  commence  on  January  1st;  and  two 
years  later  eleven  days,  being  those  from  September  3d  to 
the  13th,  inclusive,  were  omitted  from  the  reckoning  in  order 
to  readjust  and  reform  the  calendar.* 

The  French  invasion 

Hardly  had  President  Rowan  been  qualified  before  matters 
of  great  importance  claimed  his  attention.  In  view  of  prob- 
able encroachments  by  the  French  in  the  interior,  the  king 
had  directed  the  governors  of  the  American  colonies  to  be 
prepared  for  such  an  emergency.  In  possession  of  Louisiana 
and  of  Canada,  the  French  claimed  the  whole  intervening 
territory,  and  upon  their  first  movement  toward  taking  pos- 
session along  the  western  slope  of  the  Alleghanies,  the  Ohio 
Company  in  1750  sent  to  North  Carolina  for  Christopher 
Gist,  then  at  his  home  on  the  banks  of  the  Yadkin,  where  it 
approaches  the  Virginia  line,  and  employed  him  to  visit  the 
Ohio  region  and  make  friends  of  the  Indians.  Crossing  the 
mountains  on  the  head  waters  of  the  Potomac,  he  went  far 
into  the  Indian  country,  breaking  the  hold  of  the  French 
upon  the  tribes  there,  and  the  next  year  he  went  again  to  the 
same  region   and   established   the  first  English   settlement 

*Thc  shortest  day  in  the  year  had  fallen  on  December  10th ;  now 
by  this  rectification  of  the  calendar  it  became  December  21st. 
March  25th  was,  centuries  earlier,  the  date  of  the  vernal  equinox, 
and  hence  was  originally  made  the  beginning  of  the  new  year. 


GIST  VISITS  THE  OHIO  283 

across  the  mountains.     Governor  Dinwiddie  now  proposed  252 

an  embassy  to  the  lakes,  and  a  party  was  formed  consisting 
of  George  Washington,  an  interpreter,  two  Indian  guides, 
and  Gist.  On  the  return,  Washington,  taking  Gist  as  his  sole 
companion,  separated  himself  from  the  others  and  success- 
fully completed  the  journey  that  made  him  famous,  even  at 
that  early  age.  But  the  French  were  not  to  be  deterred  from  c.  r.,  v,  39* 
their  purpose,  and  speedily  invaded  western  Virginia.  To 
meet  them,  Governor  Dinwiddie  proceeded  to  organize  an 
army,  and  North  Carolina  was  called  on  to  assist.  In  March 
the  Assembly  voted  an  aid  to  the  king  of  £40,000,  of  which 
£12,000  was  for  the  purpose  of  organizing  a  regiment  of 
seven  hundred  and  fifty  men  for  service  in  Virginia ;  several 
thousand  for  the  construction  of  forts,  and  £6,000  for 
Starkey's  public  school ;  and  under  this  act  £22,000  of  paper 
money  was  struck  off.  At  the  moment  it  was  thought  that 
Virginia  would  provide  the  supplies  for  these  troops,  but  that 
province  would  not  furnish  the  needed  provisions,  so  in  view 
of  the  larger  expense  than  was  at  first  contemplated  the 
number  of  men  to  be  enrolled  was  reduced  to  two  hundred 
and  fifty.  President  Rowan  appointed  Innes  to  the  command  JJUJint 
of  the  regiment ;  and  the  other  officers  were  Caleb  Granger,  ,754 
lieutenant-colonel;  Robert  Rowan,  major;  and  captains 
Thomas  Arbuthnot,  Edward  Vail,  Alexander  Woodrow, 
Hugh  Waddell,  Thomas  McManus,  and  Moses  John  DeRos- 
set.  At  that  early  period  North  Carolina  learned  the  lesson 
that  war  is  largely  a  question  of  finance.  The  northern 
counties  would  not  circulate  the  new  currency,  as  they  did 
not  recognize  the  legality  of  the  Assembly,  nor  would  they 
pay  the  taxes  laid  to  meet  these  bills.  This  currency  would  CR-V>3«3 
not,  therefore,  pass  in  Virginia ;  so  without  specie,  and  our 
currency  being  at  a  great  discount  abroad,  in  order  to  supply 
these  troops  the  Carolinians  drove  beef  cattle  and  hogs  to 
Virginia,  where  they  had  to  be  sold  at  a  sacrifice. 

Governor  Dinwiddie,  knowing  the  capabilities  of  Colonel  ?,;£;• v,ws 
Innes,  on  June  3d  tendered  him  the  appointment  of  com-  |:°™j"-5,d*r" 
mander-in-chief  of  all  the  forces  to  be  employed  against  the 
French.    At  that  time  Colonel  Innes  was  in  North  Carolina 
superintending  the  departure  of  his  regiment,  but  he  hastened 
to  the  front,  and  two  days  after  the  Great  Meadows  disaster 


284 


DO  BBS'S  ADMINISTRATION,  1754-65 


C.  R.,  V, 
'30-133 


reached  Winchester,  and  hurrying  on  to  Wills  Creek,  took 
formal  command.  After  that  reverse  it  appeared  to  Gov- 
ernor Dinwiddie  that  the  available  force  was  not  sufficient 
to  attack  the  French,  who  had  fifteen  hundred  men,  while 
Innes  had  but  seven  hundred  and  fifty ;  and  because  it  was 
not  thought  well  to  advance  for  the  want  of  provisions, 
Governor  Dinwiddie  suggested  that  the  troops  be  scattered, 
some  being  sent  to  Alexandria  and  some  stationed  at  Win- 
chester. The  supplies  for  the  North  Carolina  troops  becom- 
ing exhausted,  and  Virginia  being  unwilling  to  furnish  any, 
on  August  nth,  at  Winchester,  the  North  Carolina  regiment 
was  disbanded  and  sent  home,  leaving  for  defence  only  about 
one  hundred  and  fifty  troops,  which  Virginia  had  at  the  front. 
Colonel  Innes  remained  in  command  until  October,  1754, 
when  he  was  superseded  by  Governor  Sharpe,  of  Maryland, 
who  had  been  particularly  designated  by  the  king  to  be  the 
commander-in-chief;  but  although  superseded,  Innes  con- 
tinued in  service  as  camp  master  general,  completed  the  con- 
struction of  Fort  Cumberland,  made  treaties  with  the  Indians, 
and  organized  the  forces. 

While  these  matters  were  in  progress  North  Carolina 
affairs  had  received  attention  in  London.  Upon  being  in- 
formed of  the  death  of  Governor  Johnston,  the  king,  on 
January  25,  1753,  appointed  Arthur  Dobbs  to  succeed  him.     -. 

Governor  Dobbs  had  apparently  been  interested  in  North 
Carolina  matters  as  early  as  1733,  and  in  1735  had  a  grant  of 
twelve  thousand  five  hundred  acres  on  Deep  River  and  one 
for  sixty  thousand  acres  on  Black  River,  in  New  Hanover 
Precinct.  He  also  had  a  grant  for  a  large  territory  between 
Salisbury  and  the  Catawba  Indians,  and  on  these  tracts  in 
1757  there  were  some  seven  hundred  inhabitants.  His  inter- 
est in  North  Carolina  was  so  active  that  in  1749  he  had 
co-operated  in  the  movement  to  have  Johnston  removed. 

Following  his  appointment,  the  Board  of  Trade  being 
directed  to  prepare  instructions,  were  confronted  with  the 
various  undecided  questions  relating  to  the  province  that 
had  been  so  long  before  them,  and  which  they  now  took  steps 
to  have  determined. 

The  whole  constitution  and  all  the  laws  of  the  province 
were  at  their  instance  subjected  to  a  very  close  examination. 


Decision  of 
the  vexed 
question 


C  R.,  IV, 
73 


C  R.,V.  8t, 
108,  1 1 3- 1 16 


l.  st.  Paul's  Church,  Edentow 

S.  ARTHUR  DOBBS  8.  HUGH  WADDELL 

4.  COURT  HOUSE,  EDENTON 


OPINIONS  OF  LAW  OFFICERS  285 

The  law  officers  thought  that  the  usage  which  had  prevailed,  jwj 

by  which  the  old  counties  had  five  representatives,  was  not 
shown  to  be  illegal ;  but  they  considered  that  fifteen  might 
properly  be  a  quorum  of  the  Assembly.  In  their  opinion  the  c.  r.,  v,  bi, 
king's  prerogative  extended  to  the  establishment  of  counties  *  '  ,,3~"6 
and  the  incorporation  of  towns,  and  fixing  their  right  of 
representation,  and  they  held  that  those  matters  were  not 
within  the  cognizance  of  the  legislature. 

Since  fifteen  was  held  a  quorum,  the  Assembly  of  1747, 
which  was  still  in  existence,  was  a  legal  body,  and  all  its 
acts  were  valid  until  repealed.  But  the  act  depriving  the 
northern  counties  of  their  five  members,  it  was  considered, 
had  been  passed  by  management,  precipitation  and  surprise, 
and  that,  together  with  the  act  fixing  the  seat  of  government 
and  establishing  the  circuit  court  was  for  that  reason  declared  {j^Jj^JJJ 
inoperative.  In  conformity  with  the  recommendation  of  the  S°!jb,v 
law  officers,  instructions  to  Governor  Dobbs  were  drawn,  di-  hV 
recting  the  repeal  of  all  laws  establishing  counties,  and  order- 
ing him  to  issue  charters  for  counties  and  for  towns  and  to 
fix  their  representation  in  the  Assembly ;  and  also  to  repeal 
all  laws  establishing  places  for  holding  the  courts  and  for  a 
seat  of  government.  Likewise  the  acts  relating  to  quit  rents 
were  repealed,  and  the  rents  were  again  declared  to  be  pay- 
able only  in  money ;  and  also  many  other  laws  that  had  long 
been  in  use  in  the  province  were  now  annulled  by  the  king. 
Indeed,  the  whole  constitution  was  reformed  and  the 
Assembly  was  shorn  of  many  of  the  powers  it  had  exercised. 
Still,  the  exclusive  right  to  levy  taxes  remained  to  that  body, 
and  the  power  now  claimed  by  the  Crown  to  fix  the  seat 
of  government  and  establish  courts  could  avail  but  little  if 
the  Assembly  would  not  provide  the  means  to  make  it  effec- 
tive. Since  the  acts  establishing  counties  and  allowing  repre- 
sentation were  annulled  and  no  longer  in  force,  the  governor 
was  directed  to  issue  his  writ  for  the  election  of  an  Assembly 
to  consist  of  sixty  members,  each  county  having  the  par- 
ticular representation  which  the  Crown  had  fixed  and  allowed 
it,  being,  however,  exactly  the  same  as  before  the  act  of  1747, 
except  that  some  counties  and  towns  were  overlooked  and 
inadvertently  omitted. 

About  the  end  of  July,  1754,  Governor  Dobbs  sailed  from 


286  DOBBS'S  ADMINISTRATION,  1754-65 

yy  England,  and  reached  Virginia  after  a  voyage  of  ten  weeks. 

For  more  than  a  month  he  was  engaged  in  arranging  with 
Governor  Dinwiddie  and  Governor  Sharpe  of  Maryland  the 
details  of  a  plan  of  campaign  against  the  French,  and  he 
reached  New  Bern  only  at  the  close  of  October.  Immedi- 
ately on  arriving  he  proceeded  to  make  himself  acquainted 
with  the  affairs  of  the  province,  and  called  for  a  militia 

HoRiiiadon6x  return-  As  indicating  the  extension  of  population  at  that 
time,  Bertie  reported  720  men  for  military  duty ;  Northamp- 
ton, 737  men,  which  was  thought  to  be  200  short;  Edge- 
combe, 1317;  Granville,  734;  Orange,  490;  Anson,  790;  and 
Rowan,  996.  At  Wilmington,  Governor  Dobbs  found 
seventy  families  and  at  Brunswick  twenty.  There  were  six- 
teen vessels  in  the  Cape  Fear  River,  while  it  was  estimated 

c.  r.,v,i58  that  one  hundred  came  in  annually.  Eighteen  feet  of  water 
was  reported  at  the  bar.  At  Wilmington  a  good  town  house 
had  been  built,  and  a  brick  church  stood  ready  for  the  roof ; 
while  at  Brunswick  the  church,  also  of  brick,  was  not  quite 
so  far  advanced.  Forts  had  been  begun  below  Brunswick, 
at  Ocracoke  and  at  Beaufort. 

hihlbhami        ^e  In(^an  war  being  in  progress,*  particular  inquiries 

c.R.,v,       Were  made  as  to  the  location  of  Indians  in  North  Carolina. 

1  1'3"  In  Bertie  County  there  were  reported  a  hundred  warriors 
of  the  Tuscaroras  and  two  hundred  women  and  children. 
In  Chowan,  two  men  and  three  women  and  two  children.  In 
Granville  County  there  were  the  Saponas,  with  fourteen  men 
and  fourteen  women.  The  Meherrins  had  seven  or  eight 
fighting  men  in  Northampton.  The  report  concludes :  "These 
are  all  the  Indians  except  about  eight  or  ten  Mattamuskeet 
Indians,  and  as  many  on  the  islands  or  banks,  a  total  of 
twenty/'  The  reports  of  the  colonel  of  Bladen  County  and 
of  Captain  William  Davis,  who  had  a  troop  of  light  horse,both 
said  "no  Indians"  in  that  county.  Colonel  Rutherford  of  that 
county,  who  was  also  the  receiver-general,  added  this  mem- 
orandum :  "Drowning  Creek,  on  the  head  of  Little  Peedee, 
fifty  families,  a  mixed  crew,  a  lawless  people,  possess  the 

♦At  the  first  session  of  the  general  court  for  the  southern  counties, 
including  Rowan,  after  the  arrival  of  Governor  Dobbs.  the  grand 
jury,  in  an  address  to  him.  stated  that  seventeen  persons  had  been 
murdered  and  ten  carried  off  by  the  Indian  enemy. 


REPORTS  ON  INDIAN  INHABITANTS  287 

lands  without  patent  or  paying  quit  rents ;  shot  a  surveyor  for  yff 

coming  to  view  vacant  lands,  being  enclosed  in  great  swamps. 
Quakers  to  attend  musters  or  pay  as  in  the  northern 
counties."  These  reports  show  that  there  were  no  Indians  Jrottani 
there,  but  that  some  fifty  families  of  mixed  blood  had  settled 
themselves  on  Drowning  Creek.  These  doubtless  were  the 
same  people  who  in  more  recent  times  have  been  called  Croa- 
tan  Indians.  Their  origin  is  obscure,  but  probably  they  came 
up  from  South  Carolina — "a  mixed  crew."  Quakers  had 
settled  at  Carver's  Creek  as  early  as  1740. 

Governor  Dobbs  on  his  arrival  issued  a  proclamation  dis-  The 
solving  the  Assembly  of  1747,  and  calling  for  the  election  JSJSJ-JJ* 
of  new  members.    His  writs  were  directed  to  all  the  counties  ""^mm 
conformably  to  his  instructions,  and  five  members  were  once 
more  returned  from  the  northern  counties.     Thus  the  end 
had  come  of  the  "Long  Assembly,"  and  the  northern  counties 
rejoiced  in  their  right  to  send  five  representatives,  while  the 
new  counties  had  but  two. 

When  the  new  Assembly  convened,  in  December,  1754,  the  c.r.,v,im 
animosities  that  had  so  long  existed  between  the  sections 
had  not  subsided,  and  for  speaker  there  was  a  tie  vote,  the 
candidates  being  Sam  Swann,  the  speaker  of  the  last 
Assembly,  and  John  Campbell,  who  respectively  represented 
the  warring  factions.  Some  of  the  northern  members  had  J-*1^11 
not  then  come  in,  while  Swann  had  no  hope  of  any  consider- 
able accessions  to  his  supporters,  and  so,  realizing  his  defeat, 
he  withdrew  from  the  contest  and  Campbell  was  unanimously 
chosen.  In  their  reply  to  the  governor's  address  the  Assembly 
said:  "We  shall  endeavor  to  obliterate  the  remembrance 
of  our  former  contests  and  the  ill  consequences  that 
attended  them ;"  and  in  an  address  to  his  Majesty  they  re- 
turned their  sincere  thanks  that  he  had  been  pleased  "to 
examine  the  constitution  of  the  province  and  to  repeal  several 
laws  repugnant  thereto,  whereby  the  people,  by  your 
Majesty's  favor,  are  restored  to  their  ancient  rights  and  priv- 
ileges, and  the  contests  which  subsisted  among  us  are  happily 
terminated." 

After  Governor  Burrington's  time  the  governors  had  kept  f;3f *;4£as4 
their  instructions  private,  except  such  as  were  particularly 
intended  to  be  made  public.    Governor  Dobbs  now  laid  before 


288  DO  BBS'S  ADMINISTRATION,  1754-65 

*J*  the  Assembly  his  instructions  claiming  for  the  king  the  right 

to  select  a  place  for  the  seat  of  government  and  to  designate 
the  places  at  which  courts  should  be  held.  Although  this 
was  in  derogation  of  the  long-established  power  of  the  legis- 
lature, the  Assembly  without  making  any  point  of  it  con- 
formed its  action  to  the  king's  command,  and  when  consider- 
ing a  bill  establishing  supreme  courts  of  justice,  requested 
the  governor  to  designate  the  several  places  where  he  would 

court  law  appoint  the  courts  to  be  held.  The  governor  designated 
New  Bern  and  Edenton  for  the  counties  near  those  towns ; 
Enfield  for  Northampton,  Edgecombe  and  Granville;  Salis- 
bury for  Rowan,  Orange  and  Anson,  and  Wilmington  for  the 
Cape  Fear  counties.     Thus  a  new  court  law  was  passed 

in  1754. 

In  regard  to  the  repeal  of  the  acts  establishing  counties, 
the  Assembly  requested  the  governor  to  solicit  the  king  not 
countie* and  to  repeal  them  because  of  the  many  inconveniences  that 
estabUshed     would  ensue,  and  further,  that  he  would  allow  the  Assembly 
to  continue  to  establish  new  counties,  reserving  to  the  king 
the  power  of  granting  charters  to  towns,  establishing  fairs 
and  appointing  places  for  holding  courts  of  justice.    Agree- 
ably to  this  request,  the  governor  recommended  to  the  Board 
of  Trade  that  the  desire  of  the  Assembly  should  be  complied 
with,  and  in  June,  1755,  additional  instructions  were  given, 
c.R.,vf4o6  allowing   the   Assembly   to   re-enact   all    laws   establishing 
counties  and  towns,  provided  that  they  should  contain  no 
clause  allowing  representation,  as  that  was  to  be  the  exclusive 
right  of  the  king. 
c.r.,v,  For  the  seat  of  government  the  governor  selected  a  site 

?r4o«rerHin  at  Tower  Hill,  near  Stringer's  Ferry,  on  the  Neuse,  but  he 
cap!toi°r  had  been  instructed  not  to  definitely  locate  it  except  after 
consultation  with  the  Assembly.  In  1756  he  brought  that 
site  to  the  attention  of  the  legislature,  and  a  committee  was 
appointed  to  examine  and  report  upon  it,  which  they  did 
favorably. 

Governor  Dobbs  also  communicated  to  the  Assembly  a 
proposition  from  George  Vaughan,  of  Lisbon,  -Ireland,  who 
had  called  his  nephew,  John  Sampson,  home  from 
Duplin  County  and  arranged  the  details  of  a  plan  to  trans- 
port immigrants  to  that  county,  and  had  purchased  a  ship 


FRENCH  AND  INDIAN  WAR  289 

for  that  purpose,  and  also  to  engage  in  trade,  with  a  view  XJ& 

of  creating  a  fund  for  the  establishment  of  a  seminary,  with 
the  expectation  that  the  Assembly  would  lay  a  tax  on  all  the 
negroes  in  the  province  to  increase  it ;  but  the  Assembly  did 
not  act  upon  the  subject  of  the  seminary.  On  the  contrary, 
the  £6,000  then  in  hand  to  establish  a  public  school  was 
diverted  for  purposes  of  defence. 

The  war  had  been  conducted  with  but  ill  success,  and  now  a  ^Jnl^K11 
company  of  one  hundred  men  was  raised  to  serve  at  the  war 
north  for  a  year  and  ten  months,  and  fifty  men  were  enlisted 
to  defend  the  western  part  of  the  province.  Of  the  former, 
the  governor's  son,  Edward  Brice  Dobbs,  an  officer  of  the 
British  army  who  had  accompanied  his  father,  was  appointed 
the  captain,  and  that  company  joined  the  army  in  Virginia, 
then  under  the  command  of  General  Braddock.  General  *ws 
Braddock  was  sent  from  England  with  several  British  regi- 
ments and  was  invested  with  supreme  command  of  military 
affairs  in  the  colonies.  He  led  his  forces  into  the  mountains 
near  Fort  Duquesne,  where  on  July  9th  he  suffered  a  terrible 
defeat,  himself  being  killed.  Captain  Dobbs's  company  was 
fortunately  not  in  this  disastrous  engagement,  being  with 
Colonel  Dunbar,  at  that  time  scouting  in  the  woods.  After 
this  defeat,  Colonel  Dunbar,  who  succeeded  to  the  command, 
precipitately  withdrew  to  Philadelphia,  leaving  Colonel  Innes 
in  command  at  Wills  Creek,  and  the  North  Carolina  com- 
pany remained  there  with  him  on  the  frontier.  However, 
during  the  summer  Colonel  Innes,  being  very  much  dissatis- 
fied with  his  situation  and  the  management  of  affairs,  re- 
signed and  returned  home. 

On  our  own  western  frontier  some  of  the  Indians  had  ™Jder 
become  hostile,  in  one  settlement  having  slain  some  fifteen 
persons  and  carried  off  captive  about  an  equal  number.  They 
ranged  at  will  through  the  frontier  settlements  and  caused 
much  apprehension  in  the  western  districts.  To  arrest  them, 
Captain  Waddell,  with  a  company  of  frontiersmen,  scouted 
along  the  mountains. 

In  the  summer  of  that  year,  1755,  Governor  Dobbs  visited 
the  western  part  of  the  province,  passing  through  Salisbury, 
which  then  consisted  of  seven  or  eight  log  houses  and  the 
court-house.    He  viewed  his  extensive  tract  of  land  in  that 


290 


DOBBS S  ADMINISTRATION,  1754-65 


»755 


C.R..V, 
957 


Ituraviara 


C.  R.,  V, 
1148 


Clewcll. 
Hi*t.  of 
Wachovia 


Week»,Pren 

of  North 
Carolina  in 
Eighteenth 
Century,  16 


vicinity,  lying  on  Rocky  River  and  its  branches,  which  had 
been  patented  in  1746,  and  he  found  seventy-five  families 
located  on  it.  He  visited  between  thirty  and  forty  of  them, 
each  having  from  five  to  ten  children,  who  went  barefooted 
and  with  a  single  garment  in  warm  weather ;  while  no  woman 
wore  more  than  two  thin  garments.  They  were  Scotch-Irish 
Presbyterians,  who  had  settled  together  in  order  to  have  a 
teacher  of  their  own  opinions  and  choice.  Besides,  there 
were  twenty-two  families  of  Germans  or  Swiss,  all  industri- 
ous. They  raised  horses,  cows,  hogs  and  sheep ;  Indian  corn, 
wheat,  barley,  rye  and  oats ;  made  good  butter  and  tolerable 
cheese,  and  had  made  good  success  with  indigo.  Captain 
Waddell  was  then  on  the  frontier,  and  Governor  Dobbs 
selected  an  eminence  with  good  springs  on  Third  Creek  for 
a  fort  of  refuge  for  the  settlers,  which  was  afterward  begun 
by  the  people  and  finished  by  direction  of  the  Assembly.  It 
was  named  Fort  Dobbs  in  his  honor.  The  southern  Indians, 
however,  remained  faithful  to  the  whites,  and  the  troubles 
at  that  time  were  soon  quieted. 

In  November,  1753,  the  Moravians,  coming  by  way  of 
Winchester  and  Saura  Gap,  made  their  first  settlement  on  the 
land  Bishop  Spangenberg  had  purchased  on  the  Yadkin, 
calling  it  Bethabara.  The  hostile  Indians  at  the  north  now 
drove  many  settlers  from  Pennsylvania  to  North  Carolina, 
where  they  located  on  Muddy  Creek,  South  Fork,  and  neigh- 
boring streams.  Many  also  stopped  at  Bethabara.  For  pro- 
tection against  the  Indians  the  Moravians  enclosed  their  mill 
and  settlement  with  palisades,  but  they  were  not  interfered 
with.  In  1758,  many  Cherokees  and  Catawbas,  going  north 
to  aid  the  English,  passed  through  the  Moravian  settlement, 
being  well  provided  there  with  provisions  and  otherwise 
kindly  treated.  It  was  during  this  period  of  war,  when  in- 
formation of  passing  events  was  eagerly  sought,  that  the 
first  newspaper  was  published  in  the  province.  Franklin, 
the  postmaster-general  for  the  colonies,  in  the  summer  of 
1755  appointed  James  Davis,  the  printer,  postmaster  at  New 
Bern;  and  the  following  October  the  Assembly  authorized 
a  post  to  be  run  every  fifteen  days  between  Suffolk  and 
Wilmington,  Davis  undertaking  to  send  the  messengers;  and 
he  also  conveyed  at  stated  periods  letters  and  packages  to 


290 


DO  BBS'S  ADMINISTRATION,  1754-65 


«755 

C.R..V, 

Doobs  visits 
the  West 


C.  R.,  V, 
357 


•I51     • 

Moravians 


C.  RM  V, 

I.  4* 


Clewell. 
Hist,  of 
Wachovia 


Weeks,  Press 
of  North 
Carolina  in 
Eighteenth 
Century,  16 


vicinity,  lying  on  Rocky  River  and  its  branches,  which  had 
been  patented  in  1746,  and  he  found  seventy-five  families 
located  on  it.  He  visited  between  thirty  and  forty  of  them, 
each  having  from  five  to  ten  children,  who  went  barefooted 
and  with  a  single  garment  in  warm  weather ;  while  no  woman 
wore  more  than  two  thin  garments.  They  were  Scotch-Irish 
Presbyterians,  who  had  settled  together  in  order  to  have  a 
teacher  of  their  own  opinions  and  choice.  Besides,  there 
were  twenty-two  families  of  Germans  or  Swiss,  all  industri- 
ous. They  raised  horses,  cows,  hogs  and  sheep ;  Indian  corn, 
wheat,  barley,  rye  and  oats ;  made  good  butter  and  tolerable 
cheese,  and  had  made  good  success  with  indigo.  Captain 
Waddell  was  then  on  the  frontier,  and  Governor  Dobbs 
selected  an  eminence  with  good  springs  on  Third  Creek  for 
a  fort  of  refuge  for  the  settlers,  which  was  afterward  begun 
by  the  people  and  finished  by  direction  of  the  Assembly.  It 
was  named  Fort  Dobbs  in  his  honor.  The  southern  Indians, 
however,  remained  faithful  to  the  whites,  and  the  troubles 
at  that  time  were  soon  quieted. 

In  November,  1753,  the  Moravians,  coming  by  way  of 
Winchester  and  Saura  Gap,  made  their  first  settlement  on  the 
land  Bishop  Spangenberg  had  purchased  on  the  Yadkin, 
calling  it  Bethabara.  The  hostile  Indians  at  the  north  now 
drove  many  settlers  from  Pennsylvania  to  North  Carolina, 
where  they  located  on  Muddy  Creek,  South  Fork,  and  neigh- 
boring streams.  Many  also  stopped  at  Bethabara.  For  pro- 
tection against  the  Indians  the  Moravians  enclosed  their  mill 
and  settlement  with  palisades,  but  they  were  not  interfered 
with.  In  1758,  many  Cherokees  and  Catawbas,  going  north 
to  aid  the  English,  passed  through  the  Moravian  settlement, 
being  well  provided  there  with  provisions  and  otherwise 
kindly  treated.  It  was  during  this  period  of  war,  when  in- 
formation of  passing  events  was  eagerly  sought,  that  the 
first  newspaper  was  published  in  the  province.  Franklin, 
the  postmaster-general  for  the  colonies,  in  the  summer  of 
1755  appointed  James  Davis,  the  printer,  postmaster  at  New 
Bern;  and  the  following  October  the  Assembly  authorized 
a  post  to  be  run  every  fifteen  days  between  Suffolk  and 
Wilmington,  Davis  undertaking  to  send  the  messengers ;  and 
he  also  conveyed  at  stated  periods  letters  and  packages  to 


3 
o 

< 
u 

X 
H 
X 

o 


FRENCH  AND  INDIAN  WAR  291 

every  county  in  the  province.     This  opened  the  way  for  jwf 

Davis  to  issue  a  newspaper,  and  probably  in  December,  1755, 
he  began  the  publication  of  the  North  Carolina  Gazette.  The 
Gazette  continued  to  furnish  its  readers  with  "the  freshest 
advices,  foreign  and  domestic,"  at  the  price  of  sixteen 
shillings  per  annum,  for  six  years,  when,  perhaps  because 
unremunerative,  the  publication  ceased. 

At  the  third  session  of  the  Assembly,  which  met  on  Sep-  JjgR,;Vf 
tember  30,  1756,  Speaker  Campbell  was  unable  to  attend 
because  of  ill  health,  and  Sam  Swann  was  chosen  speaker. 
The  necessity  of  maintaining  a  force  in  the  field  was  now 
thoroughly  appreciated  by  the  Assembly,  and  strenuous 
efforts  were  made  to  co-operate  with  Governor  Dobbs. 
£4,000  were  appropriated  for  the  erection  of  the  fort  at  the  Fort  Dobbt 
west,  and  another  company,  under  Captain  Andrew  Bailey, 
was  employed  in  that  quarter. 

In  the  spring  of  1757  South  Carolina  was  threatened  by  the  J**3 J» 
Indians  on  her  frontier,  and  two-thirds  of  the  militia  of  the  ^R-v» 
lower  counties  were  ordered  to  be  held  in  readiness  to  march  Haywood, 
to  the  assistance  of  that  province.    To  supplement  the  forces  SfVreemV 
in  Virginia,  especially  in  their  scouting  operations,  bands  vfiSj* 
of  Indians  from  the  Meherrins  and  Tuscaroras,  as  well  as  the  C"011*** 
Catawbas,  were  sent  northward  to  join  the  army  now  under 
the  command  of  General  Forbes.    Captain  Dobbs's  company, 
as  well  as  Captain  Caleb  Granger's  and  Captain  Arbuth- 
not's  (with  whom  were  Lieutenant  Henry  Johnston,  Lieu- 
tenant Ferguson  and  Ensign  David  Rogers),  and  also  Cap- 
tain McManus's  company   (John  Payne  being  one  of  the 
lieutenants),  after  serving  in  Virginia,  were  formed  into  a 
battalion  and  sent  to  New  York  under  the  command  of  Cap-  service* 
tain  Dobbs,  who  was  now  promoted  to  be  major.     There 
Captain  Granger's  company  served  in  the  Crown  Point  cam- 
paign.   On  the  return  of  Lieutenant  Payne,  he  was  promoted 
to  be  captain,  and  later  he  marched  his  company  to  South 
Carolina. 

In  1758  two  other  companies  were  raised,  one  for  Fort  ^R-»v, 
Johnston,  under  Captain  James  Moore,  who  also  led  his  com- 
pany to  South  Carolina;  and  one  for  Fort  Granville,  on  the 
coast,  under  Captain  Charles  McNair.     During  that  year 
300  men  were  sent  to  join  General  Forbes;  200  went  by  sea, 


#7 


292 


DO  BBS'S  ADMINISTRATION,  1754-65 


1758 


Waddell, 
A  Colonial 
Officer,  61 


C.  R.,  VI, 

384 


Nov.  85, 
1758 


McCulloh's 
grants 
C.R..V, 
xxxiii,  1 106 


and  100,  taken  from  the  western  frontier,  passed  up  the 
Valley  of  Virginia,  and  with  these  troops  were  a  number  of 
Cherokee  Indians,  the  whole  battalion  being  under  the  com- 
mand of  Major  Hugh  Waddell,  who  had  won  great  fame 
for  his  courage  and  capacity. 

William  Pitt  was  now  at  the  helm  of  affairs  in  England, 
and  was  prosecuting  the  war  with  great  vigor.  The  disasters 
of  the  previous  campaign  were  to  be  succeeded  by  strenuous 
endeavors  for  victory.  In  Virginia,  General  Forbes  pushed 
forward  toward  Fort  Duquesne;  but  winter  set  in  while 
he  was  still  forty  miles  from  his  destination.  In  that  moun- 
tainous wilderness,  without  information,  and  ill  prepared  for 
a  siege  of  the  fort  or  to  pass  the  winter  in  that  desolate 
region,  the  general  was  in  such  sore  straits  that  he  offered 
a  reward  of  £50  to  any  one  who  would  capture  an  Indian 
from  whom  information  could  be  obtained.  Sergeant  John 
Rogers,  of  Waddell's  command,  fortunately  succeeded  in 
taking  an  Indian  alive,  and  because  of  the  information  gained 
from  him  the  general,  who  was  contemplating  a  retreat,  dis- 
carded that  purpose,  continued  his  advance,  made  a  forced 
march,  and  found  that  the  enemy  had  on  his  approach  aban- 
doned their  stronghold.  Passing  into  the  hands  of  the 
English,  Duquesne  was  at  once  named  Fort  Pitt,  in  honor 
of  the  great  war  minister ;  and  the  Indians  came  in  and  made 
treaties  of  peace,  which  secured  a  cessation  of  hostilities 
along  that  frontier. 

During  this  period  of  the  war  and  unrest  the  controversy 
between  Henry  McCulloh  and  Granville,  within  whose  terri- 
tory some  of  the  McCulloh  grants  had  been  located,  was 
brought  to  a  conclusion  by  an  agreement  that  McCulloh  was 
to  become  Granville's  tenant,  and  in  lieu  of  all  other  rents  he 
was  to  pay  an  annual  sum  of  £400  from  1757  until  1760,  after 
which  date  he  was  to  pay  four  shillings  for  every  hundred 
acres  of  land  retained  by  him,  but  he  was  to  reconvey  and 
surrender  to  Granville  all  lands  not  then  settled.  As  the 
period  for  settling  McCulloh's  grants  in  the  king's  domain 
was  about  to  expire,  in  1756  he  petitioned  that  because  of  the 
wars  and  difficulties  he  be  allowed  three  years'  additional  time, 
and  accordingly  the  time  for  settlement  was  extended  for 
him  until  1760,  when  he  was  to  surrender  his  grants,  retain- 


THE  ASSEMBLY  AND  THE  GOVERNOR  293 

ing  only  two  hundred  acres  of  land  for  each  white  person  XJ& 

settled  by  him  in  the  province. 

At  first  Governor  Dobbs  appears  to  have  gotten  on  quite  u^^ 
well  with  the  Assembly.  The  matter  of  quit  rents  was  not  so 
interesting  to  the  people  as  formerly,  not  only  because  half  of 
the  province  had  been  conveyed  to  Granville,  but  on  the  growth 
and  development  of  the  colony,  the  thickening  of  population 
and  the  general  advancement  in  prosperity  it  was  not  so 
essential  that  the  rents  should  be  paid  in  farm  produce,  arid 
the  determination  of  the  Crown  that  they  should  be  paid  in 
money  no  longer  met  with  serious  resistance.  But  the 
instructions  of  the  Crown  officers  limiting  the  powers  of 
Assembly  caused  some  dismay  among  the  leaders  both  at  the 
north  and  at  the  south;  and  there  was  evidently  a  spirit 
among  them  to  come  together  again.  Indeed,  neither  side 
could  boast  a  complete  triumph  over  the  other,  for  the  action 
of  the  Assembly  in  1747  fixing  a  quorum  at  fifteen  and  pro- 
ceeding with  legislation  in  the  absence  of  a  majority  was 
upheld,  and  while  the  two  important  acts  which  the  northern 
members  protested  against  were  annulled,  that  action  was 
not  taken  on  their  ground  and  their  position  was  not  sus- 
tained; and  the  subject-matters  of  those  acts  were  taken 
entirely  from  under  the  power  of  the  Assembly  and  declared 
to  be  within  the  prerogative  of  the  Crown.  Necessarily, 
there  were  personal  antagonisms  which  only  time  could  heal. 
The  defeat  of  Swann  at  the  opening  of  the  new  Assembly 
was  to  have  been  expected,  and  his  election  as  speaker  at  the 
third  session  indicates  that  progress  had  been  made  in  the 
direction  of  restored  fraternal  relations.  The  general  desire 
to  co-operate  in  measures  of  defence  appealing  to  their 
patriotism  doubtless  also  conduced  to  healing  the  breaches. 

At  the  session  of  November,  1758,  the  Assembly  compli-  gjj* 
mented  the  governor  by  locating  the  capital  at  Tower  Hill,  ^'^xnl 
and  by  creating  a  new  county,  embracing  the  seat  of  govern- 
ment, which  was  called  Dobbs  in  his  honor ;  and  it  also  laid 
a  tax  to  pay  the  salaries  of  the  chief  justice  and  attorney- 
general. 

But  notwithstanding  this  disposition  on  the  part  of  the  ^Jjrnor 
Assembly  to  be  complaisant,  there  was  a  divergence  between  arbitrary 
the  Assembly  and  the  governor,  who  seems  to  have  developed 


294 


DO  BBS'S  ADMINISTRATION,  1754-65 


1758 


The  king's 
bounty 


Causes  of 
difference 
C.  R.,  VI, 


C.  R, 

1087 


V, 


The  house 
outwitted 
C.  R.,  VI,  3 


an  arbitrary  and  exacting  spirit  and  would  brook  no  oppo- 
sition to  his  purposes.  Old,  self-willed  and  petulant,  he 
appears  to  have  regarded  himself  as  a  ruler  rather  than  as  a 
mere  executive  officer,  and  he  sought  to  constrain  rather  than 
to  influence. 

It  was  known  that  to  reimburse  the  colonies  for  their  war 
expenditures  the  Crown  proposed  to  allow  £200,000  for  dis- 
tribution among  all  of  them,  and  £50,000  was  to  be  given 
to  the  southern  colonies  exclusively.  The  control  of  that  part 
of  these  funds  which  would  be  allotted  to  North  Carolina 
now  became  a  subject  of  difference  between  the  Assembly 
and  the  governor.  The  governor  asserted  his  prerogative  to 
dispose  of  the  money,  while  the  Assembly  claimed  the  right 
to  use  it  in  their  own  discretion ;  and  also  the  right  to  appoint 
an  agent  for  the  province  and  to  select  the  committee  to 
correspond  with  him  and  give  him  directions.  The  governor 
very  emphatically  denied  all  these  claims.  In  the  bill  locating 
the  seat  of  government  at  Tower  Hill  no  appropriation  had 
been  made  for  the  construction  of  the  public  buildings ;  but  in 
a  second  bill  granting  an  aid  to  the  king  and  providing 
for  the  equipment  of  three  companies  to  consist  of  one 
hundred  men  each  there  were  embodied  provisions  appropri- 
ating out  of  the  expected  funds  £4,500  for  the  erection  of 
the  government  houses,  and  also  appointing  James  Aber- 
cromby  agent  for  the  province,  and  designating  Sam  Swann, 
Thomas  Barker,  John  Starkey,  George  Moore  and  John  Ashe 
as  a  committee  of  correspondence.  The  governor  objected 
to  this  bill,  as  it  was  in  conflict  with  his  notions  of  the  rights 
of  the  Assembly,  and  determining  to  defeat  it,  he  resorted 
to  what  he  called  finesse.  Going  among  his  friends  in  the 
council,  he  suggested  to  them  not  to  oppose  either  of  the 
two  bills  and  to  let  the  objectionable  aid  bill  go  to  the  third 
reading,  excepting  some  trifling  matters  of  amendment. 
Thus  a  bill  locating  the  seat  of  government  was  passed ;  but 
when  the  aid  bill  came  up  the  governor  procured  the  council 
to  postpone  it  for  some  days,  and  in  the  meantime  he  pro- 
rogued the  Assembly.  He  himself  described  the  result: 
"Upon  this  disappointment  the  lower  house  were  all  in  a 
flame,  the  managers  being  greatly  disappointed,  and  repre- 
sented to  me  that  there  must  be  a  dissolution  unless  the 


THE  GOVERNOR  vs.  THE  ASSEMBLY  295 

upper  house  would  resume  the  bill."    It  ended,  however,  in  jj» 

the  house  appointing  Abercromby  their  own  agent  for  two  c-  R-»  v, 
years  and  appointing  their  own  committee  of  correspondence,  »«.,  1758 
and  in  their  making  an  address  to  the   Crown   praying  ^s^,«^ 
that  a  part  of  the  sum  allowed  horth  Carolina  should  be  addre« 
laid  out  in  purchasing  glebes  and  establishing  free  schools  in 
each  county.     By  the  governor's  action  the  aid  bill  was 
defeated,  and  no  provision  was  made  for  raising  troops  for 
defence  at  that  time.    Spring  was  not  over,  however,  before 
the  need  of  more  forces  at  the  north  resulted  in  pressing  calls 
on  Governor  Dobbs  for  additional  troops,  and  he  was  driven 
to  the  necessity  of  hastily  summoning  the  Assembly  to  meet 
at  New  Bern.    The  house  convened  on  May  8,  1759,  and  pro-  May,  1759 
ceeded  to  pass  an  aid  bill  exactly  similar  to  the  one  that  the  £ R» VI» 
governor  had  succeeded  in  defeating  by  his  boasted  finesse. 
The  upper  house,  however,  amended  it  by  striking  out  all 
the  sections  not  pertinent  to  the  raising  of  troops,  to  which 
the  Assembly  not  agreeing,  it  was  prorogued,  and  the  session 
ended  without  the  adoption  of  any  measure  whatsoever. 
Necessarily  these  causes  of  difference  led  to  much  irrita- 
tion, which  was  emphasized  by  the  governor's  non-action  in 
regard  to  disturbances  in  the  interior  of  the  province. 

On  January  24,  1759,  there  were  riots  in  Granville's  terri-  Tbe  Enfield 
tory,  and  a  number  of  citizens  who  were  discontented  at  the 
frauds  practised  by  Granville's  agents  and  their  entry  takers 
and  surveyors  forcibly  took  possession  at  night  of  the  house 
of  Francis  Corbin,  the  chief  agent,  and  seized  him  and  carried 
him  off  some  seventy  miles,  and  held  him  in  duress  until 
he  gave  a  bond.  And  Robert  Jones,*  then  attorney-general,  c.  rm  v, 
made  affidavit  that  the  rioters  intended  to  silence  him,  or 
"to  pull  deponent  by  the  nose  and  also  abuse  the  court,"  and 
unless  they  were  suppressed  "there  would  be  no  safety  in  the 
counties  in  which  they  lived." 

Because  of  this  lawlessness  the  Assembly  addressed  the  Jj£mbl 
governor  and  pointed  out  that  no  steps  had  been  taken  to  JT0^1^, 
punish  the  offenders  and  requested  that  the  chief  justice  and  105,  toe 
other  justices  and  other  officers  should  be  required  to  exert 
themselves  and  bring  the  guilty  parties  to  punishment ;  and 
also  requesting  that  if  it  should  be  necessary  the  regiments  of 

♦The  father  of  Willie  and  Allen  Jones. 


296 


DOBBS'S  ADMINISTRATION,  1754-65 


The 

governor  not 
sustained 


C.  RM  VI, 
55 


militia  in  the  several  counties  might  be  called  out  to  assist  the 
civil  powers,  cause  obedience  to  the  laws  and  restore  peace 
and  order ;  and  the  Assembly  loudly  complained  that  the  gov- 
ernor had  taken  no  action  in  this  matter,  but,  on  the  contrary, 
had  seemed  to  lend  it  his  countenance  by  appointing  men 
engaged  in  the  riots  to  be  magistrates  and  to  hold  other  posi- 
tions under  the  government. 

During  the  summer  the  Board  of  Trade  at  London  re- 
ceived from  the  governor  his  letter  enclosing  the  rejected 
aid  bill,  together  with  his  reasons  for  not  allowing  it  to  pass, 
which  he  put  on  the  ground  that  the  bill  diminished  his 
Majesty's  prerogative.  In  their  reply  the  Board  said  that 
the  proposed  act  did  not  appear  to  them  to  have  that  effect 
*'to  such  an  extent  as  you  seem  to  apprehend."  They  sus- 
tained the  Assembly  in  their  claim  to  have  the  right  to  appro- 
priate the  funds  allowed  them  by  the  king ;  and  also  in  their 
right  to  appoint  an  agent,  and  they  asserted  that  they  saw 
no  ground  to  disapprove  the  aid  bill  in  its  abstract  principle ; 
still  they  concurred  in  the  view  that  separate  matters  em- 
braced in  the  measure  ought  not  to  have  been  incorporated 
in  one  act;  and  they  also  thought  that  the  committee  of 
correspondence,  while  properly  appointed  by  the  legislature, 
ought  to  have  included  some  members  of  each  house. 
Although  urged  by  the  governor  to  repeal  the  act  of  1754, 
by  which  the  Assembly  had  appointed  the  treasurers,  the 
Board  peremptorily  refused  to  do  so,  saying  that  the  practice 
of  appointing  treasurers  by  the  legislature,  and  even  of 
making  them  responsible  to  only  one  house,  had  prevailed  so 
long  that  it  would  be  improper  to  interfere  with  it.  It  would 
seem  that  these  decisions  so  adverse  to  the  positions  taken 
by  the  governor,  and  so  clearly  sustaining  the  Assembly  in 
its  view  of  these  matters,  might  have  led  to  some  abatement 
of  Governor  Dobbs's  arbitrary  conduct,  but  having  once 
assumed  a  position  antagonistic  to  the  popular  leaders,  he 
became  more  strenuous  in  his  opposition  rather  than  com- 
plaisant. 

About  that  time  there  came  over  instructions  repealing  the 
act  fixing  the  seat  of  government  at  Tower  Hill,  for  the 
Board  said  that  it  was  only  intended  that  the  Assembly  should 
recommend  a  location,  not  definitely  fix  the  place ;  and  also 


The  court 
law  annulled 


COURT  ACT  REPEALED  297 

repealing  the  act  of  1754  establishing  supreme  courts  and  *w 

enlarging  the  jurisdiction  of  the  county  courts.  By  that  act 
the  office  of  associate  justice  had  been  created,  the  appointees 
to  hold  during  good  behavior,  and  in  the  absence  of  the 
chief  justice  they  were  to  exercise  full  jurisdiction.  As  a 
qualification  for  appointment  they  were  to  have  been  bar- 
risters of  five  years'  practice  in  England  or  attorneys  of 
seven  years'  practice  in  this  or  an  adjoining  province.  These 
features  were  objectionable  to  the  Board  of  Trade,  for  they 
restricted  the  power  of  the  king  to  select,  thus  encroaching 
on  his  prerogative,  and  they  also  rendered  the  justices  inde- 
pendent of  the  Crown.  The  bill  therefore  had  been  annulled  c.r.,vii96 
by  the  king,  while  the  former  court  law  of  1746  had  been  l8° 
repealed  by  the  Assembly.  So  the  province  was  to  be  left 
without  any  court  system  whatever.  Under  these  circum-  . 
stances  the  governor  deemed  it  prudent  to  withhold  the  an- 
nouncement until  the  next  session  of  the  Assembly,  which  was 
to  convene  in  December.  When  the  Assembly  met,  in  view 
of  these  new  instructions,  the  lower  house  prepared  another 
bill  to  establish  courts  that  would  be  free  from  the  par- 
ticular defects  that  had  led  to  the  repeal  of  the  original  act; 
but  this  new  measure  was  not  agreeable  to  the  governor 
and  council,  who  objected  to  the  manner  in  which  the  judges 
were  to  be  paid  arid  to  the  judicial  power  conferred  on  the 
associate  justices  provided  for  in  the  bill,  and  it  failed  to 
pass  the  upper  house.  So  for  a  time — eight  months  in  1759  No  couru 
and  1760 — there  was  a  cessation  of  the  courts  in  the  province. 

The  governor  had  received  among  other  instructions  one  currency 
forbidding  him  to  assent  to  any  act  making  paper  money  a 
legal  tender ;  he  was  also  informed  that  he  might  call  a  new 
election  for  assemblymen  if  he  should  choose  to  do  so. 
Thereupon  he  dissolved  the  Assembly,  it  having  already  held 
nine  sessions,  and  issued  writs  for  the  election  of  assembly- 
men to  meet  on  April  22,  1760.  The  differences  between  the 
governor  and  the  leaders  now  came  to  an  acute  issue,  and 
the  year  1760  is  notable  for  its  conflicts.  It  is  also  notable 
as  the  beginning  of  the  practice  of  passing  temporary  court 
laws. 

One  of  the  reasons  why  the  governor  had  not  previously 
dissolved  the  Assembly  was  that  he  did  not  know  how  to 


298  DO  BBS'S  ADMINISTRATION,  1754-65 

V60  apportion  the  representation.     Most  of  the  counties  and 

towns  had  applied  for  charters  of  incorporation,  but  some 
had  not.  In  issuing  his  writs  for  the  election  he  omitted 
Tyrrell  and  other  counties  and  some  of  the  towns.  Where 
elections  were  held,  however,  the  Assembly  admitted  the 
members  without  regard  to  the  writs,  falling  back  on  the 
old  constitution  of  the  colony  and  ignoring  the  claim  set  up 
by  the  Crown  that  it  had  a  right  to  apportion  representation 
at  its  will.  Thus  originated  another  cause  of  conflict  with 
the  governor. 

The  particular  object  the  governor  had  in  view  in  calling 
the  Assembly  was  to  have  passed  an  aid  bill,  as  great  military 
efforts  were  in  contemplation  for  the  ensuing  campaign. 
But  riots  and  disorders  had  continued  in  Edgecombe,  Hali- 
fax and  Granville  counties,  and  the  Assembly  was  in  ill- 
humor  at  the  governor's  conduct  in  not  seeking  to  suppress 
them.  It  adverted  to  the  scenes  of  violence  that  had  dis- 
turbed the  peace  of  the  province,  and  dwelt  on  the  fact  that 
there  were  no  courts  in  existence  to  curb  and  restrain  the 
lawless  people ;  and  it  declared  it  would  pass  no  aid  bill  until 
the  superior  court  bill  was  assented  to.  The  governor,  on 
the  other  hand,  was  firm  in  his  purpose  to  come  to  no  terms 
with  the  popular  leaders  and  would  not  assent  to  the  court 
s*c«;et  bill.     Finally,  after  some  heated  controversy,  on  May  23, 

May,  1760  1760,  the  house,  animated  by  a  spirit  of  defiance,  took  bold 
action.  It  resolved  itself  into  a  committee  of  the  whole,  and 
warning  the  members  that  if  any  one  should  divulge  what 
might  be  said  in  the  debate  he  should  be  dismissed  from  the 
house,  spent  five  hours  in  considering  the  action  of  the  gov- 
ernor, and  adopted  a  series  of  twenty  resolutions  aimed 
against  him,  and  declaratory  of  his  arbitrary  conduct,  and 
also  prepared  a  long  address  to  the  king  complaining  very 
bitterly  of  his  Excellency,  which  was  to  be  presented  by  the 
agent  of  the  province  and  was  not  to  pass  through  the  gov- 
ernor's hands  at  all.  This  resolute  action  apparently  made 
some  impression  on  the  governor,  who  then  proposed  to 
come  to  terms,  offering  to  prorogue  the  Assembly  for  three 
Pernor  days,  and  agreeing  that  if  they  would  pass  an  aid  bill,  and 
ga^et  terms  also  the  court  bill,  with  a  clause  limiting  its  operation  to 
410-414    '     two  years  unless  ratified  by  the  king,  he  would  assent  to  it  in 


4»i4«6i4J7 


TEMPORARY  COURT  ACT  299 

that  form.     This  gave  some  hope  of  the  establishment  of  lj£ 

courts  and  of  correcting  the  disorders  that  threatened  the  £J*;^i^ 
peace  and  prosperity  of  the  province,  and  so  the  leaders 
of  the  Assembly  assented  to  the  proposition  and  a  court  bill 
was  passed  similar  to  the  previous  one — the  associate  justices 
were  to  be  skilled  lawyers  and  were  to  hold  during  good 
behavior.  With  this  beginning,  for  a  period  of  more  than 
ten  years  it  became  the  practice  to  pass  a  court  bill  in  that 
form,  by  which  the  duration  of  the  courts  became  subject 
to  a  limitation  of  two  years.  Also  under  the  agreement  the 
house  passed  an  aid  bill,  but  the  governor  now  had  changed 
his  mind  as  to  the  aid  bill,  and  as  he  did  not  like  some  of  its 
provisions,  especially  deeming  the  bounty  offered  for  enlist- 
ments too  small,  and  as  he  considered  that  the  pressing 
necessity  for  raising  troops  no  longer  existed,  he  chose  not 
to  assent  to  it.  At  that  time  there  was  also  a  divergence  be- 
tween the  two  houses,  for  the  upper  house  would  not  pass  the 
bill  appointing  Abercromby  the  agent,  so  the  house  passed 
another  appointing  Mr.  Bacon,  which,  however,  shared  the  ^r.,vi, 
same  fate.  The  clash  involved  matters  of  right  and  power 
and  the  privileges  of  the  respective  bodies,  the  lower  house 
claiming  the  exclusive  right  of  designating  the  agent,  and 
also  of  selecting  the  committee  of  correspondence,  which  the 
upper  house  would  not  assent  to.  The  house  then  by  solemn 
resolution  appointed  Bacon  agent  of  the  Assembly,  not  of  the 
province.  In  the  midst  of  the  turmoil  the  governor  pro- 
rogued the  Assembly  until  September  1st. 

The  western  counties  desolated 

While  the  governor  and  Assembly  were  engaged  in  their  cieweii, 
controversies  conditions  in  the  western  part  of  the  province  wai'hovia 
became  deplorable.  In  October,  1759,  the  people  who  had 
made  their  homes  on  the  waters  of  the  Yadkin  and  Catawba 
heard  with  dismay  that  the  Creeks  and  Cherokees,  theretofore 
friendly,  had  declared  war  against  the  English.  Bands  of 
Indians  began  to  pass  the  defiles  of  the  mountains  and  roam 
along  the  foothills.  A  reign  of  terror  set  in.  Accounts  of 
atrocities  and  butcheries  and  of  destroyed  homes  came  thick 
and  fast  to  Salisbury  and  Bethabara.    They  were  intensely 


437 


30o 


DOBBS'S  ADMINISTRATION,  1754-65 


X760 

ThI 

Cherokee 
war 


Fort 
Defiance 


Fort  Dobbs 
attacked 


Bethabara 
threatened 


harrowing,  while  some  of  the  escapes  were  marvellous.  Many 
brave  men,  reluctant  to  abandon  their  homes,  fortified  them 
with  palisades,  and  forts  or  stronghouses  were  erected  where 
neighboring  families  could  assemble  for  safety.  The  men 
slept  with  their  rifles  at  hand,  and  the  most  resolute  were 
in  dread  of  stealthy  attack,  of  ambush  and  of  having  their 
houses  burned  at  night.  It  was  then  that  Fort  Defiance  and 
other  forts  in  that  region  were  hastily  constructed  by  the 
people. 

The  narratives  of  those  who  escaped  massacre  were  heart- 
rending, while  many  men,  women  and  children  fell  victims 
to  the  cruel  tomahawk  of  the  merciless  foe.  Few  particular 
accounts  of  these  individual  experiences  have  been  preserved ; 
but  all  the  section  west  of  the  Catawba  and  of  the  upper 
Yadkin  was  desolated.  Fort  Dobbs,  where  Colonel  Waddell 
was  stationed,  was,  on  February  27,  1760,  unsuccessfully 
assailed  by  the  hostiles ;  and  information  came  through  the 
"Little  Carpenter"  that  Bethabara  would  be  attacked,  and 
preparations  were  made  for  the  defence.  At  length  a  large 
body  of  Cherokees  stealthily  surrounded  the  town ;  but  hear- 
ing the  village  bell  ring,  they  supposed  themselves  discovered 
and  retired.  Again  they  approached  just  as  the  night  watch- 
man blew  his  trumpet,  and  they  withdrew,  and  then  desisted, 
although  during  that  spring  they  remained  for  six  weeks  in 
the  vicinity  devastating  the  country.  Among  those  who 
found  refuge  at  Bethabara  was  a  farmer  named  Fish  and  his 
son,  who  had  escaped  from  their  home  on  the  Yadkin. 
Anxious  to  see  if  their  house  had  been  burned,  they  pre- 
vailed on  another  refugee,  a  stranger,  to  return  with  them 
to  ascertain.  On  the  way  they  were  ambushed.  Fish  and 
his  son  fell,  while  the  stranger  was  pierced  by  several  arrows, 
one  of  which,  passing  through  his  body,  protruded  from 
his  back.  However,  he  escaped  the  Indians,  and  seeking  to 
return,  forded  the  Yadkin,  where  he  soon  saw  another  com- 
pany of  savages  approaching.  Again  plunging  into  the  river, 
he  crossed  and  succeeded  in  eluding  them.  A  storm  set  in, 
and  he  wandered  all  night  in  a  pelting  rain,  suffering  torture 
from  his  wounds,  and  in  dread  of  being  overtaken.  Thus 
passed  twenty-four  hours,  when  at  length  he  reached  Betha- 
bara, where  the  arrows  were  skilfully  extracted  by  the  good 


INDIAN  WAR  ON  THE  FRONTIER  301 

Dr.  Bonn.     Unfortunately  the  name  of  this  man  was  not  lJ*? 

recorded. 

A  detachment  of  soldiers  marched  out  to  give  burial  to  the  walnut 
bodies  of  Fish  and  his  son.  On  their  way  they  found  a  desolated 
farmer  besieged  and  defending  his  home,  which  the  savages 
had  already  succeeded  in  setting  on  fire.  They  quickly  drove 
the  hostiles  off  and  saved  the  farmer  and  his  children.  The 
next  day,  March  12th,  came  an  appeal  for  help  from  Walnut 
Cove,  which  was  surrounded  by  the  Indians.  A  company 
hastened  to  their  rescue  and  brought  in  the  survivors.  A 
farmer,  Robinson,  had  constructed  a  palisade  around  his 
house  and  resolutely  made  defence.  Eventually  he  was 
driven  from  it  into  his  log  house,  where  he  continued  the 
struggle.  At  length  his  last  load  of  powder  was  exhausted 
and  he  and  his  wife  and  children  fell  victims  to  the  bloody 
tomahawk.  Soon,  however,  sufficient  soldiers  arrived  to 
secure  protection,  and  on  Easter  Sunday,  1760,  as  many  as 
four  hundred  soldiers  attended  the  church  services  at 
Bethabara. 

The  Assembly  had  been  prorogued  until  September,  but  on  June,  17& 
receiving  information  of  a  general  uprising  of  the  Indians, 
and  learning  that  the  militia  had  refused  to  march  beyond 
the  limits  of  the  province,  Governor  Dobbs  convened  the 
houses  again  on  June  30th.  All  were  now  of  one  mind.  An  c R- VI» 
aid  was  at  once  voted  to  the  king ;  a  force  of  three  hundred 
men  was  raised  for  service,  the  militia  was  organized,  and 
authority  was  given  to  embody  them  for  defence. 

At  a  subsequent  session  held  in  November,  1760,  there 
was  a  purpose  to  send  five  hundred  men  to  co-operate  with 
Virginia  and  South  Carolina  against  the  Cherokees;  but  in 
the  aid  bill  then  passed  the  Assembly  had  named  the  agent 
at  London,  whom  the  governor  disapproved  of,  and  for  this 
reason  he  rejected  the  bill  and  prorogued  the  Assembly,  which  c.  r.,vi, 
reconvened  in  its  fifth  session  on  December  5th  to  recon-  5X3 
sider  its  action ;  but  the  house  was  firm  in  resisting  the  blan- 
dishments of  the  governor,  who  then  dissolved  it.  The  tide 
of  war  had  rolled  away  from  the  borders  of  the  province 
and  the  necessity  for  harmonious  action  had  passed.  jtfi 

In  February,  1761,  information  being  received  of  the  acces-  George  in 
sion  to  the  throne  of  the  young  king,  George  III,  he  was  £0R,,VI* 


302  DO  BBS'S  ADMINISTRATION,  1754-65 

*J**  proclaimed  with  great  enthusiasm  amid  the  firing  of  cannon 

on  the  Cape  Fear,  and  writs  for  a  new  election  of  assembly- 
men were  at  once  issued,  and  the  body  convened  on 
March  31st. 

When  the  Assembly  met  it  lost  no  time  in  upbraiding  the 
governor  with  his  defeat  of  the  aid  bill,  and  because  he  had 
called  the  Assembly  together  at  Wilmington  instead  of  at 
some  more  convenient  point,  and  the  disagreement  was  pro- 
nounced.    Rev.   Mr.   Moir   wrote  April    13th,   while   the 

cjuvi.  Assembly  was  in  session:  "The  misunderstanding  between 
the  governor  and  leading  men  of  this  province  still  subsisting, 
we  are  as  unhappy  as  ever."  But  in  the  end  the  Assembly 
became  more  complaisant;  a  committee  of  correspondence 
was  appointed  embracing  members  of  both  houses,  and  a 
new  agent  was  named,  probably  not  objectionable  to  the  gov- 
ernor— these,  as  at  the  previous  session,  being  features  of  the 
aid  bill,  which  the  governor  now  approved.  At  the  same 
session  the  tax  to  pay  the  salaries  of  the  chief  justice  and 
attorney-general  was  increased. 

In  the  meanwhile  the  Board  of  Trade  had  written  to  Gov- 
ernor Dobbs  that  he  had  no  right  to  interfere  with  the 

or., vi,  appointment  of  the  agent  by  the  Assembly,  but  that  he  should 
urge  the  house  to  conform  to  the  instructions  of  the  Crown 

The  and  recognize  fifteen  members  as  constituting  a  quorum, 

wi^uTned  and  to  pursue  the  same  method  in  regard  to  paying  out 
moneys  and  auditing  accounts  that  was  in  use  at  home. 

dialer  A  new  election  was  called,  the  Assembly  meeting  in  April, 

1762.  At  that  session  Sam  Swann,  who  had  since  1743,  with 
a  single  interruption,  been  the  speaker,  retired  from  that 
office,  and  his  nephew,  John  Ashe,  succeeded  him.  In  all 
the  controversies  with  Johnston  and  Dobbs,  Swann  had 
been  the  great  leader.  Indeed,  on  one  occasion  Johnston  had 
silenced  him  as  a  lawyer,  and  Dobbs  felicitated  himself  that 
as  extreme  as  had  been  his  own  action  he  had  never  gone 
to  that  length. 

The  council  Differences  between  the  Assembly  and  council,  whose  mem- 
bership since  the  purchase  by  the  Crown  thirty  years  before 
had  been  changed  only  on  the  death  of  its  members,  and 
which  was  now  composed  of  Hasell,  Rutherford,  DeRosset, 
Spaight,  Sampson  and  McCulloh,  led  those  gentlemen  to  say 


INTERNAL  CONDITIONS  303 

to  the  Assembly:  "We  apprehend  ourselves  as  nearly  con-  Jj£ 

cerned  in  the  blessings  of  liberty  and  property  as  any  other 
inhabitants  of  this  province,  and  shall  ever  with  cheerfulness 
concur  with  you  in  every  measure  that  to  us  shall  appear  con- 
ducive to  the  securing  of  these  most  valuable  blessings." 
A  new  court  law  was  passed  that  year,  in  which  provision 
was  made  for  an  associate  justice  at  Salisbury. 

In  conformity  with  political  and  religious  conditions,  it  IS****** 
was  considered  that  efforts  should  be  made  to  maintain  the 
Church  of  England  as  the  national  church  in  the  province. 
From  1701  there  had  been  parishes  and  vestrymen  and  some 
provision  made  for  supporting  clergymen  of  the  established 
church.  But  so  little  effort  was  made  to  carry  the  law  into 
effect  that  often  there  were  only  one  or  two  clergymen  in 
the  province.  As  the  province  grew  and  the  policy  wa3 
introduced  to  fashion  the  government  on  the  model  of  the 
mother  country,  renewed  efforts  were  made  in  this  respect. 
The  vestry  act  of  1760  being  repealed  by  the  king,  in  1762 
another  act  was  passed,  which,  however,  was  also  disallowed 
because  the  appointment  or  employment  of  the  ministers  was 
conferred  on  the  vestry  and  not  allowed  as  a  privilege  of  the 
Crown,  although  under  that  act  all  ministers  employed  had 
tc  hold  the  license  of  the  Bishop  of  London.  Thus  it  hap-  s.R.,xxint 
pened  that  in  the  autumn  of  1762  all  the  vestries  in  the  ** 
province  were  dissolved  and  the  entire  church  system  dis- 
organized. Two  years  later,  however,  a  new  act  was  passed, 
in  which  the  vestries  were  given  power  to  levy  a  ten-shilling 
tax  toward  building  churches,  maintaining  the  poor,  paying 
the  readers  and  encouraging  schools  in  each  county. 

Under  Pitt's  able  administration  the  war  had  been  so 
vigorously  and  successfully  pressed  that  in  the  fall  of  1760 
Canada  was  conquered  and  the  Indians  brought  into  peaceful 
relations  with  the  English.  Three  years  later  a  treaty  of  peace 
was  signed,  by  which  the  British  Empire  extended  from  the  Peace  of 
(iulf  of  Mexico  to  Hudson  Bay  and  from  the  Atlantic  to  ParU» 
the  Mississippi ;  and  the  colonists,  now  freed  from  fears  of 
foreign  foes,  could  devote  themselves  more  exclusively  to 
home  affairs.  The  tide  of  immigration  that  ten  years  earlier 
was  setting  so  strongly  to  western  Carolina  was,  however, 
checked  because  of  the  Indian  war.    Yet  at  the  conclusion  JL?;^I$ 

io>7<  1040 


3°4 


DO  BBS'S  ADMINISTRATION,  1754-65 


176a 


C.  R.,  VI, 

1030 


Indians 
C.  R.,  VI, 

616 


C.  R.,  VI, 
1041 


C.  R.,  VI, 

995 


The  free 

schools 


C.  R.,  VI, 

1006 


C.  R.,  VII, 
73,  xo6, 13a 


of  peace  North  Carolina  had  a  population  of  about  100,000 
whites  and  more  than  10,000  negroes.  On  the  Cape  Fear 
were  forty  saw-mills  producing  some  30,000,000  feet  of  lum- 
ber annually,  and  there  were  exported  from  that  river  36,000 
barrels  of  naval  stores. 

The  Indian  aborigines  had  nearly  disappeared.  On  a 
reservation  of  ten  thousand  acres  on  the  Roanoke  were  con- 
gregated all  that  remained  of  the  Tuscaroras,  the  Saponas, 
and  Meherrins.  Of  the  first  there  were  one  hundred  braves, 
of  the  last  two  only  twenty  each.  The  Catawbas  had  num- 
bered three  hundred  warriors,  but  in  1761  so  many  were 
swept  off  by  smallpox  that  only  sixty  braves  remained,  an 
equal  number  of  women  and  hardly  more  than  one  child  to 
each  pair. 

The  remnants  of  the  Hatteras  Indians  appear  to  have 
joined  the  Mattamuskeets  on  their  reservation  in  Hyde, 
where  were  only  some  seven  or  eight  Indian  men.  Originally 
it  was  said  that  the  Indians  had  a  violent  antipathy  to  the 
negro,  but  in  time  that  repugnance  seems  to  have  subsided, 
and  there  was  some  admixture  of  the  two  races. 

Educational  facilities  in  the  province  were  limited.  In 
1749  John  Starkey  introduced  a  bill  making  an  appropriation 
of  £6,000  for  a  free  school,  but  in  1754  that  money  was  used 
for  other  purposes.  Another  appropriation  of  £6,000  was, 
however,  then  made.  But  there  was  some  objection  in  Eng- 
land to  this  bill  and  it  was  disallowed.  Four  years  later 
the  Assembly  prayed  the  king  that  a  part  of  the  sum  allowed 
the  province  by  the  Crown  in  return  for  its  aids  might  be  used 
to  establish  churches  and  a  free  school  in  each  county;  but 
there  was  always  an  objection.  Frequent  applications  were 
made  for  this  permission,  and  as  late  as  1763  the  request  and 
denial  continued,  the  Board  of  Trade  merely  saying  that  until 
the  Assembly  should  be  sufficiently  compliant  as  to  remove 
the  original  objections  it  would  not  consider  the  subject. 
Eventually,  in  1765,  Governor  Tryon,  probing  the  matter, 
could  get  no  light  on  the  subject  otherwise,  and  formally 
asked  the  Assembly  what  the  cause  of  difference  was,  receiv- 
ing the  answer  that  the  Assembly  did  not  know,  as  the  objec- 
tion had  never  been  communicated  to  that  body.  On  again 
representing  the  matter  to  the  Board  of  Trade  he  was  advised 


RELIGIOUS  DENOMINATIONS 


305 


that  "some  complaints  had  been  made  against  the  original 
act  by  some  merchants."  And  so  because  of  Governor 
Dobbs's  wilfulness  in  not  communicating  to  the  Assembly 
those  objections  in  order  that  they  might  be  removed  or 
answered,  "the  complaints  of  some  merchants"  resulted  in 
depriving  the  province  of  the  benefit  of  free  schools.  Such 
was  one  of  the  results  of  the  colonial  system  of  government. 

The  court  system  provided  for  a  superior  court,  with  a 
chief  justice  appointed  in  England,  and  three  associates,  who, 
in  1761,  were  Marmaduke  Jones,  William  Charlton  and 
Stephen  Dewey — all  good  lawyers ;  but  in  1762  the  new  act 
divided  the  province  into  five  districts,  in  each  of  which, 
except  the  Salisbury  district,  an  associate  justice  was  ap- 
pointed, who  in  the  absence  of  the  chief  justice  had  juris- 
diction to  hear  and  determine  all  cases,  except  mere  matters 
of  law.  For  the  Salisbury  district  an  assistant  judge  was 
appointed.  He  was  to  be  a  learned  lawyer  and  his  juris- 
diction was  as  ample  as  that  of  the  chief  justice  himself. 
These  court  laws  were  to  endure  only  for  two  years  unless 
approved  by  the  king,  so  there  were  constant  re-enactments. 

Notwithstanding  the  provision  made  for  the  maintenance 
of  an  orthodox  parochial  clergy,  there  were  in  1764  not  more 
than  six  established  clergymen  in  the  province,  and  only 
three  or  four  churches  then  finished.  But  the  Presbyterians 
had  their  ministers,  and  the  Quakers  had  again  become  flour- 
ishing.    The  Baptists  also  were  numerous. 

Paul  Palmer  in  1727  gathered  together  a  congregation  of 
Baptists  in  the  Albemarle  section,  and  about  1742  William 
Sojourner  settled  on  Kehukee  Creek,  where  later  the 
Kehukee  Baptist  Association  was  formed,  and  early  in  1755 
Shubeal  Stearns,  a  native  of  Boston,  settled  on  Sandy 
Creek,  where  he  soon  drew  into  his  communion  more  than 
six  hundred  members;  and  these  churches  became  mother 
churches  of  the  Baptist  associations  in  North  Carolina. 

A  new  sect,  too,  had  sprung  up,  calling  themselves  Meth- 
odists, zealous  and  enthusiastic  religionists,  but  disclaimed 
by  Mr.  Whitefield,  then  on  his  passage  through  the  province, 
as  the  followers  of  Wesley  and  himself.,  yet  doubtless  owing 
their  origin  to  Whitefield's  teachings  in  New  England. 

Governor  Dobbs  was  loud  in  his  denunciation  of  all  oppo- 


176a 


S.R.,XXIIl 
55© 


C.  RM  VI, 
6ax 


The  Judicial 
System 


Parochial 
clergy 

c.  *:,  vi, 

X039 


R:i  prists 


C.  RM  VI, 

1061 
Methodist! 


306 


DO  BBS'S  ADMINISTRATION,  1754-65 


1763 

Republican- 
ism rife 
C.  RM  VI, 
304-309 


C.R.,VI,3a 


British 
views  with 
reference  to 
America 


McCulloh 


C.  RM  VI, 
ioai 


The  right  to 
tax  claimed 


sition  to  his  measures  and  schemes,  and  ascribed  the  antag- 
onism of  the  leaders  in  the  Assembly  to  a  spirit  of  republi- 
canism, which  he  declared  was  more  rife  in  this  province 
than  in  any  other.  He  insisted  that  Speaker  Swann,  his  two 
nephews,  John  Ashe  and  George  Moore,  and  John  Starkey, 
who  formed  the  committee  of  correspondence,  composed  a 
junto,  whose  object  was  to  lessen  the  prerogatives  of  the 
Crown  and  absorb  the  administration  into  their  own  hands 
and  extend  the  power  of  the  Assembly.  That  the  Assembly 
under  its  leaders  was  ever  determined  in  the  assertion  of 
its  right  to  hold  the  purse  and  maintain  the  freedom  of 
the  people  as  subjects  of  Great  Britain  is  sufficiently  plain. 
How  far  any  of  the  inhabitants  were  disaffected  toward  the 
monarchical  system  does  not  appear.  Proud  of  their  birth- 
right as  British  subjects,  they  never  contemplated  the  relin- 
quishment of  self-government  under  the  constitution  of  the 
province;  but  they  were  loyal  to  their  king  and  had  no 
expectation  of  any  change  until  at  length,  to  their  dismay, 
changes  came. 

The  colonies  had  cheerfully  made  great  appropriations  to 
aid  the  king  in  the  prosecution  of  his  wars  and  to  relieve  the 
necessities  of  the  Crown.  But  these  were  voluntary  offer- 
ings. In  England  it  was  held  that  the  general  government 
of  the  mother  country  had  a  right  to  something  more — to 
exact  by  law  a  fund  for  the  purposes  of  the  Empire.  The 
regiments  stationed  in  America  were  to  be  supported  by 
the  American  colonies.  The  colonial  governments  were  to  be 
reformed  and  a  surer  provision  made  for  the  compensation 
of  the  governors  and  other  officers.  Quickly  following  the 
treaty  of  peace,  these  and  other  matters  of  similar  import 
were  discussed  in  England,  and  on  October  10,  1763,  Henry 
McCulloh,  who  for  thirty  years  had  been  concerned  with 
the  American  colonies,  proposed  a  stamp  act  to  raise  the 
necessary  funds.  In  January,  1764,  Governor  Dobbs  wrote 
to  the  Board  of  Trade:  "I  apprehend  the  British  Parliament 
may  lay  duties  upon  goods  imported  into  the  several  colonies 
to  support  the  troops  necessary  to  secure  our  great  acqui- 
sitions on  this  continent,  as  also  to  support  the  additional 


public 


RISE  OF  THE  FOURTH  ESTATE  307 

officers  of  the  revenue."     Such  was  the  drift  of  official  n* 

sentiment. 

The  Assembly  of  1764 

At  the  session  of  the  Assembly  held  in  Wilmington  in 
February,  1764,  that  town  began  to  be  regarded  as  the 
seat  of  government  for  the  province.  Andrew  Steuart,  a 
printer  located  there,  was  employed  to  publish  the  laws.  pX* 
Brunswick  and  Bute  counties  were  erected.  An  act  was 
passed  for  building  a  school-house  and  a  residence  for  a 
schoolmaster  in  New  Bern,  and  John  Starkey  and  Joseph 
Montfort  were  appointed  the  public  treasurers  for  the  term 
of  three  years.  John  Ashe  was  again  elected  speaker  of  the 
Assembly. 

The  early  newspapers 

Perhaps  the  conflicting  interests  of  New  Bern  and  Wil-  wedwTresi 
mington,  or  the  more  personal  ambitions  of  two  printers,  in  Carolina  in 
the  summer  of  1764  led  to  the  revival  of  Davis'  newspaper,  §!«££% 
now  under  the  name  The  North   Carolina  Magazine,  or 
Universal  Intelligencer.    And  in  September  Andrew  Steuart 
began  at  Wilmington  the  publication  of  The  North  Caro- 
lina Gazette  and  Weekly  Post  Boy.    The  Post  Boy,  how- 
ever, was  short-lived,  and  ceased  to  exist  in  1767,  being 
succeeded  two  years  later  by  The  Cape  Fear  Mercury,  pub- 
lished by  Adam  Boyd. 

Tryon  appointed  to  relieve  Dobbs 

Governor  Dobbs,  who  was  now  nearly  fourscore  years  of 
age  and  very  infirm,  asked  leave  to  return  to  England ;  and 
to  relieve  him,  William  Tryon,  a  young  officer  of  the  Queen's 
Guards,  was,  on  April  26,  1764,  appointed  lieutenant-gov- 
ernor, and  in  July  received  his  final  instructions.  On  Octo-  Arrives 
ber  10th  he  arrived  at  Brunswick,  expecting  to  enter  at  once  0c,io»it6* 
on  his  duties ;  but  to  his  disappointment  he  found  that  Gov- 
ernor Dobbs  would  not  depart  until  the  coming  spring. 

It  was  expected  that  there  would  be  warm  disputes  when  The  public 
the  General  Assembly  should  meet  in  October,  1764.    In  the  a*italed 
previous  March  the  suggestion  of  McCulloh  had  been  acted 
on  and  a  resolution  had  passed  Parliament,  without  question, 


3o8 


DO  BBS'S  ADMINISTRATION,  1754-65 


1764 


The  power 
to  tax 


The  firm 
stand  of  the 
Assembly 
Oct.,  X764 


C.  R.,  VI, 
1314-1318 


Claims  the 

exclusive 

privilege  of 

imposing 

taxes 

C.  R.,  VI, 

ia6i 


Assembly 
concurs  with 
Massachu- 
setts 

Bancroft, 
V,ao4 


that  it  was  expedient  to  lay  stamp  duties  on  the  colonies,  and 
the  public  mind  was  greatly  agitated.  For  a  century  England 
had  restricted  and  regulated  the  commerce  of  her  colonies, 
and  in  recent  years  Parliament  had  exacted  heavy  duties  on 
trade  with  the  adjacent  French  and  Spanish  settlements, 
while  no  manufactured  goods  could  be  imported  except  alone 
from  English  ports.  But  that  had  been  for  the  expansion 
and  regulation  of  commerce.  Now  a  different  interest  was 
to  be  subserved,  and  Parliament  proposed  to  tax  the  colonies 
for  purposes  of  revenue.  In  England  no  one  disputed  the 
right ;  in  America  it  was  a  question  so  novel  and  so  momen- 
tous that  at  first  public  opinion  was  not  pronounced.  The 
omnipotence  of  Parliament  had  never  been  disputed.  But 
on  the  passage  of  the  resolution  in  March  came  an  examina- 
tion into  the  subject.  The  illumination  was  gradual.  The 
power  to  tax  was  the  power  to  destroy,  and  America  became 
enshrouded  in  a  turmoil  of  anxious  thought.  Such  were 
the  conditions  when  the  Assembly  met  in  October. 

As  if  to  emphasize  the  spirit  of  the  house,  the  governor 
and  council  having  appointed  a  printer  "under  the  sounding 
appellation  of  his  Majesty's  printer,"  the  house  declared 
it  knew  of  no  such  office,  and  it  resolved  that  James  Davis 
should  print  the  laws;  and  when  the  governor  claimed  for 
himself  as  a  representative  of  the  Crown,  in  conjunction  with 
the  king's  councillors,  the  right  to  direct  payment  out  of 
the  funds  allowed  the  province  by  the  king,  the  house  re- 
solved "that  the  treasurers  do  not  pay  any  money  out  of 
any  fund  by  order  of  the  governor  and  council  without  the 
concurrence  or  direction  of  this  house."  It  proposed  to  hold 
the  purse  strings. 

And  in  reply  to  the  opening  address  of  the  governor  the 
house  said:  "It  is  with  the  utmost  concern  we  observe  our 
commerce  circumscribed  in  its  most  beneficial  branches, 
diverted  from  its  natural  channel,  and  burdened  with  new 
taxes  and  impositions  laid  on  us  without  our  privity  and 
consent,  and  against  what  we  esteem  our  inherent  right  and 
exclusive  privilege  of  imposing  our  own  taxes." 

As  yet  no  other  Assembly  in  any  other  colony  had  made 
so  positive  a  declaration.  Incidentally  the  power  of  Parlia- 
ment was  flatly  denied.    Massachusetts  had  addressed  a  cir- 


THE  EXCLUSIVE  RIGHT  TO  TAX  309 

cular  letter  to  the  other  colonies  asking  concert  of  action  in  ffi 

making  a  representation  to  the  Crown  and  desiring  "their 
united  assistance."     The  speaker,  John  Ashe,  on  Novem- 
ber 17th  laid  this  letter  before  the  house,  and  it  was  resolved 
that  "Mr.  Speaker,  Mr.  Starkey,  Mr.  McGuire  and  Mr.  Har-  c.  il,  vi, 
nett  and  Mr.  Maurice  Moore  be  a  committee  to  answer  the  ,afl6 
above  letter,"  and  "to  express  their  concurrence  with  the 
sentiments  of  the  House  of  Representatives  of  Massachu- 
setts."   Such  was  the  first  movement  on  the  surface  of  the 
troubled  waters.    The  house  asserted  its  exclusive  right  to  Martin, 
lay  taxes,  and  to  direct  payment  out  of  the  public  funds,  and  cluoUna, 
it  sent  to  Massachusetts  its  concurrence  in  the  proposed  II,,M 
remonstrance. 


THE  FIFTH   EPOCH— 1 765-75 
CONTROVERSIES  WITH  THE  MOTHER  COUNTRY 


CHAPTER  XXI 
Tryon's  Administration — 1765-71 :  The  Stamp  Act 

Governor  Tryon's  administration. — Unrest  in  Mecklenburg. — 
The  cause  of  complaint  in  Orange. — The  Assembly  of  May,  1765. 
— The  vestry  act. — The  stamp  act  passed. — Desire  for  inde- 
pendence imputed  to  the  colonists. — Popular  ferment. — Speaker 
Ashe  declares  the  people  will  resist  to  blood. — The  Assembly  pro- 
rogued.— Patrick  Henry  in  Virginia. — Barrels  speech  in  Parliament. 
— Sons  of  Liberty. — An  American  congress  called. — Dr.  Houston 
stamp-master. — North  Carolina  not  represented. — Famine  and  dis- 
ease in  the  province. — The  people  set  up  looms. — Action  at  Wilming- 
ton.— Liberty  not  dead. — Dr.  Houston  resigns. — Governor  Tryon 
feels  the  people. — Deprecates  independence. — The  reply. — Desire  for 
independence  disclaimed. — The  act  not  observed. — Non -importation. 
— The  people  united. — Conditions  in  England. — British  merchants 
and  manufacturers  clamor  for  repeal. — Pitt. — Camden. — Conditions 
in  America. — No  business  transacted. — The  West  settled. — In  Gran- 
ville's territory. — Judge  Berry  commits  suicide. — The  rising  on  the 
Cape  Fear. — The  people  form  an  association. — They  choose  directors. 
— Fort  Johnston  seized. — Tryon's  house  invaded. — The  act  annulled. 
— Business  resumed. — The  Assembly  prorogued. — The  stamps  stored. 
— The  act  repealed. — London  rejoices. — America  grateful. — Mayor 
DeRosset's  manly  sentiments. — Judge  Moore  suspended. 

Governor  Tryon 
l£l  On  March  28,  1765,  Governor  Dobbs,  who  was  then  pre- 

paring to  depart  for  England,  died  at  his  villa  at  Brunswick, 
and  William  Tryon  assumed  the  reins  of  government  as 
lieutenant-governor,  he  having  qualified  as  such  in  the  pre- 
ceding November.  An  officer  of  the  army  and  a  cultured 
gentleman,  just  turned  thirty-six  years' of  age  and  in  the 
flush  of  vigorous  manhood,  and  in  many  respects  a  master- 
ful man,  he  at  once  gained  the  esteem  of  the  people.  To 
the  Assembly  on  its  meeting  he  promised  his  best  endeavors 
to  render  acceptable  service  to  the  province,  and  declared  that 


c.  R..VII, 


MUTTERINGS  OF  DISCONTENT  311 

he  should  ever  deem  it  equally  his  duty  "to  preserve  the  'Jt5 

people  in  their  constitutional  liberty  as  to  maintain  inviolable 
the  just  and  necessary  rights  of  the  Crown";  and  to  the 
lower  house  in  particular  he  said:  "In  the  integrity  of  my 
heart  I  must  declare  I  look  for  neither  happiness  nor  satis- 
faction in  this  country  but  in  proportion  to  the  assistance 
I  meet  with  in  my  endeavors  to  promote  the  prosperity  of 
its  inhabitants."  Events,  however,  were  happening  that 
sorely  perplexed  him.  A  condition  of  unrest  pervaded  the 
province.  In  Mecklenburg  County,  where  Selwyn  had  large  c.  R.,vnt 
tracts  of  land  obtained  from  McCulloh,  many  settlers  had 
located  without  deeds  and  would  not  acknowledge  his  claim  Jj!Sdcn- 
of  ownership,  and  when  his  agent  undertook  to  survey  a  t>urg 
tract  for  widow  Alexander  a  mob  assembled  under  the  leader- 
ship of  Thomas  Polk  and  severely  whipped  and  abused  the 
surveyor,  John  Frohock,  Abraham  Alexander,  and  several 
others  who  were  running  the  line,  destroyed  the  compass,  and 
threatened  young  Henry  Eustace  McCulloh  with  death. 

Toward  the  northern  frontier  there  was  trouble  brewing  JJ^n' 
of  a  different   character.     After   the  adjournment  of  the  Carolina, 
Assembly   in    November,    1764,   reports   reached   Governor     '  *9X 
Dobbs  of  serious  disturbances  in  the  county  of  Orange  result-  SSEJe111 
ing  from  the  exactions  of  the  county  officers,  and  Governor 
Dobbs  issued  a  proclamation   forbidding  any  officer  from 
taking  illegal  fees.    But  this  did  not  arrest  the  evil,  and  the 
agitation  soon  extended  to  Granville.    "A  Serious  Address 
to  the  Inhabitants"  of  that  county  was  issued  in  June,  1765. 
In  it  the  authors  declared  that  "they  were  not  quarrelling 
with  the  form  of  government,   nor  yet  with  the   body  of 
their  laws,  but  with  the  malpractices  of  their  county  officers  8,'    '' 
and  the  abuses  of  those  who  managed  their  public  affairs." 
While  the  frontier  settlements  were  thus  agitated  over  their 
local  matters,  on  the  seaboard  the  people  were  disquieted 
because  of  the  purpose  of  Parliament  to  tax  the  colonies. 

Immediately  on  entering  upon  his  duties  Governor  Tryon  Tryon'* 
reconvened  the  Assembly,  the  meeting  being  held  at  New 
Bern  on  May  3,  1765.     He  urged  that  body  to  institute  a  Jv£;,Yn' 
strict  examination  into  the  condition  of  the  public  funds, 
and  recommended  the  re-enactment  of  the  vestry  act  free 
from  the  objections  made  to  it ;  but  in  doing  so  he  professed 


312  TRYON'S  ADMINISTRATION,  1765-71 

*J**  himself  the  wann  advocate  of  toleration  as  well  as  of  prog- 

c.  r.,  vii,  ress.  Among  other  improvements,  he  suggested  the  estab- 
lishment of  a  post  route  from  Suffolk  to  Wilmington,  where 

c^r.,  vii,  jj  woujci  connect  with  one  to  Charleston.  In  1763  provision 
had  been  made  for  one  year  for  a  post  between  Suffolk  and 
Wilmington.  Now,  at  the  instance  of  the  governor,  the 
Assembly  raised  a  committee  to  make  this  post  route  perma- 
nent, but  for  some  cause  the  committee  was  not  progressive 
and  did  not  carry  out  the  purpose. 

Agreeably  to  the  governor's  suggestions,  a  new  vestry  act 
was  passed.  The  selection  of  ministers  of  the  established 
church  was  to  be  no  longer  with  the  vestries,  but  with  the 
governor,  who  also  had  the  power  to  suspend  them.  On  his 
appointment  the  ministers  were  to  be  received  into  their 
parishes  as  incumbents.  The  vestry  were  to  pay  the  salary 
and  lay  the  taxes  for  that  purpose.  At  this  session  contests 
again  arose  between  the  two  houses. 

In  1759  the  Board  of  Trade  had  instructed  Governor 
Dobbs  that  the  committee  of  correspondence  ought  to  consist 
of  members  of  both  houses,  which  the  lower  house  would 
not  agree  to.  In  1765  the  council  asked  that  all  correspond- 
ence should  be  submitted  to  it,  and  the  house  hotly  denied 

Agent  j  ^  the  request.  Referring  to  this  episode,  Governor  Tryon 
represented  to  the  Board  of  Trade  that  if  the  house  persisted 
in  that  course  the  agent  ought  not  to  be  recognized.  The 
house,  nevertheless,  maintained  its  right;  so  the  agent  was 
suspended  and  was  not  recognized  by  the  Board ;  and  it  was 
not  until  1768  that  a  new  agent  was  appointed. 

There  was  another  contest  over  the  appointment  of  a 
treasurer.  John  Starkey  having  died,  the  lower  house  nom- 
inated Richard  Caswell,  while  the  upper  house  desired  Louis 
Henry  DeRosset,  one  of  the  councillors.  Their  disagree- 
ment was  not  composed  when,  on  the  morning  of  May  18th, 
the  Assembly  was  suddenly  prorogued. 

The  stamp  act 
in  England        ^  vear  jia(j  eiapSe(i  since  Parliament  had  passed  the  reso- 
lution that  it  was  expedient  to  tax  the  colonies.    At  length, 
in  February,  1765,  the  bill  prepared  by  the  ministry  was 
introduced  in  the  House  of  Commons,  where  some  oppo- 


ius|»ended 


THE  STAMP  ACT  313 


sition  was  encountered,  fifty  votes  being  cast  in  the  negative ;  lJ* 

but  in  the  House  of  Lords  there  was  no  division.  On 
March  25th  the  bill  received  the  royal  assent.*  To  the  peti- 
tions of  the  colonies  in  opposition  to  the  measure  it  was 
constantly  replied  that  their  antagonism  was  founded  in  a 
desire  to  sever  their  connection  with  the  mother  country,  i»  America 
and  that  the  issue  should  then  be  met  and  the  dissatisfied 
Americans  should  be  reduced  to  submission.  This,  however, 
was  not  the  spirit  that  animated  the  colonies.  Indeed,  while 
remonstrating,  there  was  no  other  thought  but  of  acqui- 
escence. In  April  New  York  was  still  tranquil  and  Massa- 
chusetts was  not  aroused.  Otis,  the  Boston  leader,  indig-  Bancroft, 
nantly  repelled  the  imputation  that  America  was  about  to 
become  insurgent,  and  declared  it  to  be  "the  duty  of  all 
humbly  and  silently  to  acquiesce  in  all  the  decisions  of  the 
supreme  legislature."  No  one  will  "ever  once  entertain  a 
thought  but  of  submission."  "They  undoubtedly  have  the 
right  to  levy  internal  taxes  on  the  colonies" ;  and  he  solemnly 
declared,  "From  my  soul  I  detest  and  abhor  the  thought  of 
making  a  question  of  jurisdiction." 

The  colonial  agents  in  England,  while  vigorously  opposing 
the  passage  of  the  act,  had  no  other  idea  but  that  it  would  be 
carried  into  successful  operation.  Ingersoll  returned  to  Con- 
necticut as  the  stamp  master,  and  Franklin  recommended 
to  his  friends  to  apply  for  the  places.  In  Virginia  Richard 
Henry  Lee  sought  the  appointment.  Still,  when  the  event 
was  imminent  and  news  came  in  May  that  the  act  was  passed, 
the  people  fell  into  a  ferment.  It  was  a  matter  of  feeling 
rather  than  of  cold  reason.  The  popular  heart  was  moved 
without  regard  to  those  in  public  station. 

The  Assembly  of  North  Carolina  had  on  the  last  day  of  CR-»  VI» 
October,  1764,  declared  that  "we  esteem  it  our  inherent  right 
and  exclusive  privilege  to  impose  our  own  taxes."  Virginia 
a  fortnight  later  had  less  positively  asserted  the  right,  and 
had  argued  that  the  people  of  that  province  "cannot  now 
be  deprived  of  a  right  they  have  so  long  enjoyed" ;  but 
neither  Massachusetts  nor  any  of  the  other  colonies,  had 

♦This  act  not  only  required  the  payment  of  stamp  taxes  but  pro- 
vided for  the  trial  of  offenders  against  the  act  out  of  the  province 
and  without  a  jury. 


314 


TRYON'S  ADMINISTRATION,  1765-71 


1765 

C.R.,VU,i. 
Martin. 
North 
Carolina, 
II,  105 


C.  R.,  VII, 
88 


Wirt,  Life 
Patrick 
Henry,  75 
etseq. 


Sons  of 
Liberty 


claimed  exemption  from  parliamentary  taxation.  But  the  pub- 
lic mind  now  became  agitated,  and  Governor  Tryon,  seeing 
the  trend  of  affairs,  asked  the  speaker  of  the  house  what  the 
people  would  do.  "Resist  unto  blood  and  death,"  was  the 
emphatic  answer  of  Ashe.  Apprehensive  that  the  lower 
house  was  about  to  take  some  action,  the  governor,  on  Sat- 
urday, May  18th,  after  the  house  had  adjourned,  suddenly 
prorogued  the  Assembly  till  November,  the  business  of  the 
Assembly  being  unfinished  and  not  at  all  rounded  up. 

Near  a  fortnight  later  the  session  of  the  Virginia  Assembly 
was  drawing  to  its  close  without  any  action  having  been 
taken  on  the  stamp  act,  when  Patrick  Henry,  who  had  been 
elected  to  fill  a  vacancy,  took  his  seat  as  a  member.  At 
once,  on  May  28th,  he  offered  a  series  of  resolutions  on 
the  subject  and  sustained  them  in  an  impassioned  speech: 
"Caesar  had  his  Brutus;  Charles  I  his  Cromwell,  and 
George  III" — "Treason!  Treason!"  was  echoed  through- 
out the  hall — "may  profit  by  their  example." 

Opposed  by  the  speaker,  by  Pendleton,  Bland,  Wythe,  and 
the  Randolphs,  the  resolutions  were  adopted  by  a  majority  of 
but  a  single  vote;  and  the  next  day  the  last  of  the  resolu- 
tions— the  one  asserting  that  "the  colony  had  the  sole  right 
and  power  to  lay  taxes" — was  expunged  from  the  record. 

When  the  bill  was  before  the  House  of  Commons  Colonel 
Isaac  Barre,  who  had  served  with  Wolfe  in  Canada,  made 
an  eloquent  defence  of  the  colonies,  saying:  "They  planted 
by  your  care!  No;  your  oppressions  planted  them  in 
America.  They  fled  from  your  tyranny.  They  nurtured  by 
your  indulgence !  They  grew  by  your  neglect  of  them.  As 
soon  as  you  began  to  care  for  them,  that  care  was  exercised 
by  sending  persons  to  rule  them — men  whose  behavior  on 
many  occasions  caused  the  blood  of  those  Sons  of  Liberty  to 
recoil  within  them."  A  copy  of  Barre's  speech  was  hurried 
to  New  York,  and  there,  in  June,  was  printed  and  distributed 
by  the  thousands,  while  the  startling  words  of  Henry  were 
being  echoed  throughout  America.  The  people  became 
greatly  inflamed  and  aroused,  and  the  expression  "Sons  of 
Liberty"  was  treasured  from  Massachusetts  to  Georgia.  Still 
as  yet  the  only  thought  was  to  secure  relief  by  petition  and 
remonstrance.    The  Massachusetts  Assembly,  being  then  in 


THE  STAMP  ACT  315 


session,  called  for  an  American  congress,  which  should  con-  *** 

sist  of  committees  appointed  in  the  several  colonies  by  the 
lepresentatives  of  the  people,  to  meet  in  New  York  in  October 
"to  consider  of  a  united  representation  to  secure  relief,"  and  th© 
even  then  the  question  of  exclusive  right  to  tax  the  colonies  ncres* 
was  carefully  avoided.  The  people  watched  and  waited, 
hugging  the  delusion  that  their  English  friends  would  not 
drive  them  to  despair. 

In  England  there  was  no  thought  of  retreat.  The  stamps 
were  prepared  and  stamp  masters  were  appointed  for  every 
colony.  On  July  nth  the  commissioners  of  the  treasury 
appointed  Dr.  William  Houston,  of  Duplin,  stamp  master  for  "°"um, 
North  Carolina.  He  did  not  apply  for  the  position,  and  it  is  master 
probable  that  he  was  appointed  at  the  instance  of  McCulloh, 
for  he  appeared  in  North  Carolina  in  1735  as  McCulloh's 
agent  for  settling  his  grants  on  the  northeast  branch  of  the 
Cape  Fear,  and  for  many  years  remained  in  that  employ- 
ment. The  act  was  to  go  into  operation  on  November  1st, 
and  the  stamps  were  early  sent  to  the  northern  colonies. 
In  October  the  Congress  met.  North  Carolina,  Virginia, 
Georgia,  and  some  other  colonies  were  not  represented,  as 
their  assemblies  could  not  meet  to  send  deputies.  It  formu- 
lated a  remonstrance  and  petition. 

That  summer  was  the  hottest  ever  known  in  North  Caro- 
lina in  the  memory  of  the  inhabitants.  There  was  a  general  c.  rm  vii. 
failure  of  crops :  and  such  was  the  extreme  scarcity  of  pro-  I54 
visions  that  the  slaves  were  fed  on  "cattle  and  apples"  until 
the  potato  crop  matured  in  the  fall.  The  following  June 
vessels  were  prohibited  from  carrying  out  any  breadstuffs, 
except  for  the  necessary  supply  of  the  crews,  and  the 
Assembly  was  prorogued  in  April  because  of  the  scarcity 
of  food.  The  yellow  fever  broke  out  in  New  Bern,  and 
Governor  Tryon  himself  was  seized  by  a  malarial  fever  that 
confined  him  until  late  in  November.  Yet  notwithstanding 
their  other  distresses,  the  stamp  act  held  the  first  place  in 
the  minds  of  the  people.  At  Edenton  and  New  Bern,  as 
well  as  at  Wilmington,  the  inhabitants  adopted  strong  reso- 
lutions expressing  their  utter  abhorrence  of  the  odious  act, 
and  to  manifest  their  indignation  and  purpose  "the  people  of 
North  Carolina  set  up  looms  for  weaving  their  own  clothes." 


3i6 


TRYON'S  ADMINISTRATION,  1765-71 


1765 

North 
Carolina 
Gazette 
Nov.  90,1765 


C.  RM  VII, 
123- 125 


Proceeding! 

M 

Wilmington 


Houston 
resigns 


Nor  did  their  demonstrations  stop  there.  On  October  19th 
"near  five  hundred  people  assembled  at  Wilmington  and  ex- 
hibited the  effigy  of  a  certain  honorable  gentleman;  and 
after  letting  it  hang  by  the  neck  for  some  time  near  the 
court-house,  they  made  a  large  bonfire  with  a  number  of  tar 
barrels  and  committed  it  to  the  flames.  The  reason  assigned 
for  the  people's  dislike  to  that  gentleman  was  from  being 
informed  of  his  having  several  times  expressed  himself  much 
in  favor  of  the  stamp  duty.  After  the  effigy  was  consumed 
they  went  to  every  house  in  town  and  brought  all  the  gentle- 
men to  the  bonfire,  and  insisted  upon  their  drinking,  'Liberty, 
property,  and  no  stamp  duty,  and  confusion  to  Lord  Bute 
and  all  his  adherents/  giving  three  huzzas  at  the  conclusion 
of  each  toast."  This  assemblage  probably  marked  the  for- 
mation of  the  Sons  of  Liberty  on  the  Cape  Fear,  and  was 
composed  of  the  people  of  New  Hanover  and  the  adjoining 
counties. 

"On  October  31st  another  great  number  of  people 
assembled  at  Wilmington,  and  produced  an  effigy  of  Liberty, 
which  they  put  into  a  coffin,  and  marched  in  solemn  pro- 
cession with  it  to  the  churchyard,  a  drum  in  mourning 
beating  before  them,  and  the  town  bell,  muffled,  ringing 
a  doleful  knell  at  the  same  time ;  but  before  they  committed 
the  body  to  the  ground  they  thought  it  advisable  to  feel  its 
pulse,  and  when  finding  some  remains  of  life  they  returned 
back  to  a  bonfire  ready  prepared,  placed  the  effigy  before  it 
in  a  large  two-armed  chair,  and  concluded  the  evening  with 
great  rejoicings  on  finding  that  Liberty  had  still  an  existence 
in  the  colonies." 

Dr.  Houston,  on  November  16th,  came  to  Wilmington, 
and  the  people,  three  or  four  hundred  in  number,  immediately 
gathered  together  with  drums  beating  and  colors  flying  and 
carried  him  into  the  court-house,  where  he  signed  a  resig- 
nation, which  was  followed  by  great  demonstrations;  and  in 
the  evening  "a  large  bonfire  was  made  and  no  person 
appeared  in  the  streets  without  having  'Liberty'  in  large 
capital  letters  in  his  hat;  and  they  drank  in  great  form  all 
the  favorite  American  toasts,  giving  three  cheers  at  the 
conclusion  of  each."    In  Cumberland,  at  New  Bern,  and  at 


TRYON'S  DINNER  TO  THE  LEADERS  317 

his  own  home  in  Duplin,  the  people  made  similar  demonstra-  ffi 

tions  and  hung  Dr.  Houston  in  effigy  and  then  burned  the 
effigy. 

Governor  Tryon,  who  was  now  somewhat  recovered  from  c.r.,vii, 
his  protracted  illness,  seeing  the  determination  of  the  people,  "7"I3° 
sent  out  circular  letters  to  about  fifty  of  the  principal  inhabi- 
tants, requesting  their  presence  at  dinner  with  him  on 
November  18th.  In  his  interview  with  these  gentlemen  the 
governor  expressed  his  "hope  that  no  violence  would  be 
attempted  in  case  the  stamps  should  at  any  time  arrive  in  the 
province" ;  and  also  he  hoped  "that  none  in  this  province  were 
desirous  of  destroying  the  dependence  on  the  mother 
country."  He  mentioned  "the  impossibility  of  the  stamp  act 
operating  in  all  its  parts  in  this  province,  where  the  whole 
cash  of  the  country  would  scarcely  pay  a  single  year  of  the 
tax,"  and  declared  his  intention  of  making  such  representa- 
tions that,  whether  the  act  were  repealed  or  not,  there  would 
be  a  favorable  indulgence  and  exemption  of  this  colony; 
and  as  an  inducement  for  allowing  the  act  to  have  effect  in 
part,  he  "generously  offered  to  pay  himself  the  whole  duty 
arising  on"  certain  instruments. 

The  next  morning  the  gentlemen  waited  on  the  governor 
with  their  reply,  saying:  "We  cannot  but  applaud  the  happy 
distinction  of  this  province,  which  has  a  governor  so  studious 
of  promoting  and  so  well  satisfied  to  prosecute  its  advan- 
tages and  prosperity."  They  disclaimed  "any  desire  to  inter-  J$**%£* 
rupt  or  weaken  the  connection  between  Great  Britain  and  cveRUlvii 
her  colonies,"  but  declared  that  "we  cannot  assent  to  the  "9 
payment  of  the  smaller  stamps ;  an  admission  of  part  would 
put  it  out  of  our  power  to  refuse  with  any  propriety  a  sub- 
mission to  the  whole;  and  as  we  can  never  consent  to  be 
deprived  of  the  invaluable  privilege  of  a  trial  by  jury,  which 
is  one  part  of  that  act,  we  think  it  more  consistent  as  well 
as  securer  conduct  to  prevent  to  the  utmost  of  our  power 
the  operation  of  it."  The  governor  in  his  reply  regretted 
that  his  intentions  of  service  to  the  province  at  this  junction 
had  so  little  prospect  of  success,  and  lamented  the  conse- 
quences he  apprehended  from  the  resolution  the  gentlemen 
had  adopted. 

Such  was  the  spirit  of  the  Cape  Fear  gentlemen,  openly 


3i8 


TRYON'S  ADMINISTRATION,  1765-71 


1765 


C.  R.,  VII, 
*43 


The  spirit 
of  America 


The  king 
resolute 


.  1766 


Camden 


avowing  their  purpose  not  to  permit  the  operation  of  the 
act  in  any  particular;  and  all  the  counties  of  the  province 
were  in  full  sympathy  with  them.  Ten  days  after  the  dinner, 
and  after  Houston  had  resigned,  some  stamps  arrived  at 
Brunswick  on  the  sloop-of-war  Diligence,  but  because  of  the 
situation  of  affairs  they  remained  on  board  that  vessel  until 
her  departure  in  the  spring. 

Contemporaneously  with  these  proceedings  in  North  Caro- 
lina, the  merchants  of  New  York  City  entered  into  a  reso- 
lution not  to  import  any  goods  until  the  stamp  act  was 
repealed.  Elsewhere  their  example  was  followed;  and  the 
people  organized  themselves  into  associations,  taking  the 
name  applied  to  them  by  Colonel  Barre  in  Parliament,  "Sons 
of  Liberty."  A  patriotic  fervor  possessed  the  people,  and 
even  before  importations  had  ceased  they  discarded  clothing 
of  British  manufacture  and  began  to  wear  the  homespun 
of  the  country.  Rich  and  poor,  those  of  the  highest  social 
and  political  station  as  well  as  the  humblest  citizens,  joined 
in  the  cry  of  "Liberty,  property,  and  no  stamps."  Never 
were  the  people  so  united ;  there  was  but  one  voice — to  resist. 
In  December  Gadsden,  of  South  Carolina,  wrote:  "The 
whole  force  of  North  Carolina  was  ready  to  join  in  pro- 
tecting the  rights  of  the  continent,"  and  in  January  the 
Sons  of  Liberty  in  New  York  resolved  "that  they  would 
march  to  the  relief  of  those  in  danger  of  the  stamp  act." 
Such  was  the  sentiment  that  prevailed  throughout  the 
colonies. 

In  England  other  matters  of  serious  import  stirred  the 
court  and  divided  the  people,  and  changes  in  the  ministry 
were  frequent.  But  at  length  the  attitude  of  the  colonists 
arrested  attention  ;  and  merchants  and  manufacturers,  aghast 
at  the  possible  consequences  to  their  business,  united  their 
clamors  with  those  of  the  Americans  for  repeal.  The  king, 
nevertheless,  was  resolute,  and  when  Parliament  opened  on 
January  14th  he  informed  it  that  "orders  had  been  issued 
for  the  support  of  lawful  authority."  Pitt,  however,  declared 
emphatically  that  Parliament  had  no  right  to  tax  the  colonies, 
and  like  a  clap  of  thunder  he  startled  the  house  when  he 
exclaimed,  "I  rejoice  that  America  has  resisted."  In  the 
House  of  Lords  Camden  spoke  with  equal  strength.     But 


THE  STAMP  ACT  REPEALED  319 

at  first  they  were  overborne.    The  purpose  to  maintain  the  ffi 

omnipotence  of  Parliament  was  fixed.  But  politics  were  in 
a  turmoil,  and  changes  in  the  ministry  suddenly  occurred. 
A  month  after  the  session  began  Conway,  now  in  the  min-  Conway 
istry,  moved  for  leave  to  bring  in  a  bill  to  repeal  the  act.  He  urge*  repeal 
declared  that  it  had  interrupted  British  commerce  and  de- 
stroyed one-third  of  the  manufactures  of  Manchester — had 
thrown  thousands  of  poor  out  of  employment,  and  that  to 
assist  the  Americans,  France  and  Spain  would  engage  in 
war  with  Britain.  Amid  great  excitement,  despite  the  oppo- 
sition of  the  king,  leave  was  given  by  a  vote  of  275  to  167. 
The  first  step  to  repeal  was  taken. 

The  new  year  opened  in  America  with  all  in  a  state  of 
suppressed  excitement.  The  act  had  not  been  operative. 
The  courts  were  either  closed  or  transacted  little  business. 
Newspapers  were  published  on  unstamped  paper  and  ships 
sailed  without  legal  clearances.  It  was  a  condition  of  un- 
armed rebellion. 

Open  rebellion  on  the  Cape  Fear 

In  North  Carolina,  Tryon  having  received  his  commission  ^ion 
as  full  governor,  on  December  21st  dissolved  the  Assembly  Feb.,  1766 
and  issued  writs  for  the  election  of  new  members.    The  elec-  133.  u*  154 
tion  was  held  in  the  midst  of  excitement  on  February  nth, 
and  the  legislature  was  to  convene  April  22d.    Writing  in 
January  from  New  Bern,  Rev.  Mr.  Reed  said :  "The  people 
here  are  peaceable  and  quiet,  yet  they  seem  very  uneasy,  dis- 
contented and  dejected.    The  courts  of  justice  are  in  a  great 
measure  shut  up,  and  it  is  expected  that  in  a  few  weeks  there 
will  be  a  total  stagnation  of  trade. "    On  Christmas  Tryon 
wrote  home :  "The  obstruction  to  the  stamp  act   .    .    .   has   114 
been  as  general  in  this  province  as  in  any  colony  on  the 
continent.   .    .    .   No  business   is   transacted   in   the   courts 
.    .    .   though   .    .    .   regularly  opened,  and  all  civil  gov-   At  the  west 
ernment  is  now  at  a  stand."     Such  was  the  situation  in  the 
east.    At  the  west  not  a  man  favored  the  stamp  act ;  but  that 
matter  was  not  so  interesting  on  the  frontier  as  in  the  marts 
of  trade.     Ten  years  of  peace  had  brought   renewed  im- 
migration from  the  north.  A  settlement  from  New  Jersey  was 
made  on  the  Yadkin.     The  Moravians  received  accessions, 


320  TRYON'S  ADMINISTRATION,  1765-71 

2jJ5  and  had  engaged  in  manufactures.    "They  have  mills,  forges, 

furnaces,  potteries,  foundries,  all  trades  and  things  in  and 
among  themselves."    They  drew  copper  from  the  neighbor- 

c.  r.,  vii,    ing  mines.    'They  are  all  bees,  not  a  drone  suffered  in  the 

**s  hive;  what  they  do  not  consume  they  sell  in  the  adjacent 

territory,,,  receiving  for  their  products  furs  and  peltry,  which 
they  send  off  to  Virginia  and  into  South  Carolina,  obtaining 
in  return  rum,  sugar,  linen  and  woollen  goods,  pewter  and  tin 
wares  and  other  necessaries.  While  this  development  was 
being  made  at  Bethabara,  Rowan  and  Mecklenburg  counties 
were  being  occupied.  During  the  fall  and  winter  of  1765  a 
thousand  wagons  passed  through  Salisbury,  and  the  people 
were  clearing  the  forests  seventy  miles  west  of  Fort  Dobbs 
and  forty  miles  beyond  the  Catawba. 

Granviii •  *n  Granville's  territory  the  land  offices  were  closed  on  the 

territory  death  of  Lord  Granville  in  1763,  and  his  heir  and  successor 
had  not  yet  opened  them  again.  Some  of  the  occupants  of 
his  lands  dreaded  the  expected  reopening,  because  of  the 
abuses  of  his  agents ;  while  others  were  discontented  because 
they  could  not  obtain  titles  to  the  premises  they  had  im- 
proved. The  grievances  of  the  people  in  the  back  country 
continuing,  the  movement  for  redress  progressed,  securing 

c.  r.vii,  the  adherence  of  many  of  the  inhabitants.  Specie  was  very 
scarce,  and  while  even  the  merchants  estimated  that  because 
of  the  great  growth  of  the  province  £200,000  of  paper 
currency  was  needed,  the  amount  outstanding  was  only 
£75,000.  Necessarily  there  was  great  pecuniary  distress. 
Such  was  the  general  condition  of  the  province — unrest  at 
the  west,  insufficient  currency,  civil  government  at  a  stand, 
and  the  Sons  of  Liberty  holding  together,  not  knowing  what 
a  day  might  bring  forth. 

Another  event  added  to  the  gloom  on  the  Cape  Fear — 
the  suicide  of  Chief  Justice  Berry.  On  March  18,  1765,  a 
duel  occurred  between  Lieutenant  Whitehurst  and  Alexander 
Simpson,  master,  both  of  the  British  sloop  Viper,  the  cause 

c.  r.,  vn,  Qf  which  was  said  to  have  been  some  woman.  Simpson  was 
wounded  and  Whitehurst  killed.  Simpson  was  apprehended, 
but  the  night  before  Governor  Dobbs  died  he  made  his  escape 
from  jail  and  fled  to  Virginia.  He  was  subsequently  taken 
and  put  on  trial  at  New  Bern,  where  Chief  Justice  Berry 


SEIZURE  OF  THE  DO  BBS  AND  THE  PATIENCE      321 

held  the  court.    The  case  was  tried  before  the  arrival  of  all  ]& 

of  the  witnesses  for  the  prosecution,  and  Simpson  was  ac- 
quitted, at  which  the  governor  manifested  much  displeasure. 
When,  on  December  20th,  the  governor  called  a  council  at 
Wilmington  to  qualify  under  his  new  commission,  Judge  Deathof 
Berry,  on  being  notified  to  attend,  conceived  that  the  council  J,,dge  Berry 
was  called  for  the  purpose  of  suspending  him,  and  was  so  im- 
pressed with  the  belief  that  he  at  once  shot  himself  in  the 
head,  and  after  lingering  eight  days  died.    The  melancholy  Jj0R,,VI1, 
affair  was  greatly  regretted.     To  succeed  Berry,  Governor 
Tryon  commissioned  James  Hasell  as  chief  justice.    He  was 
the  senior  member  of  the  council  and  had  at  different  times 
filled  the  office  of  chief  justice  for  seven  years.    At  the  same 
time,  in  January,  1766,  he  appointed  Robert  Howe  an  associ- 
ate judge. 

Thus  far  Tryon  had  managed  so  astutely  that  there  had 
been  no  clashing  with  the  people.    But  it  could  not  be  averted. 

In  January  two   merchant  vessels,   the   Dobbs  and  the  J&^y/11, 
Patience,  came  into  the  Cape  Fear  and  were  seized  because 
their  clearance  papers  were  not  duly  stamped,  and  were 
held  by  the  British  men-of-war,  the  Diligence  and  the  Viper. 
At  once  the  patriots  of  that  region  were  aroused  and  demand  oJ5£iina 
was  made  for  their  release.    The  matter  was  referred  to  the  £*Je"5'  „ 
attorney-general,  Robert  Jones,  who  was  at  his  home  on  the 
Roanoke,  and  during  the  delay  the  leaders  of  the  people 
arranged  their  plans.    The  mayor  of  Wilmington  resigned 
and  Moses  John  DeRosset,  a  strenuous  opposer  of  the  act. 
was  elected  in  his  place.    The  people  of  Onslow,  Duplin,  and  w*dJS\d 
Bladen  were  brought  together  at  Wilmington  to  meet  those  ^iiionpen 
of  New  Hanover  and  Brunswick,  and  they  entered  into  an 
association.     ''Detesting  rebellion,  yet  preferring  death   to  The 
slavery,   .    .    .  we  hereby  mutually  and  solemnly  plight  our     ssociatlon 
faith  and  honor  that  we  will  at  any  risk  whatever,  and  when- 
ever called  upon,  unite  and  truly  and  faithfully  assist  each 
other  to  the  best  of  our  power  in  preventing  entirely  the 
operation  of  the  stamp  act."    On  the  next  day,  February  18th,  £!£ 
the  people  chose  John  Ashe  the  speaker,  Alexander  Lilling- 
ton  and  Colonel  Thomas  Lloyd  "directors  to  direct  the  move- 
ment."    General  Hugh  Waddell  was  appointed  to  marshal 
and  command  the  citizen  soldiery,  of  whom  six  hundred  were 


322 


TRYON'S  ADMINISTRATION,  1765-71 


17ft 


C.R..VII, 
17a  ft  ttq. 


The 

Diligtnce 
and  the 

defied 


C.  P.,  VII, 
178 


Fort 

Joh  niton 

seized 

C.  R..VII, 

186 


The  council 


armed,  while  there  were  one  hundred  of  the  people  unarmed. 
The  purpose  was  to  secure  the  liberation  of  the  detained 
vessels,  and  they  resolved  to  march  to  Brunswick  and  require 
their  release  and  prevent  the  operation  of  the  stamp  act  in 
any  particular.  It  was  an  orderly  movement  of  the  people, 
organized  under  civil  authority  of  their  own  appointment, 
with  the  military  subordinate  to  the  directory,  at  the  head  of 
which  was  the  speaker  of  the  Assembly.  Accompanying  the 
directors  were  the  mayor  and  corporation  of  Wilmington, 
and  gathered  around  them  were  all  the  gentlemen  of  the  Cape 
Fear — a  cavalcade  of  patriots  intent  on  a  high  purpose  and 
full  of  high  resolve.  As  a  measure  of  this  incipient  war  the 
inhabitants  of  Wilmington  determined  that  no  provisions 
should  be  furnished  to  the  British  cruisers,  and  when  the 
contractors'  boat  came  to  the  town  for  supplies  they  seized 
the  crew  and  threw  them  into  jail,  and  with  a  great  demon- 
stration hauled  the  boat  through  the  town  in  triumphal 
procession. 

The  directors  sent  by  Harnett  and  Moore  a  letter  notifying 
Governor  Tryon,  who,  after  Dobbs's  death,  resided  at  Bruns- 
wick, that  they  proposed  him  no  personal  harm,  but  were 
coming  to  right  their  wrongs ;  and  forward  the  companies 
marched,  Waddell's  patriotic  soul  flaming  high  as  he  reso- 
lutely led  them  on  to  their  act  of  treason  and  flagrant 
rebellion. 

Quickly  a  detachment  seized  Fort  Johnston;  quickly  the 
public  offices  were  invaded  and  the  papers  of  the  detained 
vessels  obtained.  But  yet  the  vessels  were  held  by  the  men- 
of-war.  Recognizing  that  a  crisis  was  reached,  the  king's 
officers  determined  to  stand  by  the  colors  of  his  Majesty 
to  the  last.  There  was  to  be  no  yielding  to  the  insurgents. 
At  noon  on  the  20th  a  council  was  held,  attended  by  the 
governor  and  all  of  the  British  officers;  and  Captain  Lobb, 
the  senior  naval  officer,  declared  his  unalterable  purpose  to 
hold  the  ship  Patience  and  to  require  a  return  of  her  papers, 
which  the  insurgents  had  taken.  And  so  it  was  agreed  by 
the  governor  and  all.  But  in  the  afternoon  a  party  of  the 
insurgents — doubtless  the  directors,  Waddell,  Harnett,  James 
and  Maurice  Moore,  Mayor  DeRosset  and  the  corporation 
of  Wilmington — boarded  the  ship  of  war  Diligence,  and 


RELEASE  OF  THE  DO  BBS  AND  THE  PATIENCE       323 

there,  under  the  royal  flag,  surrounded  by  his  Majesty's  *& 

officers,  they  made  demand  upon  Captain  Lobb  to  surrender 
the  vessels  and  abandon  any  purpose  to  sustain  the  stamp 
act.  What  passed  is  not  recorded ;  but  in  the  evening  Cap- 
tain Phipps,  of  the  Viper,  came  on  shore  and  reported  to  the 
governor  that  "all  was  settled/'  The  vessels  were  released.  /££>«« 
The  people  had  redressed  their  grievances.  The  stamp  act  ******** 
was  not  to  be  enforced  in  any  particular.  The  governor  was 
indignant,  disgusted,  but  powerless. 

The  collector,  the  comptroller,  the  clerks,  and  other  pro-  J^JJJJJjy* 
vincial  officers,  one  of  them,  William  Pennington,  being  taken 
by  Harnett  from  the  residence  of  Governor  Tryon,  were 
now  brought  with  great  formality  all  together,  at  the  centre 
of  a  circle  formed  by  the  people,  and  there  were  constrained 
to  make  public  oath  never  to  perform  any  duty  with  regard 
to  the  stamps.  The  stamp  act  being  thus  annulled  in  North 
Carolina,  in  triumph  the  people  returned  to  their  homes  vic- 
tors over  the  governor  and  the  king's  forces. 

The  effect  of  this  bold  and  determined  movement,  that  had 
no  exact  parallel  in  any  other  colony — for  first  the  people 
ordained  a  government  with  authority  to  direct  and  secondly 
they  organized  a  military  force  subordinate  to  the  directory — 
resulting  in  the  full  accomplishment  of  the  purpose  designed, 
must  have  been  lasting  on  the  minds  of  the  people.  It 
established  the  leaders  still  more  in  public  confidence,  for 
successful  achievements  appeal  strongly  to  the  popular  heart. 
It  also  brought  home  to  the  people  the  value  of  organized 
resistance  and  prepared  them  to  take  resolute  action  when 
at  a  later  day  their  rights  and  liberties  were  again  invaded. 
With  this  experience,  under  the  same  chieftains,  they  were 
the  more  easily  marshalled  to  sustain  the  measures  of  1775 
in  open  revolt  from  the  dominion  of  the  mother  country. 
The  submission  of  Tryon  and  of  the  king's  naval  forces  to 
their  power,  the  remembrance  of  that  glorious  triumph  easily 
paved  the  way  for  their  formation  of  military  companies  in 
March,  1775,  for  the  destruction  of  Fort  Johnston,  and  the 
expulsion  of  Governor  Martin  from  the  soil  of  the  province. 

After  that  no  attempt  was  ever  made  to  observe  the  stamp 
act  in  North  Carolina.  The  governor  and  all  public  officers 
abandoned  the  contest.    Vessels  sailed  in  and  out  as  before 


3^4 


TRYON'S  ADMINISTRATION,  1765-71 


!7« 


C.  R.,  VII, 
188 


Houston 

Sives  up  his 
ocuments 


In 
Parliament 


The  act 

repealed 


Rejoicing;  in 
London 


the  act  was  passed.  The  business  of  the  courts  was  resumed, 
and  the  act  was  entirely  disregarded. 

But  as  the  Assembly  was  to  meet  in  April,  on  February  26th 
the  governor  prorogued  it  till  November,  and  he  declared 
his  purpose  not  to  allow  any  Assembly  to  meet  until  he  had 
received  further  instructions  from  the  king.  On  April  15th 
Dr.  Houston  again  appeared  at  Wilmington,  and  there  he 
was  forced  to  surrender  to  Mayor  DeRosset  his  commis- 
sion and  his  instructions.  The  Diligence  having  been 
ordered  to  depart,  the  boxes  of  stamps  were  transferred 
at  the  end  of  March  to  the  Viper,  and  later  were  deposited 
in  Fort  Johnston,  where  they  remained  until  sent  back  to 
England. 

Proceedings  similar  to  those  in  North  Carolina  took  place 
in  all  the  colonies,  but  nowhere  else  was  there  equal  bold- 
ness and  resolution  in  action ;  yet  in  every  province  the  law 
had  been  entirely  annulled  by  popular  resistance.  Still  the 
issue  was  undetermined,  and  America,  in  an  attitude  of 
defiance,  waited  with  anxiety  for  news  from  England. 

Although  the  House  of  Commons,  responsive  to  the  de- 
mands of  British  trade  and  commerce,  had  expressed  a  will- 
ingness to  repeal  the  stamp  act,  yet  Parliament  was  by  no 
means  ready  to  abandon  its  alleged  right  to  tax  the  colonies. 
Pari  passu  with  Conway's  bill  for  repeal,  another,  declaring 
the  absolute  power  of  Parliament  to  bind  the  colonies  in 
all  cases  whatsoever,  was  rushed  through  the  two  houses; 
and  in  the  House  of  Lords  the  repeal  bill  met  with  strenuous 
opposition  and  protests,  but  finally,  on  March  18th,  it  re- 
ceived the  unwilling  and  sullen  assent  of  the  king.  The 
multitude,  however,  applauded.  There  was  great  rejoicing 
in  London,  the  vessels  on  the  Thames  displayed  all  their 
colors,  the  church  bells  rang  out  joyous  peals,  and  at  night 
the  city  was  illuminated  with  bonfires,  and  all  the  principal 
houses  were  lighted  from  within.  The  swiftest  vessels 
hurried  the  news  across  the  Atlantic,  where  it  was  received 
with  public  demonstrations  of  universal  gladness  and  heart- 
felt patriotism.  So  sudden  a  popular  revulsion  from  appre- 
hension and  defiance  to  gratitude  and  loyalty  is  without  a 
parallel  in  history.  The  colonists  at  once  rescinded  their 
resolves  of  non-importation,  gave  their  homespun  clothes  to 


n 


1.  North  Carolina  Currency,  17W   *j.  North  Carolina  Currency,  1776 

8.  Edmund  Fanning 

4.  Monument  to  the  Regulators 


STAMP  ACT  REPEALED  IN  AMERICA  325 

the  poor,  and  turned  their  attention  once  more  to  their  local  7*f 

concerns.  Throughout  North  Carolina  there  was  great  rejoic- 
ing. At  New  Bern  the  gentlemen  met  at  the  court-house  to 
celebrate  the  event.  An  elegant  dinner  was  served  in  com- 
mon-hall, Cornell  presiding.  Many  toasts  "were  drank  un-  JSSnbu 
der  a  display  of  colors  and  other  ensigns  of  Liberty,  among  g»*ef»i 
them,  toasts  to  Camden,  Pitt  Conway  and  Barre ;  'the  Liberty 
of  the  Press' ;  'the  Governor  and  the  Province' ;  the  whole 
conducted  with  great  good  order,  decency  and  decorum." 
The  day  concluded  with  a  ball  in  the  court-house  "and  the  s.CGaaetic 
evening  was  most  happily  and  agreeably  spent."  At  length  Aug*  * 177t 
on  June  13th  Governor  Tryon  received  official  intelligence 
of  the  repeal,  and  a  week  later  Moses  John  DeRosset,  mayor  caR»  VII» 
of  Wilmington,  on  behalf  of  the  corporation,  addressed 
formal  congratulations  to  the  governor.  In  the  course 
of  subsequent  correspondence  DeRosset  and  the  other  gentle- 
men at  Wilmington  declared  that  they  were  well  assured 
that  the  governor's  conduct  had  always  been  regulated 
by  no  other  motive  than  a  generous  concern  for  the 
public  good.  Still  there  was  no  abatement  of  manly  expres- 
sion, and  in  regard  to  their  own  action  they  pointedly  said : 
"Moderation  ceases  to  be  a  virtue  when  the  liberty  of  British 
subjects  is  in  danger."  Thus  in  the  general  rejoicing,  while 
there  was  no  admixture  of  bitterness  for  Tryon,  there  was 
asserted  a  resolution  to  maintain  the  rights  of  the  people 
as  British  subjects;  and  Governor  Tryon  afterward  men- 
tioned that  only  one  person  connected  with  the  uprising  on 
the  Cape  Fear  ever  expressed  any  regret  at  his  action,  and 
he  was  not  a  native  of  the  province. 

While  all  of  the  gentlemen  of  the  Cape  Fear  had  taken  a 
pronounced  part  in  these  stamp  act  proceedings,  the  governor 
manifested  his  displeasure  at  the  action  of  Maurice  Moore 
alone.  He  was  assistant  judge  for  the  district  of  Salisbury, 
and  because  of  his  intemperate  zeal  and  conduct  in  opposi- 
tion to  the  act  the  governor  suspended  him,  and  on 
March  7th  appointed  Edmund  Fanning  to  the  vacancy.  In 
addition  to  his  personal  participation  in  the  expedition  to 
Brunswick,  Moore  had  published  a  pamphlet  showing  that 
the  colonists  "arc  constitutionally  entitled  to  be  taxed  only  by 
their  own  consent." 


CHAPTER  XXII 
Tryon's  Administration,  1765-71 :    The  Regulation 

Murmurs  from  the  west— The  governor's  proclamation.— The 
reform  movement. — The  general  polity  of  the  province. — Tryon's 
action. — Purpose  of  the  reformers. — Removal  of  the  Tuscaroras. — 
The  Assembly  meets — November,  1766. — The  burden  too  heavy  to 
bear.— The  address  to  the  king. — The  southern  treasurer. — No 
provincial  agent. — The  governor's  palace. — The  seat  of  government. 
— Presbyterian  ministers  to  perform  marriage  ceremony. — The 
Cherokee  line. — The  Watauga  settlement. — The  need  of  currency. — 
New  legislation. — The  speakers  to  be  gowned. — Tryon  joins  in  ask- 
ing for  currency. — New  custom  duties  proposed. — The  Assembly 
prorogued. — The  Regulators  associate. — The  meetings. — Oath-bound. 
— Hillsboro  raided. — Consternation  of  the  officers. — Rev.  George 
Micklejohn  the  peacemaker. — The  governor  advises  an  appeal  to 
the  Assembly. — Fanning  seizes  Husband. — The  people  aroused. — A 
petition  to  the  Assembly. — Presented  to  the  governor. — His  reply. 
— He  reaches  Hillsboro. — Sends  Harris  to  collect  taxes. — Harris's 
report. — Hillsboro  threatened. — Disturbing  rumors. — The  agreement. 
— The  voice  of  Anson. — Trouble  in  Johnston. — The  governor's  de- 
mands.— The  army  of  1768. — The  Presbyterian  ministers  support 
the  governor. — The  march  to  Hillsboro. — The  Regulators  embody. 
— The  governor's  terms. — The  malcontents  disperse. — The  court 
held. — Tryon  desires  to  leave. — Regulators'  address. — Resolve  of 
Assembly. — Remedial  legislation  proposed. — Hillsboro  riots. — Riot 
act. — Alamance. — The  battle. — The  trials  and  executions. 

Murmurs  from  the  west 

L7^  On  June  25,  1766,  Governor  Tryon,  happy  at  the  turn  of 

affairs,  issued  a  proclamation  announcing  the  repeal  of  the 
stamp  act  and  on  the  same  day,  in  pursuance  of  particu- 
lar instructions  received  from  the  Crown,  he  issued  a  procla- 
mation in  the  king's  name,  stating  that  complaints  had  been 
made  that  exorbitant  fees  have  been  demanded  and  taken,  to 
the  great  dishonor  of  the  king's  service  and  the  prejudice  of 

usf^'ia  the  public  interest ;  and  all  public  officers  whatever  in  their 
respective  stations  throughout  the  province  were  forbidden 
"to  receive  any  other  fees  than  those  established  by  proper 
authority  on  pain  of  being  removed  from  their  offices  and 
prosecuted  with  the  utmost  severity  of  the  law."     On  the 


THE  REFORM  MOVEMENT  327 

same  day,  because  of  the  extraordinary  want  of  provisions  ^ 

in  the  province,  it  was  determined  that  the  General  As- 
sembly should  not  then  be  convened,  but  should  stand  pro- 
rogued until  October. 

While  the  eastern  part  of  the  province  now  returned  to  a  c.  r.,vii, 
happy  quietude,  the  disturbed  conditions  at  the  west  were  *49'  *5° 
not  allayed.    In  August  the  leaders  of  the  reform  movement 
in  the  county  of  Orange  issued  an  advertisement,  referring 
to  the  success  of  the  Sons  of  Liberty  in  withstanding  the  Reform 

_,-__,.  ,  '     ,  f  .,«  movement 

Lords  of  Parliament,  and  proposing  that  each  neighbor-  at  the  west 
hood  throughout  the  county  should  meet  and  appoint  one 
or  more  men  to  attend  a  general  meeting  at  Maddock's  Mills, 
"at  which  meeting  let  it  be  judiciously  inquired  whether  the 
free  men  of  this  country  labor  under  any  abuses  of  power," 
and  proposing  to  call  upon  all  persons  in  office  to  give  an  ac- 
count of  their  stewardship,  a  proceeding  similar  to  the  town- 
ship meetings  immemorially  held  in  Massachusetts.  On 
October  10th  such  a  meeting  was  held,  but  none  of  the  1766 
officers  appeared  as  requested.  Disappointed  in  this  first 
attempt,  both  at  the  lukewarmness  of  the  people  and  the 
non-attendance  of  the  officers,  the  leaders  proposed  that  an- 
other conference  should  be  called,  and  the  practice  be  main- 
tained, believing  that  "on  further  matured  deliberation  the  in- 
habitants will  more  generally  see  the  necessity  of  it  and  the 
number  increase  in  favor  of  it  to  be  continued  yearly." 

The  complaints  of  these  people  were  because  of  the  admin-  JJ}f  **" ^jj| 
istration  of  local  affairs.    The  general  polity  of  the  province  £r0Rncvn 
was  the  outcome  of  circumstances.    The  king  appointed  the  47a  «f  j**.' 
governor,  the  chief  justice  and  the   attorney-general,  the 
first  two  of  whom  being  sent  from  England  while  the  last 
had  been  appointed  from  among  the  citizens.    The  council 
was  a  continuing  body,  appointed  by  the  Crown,  and,  as  none 
had  ever  been  removed,  holding  for  life.    From  BurringtoVs 
administration   appointments   had    been   made   only   to   fill 
vacancies  caused  by  death  or  removal  from  the  province. 
When  a  vacancy  occurred,  the  governor  made  a  temporary 
appointment  until  the  Crown  could  act.    A  part  of  the  ex- 
penses of  the  administration  was  paid  by  the  quit  rents; 
but  generally  the  needs  of  government  were  met  by  taxes 
assessed  by  the  Assembly.     There  was  no  tax  on  land  or 


328  TRYON'S  ADMINISTRATION,  1765-71 

JJ^  property,  only  on  the  poll  and  on  some  minor  subjects  of 

taxation.  As  the  expenses  increased,  the  poll  taxes  were 
multiplied  and  became  grievous,  especially  in  the  frontier 
counties,  where  the  people  were  without  market  for  their 
produce  and  had  no  currency  and  many  of  them  were  poor. 

There  were  five  judicial  districts,  for  each  of  which  an 
associate  judge  was  appointed  by  the  governor;  and  while 
the  associate  for  the  Salisbury  District  alone  was  required 
to  be  a  lawyer  by  profession,  yet  all  of  these  associates  were 
lawyers.  To  each  district  court  there  were  two  clerks,  one 
for  civil  causes  appointed  by  the  chief  justice,  the  other  the 
clerk  of  the  Crown  for  criminal  cases,  appointed  by  the 
secretary  of  the  province. 

There  was  a  court  for  each  county,  pleas  and  quarter 
sessions,  held  by  the  justices  of  the  peace,  and  to  each  of 
these  courts  there  were  likewise  two  clerks,  one  for  civil 
causes  and  the  other  the  clerk  of  the  Crown.  The  appoint- 
ment of  the  first  was  with  an  officer  of  the  province,  denomi- 
nated "The  clerk  of  the  pleas'' ;  the  clerks  of  the  Crown  were 
appointed  by  the  secretary  of  the  province.  Oftentimes  one 
person  filled  both  offices.  The  sheriffs  of  the  different 
counties  were  annually  appointed  by  the  governor,  but  hei^ 
was  confined  to  select  from  among  three  persons  recom- 
mended by  the  justices  of  the  peace;  and  the  register  of 
deeds  was  likewise  appointed  by  the  governor  to  hold  dur- 
ing his  pleasure.  The  fees  of  all  officers  were  fixed  by  law, 
and  a  part  of  the  compensation  of  the  chief  justice  also 
consisted  of  fees  incident  to  his  court.  The  influence  of 
these  local  officers  was  felt  in  the  election  of  members  of 
the  Assembly  and  in  perpetuating  their  own  power,  and  they 
became  dominant  factors  in  the  management  of  public 
affairs.  The  attorneys-at-law  were  also  potent  influences, 
and  of  these  there  were  forty-five  practising  in  the  province. 
Convinced  of  the  abuses  that  these  conditions  led  to,  Gov- 
ernor Tryon  sought  to  mitigate  them,  and  among  other 
things  announced  that  no  county  court  clerk  or  practicing  at- 
torney should  be  appointed  a  justice  of  the  peace — the  justices*' 
of  the  peace  being  appointed  by  the  governor  with  the  sanc- 
tion of  the  council,  to  hold  at  his  pleasure.  All  local  affairs 
were  within  the  administration  of  these  justices,  who,  sitting 


THE  POLITY  OF  THE  PROVINCE  329 

as  the  court  of  the  county,  primarily  passed  on  all  complaints  xj£ 

of  exorbitant  fees  or  charges  of  maladministration  by  the 
county  officers,  had  cognizance  of  county  matters,  laid  county 
taxes  and  settled  with  county  officers.  Under  that  system  Noresponsi- 
there  was  no  responsibility  to  the  people.  The  justices  of  plopfe0 
the  court  anmially  recommended  the  sheriff  for  appoint- 
ment and  they  influenced  the  election  of  assemblymen.  They 
were  appointed  by  the  governor  on  the  recommendation 
of  the  Assembly.  Thus  they  became  a  part  of  a  self-per- 
petuating circle,  composed  of  officers,  lawyers,  justices  and 
their  dependents,  controlling  local  affairs,  and  with  inter- 
ests widely  different  from  those  of  the  people  at  large. 
Popular  discontent  could  not  make  itself  felt  in  legal  and 
accustomed  channels;  and  this  seems  to  have  been  the 
fundamental  reason  for  the  innovation  proposed  by  the  re- 
formers to  introduce  county  meetings  of  the  inhabitants 
annually  to  consider  the  action  of  their  officials  and  all  pub- 
lic matters,  and  such  at  first  was  the  extent  of  the  demand. 

During  the  summer  of  1766  the  sachem  of  the  Tuscaroras,  Removal  of 
who  had  moved  to  New  York  fifty  years  before,  came  to  the     uscarora* 
province,  and  after  spending  some  time  with  the  Indians  on 
the  reservation,  arranged  for  the  removal  of  more  of  that 
tribe  to  join  the  Six  Nations.    The  funds  for  their  removal 
were  supplied  by  Robin  Jones,  attorney-general,  who  had 
long  manifested  a  particular  kindness  toward  those  isolated 
and  almost  friendless  Indians.     A  part  of  the  reserve  was  c.  r.,vii, 
conveyed  to  him  as  security,  and  one  hundred  and  thirty 
Tuscaroras  in  August  marched  north,  leaving  only  one  hun- 
dred and  four  of  that  tribe,  including  women  and  children, 
remaining  in  North  Carolina. 

The  Assembly  meets 

On  November  3d  the  legislature  convened  at  New  Bern,  f4'3R"VII, 
being  the  first  meeting  of  the  representatives  of  the  people 
since  May,  1765.     During  the  intervening  eighteen  months 
the  public  voice  had  been  stifled  by  the  astuteness  of  the  gov- 
ernor, and  now  harmony  and  good  understanding  subsisted 
throughout  the  province.     On  the  first  day  of  the  session,   Harvey 
November  3d,  John  Harvey  of  Perquimans  was  unanimous-   $peakcr 
ly  elected  speaker,  and  it  was  not  until  November  7th  that 


Auembly 


330  TRYON'S  ADMINISTRATION,  1765-71 

'7?  John  Ashe,  the  speaker  of  the  former  house,  appeared  and 

took  his  seat  as  a  member.  The  temper  of  the  house  while 
kindly  was  not  subservient.  The  committee  to  prepare  a 
response  to  the  governor's  opening  address  were  Elmsly, 
Maurice  Moore,  Sam  Johnston,  Cornelius  Harnett,  Edmund 
Fanning,  Robert  Howe  and  Joseph  Hewes.  In  it  they  said : 
347**>VI1,  "This  house  is  truly  sorry  that  any  reason  whatever  should 
have  prevented  your  meeting  this  Assembly  till  this  time. 
The  alarming  tendency  of  the  stamp  act  and  the  reproachful 
names  of  rioters  and  rebels  which  were  liberally  bestowed 
on  his  Majesty's  faithful  subjects  of  North  America  ren- 
dered it  in  our  opinion  highly  expedient  that  this  house 
should  have  been  assembled  some  months  sooner."  Con- 
or The°ne  tinuing,  they  said :  "It  is  our  duty  to  acknowledge  in  the 
most  grateful  manner  the  moderation  and  goodness  of  his 
Majesty  and  the  justice  of  his  Parliament  in  removing  from 
us  a  burden  much  too  heavy  for  us  to  bear."  A  similar  tone 
of  fine  manhood  pervaded  the  address,  yet  they  manifested  a 
kindliness  toward  the  governor  himself,  and  congratulated 
him  "on  a  peculiar  mark  of  the  royal  favor  to  this  province, 
manifested  to  us  in  your  appointment  to  this  government; 
and  be  assured  we  will  cheerfully  take  all  occasions  to  render 
your  administration  easy  and  happy." 

The  council  took  great  exception  to  the  strictures  of  the 
Assembly,  but  the  governor  carefully  suppressed  his  own 
sentiments,  merely  declaring  that  he  was  "an  utter  stranger 
to  the  reproachful  and  detestable  title  of  rebel;  that  such  an 
opprobrious  title  never  found  place  in  my  breast;  nor  am 
I  conscious  of  having  ever  misrepresented  or  aggravated  any 
part  of  the  disturbances  in  the  colonies,  either  general  or 
particular." 

On  November  22A  the  house  appointed  Messrs.  Ashe,  Fan- 
ning and  Howe  a  committee  to  prepare  an  address  of  thanks 
to  the  king  "on  the  happy  event  of  the  repeal  of 
the  stamp  act;"  and  on  -the  26th  Ashe,  the  central  figure 
in  the  stamp  act  proceedings,  submitted  the  address  to  the 
house.  It  was  strong  and  manly  as  well  as  patriotic.  There 
was  no  wavering;  no  apology.  The  language  used  to  the 
governor  was  now  repeated  to  the  king.  The  stamp  act 
was  "a  burden  much  too  heavy  for  us  to  bear,"  but  they 


> 
c 
o 


TRYON'S  PALACE  33* 


spoke  of  their  "cordial  and  natural  attachment  to  the  mother  *j£ 

country,  and  love  and  duty  to  his  Majesty's  royal  person." 

Because  of  the  failure  to  elect  a  treasurer  for  the  southern 
district  at  the  last  session  the  governor  had  appointed  as 
temporary  treasurer  Samuel  Swann,  and  now  the  lower 
house  proposed  to  appoint  John  Ashe.  The  upper  house, 
however,  again  asserted  its  right  to  participate  in  the  elec- 
tion, and  inserted  the  name  of  Louis  DeRosset,  as  on  the 
former  occasion.  But  on  the  lower  house  standing  firm  the 
council  proposed  to  amicably  settle  the  difference  by  joining 
in  and  making  the  same  nomination,  without  abandoning  its 
claim  of  participation;  and  Ashe  was  thereupon  elected.  3*4 
The  restoration  of  good  feeling  between  the  Assembly  and  xxii'i,  664 
the  Crown  was  signalized  by  the  passage  of  an  act  appropri- 
ating £5,000  for  the  building  of  a  residence  for  the  J^tTcSSud 
governor  at  New  Bern,  virtually  making  that  the  seat  of 
government ;  and  taxes  were  laid  for  the  purpose  of  paying 
the  cost  of  construction.  To  the  governor  himself  was  given 
power  to  design  the  building  and  to  contract  for  its  comple- 
tion. Governor  Tryon  soon  found  that  the  amount  appro- 
priated was  not  sufficient  to  complete  a  building  according  to 
the  plans  adopted,  but  nevertheless  he  proceeded  in  the  erec- 
tion of  a  magnificent  structure,  surpassing  any  other  build- 
ing in  the  colonies,  having  reason  to  believe  that  the  Assem- 
bly would  make  an  additional  appropriation. 

At  this  session  the  act  concerning  marriages,  passed  in   xxih,  67a 
1 741,  was  amended,  much  to  the  gratification  of  the  Presby-  ActrHagc 
terians.     By  that  act  the  justices  of  the  peace  where  there 
were  no  established  ministers  were  authorized  to  perform 
the  marriage  ceremony.    These  justices  in  the  western  coun- 
ties were   for  the   most   part   Presbyterians,  as  the  great 
mass  of  the  inhabitants  were,  and  now  the  law  was  changed, 
extending    the    privilege    of    performing    this    service    to 
Presbyterian  ministers;    but  the  fee  for  the  service  was  re- 
served to  the  ministers  of  the  established  church  in  the  par- 
ishes where  one  was  settled ;  and  the  marriage  license  was  to 
be  granted  by  the  governor,   who  furnished   a  supply  in  J766 
blank,  and  signed  by  him,  to  the  county  clerks.    On  Decern-  £'s  "      ' 
ber  2d,  with  very  amicable  relations  existing  between  the 


332  TRYONS  ADMINISTRATION,  1765-71 

!*J  governor  and  the  Assembly,  the  session  was  brought  to  its 

close. 

The  Cherokee  line 

In  the  progress  of  settlement  the  colonists  were  encroach- 
ing on  the  hunting  grounds  of  the  Indians,  and  there  was 
more  or  less  friction  along  the  whole  frontier  from  Canada 
to  Georgia.  The  king  and  ministry  were  anxious  to  prevent 
hostilities,  and  some  of  the  Cherokee  chieftains  had  visited 
England  and  been  assured  by  the  king  of  his  purpose  to  pro- 
tect them.  Dividing  lines  were  ordered  to  be  run  that  should 
mark  the  hunting  grounds  of  the  Indians  and  the  limits  of 
the  territory  open  to  settlers.  Such  a  line  had  been  run 
from  McGowan's  Ford,  on  the  Savannah,  northeastwardly 
to  Reedy  River,  leaving  a  considerable  territory  east  of  the 
mountains  in  South  Carolina  as  Indian  lands ;  and  Governor 
Tryon  was  ordered  to  have  that  line  continued  through  west-^ 

c.  r.,vii.  ern  North  Carolina.  The  Indians  had  in  October  agreed 
that  the  line  should  run  from  Reedy  River  north  to  the 
mountains,  and  then  to  Chiswell's  lead  mines  on  the  New 
River  or  the  Kanahwa.  Now  some  chiefs  contended  that  it 
should  be  run  direct  from  Reedy  River  to  the  mines.  Gov- 
ernor Tryon  was  desirous  that  the  change  should  not  be 
made,  but  that  the  North  Carolina  boundary  should  be  the 
mountains.  In  order  to  effect  his  purpose  he  proposed 
to  attend  the  meeting  of  the  Indians  and  surveyors.  It  is 
to  be  observed  that  the  dividing  line  between  North  and 
South  Carolina  had  been  marked  out  only  to  the  Catawba 
nation,  and  to  the  westward  of  the  Catawba  River  it  had 
not  been  established  at  all ;  but  in  any  event  North  Carolina 
was  interested  in  running  the  Indian  boundary  north  from 
Reedy  River  to  the  mountains,  for  that  left  no  Indian  hunt- 
ing grounds  east  of  the  mountains.  Many  Indian  chieftains 
were  to  be  present  and  locate  the  line.     On  May  6th  the 

1767  governor  left  Brunswick,  and  on  the  21st,  with  an  escort 

of  fifty  men  and  a  considerable  number  of  surveyors  and 
woodsmen,  he  took  up  his  march  from  Salisbury  for  Reedy 
River,  where  he  was  to  meet  the  Indians.  On  June  4th, 
with  their  sanction,  Governor  Tryon  directed  the  line  to  be 
run  a  north  course  to  the  mountains.     He  favorably  im- 


THE  CHEROKEE  LINE 


333 


C.  R.,  VII, 

Sreat  Wolf 
of  Carolina 


pressed  the  Indian  chieftains,  one  of  whom  was  the  Wolf 
of  the  Keowee,  the  others  having  similar  names ;  and  they 
complimented  him,  after  their  fashion,  by  conferring  on  him 
the  title  of  "The  Great  Wolf."  The  line  was  run  fifty-three 
miles  north,  where  it  struck  a  mountain,  which  the  surveyors 
named  Tryon,  now  in  Polk  County,  on  the  dividing  line  be- 
tween the  Carolinas,  but  then  supposed  to  be  well  within  the 
limits  of  North  Carolina,  in  fact  located  on  the  map  of  that 
period  as  being  in  the  Brushy  Mountains,  so  little  was  then 
known  of  the  western  portion  of  the  province. 

On  his  return  the  governor  issued  a  proclamation  forbid- 
ding any  purchase  of  land  from  the  Indians  and  any  issuing 
of  grants  for  land  within  one  mile  of  the  boundary  line. 

Some  years  earlier  adventurous  hunters  had  begun  to  pass 
the  mountains  in  search  of  game.  Of  these  Daniel  Boone  Boone 
was  perhaps  the  boldest.  He  crossed  the  valley  of  the  Hol- 
stein,  passed  through  Cumberland  Gap,  and  visited  Ken- 
tucky. At  length,  about  1768,  settlements  began  to  be  made 
on  the  Watauga,  the  first  to  erect  a  cabin  and  to  move  his  Watauga 
family,  it  is  said,  being  William  Bean,  removing  from  some 
North  Carolina  settlement.  Others  soon  followed.  Thus 
began  the  occupation  of  that  region,  which  later  received 
large  accessions  from  the  inhabitants  of  the  western  counties. 

On  December  5th  the  legislature  again  met.  It  made  pro- 
vision for  paying  the  cost  of  running  the  Indian  boundary, 
amounting  to  about  £400,  expressed  its  sense  of  high  obliga- 
tion to  the  governor  for  superintending  it  in  person,  thanked 
him  for  his  care  in  erecting  the  governor's  house  and  for 
calling  attention  to  abuses  in  the  collection  of  taxes  by  the 
sheriffs,  and  referred  to  the  harmony  and  industry  that  pre- 
vailed in  the  province,  but  called  attention  to  the  distress,  al- 
most ruin,  that  seems  "to  be  our  inevitable  lot  from  the  great 
want  of  a  sufficient  quantity  of  circulating  currency." 


1767 


C.  R.,  VII, 

565 


New  legislation 

The  two  years  for  which  the  court  law  had  been  enacted 
being  about  to  expire,  a  new  law,  establishing  six  judicial 
districts,  was  enacted  to  continue  in  force  for  five  years  and 
until  the  end  of  the  next  session  of  Assembly  thereafter. 
These  courts  were  to  be  held  by  the  chief  justice  and  two 


S  R. 

XXI 1 1,  688 


334  TRYON'S  ADMINISTRATION,  1765-71 

2£?  associate  justices,  and  in  case  of  the  absence  of  the  chief 

justice  or  either  of  the  others,  it  was  lawful  for  one  to  hold 
the  court.     Maurice  Moore  and  Richard  Henderson  were 
R  appointed  the  associates. 

xxili,  7"»       An  additional  £10,000  was  granted  for  finishing  the  gover- 
793  nor's  house  and  a  poll  tax  of  2s.  6d.  was  imposed  for  three 

years  for  that  purpose.  A  stringent  law  was  enacted  with  re- 
gard to  the  accounting  of  sheriffs, and  members  of  the  Assem- 
bly were  declared  ineligible  to  the  sheriffalty.  Public  ware- 
houses were  established  for  tobacco  at  Campbellton,  at  Tar- 
boro,  Kinston,  Halifax,  and  seven  other  points  in  the  north- 
ern part  of  the  province,  inspectors  to  give  receipts  for  the 
same,  their  receipts  or  notes  being  transferable  in  the  course 
of  trade ;  and  similar  warehouses  were  established  at  Camp- 
bellton and  Halifax  for  the  storage  of  hemp  and  flax. 

Commissioners  were  appointed  to  construct  a  public  road 
from  the  frontier  in  Mecklenburg  County — that  then  ex- 
tended to  the  mountains — through  Rowan,  Anson  and 
Bladen,  to  Wilmington.  The  design  was  to  connect  the  back 
country  with  the  seaports  of  the  province,  the  people  of 
Mecklenburg  and  Rowan  having  theretofore  established 
trade  relations  with  Charleston. 

Under  Governor  Tryon's  influence  and  the  progress  of 
events,  there  was  a  disposition  to  depart  from  the  simplicity 
of  former  years,  illustrated  by  the  construction  of  the  gov- 
ernor's palace,  and  the  Assembly  determined  that  the  speaker  • 
and  other  officers  of  the  two  houses  should  appear  in  robes 
appropriate  to  their  offices,  and  the  governor  was  requested 
to  procure  them  at  the  public  expense.  On  January  16,  1768, 
the  business  of  the  session  being  well  finished,  the  Assembly 
was  prorogued  until  May. 
h^*k>'i?or  Because  of  the  general  distress  incident  to  insufficient  cur- 
currency  rency,  acknowledged  by  the  governor  and  merchants  as  well 
as  by  the  people,  a  petition  to  the  king  was  drawn  by  the 
Assembly,  praying  leave  to  issue  £100,000  in  paper  currency,./ 
and  promising  not  to  make  any  currency  lawful  ten- 
der for  any  indebtedness  to  the  Crown  or  to  any  merchant  or 
c^r.,  vii,  others  residing  in  Great  Britain.  The  inference  was  that 
this  paper  currency  would  be  made  legal  tender  for  debts 
within  the  province.    Governor  Tryon  strongly  urged  that 


FEELING  IN  THE  ASSEMBLY  335 

this  request  should  be  granted.    He  dwelt  on  the  great  need  j£J 

for  currency  in  the  province,  representing  that  there  was  not 
enough  for  the  payment  of  taxes,  and  that  indeed  he  thought 
that  the  ability  of  the  people  to  raise  the  funds  for  the  gov- 
ernor's mansion  depended  on  this  proposed  issue  of  currency. 
He  therefore  had  a  personal  interest  in  the  matter.    But  the  Currency 

petition 

petition  was  denied  on  the  ground  that  legal  tender  paper  refused 
currency  led  to  frauds,  and  that  no  consideration  of  local 
inconvenience  would  induce  the  ministry  to  ask  Parliament 
to  depart  from  the  principles  of  the  act  it  had  passed  in  1764 
forbidding  the  issue  of  legal  tender  paper  money.     Later  c.  r.,vii, 
Tryon  again  urged  that  this  favor  be  granted  to  the  people,  6?9, 
for  the  public  distress  was  augmented  by  the  new  taxes  laid 
for  the  mansion,  for  the  judges  and  other  officers,  and  for 
other  expenses  that  had  been  incurred  at  his  instance.    Much 
to  his  mortification  he  was  curtly  answered  by  the  Earl  of 
Hillsborough  that  the  subject  had  been  disposed  of  and  could 
not  be  reconsidered. 

Pursuant  to  the  declaratory  act  of  March,  1766,  new  cus-  New 

1.111  •  ,  1  «       .        /  *  -r-k  custom 

torn  duties  had  been  imposed  on  the  colonies  by  act  of  Par-  dutie. 
liament  and  a  board   of  customs  officers   was   appointed. 
This  proceeding  led  to  the  publication  of  "Letters  from  a 
Pennsylvania  Farmer"  that  again  aroused  the  colonists,  ancj 
the  Assembly  of  Massachusetts  in  February,  1768,  issued  a 
circular  letter  to  the  other  colonies,  asking  for  "a  united  and  £ ■ R ■• VI1* 
dutiful  supplication"  to  the  Crown,  but  the  apprehension 
was  expressed  that  they  would  be  considered  "factious  and 
disloyal,  and  having  a  desire  to  make  themselves  independent 
of  the  mother  country."    This  letter  was  received  by  Speaker 
Harvey  on  the  first  day  of  April;  and  at  the  end  of  that   *7* 
month  the  governor  prorogued  the  Assembly  till  the  middle 
of  June.     In  the  meantime  the  burgesses  of  Virginia  had 
made  a  similar  address.     Soon  afterward  Governor  Tryon 
received  directions  from  the  Earl  of  Hillsborough  that  if  the 
Assembly  of  North  Carolina  should  indicate  any  purpose  to  c.  p.,vil 
take  action  on  the  subject,  he  should  prorogue  or  dissolve  it,-'*13 
and  in  conformity  with  these  instructions  he  prorogued  the 
Assembly.' 


336  TRYON'S  ADMINISTRATION,  1765-71 

5JJ  The  Regulators  associate 

While  continental  matters  were  thus  again  claiming  pub- 
lic attention,  the  people  in  the  back  parts  of  North  Carolina 
were  continuing  their  efforts  to  redress  their  local  grievances. 
The  initial  proceedings  of  this  movement  had  been  directed 
from  Sandy  Creek,  a  tributary  of  the  Deep  (now  in  the 
eastern  part  of  Randolph  County),  where  Hermon  Hus- 
band* resided.  In  the  same  vicinity  lived  his  brother-in-law, 
James  Pugh ;  William  Butler,  the  Coxes,  Hendrys,  Fudges, 
and  other  active  men.  Farther  north  was  the  residence  of 
James  Hunter,  the  first  cousin  of  James  and  Alexander  Mar- 
1768  tin,  a  man  of  parts  and  a  strong  speaker.    Rednap  Howell, 

^i^gn)q.%    another  agitator,  was  a  schoolmaster,  and  a  maker  of  rhymes, 
whose  point  and  wit,  rather  than  their  musical  cadences,  ap- 
pealed to  the  popular  heart.    The  greatest  interest  was  mani- 
fested by  the  people  west  of  the  Haw.    In  February,  March 
and  April  meetings  were  held  at  various  points,  and  it  was 
resolved   that  they   should   be  held   regularly   every  three 
months.    The  officers  had  not  attended,  as  required,  to  give 
an  account  of  their  stewardships.    The  demands  of  the  peo- 
c.  r.,vii,    pie  were  unsatisfied.     Under  the  direction  of  their  leaders 
671,726        they  proposed  to  press  forward,  and  a  new  character  was  im- 
parted to  the  movement.     An  oath-bound  association  was 
entered  into,  binding  the  subscribers  to  pay  no  taxes  until 
they  were  satisfied  that  the  levies  were  agreeable  to  law ;  and 
to  pay  no  officer  any  more  fees  than  the  law  allows;  and 
they  desired  "that  the  sheriffs  will  not  come  this  way  to  col- 
lect the  levy,  for  we  will  pay  none  before  there  is  a  settlement 
c.  r.,vii,    to  our  satisfaction,"  and  they  asked  that  their  assemblymen 
Sj'7a6//      and  vestrymen  should  appoint  a  time  to  settle  with  them.. 
Hitherto  the  inhabitants  engaged  in  these  proceedings  had 
assumed  no  name,  and  were  spoken  of  as  "the  mob,"  or  "the 
country ;"  now  they  began  to  be  known  as  "the  Regulators." 
The  Sons  of  Liberty  had  vetoed  the  power  of  Parliament 
to  tax  America.    The  Regulators  of  Sandy  Creek,  not  ques- 
tioning the  power  of  their  county  courts  and  Assembly  to 

♦While  this  name  has  been  generally  spelled  Husbands  there  is  no 
question  that  the  true  spelling  is  Husband.  See  facsimile  autograph 
in  Weeks,  Southern  Quakers  and  Slavery,  178. 


THE  REGULATORS  ASSOCIATE  337 

lay  taxes,  vetoed  the  collection  of  the  levies  until  they  them-  *J^ 

selves  should  have  passed  on  the  propriety  of  payment. 

The  grievances  they  sought  to  remedy  were  general,  all  The 
persons  except  the  officers  being  affected,  and  they  had  the  delation 
sympathy  of  even  those  who  had  not  subscribed  the  asso- 
ciation.   By  April  they  were  assured  of  the  cooperation  of 
many  in  the  adjoining  counties  of  Rowan  and  Anson,  and 
they  were  strengthened  in  their  purposes  by  these  accessions. 
It  was  not  long  before  an  occasion  arose  for  determined  ac- 
tion.   On  April  8th  Sheriff  Harris  of  Orange  distrained  a 
horse  for  a  levy.    The  people  were  quick  to  resist.    A  hun-  J^^11, 
dred  armed  men  appeared  in  Hillsboro,  then  a  hamlet  of  two  ''"*• 
stores,  a  few  straggling  log  dwellings,  a  framed  building  or 
two,  and  a  small  wooden  court-house.  They  seized  the  sheriff  Hiiisboro 
and  tied  him,  took  possession  of  the  horse,  treated  several 
of  the  inhabitants  roughly,  and  being  provoked  by  some  one 
at  the  residence  of  Colonel  Edmund  Fanning,  shot  several 
bullets  through  the  house,  but  without  wounding  any  one. 
Colonel  Fanning  was  an  attorney  and  was  absent,  attending 
the  court  at  Halifax.    He  was  a  representative  of  the  county 
in  the  Assembly,  colonel  of  the  militia  and  register  of  deeds, 
by  the  appointment  of  the  governor,  in  wrhose  regard  and 
esteem  he  stood  very  high.    He  was  the  leading  officer  of  the 
county,  and  had  now  become  the  chief  object  of  popular  re- 
sentment. 

This  outbreak  caused  consternation  among  the  officers  of 
the  county.  They  had  long  been  threatened ;  now  threats 
had  become  action.  John  Gray,  the  lieutenant-colonel  of  the 
militia,  hastened  to  consult  with  Major  Lloyd,  proposing  to 
call  out  the  militia  men,  and  he  despatched  information  to 
Colonel  Fanning.  Fanning  immediately  ordered  the  captains  c-  R;;^!I» 
of  the  militia  to  raise  their  companies ;  but  the  defection  was 
so  prevalent  that  to  the  astonishment  of  the  officers,  only 
one  hundred  and  twenty  men  responded.  Indeed  Adjutant 
Francis  Nash,  who  was  also  the  clerk  of  the  court,  reported 
that  such  was  the  universal  dissatisfaction  with  the  officers 
and  leading  men,  that  one  hundred  and  fifty  men  could  not  be 
raised  in  the  whole  county  to  oppose  the  Regulators.  Fan- 
ning hurried  to  Hillsboro  and  found  that  the  people  in 
every  part  and  corner  of  the  county  were  confederating  by 


338 


TRYON'S  ADMINISTRATION,  1765-71 


1768 


C.  K.,V1I, 
7,6 


Mickleiohn 

counsefta 

moderation 


C.  R..VII, 
718,  720 


Husband 
and  Butler 
arrested 


C.  R..V1I, 
743 


The  people 
in  arms 


solemn  oath  and  with  open  violence  to  refuse  payment  of 
taxes  and  prevent  the  execution  of  the  law,  threatening  death 
and  destruction  to  himself  and  others.  He  reported  to 
Governor  Tryon  that  he  learned  that  on  May  3d  they  were 
to  environ  the  town  with  fifteen  hundred  men  and  execute 
their  vengeance  on  him ;  and  if  not  satisfied  to  their  desire 
they  were  to  lay  the  town  in  ashes.  Great  was  the  excite- 
ment, and  panic  prevailed.  On  April  25th.  the  Regulators 
held  a  general  conference,  and  on  that  occasion  the  minister 
of  the  parish,  Rev.  George  Micklejohn,  attended  and  per- 
suaded them  from  going  to  Hillsboro  in  a  body,  but  to  ap- 
point twelve  men  to  be  there  on  May  nth  and  have  a  settle- 
ment with  the  officers  in  accordance  with  instructions  then 
^agreed  on. 

Governor  Tryon,  on  being  informed  of  the  riotous  pro- 
ceedings of  April  9th,  ordered  the  militia  of  Bute  and  six 
neighboring  counties  to  hold  themselves  in  readiness  to 
march  to  Fanning's  assistance;  and  wrote  advising  that  if 
there  were  any  grievances,  the  people  should  appeal  to  the 
Assembly;  and  he  declared  that  every  matter  founded  in 
equity  and  justice  would  have  his  support,  on  condition,  how- 
ever, that  the  people  would  disperse  and  that  order  and  tran- 
quillity should  be  restored.  These  despatches  were  borne  by 
his  secretary,  Mr.  Edwards.  But  Fanning  had  not  been  con- 
tent to  await  developments.  He  proposed  to  act  with  reso- 
lution. On  Sunday  night,  May  1st,  having  caused  warrants 
to  be  issued  for  the  arrest  of  Husband  and  William  Butler, 
Fanning  with  twenty-seven  men  dashed  out  to  Sandy  Creek  V 
and  early  Monday  morning  made  the  arrests,  and  hurried 
back  to  Hillsboro,  where  an  order  was  prepared  to  incar- 
cerate the  prisoners  in  the  New  Bern  jail.  The  news  flew 
through  the  country  and  a  prodigious  enthusiasm  aroused 
the  people;  they  hurried  with  their  arms  to  Hillsboro, 
but  in  the  early  morning  as  some  seven  hundred  men  were 
approaching  the  town,  they  were,  to  their  astonishment,  met 
by  Husband.  As  quick  as  Fanning  had  been,  popular  action 
had  been  equally  as  speedy.  The  country  was  in  arms,  and 
the  prisoners  could  not  be  conveyed  to  New  Bern  without 
rescue,  and  so,  constrained  by  the  uprising  of  the  people, 


733.  7*8.  7*7 


Their 
petti  ion 


TRYON  PROMISES  REDRESS  339 

Fanning  caused  them  to  be  released  on  bail.    Thus  Husband  2j! 

was  unexpectedly  restored  in  safety  to  his  friends. 

Later  in  the  morning  Secretary  Edwards  came  out  to  meet  c.  R-yii^ 
the  people.  He  read  to  them  the  governor's  proclamation, 
and  promised  in  the  governor's  name,  if  they  would  return 
to  their  homes  and  be  quiet,  he  would  seek  to  secure  a  re- 
dress of  their  grievances  and  would  lay  the  matter  before 
the  Assembly.  To  this  they  agreed,  saying  that  that  was  all 
they  wanted.  Such  a  petition  was  drawn  for  signature. 
While  it  was  being  circulated  among  the  people  there  were 
a  few  days  of  repose.  Ralph  McNair,  a  warm  friend  of 
Fanning,  had  lately  spent  some  days  with  Husband,  who 
had  conferred  with  him  as  to  the  criminal  offences  that  mobs 
might  commit,  and  on  McNair's  return  to  Hillsboro  he 
addressed  a  long  letter  to  Husband  more  fully  explaining 
these  criminal  matters,  and  urging  him  to  come  and  confer 
with  Fanning,  bringing  with  him  other  men  of  his  neighbor- 
hood, such  as  William  Butler,  John  Lowe  and  James  Hunter ; 
and  he  enclosed  a  petition  which  he  suggested  should  be 
adopted  and  signed  by  the  Regulators.  But  that  petition  did 
not  meet  their  views,  and  at  a  general  meeting,  held  on  May 
21st,  it  was  resolved  to  hold  by  the  first  draft  that  had  then 
been  signed  by  about  four  hundred  and  fifty  men,  and  a  com- 
mittee was  appointed  to  prepare  an  address  to  the  governor, 
giving  a  full  narrative  of  the  grievances  of  the  people,  and  of 
their  action  from  the  beginning.  This  paper  is  exceedingly  c  *;  ^11, 
well  written  and  reflects  much  credit  on  its  author.  It  was 
signed  by  John  Lowe,  James  Hunter,  Rednap  Howell,  Har- 
mon Cox,  John  Marshel,  William  Cox,  William  Moffitt  and 
George  Hendry,  one  of  whom  probably  wrote  it.  It  was 
drawn  with  candor,  and  in  some  measure  it  bears  testimony 
of  the  esteem  in  which  Governor  Tryon  was  held  even  by 
the  Regulators  themselves.  At  a  meeting  of  the  committee  ^R,,VI1, 
on  May  30th,  held  at  Cox's  Mill  on  Deep  River,  they 
directed  James  Hunter  and  Rednap  Howell  to  lay  this  ad- 
dress, the  petition,  and  all  the  accompanying  papers  before 
the  governor  and  council.  This  duty  was  performed  on 
June  20th,  and  the  next  day  the  governor,  with  the  concur- 
rence of  the  council,  wrote  his  reply  addressed  to  "the  in- 
habitants on  the  south  side  of  the  Haw."    While  calling  on 


340  TRYON'S  ADMINISTRATION,  1765-71 

*J^  the  people  to  desist  from  any  further  meetings  and  to  aban- 

don all  title  of  Regulators  or  associators,  and  to  allow  the 
sheriffs  and  other  officers  to  execute  their  duties,  the  gover- 
c.r.,vii,    nor  promised  to  'listen  to  the  voice  of  distress  and  the  just 
Won't        complaints"  of  the  people  and  "the  hardships  they  may  groan 


answer 


under,"  and  to  give  orders  for  the  prosecution  of  every  offi- 
cer who  had  been  guilty  of  extortion  or  illegal  practices.  At 
their  request  the  governor  also  informed  them  that  the  pro- 
vincial tax  for  1767  was  seven  shillings,  to  which  were  to 
be  added  the  county  and  parish  taxes.  The  Regulators, 
however,  concluded  that  some  of  the  provincial  taxes  laid 
for  a  particular  object  .had  long  since  answered  the  purpose 
of  their  creation,  and  that  the  public  funds  should  be  in  a 
very  different  situation  from  that  reported  by  the  Assembly 
and  the  treasurers.  They  also  saw  that  the  proclamation  of 
the  governor  against  the  taking  of  illegal  fees  had  had  no 
effect,  for  the  register,  they  said,  had  raised  his  fees  rather 
than  reduced  them. 

Tryon  reaches  Hillsboro 

On  July  6th  Governor  Tryon,  who  resided  during  the  sum- 
mer months  in  the  up  country,  arrived  with  his  family  at 
Hillsboro.  Days  passed,  and  no  answer  was  received  to  his 
letter,  but  he  learned  that  the  Regulators  were  continuing 

c.r.,vii,  their  meetings.  A  difficult  situation  was  presented.  Large 
numbers  of  the  inhabitants,  not  actuated  by  any  vicious  pro- 
pensity, had  joined  themselves  together  in  an  oath-bound 
association  to  nullify  the  law.  That  the  grievances  they  com- 
plained of  were  not  merely  imaginary,  the  governor  had 
reason  to  believe.  Thus  far  he  had  treated  them  with  consid-| 
eration,  courtesy  and  respect.  He  had  received  their  com- 
munications from  their  representatives  and  had  answered 
while  firmly,  yet  neither  arrogantly,  defiantly  nor  unkindly. 
As  a  representative  of  the  king  and  the  chief  officer  of  gov- 
ernment, he  could  do  not  less  than  require  submission  to  the 
constituted  authorities,  but  apparently  he  sought  concilia- 
tion. The  time  coming  on  for  the  appointment  of  sheriffs, 
he  did  not  reappoint  the  sheriffs  of  Orange  and  Rowan,  but 
substituted  Lea  for  Harris  in  Orange  and  appointed  a  new 

TwJsi^11,    she™ff  f°r  Rowan.  Still  Harris  had  to  collect  the  back  taxes, 


REGULATORS  STAND  FIRM  341 

and  the  governor  on  August  1st,  being  determined  to  assert  ^J?    4. 

the  authority  of  the  province,  sent  Harris  among  the  Regu- 
lators to  make  collections  and  advise  them  that  he  expected 
them  to  obey  the  laws  of  the  country  according  to  his  letter 
of  June  21st. 

Two  days  later  the  sheriff  returned  and  reported  that  he  Jhe , 

«  s-+  r»«*»  Regulators 

found  assembled  at  the  meeting  at  George  Sally  s  nearly  determined 
four  hundred  men,  who  unanimously  refused  to  pay  any 
taxes  and  declared  they  would  kill  any  man  who  should  dare 
to  distrain  for  their  levies.     Other  unavailing  intercourse  gV9*7™' 
ensued  between  the  governor  and  the  Regulators,  and  the 
flame  of  discontent  was  constantly  fanned.    By  August  9th  JJmSach 
five  hundred  men  assembled  at  Peeds,  and  information  was  Hm*boro 
brought  to  Hillsboro  that  if  the  insurgents'  demands  were 
not  complied  with  they  would  burn  the  town.    The  next  day  £4R,,VI1, 
they  approached  to  within  twenty  miles  of  Hillsboro,  and 
matters  wore  a  serious  aspect.     But  Tryon  was  not  dis- 
mayed.   He  ordered  out  all  the  militia,  two  hundred  and  fifty      * 
of   whom  obeyed   the  call,  and  proceeded  to   fortify  the  JjjJJJ 
town.     On  the  evening  of  the  12th  eight  of  the  principal  mUida 
insurgents  sought  an  interview  with  the  governor  to  arrive 
at  an  understanding. 

One  of  the  wild  rumors  that  flew  among  the  people  was 
that  the  governor  was  to  bring  down  the  Indians  on  them, 
and  that  he  was  raising  the  militia  to  harry  their  settlements. 
It  was  this  that  inflamed  them.  At  this  interview  the  gover- 
lior  made  denial  of  such  purposes ;  Colonel  Fanning  and  Mr. 
Nash  agreed  to  submit  the  differences  between  the  people 
and  themselves  to  the  judgment  of  the  supreme  court ;  and  it 
was  further  agreed  that  the  accounts  of  the  sheriffs  and  other 
officers,  after  being  examined  and  approved,  should  be  posted 
at  the  court-house,  and  that  the  sheriff  should  make  no  col- 
lections until  after  the  approaching  superior  court  in  Sep- 
tember. At  the  same  time  the  governor  gave  directions  that 
the  Regulators  should  meet  on  August  17th  at  George 
Sally's,  where  the  sheriffs  should  attend  with  their  settle- 
ment and  give  satisfaction  to  the  people.  These  terms  sat-  J^^^ 
isfied  the  leaders,  and  the  Regulators  dispersed  and  returned 
to  their  homes.  But  the  governor  was  not  at  all  satisfied. 
By  show  of  force  the  people  had  gained  a  point ;  and  unless 


342  TRYON'S  ADMINISTRATION,  1765-71 

lJ^  the  powers  of  government  were  asserted,  they  would  persist 

in  having  their  own  way.  The  extension  of  the  movement 
c.  R.,vuf  had  become  formidable.  Already  their  general  meeting  was 
7U%  spoken  of  by  their  committeemen  as  their  "General  Assem- 

in  Anson  bly."  From  Anson,  where  in  May  the  inferior  court 
had  been  broken  up,  came  an  address  to  the  gov- 
ernor from  the  malcontents,  informing  him  that  they  to 
c.  r.,vii,  the  number  of  five  hundred  had  resolved  if  nothing  hap- 
pened to  their  succor  to  defend  their  "cause  in  the  dis- 
agreeable manner  of  a  force,  and  to  have  persisted 
unto  blood."  In  August  also  came  the  disturb- 
ing information  that  a  body  of  eighty  men  had  assembled  at 
in  Johnston  j0hnston  County  court  with  the  intention  of  turning  the 
c^r.,vii.  justices  off  the  bench.  It  was  the  very  first  day  of  the  term. 
The  justices  adjourned  court  for  the  term,  and  rallying  the 
friends  of  government  attacked  the  insurgents,  and  after  a 
smart  skirmish  drove  them  out  of  the  field.  It  seemed 
to  the  governor,  if  the  movements  were  not  arrested, 
that  civil  government  in  most  of  the  counties  would  be  over-  S 
turned,  and  that  the  insurgents  would  abolish  all  taxes  and 
debts,  and  all  laws  for  the  enforcement  of  order.  The  trial  I 
c^R-vu,  of  Butler  and  Husband  was  to  be  at  the  September  term  of! 
court,  and  grave  apprehensions  were  felt  that  the  Regulators  I 
would  rescue  their  leaders  if  convicted.  Against  such  an' 
event  the  governor  took  pains  to  guard.  On  August  13th, 
with  the  concurrence  of  the  council,  he  required  that  twelve 
of  the  principal  men  should  wait  on  him  at  Salisbury  and 
give  bond  as  security  that  no  rescue  should  be  made  of  Butler 
and  Husband ;  and  he  determined  to  call  on  the  people  not 
involved  in  the  defection  to  rally  for  the  support  of  govern- 
ment. He  proposed  to  embody  the  militia  of  the  western 
counties  to  protect  the  court  and  enforce  its  judgments. 

The  army  of  1768 
Aug.,  1768  Qn  the  very  day  that  Sheriff  Lea  was  to  meet  the  people 
at  George  Sally's  by  the  governor's  own  appointment,  Gov- 
ernor Tryon  left  Hillsboro  for  Salisbury,  where  he  arrived 
the  next  evening.  He  issued  orders  for  the  review  of  the 
Rowan  regiment  on  the  26th,  and  then  hastened  on  to  Meck- 
lenburg, where  he  found  emissaries  from  Orange  arousing 


TRYON  RAISES  AN  ARMY  343 

the  people.    The  purpose  of  the  governor  was  to  collect  a  Jj^ 

force  of  volunteers  through  the  militia  organizations  to  sus- 
tain the  court  and  curb  the  Regulators.     On  the  23d  nine  JL1*;;/11, 
hundred  militiamen  were  reviewed  at  Colonel  Polk's,  and  Thc 

•  ii  governor 

an  association  oath  to  maintain  the  government  and  laws  seeks  aid 
against  all  persons  whatsoever  who  shall  attempt  to  alter, 
obstruct  or  prevent  the  due  administration  of  the  laws  or 
disturb  the  peace  and  tranquillity  of  the  province,"  was  ten- 
dered them,  but  it  being  objected  to,  the  call  for  volunteers 
was  postponed.    Subsequently  a  large  number  volunteered. 

Reaching  Salisbury  on  the  25th,  the  governor  found  that 
the  Regulators,  while  declaring  that  they  had  no  intention 
to  release  the  prisoners,  declined  to  give  the  bonds  required. 
But  if  disappointed  by  this  denial,  the  governor  had  the  8:I•4R•,VII, 
satisfaction  of  receiving  assurances  from  another  quarter. 
The  four  Presbyterian  ministers  in  the  western  counties  sent  The      t 
him  an  address,  enclosing  the  pastoral  letter  they  had  writ-  ministers 
ten  to  their  flocks,  urging  the  Presbyterians  to  be  steadfast  in 
support  of  government.     He  also  found  much  gratification 
in  the  result  of  the  review  of  the  militia  at  Salisbury.     So 
prompt  and  unanimous  was  the  Rowan  regiment  to  respond 
to  his  call  for  volunteers  that  the  governor  with  great  for- 
mality presented  the  king's  colors  to  the  Rowan  regiment, 
and  requested  that  Captain  Dobbins'  company,  which  was 
the  first  to  volunteer,  should  bear  them.    Returning  to  Meek-   c.  r.,vii, 
lenburg,  he  directed  the  volunteers   from  that  county  to    *3 
assemble  on   September    12th,   and   issued  orders   for  the 
Rowan  regiment  to  join  him  at  Salisbury  on  the  13th.    On 
the  night  of  the  13th  the  two  battalions  encamped  on  the 
Yadkin,   having   with   them   two   pieces   of   artillery,   nine 
wagons  and  accompanied  by  droves  of  beeves.    En  route  to   c.  R.,vu, 
Hillsboro  this  little  army  passed  for  three  days  through  the 
very  heart  of  the  disaffected  district.    Orders  had  been  issued 
for  the  Orange  and  Granville  militia  to  assemble,  and  on  the 
2 1st  all  the  forces  were  united  at  Hillsboro.    Here,  too,  the 
governor  was  joined  by  a  number  of  gentlemen  from  the 
east  and  a  company  of  cavalry.     But  the  insurgent  leaders    ™eulatoI1 
had  not  been  inactive.    They  had  collected  a  force  of  some  embody 
eight  hundred  men,  and  at  daybreak  of  the  22d  took  post 
within  less  than  a  mile  of  the  town.     However,  instead  of 


:r  rah 


— esc 


TRVON'S  MODERATION  345 

passion  to  the  misguided  multitude,  and  being  much  more  lj^ 

inclined  to  prevent  than  punish  crimes  of  so  high  a  nature," 
granting  pardon  to  all  concerned  in  the  disturbance  of  the  The 
public  peace,  except  Hunter,  Husband  and  eleven  others;  KSe** 
and  he  released  the  prisoners  and  suspended  the  payment  of 
their  fines  for  six  months,  and  later  asked  the  king  to  extend 
pardon  to  all,  both  as  to  persons  and  fines,  except  alone  as 
to  Husband ;  and  he  represented  to  the  king  that  ''to  say  that 
these  insurgents  had  not  a  color  for  their  showing  a  dis- 
satisfaction at  the  conduct  of  their  public  officers  would  be 
doing  them  an  injustice,  for  both  the  register  and  clerk  of 
the  county  of  Orange  were  found  guilty  of  taking  too  high 
fees."  Colonel  Fanning  on  conviction  immediately  resigned 
as  register.* 

Quiet  was  now  restored  to  the  province,  and  the  Assembly,  £°*"  "J68 
being  convened  on  November  3d,  on  the  7th  a  quorum  ap-  thankSTby 
peared,  and  the  governor  made  a  report  of  his  proceedings  y 

against  the  Regulators.  The  house  .expressed  to  Governor 
Tryon  its  fullest  conviction  of  the  necessity  for  marching 
troops  to  Hillsboro,  and  its  detestation  of  the  riotous  and 
illegal  proceedings  of  the  insurgents,  and  gratefully  thanked 
him  for  his  action.  It  also  thanked  him  for  his  efforts  to 
secure  an  emission  of  paper  currency  as  a  legal  tender,  and 
again  declared  that  it  was  "the  only  remedy  of  saving  this 
province  from  ruin."  It  concurred  in  the  governor's  opinion  £jIR,,VH 
that  the  interior  policy  of  the  country  was  never  more  an 
object  of  serious  concern  than  at  that  juncture,  and  the  house 
added  that  it  was  happy  in  supporting  his  actions,  and  that 
it  most  sincerely  wished  that  he  should  long  continue  to  pre- 
side over  the  province. 

Tryon  desires  to  leave 

Toward  the  close  of  1768  it  had  doubtless  come  to  be  un- 
derstood that  Governor  Tryon  was  desirous  of  relinquishing 
his  position  as  governor.  His  relations  with  the  Earl  of 
Hillsborough,  who  was  the  minister  in  charge  of  the  colonies, 
were  close,  and  to  him  probably  Tryon  confided  his  wishes. 
Not  only  did  he  see  loom  up  before  him  the  contest  with  the 
people  growing  out  of  their  resolute  purpose  not  to  submit  to 

♦In  England  the  law  officers  held  Fanning  blameless.  (C.  R.  VIII,33.) 


346 


TRYON'S  ADMINISTRATION,  1765-71 


1768 


S.  R.,  XI, 
319 

Mercer, 
lt.gov. 


In  other 
colonies 


Nov.,  1768 


C.  R., 

928 


VII, 


Tryon 
County 


the  exactions  of  Parliament,  but  the  particular  conditions  in 
North  Carolina  must  have  been  a  source  of  annoyance  as 
having  been  in  some  measure  the  result  of  his  own  action  in 
fastening  taxes  on  the  people  beyond  their  ability  to  pay, 
and  thus  inflaming  the  discontent  which  required  force  to 
suppress.  Besides,  he  had  suffered  grievously  in  his  health, 
and  so  in  December,  1768,  George  Mercer  was  appointed 
lieutenant-governor.  Mercer  was  a  Virginian,  and  had 
served  with  Washington  in  the  French  and  Indian  War.  He 
had  been  stamp  distributor  in  1765,  and  had  suffered  for  his 
loyalty.  Like  Martin  Howard,  he  had  taken  up  his  residence 
in  England,  and  now  it  was  proposed  to  provide  for  him, 
as  had  been  done  for  Howard,  in  North  Carolina.  He 
waited  in  England  expecting  to  take  Tryon's  place  when  he 
should  leave.  A  little  later,  an  infant  son  having  died  in 
March,  and  perhaps  urged  by  his  wife,  Tryon  made  a  formal 
request  to  be  restored  to  his  regiment,  or  to  be  employed  at 
court. 

He  had  so  managed  as  to  avoid  issues  and  disputes  with 
the  Assembly,  and  at  this  session  his  personal  influence  was 
still  a  factor.  There  had  been  clashing  elsewhere.  In 
Massachusetts  the  opposition  to  the  collection  of  the  custom 
duties  had  led  to  orders  for  troops  and  armed  vessels  to  be 
stationed  at  Boston.  On  receiving  information  of  this  move- 
ment the  people  of  that  city,  much  excited,  requested  the  gov- 
ernor to  convene  the  Assembly,  and  when  he  refused  the 
towns  and  districts  appointed  deputies  to  hold  a  convention. 
This  body,  the  first  of  the  kind,  met  and  issued  an  address  on 
the  subject  of  the  people's  grievances.  In  other  colonies  pub- 
lic ardor  was  also  aroused.  When  the  North  Carolina  Assem- 
bly convened,  Speaker  Harvey  presented  the  two  letters 
from  Massachusetts  and  Virginia  that  had  been  received  in 
the  spring.  There  was  evidently  a  division  of  sentiment,  but 
moderation  prevailed.  The  speaker  was  verbally  directed  to 
make  reply  to  the  letters ;  and  then  local  affairs  engaged  the 
attention  of  the  body.  Among  the  acts  passed  was  one  pro- 
hibiting that  the  two  offices,  clerk  of  the  superior  court  and 
clerk  of  the  inferior  court,  should  be  held  by  the  same  person. 
A  new  county  was  set  off  on  the  frontier  of  Mecklenburg 
and  named  Tryon  in  honor  of  the  governor.    Disappointed 


983 


INTERNAL  AFFAIRS  347 

in  its  hopes  of  being  allowed  to  issue  legal  tender  currency,  l£5 

the  Assembly,  to  pay  the  indebtedness  of  the  province,  now  ^r.^ 
directed  promissory  notes  to  be  issued  to  the  amount  of  «*«*.  * 
£20,000,  and  it  authorized  the  sheriffs  to  receive  in 
payment  of  all  taxes,  except  those  for  the  sinking  fund,  these 
notes  and  the  promissory  notes  and  receipts  given  by  the  in- 
spectors at  the  public  warehouses  for  tobacco,  hemp,  rice, 
indigo,  wax,  tallow  and  deer  skins.  Such  were  the  best 
measures  the  Assembly  could  devise  to  relieve  the  financial 
stringency  and  to  make  easy  the  payment  of  taxes.  To 
lighten  taxation  the  house  also  adopted  a  resolution  that  a 
tax  of  a  shilling  per  poll  imposed  in  1760,  and  one  of  two 
shillings  imposed  in  1761  had  had  their  effect  and  ought  not 
thereafter  to  be  collected ;  and  although  the  governor  could 
not  give  his  assent  to  the  resolution,  the  direction  of  the 
Assembly  was  obeyed  by  the  treasurers,  sheriffs  and  people,  c.  r  ,  vii, 
Governor  Tryon,  however,  again  offered  to  lay  before  the 
Crown  an  impartial  statement  of  the  situation,  and  to  urge 
that  permission  be  granted  to  emit  legal  tender  paper  cur- 
rency. 

The  obstacle  to  the  appointment  of  a  provincial  agent  c.  r.,vii, 
continuing,  the  house  by  resolution  appointed  as  its  agent  viii.q" 
Henry  Eustace  McCulloh,  who,  though  a  member  of  the  JVcCuiioh, 
council,  was  in  England  on  leave,  and  was  a  correspondent  *Benl 
of  Speaker  Harvey ;  and  it  adopted  a  remonstrance  and  ad- 
dress to  the  Crown,  expressing  "their  concern  and  anxiety 
because  of  the  acts  of  Parliament  in  regard  to  taxation"  and 
declaring  that  "free  men  cannot  be  legally  taxed  but  by 
themselves  or  their  representatives,,,  and  praying  the  king's 
"interposition  in  favor  of  the  distressed  and  oppressed  peo- 
ple in  the  colony."    Its  tone,  however,  was  submissive  rather 
than     obstructive.      It    did     not     please     Sam     Johnston, 
who  denounced  it  as  "great  pusillanimity."      On  the  other 
hand   Tryon   felicitated  himself  on  the  temper  and  mod- 
eration of  the  Assembly.    Doubtless  there  was  a  motive  to 
seek  favor  abroad  and,  through  the  good  offices  of  Governor 
Tryon,  to  secure  if  possible  permission  to  issue  legal  tender 
currency,  which  was  deemed  so  vitally  necessary  to  the  peace 
and  happiness  of  the  people.    The  chief  obstacle  in  the  way 
of  accomplishing  this  purpose  was  Lord  Hillsborough,  and 


348  TRYON'S  ADMINISTRATION,  1765-71 


1769 


with  him  Tryon  was  supposed  to  have  a  particular  influence. 
Having  adopted  its  address  and  appointed  an  agent  to  pre- 
sent it,  the  house  now  appointed  a  committee  of  that  body  to 
c.  R.fvii,  conduct  the  correspondence.  Among  those  appointed  were 
Samuel  Johnston  and  Joseph  Hewes,  but  they  declined  the 
service,  Johnston  saying  that  the  proceedings  "were  so  in- 
consistent with  his  sentiments"  that  he  refused  to  join  in  the 
address.  The  address  was  well  received  by  the  king,  and 
Lord  Hillsborough  at  once  indicated  that  while  he  could  not^ 
assent  to  the  issue  of  a  legal  tender  currency,  yet  if  the  As- 
sembly would  ask  to  issue  a  paper  currency  founded  on 
credit,  similar  to  that  of  New  England  and  Maryland,  every 
indulgence  would  be  allowed. 

In  England  there  was  much  diversity  of  views  in  regard  to 
America.    Parliament  in  February  urged  the  king  to  action, 
and  that  he  should  have  offenders  against  the  law  transported 
to  England  and  tried  there ;  but  McCulloh  wrote  to  Harvey : 
c.  r.,  viii,  "I  have  it  from  authority  to  acquaint  you  that  the  acts  com- 
39,5  plained  of  are  to  be  repealed — their  proud  stomachs  here 

must  come  down — our  politics  are  a  scene  of  confusion. 
Men's  minds  seem  greatly  inflamed.  The  ministry  most 
cordially  hated."  Hillsborough  himself  wrote  to  Tryon  that 
"in  the  opinion  of  the  present  ministry  it  was  inexpedient 
to  tax  America ;  that  instead  of  other  taxes,  at  the  next  ses- 
sion the  ministry  is  to  propose  to  take  off  the  duties  on  glass, 
paper  and  colors." 
March,  1769  Six  months  had  now  passed  with  no  notable  disturbance 
c.  r.,  viii,  among  the  people.  At  March  term  James  Hunter  was  tried 
at  Hillsboro  and,  although  convicted,  was  awarded  a  new 
trial.  Husband,  who  was  also  then  tried,  was  acquitted. 
Sheriff  Lea,  when  attempting  to  arrest  some  of  the  former 
insurgents,  was  seized  by  their  friends  and  severely  whipped ; 
but  the  governor,  who  seemed  inclined  not  to  be  too  quick 
to  raise  a  quarrel  with  the  people,  said  that  the  act  did  not 
meet  with  the  general  approbation  of  the  Regulators,  and  the 
people  were  quiet;  yet  the  council  recommended  that  the 
prosecution  of  the  offenders  should  be  conducted  with  the 
utmost  rigor  of  the  law.  On  May  6th,  Governor  Tryon, 
announcing  that  he  had  qualified  under  his  commission  as 


REGULATORS'  ADDRESS  TO  THE  PROVINCE      349 

governor,  dissolved  the  Assembly  and  issued  his  writ  for  an  lj£ 

election  of  new  members,  to  be  held  July  18th.  c^  R..vm. 

In  view  of  this  election  the  Regulators  issued  an  address  g^Je{fJ^h 
to  the  inhabitants  of  the  province,  hoping  to  change  the  Carolina,  11, 
personnel  of  the  Assembly.    In  it  it  was  declared  that  the 
causes  of  the  commotions  were  the  misapplication  of  the  pub-  The  causes 
lie  money  to  the  enriching  of  individuals  without  defraying  °  €om 
the  public  expenses ;  pillaging  the  people  by  exorbitant  and 
unlawful  fees  of  public  officers ;  limiting  the  jurisdiction  of 
the  inferior  courts,  dragging  the  people  into  the  superior 
courts,  adding  greatly  to  the  necessary  expenses  and  cost  of 
litigation.    Especially  was  stress  laid  on  the  enormous  in- 
crease of  the  provincial  tax,  and  with  fine  art  it  was  said : 
"Many  are  accusing  the  legislative  body  as  the  source  of  all 
these  woeful  calamities.    These,  it  must  be  confessed,  are  the 
instrumental  cause."    But  the  address  bluntly  laid  the  trouble  Husband's 
at  the  door  of  the  people,  and  asserted  that  "the  original,  book 
principal  cause  is  our  own  blind,  stupid  conduct  in  choosing 
persons  to  represent  us  who  would  sacrifice  the  true  interests 
of  their  country  to  avarice  or  ambition."     It  was  declared 
that  "the  majority  of  our  Assembly  is  composed  of  lawyers, 
clerks  and  others  in  connection  with  them,  while  by  our  own 
voice  we  have  excluded  the  planter."    It  was  a  strong  ad-  c.  r.,viii, 
dress.    It  had  its  effect  in  Orange,  Granville  and  Anson.    In  xo6 
Anson,  Spencer  was  rejected  by  the  people;  in  Granville, 
Tom  Person  and  Howell  Lewis  were  elected.    Orange  sent 
Husband    and    Pryor    instead    of    Edmund    Fanning    and 
Thomas  Lloyd.     Mecklenburg  and  Rowan,  however,  stood 
firm.    In  the  latter  Rutherford  was  again  returned,  but  Fro- 
hock,  then  under  grave  charges,  gave  place  to  Sheriff  Locke. 
While  there  were  other  changes  in  several  counties,  they  do 
not  seem  to  have  been  due  to  these  influences.     However, 
the  Regulators  were  not  content  to  rest  there.    In  August  a 
committee  was  raised  to  attend  the  Salisbury  court,  and  to 
bring  to  justice  those  officers  who  had  broken  the  law;  but 
their  efforts  were  without  avail,  for  in  every  case  they  pre- 
sented the  grand  jury  ignored  the  bills.     Yet  they  had  this  r  R.fvnit 
satisfaction — that  the  governor,  having  received  authority  6? 
from   the   king,   now    issued    his   proclamation    pardoning 


350  TRYON'S  ADMINISTRATION,  1765-71 

**?  James  Hunter  and  all  other  persons  who  had  been  concerned 

in  the  disturbances  of  the  previous  year.    The  ordeal  of  the 
courts  had  been  stood.    No  punishment  had  resulted. 
nSTb^o    /  ^  September  7th  a  great  disaster  befell  New  Bern  and 
the  eastern  part  of  the  province.    The  severest  storm  ever 
known  devastated  that  section.    The  tide  rose  in  a  few  hours 
at  New  Bern  twelve  feet  higher  than  ever  before,  and  the 
wind  blew  so  violently  that  nothing  could  stand  before  it. 
Every  vessel  and  boat  was  driven  up  into  the  woods.    One 
entire  street,  with  its  houses,  storehouses  and  wharves,  was 
swept  away,  and  several  of  the  inhabitants  were  carried  off 
in  the  flood.     Bridges  and  ferryboats  were  destroyed,  and 
the  roads  were  impassable  for  weeks  because  of  the  fallen 
c.  r,viii,  trees.    For  the  most  part  the  crops  were  lost  and  there  was 
7fui*ew       great  suffering  in  all  that  region.     In   the  midst  of  this 
A**mbiy      wrecjcage  the  Assembly  met  in  October  at  New  Bern,  Har- 
vey again  being  the  speaker.    The  situation  was  somewhat 
different  from  that  at  the  previous  session.    In  May  the  Vir- 
#  ginia  Assembly  had  adopted  vigorous  resolutions  against  the 

acts  of  Parliament,  and  George  Washington  was  about  to 
present  resolutions  again  recommending  the  non-importation 
of  British  goods,  when  Lord  Botetourt,  the  governor,  hastily 
Oct.,  1769      dissolved  the  Assembly.     But  the  members  were  not  to  be 
The  meeting  thus  outdone.    They  immediately  convened  as  a  sort  of  con- 
Tavern'8       vention  at  Raleigh  Tavern  and  adopted  Washington's  resolu- 
tions and  communicated  their  action  to  the  other  colonies, 
and  once  more  non-importation  agreements  were  entered  into 
by  the  people  in  all  the  provinces. 

Similar  sentiments  dominated  in  North  Carolina,  and  to 
allay  them  Governor  Tryon  in  his  address  to  the  Assembly 
c  r.viii,  urged  that:  "The  weighty  concerns  that  will  fall  under  your 
88  consideration  this  session   require  all  possible  temper  and 

moderation ;"  and  he  had  the  happiness  to  inform  the  body 
that  the  ministry,  instead  of  laying  further  taxes,  had  the 
intention  to  propose  to  Parliament  to  take  off  the  duties  on 
glass,  paper  and  colors ;  and  he  besought  their  prudence  and 
candor  and  a  confidence  that  would  remove  the  prejudices 
that  had  been  excited  against  the  mother  country. 


THE  ASSEMBLY  ACTS 


351 


The  house  proceeds  to  business  n*9 

Petitions  were  presented  to  the  Assembly  by  many  inhabi- 
tants of  Anson  County,  and  also  by  inhabitants  of  Orange 
and  Rowan,  setting  forth  the  grievances  of  which  the  Regu- 
lators complained,  and  urging  remedies.  These  papers,  like 
the  address  to  the  governor  of  May,  1768,  were  admirably 
drawn.  Especially  were  the  remedies  recommended  in  the 
Anson  petition  worthy  of  the  earnest  consideration  of  the 
Assembly.  They  proposed  reforms  that  in  the  progress  of 
events  had  become  necessary  in  the  administration  of  public 
affairs.  The  house  first,  with  the  concurrence  of  the  gover- 
nor, appointed  an  agent  for  the  colony,  McCulloh  being 
continued  in  that  employment.  Then,  when  it  had  hardly  en- 
tered on  the  business  of  the  session,  Speaker  Harvey  pre- 
sented the  resolutions  transmitted  by  the  House  of  Burgesses 
in  Virginia. 

Nothing  now  was  to  be  gained  by  moderation.    The  ap-  c.  r.viii, 
peals  of  the  governor  were  disregarded  and  the  Assembly  at  The 
once  unanimously  adopted  similar  resolutions  and  also 


Nor  ,  1769 
Pctiti.  us  tor 
new  counties 


C.  R..VIII, 
75-81,  151 


Assembly 
defiant 


"Resolved,  That  the  sole  right  of  imposing  taxes  on  the  inhabi- 
tants of  this  his  Majesty's  colony  in  North  Carolina  is  now  and 
ever  hath  been  legally  and  constitutionally  vested  in  the  house  of 
Assembly,  etc. 

"Resolved,  That  all  trials  for  treason  or  crime  whatsoever  com- 
mitted in  said  colony  by  any  person  residing  therein  ought  of  right 
to  be  had  and  conducted  in  and  before  his  Majesty's  courts  held 
within  said  colony,"  etc. 

In  the  address  to  the  king  the  Assembly  said :  "We  cannot  with- 
out horror  think  of  the  new,  unusual,  and  permit  us  to  add  uncon- 
stitutional and  illegal  mode  recommended  to  your  Majesty  of  seizing 
and  carrying  beyond  seas  the  inhabitants  of  America  suspected  of  any 
crime,"  etc. 

An  address  to  the  king  was  adopted  which  the  committee 
of  correspondence  was  to  transmit  to  McCulloh  ''with  direc- 
tions to  cause  the  same  to  be  presented  to  his  Majesty  and 
afterward  to  be  published  in  the  English  papers."  This 
measure,  as  violent  as  it  was  unexpected,  was  a  blow  in  the 
face  to  the  governor.  As  a  salve  to  his  wounded  pride,  the 
house,  however,  assured  him  of  its  steadfast  confidence  in 


c  R.,V1II, 

»35 


352 


TRYON'S  ADMINISTRATION,  1765-71 


1769 


Nov.  6-7, 
1769 

S.  C.  Gaz- 
ette, Dec.  8, 
1769 

Non-im- 
portation 


C.  R.,VIII, 
169,  170 


Martin, 
Hist.  North 
Carolina, 
II.  'S3 

The  withes 
of  the 
people 


C.  R..VI1I, 

75-So 


his  good  purposes  and  intentions,  and  of  its  unalloyed  es- 
teem and  attachment ;  but  its  action  required  him  under  his 
instructions  to  dissolve  the  Assembly,  and  this  he  did  with 
some  show  of  mortification  rather  than  of  anger.  But  the 
members,  notwithstanding  the  dissolution,  immediately  re- 
paired to  the  court-house,  organized  by  electing  John  Harvey 
moderator,  and  prepared  an  association  paper  which  they 
signed,  pledging  themselves  to  non-importation  and  not  to 
use  goods  of  British  manufacture. 

Writing  to  Lord  Hillsborough  in  January,  Tryon  re- 
ferred to  his  application  to  be  relieved  as  governor,  and  re- 
marked that  the  proceedings  of  the  Assembly  wounded  his 
sensibilities — the  more  because  he  was  dangerously  ill  at  the 
time.  He  had  no  expectation  of  re-establishing  cordial  re- 
lations. "Confidence,  my  lord,"  said  he,  "that  delicate  polish 
in  public  transactions,  has  received  an  ugly  scratch,  and  I 
fear  we  have  no  artists  here  who  can  restore  it  to  its  original 
perfection/'  He  would  have  been  glad  to  leave  the  province 
at  once,  but  until  the  building  at  New  Bern  should  be  com- 
pleted and  his  accounts  should  be  passed  on,  he  felt  it  neces- 
sary to  remain ;  but  he  ardently  requested  leave  to  return  to 
England  in  the  spring  of  1771.  Hillsborough  about  the  same 
time  directed  him  to  call  a  new  election  of  representatives, 
and  urged  that  he  should  be  cautious  in  his  speech ;  for  in- 
deed the  governor's  address  to  the  last  house,  "pledging  the 
faith  of  the  Crown  for  the  repeal  of  some  taxes,"  had  been 
brought  into  Parliament,  and  a  motion  made  there  that  "it 
was  derogatory  to  his  Majesty's  honor,  and  to  the  freedom 
of  parliamentary  deliberation."  But  Hillsborough  was  able 
to  protect  him,  and  the  proposed  rebuke  failed  to  pass. 

Before  the  dissolution  the  house  had  entered  zealously  on 
business.  The  petitions  of  the  inhabitants  of  the  different 
western  counties  were  read  to  the  Assembly  by  Husband,  one 
of  the  representatives  of  Orange.  Apparently  they  were  not 
drawn  by  the  same  hand.  One  from  Orange,  signed  by 
Francis  Nash  and  other  officers  of  the  government,  asked 
that  there  should  be  established  at  Hillsboro  a  public  in- 
spection of  tobacco  and  hemp,  and  other  commodities;  one 
from  Anson  County  particularly  desired  that  Presbyterian 
ministers  might  be  allowed  to  celebrate  marriage  with  pub- 


REMEDIAL  LEGISLATION  PROPOSED  353 

Hcation  of  banns.     The  grievances  complained  of  by  the  j£? 

Regulators  were  set  forth  in  petitions  from  Anson  and  from 
Orange  and  Rowan.  The  state  of  the  sinking  fund  was 
particularly  commented  on.  A  division  of  Orange  and 
Rowan  was  asked  for.  It  was  proposed  as  remedies  for  ex- 
isting evils  the  use  of  tickets  and  ballots  at  elections ;  impos- 
ing taxes  on  estates ;  not  collecting  taxes  in  money  until  there 
was  more  currency ;  abolishing  fees  and  perquisites  for  the 
chief  justice,  paying  him  by  a  salary;  giving  to  a  single 
justice  the  power  to  enter  final  judgment  without  appeal  and 
without  lawyers  on  small  debts ;  restricting  the  fees  of  clerks 
and  lawyers,  and  relieving  defendants  of  costs  on  indict- 
ments when  not  found  guilty  by  the  jury.  The  Assembly  was 
also  requested  to  send  a  remonstrance  to  the  king  on  the 
conduct  of  the  receiver  of  quit  rents,  and  also  in  regard  to 
the  action  of  the  governor  and  council  in  granting  warrants  Reforms 
for  lands.  And  the  Assembly  was  asked  to  establish  ware- 
houses on  the  Peedee,  on  the  Catawba,  at  Campbellton,  and  at 
some  point  in  Tryon  County ;  and  finally  that  every  denomi- 
nation of  people  might  marry  according  to  their  respective 
ceremonies.  Some  of  these  proposed  reforms  had  in  the 
progress  of  events  become  necessary  in  the  administration 
of  public  affairs,  and  were  worthy  of  the  earnest  considera- 
tion of  the  Assembly. 

Agreeably  to  these  petitions  the  Assembly  had  at  once 
begun  to  devise  remedial  legislation.    A  bill  allowing  a  single 
justice  to  try  cases  involving  only  £5  passed  all  of  its  sev- 
eral readings,  except  the  third  in  the  council,  when  the  dis- 
solution occurred,  and  it  fell.     Another,  to  limit  the  fees  c.  r.,viii, 
taxed  for  attorneys,  met  with  a  similar  fate.    The  Assembly  The 
was  pressing  forward  in  the  consideration  of  such  measures   responsive 
when  it  was  notified  of  the  impending  dissolution ;  and  then 
in  its  last  moments,  with  the  hope  and  expectation  of  bene- 
ficial results,  it  passed  some  resolutions  intended  on  the  one 
hand  to  remove  grievances  and  on  the  other  to  curb  popular 
demonstrations.    It  resolved  that  the  public  accounts,  begin-   c.  r.,viii, 
ning  with  the  year  1748,  should  be  examined  and  stated  by   p3u9bHc 
Mr.  John  Burgwin,  confessedly  a  very  competent  accountant, 
who  was  required  to  make  his  report  at  the  next  session ;  and 
it  resolved  that  if  any  public  officer  exacted  illegal  fees,  on 


accounts 


354  TRY  OX'S  ADMINISTRATION  1765-71 

***  conviction  he  should  receive  the  highest  punishment   the 

house  could  inflict.  But  opposition  to  sheriffs  being  preva- 
lent and  peace  within  the  province  being  of  the  greatest  mo- 
ment, the  house  declared  that  all  persons  who  opposed  sher- 
iffs in  the  execution  of  their  office  should  be  regarded  as 
enemies  of  their  country  and  deserving  of  the  highest  pun- 
ishment. 

The  failure  of  remedial  enactments  because  of  the  unex- 
pected dissolution  was  a  great  disappointment  to  those  mem- 
bers of  the  Assembly  who  sympathized  with  the  Regulators. 
A  similar  disappointment  was  felt  generally  by  the  people  at 
the  west.     They  had  counted  much  on  their  appeal  to  the 
Assembly,  and  now  the  Assembly  had  passed  without  result. 
In  February  the  governor  issued  a  proclamation  for  a  new 
Feb .  1770     election  of  assemblymen.    In  view  of  this  election  the  leaders 
of    the    Regulators    at   once    entered    on    an    active    cam- 
paign to  gain  members  favorable  to  their  interest.     Large 
parties  visited  the  counties  in  the  upper  districts,  and  even 
ili-treated  those  who  refused  to  join  their  standard.    As  yet 
they  had  not  paid  their  taxes.    For  the  year  1766  the  sheriff 
iW^"1,    °*  R°wan  reported  1833  of  them  delinquent.     For  the  year 
1768  only  205  paid  taxes  in  that  county,  not  being  one  in  ten 
of  the  inhabitants.    On  March  13th,  the  day  after  the  elec- 
tion, Judge  Moore,  who  was  holding  court  at   Salisbury, 
wrote  to  the  governor  that  "there  is  no  such  thing  as  col- 
lecting the  public  tax  or  levying  a  private  debt,"  and  that 
civil  process  could  not  be  executed  among  the  Regulators. 
Early  in  April  the  governor  therefore  issued  a  proclamation 
commanding  the  enforcement  of  the  law  and  requiring  that 
all  sheriffs  obstructed  in  their  office  should  attend  at  the  next 
meeting  of  the  Assembly. 
The  Son»     /    The  rebellious  action  of  the  late  Assembly,  however,  de- 
Activcerly  '  termincd  the  governor  to  postpone  the  meeting,  and  he  pro- 
rogued the  Assembly  until  November.     But  proroguing  the 
Assembly  did  not  deter  the  people.    At  a  general  meeting  of 
the  Sons  of  Liberty  of  the  six  Cape  Fear  counties,  held  at 
Wilmington  on  July  5th,  Cornelius  Harnett  being  the  chair- 
South  man,  it  was  resolved  to  adhere  to  non-importation ;  and  as 
GaKite?        Rhode  Island  had  violated  her  faith,  they  resolved  to  have 
July  06,1770  no  mercantile  dealings  with  Rhode  Island,  and  that  "all  mer- 


THE  HILLSBORO  RIOTS  355 

chants  who  will  not  comply  with  the  non-importation  agree-  .  w 
ment  are  declared  enemies  to  their  country."  And  it  was 
asserted  that  not  only  the  inhabitants  of  the  six  counties,  but 
of  every  county  in  the  colony,  were  "firmly  resolved  to  stand 
or  fall  with  them  in  support  of  the  common  cause  of  Ameri- 
can liberty."  The  temper  of  the  people  was  firm  and.fixed 
to  maintain  their  rights  and  to  resist  British  aggression!;  and 
Governor  Tryon  saw  with  uneasiness  on  the  oneTiana  the 
resolute  Sons  of  Liberty,  and  on  the  other  the  discontented 
inhabitants  of  the  interior  agitating  for  desirable  local  reforms 
and  for  a  mitigation  of  local  grievances  which  he  was  power- 
lessto  remedy. 
/  Early  in  June  the  palace  was  so  near  completion  that  the 

'governor  removed  from  Brunswick  and  took  up  his  residence 

vjnit  ^ 
The  superior  court  broken  up 

When  the  superior  court  was  to  meet  at  Hillsboro  in  Sep-  jnibboro, 

Scot     1 990 

tember,  Chief  Justice  Howard  was  absent.  Judge  Richard  c.  r.,viii, 
Henderson  opened  the  court  on  Saturday,  September  22d.  935, 24S 
On  taking  his  seat  a  petition,  addressed  to  the  chief  justice 
and  associate  justices,  was  presented  by  James  Hunter,  in 
which  it  was  declared  that  the  juries  were  illegally  drawn  and 
were  prejudiced,  and  that  the  county  justices  were  parties 
to  the  delinquencies  of  the  sheriffs  and  other  officers ;  that  the 
officers  still  took  illegal  fees;  that  the  sheriffs  would  not 
settle,  and  their  bondsmen  were  insolvent;  that  justice  was 
not  administered  in  the  courts,  and  that  they  had  deter-  d£"**t°efnt 
mined  to  obtain  redress,  but  in  a  legal  and  lawful  way.  On 
receiving  this  address  Judge  Henderson  promised  to  make 
an  answer  to  it  on  Monday ;  but  on  the  opening  of  the 
court  on  that  day  some  one  hundred  and  fifty  Regulators, 
at  the  head  of  whom  were  Husband,  Hunter,  Howell,  But- 
ler, Hamilton  and  Jeremiah  Fields,  came  into  the  court- 
house armed  with  clubs  and  whips.  Fields,  addressing 
the  court,  declared  that  the  Regulators  did  not  propose 
to  have  the  cases  against  their  leaders  postponed,  but 
that  the  trials  should  proceed  at  once;  and  as  they  ob- 
jected to  the  jurymen  drawn  for  that  court,  they  would 
have  others  appointed  who  would  not  be  prejudiced  against 
their   own   party.     The   judge   undertook   to    reason   with 


356  TRYON'S  ADMINISTRATION,  1765-71 

lJ£  the    crowd    and    addressed    them,    whereupon    they    with- 

drew, but  immediately  fell  on  John  Williams,  an  attorney, 
who  was  coming  into  court,  in  such  a  furious  manner  that 
it  was  with  great  difficulty  his  life  was  saved  by  his 
escaping  into  a  storehouse.  Their  blood  being  now  up,  they 
seized  Colonel  Fanning,  who  had  sought  shelter  on  the 
bench,  and  dragged  him  by  the  heels  out  of  the  door  of  the 
court-house,  and  were  dealing  him  furious  blows  when  he, 
too,  succeeded  in  escaping  and  took  refuge  in  a  store,  which 
the  mob  then  attacked,  demolishing  the  windows  with  stones 
and  bricks,  trying  to  force  him  from  his  shelter.  During 
the  uproar  several  approached  the  judge  on  the  bench,  tell- 
ing him  with  great  oaths  that  his  "turn  should  be  next ;"  but 
Hunter  and  others  soon  informed  the  judge  that  he  should 
not  be  hurt  if  he  would  proceed  to  hold  the  court  till  the  end 
of  the  term,  requiring,  however,  that  no  lawyer  should  be 
allowed  to  attend  except  alone  the  prosecuting  officer,  and 
saying  that  "they  would  stay  and  see  justice  impartially 
done."  In  the  meantime  Thomas  Hart,  Alexander  Martin, 
Michael  Holt  and  many  others  had  been  severely  whipped, 
and  Colonel  Gray,  Major  Lloyd,  Francis  Nash,  John  Cooke, 
Tyree  Harris  and  others  fled  for  safety.  The  judge  did  not 
disdain  to  resort  to  artifice.  He  agreed  to  hold  the  court  as 
required ;  but  after  four  or  five  hours,  the  rage  of  the  crowd 
having  subsided  a  little,  they  permitted  him  to  adjourn  the 
court  for  the  day,  and  conducted  him  with  great  parade  to 
his  lodgings.  At  ten  o'clock  that  night  the  judge,  thinking 
discretion  the  better  part  of  valor,  escaped  by  a  back  way, 
gained  the  woods  and  fled  to  his  home  in  Granville. 

Fanning,  having  surrendered  to  them,  was  allowed  to  re- 
turn to  his  home  on  his  word  of  honor  to  attend  them  the 
next  day.  They  decreed  his  death,  but  more  humane  coun- 
sels prevailed,  and  he  was  permitted  to  take  to  his  heels  and 
run  until  he  should  get  out  of  their  sight.  They  then  de- 
stroyed his  residence  and  household  effects.  For  two  days 
the  riot  continued,  the  merchants  and  inhabitants  being  run 
out  into  the  country,  expecting  their  stores  and  houses  to  be 
pillaged  and  laid  waste.  But  besides  breaking  the  windows 
of  most  of  the  houses,  not  much  substantial  damage  was 
done,  except  to  Fanning's  dwelling. 


THE  ASSEMBLY  OF  1770  357 

Judge  Henderson  hastened  to  make  a  report  of  these  pro-  x2* 

ceedings  to  the  governor,  who  convened  his  council ;  and  on.c  r.,viii, 
October  18th  the  governor  issued  his  proclamation  requir- 
ing the  justices  to  make  diligent  inquiry  into  the  offences 
committed  and  transmit  the  depositions  of  witnesses  to  be 
laid  before  the  next  General  Assembly.    Judge  Henderson's 
broken  faith  in  not  continuing  to  hold  his  court  met  with 
severe  retribution.    On  the  night  of  November  12th  his  barns 
and  stables  were  destroyed,  several  horses  being  burned  in 
the  conflagration,  and  two  nights  afterward  his  dwelling 
house  was  set  on  fire  and  consumed.     Contemporaneously  c.  Rm  vin, 
with  the  news  of  this  destruction  came  the  disquieting  infor- 
mation to  the  governor  that  the  Regulators  proposed  to  come 
down  to  New  Bern  to  intimidate  and  overawe  the  Assembly, 
then  about  to  meet  or  to  prevent  Colonel  Fanning  from  tak- 
ing his  seat  as  a  member.    In  the  meantime  some  of  the  in-  R^reMe„ 
habitants  at  the  west,  seeking  self-preservation,  entered  into  c.r.,vih, 
a  sworn  association  under  the  name  of  Redressers  to  assist  *74 
and  protect  each  other.    Among  those  thus  associated  were 
Edmund  Fanning,  Francis  Nash,  Adlai  Osborn,  Alexander 
Martin,  Jesse  Benton,  John  Hogan,  Thomas  Hart,  James 
Murphey,  Will  Mebane  and  others  afterward  prominent  as 
citizens  in  that  region. 

On  December  5th  the  Assembly  met.  There  was  no  great  Dec.,  177© 
change  in  membership.  Hillsboro  having  been  created  a 
borough  town,  Fanning  was  returned  as  its  member. 
(^>hn  Harvey,  who  had  been  speaker  during  the  last  two 
assemblies,  was  now  ill  at  home,  and  in  his  absence  Samuel 
Johnston  proposed  for  speaker  Richard  Caswell,  who  was 
unanimously  chosen.  The  governor  received  the  Assembly  in 
the  new  mansion,  which  was  then  finished ;  and  considering 
New  Bern  as  the  established  seat  of  government  he  later,  at 
the  request  of  the  Assembly,  ordered  the  secretary  to  remove 
all  the  papers  of  the  secretary's  office  from  Wilmington  to 
that  town. 

The  governor  in  his  address  again  repeated  his  earnest  c.  rmviii, 
recommendation  for  a  new  system  of  keeping  the  public  ac- 
counts and  inveighed  strongly  against  the  loose  methods  that 
had  always  been  in  vogue  in  the  province.     He  also  urged 
the  most  scrupulous  inquiries  into  the  complaints  against 


358  TRYON'S  ADMINISTRATION,  1765-71 

*J£  public  officers,  and  that  a  clear  statement  should  be  made  of 

the  fees  to  which  they  were  legally  entitled.  Animadvert- 
ing with  great  indignation  on  the  mob  who  in  contempt  of 
the  resolve  of  the  last  house  had  torn  " justice  from  her 
tribunal  and  renounced  all  legislative  authority,"  he  urged 
the  raising  of  a  sufficient  body  of  men  to  protect  the  magis- 
trates and  civil  officers  in  the  execution  of  the  laws.  He 
nevertheless  directed  particular  attention  to  the  desirability 
of  establishing  a  public  seminary  in  the  back  country,  and 
otherwise  recommended  that  there  should  be  general  coop- 
eration in  measures  for  the  public  good. 
Tryon  The  Earl  of  Hillsborough  had  some  months  before  men- 

toNcwYork  tioned  to  the  governor  that  he  had  had  an  opportunity  of  hav- 
ing him  transferred  to  New  York  and  would  have  done  so 
had  he  thought  that  Governor  Tryon  desired  it.  The  gov- 
ernor expressed  regret  that  the  position  had  not  been  offered 
him.  He  now  informed  the  Assembly  that  he  had  received 
leave  of  absence,  but  hoped  that  before  his  departure  he 
would  be  able  to  give  stability  to  the  interior  police  of  the 
country,  and  restore  to  the  province  the  blessings  of  peace. 
At  the  very  time  he  was  making  this  communication  to  the 
Assembly,  arrangements  were  being  made  in  England  for 
his  transfer  to  New  York,  and  on  December  12th  he  was 
appointed  governor  of  that  province.  In  view  of  his  ex- 
pected departure  for  England,  and  there  being  no  friction  at 
the  moment  over  continental  affairs,  the  relations  between 
the  governor  and  the  Assembly  were  most  cordial.  The  As- 
sembly warmly  expressed  its  gratification  and  appreciation  of 
his  valuable  services  as  governor  and  their  confidence  in  the 
sincerity  of  his  efforts  to  promote  its  prosperity  and  welfare, 
and  he  repeatedly  declared  his  unchangeable  purpose  to  use 
his  influence  under  all  circumstances  to  advance  the  peculiar 
c.  r.,viii,  interests  of  the  province.  "Neither  time  nor  distance  can 
ever  efface  from  my  mind,"  said  he,  "the  just  sense  of  the 
obligations  I  owe  you  for  your  favorable  opinion  of  my  pub- 
lic services."  On  all  sides  there  was  a  purpose  to  enter  at 
once  on  the  consideration  of  the  remedial  legislation  which 
had  been  interrupted  by  the  dissolution  of  the  previous  As- 
Fannin  sembly.  Edmund  Fanning,  a  close  friend  of  the  governor 
**"**  and  the  greatest  sufferer  at  the  hands  of  the  Regulators, 


REMEDIAL  LEGISLATION  359 

was  among  the  foremost  in  this  important  work.     He  pre-  lj£ 

sented  petitions  from  the  Presbyterians  asking  that  their 
clergy  might  be  authorized  to  perform  the  marriage  cere- 
mony according  to  their  own  rites,  also  petitions  for  the 
division  of  Orange  County,  and  he  otherwise  sought  to  pro- 
mote the  wishes  of  the  people.  A  committee  was  raised  to  c.  r.,viii, 
consider  the  amendment  of  existing  laws,  and  Mr.  Fanning  3aa 
from  that  committee  reported  that  the  laws  establishing  fees 
of  the  various  officers  should  be  made  more  clear ;  that  the 
Presbyterian  clergy  should  be  allowed  to  solemnize  the  rite 
of  marriage  by  a  license,  without  any  fee  to  the  established 
clergy ;  that  the  law  relative  to  the  inferior  courts  should  be 
amended,  and  their  jurisdiction  and  that  of  single  magis- 
trates should  be  enlarged;  and  he  suggested  that  the  com- 
mittee should  be  continued  during  recess.  Colonel  Ruther- 
ford was  similarly  active,  and  introduced  several  bills  for 
the  erection  of  new  counties,  which  the  people  by  their  peti- 
tions requested.    The  counties  of  Wake,  Guilford,  Chatham  The  new 

counties 

and  Surry  were  thus  established.  The  fees  of  officers  were 
regulated,  and  the  charges  of  attorneys-at-law  were  fixed 
according  to  the  service  rendered.  The  amount  in  every 
case  was  to  be  included  in  the  bill  of  costs,  and  nothing  ^^  - 
more  than  the  law  allowed  was  to  be  demanded  by  them; 
yet  any  client  was  permitted  the  privilege  of  paying  more 
after  the  matter  was  concluded  if  he  felt  so  disposed ;  and  if 
any  lawyer  neglected  his  case  the  court  was  to  direct  that  he 
should  pay  the  costs. 

Because  of  the  scarcity  of  money  sheriffs  were  forbidden 
to  sell  property  for  less  than  two-thirds  of  the  appraised 
value.    The  fees  of  clerks  were  regulated,  and  those  thereto-  xxm,  78» 
fore  allowed  by  law  to  the  chief  justice  were  abolished,  and  ""*' 
an  adequate  salary  was  provided  for  him.     To  encourage 
immigration,  all  persons  who  should  come  into  the  province 
directly  from  Europe  were  exempted  from  the  payment  of 
taxes  for  four  years.     In  order  to  promote  education  Gov- 
ernor Tryon  in  his  address  had  recommended  the  establish- 
ment of  a  public  school  in  the  western  part  of  the  province, 
and  Fanning  brought  in  a  bill  for  that  purpose;  and  an  act 
was  passed  incorporating  Queen's  College  at  Charlotte,  a  omen's 
hamlet  in  Mecklenburg,  so  called  in  honor  of  her  Majesty.  ^ol,e«e 


360 


TRYON'S  ADMINISTRATION,  1765-71 


These  and  various  other  acts  were  intended  and  calculated 
to  remove  and  redress  the  grievances  of  which  the  Regula- 
tors had  complained. 


Jan.,  1771 


C.R.,VIII, 

481 


^ohnston^l 
loody  bill 


Drafts 
ordered 


The  riot  act 

But  the  Assembly  was  not  willing  to  stop  there.  It  pro- 
posed that  the  peace  of  the  province  should  not  be  disturbed. 
It  passed  an  act  introduced  by  Samuel  Johnston  to  prevent 
tumultuous  and  riotous  assemblies.  It  enacted  that  if  ten  or 
more  persons,  being  unlawfully,  tumultuously  and  riotously 
assembled  together,  to  the  disturbance  of  the  public  peace,  y 
after  being  openly  commanded  by  any  justice  or  sheriff  to 
disperse,  should  notwithstanding  remain  together  one  hour 
thereafter,  they  should  be  adjudged  guilty  of  felony  and  suf- 
fer death.  And  it  was  made  the  duty  of  such  justice  or 
sheriff  and  such  persons  as  should  be  commanded  to  assist  to 
apprehend  the  rioters ;  and  if  any  of  them  in  resisting  should 
be  killed  the  officers  should  not  be  held  liable;  and  it  was 
enacted  that  the  prosecutions  under  that  law  might  be  in 
any  superior  court  in  the  province,  and  not  necessarily  in 
the  county  or  district  where  the  offence  was  committed ;  and 
also  if  any  bill  of  indictment  was  found  for  an  offence  under 
that  act,  it  was  lawful  for  the  judges  of  the  superior  court 
to  issue  a  proclamation  to  be  put  up  at  the  court-house  and  at 
each  church  or  chapel  of  the  county  where  the  crime  was 
committed,  commanding  the  indicted  person  to  surrender 
himself  to  the  sheriff  within  sixty  days ;  and  if  the  person  did 
not  surrender  himself  according  to  the  proclamation  he 
was  to  be  deemed  guilty  of  the  offence  as  if  he  had  been 
convicted ;  and  it  was  made  lawful  for  any  one  to  slay  such 
outlaw. 

In  anticipation  of  further  riots  and  insurrections  the  gov- 
ernor was  authorized  to  order  out  drafts  from  the  different 
regiments  of  militia,  who  were  to  be  paid  for  their  services, 
and  he  was  authorized  to  draw  his  warrant  for  the  payment 
of  such  sums  of  money  as  should  be  necessary,  which  the 
treasurers  were  required  to  honor.  And  if  any  number  of 
men  should  in  an  armed  and  hostile  manner  oppose  the 
military  force  raised  under  the  act,  they  were  to  be  consid- 
ered as  traitors  and  treated  accordingly. 


THE  JOHNSTON  ACT  361 

Such  was  the  measure  of  repression  to  vindicate  "the  hon-  !*£ 

or  of  government."    "Your  absence,"  wrote  Iredell  to  Har-  cr.,viii, 
vey,  "at  so  critical  a  period  is  much  to  be  regretted."    "This 
bill,  I  believe,  you  would  have  thought  expedient,  though 
severe;  but  desperate  diseases  must  have  desperate  rem- 
edies." 

It  was  indeed  a  severe  penal  act,  but  was  to  remain  in 
force  for  only  one  year  and  no  longer,  and  during  that  period 
it  was  to  be  read  by  the  justices  at  the  court-house  door  in 
every  county  on  the  second  day  of  court,  and  by  the  minister, 
clerk  or  reader  at  their  place  of  public  worship  immediately 
after  divine  service  once  every  three  months. 

By  it  the  Assembly  proposed  to  maintain  the  authority  of 
government,  to  prevent  riots  and  suppress  insurrections  even 
at  the  cost  of  blood. 

It  had  been  said  that  the  Regulators  proposed  to  embody  JJ^^"* 
and  forcibly  prevent  Edmund  Fanning  from  taking  his  seat. 
Because  of  these  threats  the  governor  was  so  apprehensive 
that  he  caused  a  ditch  to  be  dug  from  Neuse  to  Trent  River 
enclosing  the  inhabited  part  of  the  town ;  and  the  militia  of 
the  neighboring  counties  were  directed  to  oppose  the  insur- 
gents should  they  come.  During  the  sitting  of  the  Assembly 
James  Hunter  published  a  letter  addressed  to  Judge  Maurice 
Moore  in  the  New  Bern  Gazette,  which  was  deemed  slan- 
derous. Moore  was  a  member  of  the  house,  and  the  house 
took  notice  of  it,  and  it  being  understood  that  Hermon  Hus- 
band, also  a  member  of  the  house,  had  caused  it  to  be  printed 

0  C   R    VIII 

a  committee  was  appointed  to  investigate  the  matter.  After  ^  3'J,  • 
an  examination  the  house  resolved  that  Husband  was  guilty 
of  gross  prevarication  and  falsehood;  and  as  he  had  in- 
sinuated in  conversation  that,  in  case  he  should  be  confined 
by  order  of  the  house,  he  expected  down  a  number  of  peo- 
ple to  release  him,  he  was  adjudged  in  contempt  of  the 
house,  and  was  immediately  expelled.  The  governor  at  once  JJj^JJ1 
convened  the  council,  the  chief  justice  being  one  of  the  body, 
and  it  being-  considered  that  if  Husband  should  rejoin  the 
Regulators  fatal  consequences  might  ensue,  they  unanimously 
requested  the  chief  justice  to  take  depositions  and  issue  his 
warrant  for  apprehending  Husband,  who  was  committed  to 
jail  and  confined  until  he  could  be  tried. 


362 


TRYON'S  ADMINISTRATION,  1765-71 


C.  R..VIII, 
490 


UJ1  On  January  15,  1771,  the  riot  act  was  passed.  A  week  later 

c.  r.,viii.  the  governor  informed  the  Assembly  that  he  had  received  in- 
telligence that  led  him  to  apprehend  that  the  insurgents  were 
preparing  for  some  speedy  act  of  violence — the  liberation  of 
Husband  by  force.  All  now  was  in  a  flutter,  and  an  appro- 
priation was  made  to  enable  the  governor  to  withstand  the 
expected  assault.  The  public  business  was  hurried  to  an 
end,  and  on  the  26th  the  Assembly  was  prorogued  to  meet  on 
May  10th.  Governor  Tryon  apparently  had  a  disposition  toT 
try  conclusions  with  the  Regulators.  He  did  not  wish  to  I 
leave  the  province  at  the  end  of  his  term  in  a  state  of  an-f^ 
archy  and  confusion,  and  so  he  rather  courted  a  situation! 
that  would  result  in  the  speedy  suppression  of  disaffection.  I 
The  legislation  of  the  session  was  calculated  to  disarm  op- 
position, and  he  hoped  that  it  would  disorganize  the  adher- 
ents of  the  Regulator  chieftains.  After  Husband  had  been 
in  jail  a  month  *  reports  were  received  that  the  people  of 
Orange  were  assembling,  and  on  January  19th  the  governor 
appointed  a  special  court  under  the  riot  act  to  be  held  by  the 
chief  justice  on  February  2d  for  the  trial  of  Husband  and 
other  alleged  criminals.  In  anticipation  of  an  attempt  at 
rescue,  the  governor  ordered  the  militia  of  the  neighbor- 
ing counties  to  be  in  readiness  to  repulse  the  insurgent 
force.  The  Wake  regiment  assembled  at  Colonel  Hunter's ; 
that  of  Johnston  County  at  Smithfield,  while  Colonel  Caswell 
held  the  Dobbs  militia  at  Kingston.  It  was  reported  that  the 
march  on  New  Bern  would  begin  on  the  nth,  and  a  procla- 
mation was  issued  prohibiting  for  a  reasonable  time  the 
sale  of  firearms  and  ammunition,  lest  they  should  come 
into  the  hands  of  the  mob.  On  February  8th,  however,  the 
grand  jury  of  the  special  court,  having  considered  the  bill 
preferred  against  Hermon  Husband  for  libel,  found  it  not  a 
true  bill  and  Husband  was  discharged.  Being  now  free,  he 
c.  r.,viii,  leisurely  returned  to  the  back  country.  In  the  meantime  the 
Regulators  had  been  active,  and  having  embodied  a  large 
force,  crossed  the  Haw  River,  and  proceeded  to  the  eastward. 
With  that  detachment  were  thirteen  wagons,  while  four 
wagons  had  not  yet  crossed  the  river,  when  Husband  reached 
Hunter's  Lodge  in  Wake  County,  where  the  Wake  regi- 
ment was  assembled,  and  wrote  assuring  his  friends  of  his 


Militia 
moves 


C.  R.,VIII, 
49« 


Husband 
discharged 


500-509 


THE  REGULATORS  DECLARE  THEIR  PURPOSE     363 

release  and  safety.     William  Butler  having  received  this  *JJI 

communication  from  Husband,  hastened  to  the  Regulator  £*£Jjlatora 
camp  and,  the  object  being  accomplished,  the  insurgents  re- 
tired. The  danger  being  passed,  on  February  17th  Colonel 
Hinton  discharged  the  Wake  militia,  and  the  other  regiments 
were  likewise  disbanded.  There  was  a  temporary  lull ;  but, 
nevertheless,  the  governor  and  council  thought  it  prudent 
to  perfect  the  defences  at  New  Bern,  where  another  term  of 
court  was  to  be  held  early  in  March. 

Notwithstanding  the  remedial  acts  so  lately  passed,  the 
Regulators  were  not  at  all  content.  They  were  inflamed  by 
the  passage  of  the  riot  act.  The  power  of  government  had 
ceased  to  be  feared,  and  the  tyrannical  and  bloody  features 
of  that  act,  instead  of  constraining  obedience  and  restoring 
quiet,  only  served  to  arouse  their  indignation  and  excite 
their  ire.  Rednap  Howell,  a  maker  of  popular  ballads, 
had  moved  much  among  the  people,  and  his  rhymes 
doubtless  contributed  largely  to  give  them  good  heart  and 
prepare  them  for  action.  There  were  at  least  some  forty 
of  these  popular  pieces,  although  only  a  few  have  been 
preserved.  They  were  indeed  well  calculated  to  stir  the  dis- 
affected and  warm  them  up  to  patriotic  ardor.  On  the  re-  c.  r.,viii, 
turn  of  the  Regulators  from  their  intended  expedition  to  534.535 
release  Husband,  their  purpose  was  announced  to  attend  the 
Salisbury  court,  then  about  to  be  held,  and  on  March  6th 
some  five  hundred  of  them  encamped  in  the  woods  on  the 
banks  of  the  Yadkyi  River,  where  were  the  Hamiltons, 
Hunter,  James  Graham,  Teague,  Gillespie  and  other  leaders 
in  command.  Having  arrested  Waightstill  Avery,  a  young 
lawyer  of  that  region,  they  carried  him  to  their  camp,  and 
declared  their  purpose  of  flogging  Judge  Moore,  and  of 
killing  all  the  clerks  and  lawyers.  But  such  vaporings  were 
probably  only  vain  boastings.  On  the  same  day  Colonel 
Alexander  Martin  and  John  Frohock,  who  had  been  officers 
of  Rowan,  and  who  with  others  were  charged  with  having 
taken  illegal  fees,  went  to  their  camp  and  desired  to  know 
their  designs  and  purposes.  To  them  they  answered  that 
they  had  no  intention  to  disturb  the  court  or  to  injure  any 
person ;  and  that  they  were  armed  only  to  defend  themselves 
if  assaulted.    On  being  informed  that  their  late  behavior  to 


364 


TRYON'S  ADMINISTRATION,  1765-71 


Adjustment 
agreed  on 


the  judges  had  been  such  that  no  court  would  be  held,  they 
seemed  greatly  concerned.  A  plan  was  then  proposed  for 
accommodating  matters  between  the  people  and  the  officers 
of  Rowan  against  whom  they  complained.  The  matters  in 
dispute  were  to  be  left  to  arbitrators,  the  Regulators  ap- 
pointing Husband,  Graham,  Hunter  and  Thomas  Person  to 
act  for  them ;  Martin  and  Frohock  chose  Matthew  Locke, 
John  Kerr,  Samuel  Young  and  James  Smith  on  their  part. 
The  meeting  of  the  arbitrators  was  fixed  for  the  third  Tues- 
day in  May,  and  the  settlement  was  to  extend  not  only  to 
the  officers  of  Rowan  County  but  to  all  those  who  would  vol- 
untarily join  in  the  arbitration.  The  Regulators,  evidently 
pleased  at  this  proposed  adjustment,  gave  three  cheers  and 
returned  to  their  homes.  Well  had  it  been  had  this  path  to 
peace  been  pursued,  and  by  this  settlement  out  of  court  the 
tranquillity  of  the  province  been  restored.  But  circumstances 
were  no  longer  favorable  to  such  negotiations. 


March,  1771 
C.  R.,VI1I, 
5*&-53» 
Indict  menu 


Alamance 

On  March  nth  another  special  court  convened  at  New 
Bern  attended  by  the  chief  justice  and  Judges  Moore  and 
Henderson.  The  grand  jury  on  the  15th  presented  the  in- 
surgents as  being  enemies  to  government,  and  to  the  liberty, 
happiness  and  tranquillity  of  the  inhabitants  of  the  province. 
True  bills  were  found  against  Husband,  Hunter,  Butler,  thet 
Hamiltons,  James  Few,  Rednap  Howell  and  many  other! 
leaders  of  the  Regulators,  there  being  thirty-one  persons  in-J 
dieted,  and  the  witnesses  wrere  recognized  to  attend  on  May 
nth,  when  the  cases  were  to  be  tried.  On  March  18th,  two 
days  after  the  court  adjourned,  the  governor  came  into  pos- 
session of  a  letter  written  by  Rednap  Howell  a  month  earlier, 
from  which  it  appeared  that  he  had  been  sent  to  Halifax  to 
"raise  the  country,"  and  that  he  had  "animated  the  people  to 
join  the  Regulation,"  and  he  declared  "if  it  once  takes  a  start 
here  it  will  run  into  the  neighboring  counties  of  Edgecombe, 
c.  r.,viii,  Bute  and  Northampton."  At  the  same  time  the  governor 
536-539  received  a  letter  from  the  judges  expressing  their  opinion 
that  they  could  not  attend  the  superior  court  at  Hillsboro 
on  March  226  with  any  hope  of  transacting  the  business  of 
the  court,  or  indeed  with  any  prospect  of  personal  safety  to 


TRYON  RAISES.  TROOPS 


365 


The 

governor 

acts 

C.  R.,VIII, 

540-549 


C.  R.,VIII, 

548 


themselves.  The  governor  submitted  these  matters  to  the 
council,  and  it  was  agreed  with  their  advice  to  raise  a  suf- 
ficient force  to  maintain  order  and  reduce  the  insurgents  to 
obedience  to  the  laws.  The  courts  were  to  be  held  and  the 
administration  of  justice  was  not  to  cease. 

Fearing  the  extension  of  the  Regulation  movement  among 
the  inhabitants  of  the  eastern  section,  an  association  paper 
was  printed  and  circulated  through  the  counties  for  signa- 
ture, in  which  those  who  signed  it  bound  themselves  to  stand 
with  the  government  against  the  Regulators  until  the  tran- 
quillity of  the  province  should  be  restored ;  and  the  governor 
at  once  issued  orders  for  the  militia  to  assemble,  and  called 
for  volunteers  and  drafts  to  form  a  force  that  would  sup- 
press the  insurgents.  From  each  county  a  number  was 
required,  aggregating  in  all  2250  men.  The  governor 
hastened  to  Wilmington  and  appointed  General  Waddell 
general  of  the  forces  to  be  raised,  with  directions  to  march 
through  the  western  counties  by  way  of  Salisbury  to  Orange, 
while  he  himself  with  the  eastern  militia  would  march  direct 
to  Hillsboro.  The  governor's  authority  for  this  movement 
was  founded  on  a  clause  of  the  riot  act ;  and  he  was  upheld 
by  all  of  the  gentlemen  of  the  east. 

Many  of  them  at  once  volunteered  to  accompany  him  on 
his  intended  expedition  and  none  held  back.  Caswell  was  a 
colonel,  Ashe  a  general,  Harnett  was  particularly  active, 
while  John  Harvey  was  detained  by  his  continued  illness. 
His  son,  a  member  of  the  Assembly,  was,  like  him,  esteemed 
by  the  governor.  On  March  19th,  the  day  Governor  Tryon 
issued  his  orders  to  the  colonels  to  collect  their  men,  he  en- 
closed a  copy  to  Harvey,  saying :  "If  you  .  .  .  can  pro- 
cure from  the  counties  of  Pasquotank  and  Perquimans,  with 
the  assistance  of  Colonel  Taylor,  a  company  of  fifty  men, 
.  .  .  and  contrive  so  as  they  might  be  at  Hillsboro 
the  sixth  day  of  May,  I  should  be  glad  to  take  them  under 
my  command.  I  take  this  opportunity  to  thank  you  for 
your  kind  present  to  me  last  winter.  ...  I  wish  your 
son  could  command  the  company."  But  the  Albemarle  sec- 
tion was  so  remote  from  the  scene  of  disturbance  and  had  so 
little  intercourse  with  that  part  of  the  State  that  the  people 
took  but  little  interest  in  the  Regulation,  and  in  a  general 


Waddell  in 
command 


C.  R.,  VIII, 

608 


3G6  TRYON'S  ADMINISTRATION,  1765-71 

UJl  way  many  of  the  inhabitants  sympathized  with  the  Regula- 

tors in  their  distresses.  Joseph  Montfort,  the  northern 
treasurer,  had  no  money  of  the  contingent  fund  in  hand, 
which  under  the  riot  act  alone  could  be  used  to  pay  bounties 
and  the  expenses  of  the  troops,  and  so  he  did  not  honor  the 

c\R..vnif  drafts  made  by  Governor  Tryon  for  bounties,  and  but  few 
volunteers  from  the  Albemarle  section  participated  in  the 
expedition. 

c.  r.,  viii,  The  southern  treasurer,  John  Ashe,  on  the  other  hand,  not 
only  paid  out  what  public  moneys  he  had,  but  issued  notes 
to  the  amount  of  six  thousand  pounds  to  meet  the  expenses 
of  the  expedition ;  and  so  the  same  difficulty  did  not  arise  in 
embodying  and  moving  troops  from  the  lower  counties. 

Frohock  and  Martin  having  communicated  to  the  gover- 
nor their  agreement  for  settlement  with  the  insurgents,  the 
arrangement  was  denounced  by  him  as  ''unconstitutional,  dis- 
honorable to  government,  and  introductive  of  a  practice  most 

c.r.,viii,  dangerous  to  the  peace  and  happiness  of  society."  Yet  he 
asserted  his  abhorrence  of  the  conduct  of  any  man  who  was 
guilty  of  extortion,  and  declared  it  to  be  their  duty  to  give 
satisfaction  and  make  restitution  if  they  had  abused  their 
trust. 

w7m  the         Earlier  the  governor  might  have  rejoiced  at  this  proposed 

struggle  settlement  of  differences,  but  to  his  mind  the  situation  no 
longer  admitted  such  an  adjustment.  The  leaders  of  the 
Regulators  had  gone  too  far.  The  power  of  the  insurgents 
to  overturn  government  was  too  apparent.  The  day  for 
temporizing  had  passed.  The  authority  of  the  law  was  now 
to  be  asserted.  While  the  responses  of  the  eastern  militia 
were  far  from  general,  yet  a  considerable  force  collected  at 
the  call  of  the  governor.  Perhaps  his  greatest  disappoint- 
ment was  the  action  of  the  Bute  militia,  some  eight  hundred 
of  whom  assembled,  but  when  invited  to  volunteer  they  de- 
clined to  a  man,  saying  that  they  favored  the  Regulators. 
Almost  equal  was  the  attitude  of  the  Wake  militia,  although 
after  some  delay,  with  considerable  efforts,  Colonel  Hinton 
secured  by  draft  fifty  recruits  from  that  county.  Indeed 
throughout  the  territory  west  of  Smithfield  the  great  bulk  of 
the  inhabitants  sympathized  with  the  disaffected  element.  A 
considerable  proportion  of  those  farther  west  had  but  recently 


MOVEMENTS  OF  W  ADD  ELL  367 

come  into  the  province,  were  unacquainted  with  the  laws  ^ 

and  the  system  of  government,  had  no  association  with  the 
eastern  people,  and  knew  but  little  of  the  leading  men  who 
had  habitually  controlled  public  affairs.  In  a  word,  many 
of  them  had  so  recently  become  inhabitants  and  were  so  un- 
settled in  their  new  homes,  and  were  so  cut  off  and  secluded 
in  the  frontier  settlements  that  they  were  virtually  strangers 
within  the  commonwealth. 

General  Waddell  in  his  progress  to  the  west  was  joined  by  c. R »  vin, 
a  detachment  of  the  Anson  militia  and  parts  of  the  regiments      l%  7°l 
of  Mecklenburg  and  Tryon  under  their  respective  colonels,   General 
and  some  companies  from  Rowan.     Colonel  Frohock,  who   Wadde11 
should  have  commanded  the  Rowan  militia,  was  rather  sar- 
castically excused  from  attending  by  Governor  Tryon  be- 
cause of  his  negotiations  with  the  Regulators.    Accompany- 
ing WaddelVs  force  also  was  a  detachment  of  artillery  under 
Colonel  Robert  Schaw  of  Cumberland.    On  May  5th  General  ^R-«VI,I« 
Waddell  with  nearly  three  hundred  men  crossed  the  Yadkin 
near  Salisbury,  and  went  into  camp  on  Pott's  Creek.    There, 
finding  himself  confronted  by  a  considerable  number  of  in- 
surgents, he  halted  and  threw  up  entrenchments.    On  May 
10th,  at  a  council  of  war,  under  the  advice  of  Colonel  Ruth- 
erford and  his  other  officers,  it  was  resolved  that  it  was  too 
hazardous  to  engage  the  enemy,  who  were  reported  by  Cap- 
tain Alexander  of  Mecklenburg,  to  extend  a  quarter  of  a 
mile,  seven  or  eight  deep,  with  a  large  body  of  horsemen, 
extending  one  hundred  and  twenty  yards,  twelve  or  fourteen 
deep.     Nor  was  this  formidable  force  the  only  peril  that 
threatened  General  Waddell,   for  it  was  apprehended  that 
many  of  his  own  troops  would  not  fight  the  Regulators,  but 
rather,  in  case  of  a  conflict,  would  join  them.    Under  these   c.  rmviii, 
adverse  circumstances  General  Waddell  prudently  retreated 
across  the  Yadkin  and  took  post  near  Salisbury,  where  he 
strongly  fortified  himself  and  remained  until  May  28th.    In 
the  meantime  he  had  suffered  a  severe  loss  in  the  destruction 
of  a  supply  of  powder  and  other  munitions  of  war  that  were 
being  transported  from  Charleston  for  the  use  of  the  army. 
A  small  band  of  Regulators  under  the  .direction  of  Major   c.  rmviii, 
James  White  and  his  brothers,  William  and  John  White,  hav-  ^e  Black 
ing  blackened  their  faces,  from  which  they  became  known  as   Boys 


368  TRYON'S  ADMINISTRATION,  1765-71 

w  the  "Black  Boys,"  came  up  with  the  wagons  midway  be- 

tween Charlotte  and  Salisbury  (near  the  site  of  the  present 
town  of  Concord),  and,  having  taken  possession  of  them, 
destroyed  the  blankets  and  fired  the  ammunition,  making  a 
tremendous  explosion  of  the  powder.  Such  animosity  to- 
ward government  was  now  the  general  feeling  that  per- 
vaded all  that  region,  and  General  Waddell  found  himself 
hemmed  in  by  forces  too  powerful  to  contend  with. 

CR..VIU,  Governor  Tryon  was  more  fortunate.  Leaving  New 
Bern  on  April  23d,  accompanied  by  the  militia  of  Carteret, 
Craven  and  adjoining  counties,  and  two  swivel  guns  mounted 
on  carriages,  he  moved  toward  Smithfield,  where  he  was 
joined  by  detachments  from  New  Hanover,  Dobbs  and  John- 
ston. On  May  4th  he  marched  to  Hunter's  Lodge  in  Wake, 
where  he  remained  four  days  awaiting  other  detachments 
and  organizing  his  forces. 

On  the  9th  he  encamped  on  the  Enoe.  Accompanying  him 
were  volunteer  detachments  of  horse  from  Bute  and  other 
counties,  and  many  of  the  leading  gentlemen  of  the  east, 
among  them  Robert  Howe,  Alexander  Lillington,  John  Ashe, 

o??™™  James  Moore,  Richard  Caswell,  Abner  Nash,  Willie  Jones, 
John  Harvey,  Jr.,  and  others  distinguished  in  the  military 
and  civil  annals  of  North  Carolina;  while  in  like  manner 
with  General  Waddell  were  Moses  Alexander,  Thomas  Polk, 
Samuel  Spencer,  Griffith  Rutherford,  William  Lindsay, 
Adlai  Osborn  and  many  in  later  times  honored  for  their 
devoted  patriotism. 

In  the  meantime,  while  the  forces  of  the  government  were 
being  thus  collected,  the  disaffected  inhabitants  at  the  west 
were  all  astir.  The  leaders  gave  information  of  the  points 
where  they  were  to  assemble.  Every  highway  and  byway 
was  filled  with  men  hurrying  to  the  front.  Great  crowds 
passed  rapidly  from  the  extreme  west  through  the  quiet  set- 
tlement of  Wachovia,  and  the  men  of  Anson  met  those  of 
Surry  and  from  the  foothills  of  the  mountains  at  the  ren- 

Feeiing        dezvous  between  the  Haw  and  the  Deep.    So  often  had  these 

Regulators  men  assembled,  so  often  had  they  met  and  boldly  made 
declaration  of  their  purpose  to  right  their  wrongs,  defying 
the  power  of  government,  that  now  with  enthusiasm  they  re- 
sponded to  the  call  of  their  leaders,  and  hastened  to  assert 


FEELING  OF  THE  REGULATORS  369 

their  manhood.    They  were  manly  men,  animated  by  a  pur-  xjn 

pose  to  fearlessly  resist  oppression,  and  were  not  to  be  over- 
awed by  a  show  of  power.  Probably  no  one  thought  of  sub-  — 
verting  government ;  no  one  thought  of  wresting  the  prov- 
ince from  the  dominion  of  the  British  Empire;  they  only 
thought  that  they  would  stand  up  openly  and  with  their  own 
strong  hand  prevent  the  operation  of  laws  passed  by  the 
Assembly,  which,  under  the  circumstance  of  their  situation 
and  lives,  they  deemed  unjust  and  found  oppressive.  With 
little  currency  among  them,  lawful  taxes  bore  hard  and  il- 
legal taxes  they  would  not  pay;  and,  smarting  under  the 
exactions  of  greedy  officials,  which  even  the  governor,  the 
courts  and  the  Assembly  had  found  to  be  illegal,  they  were 
imbued  with  the  determination  to  protect  themselves  from 
the  power  of  a  government  whose  authority  sat  lightly  on 
them.  Unawed  by  the  reported  march  of  the  militia,  they 
themselves  would  assemble  and  once  more  assert  their  own 
mastery.  Many  came  unarmed,  and  but  few  probably  re- 
alized that  there  was  really  impending  a  conflict  involving 
life  and  death.  They  gathered  in  force  between  the  Haw  and 
the  Deep,  and  learning  of  the  governor's  approach,  went 
forth  to  meet  him.  Tryon,  hearing  of  their  advance,  on  c.  r.,viii, 
May  nth  marched  from  Hillsboro,  crossed  the  Haw,  and  5a 
on  the  night  of  the  13th  encamped  on  the  Great  Alamance. 
There  he  prepared  for  battle.  On  the  13th  the  governor 
had  received  an  express  from  General  Waddell  informing 
him  that  he  was  surrounded  by  about  two  thousand  Regula- 
tors and  had  been  forced  to  retire ;  and  he  also  learned  that 
their  rendezvous  was  to  be  at  Hunter's  plantation  on  Sandy 
Creek  with  the  view  of  obstructing  the  junction  of  the  two 
government  detachments,  and  later  came  the  disquieting  in- 
telligence that  they  were  preparing  to  attack  his  camp.  In-  £oR-v,II« 
stead,  however,  of  an  attack,  about  six  o'clock  in  the  evening 
the  governor  received,  at  the  hands  of  James  Hunter  and 
Benjamin  Merrill,  a  communication  from  them  desiring  to 
know  if  he  would  hear  their  petition  for  a  redress  of  their 
grievances.  He  laid  this  letter  before  a  council  of  war, 
and  informed  the  Regulators  that  he  would  return  an 
answer  by  twelve  o'clock  the  next  day.  That  night  s.  r.„  xix, 
Captain  John  Walker  and  Lieutenant  John  Baptista  Ashe,     5 


370  TRY  ON' S  ADMINISTRATION,  1765-71 

2J!  who  had  been  sent  out  to  reconnoitre,  were  captured  by  the 

insurgents,  tied  to  trees,  severely  whipped,  and  detained  as 
prisoners.  When  the  governor's  messenger  was  conveying 
his  answer  to  the  camp  of  the  Regulators  they  gave  him 
such  insults  that  he  returned  without  delivering  it.  Early  on 
the  morning  of  the  16th,  the  two  forces  being  about  five  miles 
apart,  the  governor  moved  forward,  and  about  ten  o'clock 
came  within  a  half  mile  of  the  Regulator  encampment,  and 
there  formed  a  line  of  battle.  He  then  sent  forward  Captain 
Malcolm,  one  of  his  aides,  and  the  sheriff  of  Orange  with  his 
letter,  requiring  them  to  lay  down  their  arms,  surrender  up 
their  outlawed  leaders,  and  submit  to  the  laws  of  the  prov- 

c.  rmviii,  ince.  These  terms  were  rejected  with  disdain,  and  gradually 
43  the  two  lines  approached  until  the  government  forces  occu- 

pied the  ground  which  the  van  of  the  Regulators  had  first 
occupied,  but  from  which  it  had  fallen  back  to  their  main 
body.  Some  communications  now  passed  for  the  exchange 
of  Walker  and  Ashe  for  seven  of  the  Regulators  who  had 
been  captured  by  the  militia,  and  the  proposition  was  agreed 
to.  The  insurgents  delayed  and  sent  word  that  they  would 
comply  within  an  hour.  The  governor,  suspecting  that  the 
delay  was  intended  to  enable  the  enemy  to  outflank  him,  de- 
termined to  wait  no  longer. 

The  battle  begins,  May  16,  1771 

May  16,1771  The  governor  sent  word  by  his  aide,  Captain  Philemon 
Hawkins,  that  he  would  immediately  give  the  signal  for  ac- 
tion, and  cautioned  the  Regulators  to  take  care  of  them- 
selves; that  if  they  did  not  directly  lay  down  their  arms 

they  would  be  fired  on.    "Fire  and  be  d d!"  was  the  an- 

Martin,        swer.     The  governor  thereupon  gave  the  order,  which,  not 

C;!roiiia?rth  being  immediately  obeyed,  rising  in  his  stirrups  and  turning 

11. 28a  to  his  men,  he  called  out:  "Fire!  fire  on  them  or  on  me!" 

Accordingly,  the  artillery  began  the  fire,  which  was  followed 

by  a  discharge  from  the  whole  first  line,  and  the  action 

almost  instantly  became  general. 

c.  k  .vim,       of  the  militia  there  were  about  1100.    The  number  of  the 
C47,  648 

Regulators  has  been  variously  estimated  at  between  2000  and 
4000;  but  a  considerable  portion  of  them  were  unarmed, 
and  probably  but  few  expected  to  engage  in  a  battle.    They 


THE  BATTLE  OF  ALAMANCE  371 

were  not  marshalled  in  organized  companies ;  had  no  trained  ^T 

captains  to  command  ;  and  were  a  concourse  of  resolute  citi-  s  6R-.  XIX» 
zens  rather  than  an  army  in  battle  array.    Their  chief  com- 
mander was  James  Hunter. 

At  the  first  fire  many  left  the  field,  among  them  being 
Hermon  Husband.  After  the  conflict  had  lasted  half  an  hour 
the  Regulators  occupied  a  piece  of  woods  and  fought  from 
behind  the  trees,  as  in  Indian  warfare.  To  dislodge  them 
Tryon  advanced  his  first  line  and  drove  them  from  cover, 
pursuing  them  half  a  mile  beyond  their  camp.  In  one  ac-  2rhi5wood, 
count  of  the  battle  preserved  in  the  Moravian  records,  it  is 
said  that  "many  had  taken  refuge  in  the  woods,  whereupon 
the  governor  ordered  the  woods  to  be  set  afire,  and  in  con- 
sequence some  of  the  wounded  were  'roasted  alive.' "  It  is 
to  be  observed,  however,  that  in  the  middle  of  May  a  woods 
fire  progresses  but  slowly,  even  if  it  burns  at  all. 

In  the  earlier  stages  of  the  battle,  Robert  Thompson,  a 

Regulator,  who  had  been  taken  prisoner,  defying  the  power 

of  his  captors,  undertook  to  make  his  escape,  and  it  is  said 

that  Governor  Tryon  shot  him  down  with  his  own  hand. 

Thompson  had  been   a  strenuous  agitator,   and   doubtless  £0R,,VI11, 

was  a  bold,  determined  man.     For  slaving  him  Governor  Thompson 
_  ...1T1.  .  b  slain 

Tryon  was  criticised.    If  no  other  means  to  prevent  escape 

was  at  the  moment  available,  any  soldier  would  have 
been  justified  in  taking  a  prisoner's  life,  otherwise  not. 
While  in  the  heat  of  battle  one's  actions  are  not  to  be  too 
nicely  weighed,  life  is  never  to  be  taken  unnecessarily. 

The  loss  of  the  militia  was  reported  as  nine  killed  and  The  losses 
sixty-one  wounded.  A  detachment  from  Beaufort  County 
under  Captain  John  Patten,  being  a  part  of  the  regiment  c.  r.,vih, 
commanded  by  Colonel  William  Thompson,  of  Carteret,  suf- 
fered the  greatest  proportionate  loss,  fifteen  killed  and 
wounded  out  of  thirty.  Those  of  the  insurgents  who  par- 
ticipated in  the  action  stood  up  manfully.  They  were  not 
dismayed  by  the  artillery,  and  indeed  held  their  ground  at 
such  short  range  that  they  silenced  the  artillery,  requiring 
particular  efforts  to  dislodge  them  by  advancing  riflemen  for 
that  purpose.  Their  loss  was,  according  to  one  account,  nine 
killed  and  thirty  missing,  and  according  to  another  upwards 
of  twenty  were  killed.     Their  conduct  under  fire  was  as  ^85R,VI11, 


372 


TRYON'S  ADMINISTRATION,  1765-71 


1771 


Few  hanged 
May  17th 


Caruthen, 
Life  of 
Caldwell, 
158 

Haywood. 
Life  of 
Tryon,  133 


Clewell, 
Hut.  of 
Wachovia 


C.  R..VIII, 

53a 


C.  R.,VIII, 
651 


spirited  as  it  was  bold,  and  for  two  hours  they  protracted 
the  unequal  conflict  with  the  trained  militia  despite  the 
severe  losses  they  suffered.  The  insurgents  being  driven 
from  the  field,  the  militia  advanced  some  little  distance, 
but  finding  the  enemy  dispersed,  withdrew  to  their  orig- 
inal encampment.  Thus  closed  that  fateful  and  unhappy 
day.  The  wounded  on  both  sides  were  humanely  cared 
for,  and  the  next  evening  the  dead  were  interred,  and 
there  were  prayers  and  thanksgivings  for  the  victory. 
The  ceremonies  of  the  day  were  concluded  by  the  hang- 
ing of  James  Few,  a  prisoner — a  proceeding  that  has 
attached  well-merited  odium  to  the  name  of  Governor  Tryon. 
Of  Few  it  has  been  said  "That  he  was  of  a  fanatical  turn  of 
mind,  and  believed  himself  raised  up  by  the  hand  of  God 
to  liberate  his  country."  "That  he  was  sent  by  Heaven  to 
relieve  the  world  from  oppression,  and  that  he  was  to  begin 
in  North  Carolina."  An  account  of  his  execution  given 
in  the  Community  Diary  of  the  Moravians  a  week  later  says : 
"A  certain  young  man,  a  fine  young  fellow,  had  been  cap- 
tured, and  when  given  the  alternative  of  taking  the  oath  or 
being  hanged  he  chose  the  latter.  The  governor  wished  to 
spare  his  life,  and  twice  urged  him  to  submit.  But  the  young 
man  refused.  The  messenger  described  how,  with  the  rope 
around  his  neck,  he  was  urged  to  yield  but  refused,  and  the 
governor  turned  aside  with  tears  in  his  eyes  as  the  young 
man  was  swung  into  eternity." 

Few  had  been  indicted  for  felony  at  the  special  court  held 
at  New  Bern  on  March  n,  1771.  He  was  one  of  those 
who  refused  to  surrender  themselves  within  the  time  limited 
by  the  riot  act.  Under  that  act  he  was  deemed  guilty  of  the 
offence  charged  as  if  he  had  been  convicted  thereof  by  due 
course  of  law,  and  it  was  made  lawful  for  any  one  to  take  his 
life,  but  this  outlawry  was  dependent  on  the  required  publica- 
tions of  the  proclamation,  a  fact  not  ascertained  as  to  Few. 
But  of  this  Governor  Tryon  seems  not  to  have  been  advised. 
He  regarded  Few,  Hunter,  Husband  as  outlaws.  Still,  the 
contingency  had  not  then  arisen  when  Few  could  have  been 
lawfully  slain  as  an  outlaw,  nor  was  Governor  Tryon  justi- 
fied in  dealing  so  summarily  with  a  prisoner.  He  sought 
to  extenuate  his  needless  act  by  saying:  "This  gave  great 


TRY  ON  SUBJUGATES  THE  INSURGENTS  373 

satisfaction  to  the  men,  and  at  this  time  it  was  a  necessary  ™1 

sacrifice  to  appease  the  murmurings  of  the  troops,  who  were  J1*™'* 
importunate  that  public  justice  should  be  immediately  exe- 
cuted against  some  of  the  outlaws  that  were  taken  in  the  ac-  s.  rm  xix, 
tion,  and  in  opposing  of  whom  they  had  braved  so  many  dan-     s 
gers  and  suffered  such  loss  of  lives  and  blood,  and  without 
which  satisfaction  some  refused  to  march  forward  while 
others  declared  they  would  give  no  quarter  for  the  future." 
Such  might  well  have  been  the   feelings  of  some  of  the 
eastern  militia,  but  it  was  not  the  part  of  a   command- 
ing officer  to  be  swerved  from  his  own  sense  of  duty  by  the 
intemperate  passion  of  his  soldiers;    He  was  there  to  assert 
the  majesty  of  the  law  and  to  maintain  the  authority  of 
established  government — not  to  blazon  the  powTer  of  success- 
ful arms  by  a  needless  act  of  butchery. 

Subsequent  movements 

The  next  day  the  wounded  were  sent  to  the  plantation  of 
Michael  Holt  with  a  surgeon  and  medicines,  and  the  main 
army  proceeded  to  Lewis's  mill,  three  miles  beyond  the  field 
of  battle,  where  a  detachment  under  Colonel  Ashe  that  had 
been  advanced  was  surrounded  by  about  three  hundred  of 
the  Regulators.  Immediately  after  the  battle  a  proclamation 
had  been  issued  granting  pardon  to  all  who  should  come 
into  camp,  surrender  up  their  arms,  take  an  oath  of  alle-  c.  rmviii, 
giance  to  the  king  and  an  oath  of  obligation  to  pay  their  49 
taxes,  and  to  support  and  defend  the  laws  of  the  land.*  Ex- 
ceptions, however,  were  made  of  the  outlaws  and  prisoners 
taken  and  some  fourteen  others.  Many  now  accepted  these  fxacrept"o„snd 
terms  and  submitted.  The  army  the  next  day  marched  to 
James  Hunter's  and  destroyed  his  dwelling  and  outhouse, 
and  then  took  possession  of  Hermon  Husband's  plantation, 
finding  there  "a  large  parcel  of  treasonable  papers;"  and, 
the  inhabitants  continuing  to  come  in,  submitting  themselves 
to  government,  the  proclamation  of  pardon  was  renewed  and 
the  time  extended ;  but  the  exceptions  now  embraced  the 

♦Governor  Martin  spoke  of  this  "oath  as  one  of  allegiance,  etc., 
etc."  Atticus  described  it  as  "your  new  coined  oath  to  be  obedient 
to  the  laws  of  the  province,  and  to  pay  the  public  taxes."  To  that 
description  the  governor  himself  added,  "to  support  and  defend  the 
laws  of  the  land,"  as  in  the  text. 


374  TRYON'S  ADMINISTRATION,  1765-71 

UJl  "  Black   Boys''   and   some   others   at   first   omitted,   among 

them  being  Thomas  Person.  The  outlaws  named  were  Hus- 
band, Hunter,  Howell  and  Butler,  and  on  their  heads  a  price 
was  set.  Heavy  rains,  which  had  begun  on  May  20th  and 
continued  until  the  28th,  added  much  to  the  discomfort  of 
the  men,  many  of  whom  were  seized  with  pleurisies. 

The  army  remained  a  week  in  Sandy  Creek,  then  passed 
to  Deep  River,  and  on  June  1st  was  in  the  Jersey  settlement. 
On  June  4th,  on  Reedy  Creek,  General  Waddell's  forces 
joined  the  main  army,  and  they  marched  to  Wachovia,  where 
they  remained  several  days,  and  at  Salem  on  June  6th  they 
celebrated  the  king's  birthday  and  the  victory  of  the  16th. 

c.  r.,viu.    During  this  march  the  houses  and  plantations  of  those  who 
51  were  outlawed   were  laid   waste  and   destroyed,  and  their 

owners  fled  from  the  province. 

The  insurgents  having  been  quieted  on  the  Deep  and  the 
Haw,  and  information  being  received  that  they  were  rising 
to  the  south  and  west,  General  Waddell  was  detached  on 
June  8th  with  some  five  hundred  men  and  artillery  to  move 
into  that  section  and  suppress  them ;  and  on  the  same  day 
Governor  Tryon  began  his  return  movement. 

The  army  reached  Hillsboro  on  the  14th,  where  the  cattle 
and  horses  were  turned  on  the  plantation  of  William  Few, 
the  father  of  James  Few,  who  was  said  to  have  been  "very 

s.  r  ,  xix,   active  in  promoting  the  disturbance  of  the  country."     Hav- 

8sa  ing  taken  some  prisoners  on  May   13th,  Governor  Tryon 

ordered  that  a  special  term  of  court  under  the  riot  act  should 

c^r.,  vni,  be  opened  at  Hillsboro  on  the  30th  of  that  month,  but  the 
governor  had  kept  the  prisoners  along  with  the  army  with 
the  view  of  parading  them  before  the  country,  and  the  court 
had  been  kept  open  awaiting  their  arrival  for  trial. 

The  trials 

The  trials  began  on  June  14th  and  lasted  until  the  18th, 
when  twelve  prisoners  were  sentenced  to  death  on  the  charge 
of  high  treason.  Six  of  these  were  immediately  executed. 
The  record  of  the  court  has  not  been  preserved.  Four  of 
those  executed  were  Benjamin  Merrill,  Robert  Matear,  Cap- 
The  tain  Messer  and  James  Pugh.     The  names  of  two  are  un- 

victinu         known.  Six  were  reprieved  :  Forrester  Mercer,  James  Stew- 


PACIFICATION  AND  ITS  RESULTS  375 

art,  James   Emerson,   Herman  Cox,  William   Brown  and  %J£ 

James  Copeland,  and  later  they  were  pardoned  by  the  king. 

The  melancholy  spectacle  of  the  execution  was  accompanied 

by  a  military  parade,*  and  its  terrors  were  augmented  by  the 

impressiveness  of  the  scene.     The  governor  attended  with 

the  entire  army,  and  caused  all  of  the  prisoners  to  be  brought 

out  to  witness  it. 

The  people,  utterly  subdued,  their  leaders  fled  or  taken,  ^em£ople 
had  continued  to  come  in  and  ask  for  pardon,  so  that  by 
June  19th  more  than  three  thousand  had  submitted  to  the 
government  and  taken  the  oath  to  pay  their  taxes  and  obey 
the  laws  which  Governor  Tryon  had  exacted  of  them. 
When,  later,  General  Waddell  had  made  his  report,  giving  c.  r.,ix,78 
the  result  of  his  excursion  into  the  southwestern  part  of  the 
province,  the  entire  number  who  had  taken  the  oath  aggre- 
gated 6409,  and  about  800  guns  had  been  turned  into  the 
government  by  the  malcontents.  Apparently  then  the  west- 
ern counties  were  disarmed  and  thoroughly  subjugated. 
But  the  people  were  not  pacified,  and  many  moved  from  the 
province,  some  passing  the  mountains  and  finding  homes  in 
the  forests  of  the  Holstein  settlement. 

Governor  Tryon,  having  on  June  13th  received  informa-  Jnron 
tion  that  he  had  been  appointed  governor  of  New  York,  and  from  the 

,         .  .  .  ...  f  -      .  ,  province 

having  instructions  to  repair  without  loss  of  time  to  that  c.  r.,viii, 
province,  communicated  to  the  army  that  he  would  march  6?s 
to  the  southward  immediately  after  the  executions,  and  that 
he  would  leave  the  army  under  the  command  of  Colonel 
Ashe,  he  himself  hastening  to  New  Bern.     On  June  30th 
he  embarked  for  New  York,  where  he  arrived  on  July  7th 
and  assumed  the  administration.     He  carried  with  him  the  ^n£'¥£ 
esteem  and  good-will  of  the  leading  men  of  the  eastern  part  9.  m*' 
oi  the  province,  who  commended  his  bravery  and  courage, 
and   approved   his   administration   in   the   difficult   circum- 
stances that  attended  it. 

*A  gruesome  memorial  of  this  event  is  preserved  in  State  Records, 
XXII,  465: 

"The  Public  to  Thomas  Donaldson.  Dr. — 19th  June,  1771.  To 
hanging  six  men  at  Hillsboro  Court  of  Oyer,  etc.,  five  pounds  each — 
thirty  pounds.    P'r  Thomas  Donaldson." 


376  TRYON'S  ADMINISTRATION,  1765-71 

UJl  As  the  disturbances  incident  to  the  Regulation  movement 

were  a  marked  feature  of  affairs  during  that  period,  so  the 
efforts  of  the  government  to  suppress  them  were  also  un- 
usual and  remarkable.    The  riot  act,  passed  by  the  Assembly, 
of  which  Caswell  was  speaker,  and  Harnett,  Johnston,  He wes, 
Howe,  the  Moores  and  many  others  who  led  in  the  revolu- 
tionary  movement  three  years  later,   were  members,   and 
which  received  the  approval  of  the  governor,  was  such  a 
stringent  measure  as  to  challenge  criticism.    That  clause  of 
it  which  required  indicted  persons,  after  proclamation,  to 
surrender  themselves  within  sixty  days  and  stand  trial  on 
pain  of  being  deemed  guilty  and  of  being  held  outlaws  sub- 
Theriot        ject  to  being  killed  by   any  one,   was  considered  by   the 
England       Crown  officers  as  "irreconcilable  to  the  principles  of  the  con- 
c.R.,  ix,     stitution,"  "full  of  danger  in  its  operation"  and  "unfit  for  any 
s.5r.,xi,      part  of  the  British  Empire ;"  although  they  mentioned  that 
a4°  "the  circumstances  of  the  province  may  excuse  inserting 

such  clause  in  this  act."  It  was  certainly  a  fierce  and  bloody 
expedient,  resorted  to  because  the  persons  accused  could 
not  be  arrested.  Other  than  that,  the  act  received  the  ap- 
proval of  the  Crown,  and  inasmuch  as  its  operation  was 
limited  to  a  single  year,  it  was  allowed  to  stand  until  its 
expiration.  James  Few  was  the  only  person  who  suffered 
death  under  it,  as  an  outlaw,  if  indeed  the  governor  justified 
even  his  execution  by  that  sanction. 

The  army,  after  Tryon's  departure  from  Hillsboro,  pro- 
ceeded to  Colonel  Bryan's  in  Johnston  County  and  there  the 
detachments  separated,  marching  to  their  respective  counties, 
where  they  were  disbanded.  The  cost  of  the  expedition, 
about  £60,000,  had  in  part  been  met  by  notes  issued 
by  Treasurer  Ashe,  which  he  announced  would  be  received 
by  him  in  payment  of  taxes.  These  notes  circulated  as  cur- 
rency, and  in  some  measure  gave  relief  to  the  people  in  the 
scarcity  of  a  circulating  medium. 


CHAPTER  XXIII 
Social  Life  at  the  Opening  of  the  Revolution 

In  the  homes  of  the  people. — Social  conditions. — The  state  church. 
— The  Protestant  dissenters. — The  Baptist  churches. — Pioneers  of 
Methodism. — Education  and  schools. — Taxation. — The  lawyers. — 
The  Quakers  and  the  militia. — Servants  and  slaves. 

In  the  homes  of  the  people 

McRee,  in  his  "Life  of  Iredell,"  has  given  an  admirable  «77t 

portrayal  of  two  communities  in  the  province  about  the  time  McRee'f^ 
of  Martin's  administration.    Of  the  region  of  which  Eden-  jj!^11, 1% 
ton  was  the  centre,  he  says : 

It  was  of  such  remarkable  fertility  that  it  might  well  have  been 
styled  the  granary  of  the  province ;  it  was  also  the  place  of  concen- 
tration and  market-town  for  the  opulent  planters  of  a  large  district 
of  country.  .  .  .  The  climate  was  humid  and  unhealthy,  but  soft 
and  luxurious.  Game  and  fish  were  abundant,  and  cattle  and  sheep 
and  swine  throve  and  multiplied  upon  the  spontaneous  fruits  of  the 
earth.  If  there  was  little  of  the  parade  and  pomp  of  older  com- 
munities, if  many  of  the  appliances  of  luxury  were  wanting,  ease 
and  abundance  were  the  reward  of  but  a  slight  degree  of  frugality 
and  industry.  No  palatial  dwellings  existed — tapestry  and  plate  were 
wanting ;  but  the  homes  of  the  planters  were  comfortable  and  ample 
for  all  the  purposes  of  hospitality,  while  their  tables  groaned  beneath 
dainties  beyond  the  reach  of  wealth  on  the  other  side  of  the  Atlantic. 
He  who  supposes  them  an  untutored  people  is  grossly  deceived.  The 
letters  that  will  appear  in  the  course  of  the  narrative  will  demon- 
strate that  they  were  equal  in  cultivation,  ability,  and  patriotism  to 
any  of  their  contemporaries.  The  men  were  bold,  frank,  generous, 
and  intelligent;  the  females,  tender  and  kind  and  polite.  The 
strength  of  the  former  was  developed  by  manly  labors.  The  taste  of 
the  latter  was  improved  and  their  imaginations  exalted  by  the  varied 
forms  of  beauty  that  surrounded  them.  ...  In  1769  the  town  of 
Edenton  was  the  court  end  of  the  province.  Within  its  limits  and 
in  its  immediate  vicinity  there  was,  in  proportion  to  its  population,  a 


378  SOCIAL  LIFE  AT  THE  REVOLUTION 

i77«  greater  number  of  men  eminent  for  ability,  virtue,  and  erudition  than 

Social  in  any  other  part  of  America.    Colonel  Richard  Buncombe  was  a 

condition*  native  of  St  Kitts.  He  was  educated  in  England  and  possessed  a 
large  fortune.  Of  "Lawyer  Pearson,  an  English  gentleman,"  little 
is  known  save  that  he  married  the  mother  of  Sir  Nathaniel  Dukin- 
field,  and  thus  became  master  of  large  estates.  Colonel  John  Dawson 
(a  lawyer  who  married  the  daughter  of  Governor  Gabriel  Johnston) 
resided  at  Eden  House,  noted  for  its  splendid  hospitality  and  the 
refined  society  generally  assembled  there.  Dr.  Cathcart  was  a  gentle- 
man of  extraordinarily  fine  sense  and  great  reading.  His  two  daugh- 
ters "were  possessed  of  the  three  greatest  motives  to  be  courted: 
beauty,  wit  and  prudence,  and  money ;  great  fortunes,  and  toasted  in 
most  parts  of  the  province." 

And  so  McRee  continues  with  brief  accounts  of  Joseph 
Hewes,  Thomas  Barker,  Thomas  Jones,  Jasper  Carlton, 
Stephen  Cabarrus,  Robert  Smith,  Charles  Johnson,  William 
Cumming,  Sir  Nathaniel  Dukinfield,  the  Harveys  and  the 
Johnstons,  who  "possessed  talents  and  attainments  that, 
when  combined,  not  only  enabled  them  to  determine  the 
politics  of  their  district,  but  gave  them  a  potent  influence  in 
the  province." 

Of  the  lower  Cape  Fear  he  likewise  says : 

Mr.  Hooper  was  a  native  of  Boston  and  a  graduate  of  Cambridge, 
Mass.  After  studying  law  with  James  Otis,  he  became  a  citizen 
of  Wilmington.  That  town  and  its  vicinity  was  noted  for  its  un- 
McRee'i^  bounded  hospitality  and  the  elegance  of  its  society.  Men  of  rare 
talents,  fortune,  and  attainment  united  to  render  it  the  home  of 
politeness  and  ease  and  enjoyment.  Though  the  footprint  of  the 
Indian  had  as  yet  scarcely  been  effaced,  the  higher  civilization  of  the 
Old  World  had  been  transplanted  there  and  had  taken  vigorous  root. 
There  were  Colonel  John  Ashe,  the  great  popular  leader,  whose  ad- 
dress was  consummate,  and  whose  quickness  of  apprehension  seemed 
intuition,  the  very  Rupert  of  debate;  Samuel  Ashe,  of  stalwart 
frame,  endowed  with  practical  good  sense  and  a  profound  knowledge 
of  human  nature ;  Harnett,  "who  could  boast  a  genius  for  music  and 
taste  for  letters,"  the  representative  man  of  the  Cape  Fear;  Dr. 
John  Eustace,  "who  united  wit,  and  genius,  and  learning,  and 
science" ;  Colonel  Thomas  Lloyd,  "gifted  with  talents  and  adorned 
with  classical  literature";  Howe,  "whose  imagination  fascinated, 
whose  repartee  overpowered,  and  whose  conversation  was  enlivened 
by  strains  of  exquisite  raillery" ;  Dr.  John  Fergus,  of  stately  pres- 
ence, with  velvet  coat,  cocked  hat,  and  gold-headed  cane,  a  graduate 


Iredell,  I, 
«94*  «95 


LEADING  FAMILIES 


379 


of  Edinburgh  and  an  excellent  Latin  and  Greek  scholar;  William 
Pennington,  afterward  master  of  the  ceremonies  at  Bath,  "an  ele- 
gant writer,  admired  for  his  wit  and  his  highly  polished  urbanity" ; 
Judge  Maurice  Moore,  of  versatile  talents,  and  possessed  of  extensive 
information ;  as  a  wit,  always  prompt  in  reply ;  as  an  orator,  always 
daring  the  mercy  of  chance;  Machine,  irascible  but  intellectual,  who  ^omjj|ionl 
trod  the  paths  of  honor  nearly  pari  passu  with  Iredell  and  Hooper 
and  Johnston,  and  "whose  criticisms  on  Shakespeare  would,  if  they 
were  published,  give  him  fame  and  rank  in  the  republic  of  letters." 


Social 


And  he  continues  to  portray  the  social  characteristics  of 
the  Hills,  Lillingtons,  DeRossets,  Moores,  and  others  who 
then  adorned  the  Cape  Fear  region. 

New  Bern,  as  well,  was  a  centre  where  refinement  and 
elegance  abounded.  It  was  the  residence  of  the  governor; 
an  emporium  of  trade,  with  wealthy  merchants,  enterprising 
citizens  and  cultivated  society.  Originally  settled  by  the 
Huguenots,  Palatines,  and  Swiss,  by  industrious  Germans  as 
well  as  by  Welsh  and  Englishmen,  the  region  of  which  it 
was  the  social  metropolis  was  inhabited  by  a  population 
notable  for  their  thrift,  politeness  and  fine  characteristics. 
There  the  first  academy  had  been  established  and  main-  wre^*f 
tained ;  there  the  first  printing:  press  was  erected,  and  there  North 

«        /-  *         » r         .      ,*  i  •  s*  «         Carolina  in 

the  first  newspaper,  the  North  Carolina  Gazette,  was  pub-   Eighteenth 
lished — in  December,  1755 — followed,  at  length,  by  another   J"*^ 
at  Wilmington,  in  September,  1764. 

Among  the  earliest  publications  of  Davis's  press,  other 
than  provincial  laws,  was  a  sermon  preached  before  the 
General  Assembly  by  Rev.  James  Reid,  in  1762,  "Recom- 
mending the  Establishing  Public  Schools  for  the  Education 
of  Youth,"  printed  by  the  Assembly,  that  "the  same  might 
be  dispersed  in  the  several  counties  within  this  province." 

Halifax  had  also  become  a  nucleus  of  elegant  society,  with 
rich  planters  and  cultured  citizens ;  while  at  Hillsboro,  where 
the  governors  spent  their  summers,  the  simplicity  of  back- 
woods life  was  giving  place  to  the  refining  influences  of 
advanced  social  conditions.  In  all  the  counties  were  men 
like  Willie  and  Allen  Jones,  the  Kenans,  Dicksons,  Battles, 
Holmes,  Hawkins,  Haywoods,  Harts,  Alstons,  Rowans, 
Lloyds,  Osborns,  Polks — too  numerous  to  specify,  men  of 
education  and  culture,  many  of  whom  were  native  and  "to  the 


3&> 


SOCIAL  LIFE  AT  THE  REVOLUTION 


At  the  west 


C.  R..VIII, 
630 


Immigrants 


manor  born,"  while  others,  like  Caswell,  Hooper,  Hewes, 
Avery,  the  Sumners,  Martins  and  McDowells,  had  but  re- 
cently come  from  other  communities,  well  educated,  ener- 
getic, enterprising,  vigorous  in  mind  and  in  body. 

Along  the  Virginia  border  the  people  were  chiefly  of 
colonial  descent ;  but  on  the  upper  waters  of  the  Cape  Fear 
were  congregated  thousands  of  Highlanders,  many  of  whom 
were  well  educated.  At  Wachovia  the  Moravians  had  been 
prosperous,  had  erected  mills  and  had  grown  in  importance; 
while  the  Scotch-Irish,  who  occupied  the  fertile  regions 
watered  by  the  Catawba  and  tributaries  of  the  Yadkin,  were 
interspersed  with  Germans,  of  whom  there  were  some  three 
thousand  families,  likewise  accompanied  by  their  pastors, 
men  of  learning,  who  taught  the  young  while  ministering  to 
their  congregations. 

And  in  their  new  homes  the  Scotch,  Scotch-Irish  and  the 
Germans  preserved  their  former  manners  and  customs  and 
their  racial  characteristics,  and  these  have  in  some  measure 
been  perpetuated  so  that  after  the  lapse  of  a  century  and  a 
half  their  respective  settlements  can  still  be  distinguished. 
Similarly  a  settlement  of  Quakers,  coming  from  Nantucket, 
who  located  at  New  Garden,  has  preserved  its  peculiar  char- 
acteristics, while  the  Jersey  settlement  on  the  Yadkin  near 
Salisbury,  so  called  because  made  by  emigrants  from  New 
Jersey,  has  retained  its  original  appellation. 

Facilities  of  communication  were  scant.  This  was  a  par- 
ticular hardship  with  the  settlers  at  the  far  west  who,  com- 
ing from  the  north,  located  at  a  considerable  distance  be- 
yond the  frontier  settlements  extending  from  the  coast. 
There  was  a  wide  breadth  of  forest  intervening  between  the 
inhabitants  of  Sandy  Creek,  Wachovia,  Salisbury  and  the 
Catawba,  and  the  marts  of  trade  on  the  lower  Cape  Fear. 
Easier  roads  led  to  the  towns  of  Virginia  and  of  South  Caro- 
lina, and  those  became  the  markets  of  the  western  counties. 
There  was  no  specie  in  the  province,  while  the  amount  of 
paper  currency  became  entirely  insufficient  as  the  population 
was  rapidly  augmented. 

At  the  east  both  saw-mills  and  grist-mills  had  long  been 
established;  at  the  west  the  new  settlers  quickly  began  to 


The  marts 
of  trade 


PROGRESS  AND  INDUSTRY  381 

erect  them  on  the  streams  where  they  located;  and  these  lJJl 

became  important  points  in  their  social  and  business  life. 

Felling  the  forests,  clearing  the  fields,  building  houses, 
opening  roads,  constructing  mills — in  a  word,  making  their 
homes  habitable  in  those  secluded  regions — called  forth  the 
best  exertions  of  those  new  settlers ;  and  fortunate  was  it  for 
them  that  their  winters  were  mild,  the  summers  temperate, 
while  their  fields  yielded  rich  harvests,  and  the  bright  sun- 
shine brought  buoyant  hope,  health  and  happiness.  Many  of 
the  families,  observed  Governor  Dobbs,  have  ten  children 
in  them,  and  experience  has  long  since  proved  that  the 
natural  increment  of  population  in  that  favored  region  is  no- 
where exceeded  in  the  world.* 

The  state  church 

It  was  contemplated  in  the  original  grant  to  the  Lords  Pro- 
prietors that  there  might  be  a  state  church  and  presumably 
that  it  would  be  conformable  to  the  usage  in  England.  The 
first  effort  in  that  direction  was  made  in  1701,  when  each 
precinct  was  declared  to  be  a  parish,  for  which  a  vestry  was 
appointed,  and  the  vestry  was  empowered  to  employ  min- 
isters and  to  lay  a  tax  of  not  more  than  five  shillings  on  the 
poll  for  parish  purposes,  which  included  looking  after  the 
poor  as  well  as  providing  a  place  of  worship.  Ten  years 
later,  when  Governor  Hyde  met  his  first  assembly,  an  act  of 
Parliament  having  been  passed  declaring  the  province  a  (joR-I» 

♦In  1810  the  editor  of  the  Raleigh  Star  received  many  communi- 
cations from  intelligent  men  residing  in  every  part  01  the  State, 
throwing  light  on  the  commencement  and  progress  of  settlements  in 
North  Carolina.  This  mass  of  manuscripts  was  subsequently  deposited 
in  the  library  at  Chapel  Hill,  but  now  cannot  be  found.  Mr.  Caruth- 
ers,  who  examined  it.  said:  "From  it  we  learn  that  Edgecomb  began 
to  be  settled  in  1726  by  people  from  Virginia,  who  came  there  for 
the  sake  of  living  at  their  ease,  as  the  climate  was  mild,  the  range 
good,  and  game  in  abundance;  Wayne  in  1735,  but  made  little  prog- 
ress until  1750;  Caswell  in  1750,  but  had  not  more  than  ten  families 
until  1755.  when  the  Leas.  Graves.  Kimbros,  Pattersons  and  others 
came  from  Orange  and  Culpepper  counties  in  Virginia ;  Rockingham 
in  1750,  by  hunters,  who  were  soon  followed  by  a  more  substantial 
population;  and  Guilford  about  the  same  time,  as  appears  from  the 
deeds  of  land  obtained  by  the  Nottingham  company.  That  company, 
by  agents  sent  out  for  the  purpose,  purchased  33  surveys,  or  21,120 
acres,  on  the  waters  of  North  Buffalo  and  Reedy  Fork ;  and  one  of 
their  deeds,  which  is  now  before  me,  is  dated  December  3,  1753." 
(Caruthers*  Life  of  Caldwell,  93.) 


382 


SOCIAL  LIFE  AT  THE  REVOLUTION 


S  R.,XXIII, 
187 


member  of  the  Crown  of  England,  the  Assembly  enacted  that 
the  laws  of  England  "are  the  laws  of  this  government  so  far 
as  they  are  compatible  with  our  way  of  living" ;  and  that  all 
the  statute  laws  of  England  made  for  the  establishment  of 
the  Church  and  for  the  indulgence  to  Protestant  dissenters 
were  in  force  in  the  province.  This  enactment  firmly  estab- 
lished the  Church  of  England  as  the  state  church,  and  put 
in  force  the  Act  of  Toleration,  which  remitted  all  penalties 
for  non-conformity  in  the  case  of  Protestant  dissenters  who 
did  not  deny  the  doctrine  of  the  Trinity. 

In  1729  apparently  each  parish  was  invested  with  the  right 
to  elect  its  own  vestrymen,  who  still  had  the  privilege  of 
employing  their  ministers,  being  members  of  the  established 
church.  Up  to  that  time  there  had  been  in  the  province  no 
other  ordained  ministers  of  any  denomination;  but  about 
that  time  Paul  Palmer  and  Joseph  Parker  organized  Bap- 
tist churches  in  the  Albemarle  section.  In  1741  the  vestry 
law  was  amended  requiring  vestrymen  to  declare  that  they 
''would  not  oppose  the  liturgy  of  the  Church  of  England." 
They  still  had  the  right  to  lay  a  tax  on  the  poll  for  parish 
purposes,  and  by  a  two-thirds  vote  they  could  withdraw  the 
stipend  agreed  to  be  paid  to  any  minister.  At  that  period 
there  were  only  four  ministers  of  the  established  church  in 
the  province,  perhaps  an  equal  number  of  Baptist  ministers 
and  none  of  the  Presbyterian  faith.  There  was  but  little 
room  for  clashing  among  the  ministers.  Later  some  differ- 
ences arose  in  regard  to  the  right  of  Presbyterian  ministers 
to  perform  the  marriage  service.  Originally  in  1666  certain 
civil  officers  were  empowered  to  perform  the  marriage  cere- 
mony, and  "the  persons  violating  this  marriage  shall  be  pun- 
ished as  if  they  had  been  married  by  a  minister  according  to 
the  rites  ...  of  England."  The  Quakers  married  according 
to  their  own  rites.  In  1715  it  was  again  enacted  that  magis- 
trates might  perform  the  marriage  service  in  parishes  where 
no  minister  was  resident ;  but  in  all  cases  a  license  or  the 
SLR^xxiii,  publication  of  banns  was  required.  The  law  remained  un- 
changed until  1 74 1,  when  it  was  again  enacted  that  no  min- 
ister or  justice  should  celebrate  the  rite  of  marriage  without 
license  or  banns ;  and  that  the  parish  minister,  if  one,  should 
be  entitled  to  the  fee  unless  he  neglected  or  refused  to  per- 


The  rite  of 
marriage 


10,  158 


THE  ESTABLISHED  CHURCH  383 

form  the  service.    There  were  still  no  Presbyterian  ministers  UJl 

settled  in  the  province  and  but  very  few  Baptist  ministers, 
and  it  was  nowhere  the  practice  for  Baptist  ministers  at  that 
time  to  perform  the  marriage  service.  About  1755  Hugh 
McAden  and  James  Campbell  established  themselves  respec- 
tively in  Duplin  and  Cumberland  counties,  where  they  or- 
ganized Presbyterian  congregations.  These  were  regularly 
ordained  ministers  of  that  faith.  A  little  later  Rev.  Henry 
Pattillo,  James  Criswell,  David  Caldwell,  Joseph  Alexander 
and  Hezekiah  Balch  had  charges  of  the  same  communion 
further  in  the  interior.  In  their  respective  settlements  there 
were  but  few  adherents  of  the  Church  of  England.  Now, 
however,  some  clashing  because  of  religious  differences  be- 
came observable. 

Originally  introduced  in  1701  in  an  effort  to  secure  some 
religious  services  for  the  colony,  at  a  later  period  the  state 
church  was  fostered  by  influences  emanating  from  Great 
Britain.  It  was  a  survival  of  former  usages,  and  was  not 
then  so  inharmonious  with  the  times  as  it  subsequently  be- 
came. In  every  European  country  religion  was  the  care  of 
the  state;  and  in  England  the  established  church  was  at 
once  the  mainstay  of  the  Crown  and  the  support  of  the  rul- 
ing dynasty,  while  it  had  long  been  the  bulwark  protecting 
Protestantism  from  the  domination  of  Catholicism.  When 
the  province  became  attached  to  the  Crown,  the  king  being 
at  the  head  of  affairs,  ecclesiastical  as  well  as  civil,  and  all 
provincial  laws  requiring  his  concurrence,  his  officers  sought 
to  strengthen  and  promote  the  state  church,  and  such  was 
the  tenor  of  the  instructions  given  to  the  governors.  Par-  f_?3*XI11, 
ticular  effort  was  to  be  made  to  that  end — even  schoolmas- 
ters being  required  to  be  members  of  the  established 
church.  Such  was  one  of  the  results  of  the  domination 
of  the  Crown,  of  the  close  connection  of  the  province 
with    the    mother    country.     North    Carolina    was    to    be   NT,,?ern 

J  and  Edenton 

fashioned    after    England — a    consequence    not    so    intoler-   academies 
able,  for  all  the  inhabitants  were  British  subjects,  reared 
under  existing  institutions,  and  regarding  their  king  as  the 
fountain  of  all  honor  and  justice. 

The  freeholders  of  the  east  dominated  the  Assembly,  and 
they  were  largely  in  sympathy  with  the  Church  of  England. 


384 


SOCIAL  LIFE  AT  THE  REVOLUTION 


Weeks, 
Church  and 
State  in 
North 
Carolina,  51 


UJl  Legislation  therefore  conformed  to  the  wishes  of  the  Crown. 

The^panah  yet  it  was  by  no  means  onerous.  But  while  the  burdens  im- 
posed were  not  heavy,  nevertheless  the  principle  of  taxation 
for  church  purposes  was  offensive  to  many  of  the  dissenting 
inhabitants.  How  slight  the  tax  was  may  be  gathered  from 
the  report  of  Quaker  sufferings  made  annually  "to  the 
Meeting  for  Sufferings"  in  London ;  "in  1756,  chiefly  for  the 
maintenance  'of  an  hireling  priest/  "  £10  14s.  5d. ;  two  years 
later,  £14  17s.  6d. ;  1759,  £85  ;  1760,  £23 ;  1761,  no  sufferings ; 
nor  in  1762,  nor  1765.  In  1768  fines  were  reported  amount- 
ing to  £5  4s.,  "being  for  priests'  wages  and  repairing  their 
houses,  called  churches."  In  1772,  30s.,  church  rates;  none 
in  1773  nor  1774. 

The  amount  of  tithes  collected  here,  says  Dr.  Weeks,  is 
ridiculously  small ;  but  in  this  small  sum  was  wrapped  the 
whole  principle  of  liberty  of  conscience. 

At  the  west  the  Presbyterians  concerned  themselves  but 
little  with  the  vestry  laws.  They  either  did  not  elect  vestry- 
men, or  chose  those  who  carried  into  operation  only  the  pro- 
visions relating  to  the  poor  of  the  parish,  not  providing  any 
stipend  for  "an  orthodox  minister."  Yet  certainly  some  of 
the  incidents  of  the  state  church  bore  hard  on  the  follow- 
ers of  Knox,  as  on  the  Baptists. 

Since  the  assemblymen,  North  Carolinians,  enacted  the 
laws,  there  was  no  infringement  of  any  liberty  of  worship; 
there  was  no  persecution.  "There  was  no  opportunity  for 
it  under  the  existing  laws,  and  the  dissenters  were  aggres- 
sive and  powerful.  The  manuscript  records  of  the  Friends 
show  perfectly  conclusively  that  while  they  suffered  distraint 
for  tithes  and  military  levies,  they  were  not  imprisoned. 
They  suffered  no  bodily  violence."  "There  was  more  re- 
ligious liberty  at  the  beginning  than  at  the  close  of  the 
colonial  life  of  North  Carolina,  but  there  is  no  well-authen- 
ticated case  of  bodily  persecution  in  our  annals,  unless  we 
count  the  imprisonment  of  the  Quakers  who  refused  to  bear 
arms  in  1680  as  such,  and  this  seems  to  have  been  more 
political  than  religious  in  its  character." 

Yet  the  effort  to  maintain  the  state  church  system  in  a 
province  where  so  many  were  indisposed  to  support  it  was  a 
source  of  irritation,  without  any  compensating  advantages, 


Week*, 
Church  and 
State  in 
North 
Carolina,  48 


Act 


INFLUENCE  OF  THE  ESTABLISHED  CHURCH        385 

while   fundamentally   erroneous   in   principle.     The   estab-  l"1 

lished  church  as  a  state  institution  was  out  of  place  in 
America,  where  the  people,  bursting  the  bonds  of  the  past, 
had  emerged  into  a  new  life,  with  greater  freedom  of 
thought  and  action  nurtured  by  their  close  contact  with  na-  The  Vestry 
ture;  and  one  of  the  chief  objects  in  view,  strengthening  the 
Crown,  was  defeated  by  its  rendering  the  Crown  antagonistic 
to  the  dissenters  in  that  relation  of  life  which  was  dearest 
to  the  people,  their  church  affiliations.  In  1762  provision 
was  made  "for  an  orthodox  clergy,"  by  which  the  salary  of 
clergymen  was  fixed  at  £133,  and,  as  formerly,  a  fee  for 
marrying  was  allowed,  although  performed  by  another.  The 
Vestry  still  had  the  right  to  select  the  clergyman,  who,  how- 
ever, was  required  to  have  a  certificate  from  the  bishop  of 
London  that  he  had  been  ordained  in  the  Church  of  Eng- 
land. In  case  of  bad  conduct  he  could  be  removed  by  the 
governor  and  council.  This  last  provision  was  objectionable 
to  the  authorities  in  England,  and  for  that  reason  the  act  was 
not  allowed.  Three  years  later  a  similar  act  was  passed,  the 
freeholders  in  every  parish  being  required  to  elect  twelve 
vestrymen,  and  if  they  elected  a  dissenter  who  refused  to 
qualify  he  was  fined.  The  vestry  could  levy  a  tax  of  ten 
shillings  on  the  poll  for  church  purposes,  for  encouraging 
schools,  maintaining  the  poor,  etc.  To  meet  the  objection 
raised  to  the  former  act  it  was  now  provided  that  while 
clergymen  might  be  suspended  by  the  governor  for  mis-  s.r., 
conduct,  the  suspension  should  be  only  until  the  bishop  of 
London  passed  on  the  cause.*  The  churches  of  that  com- 
munion in  all  the  colonies  were  under  the  supervision  of  the 
bishop  of  London. 

Governor  Tryon,  with  great  connections,  was  very  anxious 
apparently  to  commend  himself  to  the  authorities  at  home, 
and  yet  he  declared  that  he  was  a  zealous  advocate  of  the 
principles  of  toleration.  It  seems  that  the  Presbyterian  min- 
isters in  the  settlements  at  the  west  had  performed  the  mar- 
riage ceremony  without  either  license  or  publication  of  banns, 
contrary  to  the  law  in  England,  and  in  the  province  since 
171 1.  When  the  act  of  1762  was  on  its  passage,  the  council  c.  r.,  vi, 
proposed  an  amendment,  "that  no  dissenting  minister  of  any  8Sl 

♦This  act  was  rc-cnacted  in  1768,  and  again  in  1774  for  ten  years. 


XXIII,  9S6 


386 


SOCIAL  LIFE  AT  THE  REVOLUTION 


The 

Presbyterian 

ministers 


S  R 
XXI?I,679 


denomination  whatever  shall  presume  on  any  pretence  to 
marry  any  persons  under  the  penalty  of  forfeiting  £50 
proclamation  money  for  every  such  offence."  The  house  re- 
jected that  proposed  amendment,  and  the  act  was  passed 
without  such  a  provision.  This  action  was  doubtless  consid- 
ered as  impliedly  confirming  the  right  of  the  Presbyterian 
ministers  to  perform  the  marriage  service,  the  Assembly 
having  pointedly  declined  to  concur  in  a  provision  declaring 
it  unlawful.  Still  any  marriage  without  license  or  banns  was 
irregular  under  the  existing  law.  One  of  the  first  acts  passed 
in  Governor  Tryon's  time,  reciting  this  irregularity,  made 
valid  all  such  marriages  and  made  it  lawful  for  Presbyterian 
ministers,  regularly  called  to  any  congregation,  to  celebrate 
the  rite  of  marriage  in  their  usual  and  accustomed  manner, 
as  any  lawful  magistrate  might  do,  there  having  been  issued 
a  license  for  the  same.  The  fee  for  such  service  was,  how- 
ever, reserved  to  the  minister  of  the  Church  of  England  in 
that  parish,  if  one,  unless  he  refused  to  do  the  service.  This 
act  did  not  allow  Presbyterian  ministers  to  marry  by  the  pub- 
lication of  banns,  and  therefore  it  was  not  agreeable  to  the 
Presbyterian  communities,  and  they  made  bitter  complaints. 
To  remedy  this,  at  the  session  of  December,  1770,  an  act  was 
passed  allowing  these  ministers  to  perform  the  service  with 
publication.  Governor  Tryon  was  eager  to  please  the  Pres- 
byterians, but  Lord  Dartmouth  caused  the  act  to  be  disal- 
lowed, saying  that  he  could  not  approve  of  the  dissenters  in 
North  Carolina  having  any  greater  privileges  than  allowed  to 
them  in  England,  and  that  he  was  not  at  liberty  to  admit 
a  different  mode  of  marriage  in  the  colonies  than  required  by 
the  act  of  "Parliament.  Such  was  one  of  the  effects  of 
colonial  dependence  on  the  mother  country — a  Presbyterian 
minister  could  perform  the  marriage  ceremony  only  as  al- 
lowed by  act  of  Parliament. 

Under  Tryon's  active  management  the  clergy  of  the 
Church  of  England  in  the  province  increased  from  five  to 
eighteen.  These  were  distributed  chiefly  throughout  the 
eastern  and  northern  counties.  Some  were  supported  solely 
by  the  stipend  received  from  the  Society  for  the  Propagation 
of  the  Gospel  and  the  voluntary  offerings  of  the  people; 
others,  being  established  in  parishes,  received  the  allowance 


s.  R., 

XXIII,  826 

c.  r.,viii, 

597;  IX,  682 


The 

Episcopal 

clergy 


GROWTH  OF  DISSENTERS 


387 


The  test 

oath 


made  for  them  by  law.  There  was,  however,  but  little  fric- 
tion between  them  and  the  Presbyterians,  who  were  settled 
chiefly  at  the  west  and  dominated  that  entire  section.  In 
1766,  Rev.  Andrew  Morton,  being  sent  from  England  as  a 
missionary  to  minister  in  Mecklenburg  County,  ascertained 
when  he  reached  Brunswick  that  that  county  was  settled 
by  Presbyterians,  and  did  not  go  there.  In  Rowan  there 
were  some  of  the  established  church  who  asked  for  a  min- 
ister, and  about  1770  Rev.  Theodorus  Drage  was  assigned  to 
that  parish  and  undertook  to  have  a  vestry  elected ;  but  the 
Presbyterian  element  was  too  strong  for  him  to  contend 
with,  and  after  a  year  or  two  he  gave  up  his  charge. 

From  an  early  date  there  had  been  adherents  of  the  Bap- 
tist faith  in  the  province.  When  in  171 1  religious  affairs  be- 
came governed  by  the  laws  prevailing  in  England,  the  Tol- 
eration Act  came  into  force.  By  this  all  penalties  were  re- 
mitted for  non-conformity  in  the  case  of  Protestant  dissenters 
who  did  not  deny  the  doctrine  of  the  Trinity  upon  their  tak- 
ing the  oaths  of  allegiance  and  the  test  oath,  declaring  that 
"I  do  believe  that  there  is  not  any  transubstantiation  in  the 
sacrament  of  the  Lord's  Supper  or  in  the  elements  of  bread 
and  wine  at  or  after  the  consecration  thereof  by  any  person 
whatsoever."  It  required,  however,  that  their  places  of  wor- 
ship should  be  registered  in  the  county  courts,  and  that  the 
doors  of  their  place  of  meeting  should  be  open  during  the 
time  of  worship;*  and  their  ministers  were  to  subscribe 
the  thirty-nine  articles  of  religion,  except  those  relating  to 
ecclesiastical  government  and  infant  baptism.  At  the  time 
of  the  adoption  of  this  act  of  toleration,  on  the  accession  of 
William  and  Mary  to  the  throne  and  the  expulsion  of  the 
Stuart  kings,  it  was  understood  that  it  relieved  from  penalties 
all  except  alone  the  Roman  Catholics  and  Unitarians.  Every 
other  denomination  was  content  with  it.  In  North  Carolina, 
under  that  act,  the  Baptists  as  well  as  the  Presbyterians  were 
required  to  register  their  churches,  although  probably  the 
requirement  was  not  always  observed.  In  1770  the  Pres- 
byterians of  Rowan  registered  two  of  their  churches. 

The  first  churches  organized  by  the  Baptists  were  Shiloh 
and  Meherrin  ;  the  next,  in  i742,Kehukee ;  Sandy  Run,  1750; 

♦These  requirements  were  aimed  at  the  Catholics. 


The 

Toleration 

Act 


C.  R..VI1I, 

297,  507 

The 
Baptists 


388  SOCIAL  LIFE  AT  THE  REVOLUTION 

*JJ*  Fishing  Creek,  1755 ;  also  Reedy  Creek,  Sandy  Creek  in  Ran- 

dolph and  Grassy  Creek  in  Granville.  After  that  others  fol- 
lowed fast,  so  that  by  1771  there  were  twenty-two  distinct 
congregations,  besides  the  branches  springing  from  those 

,739  parent  churches  which  they  supplied.  At  the  September  term 

of  the  county  court  of  Edgecombe,  "Jbnatnan  Thomas,  a  non- 
conforming preacher,  produced  an  ordination  writing  signed 
by  George  Graham  and  John  Moore,  the  pastors  of  the  Bap- 
tists, ordaining  him  to  go  forth  and  preach  the  Gospel  accord- 
ing to  the  tenets  of  that  church ;  and  he  therefore  took  the 
oaths  of  allegiance  and  subscribed  the  test  appointed  for  that 
purpose."  A  similar  proceeding  was  had  at  the  June  session 
of  1740  of  the  county  court  of  Craven,  and  the  applicants 
were  given  liberty  to  build  a  house  of  worship.  It  seems, 
however,  that  some  of  them  were  accused  of  having  violated 
the  Toleration  Act  and  they  were  bound  over  to  appear  at 
the  next  term  of  the  general  court.* 

Methodists  The  present  Methodist  organization  was  not  then  in  exist- 
ence. Rev.  Mr.  Whitefield  passed  through  the  province  in 
1739  and  again  in  1764,  and  preached  at  Wilmington,  New 
Bern  and  perhaps  elsewhere,  but  still  regarded  himself  as  a 
minister  of  the  Church  of  England.  It  was  not  till  1772 
that  Joseph  Pilmoor,  the  first  Methodist  minister  in  North 
Carolina,  began  his  ministrations.  The  year  following  the 
first  society  was  formed  by  Robert  Williams ;  the  first  circuit 
was  formed  in  1776.  The  next  year  John  King,  John  Dick- 
ens, LeRoy  Cole  and  Edward  Pride  were  appointed  to  the 
North  Carolina  Circuit,  and  at  the  close  of  the  year  they  re- 
ported nine  hundred  and  thirty  members.  King  resided  near 
Louisburg,  and  later  ten  miles  west  of  Raleigh.  The  first 
conference  was  held  near  Louisburg  on  April  20th,  1785, 
at  which  Bishops  Asbury  and  Coke  were  present. 

Education  and  schools 

Educational  facilities  in  Albemarle  were  from  the  begin- 
ning greatly  lacking.  If  there  were  schools  and  schoolmas- 
ters in  the  earlier  years  no  mention  was  made  of  them ;  yet 
as  many  of  the  inhabitants,  born  and  bred  in  Albemarle,  evi- 

*A  verbatim  copy  of  the  minutes  of  that  court  is  to  be  found  in 
Vass's  "History  of  the  New  Bern  Presbyterian  Church." 


EDUCATIONAL  FACILITIES  389 

dently  received  some  training  in  their  youth,  there  must  have  w 

been  teachers  among  them.  When  the  ministers  of  the  estab- 
lished church  began  to  come  in,  about  the  opening  of  the 
eighteenth  century,  there  are  traces  of  some  local  schools. 
Charles  Griffin  was  a  school-teacher  in  Pasquotank,  as  well 
as  lay  reader.  There  was  a  school  taught  by  Mr.  Mashburn 
at  Sarum,  thought  to  be  near  Bandon,  and  about  three  miles 
from  Ballard's  Bridge.  Perhaps  there  were  others  employed 
as  lay  readers  who  also  taught  school. 

When  the  province  passed  under  the  immediate  control  Schooi- 
of  the  king  and  its  institutions  were  in  a  measure  con-  to  be  licenced 
formed  to  those  of  the  mother  country,  Governor  Burring- 
ton  was  instructed  in  1731  that  no  schoolmaster  should 
be  permitted  to  come  from  England  to  North  Carolina  to 
keep  school  without  the  license  of  the  bishop  of  London; 
and  "that  no  other  person  now  there  or  that  shall  come 
from  other  parts  shall  be  admitted  to  keep  school  in  North 
Carolina  without  your  license  first  obtained."*  This  instruc- 
tion was  in  aid  of  the  general  purpose  to  promote  the 
established  church,  to  train  children  in  that  faith,  and 
strengthen  the  hold  of  the  Crown  on  the  people.  Its  natu- 
ral effect  must  have  been  to  discourage  educational  work  in 
the  province.  We  hear  of  no  more  schools  except  one 
taught  about  1745  at  Brunswick  and  the  act  of  1745  to  build 
a  school-house  at  Edcnton.  In  1749  John  Stark ey,  himself 
it  is  said  an  ordained  Episcopal  clergyman,  introduced  a  bill 
in  the  legislature  to  establish  a  public  school,  but  the  act  did 
not  become  operative.  Later,  in  Governor  Dobbs's  time,  it  JJ.5r  v 
was  proposed  to  have  a  free  school  in  every  county ;  but  that  l°™  ' 
effort  also  miscarried. 

Notwithstanding  the  instructions  given  to  Burrington 
were  repeated  to  all  later  governors,  it  appears  that  the 
Scotch-Irish  and  other  settlers  in  the  interior  had  their  local 
schools  soon  after  coming  to  the  province,  as  Governor 
Dobbs  indicated  when  on  a  visit  to  his  lands  in  Rowan  and 

♦In  1714,  an  act  known  as  the  Schism  Act  was  passed  by  Parliament 
forbidding  any  person  to  teach  school  who  was  not  a  member  of 
the  established  church ;  this  act  was,  however,  repealed  in  1719, 
under  the  administration  of  the  Whig  party,  which  continued  for 
nearly  sixty  years.  Apparently,  the  governor  could  license  a  teacher 
who  was  not  of  the  established  church,  if  so  disposed. 


39o 


SOCIAL  LIFE  AT  THE  REVOLUTION 


1771 

Fooie's 
Sketches  of 
North 
Carolina, 
178 

Rumple, 
Hist,  of 
Rowan 
County,  83 


S   R. 
XXIH,   678 


S  R 
XXIH,  8»3 


Foote's 
Sketches 


Mecklenburg  counties.  They  were  probably  not  licensed  by 
him.  Although  Wilmington  had  no  organized  Presbyterian 
church,  Rev.  James  Tate,  a  Presbyterian  minister,  came 
from  Ireland  about  1760  and  opened  a  classical  school 
there,  the  first  ever  taught  in  that  place.  In  the  same  year 
Crowfield  Academy  was  established  at  Bellemont,  near  the 
site  of  Davidson  College. 

In  1764  it  was  proposed  to  erect  a  schoolhouse  on  some 
church  property  in  New  Bern,  Thomas  Tomlinson,  on  the 
first  of  January  of  that  year,  having  opened  a  school  there. 
The  school  building  was  probably  completed  in  1766,  when 
an  act  of  the  Assembly  incorporated  the  trustees,  provided 
a  tax  on  rum  to  raise  a  salary  of  £20  per  annum,  and 
required  the  admittance  of  ten  poor  pupils,  tuition  free; 
and  the  license  of  the  governor  was  required.  In  1770 
an  act  was  passed  reciting  that  the  inhabitants  of  Edenton 
had  erected  a  convenient  schoolhouse.  Trustees  were 
appointed  to  conduct  the  school,  and  the  master,  as  in  the 
case  of  the  school  at  New  Bern,  was  required  to  be  a  mem- 
ber of  the  established  church,  recommended  by  a  majority 
of  the  trustees  and  licensed  by  the  governor.  These  two 
academies  at  New  Bern  and  Edenton  afforded  educational 
advantages  that  were  of  great  benefit,  extending  through 
many  years,  to  the  people  of  the  eastern  counties. 

In  1767  Dr.  David  Caldwell  opened  a  classical  school  in 
Guilford  County  that  became  famous,  a  large  number  of 
eminent  men  receiving  their  education  there.  A  year  or  two 
later  Rev.  Henry  Pattillo  began  to  teach  in  Granville.  One 
of  his  pupils,  Charles  Pettigrew,  then  of  the  Presbyterian 
faith,  in  1773  became  the  principal  of  the  Edenton  Academy. 
A  little  later  Rev.  Daniel  Earl,  who  had  been  the  minister  at 
Edenton,  established  a  classical  school  in  Bertie. 

In  1 77 1  the  Lutherans  on  Second  Creek,  Rowan  County, 
sent  Rintelmann  and  Layrle  to  Europe  to  obtain  "help  to 
support  a  minister  and  school-teacher."  Their  efforts  re- 
sulted in  the  establishment  of  Godfrey  Arndt  as  the  school- 
master of  that  settlement. 

In  1768  Joseph  Alexander  succeeded  Mr.  Craighead  as 
pastor  of  Sugar  Creek;  "a  fine  scholar,  he,  in  connection 
with  Mr.  Benedict,  taught  a  classical  school  of  high  excel- 


COLONIAL  CLASSICAL  SCHOOLS  391 

lence  and  usefulness."    Indeed,  there  was  probably  a  school  w 

kept  open  in  most  of  the  seven  Presbyterian  settlements  in 
Mecklenburg  County. 

There  was  a  grammar  school  at  Charlotte  before  1770,  and  s.r.,xxv, 
in  that  year  Edmund  Fanning  introduced  a  bill  to  establish 
a  seminary  of  learning  there  under  the  name  of  Queen's  9"1«€n'* 
College.     Fanning,  Pattillo,  Abner  Nash  and  other  trustees 
were  directed  to  meet  at  the  grammar  school  and  elect  a 
president  and  tutors.    The  college  was  to  have  the  right  to 
confer  degrees.    The  president  was  to  be  of  the  established 
church,  and  licensed  by  the  governor,  but  that  was  not 
required  as  to  the  trustees  or  tutors.    To  endow  the  college, 
a  tax  of  sixpence  was  laid  on  all  liquors  brought  into  the 
county  of  Mecklenburg  for  ten  years.     The  trustees  met 
and  elected  Fanning  the  president.    Fanning,  however,  left 
the  province,  along  with  Governor  Tryon,  in  the  summer  s.rmxxv, 
of  1771,  and  at  the  next  session  of  the  Assembly,  in  Decern-  5ao 
ber,  1771,  the  charter  was  amended,  enabling  degrees  to  be 
conferred  in  his  absence. 

The  original  act  having  been  sent  to  England,  the  Board 
of  Trade  reported  "that  this  college,  if  allowed  to  be  incor- 
porated, will  in  effect  operate  as  a  seminary  for  the  education 
and  instruction  of  youth  in  the  principles  of  the  Presbyterian 
Church,"  and  the  Board  doubted  whether  the  king  should 
give   that  encouragement   to   the   Presbyterians   in   North 
Carolina.    The  Board  also  objected  to  the  looseness  of  the  c  R  •  IX» 
wording  of  the  tax  clause ;  but  in  particular  it  recommended 
that  the  king  should  disallow  the  act  because  it  came  under 
the  description  of  those  unusual  and  important  acts  which 
were  not  to  be  passed  without  a  suspending  clause ;  that  is, 
such  acts  were  not  to  go  into  effect  until  the  king  had 
assented  to  them.     The  king  disallowed  the  act  in  April, 
1772,  but  the  college  seems  to  have  been  continued;  and  in 
April,  1773,  the  amendment  being  disallowed,  a  proclama-   c.  r.,  ix, 
tion  was  issued  by  Governor  Martin  in  June  declaring  that   *** 597 
the  amendment  was  of  no  effect.    The  school  was  maintained,   ill*  IT* 
apparently  without  interruption,  under  the  name  of  Queen's   r^l^' 
Museum,  and  in  1777  the  state  legislature  incorporated  it  as   l8"a5 
Liberty  Hall,  that  act  of  Assembly  then  declaring  that  a   xxiv,  30 


392  SOCIAL  LIFE  AT  THE  REVOLUTION 

*ZJI  number  of  youths  there  taught  had  since  completed  their 

education  at  various  colleges  in  different  parts  of  America. 

That  there  were  other  schools  at  that  period  in  other 
settlements  cannot  be  doubted;  while  for  higher  education 
the  colleges  of  William  and  Mary,  Harvard,  Yale,  Prince- 
ton, in  America,  were  patronized,  and  some  of  the  youths 
from  the  seacoast  counties  at  least  were  educated  in  England. 

Taxation 

In  those  early  days,  when  wealth  found  investment  only 
in  lands  and  in  negro  property,  the  subjects  of  taxation  were 
few,  and  for  general  purposes  the  exclusive  tax  was  on  the 
poll.  The  expenses  of  government  had  from  the  first  been 
cast  on  the  Lords  Proprietors,  at  least  to  a  great  degree.  The 
salaries  of  officers  were  paid  from  the  quit  rents  by  the 

Land  tax  receiver-general  and  by  fees.  In  1715,  however,  a  tax  was 
laid  of  2s.  6d.  on  every  one  hundred  acres  of  land,  in  addi- 
tion to  fifteen  shillings  tax  on  the  poll ;  but  the  land  tax  was 
for  that  year  only. 

After  the  transfer  to  the  Crown  the  same  system  was  con- 
tinued, and  the  Crown  officers  and  provincial  officers  were 
paid  from  the  quit  rents*  and  by  fees.  Many  years  passed 
before  the  Assembly  could  be  induced  to  make  some  little 
provision  for  a  salary  for  the  chief  justice  and  the  attorney- 
general.  The  chief  current  expense  was  in  connection  with 
the  assemblies. 

Pollux  As   soon  as  Governor  Johnston  came  in  the  Assembly 

granted  an  aid  to  the  king,  striking  off  currency  for  that 
purpose,  and  laying  a  tax  on  the  poll  to  retire  that  currency. 
From  time  to  time  similar  action  was  taken,  provision  being 
made  to  pay  the  provincial  notes  by  a  poll  tax. 

SrJJv,  Similarlv  there  was  a  countv  tax  for  bridges,  court-houses, 

XXII I,  190      .  -       .  •  ,  .,,.  1  it 

jails,  etc.,  which  generally  ran  about  one  shilling  on  the  poll ; 

and  there  was  a  parish  tax  usually  applied  to  the  care  of 

the  poor,  and  similar  local  purposes — and  in  some  parishes 

a  part  of  the  fund  going  for  the  minister's  salary,  chapels, 

glebes,  etc.    This  tax  was  limited  to  ten  shillings,  and  seems 

to  have  run  from  one  to  three  shillings  generally.     In  1768 

the  provincial  tax  aggregated  seven  shillings  per  poll.    One 

♦All  grants  of  land  up  to  the  Revolution  were  made  subject  to  the 
quit  rent. 


TAXATION  393 


shilling  was  still  being  collected  to  sink  the  aid  to  the  king  I7yi 

granted  twenty  years  earlier,  and  five  shillings  of  the  entire 
tax  was  because  of  these  aids.  There  was  a  tax  for  con- 
tingent expenses  of  government — to  pay  the  chief  justice, 
attorney-general,  the  expenses  of  the  Assembly,  etc.  In  that 
year  there  was  a  further  tax  of  eight  pence,  which  had  been 
laid  for  two  years  to  pay  for  the  erection  of  the  governor's 
palace.  The  county  tax  that  year  in  Orange  County  was 
one  shilling  and  the  parish  tax  three  shillings.  The  poll  tax 
was  levied  on  all  male  whites  over  sixteen  years  of  age 
and  on  all  slaves,  female  as  well  as  male,  over  twelve  years 
of  age.  By  this  distribution,  property  paid  a  tax,  for  as  Quit  rent* 
the  lands  were  held  by  quit  rents,  most  of  the  accumulated 
wealth  was  represented  by  slaves.  For  special  purposes, 
some  other  taxes  were  imposed.  A  tonnage  tax  on  vessels 
was  collected  for  a  fund  to  purchase  powder.  A  tax  on  rum 
and  liquors  was  sometimes  laid  for  a  local  purpose — as  for 
the  New  Bern  Academy  and  Queen's  College. 

In  order  to  have  the  commodities  marketed  in  a  mer- 
chantable condition,  there  were  laws  regulating  how  they 
should  be  put  up  for  the  market;  and  there  were  many 
places  specified  where  these  articles  of  commerce  could  be 
inspected  by  an  officer  appointed  for  that  purpose,  and  they 
were  not  to  be  shipped  out  of  the  province  unless  inspected. 
Public  warehouses  for  the  inspection  of  tobacco  were  estab- 
lished at  Edenton,  at  a  point  on  the  Chowan  and  at  Hertford ; 
at  Jones's  and  Pitts's  Landing,  in  Northampton ;  at  Tarboro, 
Halifax,  Campbellton ;  at  Dixon's,  Kingston,  and  Shep- 
herd's, in  Dobbs  County.  The  inspectors  at  these  ware-  J,"t]£ctor*' 
houses,  on  receiving  commodities,  gave  inspectors'  notes  for 
the  same ;  and  these  notes  or  receipts  were  receivable  in 
payment  of  public  taxes  at  the  following  rates:  Tobacco, 
at  fifteen  shillings  per  hundredweight ;  hemp,  forty  shillings ;  s.  r., 
rice,  twelve  shillings ;  indigo,  four  shillings  a  pound ;  beeswax,  ' 7  * 

one  shilling;  myrtle- wax,  eight  pence;  tallow,  six  pence; 
Indian-dressed  deer  skins,  two  shillings,  six  pence.  Thus  it 
took  rather  more  than  a  pound  of  tallow  to  pay  the  tax  that 
was  levied  to  build  the  governor's  mansion,  and  fifty  pounds 
of  tobacco  paid  the  entire  provincial  tax  of  1767-68. 


394 


SOCIAL  LIFE  AT  THE  REVOLUTION 


S    R 

x'xii'i,  788 


Lawyers 

The  lawyers  were  regulated,  and  by  act  of  1770  they  were 
not  allowed  to  charge  more  than  ten  shillings  for  any  advice 
in  a  matter  before  the  inferior  court,  where  no  suit  was 
brought ;  nor  more  than  £1  for  advice  in  a  matter  cognizable 
in  the  superior  court.  In  suits  for  land  they  could  charge  no 
more  than  £5.  In  no  other  suit  in  the  superior  court  could 
they  charge  more  than  £2  10s.,  and  in  the  inferior  court  their 
fee  was  just  one-half  of  that.  They  were  to  be  fined  £50  if 
they  demanded  any  larger  compensation.  Their  fee  was 
embraced  in  the  bill  of  costs  in  the  suit,  and  if  the  attorney 
neglected  his  case  the  court  could  order  him  to  pay  all  costs 
occasioned  by  his  neglect.  After  any  case  was  determined, 
any  client  could,  however,  make  further  compensation,  if  he 
chose  to  do  so,  to  his  lawyer. 


S   R 
XXIII,  789 


Quakers  and  the  militia 

Quakers  had  been  subject  to  a  fine  for  not  mustering; 
in  1770  they  were  excused  from  mustering,  but  still  they 
were  required  to  render  military  duty  in  time  of  peril.  It 
was  provided  that  the  colonel  of  the  county  should  make  a 
list  of  all  male  Quakers  between  the  ages  of  sixteen  and 
sixty,  who  should  be  under  the  command  of  some  officer 
appointed  by  the  governor.  In  time  of  invasion  or  insur- 
rection a  proportionate  number  of  this  Quaker  force  might 
be  called  into  service,  but  could  provide  substitutes  or  could 
pay  £10  instead. 

Servants  and  slaves 

Negro  slavery  was  introduced  into  the  colony  at  an  early 
date,  and  servants  by  indenture  was  an  English  institution 
of  long  standing.  Many  persons  came  to  America,  paying 
their  way  by  an  agreement  to  render  service  for  a  definite 
period  of  time,  these  being  called  redemptionists.  There 
were  but  few  redemptionists  brought  to  North  Carolina,  but 
apparently  there  was  a  considerable  number  of  indented  ser- 
vants. The  law  forbade  the  emancipation  of  negroes  except 
for  meritorious  services,  to  be  passed  on  and  allowed  by  the 
justice's  court  for  the  precinct  or  county.  In  1723  such  a 
considerable  number  of  free  negroes,  mulattoes,  and  other 


SERVANTS  AND  SLAVES  395 

persons  of  mixed  blood  came  into  the  colony,  several  of  w* 

whom  intermarried  with  the  whites  against  the  law,  that  a 
particular  act  was  passed  expelling  them ;  and  no  negro 
set  free  was  allowed  to  remain  in  the  province  longer  than 
six  months. 

In  1 741  a  further  act  was  passed  on  the  subject  of  Chris- 
tian servants,  by  which  indented  servants  were  meant,  and 
of  negro  slaves,  regulating  their  correction  and  punishment, 
their  diet,  lodging,  etc. ;  these  matters  being  under  the  super- 
vision of  the  county  justices.  In  case  any  Christian  servant 
should,  during  the  time  of  his  servitude,  become  diseased, 
the  church  wardens  had  to  see  that  he  was  cared  for. 

If  any  person  should  import  a  slave  who  had  been  free 
in  any  Christian  country,  such  slave  was  to  be  returned  to 
the  country  from  which  he  was  brought,  and  a  penalty  was 
fixed  for  the  offence.  Slaves  were  required  to  remain  on 
the  plantation,  and  only  one  of  them  was  allowed  to  have  a 
gun  to  hunt  for  his  master. 

In  the  trial  of  slaves  other  slaves  could  give  evidence, 
but  in  no  other  cases. 


CHAPTER  XXIV 
Martin's  Administration,  1771-75 

Martin's  administration. — The  Regulator  chieftains. — Pardon 
asked. — The  Assembly  meets. — Act  of  oblivion  recommended. — The 
line  between  the  Carol inas. — The  quarrel  with  the  governor. — The 
Assembly  dissolved. — Sarah  Wilson. — Purchase  of  Granville's  terri- 
tory proposed. — Governor  Martin  proposes  reforms. — He  confers 
with  the  Regulators. — The  province  tranquil. — Martin's  view  of  the 
commotion. — The  house  objects  to  the  South  Carolina  line. — Dis- 
agreement of  the  houses  over  James  Hunter. — Fanning's  losses. — 
Changes  at  the  west. — The  court  bill. — The  attachment  clause. — 
The  house  resolute. — It  is  dissolved. — Courts  by  prerogative. — 
Quincy's  visit. — Martin  to  become  Granville's  agent.-—Colonial  af- 
fairs.— Committee  of  Correspondence. — The  act  of  oblivion  again 
fails. — The  house  affronts  the  governor. — The  courts  cease. — The 
governor  seeks  conciliation. — Temporary  courts  of  oyer. — The  one 
shilling  tax. — Harvey  urges  a  convention. — Continental  affairs. — Tea 
destroyed  at  Boston. — Parliament  closes  the  port  of  Boston. — The 
McDonalds  come  to  the  Cape  Fear. 

Martin's  administration 

UJ1  After  the  hasty  departure  of  Governor  Tryon  from  the 

province,  at  a  meeting  of  the  council  held  in  New  Bern  on 
July  1,  1771,  James  Hasell,  the  eldest  councillor  and  the 
president  of  the  board,  assumed  the  administration,  requir- 
ing all  officials  to  qualify  again,  as  if  he  had  been  appointed 

Augusts*  governor.  It  was  not  until  August  nth  that  Josiah  Martin, 
the  new  governor,  who  had  been  detained  in  New  York  by 
illness,  arrived  at  New  Bern  and  entered  on  the  discharge  of 
his  duties.    Governor  Martin,  like  Tryon,  had  been  a  lieu- 

c.  r.,  x,  47  tenant-colonel  of  the  British  army,  but  had  two  years  earlier 
sold  his  commission  and  left  the  army  because  of  ill  health. 
He  was  just  thirty-four  years  of  age,  an  accomplished  gen- 
tleman, a  man  of  education,  having  strong  connections  in 
England.  He  had  enjoyed  the  advantage  of  consultation- 
with  Governor  Tryon  at  New  York,  receiving  from  him 
much  information  in  regard  to  the  local  affairs  of  the  prov- 
ince. His  purpose  seems  to  have  been  to  continue  in  the 
same  line  of  conduct  that  Tryon  had  pursued.    Pleased  with 


THE  REGULATORS  SEEK  PARDON  397 

President  Hasell,  he  took  early  occasion  to  recommend  him  lJJl 

for  the  position  of  lieutenant-governor  in  place  of  Lieuten-  c^  *••  IX« 
ant-Governor  Mercer,  who,  it  was  rumored,  had  been  ap- 
pointed to  a  new  government  erected  on  the  Ohio,  but  this 
proved  to  be  an  error,  for  Lieutenant-Governor  Mercer  still 
remained  in  England,  enjoying  the  honors  if  not  the  emolu- 
ments of  his  office. 

Applications  were  speedily  made  for  the  pardon  of  many 
•<)f  the  leading  Regulators.  Husband  had  fled  to  Maryland, 
and  later  located  in  Pennsylvania.  Howell  also  took  refuge 
in  Maryland,  then  moved  to  Virginia,  but  finally  returned 
to  the  home  of  his  youth  in  New  Jersey.  Hunter,  who  had 
strong  connections  in  North  Carolina,  after  some  months' 
sojourn  in  Maryland,  returned  and  took  up  his  abode  among 
his  people.  The  Assembly  favored  him,  as  well  as  the  county  ^8^x' 
courts,  much  to  the  disgust  of  the  governor.  His  friends 
asked  for  his  pardon,  but  it  was  never  formally  granted,  yet 
he  remained  undisturbed  and  was  later  regarded  as  a  sup- 
porter of  Governor  Martin's  administration.  William 
Butler  made  his  petition  for  pardon,  saying :  "It  is  with  the 
utmost  abhorrence  that  I  reflect  on  the  proceedings  of  the 
people  formerly  called  Regulators,  being  fully  convinced  that 
the  principles  which  they  had  espoused  were  erroneous,  and 
therefore  most  sincerely  promise  never  to  do  the  like  again." 
The  friends  of  the  "Black  Boys"  in  like  manner  petitioned  c.r.,  ix, 
for  mercy  for  them.  Later  the  six  convicted  Regulators 
were  pardoned  by  the  king,  and  no  other  proceedings  were 
instituted,  although  unavailing  efforts  were  made  to  capture 
Husband  in  his  hiding  place  in  western  Maryland. 

Governor    Martin    convened   the    Assembly   on    Novem-  ,77' 
ber  19th,  being  the  second  session  of  the  body  elected  in  1770. 
Husband  had  been  expelled,  and  John  Pryor,  the  other  mem- 
ber from  Orange,  being  dead,  McNair  and  Nash  were  elected 
in  their  stead.     Thomas   Person,  although  excluded  from 
pardon  by  the  proclamation  of  Governor  Tryon  shortly  after 
the  battle  of  Alamance,  appeared  and  took  his  seat,  but  c.  r.,ix, 
Benjamin  Person,  one  of  the  members  from  Bute,  had  died.  X3 
General  Waddell  had  been  elected  from  Bladen  County  to 
fill  a  vacancy.    There  were  no  other  notable  changes  in  the 
body. 


398 


MARTIN'S  ADMINISTRATION,  1771-75 


1771 


November 


C.  R.,IX, 
369 


ft 


an.,  1771 


ire  in 
Wilmington, 
South 
Carolina 
Gazette 


Governor  Martin's  opening  address  was  very  satisfactory 
to  the  Assembly,  and  Maurice  Moore,  Samuel  Johnston  and 
Abner  Nash  were  appointed  a  committee  to  prepare  an 
answer  to  it.  Their  address  was  reported  to  the  house  by 
Judge  Moore,  and  it  is  notable  in  that  it  contains  but  little 
of  the  laudation  lavished  by  the  council  on  Governor  Tryon, 
although  it  declared  that  ''his  spirited  conduct  and  the 
bravery  of  the  troops  in  the  expedition  against  the  insur- 
gents deserve  the  acknowledgments  of  the  whole  country." 
Indeed,  Judge  Moore  seems  to  have  been  at  points  with  the 
late  governor,  shortly  after  whose  departure  there  appeared 
a  letter  signed  "Atticus,"  attributed  to  Judge  Moore,* 
roughly  handling  him  and  holding  him  up  to  ridicule.  The 
house  urged  the  governor  to  grant  a  general  pardon  to  all 
persons  concerned  in  the  insurrection  except  Husband, 
Howell  and  Butler.  The  omission  of  Hunter  from  this 
excepted  list  is  remarkable,  since  he  was  the  general  of  the 
insurgent  forces.  Governor  Martin,  however,  thought  it  be- 
yond his  power  to  grant  pardons,  and  replied  that  he  had 
already  offered  such  a  measure  for  the  consideration  of  the 
king,  and  at  a  subsequent  session  he  informed  the  house  that 
the  king  recommended  it  to  pass  a  general  act  of  pardon  and 
oblivion. 

The  house  proceeded  to  address  itself  to  local  affairs,  pass- 
ing bills  to  establish  new  counties  at  the  west,  to  construct  a 
public  road  from  the  western  counties  to  Campbellton,  to 
amend  the  act  in  relation  to  fees  for  officers,  and  other  legis- 
lation calculated  to  promote  the  welfare  of  the  people.  Wil- 
mington had  suffered  by  a  heavy  fire,  and  an  act  was  passed 
regulating  the  affairs  of  that  town,  particularly  in  view  of 
possible  conflagrations.  A  two-shilling  tax  was  laid  to  retire 
debenture  bills  to  the  amount  of  £60,000,  directed  to  be  issued 
because  of  the  expenses  incurred  in  the  Alamance  campaign. 


The  line  between  the  Carolinas 

South  Carolina  had  desired  the  line  between  the  provinces 
to  be  so  established  as  to  give  her  a  large  territory  at  the 
west.  On  the  other  hand,  Governor  Tryon  had  urged  that 
the  line  from  the  Yadkin  River  should  be  extended  direct 

♦Also  attributed  to  Abner  Nash.    Perhaps  it  was  their  joint  work. 


THE  SOUTH  CAROLINA  BOUNDARY  399 

* 

to  the  Indian  boundary,  which  he  thought  it  would  reach  w 

somewhere  near  Reedy  River.  But  South  Carolina,  claiming 
that  the  original  division  before  Brunswick  was  settled  had 
been  the  Cape  Fear  River  and  that  when  the  line  was  run 
to  the  Yadkin  the  surveyors  had  erroneously  allowed  North 
Carolina  eleven  miles  too  much,  now  insisted  that  the  boun- 
dary should  be  the  Catawba  River  to  its  source  in  the  moun- 
tains. The  king,  however,  decreed  that  the  line  should 
follow  the  boundaries  of  the  reservation  allotted  to  the 
Catawba  Indians,  and  then  up  the  Catawba  River  to  its  forks, 
and  from  there  a  due  west  course.  Such  were  the  instruc- 
tions given  to  Governor  Martin,  who  asked  for  an  appropria- 
tion to  carry  them  into  effect.  The  Assembly  demurred,  The  line  n<* 
replying  that  it  had  no  funds  for  the  purpose,  and  with  some  "tw  actory 
indignation  it  petitioned  the  king  not  to  insist  on  that  line. 
After  adjournment,  however,  Governor  Martin  ran  that  line, 
much  to  the  dissatisfaction  of  North  Carolina.  It  deprived  the 
province  of  a  wide  breadth  of  valuable  territory  well  settled, 
for  population  had  now  extended  to  the  mountains;  but 
notwithstanding  all  remonstrances,  it  never  was  altered. 
While  the  western  part  of  the  province  was  receiving  these 
accessions  of  population,  immigrants  were  continually  arriv- 
ing at  the  ports,  and  in  the  winter  of  1771  no  less  than  one  c  ^  IX 
thousand  Highlanders  disembarked  on  the  Cape  Fear.  »» 

The  clashing  over  the  sinking  fund  tax 

Among  other  business  that  the  Assembly  undertook  was 
the  passage  of  a  new  court  law.    But  the  session  was  brought 
to  an  unexpected  close  with  that  and  much  other  business 
unfinished.     Besides  the  act   for  the  issue  of  £60,000  of  Dec.,  1771 
debenture  notes,  both  houses  passed  a  bill  to  issue  £120,000 
of   proclamation    money,    which    the    governor    considered 
repugnant  to  the  act  of  Parliament  prohibiting  the  issue 
of  paper  currency  of  legal  tender,  and  did  not  assent  to. 
On  the  same  day,   Saturday,  December   21st,   a  bill  was  The 
passed  to  discontinue  a  tax  of  one  shilling  for  the  sinking  dUcdHd£* 
fund,   which  appeared   to   have  had   full   operation.     The  ued 
governor  was  determined  not  to  assent  to  that,  saying  that 
it  was  a  measure  teeming  with  fraud  and  inconsistent  with 
the  public  faith ;  but  the  leaders  in  the  Assembly  were  equally 


400 


MARTIN'S  ADMINISTRATION,  1771-75 


C.  R..  IX, 

The 

Assembly 

dissolved 


C.  RM  IX, 
•34 


lJZl  determined  in  their  resolution  to  relieve  the  people  of  what 

As^embi       t*iev  ^B^ded  an  unnecessary  burden.    Despite  the  antag- 
*n*  onism  of  the  governor,  they  proposed  to  proceed.    In  view 

of  the  fact  that  he  would  not  ratify  the  act,  the  house  passed 
a  resolution  that  the  tax  had  accomplished  its  purpose  and 
should  no  longer  be  collected ;  and  that  it  would  indemnify 
the  sheriffs  in  not  collecting  it.  This  was  similar  action  to 
that  taken  in  1768,  to  which  Governor  Tryon  objected,  but 
which,  notwithstanding  his  objection,  was  successfully  made 
effective.  On  learning  that  this  resolution  had  been  adopted 
by  the  house,  Governor  Martin  hastily  commanded  their 
attendance,  and  before  it  could  be  entered  on  their  journal 
of  proceedings  he  immediately  dissolved  the  Assembly. 
Treasurer  Ashe  was  a  member  of  the  body,  as  well  as  Treas- 
urer Montfort,  who  had  been  elected  at  a  bye-election  as 
the  representative  of  the  town  of  Halifax,  and  pursuant  to 
the  resolution,  they  omitted  that  tax  from  the  sheriffs'  lists. 
The  governor  at  once  wrote  to  the  treasurers,  insisting 
that  they  direct  the  sheriffs  to  collect  the  tax  as  usual.  While 
the  treasurer  of  the  northern  district  complied,  the  southern 
treasurer  refused  and  obeyed  the  mandate  of  the  Assembly. 
Thereupon  the  governor  issued  a  proclamation  commanding 
the  sheriffs  to  make  the  collection,  but  his  order  was  not 
generally  obeyed.  Thus  came  a  breach  between  the  new 
governor  and  the  people,  on  a  local  matter,  which  Governor 
Tryon  always  had  the  address  to  avoid. 

During  the  course  of  the  winter  an  accomplished  woman, 
calling  herself  Lady  Susanna  Carolina  Matilda,  sister  to  the 
queen  of  Great  Britain,  travelled  through  Virginia,  being 
entertained  at  the  houses  of  the  gentlemen,  and  many  had 
the  honor  of  kissing  her  hand.  To  some  she  promised  gov- 
ernments, to  others  regiments  or  promotions  of  different 
kinds  in  the  treasury,  army  and  navy,  acting  her  part  so 
adroitly  as  to  levy  heavy  contributions  on  persons  of  the 
highest  rank.  At  New  Bern  she  received  marked  attention 
from  Governor  Martin  and  his  wife,  and  at  Wilmington  she 
was  also  received  with  every  distinction.  Eventually,  at 
Charleston,  where  much  attention  was  paid  her,  her 
masquerade  was  discovered,  and  she  was  apprehended.  Her 
name  was  Sarah  Wilson.     She  had  been  a  maid  of  honor. 


Sarah 
Wilson 


Martin, 
Hi*t.  of 
North 
Carolina, 
II,  aoa 


GRANVILLE'S  TERRITORY  401 

Having  access  to  the  royal  apartments,  she  rifled  a  cabinet  w 

of  many  valuable  jewels,  for  which  she  was  tried  and  con- 
demned to  death.  By  an  act  of  grace  her  sentence  was 
softened  into  transportation,  and  she  had  been  landed  in 
Maryland  during  the  preceding  fall,  where,  as  a  convict,  she 
was  purchased  by  a  Mr.  Duval.  Shortly  afterward  she 
effected  her  escape  from  her  master,  and  when  at  a  prudent 
distance,  assumed  the  name  of  the  queen's  sister,  and  for  a 
brief  season  wore  her  borrowed  plumage  with  fine  effect. 

Governor  Martin  proposes  reforms 

Governor  Martin,  in  considering  the  situation  of  affairs 
in  the  province,  became  greatly  impressed  with  the  desir- 
ability of  the  Crown's  purchasing  Earl  Granville's  territory, 
which  was  then  offered  for  sale  at  a  price  between  £60,000 
and  £80,000  sterling.  The  quit  rents  in  1766  exceeded  £6,000  Quit  renls 
proclamation  money.  After  that  time  the  land  office  was 
closed,  but  so  many  settlers  had  seated  themselves  without 
grants  in  that  domain  that  in  1772  it  was  estimated  the  rents 
would  yield  half  as  much  more,  and  could  titles  be  obtained 
it  was  thought  that  very  shortly  the  rents  would  amount  to 
£12,000.  Such  had  been  the  great  progress  of  settlement.  But 
as  no  quit  rents  had  been  paid  for  five  or  six  years,  and  the 
accumulation  of  indebtedness  was  heavy,  the  tenants,  even 
those  who  had  no  titles,  were  very  apprehensive  concerning 
the  day  of  payment,  and  there  was  a  great  ferment  among 
them,  ready  to  break  out  with  violence  when  payment  should  c^R-»  ix, 
be  exacted.  For  these  reasons  the  governor  urged  the  pur- 
chase by  the  king,  and  the  Assembly  held  the  same  view,  for 
at  the  next  session  they  solicited  that  the  purchase  should 
be  made. 

The  governor  had  been  instructed  to  request  for  the  The  clerks 
Crown  the  power  of  appointing  the  six  clerks  of  the 
superior  court,  theretofore  vested  in  the  chief  justice,  and  he 
now  urged  that  the  thirty-four  clerks  of  the  counties,  the 
appointment  of  whom  was  vested  in  the  clerk  of  the  pleas, 
Mr.  Strudwick,  should  likewise  be  appointed  by  the  Crown.  ^  R-^hc, 
These  clerkships  yielded  the  incumbents  from  £50  to  £500 
per  year,  and  they  paid  an  annual  rent  running  from  £4  to 
£40  to  Mr.  Strudwick,  who  thus  received  £560  per  annum, 


a66t  267 


402  MARTIN'S  ADMINISTRATION,  1771-75 

w*  a  handsome  income  from  this  sinecure.    Besides,  Mr.  Strud- 

wick  was  also  secretary  of  the  province,  which  yielded  a  fine 

c^r.jix,  income.  Governor  Martin  dwelt  on  the  evils  of  this  system, 
by  which  these  clerkships  were  bestowed  on  the  best  bidders, 
not  persons  chosen  for  loyalty,  integrity  or  ability,  who  were 
led  to  extortion  upon  the  people  to  indemnify  themselves  for 
that  part  of  the  profits  which  they  had  to  pay  for  the  appoint- 
ment. With  adroitness  they  managed  the  magistrates,  who 
became  confederated  with  them,  and  thus  arose  oppression 
and  shameless  conduct  among  those  who  ought  to  have  been 
ministers  of  justice.  In  addition,  he  called  attention  to  the 
facility  with  which  the  clerks  found  their  way  into  the 
Assembly,  and,  being  independent  of  the  administration, 
opposed  and  embarrassed  designs  for  the  public  good.  He 
therefore  urged  most  strongly  an  improvement  in  the  polity 
of  the  province  by  the  changes  he  recommended. 

The  governor  at  the  west 

Following  the  example  of  Governor  Tryon,  Governor 
Martin  proposed  to  pass  the  summer  at  Hillsboro.  De- 
parting from  New  Bern  on  June  21st,  with  twenty  persons 
accompanying  him,  forming  quite  a  cavalcade,  he  was  more 
than  ten  days  in  making  the  journey,  and  when  he 
approached  Wake  Court  House  was  met  by  a  number  of 
gentlemen,  who  rode  out  from  Hillsboro  to  escort  him  to 
his  residence.  That  summer  proved  so  dry  and  the  drought 
was  so  prevalent  that  there  was  a  notable  failure  of  crops, 
not  only  in  western  North  Carolina,  but  in  South  Carolina, 
as  well  as  to  the  northward ;  and  the  demand  for  breadstuffs 
elsewhere  was  so  great  that  it  became  necessary  for  the  gov- 
ernor by  proclamation  to  forbid  the  removal  of  any  grain 
from  the  province. 

At  Hillsboro,  the  governor  was  waited  on  by  many  of 
the  Regulators,  and  then  for  the  first  time  he  comprehended 
that  the  outlawed  chiefs  were  so  only  by  virtue  of  the 
riot  act,  which  had  then  expired — and  that,  besides,  it  had 
not  been  ascertained  by  law  that  the  proclamations  had  been 
published  in  conformity  with  the  act,  and  therefore  it  was 
uncertain  whether  they  were  outlaws  or  not.     He  made  a 


STATUS  OF  THE  REGULATORS  403 

tour  to  Salisbury  and  the  Moravian  settlement,  and  when  in  w 

Guilford  County  had  a  conference  with  large  numbers  of 
the  Regulators,  among  them  James  Hunter.    They  all  ex-  c.  rmix, 
pressed  contrition,  and  the  governor  came  to  entertain  very        . 
different  views  concerning  the  regulation  movement.     He  views 
extended  his  journey  to  the  eastward  as  far  as  Halifax, 
remarking  the  great  superiority  of  the  inhabitants  of  Gran- 
ville and  Bute  in  wealth  and  refinement  over  those  to  the 
westward.     In  the  course  of  his  journey  he  reviewed  the 
militia  of  Orange,  Guilford,  and  Chatham,  bringing  together  c.r.,  ix, 
the  people  that  he  might  reprehend  them   for  their  past 
offences  and  exhort  them  to  good  behavior. 

He  submitted  legal  questions  concerning  the  Regulators 
to  the  judges  and  attorney-general,  with  a  view  of  ascertain- 
ing their  status.    In  the  opinion  of  the  judges,  the  riot  act 
having  expired,  the  people  who  had  participated  in  former 
disturbances  were  liable  only  under  the  previous  law.    Antici- 
pating that  there  would  be  a  general  act  of  pardon  passed  c.  r.,  ix, 
by  the  Assembly,  he  directed  that  the  outlaws  and  others  33* '  *'*' 
should  come  into  court  and  give  their  recognizances,  which 
they  accordingly  did,  and  he  had  the  satisfaction  of  report- 
ing to  the  Earl  of  Hillsborough  that  all  confusion  and  disor- 
der had  passed  away  and  that  peace  and  tranquillity  reigned  £8R"  IX' 
supreme.    He  also  reported  that  the  commotions  were  pro- 
voked by  the  insolence  and  cruel  advantages  taken  by  merce- 
nary, tricky  attorneys,  clerks  and  other  little  officers,  who 
practised  every  sort  of  rapine  and  extortion,  bringing  upon 
themselves  the  just  resentment  of  the  outraged  people ;  and 
that  they,  by  artful  misrepresentations  that  the  vengeance 
which   the   wretched   people  aimed  at   them   was   directed 
against  the  constitution,  begat  a  prejudice  against   them.  c.  r.,  ix, 
which  was  craftily  worked  up  until  the  people  were  driven   33° 
to  acts  of  desperation. 

That  the  governor's  heart  was  softened  toward  those  who 
had  been  associated  as  Regulators  was  apparent,  and  his 
sympathies  were  so  enlisted  that  he  gained  their  good  will, 
and  at  a  later  period  they  were  easily  moulded  to  his  pur- 
poses. 


404  MARTIN'S  ADMINISTRATION,  1771-75 

177a  Letter  from  James  Hunter  to  William  Butler 

"November  6,  1772. 

Morehead'*         "Dear  Friend:    Sorry  I  am  that  I  have  not  the  good  fortune  to 

fcmcr  see  vou-  •   •   •  I  took  this  journey  into  Maryland  with  no  other  view 

sded.,44,45  but  to  see  you,  Harman  and  Howell,  as  I  reckoned  you  were  afraid  to 

come  and  see  me ;  but  have  had  the  bad  fortune  to  see  none  of  you — 

only  Howell,  whom  I  saw  in  Augusta  County,  on  the  head  of  James 

River.    I  expect  you  have  seen  Harman  by  this  time,  as  he  had  gone 

with  his  family  to  the   Red   Stone.     But  I  would    not  have  you 

publish  it. 

"Things  have  taken  a  mighty  turn  in  our  unfortunate  country. 
This  summer  our  new  governor  has  been  up  with  us  and  given 
us  every  satisfaction  we  could  expect  of  him,  and  has  had  our  public 
tax  settled  and  has  found  our  gentry  behind  in  our,  the  public,  tax, 
66.443-9  shillings,  besides  the  parish  and  county  tax ;  and  I  think  our 
officers  hate  him  as  bad  as  we  hated  Tryon,  only  they  don't  speak  so 
free.  He  has  turned  Colonel  McGee  out  of  commission  for  making 
complaint  against  outlawed  men — and  he  has  turned  out  every 
officer  that  any  complaint  has  been  supported  against.  In  short,  I 
Theout-  think  he  has  determinated  to  purge  the  country  of  them.  We  peti- 
tioned him  as  soon  as  he  came,  and  when  he  received  our  petition 
he  came  up  amongst  us  and  sent  for  all  the  outlawed  men  to  meet 
him  at  William  Field's,  told  us  it  was  out  of  his  power  to  pardon  us 
at  that  time  because  he  had  submitted  it  to  the  king,  and  the  king's 
instruction  was  to  leave  it  to  the  governor,  council  and  Assembly 
to  pardon  whom  they  saw  fit.  But  assured  us  he  had  given  strict 
orders  no  man  should  be  hurt  or  meddled  with  on  that  account, 
which  made  us  wish  for  you  all  back  again.  Though  some  are  of 
opinion  Harman  will  not  be  pardoned,  I  am  of  a  different  mind.  The 
country  petitioned  for  you — upward  of  3000  signers;  his  answer 
was  that  he  would  recommend  it  to  the  Assembly,  and  freely  gave 
his  consent  that  nothing  might  be  left  to  keep  up  the  quarrel.  He 
came  to  see  us  the  second  time,  and  advised,  for  fear  of  ill-designing 
fellows,  to  go  to  Hillsboro  and  enter  into  recognizance  till  the 
Assembly  met,  which  eleven  of  us  did.  He  bemoaned  our  case  and 
regretted  that  the  indemnifying  act  had  put  it  out  of  his  power  to 
give  us  full  redress.  Our  enemies,  I  believe,  would  be  glad  to  see 
you  three  pardoned,  for  some  of  them  have  gotten  severely  whipped 
about  your  being  kept  away,  and  I  think  the  country  is  as  much 
master  now  as  ever.  The  outlawed  men  since  they  came  home  are 
very  ill-natured  and  whip  them  wherever  they  find  them,  and  the 
governor  thinks  it  no  wonder  they  do  not  take  the  law  of  them. 
There  is  a  great  deal  of  private  mischief  done.  The  people  want 
you  back,  and  I  think  you  would  be  quite  safe,  though  we  can  be 


HUNTER'S  LETTER  405 

better  assured  when  the  Assembly  breaks  up ;  it  sits  December  10th,  *77» 

when  it  is  allowed  that  an  indemnifying  act  will  pass  on  all  sides.* 
Our  governor  has  got  Fanning  to  forgive  the  pulling  down  of  his  ouhtuwed 
house,  and  he  has  published  it  in  print  advertisements  all  over  the  men 
country.  The  governor  has  published  a  statement  of  the  public 
accounts  at  every  church  and  court-house  in  the  province  for  seven- 
teen years  back,  in  print,  with  the  sheriffs'  names  and  the  sum  they 
have  in  hand  for  each  year,  and  a  great  many  of  their  extortionate 
actions — a  thing  we  never  expected — to  the  great  grief  and  shame  of 
our  gentry.  If  you  should  go  to  that  far  country,  I  wish  you  would 
come  and  see  us  first;  and  let  me  assure  you,  you  need  not  go  on 
that  account.  Morriss  Moore  and  Abner  Nash  have  been  up  to  see 
me,  to  try  to  get  me  in  favor  again,  and  promised  to  do  all  they 
could  for  you,  and  I  think  they  are  more  afraid  than  ever.  I  have 
now  some  good  news  to  tell  you,  which  I  heard  since  I  left  home. 
I  met  John  Husbands  on  his  way  to  Maryland  to  prove  his  father's 
debt,  which  the  governor  told  him,  if  he  would,  in  order  to  prove 
that  Harman  was  in  his  debt,  he  should  have  all  his  losses  made  up, 
and  told  me  that  McCollough  was  come  and  was  in  our  settlement, 
and  was  to  have  a  meeting  at  my  house  the  next  Monday  by  a 
message  from  the  king.  Jeremiah  Fields  and  others  had  been  with 
him  to  know  what  it  was,  but  he  refused  to  tell  them;  he  came  to 
my  house,  only  said  that  he  had  tidings  of  the  gospel  of  peace  to 
preach  to  us  all ;  and  was  much  concerned  that  I  was  not  at  home, 
for  he  had  particular  business  with  me.  I  am  much  troubled,  dear 
brother,  that  I  had  not  the  good  fortune  to  communicate  my  thoughts 
to  you  by  word  of  mouth,  for  I  have  so  much  to  tell  you  that  I  could 
not  write  it  in  two  days.  The  outlawed  all  live  on  their  places 
again,  and,  I  think,  as  free  from  want  as  ever.  I  came  home  in  ten 
months  after  the  battle,  entered  a  piece  of  vacant  land  adjoining  my 
old  place,  and  rented  out  my  old  place.  I  add  no  more,  but  subscribe 
myself  your  loving  friend  and  brother  sufferer. 

"James  Hunter. 
"P.S. — Your  friends  are  all   well  and  desire  to  be  remembered 
to  you." 

John  Harvey  speaker 

A  new  Assembly,  the  members  of  which  had  been  elected  Jan.,  1773 

in  the   spring,   was  prorogued  to  December,  and  then  to 

January  18th  following,  but  the  attendance  being  small,  the 

session  did  not  begin  until  the  25th.     Because  of  Speaker 

Caswell's  action  in  relation  to  the  resolve  forbidding  the  c.  r.,ix, 

447 
*C.  R.,  IX,  877.     Act  of  indemnity  disallowed  by  home  govern- 
ment. 


406  MARTIN'S  ADMINISTRATION,  1771-75 

I™  collection  of  the  one  shilling  tax,  Earl  Hillsborough  had 

directed  Governor  Martin  not  to  assent  to  Caswell's  election 
as  speaker,  should  the  house  again  elect  him.  But  now  John 
Harvey  was  once  more  in  his  seat,  and  at  Caswell's  instance 
he  was  unanimously  chosen  speaker,  Caswell  himself  having 
fixed  his  eye  on  the  southern  treasuryship.  The  session 
opened  with  every  appearance  of  good  will  between  the 
governor  and  the  Assembly,  and  at  once  the  house  addressed 
itself  to  the  passage  of  a  large  number  of  necessary  bills. 
During  the  session  the  robes  for  the  speakers  and  the 
maces  having  arrived,  the  treasurers  were  directed  to  pro- 
vide suitable  robes  for  the  doorkeepers  and  mace  bearers; 
and  there  was  some  disposition  to  have  triennial  assemblies, 
conformably  to  the  law  in  England. 

The  governor  communicated  to  the  Assembly  the  cost  of 
running  the  line  from  the  Catawba  nation  to  the  mountains, 
but  that  body  refused  to  pay  it,  saying  that  the  line  was 
c.  r.,  ix,  very  objectionable ;  that  it  was  run  in  the  interest  of  South 
««.5  3. 57  caroijna>  an(j  ^at  this  province  would  bear  no  part  of  the 
expense.  It  was  declared  that  a  million  acres  of  land  had 
been  taken  from  the  province,  on  which  were  located  many 
settlers ;  that  a  large  part  of  Tryon  County  had  been  thrown 
into  South  Carolina,  and  the  sheriff  of  Tryon  County  had 
to  be  relieved  because  of  the  arrears  of  the  taxes  which  he 
had  not  collected.  Notwithstanding  the  indignant  remon- 
strance of  the  last  house,  the  governor  now  communicated 
that  any  respectful  petition  would  be  considered  by  the 
king,  and  the  house  directed  its  Committee  of  Correspon- 
dence to  require  the  agent  to  urge  another  line  on  the  king's 
attention. 

Act  of  oblivion  defeated 

There  were  echoes  of  the  regulation  movement.  Many 
were  the  applications  for  allowances  because  of  the  expense 
suffered  in  connection  with  Tryon's  march.  Among  those 
allowed  by  the  house  was  the  payment  of  £37  to  William 
433f547Xt  ^ew  *or  ^e  clcstructi°n  °f  m"s  wheat  and  rye  field  by 
Tryon's  horses  and  cattle.  An  act  of  oblivion  being  pro- 
posed, among  those  excepted  from  its  operation  in  the  coun- 
cil were  James  Hunter,  Samuel  Devinny,  and  Ninian  Bell 


WESTERN  EXPANSION 


407 


C  R..  II, 

548,  561 


Hamilton.    In  the  house  these  names  were  omitted  from  the  ; 

excepted  list,  and  the  bill  fell  because  the  council  would  not 
concur  with  the  house  in  granting  pardon  to  Hunter. 

Edmund  Fanning  had  left  the  province  and  returned  to  Fanning 
New  York.  His  attorneys  had  been  directed  to  institute 
suit  against  those  who  had  destroyed  his  house  and  prop- 
erty. But  Governor  Martin,  fearing  that  this  proceeding 
would  revive  animosities  and  produce  some  disturbance, 
prevailed  on  Fanning  to  abandon  his  actions  at  law  and  rely 
on  the  justice  of  the  Assembly.  His  claim  was  for  £1,500. 
The  amount  was  moderate,  but  the  house  refused  to  pay 
it,  saying  that  it  could  not  appropriate  public  funds  for 
private  purposes ;  and  although  some  discontent  might  arise 
from  his  suits,  it  would  be  local,  while  the  inhabitants  of 
the  whole  province  would  object  to  having  the  public  money 
used  that  way. 

This  being  the  session   for  the   election   of  treasurers, 
Montfort  was  re-elected  for  the  northern  district,  but  by   xo54 
means  which  Ashe's   friends  hotly  denounced  as   unjust, 
he  was  defeated  by  Caswell. 


c.  R.,  IX, 


Changes  at  the  west 

The  development  of  the  western  section  led  to  efforts  to 
furnish  the  inhabitants  of  the  interior  needed  facilities  for 
transportation.  At  the  little  village  of  Charlotte,  Queen's  Charlotte 
College  had  been  established,  although  the  act  was  dis- 
allowed because  it  vested  in  the  trustees  the  right  of  appoint- 
ing the  master.  Now  a  bill  was  passed  to  make  it  the 
county  seat  of  Mecklenburg,  but  this,  too,  was  rejected,  as 
it  contained  provisions  relating  to  other  subjects  of  legis- 
lation. But  in  view  of  its  growing  importance,  a  highway 
was  ordered  to  be  built  from  Charlotte  to  Bladen. 

On  the  Cape  Fear,  the  hamlet  of  Cross  Creek  found  a  campbeii- 
rival  in  Campbellton,  less  than  a  mile  distant.  Campbellton  ton 
had  become  the  mart  of  the  northwestern  counties,  and  a 
road  was  directed  to  be  constructed  from  it  to  Dan  River; 
also,  in  the  superior  court  bill,  it  was  proposed  to  discontinue 
the  court  at  Hillsboro  and  attach  Orange  and  Granville  to 
the  Halifax  district,  while  Chatham  and  other  counties  were 
grouped  in  a  new  circuit,  the  court  to  be  held  at  Campbellton. 


408 


MARTIN'S  ADMINISTRATION,  1771-75 


1773 

February 


C.  R.,  IX, 

477 

The  sale  of 
clerkships 


S  R 

xxiii,  87a 


The 

attachment 

clause 


C.  R.,  IX, 

558 


The  bills 
defeated 


C.R.,IX, 
600 


The  court  bill 

The  Assembly,  in  committee  of  the  whole,  directed  that 
a  new  court  bill  be  drawn,  providing  for  both  superior  and 
inferior  courts ;  for  the  retention  by  the  chief  justice  of  the 
power  to  appoint  the  superior  court  clerks ;  and  prohibiting 
the  clerk  of  the  pleas  from  selling  or  disposing  of  any  county 
clerkship  for  any  gratuity  or  reward  whatsoever,  and  mak- 
ing any  clerk  who  should  give  any  .gratuity  or  reward  for 
his  clerkship  incapable  of  holding  the  office. 

The  council  sought  to  amend  this  bill  in  various  par- 
ticulars. While  agreeing  that  there  should  be  no  sale  of  a 
clerkship,  it  proposed  to  allow  the  clerk  of  the  pleas  to 
reserve  a  proportion  of  the  fees  to  himself;  and  especially, 
because  of  the  king's  commands,  it  desired  an  amendment 
that  in  all  cases  of  attachment,  where  the  defendant  resided 
in  Europe,  the  proceedings  should  be  stayed  one  year.  The 
house  refused  to  concur,  and  the  council  finally  passed  the 
bill,  but  with  a  clause  suspending  its  operation  until  it 
should  be  approved  by  the  king.  The  old  court  laws,  how- 
ever, were  about  to  expire,  and  some  immediate  provision 
for  maintaining  a  judicial  system  was  imperatively  neces- 
sary. Under  this  stress,  two  other  bills  were  at  once  intro- 
duced, with  the  view  of  continuing  the  former  laws  in  force 
for  six  months,  and  until  the  next  session  of  the  assembly. 
In  the  council  both  of  these  bills  were  so  amended  as  to 
exempt  from  attachment  the  landed  property  of  persons 
who  were  not  residents  of  the  province,  and  requiring 
twelve  months'  notice  to  the  debtor.  This  was  an  innova- 
tion in  the  law  and  usage  which  had  ever  prevailed  in  the 
province,  and  as  it  would  be  attended  with  great  incon- 
venience, often  resulting  in  the  defeat  of  justice,  the  house 
refused  to  concur.  The  action  of  the  council  was,  however, 
in  conformity  with  the  governor's  instructions,  and  in  the 
contest  much  heat  was  evolved.  Finally  the  council,  con- 
tent with  defeating  the  superior  court  bill,  passed  that 
continuing  the  inferior  courts;  but  the  governor  was  not 
so  complacent,  and  he  refused  his  assent  even  to  that 
measure.  Thus  neither  bill  became  a  law,  while  the  general 
act,  passed  earlier  in  the  session,  could  have  no  operation 
until  the  king  had  given  his  assent.     And  so  it  was  that 


THE  COURT  BILL  FAILS 


409 


the  contingency  had  arrived  upon  which  on  the  adjourn-  ljj2 

ment  of  the  Assembly  the  entire  judicial  system  of  the 
province  was  to  fall.  With  hot  animosity,  the  house,  appeal-  JJ^0",^ 
ing  to  the  judgment  of  mankind,  passed  a  resolution  that  58«  " 
there  should  be  published  in  the  gazettes  copies  of  the  gov- 
ernor's instructions  and  of  the  various  communications 
between  the  two  houses,  so  that  their  conduct  could  be  fully 
understood. 

On  the  day  this  action  was  taken,  March  6th,  the  gov-  March,  1773 
ernor  having  rejected  the   inferior  court  bill  and  sixteen 
others  of  less  importance,   prorogued  the  Assembly  until 
the  9th,  hoping  by  this  act  of  discipline  to  bring  the  members  The 
into  a  frame  of  mind  more  compliant  with  his  wishes.    But  £r^mbly 
the  members  had  equal  resolution,  and,  upon  the  proroga-  c.r.,  ix, 
tion,  most  of  them  returned  to  their  homes;  and  although  ** 
fifteen,   with  the   speaker,  appeared   on  the  9th,  and  the 
governor  and  council  urged  that,  under  the  royal  instruc- 
tion given  twenty  years  earlier,  fifteen  constituted  a  quorum, 
Speaker  Harvey  communicated  to  the  governor  that  the 
members  present   would   not  make  a   house   unless  there 
should  be  a  majority  in  attendance;  and  that  he  not  only 
had  no  expectation  of  the  arrival  of  other  members,  but 
those  then  at  New  Bern  were  preparing  to  depart.     The  c.r.,  ix, 
house  had  refused  to  obey  the  governor.    Nothing  was  left  595 
but  its  immediate  dissolution,  and  writs  were  at  once  issued 
for  the  election  of  new  members,  the  Assembly  to  be  held 
on  May  1st. 

Prerogative  courts 

Without  any  laws  providing  for  courts  or  juries,  or  direct- 
ing how  jurors  should  be  drawn,  with  at  least  the  ordinary 
number  of  criminals  in  jail,  and  a  necessity  existing  to 
enforce  the  criminal  laws  for  the  preservation  of  peace  and 
order,  Governor  Martin  now  bethought  himself  of  his 
authority,  under  the  king's  prerogative,  to  establish  courts  c.r., ix, 
of  oyer  and  terminer,  and  on  March  16th  appointed  Maurice  ^ 
Moore  and  Richard  Caswell  commissioners,  together  with 
the  chief  justice,  to  hold  such  courts.  During  the  summer 
they  were  held  in  several  of  the  counties  under  the  order 
of  the  governor. 


410  MARTIN'S  ADMINISTRATION,  1771-75 

lHl  Governor  Martin  having  the  previous  year  visited  the 

western  counties,  now  spent  some  time  in  the  Albemarle 
section,  and  likewise  in  the  counties  bordering  on  South 
Carolina;  and  in  his  report  of  these  journeys  he  spoke 
favorably  of  the  fertility  of  the  soil  and  the  prosperous 
condition  of  the  people. 

Quincy's  visit 

The  policy  of  the  ministry  and  of  Parliament  in  regard  to 
the  colonies  had  been  a  source  of  continual  irritation, 
especially  with  the  more  commercial  communities  of  the 
north;  and  in  their  plans  for  resistance  the  Massachusetts 
leaders  deemed  it  expedient  to  have  the  united  support  of 
all  the  inhabitants  of  America.  To  this  end,  early  in  1773. 
cr., ix,  Josiah  Quincy  passed  through  North  Carolina,  seeking  to 
establish  a  plan  of  continental  correspondence,  which  the 
Virginia  Assembly  had  recommended.  At  Wilmington  he 
dined  with  about  twenty  persons  at  Mr.  William  Hooper's, 
and  spent  the  night  with  Cornelius  Harnett,  whom  he  char- 
acterized as  "the  Samuel  Adams  of  North  Carolina."  He 
mentioned  in  his  diary :  "Robert  Howe,  Harnett  and  myself 
made  the  social  triumvirate  of  the  evening.  The  plan  of 
continental  correspondence,  highly  relished,  much  wished  for 
and  resolved  upon  as  proper  to  be  pursued."  He  was  sur- 
prised to  find  that  "the  present  state  of  North  Carolina  is 
really  curious;  there  are  but  five  provincial  laws  in  force 
through  the  colony,  and  no  courts  at  all  in  being." 
Sndnolr!cls  Earl  Granville  being  now  desirous  of  having  his  terri- 
opened  torv  care(]  for>  offered  to  make  Governor  Martin  his  agent, 
and  the  governor  submitted  the  matter  to  Earl  Hillsborough 
and  received  permission  to  undertake  that  employment  in 
addition  to  his  other  duties.  Granville's  land  office  had 
been  closed  for  several  years. 

During  the  summer  the  governor  received  instructions 
from  the  king  disallowing  the  court  law  passed  at  the  last 
session,  but  allowing  attachments  in  a  modified  form.  He 
had  determined  not  to  convene  the  Assembly  until  he  had 
received  these  instructions,  and  prorogued  it  from  time  to 
time  until  the  last  of  November,  when  the  new  house  met, 
again  electing  Harvey  as  speaker. 


COMMITTEES  OF  CORRESPONDENCE  41 1 

Colonial  affairs  *jn 

Immediately  on  its  assembling,  Speaker  Harvey  laid  £7f7;'x' 
before  the  house  resolutions  received  from  other  colonies,  Nov.,  1773 
and  a  committee,  composed  of  Johnston,  Howe,  and  Har- 
nett, was  appointed  to  prepare  appropriate  answers.  Among 
these  resolutions  were  those  of  the  Virginia  Assembly  of 
March  12th  proposing  a  Committee  of  Correspondence,  in  c  r.ix, 
which  the  house  concurred,  and  it  appointed  eight  members 
as  a  standing  Committee  of  Correspondence,  with  directions 
to  obtain  the  most  early  and  authentic  intelligence  of  the 
ministry's  plans  that  related  to  the  colonies;  and,  partic- 
ularly were  they  required  to  report  on  a  court  of  inquiry 
lately  held  in  Rhode  Island,  with  powers  to  transmit  persons 
accused  of  offences  to  places  beyond  seas  for  trial.  This 
action — the  appointment  of  committees  of  correspondence — 
was  the  first  step  in  the  path  that  led  to  the  union  of  the 
colonies.  It  was  significant  of  a  purpose  of  co-operation, 
and  as  time  passed  and  event  followed  event,  the  bands  of 
union  were  forged  and  the  colonies  became  welded  together 
in  an  indissoluble  confederacy. 

The  house  informed  Governor  Martin  that  in  its  opinion  ^*^ative 
he  could  not  erect  courts  of  oyer  and  terminer  without  the  overthrown 
concurrence  of  the  legislature,  and  that  it  would  make  no 
provision  for  defraying  the  expenses  of  the  courts  he  had 
instituted.     Samuel  Johnston  was  the  leading  spirit  in  the  £rR- x* 
Assembly.     He  was  pronounced  against  courts  of  prerog- 
ative and  the  house  was  unanimous  in  its  action.     Neces- 
sarily the  system  fell  and  the  courts  ceased.    New  bills  were 
brought  in  for  the  establishment  of  courts,  and  for  pardon 
and  oblivion  for  the  Regulators,  and  to  discontinue  the  poll 
tax  of  one  shilling.    The  council,  however,  objected  to  the 
first,  insisting  that  it  should  be  drawn  conformably  to  the 
king's  instructions,  to  which  the  house  would  not  agree ;  nor 
did  it  act  on  the  other  measures. 

The  act  of  oblivion  again  fails 

On  December  21st  the  governor  sent  a  verbal  message 
requiring  the  immediate  attendance  of  the  house  at  his  palace. 
Before  complying,  the  house  hastily  passed  a  resolution 
appointing  a  committee,  composed  of  the  speaker  and  seven 


412 


MARTIN'S  ADMINISTRATION,  1771-75 


1774 

The  aid  of 

Tryon 

asked 

C.  R.,  IX, 

787 


C.  R.,  IX, 


No  courts 
in  the 
province 
C.  R.,  IX, 
831 
March,  1774 


C.  R., 

930 


IX, 


S   R  , 
XXIII,  931 


Temporary 
court  law 


other  members,  to  prepare  an  address  to  the  king  on  the 
subject  of  the  court  law,  particularly  relative  to  attachments, 
and  to  address  Governor  Tryon  requesting  him  to  convey 
the  same  to  his  Majesty,  and  "support  our  earnest  solicita- 
tions with  his  interest  and  influence,  and  that  he  will  accept 
of  this  important  trust  as  testimony  of  the  great  affection 
this  colony  bears  him,  and  the  entire  confidence  they  repose 
in  him."  Governor  Martin  having  found  the  temper  of  the 
Assembly  so  firm  in  its  opposition  to  his  measures,  prorogued 
it  until  March  ist,  and  the  session  closed  without  the  passage 
of  a  single  act. 

When  the  governor  learned  of  the  address  to  Governor 
Tryon,  of  New  York,  his  mortification  was  unbounded,  his 
pride  having  received  a  severe  blow,  which  he  considered 
extremely  undeserved ;  but  he  suppressed  his  anger  and  still 
pursued  a  persuasive  policy. 

The  governor's  prerogative  courts  having  suddenly  fallen, 
there  were  in  March,  when  the  Assembly  met  again, 
neither  criminal  nor  civil  courts  in  existence.  The  governor 
made  another  earnest  appeal  for  conciliation,  and  it  was  pro- 
posed as  a  temporary  measure  of  relief  that  there  should  be 
three  acts  passed,  one  establishing  courts  of  justice,  one 
relating  to  foreign  attachments,  and  one  relating  to  the  fee 
bill  of  1748.  On  these  measures,  for  the  first  time,  the  yeas 
and  nays  were  entered  on  the  house  journals.  The  house 
refused  to  assent  by  large  majorities,  all  the  leading  mem- 
bers voting  in  the  negative. 

The  house  having  again  passed  a  court  bill,  which  the 
governor  felt  it  his  duty  to  reject,  temporary  acts  were 
passed  to  establish  courts  of  oyer  and  terminer  and  inferior 
courts,  to  last  for  one  year,  and  then  until  the  next  session 
of  the  Assembly,  to  which  he  gave  a  reluctant  assent.  The 
friction  between  the  Assembly  and  the  governor  was  indeed 
pronounced,  for  the  assemblymen  were  immovable,  and  not- 
withstanding Governor  Martin  was  conciliatory  to  the  last 
degree,  yet  he  was  bound  by  his  positive  instructions  and 
could  not  meet  the  views  of  the  popular  leaders.  On 
March  24th  he  prorogued  the  body  until  May  25th.  But 
before  its  adjournment  the  house  again  resolved  that  the 
one  shilling  tax  should  not  be  collected.     This  was  more 


TEMPORARY  COURTS  413 

than  the  spirit  of  the  governor  could  brook,  and  now  giving  w 

rein  to  his  wrath  and  indignation,  he  immediately  issued  his  c.  rm  ix, 
proclamation  dissolving  the  Assembly  with  marks  of  his 
censure  and  disapprobation.    The  original  act  having  been  The 
passed  by  the  three  several  constituents  composing  the  legis-  d£o™e/ 
lative  body,  the  governor  held  that  the  house  "had  assumed 
the  dangerous  power  of  dispensing  with  the  positive  laws  of 
the  country,  and  that  it  was  a  political  enormity  to  abrogate 
a  solemn  and  important  law  by  its  single  veto."    The  session,  Court*  of 
however,  was  not  without  avail,  for  provision  was  made  for  twiner 
establishing  inferior  courts  and  criminal  courts ;  of  the  latter, 
Alexander  Martin  and  Francis  Nash  were  the  judges  of  the 
Salisbury  and  Hillsboro  districts,  respectively.    So  much  at 
least  had  been  accomplished. 

But  this  very  important  act  was  defective.     It  was  cer-  ^  R» 
tainly  badly  drawn.     Governor  Martin  assented  to  it  with  ,94$ 

great  reluctance,  and  always  spoke  of  it  contemptuously. 
Under  his  instructions  he  could  not  assent  to  such  a  general  ££•« IX* 
court  law  as  the  Assembly  insisted  on,  but  because  of  the 
deplorable  situation,  in  the  absence  of  any  courts  of  criminal 
jurisdiction,  he  gave  his  assent  to  this  temporary  act,  which 
had  been  hastily  passed  by  the  Assembly.  It  authorized  the 
governor  to  commission  the  chief  justice  to  hold  courts  of 
oyer  and  terminer  and  general  jail  delivery,  and  to  appoint 
two  other  persons  resident  in  each  district  to  hold  the  courts 
of  their  districts  in  the  absence  of  the  chief  justice,  but  by 
inadvertence  the  powers  conferred  on  these  judges  were  not 
those  probably  intended,  the  draftsmen  being  unskilled. 
Chief  Justice  Howard  left  North  Carolina  for  the  summer, 
and  James  Hasell  was  appointed  chief  justice  in  his  stead. 
The  summer  terms  were  to  be  held  in  June  and  July  and  the 
winter  terms  in  December  and  January.  When  the  court  J{j£5,  the 
convened  at  Wilmington,  at  the  close  of  July,  Maurice  Moore  c°uru, 

.  July.  1774 

raised  objections  because  of  the  defects  in  the  act  and  in  the 
commission  of  the  judge.  Moore  had  been  on  the  bench  in 
Governor  Tryon's  time,  and  had  been  appointed  by  Gov- 
ernor Martin  one  of  the  judges  of  his  prerogative  courts, 
which  the  Assembly  had  repudiated  as  being  illegal  and 
unconstitutional.  The  destruction  by  the  Assembly  of  the 
court  of  which  he  was  a  judge  on  the  score  of  illegality  and 


4H  MARTIN'S  ADMINISTRATION,  1771-75 

xjn  unconstitutionality   seems   to   have    inflamed   the    deposed 

McR«*'«       jurist,  who  had  held  his  honors  by  the  appointment  of  the 

»ox     *  '      governor,  and  now  with  zest  he  made  his  legal  exceptions 

to  the  constitution  of  the  Assembly's  court,  "very  indecently 

reflecting  upon  the  legislature,  happy  in  the  weakness  of 

the  judge/'    Because  of  his  strictures,  the  court  adjourned. 

c.  r.,  x,  1        Nevertheless,  these  courts  continued  to  be  held,  at  least  in 

some  if  not  all  the  districts,  until  the  summer  of  1775. 

Harvey  urges  a  convention 

The  condition  of  the  province,  although  in  the  absence  of 
courts  there  were  fewer  disorders  than  might  have  been 
anticipated,  was,  in  1774,  a  fruitful  source  of  grave  alarm 
to  thoughtful  citizens.  Something,  they  said,  must  be  done 
to  save  the  country  from  anarchy.  Biggleston,  the  gov- 
ernor's secretary,  mentioned  to  Speaker  Harvey  that  the 
governor  did  not  intend  to  convene  another  Assembly  until 
he  saw  some  chance  of  a  better  one  than  the  last.  Promptly 
Harvey  replied  that  the  people  then  would  convene  one  them- 

Aprii,  1774  selves.  On  the  night  of  April  4,  1774,  a  week  after  the 
dissolution  of  the  Assembly,  Harvey  and  Johnston  passed 
the%night  with  Colonel  Buncombe,  and  Harvey  was  "in  a 
very  violent  mood,  and  declared  he  was  for  assembling  a 
convention  independent  of  the  governor,  and  urged  upon  us 

968*""  m~'  to  co-operate  with  him."  He  declared  that  he  would  lead 
the  way  and  "issue  hand-bills  under  his  own  name,  and  that 
the  Committee  of  Correspondence  ought  to  go  to  work  at 
once."  Such  a  proceeding  was  not  unknown.  It  had  been 
resorted  to  once,  years  before,  in  Massachusetts,  but  now  it 
was  a  revolutionary  movement  and  was  a  bold  departure. 
Harvey  had  already  spoken  of  it  to  Willie  Jones,  who  prom- 
ised to  exert  himself  in  its  favor,  and  now  Johnston  wrote  to 
Hooper  on  the  subject,  and  asked  him  to  speak  to  Harnett 
and  Ashe  and  other  leaders  on  the  Cape  Fear. 

Continental  affairs 

But  not  only  were  the  affairs  of  the  province  then  acute, 
continental  matters  also  were  agitating  the  people.  The 
agreement  of  the  colonies  not  to  give  their  assent  to  any 
law  taxing  America  had  led  to  the  disuse  of  taxed  tea, 
large  quantities  of  which  lay  stored  in  the  English  ware- 


c.  R.,  IX, 


THE  TAX  ON  TEA  4*5 

houses  of  the  East  India  Company.     To  counteract  this,  %ji* 

Parliament  allowed  the  export  of  teas  from  England  with- 
out the  former  export  duty,  so  that  the  teas,  even  after 
paying  the  American  tax,  could  be  sold  at  a  cheaper  price. 
With  the  hope  of  speedy  sales,  the  East  India  Company  ^rtcd 
shipped  cargoes  to  New  York,  Philadelphia,  Charleston  and 
Boston.    Those  for  the  two  former  ports  were  returned  to 
London.    At  Charleston  the  tea  was  unloaded,  but  stowed 
away  in  cellars  unsold.     At  Boston,  where  a  considerable 
illicit  trade  in  tea  was  carried  on  by  Hancock  and  other 
merchants,  which  they  did  not  wish  interfered  with,  the  gov- 
ernment insisted  that  the  tea  should  be  landed  and  sold.    To  December 
prevent   this,   a  number   of  the   inhabitants,   disguised   as 
Indians,  on  the  night  of  December  18th  boarded  the  ships,  J^lBoaton 
broke  open  the  chests  and  emptied  the  tea  into  the  harbor.  Tea  Party 
Information  of  this  proceeding  caused  great  excitement  in 
England.    American  affairs  engrossed  the  attention  of  Par- 
liament.    Four  acts  were  passed.     By  the  first  the  port  of 
Boston  was  closed,  to  take  effect  on  June  4th,  the  custom 
house  being  transferred  to  Salem.    By  the  second  the  charter  England1 
of  Massachusetts  was  abrogated  and  town  meetings,  except 
for  elections,  declared  unlawful.     By  the  third  all  officers   Boston 
of  the  Crown,  in  case  of  indictment,  were  to  be  sent  to  Eng-  June  i,  1774 
land  for  trial.     The   fourth   related  to  the  quartering  of  c.r.,ix, 
soldiers  on  the  colonies.     While  these  measures,  aimed  di- 
rectly at  the  old  colonies,  excited  indignation,  a  fifth,  respect- 
ing   the    government    of    the    new    province    of    Quebec, 
occasioned  even  greater  apprehension.     In  that,  every  limi-  Quebec 
tation  of  the  constitution  was  disregarded.     The  legislative  Acl 
power  was  vested  in   a  council  appointed  by  the  Crown. 
Roman  Catholicism   was  established  as  the  state  religion. 
Roman  Catholics  were  eligible  to  office.     There  was  to  be 
no  writ  of  habeas  corpus.     The  French  civil  law,  without 
jury  trials,  was  ordained ;  and  the  bounds  of  the  province 
were  extended  south  to  the  Ohio  and  west  to  the  Mississippi, 
hedging  in  the  northern  colonies.    If  charters  could  be  abro- 
gated, government  by  general  assemblies  abolished,  Protes- 
tantism supplanted  by  Catholicism  and  the  writ  of  habeas 
corpus   ignored,   America   owed    her   liberties   only   to   the 
sufferance  of  her  masters. 


4i6  MARTIN'S  ADMINISTRATION,  1771-75 

*ju  Under  the  changing  condition  there  was  to  be  a  conflict 

between  the  colonies  and  the  mother  country  was  apparent, 
and  in  view  of  it  the  king  regarded  with  apprehension  the 
wonderful  growth  of  the  colonies,  and  sought  to  check  the 
removal  of  his  subjects  from  Great  Britain  to  his  American 
dominions.  Thus,  in  1772,  after  James  McDonald  and  his 
associates  of  the  Isle  of  Skye,  proposing  to  settle  in  North 
Carolina,  had  petitioned  for  an  allotment  of  forty  thousand 
jt^  M  acres  of  land,  the  request  was  refused  on  the  ground  that  too 

many  British  subjects  were  removing  to  the  colonies.    Mc- 
Donald was  the  head  of  that  large  and  influential  connection 
of  which  Flora  McDonald  was  a  member — that  admirable 
woman  whose  picturesque  career  has  given  her  a  unique  dis- 
tinction among  her  sex.     Notwithstanding  this  refusal,  the 
Arrival  of      McDonalds  did  not  relinquish  their  purpose  but  continued 
Highlanders  tnejr  preparations  to  join  the  stream  of  Scotchmen  who  were 
c.R.,  ix,     migrating  to  the  Cape  Fear.     In  the  spring  of  1774  three 
1030  hundred  families  came  from  the  Highlands;  and  although 

the  king  in  February  of  that  year  gave  instructions  which 
virtually  closed  his  land  offices  and  withdrew  his  land  from 
entry,  yet  in  the  following  winter  some  eight  hundred  other 
Scotchmen  disembarked  at  Wilmington.  Among  them  were 
the  McDonalds.  Flora  and  her  husband,  Allan,  after  a  brief 
sojourn  at  Cross  Creek,  resided  temporarily  at  Cameron 
Hill,  near  Barbecue  Church,  some  twenty  miles  to  the  north- 
ward of  Campbellton,  and  then  located  in  Anson  County.* 

♦At  Wilmington  the  inhabitants  gave  Flora  McDonald  a  public 
reception  and  ball ;  she  was  received  at  Cross  Creek  with  great 
demonstration,  martial  music  and  the  strains  of  the  pibroch. 


CHAPTER  XXV 

Martin's  Administration,  1771-75 — Continued. 

Organized  resistance. — The  Committee  of  Correspondence. — Will- 
iam Hooper. — The  Wilmington  meeting. — The  cause  of  Boston 
the  cause  of  all. — Parker  Quince. — The  first  convention. — The 
counties  organize. — Governor  Martin's  proclamation. — The  conven- 
tion held. — The  resolution. — Non-importations. — Tea  not  to  be  used. 
— The  revolutionary  government. — Committees  of  Safety. — In- 
structions to  delegates. — Governor  Martin's  attitude. — Goes  to 
New  York. — The  Continental  Congress. — The  revolution  pro- 
gresses.— Cornelius  Harnett. — The  Edenton  tea  party. — Governor 
Martin  returns. — The  Transylvania  colony. — The  second  convention 
called. — Proceedings  on  the  Cape  Fear. — John  Ashe. — Robert  Howe. 
— The  Regulators  disaffected. — The  Highlanders. — Enrolled  Loyal- 
ists.— The  Assembly  and  the  Convention. — John  Harvey  presides. — 
The  American  Association  signed. — The  governor's  address. — The 
house  replies  resolutely. — The  Assembly  dissolved. — The  last  appear- 
ance of  Harvey. — North  Carolina  at  court. — Thomas  Barker. — 
Governor  Tryon. — North  Carolina  favored. — The  battle  of  Lexing- 
ton.— Martial  spirit  aroused. — The  governor  questioned  by  Nash. 
— He  is  alarmed. — The  negro  insurrection. — He  seeks  refuge  at 
Fort  Johnston. 

Organized  resistance  U*t 

To  the  dissatisfied  colonists  was  imputed  by  the  advisers 
of  the  king,  from  the  very  beginning  of  the  controversy,  a 
purpose  to  sever  their  connection  with  the  mother  country; 
but  while  that  idea  doubtless  occurred  to  the  minds  of  philo- 
sophic students  as  a  remote  possibility,  it  was  not  at  all  enter- 
tained by  the  people  at  large,  who,  born  British  subjects, 
had  neither  inclination  nor  purpose  to  change  that  relation. 
Among  those  who  were  casting  their  eye  to  the  future  was  c.  rm  ix, 
William  Hooper.  Writing  April  26,  1774,  to  James  Iredell, 
he  said :  "The  colonies  are  striding  fast  to  independence,  and 
ere  long  will  build  an  empire  upon  the  ruins  of  Great  Brit- 
ain," but  vet  he  was  not  agitating  for  a  separation  at  that 
time. 

The  plan  proposed  by  Harvey  for  the  people  to  convene 
an  assembly  did  not  at  once  materialize ;  but  when  the  port 


985 


4i8 


MARTIN'S  ADMINISTRATION,  1771-75 


S.  R.,  XI, 

•45*  »46 


June 


The  cause  of 
Boston  the 
cause  of  all 


of  Boston  was  closed,  in  North  Carolina  as  in  every  other 
part  of  America,  there  was  a  storm  of  indignation ;  and  the 
proposition  was  revived. 

On  June  9th  the  Committee  of  Correspondence  received 
sundry  letters  and  papers  from  the  northern  colonies  respect- 
ing the  oppressive  proceedings  against  Boston.  These,  the 
next  day,  they  sent  forward  to  the  committee  of  South 
Carolina,  saying  that  they  could  only  express  their  indi- 
vidual sentiments,  but  believed  that  the  inhabitants  of  the 
whole  province  concurred  with  them ;  that  they  thought  that 
the  province  ought  to  consider  the  cause  of  Boston  as  the 
cause  of  America ;  that  they  should  concur  and  co-operate  in 
measures  agreed  on  by  their  sister  colonies;  that  it  was 
expedient  that  deputies  should  be  appointed  to  adopt 
measures ;  and  that  if  assemblies  could  not  meet,  they  should 
pursue  the  laudable  example  of  the  house  of  burgesses  in 
Virginia — meet  and  form  associations  and  put  a  stop  to  all 
commercial  intercourse  with  Great  Britain. 

Some  ten  days  later,  on  June  21st,  the  committee  replied  to 
the  communication  from  Virginia,  expressing  the  same  senti- 
ments as  in  their  letter  to  South  Carolina.  Agreeing  to  the 
call  of  a  general  congress,  they  said :  "As  this  cannot  be 
effected  but  by  a  convention  of  the  representatives  of  the 
several  provinces,  we  think  that  the  conduct  pursued  by  the 
late  representatives  of  Virginia  is  worthy  of  imitation  when 
the  governors  shall  decline  to  convene  the  people  in  their 
legislative  capacity.  .  .  .  Should  not  our  Assembly  meet 
on  July  26th,  to  which  time  it  now  stands  prorogued,  we  shall 
endeavor  in  some  other  manner  to  collect  the  representatives 
of  the  people."  These  communications  were  signed  by  John 
Harvey,  Edward  Vail,  Robert  Howe,  John  Ashe,  Joseph 
Hewes,  Sam  Johnston,  Cornelius  Harnett  and  William 
Hooper. 

Hooper  was  especially  concerned  for  the  distresses  of  his 
kinspeople  and  friends,  among  whom  he  had  been  reared  at 
Boston,  and  doubtless  was  a  moving  spirit  in  subsequent 
proceedings;  but  the  general  sentiment  that  the  time  had 
come  for  action  was  shared  by  Harvey  and  the  other  mem- 
bers of  the  Committee  of  Correspondence,  and  doubtless  by 
the  inhabitants  generally. 


Movement 
for  a 
convention 


THE  FIRST  PROVINCIAL  CONVENTION       .    419 

Governor  Martin,  having  on  March  30th  dissolved  the  zJJa 

Assembly,  the  next  day  issued  writs  for  an  election  of 
new  members,  but  informed  the  Earl  of  Dartmouth  that  he 
did  not  propose  another  meeting  of  the  Assembly  until  the 
fall.  And  so  the  contingency  arose  requiring  action  by  the 
people  in  their  own  behalf.  On  July  21st  the  inhabitants  of  £J-»IX» 
the  district  of  Wilmington  held  a  general  meeting,  at  which 
William  Hooper  presided  as  chairman,  the  purpose  being  to 
prepare  the  way  for  a  convention  of  the  people.*  At  that 
meeting  a  resolution  was  adopted  appointing  eight  gentle- 
men of  the  Cape  Fear  to  prepare  a  circular  letter  to  the 
counties  of  the  province,  urging  that  deputies  should  be  sent  *nvention 
to  attend  a  general  convention  at  Johnston  Court  House  on  call«d 
August  20th  to  adopt  measures  that  would  avert  the  miseries 
threatening  the  colonies ;  and  a  resolution  was  adopted  ex- 
pressing concurrence  in  holding  a  continental  congress  on 
September  20th.  The  voice  of  the  meeting  was  "that  we 
consider  the  cause  of  the  town  of  Boston  the  common  cause 
of  British  America." 

Already  the  distresses  of  the  indigent  inhabitants  of  the 
closed  port,  whose  business  and  industries  were  arrested  and 
whose  workmen  were  without  employment,  had  appealed  to 
the  sympathies  of  the  people  of  the  Cape  Fear,  and  liberal  Contribu- 
contributions  of  money  and  provisions  had  been  made,  the  B«rt<J?nt  * 
ladies  equally  with  the  men  manifesting  their  sympathy  by 
generous  donations.  Parker  Quince,  a  patriotic  merchant, 
tendered  his  vessel  to  transport  these  contributions,  himself 
going  to  deliver  them.  And  now  the  meeting  suggested  that 
other  communities  should  make  a  similar  demonstration  of 
their  sympathetic  and  patriotic  interest. 

At  once  North  Carolina  resounded  again  with  the  cry 
of  "Liberty  and  Property."  Meetings  were  held  in  various 
communities  and  provisions,  contributed  alike  on  the  sea- 
board and  in  the  interior,  were  sent  to  Boston  by  Edenton, 
Wilmington  and  New  Bern  ;  and  the  counties  responded  with 
ardor  to  the  circular  letter  of  the  Wilmington  committee. 
The  meeting  was  finally  fixed  to  be  at  New  Bern  on 
August  25th.     Every  county  except  Edgecombe,  Guilford, 

♦Governor  Swain,  in  Applcton's  Cyclopedia,  attributed  this  move- 
ment largely  to  John  Ashe. 


420  MARTIN'S  ADMINISTRATION,  1771-75 

'_74  Hertford,  Surry,  and  Wake  was  represented  by  deputies 

selected  at  meetings  of  freeholders,  the  members  of  the 
Assembly  being  for  the  most  part  chosen  as  representatives 
in  the  convention.  At  these  county  meetings  patriotic  reso- 
lutions were  adopted  and  committees  of  correspondence 
were  appointed,  which  became  the  first  nucleus  of  the  power 
and  authority  of  the  respective  communities  in  the  manage- 
ment of  local  affairs  in  antagonism  with  the  established 
government. 

The  voice*        The  discussions  by  James  Iredell,  Judge  Moore  and  others, 

counties  in  the  public  prints  and  elsewhere,  of  the  constitutionality  of 
the  courts  by  prerogative,  which  had  been  repudiated  by 
the  Assembly  that  spring,  had  brought  forward  anew  the 
basic  principles  of  the  constitution,  which  now  found  ex- 
pression in  the  declarations  of  the  counties.  The  people  of 
Pitt  resolved  "that  as  the  constitutional  assembly  of  this 
colony  are  prevented  from  exercising  their  rights  of  pro- 
viding for  the  security  of  the  liberties  of  the  people,  that 
right  again  reverts  to  the  people  as  the  foundation  from 
whence  all  power  and  legislation  flow."  A  clearer  declara- 
tion of  the  sovereignty  of  the  people  and  the  sanction  of 
government  had  not  theretofore  been  made.  Echoes  of  the 
same  fundamental  principles  are  to  be  found  in  most  of  the 
proceedings,  and  generally  it  was  declared  "that  it  is  the 

c.r.,  ix,      first  law  of  legislation  and  of  the  British  constitution  that  no 

1030  man  be  taxed  but  by  his  own  consent,  expressed  by  himself 

or  by  his  legal  representatives." 

The  resolves  of  Rowan  contained  a  further  sentiment: 

£*••  IX»  "That  the  African  trade  is  injurious  to  this  colony,  obstructs 
the  population  of  it  by  freemen,  prevents  manufacturers  and 
other  useful  emigrants  from  Europe  from  settling  among  us 
and  occasions  an  annual  increase  of  the  balance  of  trade 
against  the  colonists;"  and  "that  to  be  clothed  in  manu- 
factures fabricated  in  the  colonies  ought  to  be  considered 
as  a  badge  and  distinction  of  respect  and  true  patriotism." 

The  freeholders  of  Granville  resolved :  "That  those  abso- 
lute rights  we  are  entitled  to  as  men,  by  the  immutable  laws 
of  nature,  are  antecedent  to  all  social  and  relative  duties 

1034'*  '  whatsoever;"  and  "that  by  the  civil  contract  subsisting  be- 
tween our  king  and  his  people,  allegiance  is  the  right  of 


THE  PROVINCIAL  CONVENTION  MEETS  421 

the  first  magistrate  and  protection  the  right  of  the  people ;  *™ 

that  a  violation  of  this  compact  would  rescind  the  civil  insti- 
tution binding  both  king  and  people  together."  The  very 
frame  and  foundation  of  civil  government  had  been  exam- 
ined and  was  then  declared.  The  common  sentiment  found 
expression  in  the  Granville  resolutions :  "Blessed  with  free- 
dom, we  will  cheerfully  knee  the  throne  erected  by  our 
fathers,  and  kiss  the  sceptre  they  taught  us  to  reverence,"  yet 
"as  freemen  we  can  be  bound  by  no  law  but  such  as  we  assent 
to,  either  by  ourselves  or  our  representatives.  That  we  de- 
rive a  right  from  our  charters  to  enact  laws  for  the  regulation 
of  our  internal  policy  of  government,  which  reason  and 
justice  confirm  to  us,  as  we  must  know  what  civil  institutions 
are  best  suited  to  our  state  and  circumstances." 

The  springs  of  patriotism  were  yielding  now  the  first 
streams  that,  uniting  and  swelling,  in  the  course  of  time 
became  the  mighty  current  that  swept  America  into  the 
stormy  seas  of  revolution. 

On  August  1 2th  Governor  Martin,  greatly  concerned  at  c.  r.,ix, 
the  proposed  revolutionary  congress,  convened  his  council 
and  issued  his  proclamation  enjoining  all  of  his  Majesty's 
subjects  from  attending  any  illegal  meetings,  and  command- 
ing every  officer  in  the  province  to  aid  and  assist  in  dis- 
couraging and  preventing  them ;  and  especially  in  prevent- 
ing the  proposed  meeting  of  deputies  at  New  Bern.  But 
nevertheless  the  convention  was  held,  and  the  governor  had  c  *••  IX» 
the  mortification  of  observing  that  all  the  members  of  his 
council  except  James  Hasell  freely  mixed  with  the  members, 
giving  them  aid  and  countenance,  and  apparently  being  in 
full  sympathy  with  them. 

At  the  meeting  of  August  25th*  John  Harvey  was  chosen  Aug. 35,1774 
moderator.  Hewes,  one  of  the  standing  Committee  of  Cor- 
respondence appointed  by  the  last  Assembly,  presented  let- 
ters received  by  that  committee  from  the  other  colonies,  and 
it  was  thereupon  resolved  to  appoint  three  delegates  to  attend 
the  general  congress  to  be  held  at  Philadelphia.  There  was 
much  rivalry  among  some  of  the  members  to  secure  these 
appointments.  William  Hooper,  who  was  one  of  the  leading  c.r.,  ix, 
members  and  to  whose  pen  the  resolutions  adopted  by  the   *   3 

*A  similar  convention  was  held  by  Virginia  on  August  1st. 


422 


MARTIN'S  ADMINISTRATION,  1771-75 


1774 


The  dele- 
gates to  the 
Continental 
Congress 


C.R.,  IX, 
1061 


C.  R.,  IX, 

1350 


The 

intolerable 

acts 


convention  are  attributed,  was  the  first  selected,  and  with 
him  were  Joseph  Hewes  and  Richard  Caswell. 

Perhaps  remembering  how  Parliament  had  yielded  to  the 
demands  of  the  colonists  and  their  friends  in  Great  Britain 
eight  years  earlier,  the  provincial  leaders  may  have  con- 
ceived that  now  similar  influences  would  again  prevail,  and 
that  the  mission  of  deputy  to  the  general  congress  would  be 
only  a  temporary  employment.  Thus  it  may  be  that  for 
personal  reasons  this  honorable  post  was  particularly  sought 
by  those  selected — Hooper,  deeply  interested  on  behalf  of  his 
Boston  kindred ;  Hewes,  largely  concerned  in  his  mercantile 
firm  at  Philadelphia ;  and  Caswell,  desirous  of  revisiting  his 
old  home  in  Maryland  wearing  the  high  honors  he  had  won 
in  Carolina.  But  in  any  aspect,  the  selections  were  well 
made.  They  were  among  the  foremost  men  of  the  province, 
possessing  abilities  equal  to  the  station.  Of  the  lofty  devo- 
tion of  Hooper  and  Hewes  there  could  be  no  doubt;  and 
although  Governor  Martin  conceived  the  idea  that  Caswell 
was  going  with  the  current  against  his  inclinations  and  judg- 
ment, yet  he,  too,  gave  every  pledge  of  devotion  and  zeal, 
urging  his  son  to  take  his  musket  and,  exposing  the  secrets 
of  his  heart,  declared  that  he  would  shed  his  last  blood  "in 
support  of  the  liberties  of  my  country."  That  Caswell  sprang 
at  once  into  the  group  of  the  most  influential  leaders  and 
made  a  lasting  impression  on  his  associates  in  the  Conti- 
nental Congress  is  beyond  question.  Indeed,  it  is  to  be 
doubted  whether  any  other  colony  sent  a  delegation  of 
superior  merit  to  that  body,  whose  amazing  excellence  ex- 
torted the  admiration  of  the  world! 

Declaring  themselves  "his  Majesty's  most  dutiful  and 
loyal  subjects,"  the  deputies  entered  into  resolutions  of  the 
most  positive  character.  They  asserted  that  any  act  of  Par- 
liament imposing  a  tax  on  the  colonies  was  illegal  and  un- 
constitutional ;  that  the  Boston  port  act  was  a  cruel  infringe- 
ment of  the  rights  of  the  people;  that  the  act  regulating 
that  province  was  an  infringement  of  the  charter;  that  the 
bill  empowering  governors  to  send  persons  to  Great  Britain 
for  trial  will  tend  to  produce  frequent  bloodshed.  And  in 
the  way  of  enforcing  a  redress  of  grievances,  the  convention 
resolved  that  after  January  1,  1775,  they  would  import  or 


STEPS  IN  REVOLUTION  423 

buy  neither  East  India  goods  nor  goods  of  British  manu-  ^ 

facture ;  nor  would  they  export  any  products  of  the  country ;  £°£nmp°r" 
ror  should  any  slaves  be  imported  or  brought  into  the  prov- 
ince; and  after  September  10th  they  would  not  suffer  any 
East  India  tea  to  be  used  in  their  families, but  would  consider 
all  persons  not  complying  with  this  resolve  as  enemies  of  the  Retaliatory 
country.  measurea 

The  revolutionary  government 

The  convention  then  laid  the  foundation  for  a  revolution- 
ary government  by  providing  that  at  every  future  meeting 
the  counties  and  towns  shall  be  represented,  and  recom- 
mended that  a  committee  of  five  should  be  chosen  in  each  c.r.,  ix, 
county  to  take  care  that  the  resolves  of  the  congress  should 
be  properly  observed,  and  to  act  as  a  committee  of  corre- 
spondence. These  later  became  known  as  Committees  of 
Safety. 

The  convention  gave  directions  to  the  deputies  to  the  gen- 
eral congress  based  on  an  unchangeable  purpose  to  defend 
their  persons  and  property  against  all  unconstitutional  en- 
croachments, and  authorized  them  to  enter  into  an  agree- 
ment that  until  there  should  be  an  explicit  declaration  and 
acknowledgment  of  colonial  rights,  there  should  be  a  cessa- 
tion of  all  imports  and  exports ;  and  to  concur  with  the  depu- 
ties from  other  colonies  in  any  regulation  or  remonstrance 
that  a  majority  might  deem  necessary  measures  for  promot- 
ing a  redress  of  grievances. 

In  view  of  the  precarious  health  of  Colonel  Harvey,  Sam- 
uel Johnston  was  empowered  to  convene  the  deputies  of  the 
province  at  such  time  and  place  as  he  should  think  proper. 
And  so  a  positive  step  was  taken  toward  the  revolution  that 
was  impending,  provision  being  made  for  the  orderly  assem- 
bling of  deputies  who  should  represent  the  people  and  exer- 
cise the  power  of  government  over  those  who  would  assent 
to  be  controlled  by  the  resolutions  of  congress. 

Governor  Martin's  attitude 

The  position  of  Governor  Martin  was  now  delicate  in  the 
extreme.  He  realized  that  the  power  of  government  had 
largely  passed  into  the  hands  of  the  committees  of  corre- 


424  MARTIN'S  ADMINISTRATION,  1771-75 

w  spondence  and  the  provincial  Assembly,  and  was  greatly 

mortified  at  the  falling  away  from  his  support  of  the  mem- 
bers of  his  council  and  other  gentlemen  whom  he  thought 
bound  by  the  ties  of  duty  and  obligation  to  oppose  the  revo- 
lutionary faction.  He,  however,  ascribed  the  condition  of 
affairs  in  North  Carolina  to  the  personal  ambition  of 
aspirants  for  the  treasuryship  rather  than  to  a  more  patriotic 

foS3M  IX'  design.  At  the  election  for  treasurers  in  1772  Johnston  had 
been  defeated  by  Montfort  and  Ashe  supplanted  by  Caswell. 
Caswell  had  been  one  of  his  judges  appointed  by  prerogative, 
and  the  opposition  to  that  court  the  governor  attributed  to  a 
purpose  to  render  Caswell  unpopular  in  the  interests  of  a 
combination  between  Johnston  and  Ashe — a  conjunction 
which  he  regarded  as  extremely  formidable  to  the  interests  of 
the  country  and  productive  of  further  and  worse  conse- 
quences. The  convention  having  adjourned,  and  there  being 
no  other  movement  of  the  people  on  foot,  Governor  Martin, 
in  September,  because  of  ill  health,  left  the  province  for  New 
York;  doubtless  also  he  wished  to  confer  with  Governor 
Tryon.  In  his  absence  the  administration  devolved  on  James 
Hasell. 

The  Continental  Congress 

The  action  of  the  general  congress  was  substantially  on 
the  lines  indicated  by  the  resolutions  of  the  Provincial  Con- 
vention of  North  Carolina.    There  were  adopted  resolutions 
of  non-importation  and  non-exportation,  which,  being  signed 
by  the  members  on  behalf  of  themselves  and  their  constitu- 
A«*ociation,  en*s>  became  an  association  paper,  which  they  agreed  "to  ob- 
s«pt.  10th     serve  by  the  sacred  ties  of  virtue,  honor,  and  love  of  coun- 
try."   It  was  recommended  that  committees  should  be  chosen 
in  every  county  and  town  to  see  to  the  observance  of  the 
association  by  the  people,  and  that  the  committees  of  corre- 
spondence should  be  active  in  disseminating  information. 
McRee's  The  post  of  deputy  was  one  of  honor,  but  also  one  of 

aa? e  '  '  danger.  On  the  adjournment  of  the  congress,  Hewes  wrote 
to  Iredell :  "Our  friends  are  under  apprehension  that  admin- 
istration will  endeavor  to  lay  hold  of  as  many  delegates  as 
possible,  and  have  them  carried  to  England  and  tried  as 
rebels ;  this  induced  the  congress  to  enter  into  a  resolve  in 


COMMITTEES  OF  SAFETY  RULE  425 

such  cases  to  make  a  reprisal.    I  have  no  fears  on  that  head ;  lJ™ 

but  should  it  be  my  lot,  no  man  on  earth  could  be  better 
spared.  Were  I  to  suffer  in  the  cause  of  American  liberty, 
should  I  not  be  translated  immediately  to  heaven  as  Enoch 
was  of  old  ?"  Such  was  the  general  feeling — a  spirit  of  sac- 
rifice and  self-immolation.  The  fires  of  patriotism  were 
indeed  lighted,  and  an  ardor  to  maintain  the  rights  of 
America  animated  the  inhabitants  of  every  province. 

The  revolution  progresses 

During  the  fall  and  early  winter  local  committees  con- 
vened the  freeholders  in  the  several  counties  of  North  Caro- 
lina, and,  conformably  to  the  resolutions  of  the  provincial 
and  continental  congresses,  standing  committees  of  safety 
were  appointed.  The  earliest  proceedings  of  any  committee 
that  have  been  preserved  are  those  of  Rowan  County.  On 
September  23d  the  people  there  took  action,  led  by  William 
Kennon  and  Adlai  Osborn,  and  doubtless  the  inhabitants  of 
Mecklenburg  County  were  equally  forward  under  the  influ- 
ence of  Tom  Polk,  the  Alexanders  and  Brevards.  On  Octo- 
ber 4th  the  freeholders  of  Pitt  met,  and  on  the  same  day 
there  was  a  general  muster  of  Colonel  Bryan's  regiment  of 
militia  in  Johnston.  At  Halifax,  Willie  Jones,  Samuel  Wel- 
don  and  their  associates  on  the  committee  in  December  de- 
clared Andrew  Miller,  a  merchant  of  Halifax,  under  the  ban 
for  refusing  to  sign  the  association.  In  the  Albemarle 
region,  Johnston,  Hewes,  and  Harvey  directed  events,  while 
Richard  Cogdell,  Abner  Nash,  Alexander  Gaston  and  other 
patriots  took  strong  and  zealous  action  at  New  Bern. 

The  freeholders  of  Wilmington  having  appointed  their 
Committee  of  Safety,  on  November  23d  that  body  immedi- 
ately began  to  exert  authority.  Captain  Foster  informed  the  Tea  at 
committee  that  a  quantity  of  teas  had  been  imported  in  the  imu,gton 
brig  Sally  by  himself,  Messrs.  Ancrum,  Brice,  Hill  and 
others,  and  the  importers  did  not  know  how  to  dispose  of  it, 
and  they  desired  the  advice  of  the  committee.*    A  letter  was 

♦Extract  from  Letter  Book  of  William  Hill : 

"Brunswick.  July  26,  1774. 
"Messrs.  Kelly  &  Co.,  London,  England  : 

"The  tea,  though  repeatedly  written  for,  is  not  come  at  all,  but 
I  need  not  find  fault  or  make  any  objections  now;  for  the  flame  into 


426  MARTIN'S  ADMINISTRATION,  1771-75 

XJ74  addressed  to  Mr.  Hill,  making  inquiry  whether  the  tea  might 

November  not  be  regularly  re-exported  in  the  same  vessel.  To  this 
inquiry  Hill  replied  that,  in  the  absence  of  the  collector  and 
the  comptroller,  he  could  not  answer  what  they  would  de- 
termine ;  but,  said  he,  "The  safety  of  the  people  is,  or  ought 
to  be,  the  supreme  law ;  the  gentlemen  of  the  committee  will 
judge  whether  this  law  or  an  act  of  Parliament  should,  at 
this  particular  time,  operate  in  North  Carolina.  I  believe 
every  tea  importer  will  cheerfully  submit  to  their  determina- 
tion. "    Such  was  the  sentiment  that  pervaded  every  breast — 

which  this  whole  continent  is  thrown  by  the  operation  of  the  Boston 
port  bill  will  presently  show  itself  in  a  universal  stop  to  all  inter- 
course between  Great  Britain  and  the  colonies.  .  .  .  Though  the 
want  of  the  tea  has  for  some  time  past  been  a  serious  hurt  to  me, 
yet  'tis  now  a  lucky  omission,  as  I  am  very  doubtful  our  committee 
would  have  ordered  it  back.  But  I  hate  politics,  and  your  papers 
are  by  this  time  filled  with  the  resolutions  of  the  different  provinces, 
towns,  etc.,  in  America.  It  may  not  be  amiss  to  say  that  they  are 
sending  large  contributions  from  every  port  on  the  continent  to 
Boston  for  the  relief  of  the  suffering  poor,"  etc.,  etc. 

"Brunswick,  August  17,  1774. 
"The  tea  I  am  as  much  surprised  to  see  now  as  I  have  been  dis- 
appointed in  the  want  of  it  these  eleven  months  past.    Had  it  come 
agreeably  to  my  request,  in  July,    1773,   it  would  have  afforded  a 

frofitablc  sale;  but  it  is  now  too  late  to  be  received  in  America.  If 
were  ever  so  willing  to  take  it,  the  people  would  not  suffer  it  to 
be  landed.  Poison  would  be  as  acceptable.  1  hope  you  will  not  be 
surprised,  therefore,  to  receive  it  again  by  the  same  ship.  By  this 
you  will  easily  perceive  how  vastly  mistaken  your  correspondents 
have  been,  in  their  opinion  of  disunion  among  the  American  prov- 
inces ;  and  I  can  venture  to  assure  you  that  North  Carolina  will  not 
be  behind  any  of  her  sister  colonies  in  virtue  and  a  steady  adherence 
to  such  resolves  as  the  Continental  Congress  now  sitting  at  Philadel- 
phia shall  adopt." 

Mr.  Hill  added  that  he  would  "decline,  until  the  present  diffi- 
culties are  happily  over,  further  intercourse  with  Great  Britain." 

"Brunswick,  December  1.  1774. 
"Gentlemen  : 

"The  Mary  luckily  arrived  two  days  before  the  importation  limit 
expired ;  for,  from  and  after  this  day,  all  goods  imported  from  Great 
Britain  are  to  be  vendued — the  first  cost  and  charges  to  be  paid  to 
the  importer ;  the  profit,  if  any,  to  go  to  the  relief  of  the  sufferers  by 
the  Boston  port  bill. 

"The  tea  of  Ancrum  &  Company  and  Hewes  &  Smith  was  in- 
advertently landed ;  but  they  delivered  it  to  the  collector  for  the 
duties,  and  it  is  now  lodged  in  the  custom  house." 

"Brunswick,  June  3,  1775. 

"The  whole  continent  seems  determined,  to  a  man,  to  die  rather 
than  give  up  taxation  to  those  over  whom  they  can  have  no  consti- 
tutional check." 


THE  COMMITTEE  IN  WILMINGTON  427 

that  the  safety  of  the  people  was  the  supreme  law,  and  that  ljj* 

the  committees  were  to  determine  how  far  any  act  of  Par-  November 
liament  was  to  be  operative.    The  people  were  asserting  the 
supremacy  of  their  will  over  the  authority  of  the  mother 
country. 

At  Wilmington  the  committee  put  a  stop  to  horse  racing,  Rule  of 
to  parties  of  entertainment,  to  the  importation  of  negroes,  committees 
requiring  them  to  be  returned  to  the  countries  from  which 
they  had  been  shipped ;  forbade  any  increase  in  the  price  of 
goods,  sold  the  cargoes  of  merchandise  that  were  imported, 
paying  the  profit  for  the  benefit  of  the  Boston  sufferers,  and 
particularly  took  action  to  secure  a  supply  of  powder.     Its 
leading  spirit  was  Cornelius  Harnett;  but  with  him  were 
associated  not  only  the  gentlemen  of  the  country,  but  most  of 
the  merchants  of  the  town.     Throughout  every  part  of  the 
province  there  was  similar  action.    The  patriots  were  reso- 
lute.   The  merchants  refused  to  receive  any  more  tea  shipped 
to  them ;  locked  up  their  stock,  never  to  be  sold,  and  one  even 
threw  his  stock  into  the  river.    Nor  were  the  women  indiffer-  s.  c.  Gai- 
ent  spectators  of  passing  events.     They  sympathized  with  3"*77sPn 
the  ardor  of  their  fathers,  husbands  and  brothers,  and  were 
willing  to  make  every  sacrifice  the  situation  demanded.    At 
Wilmington  they  had  contributed  most  generously  for  the  fijftomen 
Boston  sufferers,  and  doubtless  in  every  community  they 
were  imbued  with  the  same  patriotism. 

The  Edenton  tea  party 

The  Edenton  ladies,  shortly  after  the  adjournment  of  the 
convention,  held  a  meeting  on  October  25th,  and  declared 
that  they  could  not  be  indifferent  to  whatever  affected  the 
peace  and  happiness  of  their  country;  and  that  since  the 
members  of  the  convention  had  entered  into  the  particular 
resolves  adopted  by  that  body,  they  themselves  proposed  to 
adhere  to  the  same  resolves,  and  they  therefore  subscribed 
an  association  paper  as  a  witness  of  their  solemn  determina- 
tion to  do  so.  From  that  time  East  India  tea  was  discarded 
by  the  ladies  of  Edenton.* 

*In  the  earlier  stages  of  the  disagreement  between  the  colonies  and 
the  mother  country  the  sympathies  of  a  large  part  of  the  English 
people  were  with  the  colonies,  whose  cause  was  strongly  supported 
by    many   newspapers    and   by    leading   cartoonists.     The   following 


428  MARTIN'S  ADMINISTRATION,  1771-75 

'm  Governor  Martin  returns 

On  December  7th  Governor  Martin  began  his  return  jour- 
ney from  New  York  by  land,  reaching  New  Bern  on  Jan- 
uary 15th.  He  observed  the  inhabitants  everywhere  greatly 
aroused,  and  committees  carrying  into  execution  the  measures 
of  the  general  congress.  At  Annapolis  he  saw  with  horror 
his  former  companion  in  arms,  General  Charles  Lee,  then 
a  British  half-pay  officer,  drilling  the  people ;  while  in  North 
Carolina  he  realized  that  the  committees  were  completely 
exercising  the  functions  of  government.  To  his  distress  at 
the  political  situation  there  was  to  be  added  a  sore  personal 
affliction,  the  loss  of  a  little  son,  the  third  child  of  whom 
he  had  been  bereaved  since  his  arrival  in  Carolina.  He 
found  awaiting  him  at  New  Bern  his  appointment  as  agent 

extracts  are  taken  from  a  volume  entitled  "The  Boston  Port  Bill  as 
Pictured  by  a  Contemporary  London  Cartoonist/'  by  R.  T.  H. 
Halsey,  published  by  the  Grolier  Club,  1904: 

"An  account  of  a  meeting  of  a  society  of  patriotic  ladies  at  Eden- 
ton,  in  North  Carolina,  appeared  in  various  English  papers  about  the 
middle  of  January,  1775.  Possibiy  the  imposing  list  of  signatures 
attached  to  the  resolutions  passed  at  this  gathering  caused  our  car- 
toonist to  seject  this  incident  as  one  fairly  representative  of  the 
moral  and  physical  support  the  women  of  the  colonies  were  con- 
tributing to  the  common  cause.  No  reader  of  English  newspapers, 
during  the  long  protracted  dispute  between  the  king  and  the  colonies, 
could  have  remained  ignorant  of  the  political  activities  of  the 
colonial  women.  .    .    . 

"The  above  citations  from  the  English  press  of  the  frugality,  in- 
dustry and  cheerful  abstinence  from  many  of  the  comforts  of  life 
displayed  by  the  women  of  the  American  colonies,  have  been  quoted 
to  demonstrate  that  the  political  activities  of  the  colonial  women 
were  well  known  to  the  public  on  whom  our  cartoonist  depended 
for  a  market  for  the  sale  of  his  prints.  The  especial  incident,  the 
action  of  a  society  of  patriotic  ladies  at  Edenton,  in  North  Carolina, 
which  he  had  selected  as  being  typical  of  the  attitude  of  the  women 
in  the  colonies,  was  described  in  several  London  papers  about  the 
middle  of  January,  1775. 

"The  following  extract  from  the  Morning  Chronicle  and  London 
Advertiser  (of  January  16,  1775)  tells  of  the  association  formed  by 
the  women  of  Edenton,  in  their  endeavors  to  assist  in  carrying  out 
the  resolutions  taken  by  the  men  of  North  Carolina,  and  furnished 
the  cartoonist  for  his  illustration — extract  of  a  letter  from  North 
Carolina,  October  27th  (1774) — 'The  provincial  deputies  of  North 
Carolina,  having  resolved  not  to  drink  any  more  tea,  nor  wear  any 
more  British  cloth,  etc.,  many  ladies  of  this  province  have  deter- 
mined to  give  a  memorable  proof  of  their  patriotism,  and  have  ac- 
cordingly entered  into  the  following  honorable  and  spirited  associa- 
tion. I  send  it  to  you  to  show  your  fair  countrywomen  how  zealously 
and  faithfully  American  ladies  follow  the  laudable  example  of  their 


WESTERN  EXPANSION 


429 


and  attorney  of  Granville;  and  there  was  at  once  need  for 
his  action. 

The  Transylvania  colony 

Richard  Henderson,  an  eminent  attorney,  who  had  served 
on  the  bench  a  few  years  earlier,  had  arranged  for  the  pur- 
chase from  the  Cherokee  Indians  of  a  large  portion  of  their 
hunting  grounds  in  Kentucky  and  Tennessee,  and  was  pre- 
paring to  occupy  that  wilderness  with  a  colony.  This  was 
particularly  in  contravention  of  the  king's  proclamation,  and 
of  the  acts  of  Virginia  and  of  North  Carolina.  The  territory, 
extending  from  the  Ohio  southward,  lay  partly  in  the  king's 
domain  and  partly  within  the  lines  of  Lord  Granville.    Gov- 

husbands,  and  what  opposition  your  matchless  ministers  may  expect 
to  receive  from  a  people,  thus  firmly  united  against  them': 

"Edenton,  North  Carolina,  October  25  (1774). 
"As  we  cannot  be  indifferent  on  any  occasion  that  appears  nearly 
to  affect  the  peace  and  happiness  of  our  country,  and  as  it  has  been 
thought  necessary,  for  the  public  good,  to  enter  into  several  par- 
ticular resolves  by  a  meeting  of  members  deputed  from  the  whole 
province,  it  is  a  duty  which  we  owe,  not  only  to  our  near  and  dear 
connections,  who  have  concurred  in  them,  but  to  ourselves,  who  are 
essentially  interested  in  their  welfare,  to  do  everything,  as  far  as 
lies  in  our  power,  to  testify  our  sincere  adherence  to  the  same ;  and 
we  do  therefore  accordingly  subscribe  this  paper  as  a  witness  of  our 
fixed  intention  and  solemn  determination  to  do  so: 


Abagail  Charlton, 
Elizabeth  Creacy, 
Anne  Johnstone, 
Mary  Woolard, 
Jean  Blair, 
Frances  Hall, 
Mary  Creacy, 
Mary  Blount. 
Margaret  Cathcart, 
Jane  Wellwood. 
Penelope  Dawson, 
Susanna  Vail, 
Elizabeth  Vail, 
Elizabeth  Vail, 
J.  Johnstone, 
Elizabeth  Patterson, 
Margaret  Pearson, 


Sarah  BeasUy, 
Grace  Clayton, 
Mary  Jones, 
Mary  Creacy, 
Anne  Hall. 
Sarah  Littlejohn, 
Sarah  Hoskins, 
M.  Payne, 
Elizabeth  Cricket, 
Lydia  Bonner, 
Anne  Horniblow, 
Marion  Wells, 
Sarah  Mathews, 
Elizabeth  Roberts, 
Rebecca  Bondfield, 
Sarah  Howcott, 
Elizabeth  P.  Ormond, 


Sarah  Valentine, 
Mary  Bonner, 
Mary  Ramsey, 
Lydia  Bennett, 
Tresia  Cunningham, 
Anne  Haughton, 
Elizabeth  Roberts, 
Ruth  Benbury, 
Penelope  Barker, 
Mary  Littledle, 
Elizabeth  Johnstone, 
Elizabeth  Green, 
Sarah  Howe, 
Mary  Hunter, 
Anne  Anderson, 
Elizabeth  Bearsley, 
Elizabeth  Roberts. 


"...  Our  cartoonist  has  pictured  in  the  closing  cartoon  of  the 
series  a  living  room  of  a  colonial  home,  filled  with  women,  both  of 
high  and  lowly  station,  matrons  and  maidens,  all  clothed  in  gar- 
ments the  materials  of  which  bore  no  trace  of  having  emanated  from 
the  looms  of  Manchester  or  Birmingham." 


430  MARTIN'S  ADMINISTRATION,  1771-75 

Jjjs  ernor  Martin  hastened  to  issue  a  strong  proclamation  for- 

bidding the  proposed  settlement  from  being  made,  and  declar- 
ing that  all  who  should  enter  into  any  agreement  with  the 
Indians  would  expose  themselves  to  the  severest  penalties. 
Still  Henderson  did  not  remit  his  exertions  to  carry  his 
design  into  execution.  Daniel  Boone  blazed  the  way,  and 
a  colony  was  successfully  established  on  the  dark  and  bloody 
ground  of  Kentucky. 

Proceedings  on  the  Cape  Fear 

The  general  congress  recommended  that  another  should  be 
convened   on   May    10th;   and   early   in    February   Colonel 
Harvey  gave  notice  to  the  committees  of  safety  to  have  elec- 
tions of  deputies  to  attend  another  provincial  convention.    On 
the  20th  of  that  month  the   New  Hanover  committee  in- 
vited co-operation  with  that  of  Duplin,  indicating  that  on 
March  6,       March  6th  there  would  be  several  matters  of  much  concern 
o  "amzed      *°  American  welfare  agitated.     John  Ashe,  who  had  long 
been  colonel  of  New  Hanover  County,  had  declined  to  accept 
c.  r.,  x,       a  new  commission  from  Governor  Martin,  thus  disassociating 
48.  *4Q  himself  from  the  military  organization  of  the  constituted 

authorities;  and  the  people  of  New  Hanover  had  met  and 
chosen  field  officers  for  a  regiment,  he  becoming  the  colonel. 
Similar  action  was  taken  in  Brunswick,  and  Colonel  Robert 
fi^i/sT*      Howe  was  training  the  people  to  arms.    On  March  6th  an 
March,  1775  association  paper  was  agreed  to  by  the  New  Hanover  com- 
mittee and  recommended  to  the  committees  of  the  adjacent 
counties,  by  which  the  subscribers  "most  solemnly  engage 
by  the  most  sacred  ties  of  honor,  virtue,  and  love  of  country" 
to  observe  every  part  of  the  association  recommended  by 
c.R.,x,38    the  Continental  Congress.    At  the  same  time  it  appears  that 
there  was  a  proposition  to  seize  Fort  Johnston,  but  it  was 
thought  not  advisable.    Some  of  the  inhabitants  of  Wilming- 
ton were  reluctant  to  sign  the  association  paper,  and  Colonel 
Ashe  appeared  in  the  town  at  the  head  of  some  five  hundred 
of  his  regiment  and  menaced  the  people  "with  military  execu- 
c.r.,x,48    tions  if  they  did  not  immediately  subscribe."    Without  doubt, 
being  now  an  active  leader  in  the  throes  of  a  revolution,  Ashe 
used  every  influence  that  could  be  exerted  to  infuse  zeal 
among  the  people,  to  fix  the  wavering  and  to  overawe  those 


THE  LOYAL  ELEMENT  431 

who  were  disinclined  to  cast  their  fortunes  with  the  revo-  ms 

lutionists.  The  commanding  figure  on  the  Cape  Fear,  he  was 
at  once  stalwart,  bold  and  determined.  With  him  were  his 
kinsmen,  and  Harnett  and  Howe,  Moore  and  Lillington; 
unhappily,  DeRosset  and  Waddell,  leaders  in  the  stamp  act 
times,  had  passed  away.  For  their* resolute  action,  Harnett, 
Ashe,  Howe,  and  Abner  Nash  were  particularly  marked  out 
by  the  governor  as  proper  objects  of  proscription,  because 
"they  stand  foremost  among  the  patrons  of  revolt  and  an-  c.r.,x,98 
archy." 

The  disaffected  in  the  interior 

But  amid  these  evidences  of  defection  the  governor  found 
some  comfort.  The  Regulators  had  never  been  pardoned, 
and  were  still  fearful  of  punishment.  From  time  to  time,  as 
apprehensions  arose,  others  would  follow  those  who  had 
earlier  removed  from  the  province ;  and  many  of  the  former 
insurgents  were  yet  uneasy.  The  king  had  recommended  to 
the  Assembly  to  pass  an  act  of  oblivion,  but  session  succeeded 
session  without  bringing  the  comforting  assurance  that  there 
were  to  be  no  more  prosecutions.  Now  some  of  the  Regu- 
lators presented  addresses  to  the  governor,  much  to  his  satis-  c.  r.,  ix, 
faction.  Some  two  hundred  inhabitants  of  Rowan  and  "  '  "*' 
Surry  assured  him  of  their  determination  to  continue  his 
Majesty's  loyal  subjects.  More  than  one  hundred  residents 
of  Guilford,  "being  before  an  unhappy  people,  lying  under 
the  reflection  of  the  late  unhappy  insurrection,"  declared 
that  they  held  a  firm  attachment  to  his  Majesty.  From  An- 
son came  the  assurance  from  more  than  two  hundred  to  con- 
tinue steadfast  in  the  support  of  government.  The  governor 
speedily  took  measures  to  attach  these  people  to  him,  giving 
them  every  encouragement;  and  so  hopeful  was  he  of  their 
united  support  that  on  March  16th  he  wrote  to  General  Gage, 
at  Boston,  asking  for  arms  and  a  good  store  of  ammunition, 
and  promising,  with  the  aid  of  the  Regulators  and  High- 
landers, to  maintain  the  king's  sovereignty  in  North  Caro- 
lina. He  had  indeed  ascertained  that  many  of  the  High-  c.r.,ix, 
landers  who  had  so  recently  settled  in  the  province,  and  "  7 
others  being,  like  the  Regulators,  oath  bound,  would  enroll 
themselves  beneath  his  banner ;  and  he  sent  emissaries  among 


v 


432 


MARTIN'S  ADMINISTRATION,  1771-75 


1775 


C.  R.f  IX, 

1178 


The  two 
bodies  tit 
together 


C.R., 
xai3 


IX, 


The 

Association 

signed 


them  and  association  papers  for  them  to  sign.  To  strengthen 
this  movement,  he  caused  the  several  addresses  received  by 
him  to  be  published  in  the  North  Carolina  Gazette,  and  soon 
had  the  satisfaction  of  finding  that  some  fifteen  hundred 
men  were  enrolled  in  his  support. 

• 
The  Assembly  and  the  Convention 

The  Provincial  Convention  or  congress  was  to  meet  at  New 
Bern  on  April  3d  and  the  Assembly  on  the  4th,  the  two  bodies 
being  composed  substantially  of  the  same  members.  On 
April  2d  Governor  Martin  issued  a  proclamation  forbidding 
the  convention  to  be  held,  and  exhorting  members  to  with- 
draw themselves  and  desist  from  such  illegal  proceedings. 
Nevertheless  the  convention  met,  chose  Harvey  moderator  and 
proceeded  to  business ;  and  on  the  4th  the  house  met,  Harvey 
being  chosen  speaker.  On  the  following  day  the  governor 
issued  another  proclamation,  commanding  all  his  Majesty's 
subjects  to  break  up  the  illegal  convention,  but  his  warnings 
were  disregarded.  Indeed,  on  that  very  day,  the  Assembly 
being  in  session  and  Harvey  in  the  chair  as  speaker, the  mem- 
bers of  the  convention  who  were  not  assemblymen,  and  there 
were  about  twenty  more  of  the  former  than  of  the  latter  in 
attendance,  took  their  seats  in  the  house,  which  was  then  con- 
verted into  the  convention ;  and  the  body  proceeded  to  the 
transaction  of  business  as  such,  later  the  business  of  the  house 
being  resumed.  On  information  of  this  proceeding,  Gov- 
ernor Martin's  wrath  knew  no  bounds,  and  quickly  changing 
the  upper  house  of  the  legislature  into  a  council,  he  brought 
the  subject  before  them,  but  was  advised  that  it  was  inexpedi- 
ent to  take  notice  of  it.  The  convention  signed  the  associa- 
tion adopted  by  the  general  congress,  thanked  Hooper, 
Hewes,  and  Caswell  for  their  services  as  deputies  and  re- 
elected them  to  attend  the  next  congress,  to  be  held  on 
May  10th,  and  invested  them  with  power  to  bind  the  province 
in  honor  by  any  act  that  they  might  do.  It  recommended 
the  encouragement  of  arts  and  manufactures,  and  that 
premiums  should  be  offered  by  the  local  committees  to  pro- 
mote industries  throughout  the  province.  It  declared  that 
his  Majesty's  subjects  have  a  right  to  meet  and  petition  the 
throne  and  to  appoint  delegates  for  that  purpose,  and  that 


THE  ASSEMBLY-CONVENTION  433 

the  governor's  proclamations  commanding  the  convention  w 

to  disperse  was  a  wanton  and  arbitrary  exercise  of  power. 

To  the  house  the  governor  made  a  long  and  heated 
address,  inveighing  against  the  illegal  convention,  pointing 
out  that  it  was  dishonorable  to  the  Assembly  for  such  a  body 
to  meet,  and  warning  them  of  the  dangerous  precipice  on 
which  they  who  had  solemnly  sworn  allegiance  to  the  king 
then  stood,  and  informing  them  of  the  satisfaction  he  had 
received  in  the  assurance  of  support  by  the  inhabitants  of 
the  interior. 

The  reply  of  the  house  was  spirited  and  bold.    It  declared  c.  r.,  ix, 
that  the  members,  with  minds  superior  to  private  dissensions, 
had  determined  calmly,  unitedly,  and  faithfully  to  discharge 
the  sacred  trust  reposed  in  them  by  their  constituents;  ac-  Reciprocal 
knowledging  their  allegiance  to  the  king,  they  declared  that  deC|Sed 
the  same  constitution  which  established  that  allegiance  bound 
his  Majesty  under  as  solemn  obligations  to  protect  his  sub- 
jects, making  each  reciprocally  dependent.     Asserting  that 
the  king  had  no  subjects  more  faithful  than  the  inhabitants 
of  North  Carolina,  or  more  ready,  at  the  expense  of  their 
lives  and  fortunes,  to  protect  and  support  his  person,  crown, 
and  dignity,  they  expressed  their  warm  attachment  to  their 
sister  colonies  and  heartfelt  compassion   for   Boston,   and 
declared  the  fixed  and  determined  resolution  of  the  colony 
to  unite  with  the  other  colonies  to  retain  their  just  rights 
as  British  subjects.    They  reiterated  what  the  convention  had 
affirmed  with  regard  to  the  legality  of  that  body,  approved 
the  proceedings  of  the  Continental  Congress,  and  resolved  to 
exert  every  influence  to  induce  the  inhabitants  of   North 
Carolina  to  observe  the  rules  it  had  recommended.     They 
thanked  the  North  Carolina  deputies  for  their  faithful  con- 
duct, and  approved  of  their  re-election  by  the  convention. 
The  governor,  on  the  evening  of  Friday,  the  7th,  having  ^j1''775 
obtained  information  of  the  nature  of  the  Assembly's  ad-  Assembly 
dress  to  him,  early  the  next  morning  dissolved  the  body. 

Although  later  Governor  Martin  called  for  the  election 
of  new  members  to  be  held  on  June  23d,  this  was  the  last 
Assembly  ever  convened  under  royal  authority.  It  was  also 
the  last  appearance  in  public  affairs  of  that  sterling  patriot, 
John  Harvey,  whose  health  had  long  been  delicate ;  and  now. 


434 


MARTIN'S  ADMINISTRATION,  1771-75 


X775 


Death  of 
Harvey 


Rariter  and 
Elmsly 
suppress 
address  to 
king 


C.  R.,  IX, 

iao8 
North 
Carolina 
excepted 


C.  R.,  IX, 
1214 


wasted  by  disease,  he  bade  farewell  to  those  associates  who 
had  given  him  so  many  evidences  of  their  esteem  and  con- 
fidence, and  who,  under  his  guidance,  had  entered  upon  that 
determined  action  which  subsequently  led  to  the  indepen- 
dence of  the  colony.  About  the  middle  of  May  he  fell  from 
his  horse  and  died,  lamented  by  his  compatriots. 

North  Carolina  at  Court 

In  England  some  conciliatory  measures  had  been  pro- 
posed that,  however,  did  not  at  all  appeal  to  the  colonists. 
Thomas  Barker,  who  twenty  years  earlier  had  been  a  lawyer 
of  influence  in  the  Albemarle  section,  and  once  treasurer, 
was  now  in  England,  and  Alexander  Elmsly,  who  also  had 
been  a  member  of  the  Assembly  and  a  man  of  influence  in 
that  section,  being  also  in  London,  to  them  it  was  given  in 
charge  by  the  Assembly  of  1774  to  present  the  address  of 
the  province  to  the  Crown.  They  took  the  liberty  of  sup- 
pressing that  address  as  adopted  by  the  Assembly  and  of 
writing  another,  which  was  received  with  favor  by  the 
Board  of  Trade ;  and  Governor  Try  on,  being  also  at  London, 
exerted  himself  in  behalf  of  North  Carolina;  so  that  when, 
about  the  middle  of  February,  a  bill  was  introduced  into 
Parliament  forbidding  trade  with  the  colonists,  North  Caro- 
lina and  New  York  were  excepted.  This  was  regarded  in 
the  province  as  an  unenviable  distinction,  and  was  ascribed 
to  a  purpose  to  detach  North  Carolina  from  the  common 
cause,  while  at  the  same  time  leaving  open  communications 
by  which  Great  Britain  could  continue  to  receive  needed 
supplies  of  naval  stores  so  essential  for  naval  operations. 
This  tender  was  at  once  rejected  by  the  inhabitants  with 
disdain,  and  North  Carolina,  paying  no  attention  to  it,  re- 
mained faithful  to  the  common  cause.  To  the  northward 
military  companies  were  forming,  and  the  Virginia  Assembly 
provided  for  the  raising  of  a  company  in  each  county.  Such 
a  proposition  was  brought  forward  in  the  North  Carolina 
convention,  but  was  then  deemed  inexpedient. 

The  battle  of  Lexington 

But  all  hopes  that  the  peace  would  not  be  broken  quickly 
vanished.     On  April  19th  the  first  clash  of  arms  occurred 


THE  WAR  BEGINS 


435 


«775 


C.  R.,  IX, 
1234,  1839 


C  R.f  IX, 

1248 


at  Lexington,  and  information  of  that  battle  was  hurried 
from  Boston  by  successive  couriers  to  Charleston.  On 
May  3d  the  courier  from  Nansemond  reached  Edenton ;  on 
May  6th,  New  Bern ;  two  days  later,  Wilmington  and  Bruns- 
wick. On  May  9th,  Montfort,  at  Halifax,  despatched  the 
news  to  Burke  at  Hillsboro,  and  it  spread  rapidly  through- 
out the  province.  It  created  great  excitement.  The  people 
were  stirred  as  never  before.  A  new  phase  was  now  im- 
parted to  public  affairs,  the  people  feeling  that  they  must 
fight.  Independent  military  companies  at  once  began  to  be 
organized.  It  was  the  same  throughout  all  America.  M»y»«775 
Toward  the  end  of  April  Caswell  and  Hewes  left  the  prov- 
ince to  attend  the  Congress.  In  Virginia  and  Maryland 
they  were  escorted  through  the  several  counties  by  the  mili- 
tary companies,  and  on  reaching  Philadelphia  they  found 
twenty-eight  companies  organized  and  2000  men  drilling 
morning  and  evening,  and  only  martial  music  could  be  heard 
in  the  streets.    The  change  had  been  electrical. 

On  May  16th  Nash  and  others  had  begun  the  formation 
of  companies  at  New  Bern.  The  governor,  fearing  that  some 
mounted  cannon  on  the  palace  grounds  would  be  seized  and 
carried  off,  on  May  23d  caused  them  to  be  dismounted ;  and  The 
when  Nash  and  a  committee  of  citizens  waited  on  him  to  ^gjjjj^ 
ascertain  the  cause  of  this  action,  the  governor  said  that 
the  carriages  were  unsafe,  and  he  was  making  preparations 
to  celebrate  the  king's  birthday ;  but  while  he  was  indignant 
at  being  called  to  account  by  the  people,  he  was  also  alarmed 
and  prevaricated  in  order  to  quiet  them. 


c.  R.,  IX, 
1256 ; 
X,  4«.  43 


Governor  Martin  seeks  safety 

A  day  or  two  later  an  emissary  arrived  from  New  York 
and  informed  Governor  Martin  that  General  Gage  was  about 
to  send  him  the  arms  and  munitions  desired,  and  there  was 
reason  to  suppose  that  the  shipment  had  been  discovered.  A 
report  also  had  been  propagated  that  the  governor  had 
formed  a  design  of  arming  the  negroes  and  proclaiming 
freedom  to  those  who  should  resort  to  the  king's  standard,  Martin, 
and  the  public  mind  was  much  inflamed  against  him.  Indeed,  NoVth0 
there  was  then  brewing  a  plot  for  a  negro  insurrection  in    Carolina, ii, 


436 


MARTIN'S  ADMINISTRATION,  1771-75 


177s 

July,  1775 

C.  R.,  X,  94 

Negro 

insurrection 

planned 


C.  RM  X,  4« 


Martin 
leaves 
New  Bern, 
May  31, 177S 


C.R.,X,44 


C.  R.,  X,  45 

The  last 
election 


the  region  near  Tar  River.     By  timely  good  fortune,  on 
July  7th  the  plot  was  discovered. 

On  the  following  night  the  negroes  were  to  rise  and  mur- 
der the  whites,  moving  from  plantation  to  plantation,  and 
then,  having  embodied,  they  were  to  march  to  the  west, 
where  they  expected  to  be  received  and  protected  by  the 
inhabitants  who  were  still  attached  to  the  king.  Companies 
of  light  horse  scoured  the  country,  and  the  negroes  were 
speedily  suppressed,  but  apparently  not  without  some  of 
them  being  killed. 

The  purpose  was  avowed  in  some  of  the  colonies  to  seize 
the  royal  governors  and  detain  them,  and  Governor  Martin, 
fearing  the  discovery  of  the  shipment  of  arms,  especially  in 
connection  with  his  alleged  design  to  arm  the  negroes,  be- 
came very  apprehensive  for  his  personal  safety.  The  mili- 
tary companies  formed  at  New  Bern  were  a  menace,  and, 
separated  from  the  king's  forces,  he  had  no  friends  to  pro- 
tect him.  He  hurried  his  private  secretary  to  Ocracoke  to 
stop  any  vessel  bringing  in  arms,  ordering  it  to  proceed  to 
Fort  Johnston.  The  same  night  he  despatched  his  wife  and 
family  to  New  York,  bearing  letters  to  General  Gage,  and 
he  asked  that  a  royal  standard  should  be  furnished  him. 
Being  now  entirely  alone,  on  the  last  day  of  May  he  locked 
the  palace,  left  the  key  with  a  servant,  and  took  his  departure 
southward.  Giving  out  that  he  was  going  to  visit  Chief 
Justice  Hasell,  he  took  flight  for  Fort  Johnston,  where  he 
safely  arrived  on  June  2d.  His  flight  perhaps  gave  a  new 
impulse  to  the  popular  movement,  strengthening  the  hands 
of  Nash,  Cogdell,  and  Gaston ;  and  on  June  8th  the  associa- 
tion was  being  signed  in  every  part  of  the  county,  and  the 
militia  were  forming  into  companies  and  choosing  their  own 
officers. 

Elections  were  held  for  assemblymen  on  June  23d,  and  a 
considerable  number  of  inhabitants  gathering  at  New  Bern 
on  that  occasion,  they  went  to  the  deserted  palace  and  took 
possession  of  the  six  cannon  there,  and  removed  them  to  the 
court-house. 


CHAPTER  XXVI 
The  Mecklenburg  Resolves,  May  31,  1775 

The  Mecklenburg  declaration. — Historical  statement. — Documents 
and  observations. — Conditions  in  May. — Mecklenburg  aroused. — The 
great  meeting  at  Charlotte. — Colonel  Polk  proclaims  the  resolves. — 
Independence  declared. — The  old  government  annulled. — The  leaders 
in  Mecklenburg. — The  effect  elsewhere. — At  Salisbury. — At  New 
Bern. — Bethania. — Reconciliation  still  desired. — Apprehensions. — 
Thomas  Jefferson. — The  Regulators. — The  patriots  in  the  interior. — 
The  clashing  in  Anson. — New   Hanover   acts. — Governor   Martin's 

Elans. — McDonald  arrives. — New  Hanover  impatient. — Fort  Johnston 
urned. — The  Revolution  progresses. — Dunn  and  Boote  confined. 

In  May,  1775,  the  condition  of  public  affairs  was  alarming.  Boston 
was  occupied  by  a  hostile  British  army,  and  "the  cause  of  Boston 
was  felt  to  be  the  cause  of  all."  The  situation  having  been  dis- 
cussed by  some  of  the  leading  citizens  of  Mecklenburg  County,  and 
several  local  meetings  having  been  held  at  different  points  in  the 
county,  Colonel  Thomas  Polk  called  for  the  election  of  two  delegates 
from  each  of  the  militia  districts  of  the  county  "to  take  into  con- 
sideration the  state  of  the  country,  and  to  adopt  such  measures  as 
to  them  seemed  best  to  secure  their  lives,  liberties,  and  property 
from  the  storm  which  was  gathering  and  had  burst  on  their  fellow- 
citizens  to  the  eastward  by  a  British  army"  (statement  of  G.  Graham 
and  others).  The  delegates,  having  been  chosen,  met  at  Charlotte. 
The  news  of  the  battle  of  Lexington  had  arrived  and  the  people 
were  much  excited  (ibid.).  Resolutions  were  adopted  that  were 
with  great  formality  read  by  Colonel  Polk  to  a  large  concourse  of 
citizens,  composed  of  nearly  one-half  of  the  men  of  the  county, 
drawn  together  by  their  interest  in  the  occasion   (ibid.). 

The  manuscript  records  of  these  proceedings  appear  to  have  been 
in  the  possession  of  John  McKnitt  Alexander  until  the  year  1800.  In 
1794  he  sent  a  copy  of  them  to  Dr.  Hugh  Williamson.  In  April, 
1800,  his  residence  was  destroyed  by  fire  and  these  original  records 
were  then  burnt. 

Subsequently  John  McKnitt  Alexander  sought  to  reproduce  the 
burnt  records.  Apparently  he  made  some  rough  notes  as  a  basis  for 
reproduction  on  a  half  sheet  of  paper,  which  he  preserved.  Attached 
to  that  half  sheet,  when  discovered  after  his  death  in  1817,  was  a 


438 


THE  MECKLENBURG  RESOLVES,  1775 


1775 

Alexander 
document  of 
1800 

His 
certificate 


N.  C.  Uni. 
ApriU  1853, 


full  sheet  in  a  handwriting  unknown  to  his  son,  Dr.  Joseph  McKnitt 
Alexander,  which  contained  an  account  of  the  proceedings  in  Meck- 
lenburg, including  a  series  of  resolutions  which  has  since  been 
known  as  "The  Declaration  of  May  20th." 

In  September,  1800,  a  copy  of  this  "full  sheet"  was  sent  by  John 
McKnitt  Alexander  to  General  William  R.  Davie  with  the  following 
certificate  appended  to  it : 

"It  may  be  worthy  of  notice  here  to  observe  that  the  foregoing 
statement,  though  fundamentally  correct,  yet  may  not  literally  cor- 
respond with  the  original  record  of  the  transactions  of  said  delega- 
tion and  Court  of  Inquiry,  as  all  those  records  and  papers  were 
burned,  with  the  house,  on  April  6,  1800;  but  previous  to  that  time 
of  1800,  a  full  copy  of  said  records,  at  the  request  of  Dr.  Hugh 
Williamson,  then  of  New  York,  but  formerly  a  representative  in 
Congress  from  this  State,  was  forwarded  to  him  by  Colonel  William 
Polk,  in  order  that  those  early  transactions  might  fill  their  proper 
place  in  a  history  of  this  State  then  writing  by  said  Dr.  Williams 
(sic)  in  New  York. 

"Certified  to  the  best  of  my  recollection  and  belief  this  3d  day  of 
September,  1800,  by 

"J.  McK.  Alexander, 

"Mecklenburg  County,  N.  C." 


The  Davie 
copy 


This  certificate  fixes  the  character  of  "the  full  sheet"  and  of  the 
"Davie  copy"  to  which  it  was  annexed.  They  were  not  copies  of  any 
record.  In  like  manner,  it  is  to  be  said  of  all  other  copies  of  the 
resolutions  purporting  to  have  been  adopted  at  Charlotte  on  May 
20th,  that  they  have  only  this  origin  and  source,  and  are  copies  of  the 
Alexander  document  of  1800. 

The  remembrance  of  Mecklenburg's  patriotic  action  was  cherished 
locally,  but  no  contemporaneous  publication  of  the  proceedings  seems 
to  have  been  preserved  in  that  county ;  nor  was  the  copy  sent  to  Dr. 
Williamson  ever  published ;  nor  did  General  Davie  give  publicity  to 
the  paper  sent  him. 

John  McKnitt  Alexander  died  on  July  10,  1817,  and  after  his  death 
his  son,  Dr.  Joseph  McKnitt  Alexander,  found  in  his  mansion  house 
a  bundle  of  old  pamphlets,  and  with  them  the  "half  sheet"  and  the 
"full  sheet"  of  manuscripts  above  mentioned.  In  1818  inquiry  was 
made  concerning  the  proceedings  in  Mecklenburg,  and  Dr.  Joseph 
McKnitt  Alexander  sent  a  copy  of  the  "full  sheet"  to  Hon.  William 
Davidson,  then  a  member  of  Congress.  On  the  30th  of  April,  1819, 
the  following  publication  appeared  in  the  Raleigh  Register: 

"It  is  not  probably  known  to  many  of  our  readers  that  the  citi- 
zens of  Mecklenburg  County,  in  this  State,  made  a  declaration  of 


RALEIGH  REGISTER  ARTICLE  439 

independence  more  than  a  year  before  Congress  made  theirs.    The  JJJJ 

following  document  on  the  subject  has  lately  come  to  the  hands 
of  the  editor  from  unquestionable  authority,  and  is  published  that 
it  may  go  down  to  posterity: 

North  Carolina,  Mecklenburg  County,  May  20,  1775. 

In  the  spring  of  1775,  the  leading  characters  of  Mecklenburg  The 
County,  stimulated  by  that  enthusiastic  patriotism  which  elevates  ^Smax^ 
the  mind  above  considerations  of  individual  aggrandizement,  and  1800 
scorning  to  shelter  themselves  from  the  impending  storm  by  sub- 
mission to  lawless  power,  etc.,  held  several  detached  meetings, 
in  each  of  which  the  individual  sentiments  were,  "that  the  cause 
of  Boston  was  the  cause  of  all ;  that  their  destinies  were  indissolubly 
connected  with  those  of  their  Eastern  fellow-citizens — and  that  they 
must  either  submit  to  all  the  impositions  which  an  unprincipled,  and 
to  them  an  unrepresented,  parliament  might  impose— or  support 
their  brethren  who  were  doomed  to  sustain  the  first  shock  of  that 
power,  which,  if  successful  there,  would  ultimately  overwhelm  all  in 
the  common  calamity."  Conformably  to  these  principles,  Colonel 
Adam  Alexander,  through  solicitation,  issued  an  order  to  each  cap- 
tain's company  in  the  county  of  Mecklenburg  (then  comprising  the 
present  county  of  Cabarrus),  directing  each  militia  company  to  elect 
two  persons,  and  delegate  to  them  ample  power  to  devise  ways  and 
means  to  aid  and  assist  their  suffering  brethren  in  Boston,  and  also 
generally  to  adopt  measures  to  extricate  themselves  from  the  im- 
pending storm,  and  to  secure  unimpaired  their  inalienable  rights, 
privileges  and  liberties,  from  the  dominant  grasp  of  British  imposi- 
tion and  tyrannny. 

In  conforming  to  said  order,  on  May  19,  1775,  the  said  delega- 
tion met  in  Charlotte,  vested  with  unlimited  powers;  at  which  time 
official  news,  by  express,  arrived  of  the  battle  of  Lexington  on  that 
day  of  the  preceding  month.  Every  delegate  felt  the  value  and 
importance  of  the  prize,  and  the  awful  and  solemn  crisis  which 
had  arrived — every  bosom  swelled  with  indignation  at  the  malice, 
inveteracy,  and  insatiable  revenge,  developed  in  the  late  attack  at 
Lexington.  The  universal  sentiment  was:  let  us  not  flatter  our- 
selves that  popular  harangues  or  resolves,  that  popular  vapor  will 
avert  the  storm,  or  vanquish  our  common  enemy — let  us  deliberate 
— let  us  calculate  the  issue — the  probable  result;  and  then  let  us 
act  with  energy,  as  brethren  leagued  to  preserve  our  property — 
our  lives — and  what  is  still  more  endearing,  the  liberties  of  America. 
Abraham  Alexander  was  then  elected  chairman,  and  John  McKnitt 
Alexander,  clerk.  After  a  free  and  full  discusssion  of  the  various 
objects  for  which  the  delegation  had  been  convened,  it  was  unani- 
mously ordained : 


440  THE  MECKLENBURG  RESOLVES,  1775 

lrrs  1.  Resolved,  That  whoever  directly  or  indirectly  abetted,  or  in 

any  way,  form,  or  manner,  countenanced  the  unchartered  and  dan- 
gerous invasion  of  our  rights,  as  claimed  by  Great  Britain,  is  an 
enemy  to  this  country — to  America — and  to  the  inherent  and  in- 
alienable rights  of  man. 

2.  Resolved,  That  we,  the  citizens  of  Mecklenburg  County,  do 
hereby  dissolve  the  political  bands  which  have  connected  us  to  the 
mother  country,  and  hereby  absolve  ourselves  from  all  allegiance 
to  the  British  Crown,  and  abjure  all  political  connection,  contract, 
or  association  with  that  nation,  who  have  wantonly  trampled  on 
our  rights  and  liberties — and  inhumanly  shed  the  innocent  blood  of 
American  patriots  at  Lexington. 

3.  Resolved,  That  we  do  hereby  declare  ourselves  a  free  and  inde- 
pendent people,  are,  and  of  right  ought  to  be,  a  sovereign  and  self- 
governing  association,  under  the  control  of  no  power  other  than 
that  of  our  God  and  the  general  government  of  the  congress;  to 
the  maintenance  of  which  independence  we  solemnly  pledge  to 
each  other  our  mutual  co-operation,  our  lives,  our  fortunes,  and  our 
most  sacred  honor. 

4.  Resolved,  That  as  we  now  acknowledge  the  existence  and  con- 
trol of  no  law  or  legal  officer,  civil  or  military,  within  this  county, 
we  do  hereby  ordain  and  adopt,  as  a  rule  of  life,  all,  each  and  every 
of  our  former  laws,  wherein,  nevertheless,  the  Crown  of  Great 
Britain  never  can  be  considered  as  holding  rights,  privileges,  im- 
munities, or  authority  therein. 

5.  Resolved,  That  it  is  also  further  decreed,  that  all,  each  and  every 
military  officer  in  this  county  is  hereby  reinstated  to  his  former  com- 
mand and  authority,  he  acting  conformably  to  these  regulations. 
And  that  every  member  present  of  this  delegation  shall  henceforth  be 
a  civil  officer,  viz.,  a  justice  of  the  peace,  in  the  character  of  a 
committeeman,  to  issue  process,  hear  and  determine  all  matters 
of  controversy,  according  to  said  adopted  laws,  and  to  preserve 
peace,  and  union,  and  harmony,  in  said  county,  and  to  use  every 
exertion  to  spread  the  love  of  country  and  fire  of  freedom  through- 
out America,  until  a  more  general  and  organized  government  be 
established  in  this  province. 

A  number  of  by-laws  were  also  added,  merely  to  protect  the  as- 
sociation from  confusion,  and  to  regulate  their  general  conduct  as 
citizens.  After  sitting  in  the  court-house  all  night,  neither  sleepy, 
hungry,  nor  fatigued,  and  after  discussing  every  paragraph,  they 
were  all  passed,  sanctioned,  and  declared,  unanimously,  about  2  a.m., 
May  20th.  In  a  few  days,  a  deputation  of  said  delegation  con- 
vened, when  Captain  James  Jack,  of  Charlotte,  was  deputed  as  ex- 
press to  the  congress  at  Philadelphia,  with  a  copy  of  said  Resolves 


RALEIGH  REGISTER  ARTICLE  441 

and  Proceedings,  together  with  a  letter  addressed  to  our  three  rep-  x*75 

resentatives  there,  viz.,  Richard  Caswell,  William  Hooper  and 
Joseph  Hughes — under  express  injunction,  personally,  and  through 
the  State  representation,  to  use  all  possible  means  to  have  said  pro- 
ceedings sanctioned  and  approved  by  the  general  congress.  On 
the  return  of  Captain  Jack,  the  delegation  learned  that  their  pro- 
ceedings were  individually  approved  by  the  members  of  congress, 
but  that  it  was  deemed  premature  to  lay  them  before  the  house.  A 
joint  letter  from  said  three  members  of  congress  was  also  received, 
complimentary  of  the  zeal  in  the  common  cause,  and  recommending 
perseverance,  order  and  energy. 

The  subsequent  harmony,  unanimity,  and  exertion  in  the  cause  of 
liberty  and  independence,  evidently  resulting  from  these  regulations 
and  the  continued  exertion  of  said  delegation,  apparently  tranquil- 
lized this  section  of  the  State,  and  met  with  the  concurrence  and 
high  approbation  of  the  Council  of  Safety,  who  held  their  sessions 
at  New  Bern  and  Wilmington,  alternately,  and  who  confirmed  the 
nomination  and  acts  of  the  delegation  in  their  official  capacity. 

From  this  delegation  originated  the  Court  of  Enquiry  of  this 
county,  who  constituted  and  held  their  first  session  in  Charlotte— 
they  then  held  their  meetings  regularly  at  Charlotte,  at  Colonel 
James  Harris's,  and  at  Colonel  Phifer's,  alternately,  one  week  at 
each  place.  It  was  a  civil  court  founded  on  military  process.  Be- 
fore this  judicature,  all  suspicious  persons  were  made  to  appear, 
who  were  formally  tried  and  banished,  or  continued  under  guard. 
Its  jurisdiction  was  as  unlimited  as  toryism,  and  its  decrees  as  final 
as  the  confidence  and  patriotism  of  the  county.  Several  were  ar- 
rested and  brought  before  them  from  Lincoln,  Rowan  and  the  ad- 
jacent counties. 

[The  foregoing  is  a  true  copy  of  the  papers  on  the  above  subject, 
left  in  my  hands  by  John  McKnitt  Alexander,  deceased.  I  find  it 
mentioned  on  file  that  the  original  book  was  burned  April,  1800. 
That  a  copy  of  the  proceedings  was  sent  to  Hugh  Williamson,  in 
New  York,  then  writing  a  "History  of  North  Carolina,"  and  that  a 
copy  was  sent  to  General  W.   R.  Davie.  /.  McKnitt"]* 

Shortly  after  the  publication  of  this  document  in  the  Register,  in 
)8iq.  Colonel  William  Polk,  being  interested,  obtained  certificates 
from  General  George  Graham,  William  Hutchison,  Jonas  Clark, 
Robert  Robinson  and  others,  residents  of  Mecklenburg,  corrobora- 
tive of  its  authenticity,  and  further  certifying  that  within  a  few 
days  after  the  adoption  of  the  Resolves  Captain  Jack  went  as  a  mes- 
senger to  bear  them  to  the  Continental  Congress. 

♦Dr.  Joseph  McKnitt  Alexander,  son  of  John  McKnitt  Alexander, 
used  this  signature. 


442 


THE  MECKLENBURG  RESOLVES,  1775 


«775 


George 
Graham 
and  others 


The 

protracted 

meeting 


The  public 
meeting 


Captain 
Jack 


They  certified  on  honor  that : 

"We  were  present  in  the  town  of  Charlotte,  in  the  said  county 
of  Mecklenburg,  on  May  19,  1775.  when  two  persons  elected  from 
each  captain's  company  in  said  county  appeared  as  delegates,  to  take 
into  consideration  the  state  of  the  country,  and  to  adopt  such  meas- 
ures as  to  them  seem  best.     .     .    . 

"The  order  for  the  election  of  delegates  was  given  by  Colonel 
Thomas  Polk,  the  commanding  officer  of  the  militia  of  the  county, 
with  a  request  that  their  powers  should  be  ample,  touching  any 
measure  that  should  be  proposed.  We  do  further  certify  and  de- 
clare that  to  the  best  of  our  recollection  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  day  of  May  19, 
1775.  when  Abraham  Alexander  was  chosen  chairman,  and  Dr. 
Ephraim  Brevard,  secretary.  That  the  delegates  continued  in  ses- 
sion 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  them- 
selves, and  the  people  of  Mecklenburg  County,  free  and  independent 
of  the  king  and  Parliament  of  Great  Britain — and  from  that  day 
thenceforth  all  allegiance  and  political  relation  was  absolved  be- 
tween the  good  people  of  Mecklenburg  and  the  king  of  Great 
Britain;  which  Declaration  was  signed  by  every  member  of  the  dele- 
gation, 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." 

On  December  7,  1819,  Captain  Jack  made  the  following  affidavit : 

"Having  seen  in  the  newspapers  some  pieces  respecting  the  Dec- 
laration 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  sometime 
previous  to  and  at  the  time  thore  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  Alex- 
ander, who  generally  acted  as  chairman;  John  McKnitt  Alexander, 
as  secretary;  Abraham  Alexander,  Adam  Alexander,  Major  John 
Davidson,  Major  (afterward  General)  William  Davidson,  Colonel 
Thomas  Polk,  Ezekiel  Polk,  Dr.  Ephraim  Brevard,  Samuel  Martin, 
Duncan  Ochletrec,  William  Willson,  Robert  Irvin. 

"When  the  Resolutions  were  finally  agreed  on,  they  were  publicly 


TESTIMONY  OF  THE  WITNESSES  443 

proclaimed  from  the  court-house  door  in  the  town  of  Charlotte,  and  1775 

were  received  with  every  demonstration  of  joy  by  the  inhabitants.  ""** 

"I  was  then  solicited  to  be  the  bearer  of  the  proceedings  to  congress. 
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  Colonel  Kennon,  an  attorney, 
and  they  were  read  aloud  in  open  court.  Major  William  Davidson 
and  Mr.  Avery,  an  attorney,  called  on  me  at  my  lodging  the  even- 
ing 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." 

Other  statements  were  made  by  men  of  the  highest  character, 
all  confirming  the  fact  that  there  were  proceedings  in  Mecklenburg 
in  May,  1775,  relating  to  independence,  and  some  giving  the  details 
with  great  particularity. 

On  January  20,  1820,  John  Simeson  wrote  to  Colonel  William 
Polk:  "I  have  conversed  with  many  of  my  old  friends  and  others, 
and  all  agree  in  the  point,  but  few  can  state  the  particulars.  .  .  . 
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  com-  Simeson 
manding  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  Flennigan,  from  this  company; 
Charles  Alexander,  John  McKnitt  Alexander,  Hezekiah  Alexander, 
Abraham  Alexander,  Esq.,  John  Phifer,  David  Reese,  Adam  Alex- 
ander. 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  toward  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  county's  use — Thomas  Polk,  John  Phifer, 
and  Joseph  Kennedy.  I  was  under  arms  near  the  head  of  the  line, 
near  Colonel  Polk,  and  heard  him  distinctly  read  a  long  string  of 
grievances,  the  Declaration  and  military  order  above/'* 

*The  accuracy  of  the  memory  of  this  witness,  Mr.  Simeson,  in  one 
particular  at  least  is  remarkable.  By  the  last  of  the  resolves  of 
May  31st,  Colonel  Thomas  Polk  and  Dr.  Joseph  Kennedy  were 
appointed  to  purchase  ammunition,  as  the  witness  recollected  after 
the  lapse  of  forty-five  years. 


444 


THE  MECKLENBURG  RESOLVES,  1775 


*775 
Cummins 


Davie  copy 


The  State 
Pamphlet 


Joseph 
McKnitt 
Alexander's 
certificate, 
Hoyt,  135 


Francis  Cummins  wrote  in  1819  to  Mr.  Macon :  "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  at  Charlotte, 
and  from  the  head  of  the  court-house  door  proclaimed  independence 
on  English  government,  by  their  herald,  Colonel  Thomas  Polk.  I 
was  present  and  saw  and  heard  it." 

In  November,  1820,  General  Davie  died,  and  there  was  found 
among  his  papers  a  manuscript  copy  of  the  proceedings  at  Charlotte, 
in  the  handwriting  of  John  McKnitt  Alexander,  to  which  was  ap- 
pended the  note  above  printed  to  the  effect  that  "the  foregoing 
statement,  though  fundamentally  correct,  yet  may  not  literally  cor- 
respond with  the  original  records,  as  all  those  records  and  papers 
were  burned  with  the  house  on  April  6,  1800." 

This  "Davie  copy"  was  then  sent  to  the  son,  Dr.  Joseph  McKnitt 
Alexander,  who  preserved  it.  It  was  the  same  as  the  document 
published  in  the  Raleigh  Register  except  some  slight  verbal  differ- 
ences. 

The  resolutions  thus  presented  to  the  public  as  those  adopted  at 
Charlotte  in  May,  1775,  were  without  hesitation  accepted  in  North 
Carolina  as  authentic  and  genuine.  But  Mr.  Jefferson  and  Mr. 
Adams  denied  their  authenticity.  Therefore,  other  affidavits  and 
certificates  were  procured,  and  a  committee  of  the  General  Assembly 
was  appointed  "to  examine,  collate  and  arrange  such  documents  as 
relate  to  the  Mecklenburg  Declaration  of  Independence" ;  and  at  the 
session  of  1830-31  it  reported  that  "by  the  publication  of  these  papers 
it  will  be  fully  verified  that  as  early  as  the  month  of  May,  I775»  a 
portion  of  the  people  of  North  Carolina  .  .  .  did  by  a  public  and 
solemn  act  declare  the  dissolution  of  the  ties  which  bound  them  to 
the  Crown  and  people  of  Great  Britain,  and  did  establish  an  inde- 
pendent, though  temporary  government  for  their  own  control  and 
direction."  Their  report  was  directed  to  be  published  by  the  State. 
The  original  documents  found  by  Dr.  Joseph  McKnitt  (Alexander) 
were  submitted  to  this  committee,  passed  into  the  hands  of  the  state 
authorities  for  a  time,  appear  to  have  been  returned,  but  subsequently 
came  into  the  possession  of  Governor  David  L.  Swain.  They  consisted 
of  a  torn  half-sheet  of  paper,  on  which  were  written  some  notes  in 
the  handwriting  of  John  McKnitt  Alexander,  being  apparently 
rough  first  attempts  to  reproduce  statements  and  resolutions:  this 
half-sheet  being  stitched  to  a  full  sheet  (containing  substantially  the 
paper  published  in  the  Raleigh  Register,  and  also  furnished  to  Gen- 
eral Davie),  which  was  in  an  unknown  handwriting.  These  papers 
were  accompanied  by  a  certificate  as  follows:  "The  sheet  and  torn 
half-sheet  to  which  this  is  attached  (the  sheet  is  evidently  cor- 
rected in  two  places  by  John   McKnitt  Alexander,  as  marked  on 


THE  DAVIE  COPY  445 

it— the  half-sheet  is  in  his  own  handwriting)  were  found  after  the  »77S 

death  of  John  McKnitt  Alexander  in  his  old  mansion-house  in  the  *"*"" 

centre  of  a  roll  of  old  pamphlets,  viz. :  'an  address  on  public  liberty, 
printed  Philadelphia,  1774';  one  'on  the  disputes  with  G.  Britain, 
printed  1775* ;  one  'on  State  affairs,  printed  at  Hillsboro,  1788' ;  and 
'an  address  on  Federal  policy  to  the  citizens  of  N.  C,  a  1788';  and 
the  'Journal  of  the  Provincial  Congress  of  N.  C,  a  held  at  Hallifax, 
the  4  of  April,  1776/  which  papers  have  been  in  my  possession  ever 
since. 
"Certified  November  25,  1830. 

"J.  McKnitt/'* 

Among  the  certificates  then  published  was  one  from  Samuel  Wil-  Wilson 
son:  "I  do  hereby  certify  that  in  May,  1775,  a  committee  or  dele- 
gation from  the  different  militia  companies  in  this  county  met  in 
Charlotte,  and  after  consulting  together  they  publicly  declared  their 
independence  on  Great  Britain  and  on  her  government.  This  was 
done  before  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." 

John  Davidson  on  October  5,  1830,  wrote:  "As  I  am  perhaps  the  Davidson 
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  transaction.  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  declare  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  Inde- 
pendence, which  he  did.  James  Jack  was  appointed  to  take  it  on  to 
the  American  Congress.  .  .  .  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  people  of  Mecklenburg  was  made 
public  at  least  twelve  months  before  that  of  the  Congress  of  the 
United  States." 

*W.  H.  Hoyt's  work  on  "The  Mecklenburg  Declaration  of  Inde- 
pendence," 1907,  where  both  the  notes  on  the  half  sheet  and  the 
writing  on  the  full  sheet  are  reproduced  from  the  Bancroft  manu- 
scripts. 


446 


THE  MECKLENBURG  RESOLVES,  1775 


raham 


The  public 
meeting 


Out  of 
protection 


The  public 
meeting 


Hunter's 
statement 


General  Joseph  Graham  wrote  October  4,  1830:  "Agreeably  to  your 
request  I  will  give  you  the  details  of  the  Mecklenburg  Declaration  of 
Independence  on  May  20,  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  popu- 
lar meetings  of  the  people  were  held  in  Charlotte,  two  of  which  I 
attended.  Papers  were  read,  grievances  stated  and  public  measures 
discussed.  ...  On  May  20,  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  bat- 
tle of  Lexington,  April  19th  preceding,  had  arrived.  There  appeared 
among  the  people  much  excitement.  The  committee  were  organized 
in  the  court-house  by  appointing  Abraham  Alexander,  Esq.,  chair- 
man and  John  McKnitt  Alexander,  Esq.,  clerk,  or  secretary  to  the 
meeting.  After  reading  a  number  of  papers  as  usual,  and  much  ani- 
mated discussion,  the  question  was  taken,  and  they  resolved  to  de- 
clare themselves  independent. 

"One  among  other  reasons  offered,  that  the  king  or  ministry  had, 
by  proclamation  or  some  edict,  declared  the  colonies  out  of  the  pro- 
tection of  the  British  crown ;  they  ought,  therefore,  to  declare  them- 
selves 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.  Kcnnon,  an  attorney,  and  a  third 
person  whom  I  do  not  recollect,  were  appointed  to  draft  their  dec- 
laration. .  .  .  The  sub-committee  appointed  to  draft  the  resolutions 
returned,  and  Dr.  Ephraim  Brevard  read  their  report,  as  near 
as  I  can  recollect,  in  the  very  words  we  have  since  seen  them  several 
times  in  print.  It  was  unanimously  adopted,  and  shortly  afterward 
it  was  moved  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.  ..." 

In  a  memoir  of  his  life  Rev.  Humphrey  Hunter,*  who  was  present 
at  the  meeting  in  Charlotte,  being  then  twenty  years  of  age,  and 
deeply  interested,  says :  "Orders  were  presently  issued  by  Colonel 

*"This  memoir  is  dated  in  1827  and  appears  to  be  a  response  to  a 
request  made  by  Dr.  Alexander  (Joseph  McKnitt).  and  thus  loses, 
in  some  degree,  the  authority  to  which  it  miijht  otherwise  have  been 
entitled  had  it  been  a  contemporaneous  production."  (Address  of 
R.  M.  Saunders,  1852.)  Hunter  was  then  seventy-two  years  of  age. 
He  died  August  21,  1827. 


STATEMENTS  OF  GRAHAM  AND  HUNTER         447 

Thos.  Polk  to  the  several  militia  companies,  that  two  men,  selected  *775 

from  each  corps,  should  meet  at  the  court-house  on  May  19,  1775,  The  moving: 
in  order  to  consult  with  each  other  upon  such  measures  as  might  c:,use 
be  thought  best  to  be  pursued.  Accordingly  on  said  day  a  far  larger 
number  than  two  out  of  each  company  were  present.  .  .  .  Then  a 
full,  a  free,  and  dispassionate  discussion  obtained  on  the  various 
subjects  for  which  the  delegation  had  been  convened,  and  the  fol- 
lowing resolutions  were  unanimously  adopted:  [Resolutions  like 
those  published  in  the  Register.]  .  .  .  Then  a  select  committee  was 
appointed  to  report  on  the  ensuing  day  a  full  and  definite  statement 
of  grievances,  together  with  a  more  correct  and  formal  draft  of 
the  Declaration  of  Independence.  These  proceedings  having  been 
thus  arranged  and  somewhat  in  readiness  for  promulgation,  the 
delegates  then  adjourned  until  to-morrow,  at  12  o'clock.  May  20th, 
at  12  o'clock,  the  delegation,  as  above,  had  convened.  The  select 
committee  were  also  present  and  reported  agreeably  to  instructions, 
viz. :  a  statement  of  grievances  and  formal  draft  of  the  Declaration 
of  Independence,  written  by  Ephraim  Brevard,  chairman  of  the  said 
committee,  and  read  by  him  to  the  delegation.  The  resolves,  by- 
laws and  regulations  were  read  by  John  McKnitt  Alexander.  .  .  . 
There  was  not  a  dissenting  voice.  Finally,  the  whole  proceedings  The  public 
were  read  distinctly  and  audibly  at  the  court-house  door,  by  Colonel  meetln* 
Thomas  Polk,  to  a  large,  respectable  and  approving  assemblage  of 
citizens  who  were  present  and  gave  sanction  to  the  business  of  the 
day." 

The  accuracy  of  the  statements  made  in  the  manuscripts  found 
by  Dr.  Joseph  McKnitt  Alexander  was  for  a  generation  unquestioned 
in  North  Carolina.  It  was  only  after  the  discovery  of  the  contem- 
poraneous publication  of  other  resolutions,  adopted  at  Charlotte  on 
May  31,  1775,  of  similar  import,  that  any  suggestion  of  inaccuracy 
arose. 

In  1838  a  Pennsylvania  newspaper  of  1775  was  found  containing  Resolves  of 
several  resolutions  adopted  at  Charlotte  on  May  31,  1775;  and  in  ^\^0^ld 
1847,  a  copy  of  the  South  Carolina  Gazette  and  Country  Journal, 
published  at  Charleston,  of  the  date  of  June  16,  1775,  was  found. 
It  contained  a  full  series  of  resolutions  adopted  at  Charlotte,  May 
31,  1775.  Later  other  papers  were  found  containing,  in  part,  the 
same  resolutions.  No  contemporaneous  reference  to  any  other  res- 
olutions than  those  of  May  31st  has  ever  been  discovered. 

After  the  Resolves  of  May  31st  were  brought  to  light  in  1847 
many  persons  believed  that  they  were  the  only  ones  adopted  at 
Charlotte,  while  others  adhered  to  their  belief  in  the  genuineness 
of  the  "Declaration  of  May  20th."  The  subject  has  been  ably  dis- 
cussed by  some  of  the  most  eminent  of  our  citizens.     The  original 


448 


THE  MECKLENBURG  RESOLVES,  1775 


Hoyt, 

The 

Mecklen- 


papers,  the  half  sheet  in  the  handwriting  of  John  McKnitt  Alexan- 
der, the  full  sheet  in  the  unknown  handwriting,  the  Davie  copy 
with  its  certificate,  and  other  documents  connected  with  the  subject 
passed  into  the  hands  of  Governor  D.  L.  Swain,  but  are  now  lost 

Recently  a  copy  of  the  North  Carolina  Gazette,  published  at  New 
Bern  June  16,  1775,  was  found,  containing  the  Resolves  of  May  31st, 
and  a  transcript  of  the  same  Resolves,  published  in  the  Cape  Fear 
Mercury,  probably  in  the  issue  of  June  23,  1775,  sent  to  England  by 
Governor  Josiah  Martin,  has  been  found  and  published.  It  is  to 
be  observed  that  at  the  period  of  the  first  publication  there  was 
no  question  as  to  the  particular  details,  and  the  witnesses  gave  testi- 
Indf,  st?'0  mony  concerning  the  general  subject  that  in  May,  1775,  there  were 
proceedings  in  Mecklenburg  declaring  independence. 

Some  described  the  public  meeting  at  which  the  resolutions  were 
proclaimed  by  Colonel  Polk;  others  did  not  mention  that  meeting. 
The  Alexander  document  of  1800  states  that  the  delegates  met  on 
May  19th  and  continued  in  session  until  2  o'clock  on  the  morning 
of  the  20th,  when  the  resolutions  were  adopted,  and  makes  no 
reference  to  any  public  meeting.  Rev.  Humphrey  Hunter  states 
that  the  meeting  was  on  the  19th,  and  on  the  20th  there  was  the 
public  proclamation.  General  George  Graham  and  several  others 
testify,  to  the  best  of  their  recollection  and  belief,  that  the  meeting 
was  on  the  19th  and  that  there  was  a  public  meeting  on  the  20th. 
General  Joseph  Graham  says  that  the  delegates  met  on  the  20th 
and  that  the  resolutions  were  adopted,  and  shortly  afterward  were 
proclaimed.  Other  witnesses  give  an  account  of  the  public  meeting. 
Many  merely  say  that  the  proceedings  were  in  May,  1775. 

The  evidence  shows  that  there  were  some  meetings  of  the  leading 
citizens;  that  Colonel  Polk  caused  the  election  of  two  men  from 
each  militia  district,  who  met  in  Charlotte  in  May;  that  there  was 
a  protracted  meeting  extending  into  the  night ;  that  the  next  day  the 
resolutions  having  been  adopted  were  proclaimed  at  a  large  public 
meeting  by  Colonel  Polk  and  were  received  with  enthusiasm. 

General  Joseph  Graham  says:  "One  among  other  reasons  offered 
was  that  the  king  or  ministry  had  by  proclamation  or  some  edict 
declared  the  colonies  out  of  the  protection  of  the  British  Crown." 
That  idea  finds  expression  in  the  preamble  to  the  Resolves  of  May 
31st  published  at  the  time,  and  is  not  referred  to  in  the  Alexander 
document  of  1800. 

Mr..  Si  meson  says:  "In  addition  to  what  I  have  said,  the  same 
committee  appointed  three  men  to  secure  all  the  military  stores  for 
the  county's  use — Thomas  Polk,  John  Phifer  and  Joseph  Kennedy. 
I  was  under  arms  near  the  head  of  the  line,  near  Colonel  Polk,  and 
heard  him  distinctly  read  a  long  string  of  grievances,  the  declara- 


The 

Resolves  of 
May  31st  fit 

the 
description 


CONTEMPORANEOUS  PUBLICATIONS  449 

tion,  and  military  order  above."    The  resolution  appointing  Colonel  177s 

Polk  and   Dr.   Joseph   Kennedy   a  committee   to   get  ammunition,  ~*~ 

as  recalled  by  the  witness,  is  the  last  of  the  Resolves  of  May  31st, 
and  is  not  a  part  of  the  document  of  1800.  The  testimony  of  Gen- 
eral Graham  and  Mr.  Si  me  son  connects  the  public  meeting  with  the 
Resolves  of  May  31st 

These  and  other  circumstances  lead  to  the  belief  that  inasmuch  What  the 
as  none  of  the  witnesses  speak  of  two  public  meetings,  at  which  proves 
Colonel  Polk  proclaimed  independence,  there  was  but  one  such 
meeting;  and  the  Resolutions  which  he  read  were  those  of  May  31st, 
published  on  June  13th  in  Charleston;  June  16th  in  New  Bern  and 
June  23d  at  Wilmington,  and  in  part,  in  the  northern  papers.  If 
there  was  any  other  public  meeting,  it  is  not  mentioned  by  any  one. 
If  there  were  any  other  Resolutions  ever  adopted  and  proclaimed,  no 
copy  was  preserved. 

Governor  Swain  thus  speaks  of  the  Davie  copy :  "It  was  not  taken 
from  the  record ;  it  is  not  shown  to  be  a  copy  of  a  copy,  or  that  there 
was  a  copy  extant  in  September,  1800." 

The  author  in  seeking  to  give  effect  to  all  statements  as  far  as 
they  can  be  made  to  consist,  follows  those  witnesses  who  state  that 
the  delegates  convened  on  the  day  previous  to  the  public  meeting. 

He  follows  those  who  give  an  account  of  the  public  meeting,  and 
he  accepts  the  contemporaneous  publication  of  the  proceedings  as 
fixing  the  day,  and  as  containing  the  resolutions,  or  action  taken,  that 
being  the  only  contemporaneous  evidence. 

Variations  in  recollection,  after  the  passage  of  forty  or  fifty  years, 
may  be  expected;  and  no  witness,  after  forty  years  had  passed, 
would  probably  undertake  to  repeat  from  memory  a  set  of  Resolu- 
tions of  which  he  had  never  seen  a  written  copy. 

The  great  leading  fact  is  the  public  meeting  and  its  incidents,  the 
Resolves  adopted  and  ratified  by  the  people  and  published  to  the 
world  as  the  action  of  Mecklenburg. 

With   reference  to   the  difference   in  dates,   it  may  be  observed    Tne«lay. 

J  not  then  in 

that  Rev.  Mr.  Hunter,  who,  when  writing  his  memoirs,  appears  to  question 
have  copied  from  Alexander's  document  of  1800,  putting  the  meet- 
ing on  the  19th  of  May,  states  that  on  that  memorable  day  he 
was  twenty  years  and  fourteen  days  of  age;  and  he  also  states  that 
he  was  born  on  the  14th  day  of  May,  1755.  That  would  seem  to 
make  the  date  the  28th  day  of  May. 

If  when  the  Alexander  document  was  being  prepared,  the  date 
was  not  ascertained  from  any  record,  but  was  calculated,  and  the 
calculation  was  based  on  the  birthday  of  a  person  born  previous  to 
1752.  perhaps  the  eleven  days'  difference  between  the  Old  and 
New   Style  may  account  for  Alexander's  variation  from  the   true 


450  THE  MECKLENBURG  RESOLVES,  1775 

*775  date  stated  in  the  contemporaneous  publications.     Some  of  the  wit- 

nesses appear  to  have  followed  the  Alexander  document  as  to  the 
date — a  matter  then  of  minor  importance. 

It  is  further  to  be  noted  that  while  the  Alexander  document  dif- 
fers from  the  published  resolutions  in  language,  yet  it  embraces  the 
same  subject  matter,  and  the  purpose  seems  to  have  been  to  give  an 
account  of  the  same  transaction  and  event 

The  preamble  of  the  resolutions  of  May  31st,  "To  provide  in 
some  degree  for  the  exigencies  of  the  county  in  the  present  alarm- 
ing period,"  accords  with  the  purposes  of  the  election  of  the  dele- 
gates stated  by  the  witnesses  as  leading  to  the  meeting. 

THE  RESOLVES  OF  MAY  31  ST. 

(From  the  North  Carolina  Gazette,  June   16,   1775.     Published   at 
New  Bern.) 

Charlotte  Town,  Mecklenburg  County,  May  31st 

The  action         This  day  the  committee  met,  and  passed  the  following  Resolves: 

public  Whereas,  By  an  address  presented  to  his  Majesty  by  both  houses 

meeting         Qf  parijament  jn  February  last,  the  American  colonies  are  declared 

to  be  in  a  state  of  actual  rebellion,  we  conceive  that  all  laws  and 

commissions  confirmed  by,  or  derived  from,  the  authority  of  the 

king  or  Parliament  are  annulled  and  vacated,  and  the  former  civil 

constitution  of  these  colonies  for  the  present  wholly  suspended.    To 

provid#e  in  some  degree  for  the  exigencies  of  this  county  in  the 

present  alarming  period,  we  deem  it  proper  and  necessary  to  pass 

the  following  Resolves,  viz. : 

I.  That  all  commissions,  civil  and  military,  heretofore  granted 
by  the  Crown  to  be  exercised  in  these  colonies,  are  null  and  void, 
and  the  constitution  of  each  particular  colony  wholly  suspended. 

II.  That  the  provincial  congress  of  each  province,  under  the  direc- 
tion of  the  great  continental  congress,  is  invested  with  all  legislative 
and  executive  powers  within  their  respective  provinces,  and  that  no 
other  legislative  or  executive  power  does  or  can  exist  at  this  time  in 
any  of  these  colonies. 

III.  As  all  former  laws  are  now  suspended  in  this  province,  and 
the  congress  has  not  yet  provided  others,  we  judge  it  necessary  for 
the  better  preservation  of  good  order,  to  form  certain  rules  and 
regulations  for  the  internal  government  of  this  county,  until  laws 
shall  be  provided  for  us  by  the  congress. 

IV.  That  the  inhabitants  of  this  county  do  meet  on  a  certain  day 
appointed  by  this  committee,  and  having  formed  themselves  into 
nine  companies  (to  wit:  eight  for  the  county,  and  one  for  the  town 
of  Charlotte),  do  choose  a  colonel  and  other  military  officers,  who 


THE  RESOLVES  OF  MAY  31,  1775  451 

shall  hold  and  exercise  their  several  powers  by  virtue  of  this  choice,  *775 

and  independent  of  Great  Britain,  and  former  constitution  of  this  ~*~ 

province. 

V.  That  for  the  better  preservation  of  the  peace  and  administra- 
tion of  justice,  each  of  those  companies  do  choose  from  their  own 
body  two  discreet  freeholders,  who  shall  be  empowered  each  by 
himself,  and  singly,  to  decide  and  determine  all  matters  of  contro- 
versy arising  within  the  said  company,  under  the  sum  of  twenty 
shillings,  and  jointly  and  together  all  controversies  under  the  sum 
of  forty  shillings,  yet  so  as  their  decisions  may  admit  of  appeal  to 
the  convention  of  the  select  men  of  the  whole  county ;  and  also,  that 
any  one  of  these  shall  have  power  to  examine  and  commit  to  con- 
finement persons  accused  of  petit  larceny. 

VI.  That  those  two  select  men,  thus  chosen,  do,  jointly  and  to- 
gether, choose  from  the  body  of  their  particular  company  two  per- 
sons, properly  qualified  to  serve  as  constables,  who  may  assist  them 
in  the  execution  of  their  office. 

VII.  That  upon  the  complaint  of  any  persons  to  either  of  these 
select  men,  he  do  issue  his  warrant,  directed  to  the  constable,  com- 
manding him  to  bring  the  aggressor  before  him  or  them  to  answer 
the  said  complaint. 

VIII.  That  these  select  eighteen  select  men  thus  appointed  do 
meet  every  third  Tuesday  in  January,  April,  July,  and  October,  at 
the  court-house  in  Charlotte,  to  hear  and  determine  all  matters  of 
controversy  for  sums  exceeding  forty  shillings,  also  appeals;  and 
in  cases  of  felony,  to  commit  the  person  or  persons  convicted 
thereof  to  close  confinement  until  the  provincial  congress  shall  pro- 
vide and  establish  laws  and  modes  of  proceeding  in  such  cases. 

IX.  That  these  eighteen  select  men,  thus  convened,  do  choose  a 
clerk,  to  record  the  transactions  of  the  said  convention;  and  that 
the  said  clerk,  upon  the  application  of  any  person  or  persons  ag- 
grieved, do  issue  his  warrant  to  one  of  the  constables  to  summons 
and  warn  the  said  offender  to  appear  before  the  convention  at  their 
next  sitting,  to  answer  the  aforesaid  complaint. 

X.  That  any  person  making  complaint,  upon  oath,  to  the  clerk, 
or  any  member  of  the  convention,  that  he  has  reason  to  suspect 
that  any  person  or  persons  indebted  to  him  in  a  sum  above  forty 
shillings  do  intend  clandestinely  to  withdraw  from  the  county  with- 
out paying  the  debt ;  the  clerk,  or  such  member,  shall  issue  his  war- 
rant to  the  constable,  commanding  him  to  take  the  said  person  or  per- 
sons into  safe  custody,  until  the  next  sitting  of  the  convention. 

XI.  That  when  a  debtor  for  a  sum  above  forty  shillings  shall 
abscond  and  leave  the  county,  the  warrant  granted  as  aforesaid  shall 
extend  to  any  goods  or  chattels  of  the  said  debtor  as  may  be  found, 


452  THE  MECKLENBURG  RESOLVES,  1775 

UJ*  and  such  goods  or  chattels  be  seized  and  held  in  custody  by  the 

constable  for  the  space  of  thirty  days,  in  which  term,  if  the  debtor 
fail  to  return  and  discharge  the  debt,  the  constable  shall  return  the 
warrant  to  one  of  the  select  men  of  the  company  where  the  goods 
were  found,  who  shall  issue  orders  to  the  constable  to  sell  such  a 
part  of  the  said  goods  as  shall  amount  to  the  sum  due;  that  when 
the  debt  exceeds  forty  shillings,  the  return  shall  be  made  to  the 
convention,  who  shall  issue  the  orders  for  sale. 

XII.  That  receivers  and  collectors  for  quit  rents,  public  and 
county  taxes,  do  pay  the  same  into  the  hands  of  the  chairman  of 
this  committee,  to  be  by  them  disbursed  as  the  public  exigencies  may 
require.  And  that  such  receivers  and  collectors  proceed  no  further 
in  their  office  until  they  be  approved  of  by,  and  have  given  to  this 
committee  good  and  sufficient  security  for  a  faithful  return  of  such 
moneys  when  collected. 

XIII.  That  the  committee  be  accountable  to  the  county  for  the 
application  of  all  moneys  received  from  such  officers. 

XIV.  That  all  these  officers  hold  their  commissions  during  the 
pleasure  of  their  respective  constituents. 

XV.  That  this  committee  will  sustain  all  damages  that  may  ever 
hereafter  accrue  to  all  or  any  of  these  officers  thus  appointed,  and 
thus  acting,  on  account  of  their  obedience  and  conformity  to  these 
Resolves. 

XVI.  That  whatever  person  shall  hereafter  receive  a  commission 
from  the  Croivn,  or  attempt  to  exercise  any  such  commission  here- 
tofore received,  shall  be  deemed  an  enemy  to  his  country;  and  upon 
information  being  made  to  the  captain  of  the  company  where  he 
resides,  the  said  captain  shall  cause  him  to  be  apprehended  and 
conveyed  before  the  two  select  men  of  the  said  company,  who, 
upon  proof  of  the  fact,  shall  commit  him  the  said  offender  into  safe 
custody,  until  the  next  sitting  of  the  convention,  who  shall  deal 
with  him  as  prudence  may  direct. 

XVII.  That  any  person  refusing  to  yield  obedience  to  the  above 
Resolves  shall  be  deemed  equally  criminal,  and  liable  to  the  same 
punishment,  as  the  offenders  above  last  mentioned. 

XVIII.  That  these  Resolves  be  in  full  force  and  virtue  until  in- 
structions from  the  general  congress  of  this  province,  regulating 
the  jurisprudence  of  this  province,  shall  provide  otherwise,  or  the 
legislative  body  of  Great  Britain  resign  its  unjust  and  arbitrary  pre- 
tensions with  respect  to  America. 

XIX.  That  the  several  militia  companies  in  this  county  do  pro- 
vide themselves  with  proper  arms  and  accoutrements,  and  hold 
themselves  in  constant  readiness  to  execute  the  commands  and  direc- 
tions of  the  provincial  congress,  and  of  this  committee. 


THE  DOCUMENT  SENT  TO  ENGLAND 


453 


XX.  That  this  committee  do  appoint  Colonel  Thomas  Polk  and 
Dr.  Joseph  Kennedy  to  purchase  300  pounds  of  powder,  600  pounds 
of  lead,  and  1000  flints;  and  deposit  the  same  in  some  safe  place 
hereafter  to  be  appointed  by  the  committee. 

Signed  by  order  of  the  committee, 

Eph.  Brevard, 

Clerk  of  the  committee. 


Extract  from  Report  of  Historical  Manuscripts  Commission,  Four- 
teenth Annual  Report,  Appendix,  part  X  (1895);  Presented  to 
both  Houses  of  Parliament  by  Command  of  her  Majesty. 

(Manuscripts  Earl  of  Dartmouth,  vol.  II.,  Amer.  Papers,  p.  323:) 

North  Carolina 
N.  D.  (May  31,  1775)  resolutions  (20)  of  a  committee  of  the  county 
of  Mecklenburg  in  North  Carolina,  signed  at  Charlotte  Town,  by 
order  of  the  committee,  Ephraim  Brevard.  Suspending  all  laws 
and  commissions  given  by  the  Crown,  and  proposing  measures  to 
establish  a  government  for  the  province. 

Four  folio  pages. 

Endorsed:     In  Governor  Martin's  of  June  30,  1775.     No.  34.  Mntb°Py 

W.  H.  Hoyt,  "The  Mecklenburg  Declaration,"  at  page  276,  gives  a    Governor 
copy  of  these  Resolves,  transmitted  by  Governor  Martin.    They  are 
the  Resolves  of  May  31,  1775. 


Martin 


Extracts  from  the  records  of  Mecklenburg  County 


April,  1775, 
North  Carolina, 
Mecklenburg  County. 


At  an  Inferior  Court  of  Pleas  and  Quar- 
ter   Sessions    begun    and    held    for    the 
county  of  Mecklenburg,  on  the  third  Tues- 
J  day  in  April,   1775. 

Present  the  Worshipful 

Robert  Harris,  J 

Hezekiah  Alexander,  v    Esqrs. 

Robert  Irwin.  ) 

July,  1775,  J        At  an  Inferior  Court  of  Pleas  and  Quar- 

North  Carolina,  v    ter  Sessions  begun  and  held   in  the  said 

Mecklenburg  County.   )    county,  on  the  third  Tuesday  in  July,  1775. 

Present  the  Worshipful 

Robert  Harris, 

Abraham    Alexander,  y  Esqrs. 

Robert  Irwin. 


The  king's 
justices  in 
Mecklen- 
burg 


454  THE  MECKLENBURG  RESOLVES,  1775 

•*•       j  Z  e,\     r  Same  as  above. 
3d  Tuesday.   j 

January  1776,  |  Same  as  above 

3d  Tuesday,      j 


J \  1*'     j    '       !■     Same  as  above. 
3d  Tuesday.      j 

Conditions  in  May 

At  Philadelphia  the  North  Carolina  deputies  were  carried 
away  by  the  enthusiasm  that  pervaded  the  northern  colonies. 
Hooper  wrote  to  Harnett  and  to  Sam  Johnston  urging  the 
necessity  of  having  a  provincial  convention  immediately  after 
the  adjournment  of  the  general  congress,  and  apprehensions 
were  expressed  lest  North  Carolina  should  delay  too  long 
the  organization  of  troops.  But  even  then  companies  were 
being  formed  throughout  the  province,  and  in  Rowan,  Meck- 
lenburg, Tryon  and  in  other  counties  public  action  emanated 
from  the  militia  districts. 

Mecklenburg  declares  independence 

Indeed,  so  far  from  the  people  of  North  Carolina  being 
indifferent  or  supine,  a  step  forward  was  now  taken 
in  Mecklenburg  County  that  was  far  in  advance  of  the 
desires  of  either  Hooper,  Hewes,  or  Caswell,  or  their  asso- 
ciates in  congress.  It  was  a  declaration  of  independence, 
In  March  and  April  there  had  been  many  meetings  of  the 
Committee  of  Safety  in  Mecklenburg.  The  occupation  of 
Boston  by  a  hostile  British  army  was  a  thorn  in  the  flesh. 
The  inhabitants  of  that  town  were  suffering  from  their 
adherence  to  the  rights  of  America,  and  again  the  cry  rang 
throughout  Mecklenburg  that  the  cause  of  Boston  was  the 
cause  of  all.  In  May  came  the  exciting  news  that  Parlia- 
ment in  its  address  to  the  king  had  declared  the  colonies  in 
rebellion,  and  therefore  out  of  the  protection  of  the  law. 
The  leaders  felt  that  a  storm  was  about  to  burst  on  the 
heads  of  the  patriotic  people.  It  was  determined  to  prepare 
for  it.  Public  meetings  were  held  in  various  parts  of  the 
country,  and  the  prevailing  sentiment  was  found  to  be  one 
of  resolution.  After  conference,  Colonel  Thomas  Polk,  the 
commanding  officer  of  the  county,  called  for  an  election  of 
two  representatives  from  each  of  the  nine  militia  districts  of 


MECKLENBURG  ACTS  455 

the  county  to  take  into  consideration  the  state  of  the  country  xjn 

and  to  adopt  such  measures  as  seemed  necessary  to  safe- 
guard their  liberties.    The  election  was  held  and  amid  great  ^gJSS,. 
excitement  the  delegates  convened  at  Charlotte,  and  with  gjjjjj0* 
them  came  their  friends  and  neighbors,  so  that  nearly  one- 
half  of  all  the  arms-bearing  men  of  the  county  assembled  in 
that  little  hamlet.    As  great  as  was  the  occasion,  the  excite- 
ment was  largely  increased  by  the  arrival  of  the  news  of  the 
battle  of  Lexington,  which  had  swept  through  the  country 
like  a  whirlwind,   stirring  the  people  to  the  profoundest 
depths.     To  the  meeting  came  all  the  leading  inhabitants, 
the  Polks,  Alexanders,  Brevards,  Davidsons,  and  all  who 
were  leaders  in  thought  and  action.    They  met  on  the  30th  meetfng** 
day  of  May,  in  the  court-house,  and  Abraham  Alexander 
was  called  to  the  chair.     A  number  of  papers  were  read. 
Stress  was  laid  on  the  action  of  Parliament  declaring  the 
colonies  in  rebellion.     As  they  were  held  to  be  rebels,  the 
leaders  urged  that  they  should   renounce  their  allegiance 
and   declare   themselves    independent.     An   objection   was 
made:   If  we  resolve  on  independence,  how  shall  we  be 
absolved  from  the  oath  of  allegiance  we  took  after  the  Regu- 
lation battle?     With  hot  indignation  the  answer   came — 
That  allegiance  and  protection  were  reciprocal;  when  pro- 
tection  was  withdrawn,  allegiance   ceased.     Independence  statement 
was    resolved    on,    and    a    committee    composed    of    Dr.  Graham* 
Ephraim  Brevard  and  others  was  appointed  to  prepare  the 
resolutions.     The  discussion  continued  far  into  the  night, 
and  then  the  delegates  adjourned  to  reassemble  at  noon. 
At  twelve  o'clock  the  following  day,  the  delegates  again  met  May  3JSt, 
and  the  resolutions  prepared  by  Dr.  Brevard  were  read  and  ay 

adopted. 

It  was  resolved  that  all  commissions  granted  by  the 
Crown  were  null  and  void ;  that  no  other  authority  than  that 
of  the  Continental  Congress  and  the  provincial  congresses 
existed  in  any  of  the  colonies ;  that  military  officers  should  independ- 
be  elected  who  should  hold  their  offices  independent  of  Great 
Britain,  and  an  independent  local  government  was  provided 
for. 

These  bold  resolutions  having  been  adopted  by  the  dele- 
gates, it  was  determined  that  the  action  taken  should  be 


456 


THE  MECKLENBURG  RESOLVES,  1775 


May 


Statements 
of  Simeson, 
Cummins, 
Graham, 


Hunter 


proclaimed  at  the  court-house  door,  and  be  formally  an- 
nounced to  the  people,  who,  animated  by  ardor,  patriotism 
and  excitement,  had  come  together  in  great  numbers  to  par- 
ticipate in  the  proceedings  of  the  day.  Colonel  Polk,  the 
leader  in  the  measure,  standing  on  the  high  steps  of  the 
court-house,  read  the  resolutions  to  the  eager  crowd ;  and  the 
people  with  much  enthusiasm  approved  and  endorsed  this 
first  assertion  of  independence.  As  a  manifestation  of  their 
approval  cheers  were  given,  hats  were  thrown  into  the  air, 
and  with  enthusiastic  applause  the  people  ratified  the  great 
action  taken  by  the  delegates.  Mecklenburg  thus  first  gave 
expression  to  that  spirit  of  independence  which  later 
developed  elsewhere,  finally  leading  to  a  total  abandonment 
of  all  desire  for  reconciliation  with  the  mother  country. 

By  these  Resolves  all  laws  and  commissions  emanating 
from  the  royal  government  were  annulled,  and  the  former 
civil  constitutions  of  the  colonies  were  declared  wholly  sus- 
pended ;  and  also  it  was  declared  that  no  other  power  existed 
in  any  of  the  provinces  but  the  provincial  congresses  under 
the  direction  of  the  Continental  Congress. 

It  being  decreed  that  all  laws,  commissions,  and  authority 
were  abrogated,  there  was  established  a  new  government  to 
replace  the  old  one.  The  plan  provided  that  the  inhabitants 
of  the  county  should  form  themselves  into  nine  military  com- 
panies, and  choose  a  colonel  and  other  military  officers,  who 
should  hold  their  power  by  virtue  of  the  people's  choice,  and 
independent  of  the  Crown  and  of  the  former  constitution  of 
the  province;  that  each  of  these  companies  should  appoint 
two  freeholders  to  exercise  judicial  functions  under  the 
name  of  "selectmen" ;  that  these  eighteen  "selectmen"  should 
hold  a  court  for  the  county,  and  should  meet  at  Charlotte 
quarterly  for  that  purpose. 

It  was  further  decreed  that  any  person  thereafter  receiv- 
ing any  commission  from  the  Crown,  or  attempting  to  exer- 
cise any  commission  theretofore  received,  should  be  deemed 
an  enemy  to  the  country  and  should  be  apprehended.  All 
public  moneys  collected  were  to  be  paid  to  the  chairman  of 
the  Committee  of  Safety;  the  military  companies  were  to 
hold  themselves  in  readiness  to  execute  the  commands  of  the 
general  congress  and  of  the  committee  of  the  county,  and 


The 

independent 

government 


THE  IMPRESSION  PRODUCED  457 

Colonel  Thomas  Polk  and  Dr.  Joseph  Kennedy  were  directed  w 

to  purchase  a  supply  of  ammunition. 

Those  who  appeared  to  take  the  lead  in  the  proceedings  statement 
resulting  in  this  action,  according  to  the  recollection  of  James  ReSultST' 
Jack,  were  Hezekiah  Alexander,  who  generally  acted  as  ** 
chairman ;  John  McKnitt  Alexander,  as  secretary ;  Abraham 
Alexander,  Adam  Alexander,  Major  John  Davidson,  Major 
William   Davidson,   Colonel   Thomas   Polk,   Ezekiel   Polk, 
Dr.  Ephraim  Brevard,  Samuel  Martin,  Duncan  Ochletree, 
William   Willson,    and   Robert   Irvin.     Others   mentioned  Theact0" 
were  Waightstill  Avery,  William  Kennon,  William  Graham, 
John  Flenniken,  James  Harris  and  David  Reece. 

These  Resolutions  of  the  people  of  Mecklenburg  com- 
pletely overthrowing  the  colonial  government  and  establish- 
ing a  free  and  independent  government  founded  on  the  will 
of  the  people,  were  published  on  June  16, 1775,  at  New  Bern, 
in  the  North  Carolina  Gazette,  and  on  June  13th  in 
the  newspaper  at  Charleston,  and  in  the  Cape  Fear  Mer- 
cury, published  at  Wilmington,  probably  in  its  issue  of 
June  23d.  Their  publication  produced  a  profound  impres- 
sion. The  action  at  Mecklenburg,  indeed,  stirred  the  hearts 
of  the  patriot  leaders  and  awoke  enthusiasm  in  the  breasts 
of  their  associates  throughout  the  colony,  while  they  aroused 
the  ire  of  Governor  Martin  and  caused  dismay  among  the 
adherents  of  the  Crown. 

Wright,  the  royal  governor  of  Georgia,  hastened, 
June  20th,  to  transmit  a  copy  of  the  Charleston  paper  to 
England,  and  Governor  Martin  forwarded  the  Cape  Fear 
Mercury,  saying:  "I  daily  see  indignantly  the  sacred  majesty  c  r., x, 
of  my  royal  master  insulted,  ...  his  government  set  at  naught  47« 48 
.  .  .  and  the  whole  constitution  unhinged  and  prostrate,  and 
I  live,  alas!  ingloriously  only  to  deplore  it.  The  Resolves 
of  the  committee  of  Mecklenburg,  which  your  Lordship 
will  find  in  the  enclosed  newspaper,  surpass  all  the  horrid 
and  treasonable  publications  that  the  inflammatory  spirits  of 
this  continent  have  yet  produced.  ...  A  copy  of  these  Re- 
solves, I  am  informed,  were  sent  off  by  express  to  the  con- 
gress at  Philadelphia  as  soon  as  they  were  passed  in  the 
committee."  And  on  June  25th,  two  days  after  the  publica- 
tion at  Wilmington,  and  as  soon  as  he  could  convene  the 


458  THE  MECKLENBURG  RESOLVES,  1775 

™  council  at  Fort  Johnston,  he  brought  to  its  attention  "the  late 

?« * ' X' a8  most  treasonable  publication  of  a  committee  in  the  county 
of  Mecklenburg,  explicitly  renouncing  obedience  to  his 
Majesty's  government  and  all  lawful  authority  whatsoever" ; 
and  on  August  8th,  in  a  proclamation,  he  said :  "I  have  also 
seen  a  most  infamous  publication  in  the  Cape  Fear  Mercury 
importing  to  be  resolves  of  a  set  of  people  styling  themselves 
a  committee  for  the  county  of  Mecklenburg  most  traitor- 
ously declaring  the  entire  dissolution  of  the  laws,  govern- 
c.  r.,  x,  ment,  and  constitution  of  this  country,  and  setting  up  a  sys- 
144  tern  of  rule  and  regulation  repugnant  to  the  laws  and  sub- 

versive of  his  Majesty's  government." 

The  Mecklenburg  committee,  conscious  of  the  important 
advance  they  had  made,  determined  to  send  a  messenger  post 
haste  with  their  resolutions  to  the  congress  at  Philadelphia. 
James  Jack,  young  and  vigorous,  and  a  determined  patriot, 
undertook  the  task.  At  Salisbury,  on  Thursday,  June  1st, 
Colonel  Alexander  Martin,  who  had  been  appointed  by  Gov- 
ernor Martin  a  judge  under  the  temporary  act  creating 
courts  of  oyer  and  terminer,  opened  a  term  of  his  court.* 
Colonel  Martin  was  a  deputy  from  Guilford  to  the  second 
provincial  convention,  which  had  recently  adjourned,  was  an 
earnest  patriot,  and,  together  with  the  other  delegates,  had 
signed  the  association  of  the  Continental  Congress.  On  the 
same  day  the  Committee  of  Safety  of  Rowan  also  met  at 
c.  rm  x,  Salisbury.  Rowan  differed  from  Mecklenburg,  as  a  much 
larger  proportion  of  its  inhabitants  had  been  Regulators 
and  were  bound  by  the  oath  imposed  by  Governor  Tryon, 
and  the  Rowan  committee  sought  by  moderate  resolutions  to 

♦The  charge  of  Judge  Alexander  Martin  at  this  term  of  the  court 
has  been  preserved  (the  South  Carolina  Gazette  and  Country  Jour- 
nal  of  July  11,  1775).  In  it  he  extolled  the  right  of  trial  by  jury, 
"which  our  glorious  ancestors  waded  through  seas  of  blood  to  obtain, 
and  compelled  even  majesty  to  ratify  by  that  sacred  paladium  of 
British  liberties,  the  Grand  Charter.  This,  with  other  peculiar  rights 
and  privileges,  the  sovereigns  of  Britain  through  a  long  series  of 
ages  have  plighted  their  faith  by  a  most  solemn  oath  to  maintain ; 
and  for  this  kingly  protection  the  subject  has  bound  himself  by  as 
solemn  a  tie  to  hold  allegiance  and  obedience  to  them  so  long  as 
they  shall  continue  to  hold  forth,  secure  and  defend  these  choice, 
incalculable  blessings  to  their  people ;  this  is  that  great,  that  recipro- 
cal union  between  the  king  and  the  people."  The  judge  inveighed 
against  popish  recusants.  "Let  me  dismiss  you,  then,  gentlemen," 
he  said,  "with  this  serious  injunction:  to  support  and  defend,  as  far 


RECEPTION  OF  THE  RESOLVES 


459 


induce  the  co-operation  of  those  not  inclined  to  adhere  to  the  lJJ» 

cause  of  the  colonies.  The  committee,  not  yet  having  infor-  £>««  »£  ^ 
mation  of  any  proceedings  at  Charlotte,  wrote  an  elaborate 
address  to  the  committee  of  Mecklenburg  requesting  an  ac- 
count of  their  proceedings,  promising  a  like  return  on  their 
part,  and  beseeching  them  by  the  ties  of  their  common  Prot- 
estant religion  to  exert  themselves  for  the  maintenance  of 
their  chartered  rights.  But  before  the  court  had  ended,  and 
it  adjourned  on  Tuesday,  June  6th,  Captain  Jack  reached 
Salisbury  on  his  way  to  Philadelphia.  At  the  request  of 
the  court,  he  handed  a  copy  of  the  Resolutions  to  Colonel 
Kennon,  and  they  were  read  aloud  in  open  court.  That  jjJJJ^" 
evening  Major  William  Davidson  and  Waightstill  Avery  statement 
called  at  the  lodgings  of  Captain  Jack  and  informed  him  that 
they  had  heard  of  but  one  person,  Mr.  Beard,  a  prominent 
attorney  and  a  cautious  man,  who  did  not  approve  of  them. 
Captain  Jack  proceeded  to  Philadelphia  and  delivered  the 
Resolutions  to  Caswell  and  Hooper,  North  Carolina  delegates 
in  congress. 

On  the  publication  of  the  Resolves  at  New  Bern,  Richard 
Cogdell,  the  chairman  of  the  Committee  of  Safety,  for- 
warded the  newspaper  to  Caswell,  at  Philadelphia,  saying:  Letters  at 
"You  will  observe  the  Mecklenburg  Resolves  exceed  all  other  Haye* 
committees  or  the  congress  itself."  About  a  week  later,  on 
June  27th,  Samuel  Johnston,  on  whom  rested  the  mantle  of 
the  lamented  Harvey,  wrote  to  Joseph  Hewes,  at  Philadel- 
phia :  "Tom  Polk,  too,  is  raising  a  very  pretty  spirit  in  the 
back  country  (see  the  newspapers).  He  has  gone  a  little 
farther  than  I  would  choose  to  have  gone,  but  perhaps  no 
farther  than  necessary."  That  it  was  generally  understood 
that  these  Resolves  constituted  a  declaration  of  independence, 
while  establishing  a  new  government,  is  evident  from  the 
records  of  the  Moravian  Church  at  Bethania  of  events 
occurring  during  the  year  1775.     "I  cannot  but  remark  at 

as  in  you  lies,  the  constitution  and  the  laws  of  your  country,  the 
just  prerogatives  of  the  Crown  and  the  declared  rights  of  the  people. 
This  is  liberty,  this  is  loyalty;  do  you  thus,  loyal  gentlemen,  and  you 
will  be  free."  The  address,  while  asserting  loyalty,  touched  on  those 
points  that  were  particularly  a  cause  of  excitement  among  the  Pres- 
byterians of  the  west,  and.gave  prominence  to  the  idea  of  a  reciprocal 
union  between  the  king  and  the  people,  which  if  broken  on  one  side, 
freed  the  other  from  allegiance. 


460  THE  MECKLENBURG  RESOLVES,  1775 

XJ™  the  end  of  the  1775th  year,"  wrote  the  annalist,  "during  the 

liSSirt11  summer  of  this  year,  that  in  the  month  of  May  or  June  the 
county  of  Mecklenburg,  in  North  Carolina,  declared  itself 
free  and  independent  of  England,  and  made  such  arrange- 
ments for  the  administration  of  justice,  which  proceeding  the 
Continental  Congress  at  this  time  considered  premature; 
afterward,  however,  the  Continental  Congress  later  extended 
same  over  the  whole  country."* 

The  Mecklenburg  Resolves  carried  to  Philadelphia  were  not 
officially  brought  to  the  attention  of  congress,  and  no  ref- 
erence was  made  to  them  in  the  proceedings  of  that  body,  f 
The  congress  was  not  prepared  for  the  step  taken.  As  yet 
the  government  of  king  and  Parliament  was  recognized  as 
lawfully  subsisting,  and  congress,  the  provincial  assemblies 
and  conventions  were  still  protesting  in  solemn  form  un- 
swerving allegiance,  as  faithful  subjects,  to  their  king  and 
country. 

The  avowed  purpose  was  still  complete  reconciliation; 
and  this  was  not  yet  a  forlorn  hope,  for  America-was  not 
without  friends  in  England.  As  congress  saw  it  on  one 
side  stood  the  deceived  monarch,  his  irate  "ministers  of  state, 
the  profligate  part  of  the  nobility,  and  the  corrupt  majority 

in  England  of  the  House  of  Commons ;  these  drag  an  army  to  blow  up 
the  blaze  of  civil  war."  On  the  other,  a  prince  of  the  blood, 
the  most  illustrious  among  the  nobility,  the  most  eloquent 
and  virtuous  commoners,  the  city  of  London  and  the  body 
of  the  English  nation — these  being  the  affectionate  friends 

c.  r.,  x,  57  of  America  and  of  liberty.  Distinguished  officers  retired 
from  the  army  rather  than  lift  a  hand  to  crush  liberty  in 
America,  saying  the  result  must  needs  be  the  destruction 

♦Translation  from  the  diary  of  Bethany  Church,  written  in  German, 
furnished  the  author  by  Rev.  J.  H.  Clewell,  principal  of  Salem 
Female  Academy.  The  statement  made,  that  the  Continental  Con- 
gerss  extended  same  over  the  whole  country,  must  have  reference 
to  the  establishment  of  local  government  by  committees  independent 
of  the  Crown,  unless  the  annalist  wrote  after  1776.  Miss  Fries,  of 
Salem,  who  has  investigated  the  subject,  asserts  that  he  wrote  in  1782. 

tAlthough  the  newspapers  at  Philadelphia  were  strongly  for  the 
Whigs,  they  did  not  reproduce  the  Mecklenburg  resolves  from  the 
Carolina  newspapers,  while  other  papers  at  the  north  did.  This  leads 
to  the  belief  that  Congress  sought  their  suppression  as  being  out  of 
harmony  with  its  purposes.  (Hoyt's  "The  Mecklenburg  Declara- 
tion," 80.) 


MECKLENBURG  AHEAD  OF  THE  TIMES  461 

of  liberty  in  Britain  and  the  establishment  of  tyranny  and  'J** 

despotism  on  the  ruins  of  the  British  constitution.  The 
mayor  and  aldermen  of  London  presented  a  remonstrance  J«»e 
to  the  king,  expressing  their  abhorrence  of  the  measures 
being  pursued  to  the  oppression  of  their  fellow-subjects  in 
America;  but  his  Majesty  rolled  under  his  tongue  the  word 
"rebellion" — for  the  Parliament  had  declared  that  the  col- 
onies were  in  a  state  of  rebellion — and  the  royal  purpose 
was  to  crush  them  into  submission. 

Yet  congress  still  hoped  by  the  aid  of  friends  in  England  S^JjJJJS" 
to  secure  a  restoration  of  former  conditions  with  a  recog-  for.juiygth 
nition  of  the  traditional  rights  of  the  American  colonies. 
On  July  8th,  after  a  dutiful  address  to  his  Majesty,  reassert- 
ing their  allegiance,  congress  issued  an  address  to  the  inhab- 
itants of  Great  Britain :  "We  are  accused  of  aiming  at  inde-  £•  R .,  x, 
pendence.  .   .   .  Give  us  leave  most  solemnly  to  assure  you 
that  we  have  not  yet  lost  sight  of  the  object  we  have  ever 
had  in  view — a  reconciliation  with  you  on  constitutional 
principles.  .   .   .  We  have  .   .   .  again  presented  an  humble 
and  dutiful  petition  to  our  sovereign,  and,  to  remove  every 
imputation  of  obstinacy,  have  requested  his  Majesty  to  direct 
some  mode  by  which  the  united  applications  of  his  faithful 
colonists  may  be  improved  into  a  happy  and  permanent 
reconciliation/' 

The  voice  of  Mecklenburg  was  thus  out  of  harmony  with 
the  solemn  declarations  of  congress,  and  no  notice  was  taken 
of  that  first  advance  into  the  realm  of  independence — the 
annulling  of  the  old  constitution  and  of  colonial  laws  and  the 
ordaining  of  an  independent  government  by  the  people 
themselves  as  the  only  source  of  power  and  sovereignty. 

But  while  congress  hoped  for  peace,  it  was  to  be  on  terms  APPrehen- 
satisfactory  to  America.     To  wring  concessions  from  the 
imperious  ministry,  a  bold  and  defiant  front  was  necessary. 

The  North  Carolina  delegates  in  congress,  fearing  that 
the  people  at  home  were  too  supine,  on  June  19th  united  c.  r.,  x,«© 
in  a  stirring  address,  which  they  sent  to  the  committees  of 
all  the  counties:  "We  conjure  you  by  the  ties  of  religion, 
virtue,  and  love  of  country  to  follow  the  example  of  your 
sister  colonies  and  form  yourselves  into  a  militia.  The  elec- 
tion of  the  officers  .   .  .  must  depend  on  yourselves.    Study 


fanned 


462  THE  MECKLENBURG  RESOLVES,  1775 

*™  the  art  of  military  with  the  utmost  attention;  view  it  as 

a  science  upon  which  your  future  security  depends." 
June  m  Daily  it  became  more  and  more  evident  that  the  contest 

tauSny  was  to  be  decided  on  the  battlefield.  The  men  in  arms 
at  Boston  were  local  minute  men,  drawn  together  from  the 
adjoining  provinces,  commanded  by  their  local  officers.  On 
June  15th  congress  made  a  great  step  forward,  and  adopted 
that  army  and  placed  it  on  a  continental  footing.  Washing- 
ton was  chosen  commander-in-chief.  On  the  20th  he  re- 
ceived his  commission,  and  the  next  day  he  departed  from 
Philadelphia  for  the  seat  of  war.  But  while  all  eyes  were 
centred  on  Boston,  congress,  in  view  of  Governor  Martin's 
activity,  became  apprehensive  for  the  safety  of  North  Caro- 
lina, and,  like  the  delegates,  urged  the  people  to  embody  as 
militia  under  proper  officers;  and  on  June  26th  it  resolved 
that  if  the  provincial  convention  should  think  it  necessary, 
it  might  raise  a  thousand  men  in  North  Carolina,  and  con- 
gress would  consider  that  force  a  part  of  the  American 
army,  and  take  it  into  the  pay  of  the  continent. 

Thomas  Jefferson 

On  June  21,  1775,  while  Captain  Jack  was  still  lingering 
at  Philadelphia,  after  presenting  the  Mecklenburg  Resolves 
declaring  independence  and  establishing  an  independent  gov- 
ernment for  that  community,  Thomas  Jefferson,  a  newly 
appointed  delegate  from  Virginia,  arrived  and  for  the  first 
time  took  his  seat  in  the  Continental  Congress.  He  had  just 
achieved  fame  as  the  author  of  the  Virginia  resolutions 
rejecting  the  conciliatory  proposition  of  Lord  North.  The 
ink  was  hardly  dry  with  which  he  had  penned  his  earnest 
appeal  "to  the  even-handed  justice  of  that  Being  who  doth 
no  wrong,  that  we  may  again  see  reunited  the  blessings  of 
liberty  and  prosperity  and  the  most  permanent  harmony  with 
Great  Britain.".  Like  John  Adams,  Hancock,  and  all  the 
other  members  of  the  congress,  Jefferson  was  expecting  to 
remain  a  British  subject,  and  desired  the  "most  permanent 
harmony  with  Great  Britain" ;  and  if  he  then  heard  of  the 
Mecklenburg  Resolves,  if  he  then  knew  of  the  mission  of 
Captain  Jack  to  the  congress,  his  thoughts  were  so  far  out 
of  harmony  with  the  proceedings  at  Mecklenburg  that  he 


OVERTURES  TO  THE  REGULATORS  463 

dismissed  them  from  his  mind  and  forgot  them ;  he  and  his  ^7J 

associates   were  not  yet   in   favor  of   such   revolutionary 
action.* 

The  Regulators 

Toward  the  end  of  June  Caswell  set  off  from  Philadelphia 
to  attend  the  convention,  which  was  to  convene  on  July  12th. 
After  his  departure  congress  received  copies  of  General 
Gage's  letter  to  Governor  Martin,  promising  to  send  for- 
ward ammunition,  and  of  Governor  Martin's  letter  asking 
for  a  king's  standard,  and  Hooper  and  Hewes  became  still 
more  alarmed  because  of  the  situation  in  North  Carolina. 
The  reliance  of  Governor  Martin  was  not  only  on  the  co- 
operation of  the  Highlanders,  but  on  expected  aid  from  the 
Regulators  in  the  interior.  From  Dan  River  to  the  South 
Carolina  line,  from  the  forks  of  the  Yadkin  to  the  Haw  and 
the  Deep,  there  were  thousands  of  inhabitants  who  had  never 
been  pardoned  and  who  still  called  themselves  "an  unhappy  c.  rm  ix, 
people,"  subject  to  the  penalties  of  their  former  insurrection.  "  If  x 
It  seemed  necessary  to  remove  their  grounds  of  apprehen- 
sion— to  place  before  them  considerations  why  they  should 
assist  in  maintaining  the  rights  of  the  people  as  British  sub- 
jects, and  to  assure  them  that  the  movement  was  not  a  rebel- 
lion with  the  object  of  seeking  independence.  To  accomplish 
this  purpose,  Hooper  and  Hewes  enlisted  the  aid  of  the  Pres- 
byterian ministers  at  Philadelphia  and  also  of  the  German 
Lutherans  and  Calvinists.  The  Presbyterian  ministers  c.  r.,x, 
joined  in  an  address  to  the  Presbyterian  congregations  in  jui"^ 
North  Carolina,  declaring  that  "there  was  no  desire  to  sep- 
arate from  the  parent  state.  Believe  no  man  that  dares  to 
say  that  we  desire  to  be  independent  of  our  mother  country." 

♦In  the  correspondence  of  Adams  and  Jefferson  in  1819  referring 
to  the  Mecklenburg  declaration  both  say  in  substance:  "Would  not 
every  advocate  of  independence  have  rung  the  glories  of  Mecklen- 
burg in  North  Carolina  in  the  ears  of  the  doubting  Dickensons  who 
hung  so  heavily  on  us?"  They  evidently  had  in  mind  a  subsequent 
period — when  they  themselves  were  advocating  independence;  not 
the  summer  of  1775,  when  they  were  still  seeking  reconciliation  with 
the  mother  country.  The  Mecklenburg  Resolves  appear  to  have  been 
suppressed  in  Philadelphia,  not  being  admitted  to  publication  there, 
while  published  in  whole  or  in  part  by  papers  at  other  points  at  the 
north. 


Aaguac 


Attfcev 


4^4  THE  MECKLENBURG  RESOLVES,  1775 

ljn  The  advices  from   Philadelphia  and  the  efforts  made   to 

reconcile  the  disaffected  element  in  the  interior  of  the  prov- 
ince and  to  bring  them  to  a  support  of  the  common  cause 
were  calculated  to  arrest  for  a  time  the  influences  that 
attended  the  action  at  Charlotte.  The  pendulum  swung  back- 
ward.* Allegiance  was  not  disavowed,  although  the  people 
prepared  for  war.  Court  proceedings  continued  to  be  held 
in  the  name  of  the  king,  and  notwithstanding  on  August  1st 
the  Rowan  committee  resolved  "that  one  thousand  volun- 
teers be  immediately  embodied  in  this  county,  elect  their 
staff  officers  and  be  ready  at  the  shortest  notice  to  march 
out  to  action,"  and  an  earnest  address  was  issued  calling 
on  the  people  to  "rouse  like  one  man  in  defence  of  our 
religion  from  popery,  our  liberty  from  slavery,  and  our  lives 
from  tormenting  death,"  yet  on  the  same  day  the  inferior 
court  of  Rowan  County  met  and  "his  majesty's  commission 
of  the  peace  was  publicly  read,"  and  John  Oliphant,  W.  T. 

c.r.,x,      Coles,  and  William  McBride,  Esqs.,  took  the  oaths  pre- 

ij4,  »35t  139  scribed  by  iaw>  and  proceeded  to  business ;  and  Waight- 
still  Avery,  Esq.,  was  appointed  attorney  for  the  Crown  in 
the  absence  of  John  Dunn,  Esq.,  deputy  attorney.  Farther 
to  the  west,  however,  the  profession  of  loyalty  was  condi- 
tional. The  committee  of  Tryon  County,  at  its  meeting  on 
August  14th,  adopted  an  association,  which  was  also  to  be 
signed  by  the  other  inhabitants  of  that  county,  "uniting 
under  the  most  sacred  ties  of  religion,  honor,  and  love  of 
country,  and  engaging  to  take  up  arms  and  risk  our  lives 
and  fortunes  in  maintaining  the  freedom  of  our  country," 
and  arranged  to  obtain  powder  and  ball  for  the  companies 
of  that  county;  but  resolving  unanimously  "that  we  will 
continue  to  profess  all  loyalty  and  attachment  to  our  sov- 

c.R.fx,      ereign  lord,  King  George  III,  his  crown  and  dignity,  so 


16) 


♦In  Mecklenburg  the  inferior  court  of  pleas  and  quarter  sessions 
continued  to  be  held  by  the  magistrates  theretofore  appointed  by 
Governor  Martin,  meeting  on  the  third  Tuesday  in  July,  1775.  and 
the  third  Tuesday  in  October,  and  so  on  quarterly,  the  record  show- 
ing as  "present  the  Worshipful  Robert  Harris.  Abraham  Alexander, 
Robert  Irwin,  Esqrs.,"  the  proceedings  continuing  regularly  from 
April,  1775,  till  July,  1776,  without  interruption.  On  one  occasion, 
however,  an  acting  magistrate  was  taken  from  the  Bench  and  sent 
to  prison  by  order  of  the  chairman  of  the  committee. — Simeson's 
Statement. 


WHIG  AND  TORY  IN  ANSON  465 

long  as  he  secures  to  us  those  rights  and  liberties  which  w 

the  principles  of  our  constitution  require."  Ju,y 

Elsewhere  the  action  was  not  different — protesting  loyalty, 
but  getting  ready  a  supply  of  powder  and  ball.  On  July  1st 
the  committee  of  Pitt  County  resolved  that,  "We  will  pay  "*  County 
all  due  allegiance  to  his  Majesty,  King  George  III ;  ...  at 
the  same  time,  we  are  determined  to  assert  our  rights,  .  .  . 
and  that,  under  God,  the  preservation  of  them  depends  on  a  c.  rm  x,  6x 
firm  union  of  the  inhabitants  and  a  sturdy,  spirited  observa- 
tion of  the  resolutions  of  the  general  congress."  "We  do 
hereby  agree  and  associate  under  all  ties  of  religion,  honor, 
and  regard  for  posterity."  And  the  captains  of  the  differ- 
ent companies  were  directed  to  call  their  men  together  to 
choose  officers. 

The  clashing  in  Anson 

In  Anson,  where  there  had  been  many  Regulators,  Colonel  cS£ty 
James  Cotton,  the  lieutenant-colonel  of  the  county,  remained 
loyal  to  the  government,  and  the  people  were  much  divided. 
Under  his  influence  the  Loyalists  signed  a  protest  against 
the  proceedings  of  the  Continental  Congress,  but  the  Com- 
mittee of  Safety  and  their  friends  were  zealous.  On 
May  25th  they  began  to  seize  some  of  the  leading  men  w's-ii 
among  the  disaffected,  confining  them  as  prisoners  and  en- 
deavoring to  persuade  them  to  abandon  their  allegiance. 
Early  in  June  Colonel  Spencer  was  urging  the  people  to  sign 
the  association,  saying  that  the  king  had  broken  his  corona- 
tion oath,  and  the  people  were  absolved  by  his  example.  On 
the  second  Tuesday  of  July  about  thirty  of  the  committee 
met  at  the  court-house  and  elected  Colonel  Spencer  captain- 
general,  and  Thomas  Wade  and  David  Love  and  others  were 
chosen  captains  of  their  companies.  Both  sides  were  active, 
Colonel  Cotton  ordering  out  the  militia  companies  under  the 
officers  who  remained  loyal,  and  maintaining  communication 
with  Governor  Martin,  and,  on  July  7th,  sending  him  a  peti- 
tion signed  by  many  of  the  inhabitants ;  while,  on  the  other 
hand,  there  were  great  meetings  of  the  people  who  stood 
by  the  Continental  Congress,  and  large  numbers  enlisted  on 
the  side  of  liberty. 

In  Surry  County  the  committee,  as  a  prelude  to  their  pro-   £8R"  x' 


466  THE  MECKLENBURG  RESOLVES,  1775 

Ujs  ceedings,  indited  the  legend  on  their  record-book,  "Liberty 

or  death.    God  save  the  king !" 

June  After  the  arrival  of  Governor  Martin  at  Fort  Johnston, 

FeVr  e  ape  that  point  became  still  more  of  a  storm  centre.  The  situation 
rapidly  developed  excitement  and  resolution.  Captain  Col- 
lett,  in  command  of  the  fort,  was  inciting  negroes  to  leave 
their  masters  and  take  refuge  within  his  lines.  He  seized 
corn  and  other  supplies,  and,  inflamed  by  his  conduct,  the 

c.  r.,  x,  16  people  began  to  subscribe  association  papers,  preparing 
for  action.  On  June  16th  the  governor  issued  his  procla- 
mation, warning  every  one  that  by  such  conduct  they  would 
expose  themselves  not  only  to  the  forfeiture  of  their  lands 
and  properties,  but  to  the  loss  of  life  and  everything  they 

f'J;^  held  dear  and  valuable.  Three  days  after  this  proclamation, 
on  June  19th,  the  inhabitants  of  New  Hanover,  by  an  asso- 

The  Asso-     ciation  paper,  "united  themselves  under  every  tie  of  religion 

and  honor  to  go  forth  and  be  ready  to  sacrifice  their  lives  and 

fortunes  to  secure  the  freedom  and  safety  of  their  country." 

And  the  next  day,  June  20th,  committeemen  of  Duplin, 

Onslow,  Bladen,  Brunswick,  and  New  Hanover  assembled 

c.  rmx,  26  jn  generaj  meeting.  They  adopted  the  New  Hanover 
association,  which  they  directed  to  be  printed,  with  a 
recommendation  to  the  inhabitants  of  the  district  to  sign 
it  as  speedily  as  possible.     It  was  signed  in  Cumberland 

c.  rm  x,  99  by  Robert  Rowan  and  his  associates,  and  doubtless  by 
the  other  patriots  of  the  district.  A  committee  com- 
posed of  Howe,  Maclaine,  and  Sam  Ashe  was  appointed  to 

c.  r.,  x,  answer  the  governor's  proclamation.  In  the  answer  they 
declared  that  the  resolution  respecting  America  introduced 
by  Lord  North  favoring  North  Carolina  and  New  York, 
which  Governor  Martin  had  commended,  added  insult  to 
the  injury  it  intended;  that  by  it  it  was  hoped  to  divide  the 
colonies,  and,  by  breaking  one  link  in  their  chain  of  union, 
render  their  subjugation  more  easy;  that  it  was  a  base, 
flagitious,  wicked  attempt  to  entrap  America  into  slavery, 
which  ought  to  be  rejected  with  the  contempt  it  deserved; 
anl  it  was  a  duty  that  the  people  owed  to  themselves,  their 
country,  and  posterity  by  every  effort,  and  at  every  risk, 
to  maintain,  support,  and  defend  their  liberties  against  any 
invasion  or  encroachment  whatsoever.     On  the  25th  Gov- 


24-26 


MOVEMENTS  OF  GOVERNOR  MARTIN  467 

ernor  Martin  brought  these  matters  to  the  attention  of  the  w 

council,  and  it  was  agreed  to  strengthen  the  fort,  and  also 
to  prorogue  the  Assembly,  that  had  been  called  to  meet  on  c.  r.,  x, 
July  1 2th,  until  September. 

In  May  he  had  informed  the  king  that  fourteen  hundred 
or  fifteen  hundred  persons  in  the  interior  had  signed  dec- 
larations in  favor  of  the  government,  and  now  he  wrote  that  c.  r ;,  nc, 
he  could  collect  among  the  Highlanders  three  thousand  Js?46 
effective  men,  and  still  more  in  the  interior  counties,  where, 
he  declared,  "the  people  are  in  general  well  affected  and 
much  attached  to  me — at  least  two-thirds  of  the  fighting 
men  of  the  whole  country,  which  may  be  computed,  accord- 
ing to  my  best  information,  to  exceed  thirty  thousand." 
With  such  views,  he  projected,  after  being  furnished  with 
ten  thousand  stands  of  arms  by  General  Gage,  raising  the 
king's  standard  and  forming  an  army  for  the  subjugation  of 
the  province.  He  recommended  Allan  McDonald,  the  hus- 
band of  Flora,  for  an  appointment,  and  Alexander  McLeod,  ^^,x' 
of  the  marines,  and  Lieutenant  Alexander  McLean,  also  a 
half-pay  officer,  and  other  influential  Highlanders  for  ap- 
pointments. For  himself  he  begged  the  restoration  of  the 
rank  he  held  in  the  army  in  1769,  asking  permission  to 
command  a  regiment  of  Highlanders.  Expecting  to  take  c.r.,ix, 
the  field,  he  again  wrote  for  a  king's  standard  and  also  for  a  "74 
tent  and  camp  equipage  for  his  own  use.  His  hope  of  a 
military  commission  was,  however,  disappointed,  for  the 
king  had  arranged  differently.  Determined  to  follow  the 
governor's  recommendation  to  embody  a  force  of  High- 
landers, the  king  directed  that  they  should  be  under  the 
command  of  Lieutenant-Colonel  Alexander  McLean;  but 
about  the  middle  of  July  General  McDonald  and  Major 
McLeod,  bearing  secret  commissions,  arrived  at  Ocracoke 
from  New  York  and  proceeded  to  New  Bern.  Johnston, 
learning  of  their  arrival,  instructed  the  committee  at  New  c.  RMx, 
Bern  to  secure  them,  but  they  took  an  oath  satisfactory  to 
the  inhabitants  and  were  allowed  to  proceed  to  the  interior. 

Emissaries  were  continually  passing  from  the  Loyalists  to 
the  fort,  which  was  being  strengthened  by  new  works,  so 
as  to  make  its  capture  difficult.  Under  these  circumstances 
the  people  of  the  Cape  Fear  clamored  for  a  new  convention ; 


468 


THE  MECKLENBURG  RESOLVES,- 1775 


&L. 


X,  99 


C.  R.,  IX, 

1*85 

Johnston 
calls  the 
convention 


and  the  committee  wrote  to  Johnston  that  "some  enterpris- 
ing men  wished  to  make  an  effort  to  take  the  fort,  but  were 
afraid  of  having  their  conduct  disavowed  by  the  convention." 
The  committee  thought  that  a  number  of  men  should  be 
raised  and  kept  in  pay  for  the  defence  of  the  country,  and 
that  a  convention  alone  could  do  that. 

On  May  31st,  Howe,  Harnett,  and  Ashe,  knowing  of  the 
death  of  Qolonel  Harvey,  wrote  urging  Johnston  to  convene 
a  convention  as  soon  as  possible,  and  in  this  request  the  New 
Bern  committee  concurred.  But  the  Assembly  was  expected 
to  meet  on  July  12th,  and  Johnston  deemed  it  best  to  wait. 
When  the  Assembly  was  prorogued,  he  delayed  no  longer, 
and  on  July  10th  issued  a  call  for  a  convention  to  be  held 
at  Hillsboro  on  August  20th ;  and  he  recommended  a  larger 
representation  of  the  people,  not  less  than  five,  so  that  each 
county  elected  at  least  five  deputies,  and  the  inequality 
of  representation  which  had  so  long  been  a  matter  of  vari- 
ance between  the  old  and  the  new  counties  came  to  an  end. 
Elections  were  held  for  the  convention,  but  the  committee 
at  Wilmington  could  not  wait  for  the  body  to  assemble. 
They  concluded  that  Captain  Collett  should  not  be  suffered 
to  remain  in  the  fort,  and  communicated  that  opinion  to  the 
officers  and  committees  of  the  neighboring  counties.  A  great 
many  volunteers  immediately  collected.  On  July  15th 
Colonel  Robert  Howe  set  out  with  a  detachment  for  Fort 
Johnston,  and  the  committee  resolved  that  as  many  men  as 
would  voluntarily  turn  out  should  be  despatched  to  join 
them,  and  that  the  officers  of  the  several  companies  in  New 
Hanover  should  immediately  equip  those  willing  to  go  on 
that  service.  On  the  16th  Colonel  Ashe,  in  command,  sailed 
from  Wilmington. 

Rumors  of  this  intended  movement  led  Captain  Collett 
hastily  to  evacuate  the  fort,  the  governor  himself  taking 
refuge  on  the  sloop-of-war  Cruiser,  and  he  directed  the 
stores,  small  arms  and  ammunition  to  be  transferred  to  a 
transport  that  lay  in  the  harbor,  the  heavy  guns  to  be  dis- 
mounted and  the  fort  dismantled.  On  the  same  day  Colonel 
Ashe,  in  the  name  of  the  people,  addressed  a  letter  to  Gov- 
ernor Martin,  informing  him  of  the  purpose  to  carry  the 
cannon  away  from  the  fort.     But  Ashe  also  had  another 


C.  R.,  X, 

"4 


C.  R.,  X, 


Martin 
retires  to  the 
Cruiztr 


C.  R  ,  X, 

97,  103,  108. 
ija 


FORT  JOHNSTON  TAKEN  AND  BURNT  469 

purpose.    The  design  to  seize  the  arms  and  munitions  at  the  UJ1 

fort  being  defeated  by  the  quick  action  of  Governor  Martin,  Jul* 
it  was  in  contemplation  by  the  use  of  fire-rafts  to  drive  the 
Ctuizer  and  the  transport  from  the  river,  or  burn  them,  and 
preparations  were  made  to  that  end;  but  that  design  was 
eventually  abandoned. 

The  New  Hanover  detachment  joining  Howe  at  Bruns- 
wick, the  entire  force,  amounting  to  some  five  hundred  men, 
proceeded  to  Fort  Johnston,  and  on  the  night  of  July  18th  J"1*18''™* 
took  possession  of  the  fort,  to  which  Ashe  set  fire,  burning 
it  so  far  as  it  was  destructible ;  and  the  next  day  he  burned 
the  dwelling  and  outhouses  belonging  to  Captain  Collett, 
who  was  so  obnoxious  because  of  his  conduct,  especially  his 
efforts  to  entice  the  negroes  from  their  masters.  The  ring- 
leaders of  this  savage  and  audacious  mob,  wrote  Martin,  c.  r.,x, 
were  Ashe  and  Harnett.  ,09 

On  the  return  of  the  men  from  the  fort,  they  were  met 
by  a  detachment  of  some  three  hundred  volunteers  from 
Bladen,  who  had  turned  out  at  a  minute's  warning.  There 
was  no  hesitation.  All  were  equally  resolved.  But  the 
movement  was  hasty,  and  the  fort  speedily  destroyed.  Such 
was  the  first  positive  act  in  the  way  of  military  operations  in 
the  drama  of  the  Revolution  in  North  Carolina.  The  flames 
of  Fort  Johnston  cast  a  lurid  light  throughout  the  province, 
and  another  impulse  was  given  to  popular  action.  From  that 
date  Governor  Martin,  expelled  from  the  soil  of  the  prov- 
ince, remained  on  shipboard.  From  his  vessel  he  beheld 
with  varying  hopes  and  fears  the  progress  of  the  Revolu-  Revolution 
tion.  The  action  of  Mecklenburg  greatly  disturbed  him.  prop-**** 
How  far  would  the  example  be  followed  by  other  counties 
in  annulling  British  authority  and  establishing  an  indepen- 
dent government?  He  was  anxious  to  hear  from  the  in- 
terior, from  the  back  country,  where  he  hoped  for  so  much 
aid,  and  where  he  supposed  the  people  were  attached  to 
himself  personally.  He  was  disheartened  by  advices  that  c  R  x 
the  "people  of  Bladen  were  pursuing  the  example  of  Meek-  «©° 
lenburg,"  and  that  in  the  seacoast  counties  the  people  had 
chosen  military  officers,  and  were  frequently  assembling  in 
arms.  But  a  considerable  body  of  Germans,  settled  in 
Mecklenburg,  gave  him  comfort  by  sending  a  loyal  declara- 


47o  THE  MECKLENBURG  RESOLVES,  1775 

2JJ  tion  "against  the  very  extraordinary  and  traitorous  resolves 

c.  r.,  x,      of  the  committee  of  that  county."    And  the  news  from  Anson 
July  was  encouraging.     There  the  clashing  among  the  people 

was,  even  at  that  early  date,  so  violent  and  bitter  as  to  be 
incipient  civil  war,  and  Colonel  Cotton  continued  to  send 
assurances  of  the  steadfast  devotion  of  a  large  number  of 
Loyalists. 

From  his  first  arrival  at  the  fort,  Governor  Martin  con- 
trived to  maintain  some  correspondence  with  the  loyal  ele- 
ment in  the  interior,  and  it  being  apprehended  that  he  was 
organizing  the  Highlanders,  the  Wilmington  committee  early 
forbade  any  intercourse  with  him  except  by  their  permission. 
On  July  3d,  it  being  reported  that  Allan  McDonald  in- 
tended to  raise  troops  to  support  the  government,  the  com- 
mittee addressed  him  on  that  subject,  requiring  him  to 
desist ;  and  Joseph  Hewes  wrote  emphatically  on  July  8th : 
c.  R.,  x,  86  "If  the  governor  attempts  to  do  anything  he  ought  to  be 
seized  and  sent  out  of  the  colony ;  so  should"  Judge  Howard. 
Communications  had  been  addressed  by  the  governor  to 
staunch  friends  in  the  interior  to  enroll  loyal  adherents  and 
to  sign  association  papers.  Letters  of  that  tenor  had  been 
Dunn  and  received  by  John  Dunn  and  Benjamin  Booth  Boote,  two 
influential  Loyalists  at  Salisbury.  On  July  18th  they  were 
put  under  guard  by  the  Rowan  committee,  were  examined, 
arrested,  and,  under  the  orders  of  Colonel  Alexander  Martin 
93,^36^184,  (then  judge),  Adlai  Osborn,  Colonel  Spencer  and  Colonel 
306, 673'-679*  Polk,  they  were,  at  the  close  of  July,  conveyed  by  a  detach- 
ment of  light  horse  to  South  Carolina,  where  they  were 
confined  by  the  South  Carolina  authorities.  A  year  later, 
while  they  were  on  parole,  Boote  took  the  oath  as  a  supporter 
of  the  American  cause,  and  Dunn  became  a  good  patriot. 
But  in  1780  Boote  joined  Cornwallis's  forces  on  the  invasion 
of  South  Carolina. 

At  the  time  of  the  arrest  of  these  men,  August  1st,  the 
Rowan  committee  ordered  that  one  thousand  volunteers  be 
immediately  embodied  in  that  county,  elect  their  staff  officers 
and  be  ready  at  the  shortest  notice  to  march  out  to  action, 
c.  r.,  x,  In  Anson  the  zeal  of  Colonel  Spencer,  Wade  and  their  asso- 
ciates was  irresistible,  and  Colonel  Cotton  and  his  loyal 
militia   were   overpowered.     Disheartened   at  the  turn  of 


"7 


WHIG  SUCCESSES  471 


affairs,  Cotton,  with  several  of  his  most  devoted  friends,  w 

set  out  to  report  to  the  governor,  and  reached  the  Cruizcr 
on  August  13th,  bearing  evil  tidings  of  their  discomfiture. 
On  their  attempted  return  they  were  apprehended  by  the 
vigilant  committeemen  in  Bladen,  and  subsequently,  under 
stress  of  circumstances,  took  the  test  oath  and  submitted 
themselves  to  the  authority  of  the  congress. 

At  the  end  of  July,  it  being  learned  that  the  governor  The 
himself  intended  going  into  the  back  country,  the  Wilming-  STsrated 
ton    committee    advised   the    committees    of   the    different 
counties  of  his  design,  and  requested  them  to  keep  a  strict 
lookout  and  arrest  him.     The  unremitting  activity  of  the 
patriots,  however,  rendered  such  a  movement  too  hazardous ; 
but  still  it  was  the  cherished  purpose  of  Governor  Martin  c.  r.,  x, 
to  penetrate  into  the  interior  and  marshal  the  Loyalists,  and, 
confident  of  his  military  prowess,  try  conclusions  with  the 
rebels. 


CHAPTER  XXVII 

The  Provincial  Council,  1775-76. 

The  spirit  of  resistance. — Martin's  proclamation. — The  Congress. — 
The  leaders. — The  conditions. — The  people  divided. — Efforts  to 
gain  the  Regulators.— Proceedings  of  Congress. — Franklin's  confed- 
eration.— Independence  not  the  object. — The  first  battalions. — The 
minute  men. — County  courts. — The  test. — The  money  of  the  Revolu- 
tion.— To  provide  necessaries.-— Congress  adjourns. — Enlistment  of 
troops. — The  safety  of  Wilmington. — The  plan  of  subjugation. — 
Arrival  of  Highlanders. — Provincial  council. — Tories  and  Whigs. — 
The  Indians  placated. — The  Scovellites. — The  Snow  Campaign. — 
Howe  marches  against  Dunmore. — Norfolk  destroyed. — Armed  ves- 
sels built. — The  ministerial  troops. — In  England. 

The  spirit  of  resistance 

™  In  the  meantime  the  spirit  of  resistance  was  nourished 

August,  1775  by  men  like  Hewes,  who  declared  that  "the  powers  of  gov- 
ernment must  soon  be  taken  into  the  hands  of  the  people." 
"The  administration,"  said  he,  "has  even  tried  to  let  loose 
the  Indians  on  our  frontier,  to  raise  the  negroes  against  us, 
.  .  .  and  have  sent  a  formidable  army  to  cut  our  throats,  and 
then  abuse  us  with  the  names  of  rebels  and  cowards."  "I 
consider  myself  now  over  head  and  ears  in  what  the  ministry 
call  rebellion.  I  feel  no  compunction  for  the  part  I  have 
taken,  nor  for  the  number  of  our  enemies  lately  slain  in  the 
c.  r.,  x,  8*  battle  at  Bunker's  Hill.  I  wish  to  be  in  the  camp  before 
Boston,  though  I  fear  I  shall  not  be  able  to  get  there  till 
next  campaign." 

Martin's  proclamation 
c.  r.,x.  On  August  8th  Governor  Martin  issued  a  manifesto  de- 

nouncing the  leaders  of  the  sedition  and  treason,  and  warn- 
ing the  people  against  being  seduced  to  their  purposes. 
Particularly  were  Hooper,  Hewes  and  Caswell,  John  Ashe 
and  Robert  Howe  singled  out  for  denunciation.  His  chief 
design  was  to  appeal  to  the  people  to  remain  loyal.     He 


145-150 


BOTH  SIDES  SEEK  SUPPORT  473 

realized  that  the  approaching  convention  was  to  be  held  at  UJS 

Hillsboro  with  the  view  of  influencing  the  inhabitants  of  Au«ust 
the  interior,  and  this  effect  he  sought  to  counteract  by  skil- 
fully playing  on  the  fears  and  hopes  of  the  people.  He 
dwelt  on  the  faithful  loyalty  of  those  in  the  western  counties, 
who  had  theretofore  "resisted  all  the  black  artifices  of  false- 
hood, sedition,  and  treason,"  and  who,  upon  his  representa- 
tion, had  "received  the  king's  most  gracious  approbation  and  c.R.tX|M6 
acceptance."  Particularly  he  mentioned  those  in  "Dobbs, 
Cumberland,  Anson,  Orange,  Guilford,  Chatham,  Rowan, 
and  Surry,"  who  he  declared  had  given  him  more  "especial 
and  public  testimonials  of  their  loyalty,  fidelity,  and  duty" ; 
but  he  tendered  to  all  his  Majesty's  most  gracious  pardon  on 
their  return  to  their  duty  to  their  king;  and  he  offered 
ample  reward  and  encouragement  to  any  who  should  deliver 
up  to  him  the  few  principal  persons  who  had  seduced  them 
to  treasonable  outrages. 
The  Provincial  Congress* 

Indeed,  the  efforts  of  the  two  contending  parties  were 
now  anxiously  directed  to  obtaining  popular  support.  Samuel 
Johnston  had  counted  on  the  influence  the  convention  might 
exert,  and  to  popularize  that  body  he  had  urged  the  elec- 

*The  names  Convention  and  Congress  are  often  applied  indiffer- 
ently to  these  bodies.  It  is  to  be  observed  that  those  of  August, 
1774,  and  April,  1775,  called  themselves  conventions  and  were  pre- 
sided over  by  a  moderator.  That  of  September,  1775,  called  itself  a 
congress  and  elected  a  president.  The  first  two  claimed  to  be  lawful 
meetings  of  the  people,  assembled  for  a  legal  purpose  under  the  con- 
stitution. The  object  then  was  to  remonstrate  against  an  infringe- 
ment of  constitutional  rights.  By  September,  1775,  the  character  of 
these  bodies  was  changed.  They  were  not  mere  lawful  meetings  of 
the  people  to  remonstrate.  They  were  revolutionary  bodies,  ordain- 
ing government  and  exercising  administrative  and  legislative  powers. 
Perhaps  they  took  the  name  of  congress  to  conform  to  a  new  Ameri- 
can system — making  a  difference  between  the  former  government  and 
that  then  established.  The  authority  of  the  British  Government  was 
no  longer  respected — that  of  the  Continental  Congress  had  taken  its 
place.  The  people  no  longer  claimed  to  be  acting  under  the  constitu- 
tion of  the  British  Empire. 

The  Congress  differed  from  the  Convention  in  the  manner  of 
voting.  In  the  Convention  the  members  voted  as  in  the  Assembly, 
each  casting  a  vote.  In  the  Congress  the  counties  voted,  each  county 
having  a  single  vote,  without  regard  to  the  number  of  deputies  in 
attendance.  In  the  Continental  Congress  each  colony  had  one  vote; 
in  the  Provincial  Congress  each  county  had  a  vote,  and  in  the  Pro- 
vincial Council  each  district  had  a  vote. 


474  THE  PROVINCIAL  COUNCIL,  1775-76 

xrn  tion  of  an  increased  delegation  from  each  county,  the  number 

c.  r.,  x,  not  being  limited.  Bertie  had  sent  eleven  delegates,  Chat- 
August  ham  ten,  Dobbs,  Wake,  Rowan,  Guilford,  seven  each;  Meck- 
lenburg, Tryon,  Bute,  New  Hanover,  six  each;  and  the 
other  counties  five;  the  entire  membership  numbering  one 
hundred  and  eighty-four.  This  enlarged  representation  re- 
sulted in  the  attendance  of  many  men  of  the  first  capacity, 
who  had  not  theretofore  been  employed  in  legislative 
business. 

Sunday,  August  20th,  opened  with  the  straggling  hamlet 
of  Hillsboro  aglow  with  unusual  excitement.  Several  stores, 
an  insufficient  court  room,  a  dozen  widely  separated  resi- 
dences, a  church  building  and  a  small  inn  for  the  wayfaring 
traveller  constituted  the  village,  where  now  were  assembling 
the  representatives  of  the  people.  At  noon  those  members 
who  had  arrived  assembled  in  the  church,  but  immediately 
adjourned  until  the  next  day.  On  Monday,  the  21st,  at 
ten  o'clock,  one  hundred  and  eighty-four  delegates  answered 
to  their  names,  and  Richard  Caswell,  just  from  the  Con- 
tinental Congress,  proposed  Samuel  Johnston  for  president 
of  the  body,  and  Rev.  George  Micklejohn  opened  the  con- 
gress with  prayer. 

Events  had  moved  rapidly  since  the  last  convention  in 
April — the  battles  of  Lexington  and  Bunker  Hill,  the  de- 
struction of  Charlestown,  the  formation  of  independent  com- 
panies, the  organization  of  a  continental  army,  the  proceed- 
ings at  Charlotte,  the  flight  of  the  governor,  the  burning  of 
Fort  Johnston,  and  the  expulsion  of  the  royal  governor  from 
the  soil  of  the  province,  and  the  cessation  of  the  provincial 
legislature.  The  established  government  had  ceased  to  exist. 
And  so  the  convention  was  confronted  with  new  conditions. 
No  light  was  shed  upon  the  pathway  by  past  experience,  but 
with  resolution  the  members  addressed  themselves  to  the 
great  questions  presented  for  their  consideration.  It  was  the 
largest  meeting  of  representative  Carolinians  that  had  ever 
assembled.  The  last  convention  was  composed  of  but  sixty- 
seven  members ;  this  was  near  three  times  as  numerous.  The 
two  previous  revolutionary  bodies  had  been  called  conven- 
tions ;  this  now  assumed  the  name  of  the  Provincial  Congress. 
The  others  had  not  entered  on  legislative  action;  this  pro- 


PERSONNEL  OF  THE  CONGRESS  475 

posed  to  make  laws  to  bind  the  people  under  the  sanction  ljn 

of  legitimate  power,  and  to  exert  the  authority  of  estab-  August 
lished  government. 

The  leaders 

Although  the  thirteen  counties  that  might  be  allotted  to 
the  west  sent  some  seventy  deputies,  the  preponderance  was 
still  with  the  east,  and  the  vote  was  taken  by  counties.  But 
Person  and  Penn,  the  Martins,  Polk,  Avery  and  Spencer, 
John  McKnitt  Alexander,  Moses  Winslow,  Kennon  and 
Sharpe,  Burke,  the  Williamses,  Armstrong  and  Winston 
were  strong  and  mighty  leaders,  speaking  the  patriotic  senti- 
ments of  the  west.  The  northern  counties  and  the  eastern, 
as  well  as  the  Cape  Fear  section,  also  sent  their  most  trusted 
and  experienced  men.  Such  a  gathering  of  great  North 
Carolinians,  forceful  and  determined,  had  never  before 
assembled  to  take  counsel  of  their  liberties.  Although  the 
venerated  form  of  John  Harvey  was  missed,  there  were  Sam 
Johnston,  the  younger  Harveys,  the  Nashes,  Caswell,  Howe, 
Hewes,  Harnett,  Hooper,  the  Joneses,  the  Moores,the  Ashes, 
the  Sumners,  Kenan,  Owen,  Robeson,  Guion,  Bryan,  Lamb, 
Jarvis;  and,  indeed,  all  the  giants  of  that  generation  gath- 
ered there  to  secure  and  maintain  the  freedom  of  their  coun- 
try. The  future,  full  of  personal  peril,  was  veiled  in  obscur- 
ity, but  their  hearts  were  brave,  their  course  determined,  and 
they  had  at  least  some  light  from  the  assembled  wisdom  of 
the  Continental  Congress. 

The  conditions 

As  yet  hope  of  reconciliation  was  still  entertained,  and 
they  were  to  make  a  last  appeal  for  their  rights  as  British 
subjects,  professing  allegiance  and  disclaiming  any  desire  for 
separation. 

But  war  was  flagrant,  and  every  preparation  was  to  be 
made  for  the  inevitable  conflict.  Proclaimed  rebels  and 
traitors  seeking  independence,  they  were  to  organize  resist- 
ance to  internal  and  external  foes,  while  still  asserting  that 
they  sought  only  those  chartered  rights  they  had  inherited 
from  their  fathers  as  subjects  of  Great  Britain.  The  old  gov- 
ernment having  passed  away,  its  head  a  fugitive,  and  the 
Assembly  suspended,  the  congress  was  to  ordain  some  gov- 


476  THE  PROVINCIAL  COUNCIL,  1775-76 

I™  ernment  to  preserve  peace  and  order,  to  administer  justice 

August         and  to  conduct  military  operations. 

The  people  were  divided.  Large  bodies  not  conversant 
with  the  causes  of  the  revolt,  strangers  to  the  hopes  and  fears 
of  America,  not  in  sympathy  with  North  Carolina,  had  but 
recently  located  in  her  borders,  while  many  thousands  of  the 
older  inhabitants  held  aloof,  not  comprehending  that  their 
liberties  had  been  invaded  and  that  the  hour  had  struck  to 
resist  British  aggression.  It  was  the  computation  of  Gov- 
ernor Martin  that  two-thirds  of  the  inhabitants  were  yet 
loyal  and  would  rally  to  the  standard  of  the  king.  To  sever 
these  ties  it  was  the  part  of  Congress  to  demonstrate  the  im- 
potency  of  the  British  Government  and  to  manifest  contempt 
for  the  power  and  authority   of   its   chief  representative. 

c.r.,x,i8o  Among  their  first  actions,  therefore,  was  to  denounce  Gov- 
ernor Martin's  recent  proclamation  and  to  order  "that  the 
said  paper  be  burned  by  the  common  hangman." 

In  like  manner,  to  counteract  the  blandishments  and  the 
threats  of  Governor  Martin,  who,  through  his  emissaries, 
endeavored  to  persuade  the  Regulators  that  they  remained 
liable  to  punishment  unless  pardoned  by  the  king,  and  that 
their  pardon  could  only  be  obtained  by  taking  up  arms 
against  those  who  were  defending  American  liberty,  the 
congress  at  its  first  opening  resolved  that  every  one  of 
the  late  insurgents  ought  to  be  protected,  and  that  it  would 
protect  them  from  any  attempt  to  punish  them  for  engaging 
in  the  late  insurrection ;  and  a  committee,  composed  of  Maurice 

c.  rm  x,  Moore,  Caswell,  Thomas  Person,  Kennon,  Locke,  Rev.  Mr. 
Pattillo,  Hunt,  Burke,  Penn,  and  others,  was  appointed  to 
confer  with  those  inhabitants  of  the  province  who  entertained 
any  religious  or  political  scruples,  and  to  induce  them  to 
heartily  unite  with  congress  for  the  protection  of  consti- 
tutional rights.  This  committee  was  to  influence  not  merely 
the  Regulators,  but  the  Quakers  and  others  who  had  scruples 
preventing  their  active  co-operation.  Person  alone  had 
affiliated  with  the  Regulators,  unless,  indeed,  Memucan  Hunt 
had  clone  so ;  but  Penn,  although  he  had  but  lately  come  into 
the  province,  doubtless  was  a  favorite  with  them ;  and  Judge 
Moore  had  in  1772  held  as  a  judge  that  they  were  not  liable 
to  punishment  under  the  riot  act ;  as  "Atticus,"  had  severely 


OVERTURES  TO  THE  DISAFFECTED  477 

denounced  Governor  Tryon  for  his  "inhuman  conduct"  in  w 

relation  to  Few  and  the  other  Regulators ;  had  visited  James  August 
Hunter  at  his  home  and  had  sought  "to  get  him  into  favor 
again,  and  had  promised  to  do  all  that  he  could  for  William 
Butler";  and  doubtless  had  been  instrumental  in  inducing 
the  Assembly  to  insist  on  embracing  Hunter  in  the  proposed 
act  of  oblivion,  the  contest  between  the  council  and  the 
Assembly  over  his  pardon  leading  to  the  failure  of  that 
measure.  Locke,  Kennon,  Pattillo,  and  Burke  were,  in  like 
manner,  doubtless  influential  among  those  who  were  dis- 
affected ;  while  the  addition  of  Caswell,  Thomas  Jones,  and 
George  Moore  to  the  committee  gave  an  assurance  that  the 
congress  was  not  merely  seeking  to  persuade,  but  that  it 
would  faithfully  observe  the  obligations  which  it  assumed 
to  give  every  protection  in  its  power  to  those  who  would 
co-operate  with  it. 

A  similar  committee  was  appointed  to  confer  with  the  c.r.,x, 
Scotchmen  who  had  so  lately  arrived  in  the  province,  of 
whom  more  than  one  thousand  had  reached  the  Cape  Fear 
within  the  past  few  months,  and  explain  to  them  the  nature 
"of  our  unhappy  controversy" ;  and  still  another  committee, 
Judge  Moore,  Hooper,  Caswell,  Hewes,  and  Howe,  was  ap- 
pointed to  present  the  controversy  in  an  easy,  familiar  style 
to  the  inhabitants  of  the  province. 

These  efforts  were  not  without  avail.  Quickly  following 
the  appointment  of  the  committees,  there  was  a  conference 
held  with  the  chiefs  of  the  Regulators.  They  had  some 
scruples  about  the  oath  administered  to  them  by  Governor 
Tryon ;  but  some  of  them  at  once  signed  the  test  or  associa-  c.  r.,  x, 
tion,  others  from  time  to  time  gave  in  their  adherence,  and  a43 
others  still  agreed  to  neutrality,  so  that  as  early  as  Septem- 
ber 9th  apprehensions  of  danger  from  them  were  no  longer 
entertained. 

By  the  middle  of  October  Governor  Martin  realized  the  c.R.,xt .66 
success  of  these  endeavors,  and  wrote  to  the  Earl  of  Dart- 
mouth :  "According  to  my  information,  a  committee  was 
appointed  by  this  Provincial  Congress  to  gain  over  the  late 
insurgents  in  the  western  counties,  who  had  heretofore  made 
to  me  the  strongest  professions  of  their  loyalty  and  duty  to 
the  king  and  of  their  resolution  to  support  his  Majesty's 


478  THE  PROVINCIAL  COUNCIL,  1775-76 


C.  R..X, 
a6S,a66 


government,  as  also  to  treat  with  the  Cherokee  Indians ;  and 
my  intelligence  runs  that  this  committee  received  assurances 
from  the  former  that  they  would  observe  a  strict  neutrality, 
but  I  can  learn  nothing  of  its  success  with  the  Indians." 

In  like  manner,  the  efforts  to  influence  the  Highlanders 
were  attended  with  good  results.  Governor  Martin  continued : 
"I  have  heard,  too,  .  .  .  with  infinitely  greater  surprise 
and  concern,  that  the  Scotch  Highlanders,  on  whom  I  had 
such  firm  reliance,  have  declared  themselves  for  neutrality" ; 
and  this  result  he  attributed  to  Farquard  Campbell,  "who 
has  been  settled  from  his  childhood  in  this  country,  is  an 
old  member  of  the  Assembly,  and  has  imbibed  all  the  Ameri- 
can popular  principles  and  prejudices." 

Nor  was  the  pulpit  silent.  Ministers  of  the  gospel  urged 
their  flocks  to  stand  for  their  rights.  In  Guilford, 
David  Caldwell,  the  leading  Presbyterian  of  the  prov- 
ince, from  the  pulpit  raised  a  powerful  voice  for 
unity  of  purpose  and  co-operation  in  maintaining  American 
liberty.  Succinctly  and  graphically  he  portrayed  existing 
conditions  and  eloquently  urged  the  duties  of  patriotism. 
Carmhers's  ''We  petitioned,"  said  he,  "his  Majesty  in  a  most  humble 
283, 484  '  manner  to  intercede  with  the  Parliament  on  our  behalf.  Our 
petitions  were  rejected,  while  our  grievances  were  increased 
by  acts  still  more  oppressive,  and  by  schemes  still  more 
malicious,  till  we  are  reduced  to  the  dreadful  alternative 
either  of  immediate  and  unconditional  submission  or  of  re- 
sistance by  force  of  arms.  We  have  therefore  come  to  that 
trying  period  in  our  history  in  which  it  is  manifest  that 
the  Americans  must  either  stoop  under  a  load  of  the  vilest 
slavery  or  resist  their  imperious  and  haughty  oppressors; 
but  what  will  follow  must  be  of  the  utmost  importance  to 
every  individual  of  these  united  colonies.  .  .  .  If  we  act  like 
the  sluggard,  refuse,  from  the  mere  love  of  ease  and  self- 
indulgence,  to  make  the  sacrifices  and  efforts  which  the  cir- 
cumstances require,  or,  from  cowardice  or  pusillanimity, 
shrink  from  dangers  and  hardships,  we  must  continue  in  our 
present  state  of  bondage  and  oppression  .  .  .  until  life  itself 
will  become  a  burden;  but  if  we  stand  up  manfully  and 
unitedly  in  defence  of  our  rights,  appalled  by  no  dangers  and 
shrinking  from  no  toils  or  privations,  we  shall  do  valiantly. 


THE  EXHORTATIONS  OF  CALDWELL  479 

Our  foes  are  powerful  and  determined  on  conquest ;  but  our  wj 

cause  is  good,  and  in  the  strength  of  the  Lord,  who  is  August 
mightier  than  all,  we  shall  prevail.  .  .  .  If  I  could  portray  to 
you  .  .  .  the  results  of  your  conduct  in  this  great  crisis  in 
your  political  destiny ;  or  if  I  could  describe  .  .  .  the  feel- 
ings which  you  will  have  of  self -approbation,  joy,  and  thank- 
fulness, or  of  self-reproach,  shame,  and  regret,  according  to 
the  part  you  act — whether  as  men  and  as  patriots,  or  as 
cowards  and  traitors — I  should  have  no  difficulty  in  persuad- 
ing you  to  shake  off  your  sloth  and  stand  up  manfully  in  a 
firm,  united,  and  persevering  defence  of  your  liberties.  .  .  . 
We  expect  that  none  of  you  will  be  wanting  in  the  discharge 
of  your  duty,  or  prove  unworthy  of  a  cause  which  is  so 
important  in  itself,  and  which  every  patriot  and  every  Chris- 
tian should  value  more  than  wealth,  and  hold  as  dear  as 
his  life." 

Proceedings  of  the  Provincial  Congress 

Realizing  that  the  American  colonies  were  embarked  in  a 
common  cause,  the  congress  resolved  that  the  inhabitants  of 
North  Carolina  should  pay  their  full  proportion  of  the  ex- 
pense of  maintaining  the  army  and  conducting  its  opera- 
tions; and  recognizing  that  the  former  government  had 
passed  away,  and  that  it  was  necessary  to  institute  a  new 
one  for  the  province,  a  committee  of  fifty  members  was  ap- 
pointed to  prepare  a  plan  of  government  to  meet  the  exi- 
gency of  the  occasion. 

Mr.  Hooper  presented  for  the  consideration  of  the  con- 
gress articles  of  confederation,  which  had  been  framed  for 
submission  to  the  several  provincial  conventions,  prelim- 
inary to  their  adoption  by  the  Continental  Congress.  This  £•/*••  *• 
instrument  conferred  on  the  general  congress  the  power  of 
making  war  and  peace ;  of  entering  into  alliances :  of  deter- 
mining on  reconciliation  with  Great  Britain;  of  settling  all 
disputes  between  colony  and  colony,  and  of  making  ordi- 
nances necessary  to  the  general  welfare.  The  proposed  con- 
federacy of  the  united  colonies  was  to  continue  until  the 
terms  of  reconciliation  proposed  by  congress  should  be 
agreed  to  by  Great  Britain,  until  reparation  should  be  made 
for  the  injury  done  to  Boston  and  the  expenses  of  the  war 


»75 


480  THE  PROVINCIAL  COUNCIL,  1775-76 

*Jjf  repaid,  and  until  all  British  troops  should  be  withdrawn  from 

£ropg^jf  America.  On  the  failure  of  these  requirements,  the  con- 
confederacy  federacy  was  to  be  perpetual.  It  could  not  have  been  ex- 
niect  pected  that  these  demands  would  ever  be  assented  to  by 

Great  Britain;  and  thus,  in  effect,  this  proposition  was  to 
establish  a  perpetual  union  or  confederacy,  on  the  basis  of 
independence.  Such  was  the  measure  offered  by  William 
Hooper  to  the  convention  on  August  24,  1775.  It  was  taken 
into  serious  consideration. 
McRee's  Johnston,  president  of  the  convention,  on  September  5th 

1,263 '  wrote  to  Iredell:  "I  was  much  afraid  the  plan  contained  in 
it  would  have  been  adopted ;  but  in  a  committee  of  the  whole 
house,  though  they  at  first  seemed  inclined  to  receive  it, 
after  hearing  the  reasons  offered  against  it,  it  was  almost 
unanimously  rejected."  By  its  provisions  equality  among 
the  colonies  was  abolished  and  the  smaller  ones  placed  at 
the  mercy  of  the  larger ;  this  doubtless  caused  its  rejection. 
When  it  was  rejected,  by  the  recommendation  of  Johnston 
himself,  the  congress  declared  that  "the  present  association 
ought  to  be  further  relied  on  for  bringing  about  a  recon- 
ciliation, and  that  a  new  confederacy  ought  to  be  adopted 
only  in  case  of  the  last  necessity."  Through  Johnston's 
wisdom  they  had  escaped  a  danger;  and  the  delegates  were 
instructed  not  to  consent  to  any  plan  of  confederation  until  it 
should  be  approved  by  the  Provincial  Congress.* 

Independence  not  the  object 

As  yet  independence  was  not  the  purpose  of  the  patriot 
leaders,  and  the  members  of  the  congress  signed  a  test  pro- 
fessing their  allegiance  to  the  king,  while  declaring  them- 
selves bound  by  the  acts  of  the  continental  and  provincial 
c.  r  ,  x,      congresses ;  and  they  issued  an  address  to  the  inhabitants  of 
2oa  the  British  Empire,  saying:  "We  have  been  told  that  inde- 

pendence is  our  object;  that  we  seek  to  shake  off  all  con- 
nection with  the  parent  state.  Cruel  suggestion!  Do  not 
all  our  professions,  all  our  actions,  uniformly  contradict 
this?"     They  declared,  in  the  presence  of  the  Almighty 

♦This  proposed  constitution  invested  the  Continental  Congress 
with  power  to  regulate  commerce,  post  roads,  and  the  currency. 
The  representation  was  to  be  one  delegate  for  every  5000  polls,  and 
each  delegate  was  to  have  a  vote. 


TROOPS  RAISED 


481 


Continental 
battalions 


Being,  who  "knows  our  most  secret  intentions,  that  it  is  UJ* 

our  most  earnest  wish  and  prayer  to  be  restored  ...  to  the 
state  in  which  we  were  placed  before  the  year  1763."  "This 
declaration  we  hold  forth  as  a  testimony  of  loyalty  to  our 
sovereign,  and  affection  to  our  parent  state,  and  as  a  sincere 
earnest  of  our  present  and  future  intentions." 

In  this  the  congress  but  followed  the  example  of  the  gen- 
eral congress  of  the  colonies  at  Philadelphia.  There  was  to 
be  no  discord  in  the  voice  of  America  in  seeking  justice  of 
friends  and  kindred  in  Great  Britain. 

The  design  of  Governor  Martin  to  embody  the  Loyal- 
ists was  a  constant  peril,  threatening  the  peace  and  repose 
of  the  province ;  while  the  Indians  and  negroes,  aroused  by 
British  emissaries,  might  at  any  time  fall  upon  the  whites. 
Preparations  to  meet  such  contingencies  were  quickly  made. 
The  Continental  Congress  having  agreed  to  receive  a  thou- 
sand men  raised  by  the  province  as  a  part  of  the  continental 
army,  two  regiments  of  continentals,  of  five  hundred  men 
each,  were  at  once  organized.  Four  hundred  of  them  were 
to  be  stationed  in  the  district  of  Wilmington,  one  hundred 
of  these  being  located  in  the  vicinity  of  Fort  Johnston,  two 
hundred  near  Salisbury,  two  hundred  near  New  Bern,  and 
two  hundred  near  Edenton.  Of  the  first  regiment  James 
Moore  was  chosen  colonel,  his  competitor  being  John  Ashe, 
who  was  defeated  by  a  single  vote ;  Francis  Nash,  lieutenant- 
colonel;  and  Thomas  Clark,  major.  Robert  Howe,  Alex-  c.r.,x,»«7 
ander  Martin,  and  John  Patten  were  the  field  officers  of  the 
second  regiment.  The  captains,  lieutenants  and  ensigns  were 
also  appointed,  and  these  at  once  became  active  in  raising 
their  companies. 

For  an  additional  military  force  the  province  was  divided 
into  six  districts,  and  a  battalion  consisting  of  ten  companies 
of  fifty  men  each  was  to  be  raised  in  each  district.  These  Minul«  »« 
were  known  as  minute  men,  and  as  soon  as  the  com- 
panies were  filled  the  battalions  were  to  be  formed,  and 
they  were  to  be  trained  at  once  for  fourteen  days,  and  after 
that  were  to  be  mustered  every  fortnight  in  their  counties. 
The  colonels  of  the  minute  men  were,  for  the  Edenton 
district,  Edward  Vail;  for  that  of  Halifax,  Nicholas  Long; 
Salisbury,  Thomas  Wade;  Hillsboro,  James Thackston ;  New 


482  THE  PROVINCIAL  COUNCIL,  1775-76 

ljn  Bern,  Richard  Caswell ;  Wilmington,  Alexander  Lillington ; 

c.RMx,i97  and  these  officers  were  to  take  rank  from  the  date  of  their 
commissions,  which  was  to  be  determined  by  the  organiza- 
tion of  their  respective  battalions. 

These  minute  men  were  to  be  enlisted  for  only  six  months, 
and  a  bounty  was  allowed  them  of  twenty-five  shillings  "to 
buy  a  hunting  shirt,  leggings,  or  splatter-dashes,  and  black 
garters,"  which  constituted  their  uniform.  To  promote  the 
organization  of  the  minute  men  and  regulars,  congress 
thought  it  well  to  disband  the  independent  companies  that 

c.rm x,  had  been  formed  in  the  various  counties.  The  militia,  too, 
was  organized,  field  officers  being  appointed  for  each  county. 


198 


C.  R.,  X, 


Council 


The  plan  of  government 

The  plan  of  temporary  government  devised  provided  for 

908  town  and  county  committees,  elected  by  the  freeholders; 

and  that  in  each  district  there  should  be  a  Committee  of 
Safety  consisting  of  a  president  and  twelve  members,  who 

Provincial  should  sit  at  least  every  three  months,  having  a  superin- 
tending power  over  the  town  and  county  committees,  direct- 
ing the  operations  of  the  militia,  and  censuring  and  punish- 
ing delinquents ;  and  there  was  to  be  a  Provincial  Council  of 
thirteen  members,  two  selected  from  each  district  and  one 
by  the  congress  at  large;  this  council  to  have  full  power 
to  do  all  matters  and  things  to  defend  the  colony,  but  not 
to  alter  or  suspend  any  resolution  of  the  congress.  The 
Provincial  Council  and  committees  of  safety  had  judicial 
powers  conferred  on  them  and  the  right  to  give  judgment  for 
all  demands  not  in  excess  of  £20. 

c.  r.,x,  It  was  further  ordained  that  on  the  third  Tuesday  in 

October  in  every  year  the  freeholders  in  each  county  were 
to  choose  committeemen  and  also  five  deputies  to  represent 
them  in  congress,  and  that  there  should  be  annually  held  on 
November  10th  a  Provincial  Congress.  Committees  of 
secrecy,  intelligence,  and  observation  were  to  be  chosen  by 
the  town  and  county  committees,  who  had  power  to  exam- 
ine all  suspected  persons  and  send  them  to  the  district  com- 
mittees of  safety. 

The  courts  of  oyer  and  terminer  were  held  for  the  sum- 
mer term  of  1775,  but  then  ceased. 


an 


sia 


THE  TEST  AND  ALLEGIANCE  483 

The  congress  did  not  interfere  with  the  organization  of  xJjl 

the  inferior  courts,  but  recommended  that  the  magistrates  £-6R-'x* 
appointed  by  Governor  Martin  should  qualify  and  act ;  how-  August 
ever,  it  directed  that  after  September  10th  no  suit  should 
be  begun  in  any  court  or  before  any  magistrate  without 
leave  from  the  county  committee.  With  the  assent  of  the 
local  committees  of  public  safety,  judicial  proceedings  were 
to  continue,  and  the  county  courts  were  regularly  held  dur- 
ing this  chaotic  period. 

The  congress  also  adopted  a  test,  which  was  required  to   The  test 
be  taken  by  all  delegates  to  the  Provincial  Congress;  and 
later  it  was  required  to  be  subscribed  by  all  persons  holding 
any  position  of  honor  or  trust;  and,  still  later,  by  all  the  c.r., x, 
inhabitants  generally.* 

Hooper,  Hewes,  and  Caswell  were  thanked  for  their  ser- 
vices in  the  Continental  Congress,  and  were  re-elected,  and 
they  were  invested  with  such  powers  that  all  acts  done  by 
them  not  inconsistent  with  instructions  should  be  obligatory 
upon  every  inhabitant  of  the  province;  but  Caswell  and 
Johnston  being  elected  treasurers,  as  they  had  formerly  been 
by  the  Assembly,  Caswell  declined  to  serve  as  a  deputy. 
Remaining  in  the  province,  besides  being  treasurer,  he  be- 
came a  colonel  of  minute  men.  To  fill  that  vacancy,  John 
Penn,  who  had  come  to  North  Carolina  from  Virginia  about 
a  year  earlier,  was  chosen.  Some  dissatisfaction  had  been 
felt  originally  that  the  three  deputies  were  from  the  eastern 

♦[Adopted  September  9,  1775,  required  to  be  subscribed  by  all  vestry- 
men and  others  holding  places  of  trust.] 
We,  the  subscribers,  professing  our  allegiance  to  the  king  and 
acknowledging  the  constitutional  executive  power  of  government, 
do  solemnly  profess,  testify  and  declare,  that  we  do  absolutely  be- 
lieve that  neither  the  Parliament  of  Great  Britain,  nor  any  member 
or  constituent  branch  thereof,  hath  a  right  to  impose  taxes  upon 
these  colonies,  or  to  regulate  the  internal  police  thereof,  and  that 
all  attempts  by  fraud  or  force  to  establish  and  exercise  such  claims 
and  powers  are  violations  of  the  peace  and  security  of  the  people, 
and  ought  to  be  resisted  to  the  utmost,  and  that  the  people  of  this 
province,  singly  and  collectively,  are  bound  by  the  acts  and  resolu- 
tions of  the  continental  and  provincial  congresses,  because  in  both 
they  arc  freely  represented  by  persons  chosen  by  themselves;  and 
we  do  solemnly  and  sincerely  promise  and  engage,  under  the  sanction 
of  virtue,  honor,  and  the  sacred  love  of  liberty  and  our  country,  to 
maintain  and  support  all  and  every  the  acts,  resolutions  and  regula- 
tions of  the  said  continental  and  provincial  congresses  to  the  utmost 
of  our  power  and  abilities. 


484  THE  PROVINCIAL  COUNCIL,  1775-76 

JJJ1  part  of  the  province,  and  Penn  was  now  taken  probably  as  a 

September     western  man  and  as  a  friend  of  Thomas  Person,  both  being 
representatives  of  Granville  County. 

To  provide  means  to  sustain  the  new  government,  it  was 
directed  that  a  sum  of  $125,000  should  be  emitted  in  bills, 
the  standard  being  the  Spanish  milled  dollar,  departing  from 
the  British  currency  of  pounds  and  shillings  for  palpable 
reasons ;  and  a  tax  of  two  shillings  a  year  on  every  taxable 
person  was  laid,  to  be  collected  in  1777  and  for  nine  years 
thereafter,  to  pay  off  this  indebtedness;  and  the  congress 
recommended  that  all  public  taxes  due  should  be  paid  by 
the  people;  but,  except  the  county  and  parish  taxes,  those 
laid  by  the  old  government  to  accrue  in  the  future  were  not 
to  be  collected. 

The  congress  took  steps  to  obtain  a  supply  of  arms  and 
ammunition,  and,  realizing  the  necessities  of  the  situation 
because  of  the  cessation  of  importations,  it  offered  bounties 
for  the  manufacture  of  the  most  important  articles.  Among 
the  commodities  whose  production  it  sought  to  stimulate 
were  saltpetre,  sulphur,  and  gunpowder,  common  salt,  linen 
and  woollen  goods,  hollow  ironware,  pins  and  needles,  and 
wire  for  cotton  cards  and  woollen  cards ;  and  a  considerable 
bounty  was  offered  for  the  erection  of  rolling  mills  for  the 
production  of  nails,  a  furnace  for  the  manufacture  of  steel 
and  of  pig  iron,  and  for  a  mill  making  various  kinds  of 
paper.  Not  only  were  the  needs  of  the  army  to  be  supplied, 
but  the  necessities  of  the  people  were  to  be  provided  for. 

Congress  adjourns 

Its  business  being  now  well  completed,  on  Sunday,  Sep- 
tember 10th,  at  six  o'clock  in  the  morning,  the  congress  met 
in  its  last  session.  It  had  solved  the  momentous  questions 
of  that  eventful  day.  It  had  established  a  system  of  gov- 
ernment, and  had  provided  for  its  perpetuation.  It  had 
raised  troops  for  the  defence  of  the  province  and  created 
a  public  fund.  It  had  appealed  to  the  mother  country  for 
reconciliation,  and  had  drawn  to  the  support  of  the  cause 
many  who  had  been  wavering.  With  brighter  hopes  and 
with  greater  confidence,  and  yet  not  without  apprehension, 
the  members  now  returned  to  their  homes. 


THE  RAISING  OF  TROOPS  485 

At  once  the  many  military  officers,  both  continental  and  'J™ 

of  the  minute  men,  whose  rank  was  to  be  determined  by 
their  promptness  in  the  organization  of  their  command, 
entered  with  zeal  upon  the  work  of  securing  enlistments. 
Throughout  the  province  there  was  the  greatest  activity.  Recruilin8 
Especially  was  this  so  on  the  lower  Cape  Fear.  John  Ashe, 
so  long  the  military  leader  of  his  district,  defeated  in  his 
aspirations,  mortified  at  his  enforced  separation  from  his 
troops,  determined  not  to  be  without  a  command.  Gov- 
ernor Martin  wrote  in  October :  "It  is  possible  also  that  the 
resentment  of  Mr.  John  Ashe,  occasioned  by  his  disappoint- 
ment of  the  chief  command  of  the  military  establishment 
formed  by  the  Provincial  Congress,  will  cause  some  division 
here,  for  it  seems  he  and  his  friends  are  raising  men  of  their 
own  authority,  in  opposition  to  Mr.  James  Moore,  his 
brother-in-law,  who  is  appointed  military  chief  under  the  c.  rm  x, 
congress."  17° 

Mr.  George  Hooper  is  quoted  as  saying  "that  he  could 
never  forget  General  Ashe's  return  from  the  convention  of 
Hillsboro  in  September,  1775.  He  was  in  a  state  of  pro- 
digious excitement.  His  object  was  to  raise  a  regiment,  and 
he  accomplished  it.  You  cannot  imagine  what  a  commotion 
he  stirred  up.  He  kindled  an  enthusiasm  in  New  Hanover 
and  adjacent  counties  of  which  there  is  no  parallel  in  the 
traditions  of  the  State.  He  struck  the  chords  of  passion 
with  a  master  hand.  His  words  roused  the  soul  like  the  roll 
of  the  drum  or  the  roar  of  artillery  at  the  commencement 
of  an  action.  Every  breast  heaved,  as  if  with  the  sentiment 
of  the  Athenian  orator,  'Let  us  away!  Let  us  arm!  Let 
us  march  against  Philip !'  "    Not  only  was  Ashe's  proposed  H00^'*, 

•  n'  'iTu-  >  1  1  1  •  «       Memoir  of 

regiment  in  conflict  with  Moore  s  regulars,  but  also  with  John  Ashe, 
Lillington's  minute  men.    Their  respective  friends  were  all   Mag.',  nif!v' 
activity.    Wearing  the  legends  on  their  hats,  "Who  will  not  37,,(l8s4) 
follow  where  Ashe  leads?"  "Who  will  not  follow  where 
Lillington  leads?"  they  dashed   from  community  to  com- 
munity, from  neighborhood  to  neighborhood,  arousing  the 
people  and  securing  enlistments  for  their  corps.    At  his  own 
charges,  Ashe  raised  a  regiment,  and  for  some  time  main- 
tained it  out  of  his  private  purse.     The  final  organization 
of  Lillington's  battalion  was  perhaps  delayed  by  this  irreg- 


486 


THE  PROVINCIAL  COUNCIL,  1775-76 


«775 


C.  RM  X, 

335.  33^ 


Martin's 
activity 


C.  R.,  X, 

306-308 


Arrival  of 
Highlanders 


C  RM  X, 
3»5 


ular  proceeding.  Moore  was  more  successful,  and  soon  had 
his  continental  regiment  fully  organized,  two  companies  of 
which  were  stationed  near  Fort  Johnston,  where  they  were 
fired  on  by  the  British  cruisers  in  the  harbor. 

The  hostile  demonstrations  of  these  ships  of  war  led  the 
Wilmington  committee  to  direct  John  Slingsby  and  others 
to  procure  necessary  vessels  and  chains  to  sink  in  such  part 
of  the  channel  as  they  thought  proper  to  prevent  their  ascent 
up  the  river. 

It  had  been  Governor  Martin's  expectation  in  July  to  re- 
ceive a  supply  of  arms  and  munitions,  and  with  these  he  hoped 
to  equip  a  sufficient  force  of  Highlanders  and  Regulators  not 
merely  to  subjugate  the  province,  but  also  to  hold  South 
Carolina  and  Georgia.  Later  he  realized  that  the  time  for 
that  had  passed,  and,  without  aid  from  the  British  army, 
he  would  be  unable  to  carry  out  his  cherished  design.  At 
length  his  plan  received  the  sanction  of  the  ministry,  and  on 
September  226.  an  expedition  was  arranged  to  subdue  the 
southern  colonies.  On  November  7th  Dartmouth  wrote  him 
that  seven  regiments  might  be  expected  to  reach  the  Cape 
Fear  about  the  time  that  letter  would  be  received,  and  that 
he  should  lose  no  time  in  sending  emissaries  among  the 
inhabitants  with  authority  for  raising  and  embodying  as 
many  men  as  could  be  procured,  bringing  down  with  them 
horses  and  wagons  for  the  use  of  the  army. 

In  the  meantime  Highlanders  continued  to  arrive — about 
the  middle  of  October  one  hundred  and  seventy-two,  a  little 
later  another  shipload,  and  early  in  December  a  shipload 
reached  Norfolk,  who  desired  permission,  which  was  given, 
to  pass  by  land  to  their  destination  in  Carolina.  On  the 
upper  Cape  Fear  Major  McDonald,  who  had  recently 
arrived,  under  the  orders  of  General  Gage,  was  forming  a 
battalion  of  Highlanders  to  be  commanded  by  Colonel 
McLean;  and  Allan  McDonald  and  Alexander  McLeod, 
each  having  commissions,  were  enrolling  companies.  Gov- 
ernor Martin  also  became  more  hopeful  of  aid  from  the 
Regulators  on  learning  that  many  had  become  indignant 
with  the  action  of  congress  at  Hillsboro;  and  he  was  per- 
suaded that  the  loyal  subjects  infinitely  outnumbered  the 


MISSIONS  TO  THE  CREEKS  AND  CHEROKEES    487 

seditious  throughout  all  the  very  populous  counties  of  the  JJjl 

west. 
In  the  presence  of  these  threatened  dangers,  the  Provincial  Provincial 

_  .««««./.  .  f  1  •      t    1  Council 

Council  held  its  first  meeting  at  the  court-house  in  Johnston  0ct#i  I775 
County  on  October  18th.  Cornelius  Harnett  was  unani- 
mously elected  president,  perhaps  because  it  was  his  section 
of  the  province  that  was  in  peril,  as  well  as  because  of  his 
capacity  and  zealous  activity.  It  took  measures  to  perfect  c.RMx,a83 
the  defence  of  the  province,  exercising  the  high  powers 
with  which  it  was  invested.    Each  district  had  one  vote. 

The  Indians  placated 

The  Cherokee  and  Creek  Indians,  who  had  long  been 
under  the  direction  of  a  very  competent  British  officer,  John 
Stuart,  were  being  influenced  to  take  sides  against  the  col- 
onists, and  the  Continental  Congress  had  appointed  a  com- 
mission, one  of  whom  was  Willie  Jones,  to  secure  their 
neutrality.  In  October  the  Creeks  met  two  of  these  com- 
missioners at  Augusta,  and  in  November  Willie  Jones  and 
the  other  commissioners  convened  at  Salisbury  and  sent  a 
"talk  to  the  beloved  red  men  in  Georgia,"  urging  their 
neutrality  and  promising  the  usual  gifts  which  were  annually 
distributed  among  the  Indians — powder,  blankets,  trinkets, 
etc.,  etc. 

On  the  other  hand,  Stuart  and  his  agent  among  the 
Indians,  who  had  first  also  urged  them  to  neutrality,  now 
began  to  influence  them  to  active  hostility.  "I  found  no 
argument,"  said  Stuart,  "prevail  so  much  among  the  Indians 
as  telling  them  that  while  the  present  disturbances  continued 
they  could  not  expect  to  be  supplied  with  ammunition  and 
other  necessaries  from  Carolina  and  Georgia;  and  that  it 
would  be  their  own  interest  to  join  his  Majesty's  faithful 
subjects  in  restoring  government  and  good  order."  He 
therefore  recommended  that  all  supplies  should  for  the  pres- 
ent be  stopped.  That,  he  thought,  would  determine  the 
savages  to  engage  on  the  side  of  the  British. 

Pursuant  to  the  policy  of  congress,  a  supply  of  Indian 
goods,  embracing  some  powder,  was  despatched  through 
upper  South  Carolina  as  a  present  to  the  Indians.  Several 
years  before,  during  the  same  period  when  the  Regulators 


488 


THE  PROVINCIAL  COUNCIL,  1775-76 


«775 
December 


The 
Scovellites 


C.  R..  X. 

408 


Colonel 
Martin 
marches  to 
aid  South 
Carolina 


Th«*  Snow 
Campaign 


C.  R.,  X, 


Graham's 

Graham, 

108 


were  active  in  North  Carolina,  a  movement  somewhat  sim- 
ilar had  taken  place  in  that  part  of  South  Carolina,  society 
being  disorganized  by  a  social  disturbance.  Courts  and 
lawyers  having  roused  the  animosity  of  the  people,  they 
undertook  to  regulate  matters  without  regard  to  existing 
usages.  Their  chief  leader  was  a  man  named  Scovell,  and 
they  were  generally  known  as  Scovellites.  After  they  were 
dispersed  they  were  out  of  sympathy  with  the  other  inhab- 
itants ;  indeed,  there  was  a  wide  stretch  of  unoccupied  terri- 
tory intervening  between  their  habitations  and  the  seacoast 
counties.  Most  of  them  remained  loyal  to  the  king.  It  was 
among  them  that  David  Fanning  had  found  a  residence,  he 
becoming,  like  them,  an  adherent  of  the  Crown.  Their 
leaders  resolved  to  intercept  the  powder  and  goods  being 
conveyed  to  the  Indians  under  a  small  escort,  and  embody- 
ing a  sufficient  force,  they  seized  the  pack  horses,  declaring 
that  the  ammunition  was  being  sent  to  the  Indians  to  enable 
them  to  make  war  upon  themselves.  At  once  Major  Will- 
iamson marched  against  them  to  recover  the  powder,  but 
the  Scovellites  were  too  strong  for  his  force,  and  he  was 
compelled  to  retreat,  taking  refuge  in  a  stockade  fort  at 
Ninety-six,  where  they  besieged  him.  The  patriot  author- 
ities, aroused  to  the  necessities  of  action,  called  on  their 
friends  in  western  North  Carolina  for  aid,  and  early  in  De- 
cember Lieutenant-Colonel  Alexander  Martin,  of  the  Second 
Continentals,  who  had  in  the  Salisbury  district  two  com- 
panies of  continentals,  one  of  the  First  Regiment,  Captain 
George  Davidson,  and  the  other  of  the  Second  Regiment, 
Captain  John  Armstrong,  proposed  to  march  to  their  assist- 
ance. He  was  joined  by  200  men  from  Rowan  under  Colonel 
Rutherford,  300  from  Mecklenburg  under  Colonel  Polk,  and 
100  from  Tryon  under  Colonel  Neal.  This  body  of  700 
North  Carolinians  reached  General  Richardson,  of  South 
Carolina,  and  Colonel  Thompson,  of  the  Third  South  Caro- 
lina Regiment,  at  Saluda  River  about  December  16th,  when 
the  Scovellites  hastily  abandoned  their  efforts  on  Ninety-six, 
gave  up  the  siege  and  returned  to  Saluda  River.  Unaware 
of  the  near  approach  of  this  new  patriot  force,  they  were 
surprised  on  December  22A  and  400  of  them  taken  prisoners. 
In  the  engagement  Colonel  Polk  was  wounded.    The  powder 


HOWE  AIDS  VIRGINIA 


489 


which  they  had  seized  again  fell  into  the  hands  of  its  lawful 
owners,  and  was  conveyed  to  the  Indians.  The  weather  dur- 
ing this  short  but  eventful  campaign  was  so  inclement  and 
stormy,  with  such  heavy  snows,  that  it  was  known  to  his- 
tory as  the  "Snow  Campaign." 

Still  earlier  than  this  expedition  beyond  the  limits  of  the 
State  was  a  call  from  Virginia  for  aid  in  repelling  British 
operations  in  the  vicinity  of  Norfolk,  where  Lord  Dunmore 
had  begun  a  predatory  warfare,  burning  houses,  ravaging 
plantations  and  carrying  off  negroes.  By  proclamation,  he 
declared  that  all  indented  servants  and  negroes  who  would 
join  his  Majesty's  forces  should  be  free;  and  several  hun- 
dred of  the  inhabitants,  many  of  them  negroes,  repaired  to 
his  standard.  Taking  possession  of  Norfolk,  Dunmore  con- 
structed a  fort  on  the  highway  from  the  south  for  its  pro- 
tection; and  Colonel  Woodford,  in  command  of  the  Vir- 
ginia troops,  fortified  at  Great  Bridge,  a  few  miles  distant. 
The  district  committees  of  safety  in  North  Carolina  had 
power  to  call  into  active  service  the  organized  troops  of 
the  province.  To  assist  the  Virginians,  the  committee  at 
Halifax  hurried  Colonel  Long  with  the  minute  men  of  that 
district  to  Great  Bridge,  and  on  November  28th  ordered 
Major  Jethro  Sumner  to  raise  what  minute  men  and  vol- 
unteers he  could  and  follow  Colonel  Long  with  the  utmost 
despatch ;  and  Colonel  Howe,  whose  chief  command  was  at 
New  Bern,  was  directed  to  lead  his  continentals  also  to 
Norfolk.  On  December  7th  affairs  at  Great  Bridge  were 
reaching  a  crisis.  Colonel  Woodford  wrote  to  Governor 
Henry :  "As  to  the  Carolina  troops  and  cannon,  they  are  by 
no  means  what  I  was  made  to  expect ;  sixty  of  them  are  here 
and  one  hundred  will  be  here  to-morrow;  more,  it  is  said, 
will  follow  in  a  few  days  under  Colonel  Howe;  badly 
armed,  cannon  not  mounted,  no  furniture  to  them." 

Two  days  later  Captain  Fordyce,  commanding  a  force  of 
British  regulars  and  a  detachment  of  sailors,  assaulted  the 
Virginia  fortifications.  He  and  many  of  his  officers  were 
killed,  and  the  British  were  completely  routed,  with  great 
loss,  retreating  at  once  into  Norfolk.  Colonel  Howe  arrived 
after  Colonel  Woodford  had  won  this  great  victory.  Wood- 
ford was  not  a  continental  officer,  and  cheerfully  yielded  the 


«775 


November 


Howe 
inarches  to 
aid  Virginia 


C.  R.,  X, 

337 


490 


THE  PROVINCIAL  COUNCIL,  1775-76 


Howe 
commands 
in  Virginia 


command  to  Howe,  as  being  of  superior  rank,  perhaps  the 
more  cheerfully  as  they  had  served  together  on  the  Holstein 
in  the  French  and  Indian  War.  From  that  time  until  March 
Howe  continued  to  direct  military  operations  in  lower  Vir- 
ginia ;  the  immediate  command  of  his  regiment  devolving  on 
Major  Patten,  Colonel  Armstrong  being  in  western  North 
Carolina. 

Pressing  on  after  the  battle  of  Great  Bridge,  Howe  drove 
the  British  and  the  Tories  from  Norfolk  and  took  possession 
of  the  town. 

On  December  30th  Captain  Bellew,  commanding  the  Brit- 
ish ships,  notified  Colonel  Howe  that  he  would  not  suffer  men 
in  arms  against  their  sovereign  to  appear  before  his 
Majesty's  ships,  and  he  warned  Colonel  Howe  that  his 
sentinels  must  not  be  seen  or  the  women  and  children  might 
suffer — a  plain  intimation  that  he  proposed  to  fire  on  the 
town  unless  the  American  sentinels  should  be  withdrawn. 
Howe's  reply  was  that  he  had  given  orders  to  his  sentinels 
not  to  fire  on  any  boat  unless  approaching  the  shore  in  a 
hostile  manner.  But  Dunmore's  mind  was  made  up.  He 
proposed  to  destroy  Norfolk,  even  if  it  involved  the  slaughter 
of  women  and  children.  Without  further  warning,  about 
three  o'clock  on  the  afternoon  of  the  next  day,  a  cannonade 
of  one  hundred  pieces  opened  on  the  devoted  town  and  con- 
tinued without  interruption  until  ten  o'clock  that  night. 
Under  cover  of  their  guns,  the  British  landed  and  set  fire  to 
the  houses  at  several  places  near  the  water.  They  landed 
frequently,  but  were  repulsed  in  every  instance.  Once,  in- 
deed, they  reached  the  street  with  several  field  pieces,  but 
were  driven  back  with  considerable  loss.  In  the  meantime 
the  conflagration  spread  with  amazing  rapidity,  and  the 
women  and  children,  seeking  to  escape,  were  subjected  to  the 
British  fire  and  some  of  them  were  killed.  For  two  days 
the  fire  raged,  and  nine-tenths  of  the  town  was  destroyed 
before  it  was  extinguished.  A  midshipman  on  board  tHe 
British  ship  Otter  thus  describes  the  event:  "The  detested 
town  of  Norfolk  is  no  more!  Its  destruction  happened  on 
Jan.  1, 1776  New  Year's  Day.  About  four  o'clock  in  the  afternoon  the 
signal  was  given  from  the  Liverpool,  when  a  dreadful 
cannonading  began  from  the  three  ships,  which  lasted  till 


c.  rm  x, 

37» 


Norfolk 
burned 


C.  RM  X, 

381,  387,  393 


NORFOLK  DESTROYED  491 

'twas  too  hot  for  the  rebels  to  stand  on  their  wharves.    Our  ^75 

boats  now  landed  and  set  fire  to  the  town  in  several  places. 
It  burned  fiercely  all  night  and  the  next  day;  nor  are  the 
flames  yet  extinguished;  but  no  more  of  Norfolk  remains 
than  about  twelve  houses,  which  escaped  the  flames." 

A  month  later  Colonel  Howe,  with  the  concurrence  of  his 
officers,  visited  the  Virginia  convention,  then  sitting  at 
Williamsburg,  and  on  his  recommendation  that  body  directed 
that  the  remaining  houses,  only  twelve  in  number,  should  be 
destroyed.  In  Colonel  Howe's  encounters  with  the  British, 
although  his  forces  were  under  a  long-protracted,  heavy 
cannonade,  he  lost  only  five  or  six  men  wounded  and  none 
killed.  It  was  his  good  fortune  to  bear  himself  so  well  that 
notwithstanding  local  jealousies,  he  won  high  applause  and 
received  the  thanks  of  the  Virginia  convention,  while  gain- 
ing merited  distinction  for  himself  and  his  North  Carolina 
troops. 

Colonel  Howe  had  with  him  some  six  hundred  North 
Carolinians  on  this  duty  in  Virginia,  and  the  aid  given  so 
expeditiously  and  effectively  at  the  same  time  against  the 
Scovellites  at  the  south  and  Dunmore  at  the  north  estab- 
lished for  North  Carolina  an  enviable  reputation  throughout 
America. 

Measures  for  defence 
On  December   18th  the   Provincial   Council  met  at  the  £(,Rm  x' 

court-house    of    Johnston    County    in    its    second    session. 

It  was  now  known  that  the  province  was  to  be  invaded; 
and  as  the  inhabitants  were  not  well  supplied  with  arms  and 
ammunition  for  defence,  commissioners  were  appointed  to 
make  and  repair  guns  and  to  purchase  munitions  of  war; 
and  the  delegates  in  the  Continental  Congress  were  directed 
to  send  powder,  drums,  colors  and  fifes  from  Philadelphia  c.  rmx, 
for  the  use  of  the  troops.  355 

Waightstill  Avery,  one  of  the  members,  was  directed  to 
repair  to  South  Carolina  and  obtain  twenty  hundredweight 
of  gunpowder,  a  supply  of  which  had  been  received  from 
abroad  by  that  province.  Powder  and  ammunition  belong- 
ing to  the  British  Government  had  also  been  seized  in  South 
Carolina,  Georgia,  and  apparently  Florida. 


492 


THE  PROVINCIAL  COUNCIL,  1775-76 


C.  R..  X, 

December 


Importa- 
tion* 


Progress  of 
events 


Because  of  the  necessity  to  continue  importations  and 
protect  vessels  engaged  in  such  commerce,  the  council  took 
steps  to  fit  out  three  armed  ships,  one  at  Wilmington,  one 
at  New  Bern,  and  one  at  Edenton,  and  gentlemen  at  each 
of  those  towns  were  appointed  to  charter  one  or  more  vessels, 
which  they  were  to  load  with  commodities  and  send  abroad 
to  procure  arms  and  ammunition  for  the  province.  And 
renewed  efforts  were  made  to  obtain  at  home  an  additional 
supply  of  arms  and  equipments.  It  was  ordered  that  two 
battalions  of  minute  men  should  be  embodied  in  the  district 
of  Salisbury,  one  of  them  to  be  under  Griffith  Rutherford, 
as  colonel,  and  the  other  to  be  commanded  by  Colonel 
Thomas  Polk.  It  was  also  directed  that  the  test  adopted  by 
the  Provincial  Congress  should  be  signed  by  all  the  minute 
men  and  militiamen,  and  it  was  recommended  that  no  person 
should  be  allowed  any  relief  against  a  debtor  unless  ten  days 
previous  to  his  application  he  should  have  subscribed  the 
continental  association  and  the  test. 

Early  in  September  the  address  of  the  Continental  Congress 
urging  the  king  to  point  out  some  way  for  an  accommoda- 
tion was  presented  to  the  ministry  by  Governor  Penn. 
Three  days  later  Dartmouth  replied  that  to  it  no  answer 
would  be  given ;  while  in  a  speech  from  the  throne  it  was 
declared  that  the  protestations  of  loyalty  were  meant  only 
to  deceive,  the  rebellious  war  being  carried  on  for  the  pur- 
pose of  establishing  an  independent  empire.  When  informa- 
tion came  of  this  closing  of  the  door  to  all  hope  of  accom- 
modation the  colonists  were  profoundly  moved.  So  far  there 
had  been  no  purpose  to  separate.  All  that  fall  the  chaplains 
in  Washington's  army  were  still  leading  their  troops  in 
prayer  "for  the  king."  In  December,  James  Hogg,  who  was 
attending  the  Continental  Congress  seeking  recognition  for 
Transylvania,  wrote  that  "the  famous  John  and  Sam  Adams" 
presented  this  difficulty:  "There  seems  to  be  an  impro- 
priety in  embarrassing  our  reconciliation  with  anything  new  ; 
and  the  taking  under  our  protection  a  body  of  people  who 
have  acted  in  defiance  of  the  king's  proclamations  will  be 
looked  on  as  a  confirmation  of  that  independent  spirit  with 
which  we  are  daily  reproached."  As  yet,  even  those  aggres- 
sive delegates  from  Massachusetts  were  unwilling  to  give 


Hope  of  rec- 
onciliation 


373 


THE  GROWTH  OF  INDEPENDENCE  493 

color  to  the  charge  that  they  favored  independence.*    To  ws 

make  a  reasonable  explanation  of  the  resort  to  arms  while  The  Tory 
professing  allegiance,  the  Whig  leaders  denounced  the  buSSST 
efforts  to  deprive  the  colonists  of  their  constitutional  rights 
as  emanating  from  a  profligate  ministry,  and  stigmatized 
those  who  opposed  the  American  cause  as  "tools  of  the 
ministers,"  and  the  British  troops  were  known  as  "minis- 
terial troops."  It  was  sought  to  emphasize  a  distinction  be- 
tween the  king  and  his  ministry ;  but,  indeed,  the  king  was 
more  determined  than  Lord  North,  an  amiable  man,  who  still 
hoped  for  some  accommodation.  George  III  was  of  an 
arbitrary  disposition.  Eeing  intent  to  free  himself  from 
the  great  Whig  leaders,  who  had  governed  ever  since  the 
house  of  Hanover  came  to  the  throne,  he  had  placed  at  the 
head  of  affairs  Lord  North,  who  was  a  Tory,  and  the  admin- 
istration at  this  period  was  conducted  by  Tories.  The  Par- 
liament was  subservient,  but  the  people  were  greatly  divided. 
There  were  those  who  opposed  the  administration  for  politi- 
cal reasons  and  others  who  favored  America  for  industrial 
and  commercial  purposes.  Men  like  Horace  Walpole  con-  J^JSJJJJ 
sidered  that  the  constitution  was  in  danger  from  the  despot- 
ism of  the  king,  and  that  the  preservation  of  British  liberty 
was  involved  in  the  struggle  of  the  Americans  for  their  rights 
as  British  subjects;  the  merchants  and  manufacturers  real- 
ized that  the  prosperity  of  Great  Britain  required  a  cessation 
of  the  disturbance.  About  November  1,  1775,  Walpole 
wrote :  "The  ministers  have  only  provoked  and  united,  not  Waipoie's 
intimidated,  wounded  or  divided,  America.  At  this  instant  3Q  "3JJ  ' 
they  are  not  sure  that  the  king  has  a  foot  of  dominion  left 
on  that  continent."  "It  is  certain  that  the  campaign  has 
answered  none  of  the  expectations  of  the  administration.  It 
seems  to  be  the  opinion  now  that  they  will  think  of  pacific 
measures.  They  have  even  talked  in  Parliament  of  treating. 
The  Parliament  grants  whatever  is  asked;  and  yet  a  great 
alteration  has  happened  in  the  administration.     The  Duke 

♦After  the  event  John  Adams  claimed  that  he  favored  indepen- 
dence as  early  as  the  summer  of  1775.    The  question  in  such  cases 

is,  when  did  he  really  begin  by  acts  and  measures  to  promote  the 
cause?  When  did  he  seek  to  disseminate  views  favorable  to  the 
success  of  the  cause?  The  above  letter  indicates  that  neither  of 
the  Adamses  was  promoting  independence  early  in  December,  1775. 


494  THE  PROVINCIAL  COUNCIL,  1775-76 

w  of  Grafton  has  changed   sides,  and  was   turned  out   last 

Friday.  Lord  Dartmouth  has  quitted  the  American  prov- 
ince and  taken  the  privy  seal.  Lord  George  Germaine  is 
made  secretary  of  state  for  America,  and  Lord  Weymouth 
has  taken  the  southern  province.  The  town  is  impatient  to 
see  whether  this  change  of  men  implies  any  change  of  meas- 
ures. I  do  not  see  why  it  should,  for  none  of  the  new 
ministers  have  ever  inclined  to  the  Americans ;  and  I  doubt 
whether  the  success  of  the  latter  will  make  them  have  a 
better  disposition  toward  the  present  administration.  They 
have  felt  their  strength,  and  experienced  how  much  less  hurt 
we  can  do  them  than  we  imagined.  If  they  have  such  ideas 
of  independence  as  have  been  imputed  to  them,  and  as  prob- 
ably some  ambitious  men  among  them  may  have,  we  have 
done  nothing  to  convince  them  that  their  plan  is  impracticable. 
.  .  .  We  must  exhaust  our  men,  money,  navies  and  trade. 
These  are  the  four  trifling  articles  we  pay  to  the  old  scheme 
of  arbitrary  power.  When  will  the  kings  of  England  learn 
how  great  they  may  be  by  the  constitution ;  how  sure  of 
ruin  if  they  try  to  be  despotic?  Cannot  the  fate  of  the 
Stuarts  teach  even  the  house  of  Hanover  to  have  common 
sense  ?" 

Tories  and  Whigs 

On  December  24th  the  council  resolved  that,  "Whereas, 
Governor  Martin  hath  distributed  great  numbers  of  Tory 
pamphlets  in  the  western  parts  of  this  province,  where  the 
people  are  not  well  informed,"  the  delegates  in  congress  be 
desired  to  secure  the  best  pamphlets  to  counteract  and  frus- 
trate the  wicked  and  diabolical  tools  of  a  corrupt  ministry. 
Anterior  to  this  era  there  had  been  no  political  differences 
among  the  colonists.  The  king  and  the  ministers  had  since 
1688  been  Whigs  and  the  colonists  were  in  full  sympathy 
with  the  administration.  But  when  George  III  broke  with 
the  Whigs  and  formed  the  first  Tory  ministry  under  Lord 
North,  and  the  measures  oppressive  to  America  were  de- 
vised, those  who  adhered  to  the  ministry  and  allied  them- 
selves with  the  Tory  party  became  Tories. 

The  other  inhabitants,  being  in  the  opposition,  naturally 
called  themselves  Whigs,  for  the  Whigs  in  England  violently 


WHIGS  AND  TORIES  495 

opposed  the  administration.    Thus  these  English  party  names  *m 

were,  in  1775,  applicable  in  America. 

Once  introduced  they  became  fixed ;  and  even  after  inde- 
pendence and  separation  became  the  object  of  the  struggle, 
the  revolutionists  still  called  themselves  Whigs.  Likewise 
the  adherents  of  the  Crown  continued  to  be  known  as  Tories, 
and  the  name  Tory  became  a  term  of  odium  and  reproach, 
synonymous  with  detested  enmity  to  the  country :  the  Tories 
being  considered  traitors  and  hated  as  men  aiding  to  de- 
prive the  people  of  their  rights  and  liberties. 


C.  R.,  X, 

♦©7,  «5»,  653 


CHAPTER  XXVIII 

The  Provincial  Council,  1775-76 — Continued 

Martin  prepares  lo  act. — He  sends  commissions. — The  rising. — The 
Western  patriots. — Caswell  marches. — At  Wilmington. — At  Cross 
Creek. — The  Tories  embody. — Moore  at  Rockfish. — McDonald 
marches. — Moore's  Creek. — The  battle. — Death  of  Grady. — The 
Spoils. — Trouble  in  Currituck. — The  effects  of  the  victory. — In  Vir- 
ginia.— In  North  Carolina. — Mary  Slocumb's  ride. — Reports  of 
Caswell  and  Moore. 

Martin  prepares  to  act 

™  Early  in  December  Governor  Martin  sailed  for  Charles- 

ton, where  he  was  detained  a  month,  returning  to  the  Cape 
Fear  only  in  January.  Doubtless  his  conferences  there 
strengthened  his  purpose  to  embody  the  Loyalists  in  the 
interior.  His  original  design  had  been  to  send  a  British 
battalion  to  Cumberland  as  a  nucleus  around  which  the 
Highlanders  and  Regulators  should  centre;  but  no  British 
force  had  reached  him,  although  he  had  been  advised  that  a 
large  expedition  was  now  on  the  way  to  the  Cape  Fear. 
On  his  return  from  South  Carolina  some  of  the  Loyalists 
of  Brunswick  County  solicited  him  not  to  delay  longer,  rep- 
197*787-489  resenting  "that  the  rebel  troops  were  weak;  that  one-third 
of  them  had  not  been  provided  with  arms;  that  they  were 
equally  deficient  of  ammunition,  and  that  the  people  were 
sore  under  their  new-fangled  government  and  had  a  dispo- 
sition to  revolt;  and  that  they  would  engage  in  a  month's 
pian«  to  time  to  raise  two  or  three  thousand  men."  Major  McLean 
ulj^suhe  had  gone  into  the  interior  with  instructions  to  ascertain  the 
number  of  men  that  might  be  relied  on;  and  now  the 
anxious  governor  confided  a  commission  to  a  confidential 
messenger,  recommended  by  the  Brunswick  Loyalists,  to 
establish  the  concert  he  proposed  and  to  carry  necessary 
instructions  to  the  people  of  the  more  distant  counties.  At 
length  Major  McLean  brought  gratifying  assurances  that 
two  or  three  thousand  men,  one-half  of  them  well  armed, 
would  quickly  respond  to  his  call.  This  organization  extended 


c.  R-,  x. 


V 


44  > 


COMMISSIONS  TO  THE  LOYALISTS  497 

from  Surry  County  to  Brunswick,  and  the  plan  promised  lJ* 

good  hope  of  success.  Again  McLean  was  despatched  with 
powers  to  proper  persons  to  raise  and  embody  men  and 
with  orders  to  press  down  to  Brunswick  by  February  15th; 
and  soon  came  a  verbal  message  "that  the  Loyalists  were  in 
high  spirits  and  very  fast  collecting ;  that  they  assured  them- 
selves of  being  six  thousand  strong,  well  furnished  with 
wagons  and  horses ;  that  they  intended  to  post  one  thousand 
at  Cross  Creek,  and  with  the  rest  would  take  possession  of 
Wilmington  by  February  25th  at  farthest."  By  these  emis-  The  Tory 
saries  commissions  were  conveyed  to  the  McDonalds  and 
other  Scotch  leaders  in  Cumberland  and  Anson ;  to  John  c.  r.,  x, 
Pyle,  of  the  county  of  Chatham;  to  William  Fields,  James 
Hunter,  Saymore  York,  and  others,  of  Guilford;  Samuel 
Bryan  and  others,  of  Rowan;  Gideon  Wright  and  James 
Glyn,  of  Surry ;  Paul  Barringer,*  of  Mecklenburg ;  Michael 
Holt,  of  Orange ;  and  Philemon  Hawkins,  of  Bute.*  These 
and  their  associates  were  to  erect  the  king's  standard  and 
array  his  Majesty's  faithful  subjects  in  their  respective 
counties,  forming  them  into  companies  of  fifty  men  each, 
and  with  authority  to  commission  the  company  officers.  The 
preliminary  arrangements  having  been  secretly  made,  the 
Loyalists  soon  were  all  astir. 

Now  the  mission  of  Donald  McDonald  and  Alexander 
McLeod,  who  had  reached  New  Bern  the  previous  June, 
became  known.  The  first  had  an  appointment  as  brigadier- 
general  and  the  latter  as  colonel  in  the  British  army,  and 
they  had  been  sent  by  General  Gage  to  organize  not  merely 
an  insurrectionary  force,  but  a  division  of  Loyalists  in  the 
interior  of  North  Carolina  for  service  in  any  part  of 
America.  At  this  crisis  General  McDonald  took  the  chief 
command,  by  virtue  of  his  commission.  Allan  McDonald, 
the  husband  of  Flora,  was  appointed  by  Governor  Martin 
to  a  subordinate  position,  but  the  highest  in  his  gift.  He 
was  a  man  of  great  influence  and  high  station  among  his 
countrymen.  As  Boswell  saw  him  on  his  native  heath,  just 
prior  to  his  departure  for  America,  he  was  the  beau  ideal 
of  a  Highland  chieftain — of  graceful  mien  and  manly  looks ; 

♦Barringer  and  Hawkins  did  not  accept  these  commissions,  but 
were  Whigs.     Holt  and  Hunter  later  took  the  oath. 


498 


THE  PROVINCIAL  COUNCIL,  1775-76 


1776 

Graham's 
British 
Invasion, 
"5 


Flora 
McDonald 


Ibid.y  in 


C.  R.,  X, 

m  ".'ft- 

1  he  rising 


C.  RM  X, 

443 


C.  R.,  X, 

440 


"he  had  his  tartan  plaid  thrown  about  him,  a  large  blue 
bonnet,  with  a  knot  of  blue  ribbons,  .  .  .  and  brown  coat, 
.  .  .  and  tartan  waistcoat  with  gold  buttons,  ...  a  bluish 
filibeg,  and  tartan  hose;  ...  jet  black  hair  tied  behind; 
...  a  large,  stately  man,  with  a  steady,  sensible  counte- 
nance," then  near  fifty  years  of  age;  a  man,  indeed,  who 
might  well  have  swayed  his  countrymen  to  any  enterprise. 
His  wife,  who  beyond  her  romantic  career  had  also  a  pres- 
ence both  notable  and  attractive,  vied  with  her  husband  in 
manifestations  of  enthusiasm  and  devoted  loyalty.  She  ac- 
companied McDonald  on  horseback  in  arousing  the  Scotch 
to  action,  visiting  the  camp  and  exerting  all  of  her  persuasive 
powers  in  rallying  the  people  to  the  standard. 

The  entire  territory  between  the  Cape  Fear  and  Haw  on 
the  east  and  the  waters  of  the  Yadkin  on  the  west,  inhab- 
ited largely  by  the  Highlanders  and  Regulators,  was  per- 
meated by  loyal  influences,  and  a  close  association  existed 
between  the  chieftains  of  the  Scotchmen  and  the  leaders  of 
those  whom  Governor  Martin  distinguished  as  "the  country 
people."  Both  responded  with  alacrity  to  the  call  of  the 
governor,  and  there  was  general  co-operation  throughout 
that  entire  region.  The  Tories  of  Bladen  and  Surry  and 
Guilford  as  well  as  the  Highlanders  of  Cumberland  and 
Anson  prepared  for  the  march  and  were  organized  into 
companies  by  their  local  officers. 

At  length,  on  February  5th,  there  having  been  a  confer- 
ence of  the  leaders,  Donald  McDonald  issued  his  manifesto 
as  the  commanding  general,  inviting  all  to  repair  to  his 
Majesty's  royal  standard  to  be  erected  at  Cross  Creek. 

The  movement  then  began.  Secret  at  its  inception,  it  now 
was  open,  and  was  at  once  discovered  by  vigilant  Whigs. 
Messengers  were  immediately  despatched  to  give  warning  to 
the  patriot  leaders.  It  was  quickly  known  in  Salisbury, 
where  the  district  Committee  of  Safety  met  on  February  6th 
and  issued  orders  to  the  county  committees  to  embody  and 
send  forward  their  minute  men  and  militia. 


The  western  patriots  act 

The  committee  of  Rowan,  meeting  on  the  same  day,  urged 
the  disaffected  in  the  forks  of  the  Yadkin  to  peace,  now 


LOCAL  WHIGS  EMBODY  499 

at  this  time,  "when  the  friends  of  American  liberty  in  these  'jff 

southern    colonies    are    determined,    by    the    assistance    of   c.  rmx. 
Almighty  God,  at  the  hazard  of  their  lives  and  fortunes,  to  434 
quell  an  insurrection  of  the  blackest  nature,  fomented  and 
supported  by  the  arts  of  wicked  and  abandoned  men  in  the 
very  bosom  of  this  country" ;  and  the  committee  "appointed 
Monday,  February  14th,  as  a  day  of  public  fasting,  humilia-   February 
tion  and  prayer  in  this  country,  and  recommended  that  it  be 
religiously  observed." 

Three  days  later  the  Tryon  committee  hastily  convened,  c.r,x 
and,  pursuant  to  the  directions  of  the  district  committee,  44° 
resolved  that  each  captain  should  detail  one-third  of  the 
effective  men  in  his  district  and  march  to  suppress  the  insur- 
rection. In  every  part  of  the  province  the  same  zeal  was 
manifested.  There  was  no  hesitation.  The  action  of  the 
Whigs  was  quick  and  determined.  At  the  west  they  collected 
at  Charlotte,  Salisbury,  and  Hillsboro. 

Thomas  Person  wrote  from  Hillsboro  on  February  12th,  c.  r.,x, 
saying:  "Things  move  very  well  in  this  place.  The  advo-  45° 
cates  for  liberty  seem  very  numerous,  and  by  what  we  hear, 
their  enemies  are  likely  to  prove  but  few  in  number.  In 
short,  we  hear  that  they  are  mostly  dispersed  up  ahead.  .  .  . 
Tis  said  that  the  Scotch  in  Cumberland  are  making  head. 
.  .  .  The  forces  will  move  from  here,  'tis  thought,  to-morrow 
for  Chatham  County,  toward  Cross  Creek." 

The  Loyalists  in  Surry  appear  to  have  been  speedily  dis- 
persed by  the  active  Whigs  of  that  county.  In  Guilford, 
Colonel  James  Martin  assembled  the  Whigs  at  the  "Cross 
Roads,"  but  the  Tories  resolutely  pressed  on.  A  company  De5uaknied 
of  which  Samuel  Devinny,  one  of  the  former  Regulators,  was 
the  head,  being  opposed  by  Captain  Dent,  killed  him.  James 
Lowe  and  Robert  Adams  were  particularly  charged  with 
firing  the  fatal  shots.  It  thus  appears  that  Captain  Dent  c.  r.,  x, 
was  the  first  North  Carolinian  to  fall  in  the  contest.  s6o» 5" 

An  express  carrying  intelligence  that  the  Loyalists  were   TheWhigs 
embodying,  and  had  on  the  5th  begun  to  march  to  Cross 
Creek,  was  received  by  the  district  Committee  of  Safety  of 
New  Bern  on  the  10th.    The  committee  immediately  directed   c.  r.,  x, 
Colonel  Caswell  to  march  with  his  minute  men  to  suppress 
the  insurrection,  and  the  colonels  of  Dobbs,  Johnston,  Pitt, 


500  THE  PROVINCIAL  COUNCIL,  1775-76 

1JJ?  and   Craven   were  ordered   to   raise  the  militia   of  those 

February  counties  and  join  Caswell.  Similarly,  the  patriot  forces  in 
Mecklenburg  and  Rowan,  in  Granville  and  Bute,  in  the 
Hillsboro  district  and  on  the  Cape  Fear,  were  put  in  rapid 
motion.  The  militia  and  minute  men  of  Surry,  Guilford, 
Orange,  and  Chatham,  under  Colonel  Thackston,  also  hur- 
ried to  the  scene  of  operations. 
^6SR/Vx^.  On  the  9th  the  express  conveying  the  intelligence  of  the 
wuinin  ton  insurrection  reached  Wilmington.  There  the  greatest  ac- 
tivity prevailed.  All  vied  in  enthusiastic  ardor.  Colonel 
Moore  issued  orders  to  prepare  for  marching  against  the 
insurgents.  The  artillery  was  to  be  equipped,  the  companies 
armed,  wagons  supplied  for  transporting  the  provisions.  For 
eighty  hours  there  was  severe,  unremitting  service,  night  and 
day,  making  preparations.  At  length,  being  ready,  Colonel 
Moore,  with  his  regulars  and  artillery,  moved  toward  Cross 
Creek,  being  joined  on  his  route  by  the  Bladen  militia.  Four 
days  later  he  was  followed  by  the  two  companies  of  minute 
men  of  New  Hanover  under  Colonel  Lillington  and  Colonel 
Ashe's  independent  rangers,  while  Colonel  Purviance  re- 
mained with  his  militia  for  the  defence  of  the  town.  On  the 
14th  the  Cruizer  sloop-of-war  with  a  tender  passed  Bruns- 
wick, and,  fearing  an  attack,  many  inhabitants  of  Wilming- 
ton moved  out,  carrying  the  women  and  children,  and  breast- 
works were  thrown  up  on  the  principal  streets  and  wharves 
and  on  the  hills  above  and  below  the  town.  Quickly  there 
came  Captain  Clinton's  company  of  minute  men  from 
Duplin,  a  minute  company  from  Onslow,  and  a  part  of  the 
militia  from  Onslow  under  Colonel  Cray,  and  fifty  men  from 
Brunswick  under  Major  Quince.  These  all  assisted  in  com- 
pleting the  breastworks,  mounting  the  swivels  and  pre- 
paring fire  rafts.  The  Cruizer,  however,  made  no  attack  on 
the  town,  but  tried  to  pass  up  the  Clarendon  River  into  the 
Northwest,  with  the  intention  of  meeting  the  Loyalists  on 
their  way  down  and  protecting  their  provision  boats  from 
Cross  Creek. 

The  attempt,  however,  was  abortive.  Riflemen  on  shore 
attacked  the  men  from  the  Cruizer  whenever  they  landed, 
and  the  water  not  being  sufficient  for  the  vessel  to  pass,  she 
again  fell  below  the  island. 


LOYALISTS  RENDEZVOUS 


5oi 


C.  R.,  X, 

The  royal 


45».  4Q« 


At  Cross  Creek  *j* 

Cross  Creek  had  for  months  been  greatly  disturbed. 
There  a  few  sterling  Whigs  lived  in  the  very  midst  of  the 
Tory  element.  In  the  early  stages  of  the  movement  Rob- 
ert Rowan  had  formed  an  independent  company,  and  patri- 
otically sought  to  determine  the  action  of  the  community. 
But  there  the  Tory  leaders  held  their  meetings  and  resolved 
upon  their  course.  The  first  rendezvous  was  appointed  at  Cross  hui 
Cross  Hill,  near  Carthage,  in  Moore  County,  on  Feb- 
ruary 5th ;  and  thence  the  companies  moved  to  Campbellton. 
Colonel  Thomas  Rutherford,  who  at  the  previous  congress 
had  been  chosen  colonel  of  the  county,  proved  unfaithful, 
and  gave  in  his  adherence  to  the  royal  cause.  He  called  for 
a  general  muster  on  the  12th.  Many,  however,  would  not 
obey.  To  arouse  them,  on  the  next  day  he  issued  a  flaming 
manifesto,  entreating,  beseeching,  and  commanding  the 
people  to  join  the  king's  army.  On  the  16th  the  converging  JJJJ*^ 
columns  began  to  arrive,  and  Peter  Hay  bore  the  royal 
standard  from  Campbellton  to  Cross  Creek,  where  it  was 
formally  erected.  Now  regiments  came  in  from  Anson, 
Chatham,  Guilford,  and  Bladen,  and  companies  from  Orange 
and  Rowan  and  other  communities.  The  entire  number  of 
Loyalists  then  assembling  at  Cross  Creek  was  variously  esti- 
mated at  between  thirty-five  hundred  and  five  thousand  men. 
Colonel  Cotton,  of  Anson,  and  other  leaders  asserted  that 
there  would  be  five  thousand  of  the  Regulators  in  addition  to 
the  Highlanders.  But  it  had  been  given  out  that  Governor 
Martin  was  at  Campbellton  with  a  thousand  British  regulars 
to  receive  them,  and  this  report  had  given  an  impetus  to  the 
movement.  On  approaching  their  encampment  the  state- 
ment was  found  to  be  without  foundation,  and  large  num- 
bers abandoned  the  cause.  Deceived  in  one  matter,  the  Reg- 
ulators lost  confidence  in  all  other  representations  made  by 
their  leaders,  and  hundreds  retired. 

General  McDonald,  who  had  fought  at  Culloden  and  at 
Bunker  Hill,  was,  however,  resolute,  and,  notwithstanding 
this  defection,  marshalled  his  forces,  preparing  to  take  up 
his  route  to  the  seacoast.  There  were  two  main  roads,  one 
on  the  south  of  the  river  to  Brunswick  and  the  other  crossing 
Corbett's  Ferry  on  the  Black  and  leading  to  Wilmington. 


The 

Regulators 

withdraw 


502 


THE  PROVINCIAL  COUNCIL,  1775-76 


1776 

Moore  at 
Rockfish 
Creek 


Moore's 
Report 


McDonald 
moves 


McDonald  moved  forward  some  four  miles  on  the  former 
and  rested,  awaiting  developments.  On  reaching  the  vicin- 
ity, Colonel  Moore,  understanding  that  the  Loyalists  would 
proceed  by  the  former,  took  post  at  Rockfish  Creek,  four 
miles  below  McDonald's  camp,  and  held  that  pass.  There 
he  was  quickly  joined  by  Rowan  and  sixty  Whigs  from 
Cross  Creek,  and  later  was  reinforced  by  Lillington  and 
Ashe  and  by  Colonel  Kenan  with  the  Duplin  militia,  increas- 
ing his  numbers  to  fifteen  hundred.  In  the  meanwhile 
Colonel  Thackston  and  Colonel  Martin  were  rapidly  ap- 
proaching from  the  west  with  still  larger  reinforcements. 
On  February  19th  General  McDonald  addressed  a  communi- 
cation to  Moore  enclosing  the  governor's  proclamation, 
offering  free  pardon  and  indemnity  for  all  past  transgres- 
sions if  the  colonel  and  his  officers  would  lay  down  their 
arms  and  take  the  oath  of  allegiance,  "otherwise  he  should 
consider  them  as  traitors  and  take  necessary  steps  to  con- 
quer and  subdue  them.,,  Moore  replied  that  he  would  give 
a  more  particular  answer  the  next  day,  when  he  would  per- 
haps have  an  opportunity  of  consulting  with  Colonel  Mar- 
tin,* then  in  the  neighborhood.  It  appears  that  he  sought  to 
prolong  the  correspondence  that  Martin  and  Thackston 
might  arrive.  On  the  night  of  the  20th,  the  defection  of 
the  Loyalists  continuing — indeed,  two  companies  of  Cotton's 
regiment  deserted  in  a  body  and  McDonald  having  infor- 
mation of  Caswell's  near  approach  from  the  east,  the  astute 
British  general  resolved  to  wait  no  longer,  and  under  cover 
of  darkness  he  crossed  the  river  and  took  the  upper  road  for 
Wilmington.  At  best  he  would  have  only  Caswell  to  con- 
tend with,  and  he  thought  to  easily  overcome  that  detach- 
ment. Moore,  on  learning  of  the  movement,  directed 
Thackston  and  Martin  to  take  possession  of  Cross  Creek, 
and  ordered  Caswell  to  return  and  hold  Corbett's  Ferry  over 
the  Black,  while  Lillington  and  Ashe  were  hurried  by  a 
forced  march  to  reinforce  Caswell  if  possible,  but  if  not,  to 
take  possession  of  Moore's  Creek  Bridge  on  the  same  road, 
but  nearer  to  Wilmington.  In  the  meantime,  as  it  was  ap- 
prehended that  McDonald  might  attempt  to  pass  through 

♦Lieutenant-Colonel    Alexander   Martin,  of  the   Regulars.     Lieu- 
tenant-Colonel James  Martin,  of  the  militia,  was  with  Thackston. 


BATTLE  OF  MOORE'S  CREEK  BRIDGE  503 

Duplin,  pursuing  a  route  still  farther  to  the  eastward,  the  !™f 

bridges  in  that  county  were  partly  demolished,  Colonel  Cray 
holding  back  Salter's  company  for  that  duty,  and  the  inhab- 
itants being  ready  to  destroy  the  others  if  necessary  to 
obstruct  the  march  of  the  Tories.  At  Wilmington,  Colonel 
Purviance  was  all  activity,  and  to  arrest  their  boats,  should 
they  descend  the  river,  he  threw  a  boom  across  the  stream 
at  Mount  Misery,  four  miles  above  the  town,  and  stationed 
one  hundred  and  twenty  men  there,  while  with  another  de- 
tachment he  held  the  pass  of  Heron's  Bridge,  ten  miles  out 
on  the  northeast  branch.  Having  despatched  his  orders  to 
intercept  the  progress  of  the  Tory  column,  Moore  hastened 
to  Elizabethtown,  hoping  to  strike  McDonald  on  his  route 
to  Corbett's  Ferry  or  to  fall  in  his  rear  and  surround  him. 
McDonald  was  a  very  competent  commander,  resourceful, 
and  determined.  Failing  to  overtake  Caswell,  he  departed 
from  the  regular  road,  raised  a  flat  that  had  been  sunk  in 
Black  River  some  five  miles  above  Corbett's  Ferry,  quickly 
erected  a  bridge  and  passed  that  stream.  Because  of  this 
movement,  Moore  ordered  Caswell  to  retire  to  Moore's 
Creek,  and  himself  hurried  toward  that  point. 

The  battle  of  Moore's  Creek  Bridge 

Lillington,  unable  to  make  a  junction  with  Caswell,  fell 
down  the  river  in  boats,  and  took  post  at  Moore's  Creek 
Bridge,  and  threw  up  some  entrenchments  near  by ;  but  later 
he  abandoned  that  position,  moved  farther  back,  and  erected 
other  entrenchments,  which  he  strengthened  with  a  few 
pieces  of  light  artillery.  Toward  the  evening  of  Feb-  Ca»weir» 
ruary  26th  Caswell  also  arrived  at  the  bridge,  and  after  eport 
he  had  crossed  it  the  planks  were  removed.  He  placed  his 
troops  in  a  position  farther  off  than  that  occupied  by  Lilling- 
ton, who  remained  on  the  ground  where  he  had  entrenched. 
The  Highlanders  and  some  two  hundred  Regulators  reached 
the  same  vicinity  that  night.  General  McDonald  lay  ill  at  a 
farmer's  house,  and  in  camp  a  council  was  held  to  determine 
whether  an  assault  should  be  made  or  a  detour  attempted. 
McLeod,  a  trained  soldier,  who  had  left  his  bride  (a 
daughter  of  Flora  McDonald)  at  the  altar  in  haste  to  do  duty  Uni.  Mag., 
for   his  king,  doubted;   McLean,   adventurous,  spirited,  a      '3°5(*53 


504  THE  PROVINCIAL  COUNCIL,  1775-76 

*j£  veritable    "spitfire,"    emphatically    demanded    courageous 

action.    "Well,"  exclaimed  McLeod,  as  he  closed  the  council, 

Feb.  a7f  1776  "at  dawn  to-morrow  we  will  prove  who  is  the  coward."  In 
the  early  morning  their  advance  crossed  the  stream,  and 
observing  the  first  entrenchments  unoccupied,  supposed  the 
road  was  open.  Their  commander,  McLeod,  loudly  calling 
on  them  to  follow,  dashed  forward;  but  the  artillery  and 
riflemen  at  once  opened  a  murderous  fire,  and  the  unexpected 
and  destructive  volley  drove  back  the  head  of  the  column, 
thirty  falling  on  the  ground  and  a  number  of  others  into 
the  stream.  The  gallant  McLeod  himself  was  pierced  by 
twenty  balls.  McLean  survived,  in  after  life  sedate,  sad- 
dened by  the  unhappy  fate  of  the  bridegroom  of  an  hour. 

The  victory  A  detachment  was  now  thrown  by  Caswell,  the  commanding 
officer,  across  the  creek,  and  it  resolutely  attacked  the  dis- 
ordered Tories,  who,  having  lost  their  leaders,  soon  gave 
way  and  fled.  In  a  few  moments  the  battle  was  over.  A 
great  victory  was  won.  The  insurrection  was  suppressed 
by  one  sharp  blow  and  the  peril  that  threatened  the  province 
was  averted.  Happily,  the  patriot  force  escaped  with  but 
little  loss.  Two  men  were  wounded,  one  of  them,  however, 
to  the  death — John  Grady,  of  Duplin,  the  first  North  Caro- 
linian recorded  in  history  to  yield  his  life  on  a  contested 
battlefield  in  the  war  for  independence. 

The  $poii»  Routed,  the  Highlanders  quickly  dispersed,  leaving  their 
general,  then  quite  ill,  in  the  hands  of  his  enemies.  Eight 
hundred  and  fifty  of  the  insurgents  were  captured,  among 
them  many  of  their  officers.  Besides  there  fell  into  the 
possession  of  the  Whigs  three  hundred  and  fifty  guns  and 
shot  bags,  one  hundred  and  fifty  swords  and  dirks,  fifteen 
hundred  excellent  rifles,  two  medicine  chests,  fresh  from 

C-R.X,       England,  one  of  them  valued  at  £300  sterling;  a  box  of 

595'  guineas,  found  secreted  in  a  stable  at  Cross  Creek,  reported 

to  be  worth  £15,000  sterling,  and  thirteen  wagons  with  their 
horses — a  fortunate  addition  to  the  slender  supplies  of  the 
provincial  army.  For  some  days  detachments  of  the  Whig 
troops  were  occupied  in  scouring  the  country,  arresting  the 
Loyalists  and  disarming  them.  Among  those  taken  were 
Colonel  John  Pyle,  four  of  the  Fields  family,  James  Hunter, 
Saymore  York,  Rev.  George  Micklejohn,  Colonel  Ruther- 


AGGRESSIVE  MOVEMENTS 


50S 


ford,  of  Cumberland,  and  many  of  the  leaders  of  the  Regu- 
lators, as  well  as  the  McDonalds  and  other  chiefs  of  the 
Highlanders. 


1776 


Moore  and 

Howe 

thanked 


The  council  in  session 

President  Harnett,  in  view  of  the  insurrection,  had  con-  c.r.,x,46q 
vened  the  Provincial  Council  at  New  Bern  on  February  27th, 
and  the  body  was.  in  session  when  information  was  received 
of  the  death  blow  given  to  the  movement  of  the  Loyalists. 
Colonel  Caswell,  being  senior  in  rank  to  Colonel  Lillington, 
despatched  information  of  his  victory,  and  Colonel  Moore 
made  a  detailed  report  to  President  Harnett  of  the  entire 
campaign.  At  once  the  council  adopted  resolutions  return- 
ing thanks  "to  Colonel  James  Moore  and  all  the  brave 
officers  and  soldiers  of  every  denomination  for  their  late 
very  important  services  rendered  their  country  in  effectually 
suppressing  the  late  daring  and  dangerous  insurrection  of 
the  Highlanders  and  Regulators."  Equally  good  accounts 
being  received  of  Howe's  fine  conduct  in  Virginia,  the  coun- 
cil, with  just  pride  in  the  glorious  achievements  of  North 
Carolinians,  rendered  thanks  "in  the  fullest  and  most  hon- 
orable terms  to  Colonel  Howe  and  all  the  brave  officers  and 
soldiers  under  his  command  for  their  spirited  conduct,  hav- 
ing acquitted  themselves  greatly  to  the  honor  and  good  of 
their  country."  But  in  that  hour  of  rejoicing  there  was 
also  need  for  action.  The  scattered  insurgents  were  to  be 
apprehended,  and  all  suspected  of  Toryism  were  required 
to  take  an  oath  that  they  would  not  under  any  pretence  what- 
ever oppose  the  measures  of  the  continental  or  provincial 
congresses. 

Almost  simultaneously  with  the  rising  on  the  Cape  Fear, 
disaffection  manifested  itself  in  Currituck,  doubtless  stimu- 
lated by  the  efforts  of  Governor  Dunmore  in  Virginia.  The 
militia  of  Bertie,  Martin  and  some  other  counties  were 
marched  to  suppress  it;  and  the  council  on  March  2d  re- 
turned the  warmest  thanks  to  Colonel  William  Williams 
and  the  other  gentlemen,  officers,  and  soldiers  from  the 
counties  of  Martin  and  Bertie  for  their  readiness  and  spirited 
conduct  in  marching  against  the  enemies  of  their  country; 
and  the  congress  later  made  a  considerable  appropriation  to 


c.  r.,  x, 

47a,  57» 

Risinc  in 
Currituck 


506  THE  PROVINCIAL  COUNCIL,  1775-76 

lJjt  pay  the  militia  of  Bute,  led  by  Colonel  Hawkins  against  the 

insurgents  during  the  "late  Currituck  expedition." 

It  being  known  that  a  British  army  was  on  its  way  to 
the  South,  the  Continental  Congress  had  recommended  the 
Provincial  Council  to  confer  with  the  authorities  of  Vir- 
ginia and  of  South  Carolina  to  devise  means  of  defence; 
and  Sam  Johnston,  Thomas  Jones,  and  Thomas  Person  were 
directed  to  go  to  Virginia,  and  Abner  Nash  and  John 
Kinchen  to  Charleston,  to  consult  on  measures  for  the  secur- 
ity of  these  colonies.  As  additional  troops  would  certainly 
be  needed,  Colonel  Polk  and  Major  Phifer  were  directed  to 
recruit  seven  hundred  and  fifty  men  to  form  a  new  con- 
tinental regiment ;  and  congress  was  called  to  meet  at  Hali- 
fax on  April  2d. 

The  effects  of  the  victory 

Governor  Martin  was  greatly  disconcerted  by  this  ending 
of  the  movement  from  which  he  had  hoped  so  much ;  but  he 
was  not  discouraged,  and  attributed  the  falling  off  of  the 
country  people  from  the  enterprise  to  their  disappointment 
in  finding  that  a  deception  had  been  practised  on  them  by 
the  representation  that  he  himself  with  one  thousand  regu- 
lars was  at  Cross  Creek.  He  still  expected  that  if  such  a 
force  were  to  penetrate  into  the  interior  thousands  of  Loyal- 
ists would  flock  to  his  standard,  and  he  represented  to  the 
ministry  "that  the  little  check  the  Loyalists  have  received 
will  not  have  any  extensive  ill  consequences.  All  is  recover- 
able by  a  body  of  troops  penetrating  into  the  country." 

And  so,  indeed,  it  was.  The  Loyalists,  though  disheart- 
ened, generally  remained  faithful  to  the  Crown.  Disarmed 
and  deprived  of  their  leaders,  many  of  whom  had  been  cap- 
tured and  confined,  they  had  no  heart  to  undertake  any  new 
movement,  but  thousands  of  them  continued  during  the  long 
years  of  the  struggle  unfriendly  to  the  American  cause  and 
devoted  adherents  of  Great  Britain. 
hIm,hR&  On  the  Whigs  the  victory  had  a  potent  effect.    It  animated 

Rethuebiic       them  with  hope,  established  confidence  in  their  prowess,  and 
503        '      added  fuel  to  the  fires  of  patriotism.    Their  spirit  ran  high. 
"You  never  knew  the  like  in  your  life  for  true  patriotism," 
wrote  a  North  Carolinian  to  his  correspondent  in  Philadel- 


THE  RESULTS  OF  VICTORY  507 

phia,  and  the  newspapers  teemed  with  the  details  of  the  Ujt 

brilliant    victory.      Another    Carolinian,    writing    to    the 
Remembrancer,  said: 

It  is  inconceivable  to  imagine  what  joy  this  event  has  diffused 
through  this  province;  the  importance  of  which  is  heightened  by 
Clinton  and  Lord  William  Campbell's  being  now  in  Cape  Fear.  .  .  .    Thc9pjritof 
How  amazingly  mortified  must  they  prove  in  finding  that  ...  in   the  Whigs 
less  than  fifteen  days  [we]  could  turn  out  more  than  ten  thousand 
independent  gentlemen  volunteers.  .   .    .   Since  I  was  born  I  never   fj£tf*l% 
heard  of  so  universal  an  ardor  for  fighting  prevailing,  and  so  per- 
fect a  union  among  all  degrees  of  men.  ...  I  think  the  province 
will  and  ought  to  call  for  hostages  from  the  Regulators  and  High- 
landers to  be  safely  kept  in  some  other  province,  beyond  the  possi- 
bility of  a  rescue,  during  the  present  commotions. 

Independence 

Ten  months  had  passed  since  the  clash  of  arms  at  Lexing- 
ton had  roused  the  passion  of  the  patriots,  and  now  Moore's 
Creek  brought  joy  throughout  the  colonies. 

The  ease  with  which  a  well-devised  and  widely  extended 
insurrection  had  been  quelled  excited  an  ardor  that  stirred 
the  Revolutionists  from  the  seaboard  to  the  mountains.  The 
iron  had  entered  into  their  souls  in  the  time  of  peril,  and 
now  in  the  exultation  and  rejoicing  there  was  mingled  a  in  pUJp<!l!ege 
higher  resolve,  and  suddenly  the  nature  of  the  contest 
changed.  Theretofore  reconciliation  had  been  desired ;  now, 
as  if  by  magic,  the  watchword  became  independence,  and 
the  thoughts  and  aspirations  of  the  people  were  centred  on 
entire  and  final  separation.  No  longer  as  British  subjects, 
but  as  American  freemen,  they  dared  the  hazard  of  the 
struggle. 

Similar  experiences,  perhaps,  worked  a  like  result  in  Vir-   Frothing- 
ginia.     In  April  a  great  change  was  noted  in  that  province.   RUe'of  the 
Whereas  in  March   the  Virginians  were  not  favorable  to  £*pub,,c» 
independence,  in  April  they  were  almost  unanimous  for  it. 
A  letter  written  from  Halifax  about  the  middle  of  April, 
which  may  be  attributed  to  Hooper,  who  had  just  arrived 
from  Philadelphia,  says: 

I  arrived  here  after  a  tedious  journey.  As  I  came  through  Vir- 
ginia, I  found  the  inhabitants  desirous  to  be  independent  from 
Britain.    However,  they  were  willing  to  submit  their  opinion  on  the 


508  THE  PROVINCIAL  COUNCIL,  1775-76 

m6  subject  to  whatever  the  general  congress  should  determine.    North 

*~  Carolina  by  far  exceeds  them,   occasioned  by  the  great   fatigue, 

trouble  and  danger  the  people  here  have  undergone  for  some  time 
past  Gentlemen  of  the  first  fortune  in  the  province  have  marched 
Mae'  n"1'  as  common  soldiers,  and,  to  encourage  and  give  spirit  to  the  men, 
157,158(1853)  have  footed  it  the  whole  time.  Lord  Cornwall  is  with  seven  regiments 
is  expected  to  visit  us  every  day.  Clinton  is  now  in  Cape  Fear  with 
Governor  Martin,  who  has  about  forty  sail  of  vessels,  armed  and  un- 
armed, waiting  his  arrival.  The  Highlanders  and  Regulators  are 
not  to  be  trusted.  Governor  Martin  has  coaxed  a  number  of  slaves 
to  leave  their  masters  in  the  lower  parts;  everything  base  and 
wicked  is  practised  by  him.  These  things  have  wholly  changed 
the  temper  and  disposition  of  the  inhabitants,  that  are  friends  to 
liberty.  All  regard  or  fondness  for  the  king  or  nation  of  Britain  is 
gone;  a  total  separation  is  what  they  want.  Independence  is  the 
word  most  used.  They  ask  if  it  is  possible  that  any  colony,  after 
what  has  passed,  can  wish  for  a  reconciliation.  The  Convention 
have  tried  to  get  the  opinion  of  the  people  at  large.  I  am  told  that 
in  many  counties  there  is  not  one  dissenting  voice.* 

Mary  Slocumb's  ride 
m«.  Filet'*       There  is  recorded  a  picturesque  narrative  that  illustrates 
Am^Rev.,     the  furor  which  pervaded  the  entire  Whig  section  when  the 
,36t  fathers,  husbands,  and  brothers  of  the  families  hurried  out 

to  meet  the  Tories  in  February,  1776.  War  had  never  be- 
fore visited  that  section,  but  now  was  at  their  very  doors. 
Its  unknown  terrors  inflamed  the  imagination  and  disturbed 
every  household.  Anxiety  pervaded  every  heart.  The  men 
courageously  marched  to  the  front,  the  women  suffered 
dreadful  solicitude.  Mrs.  Mary  Slocumb,  the  wife  of 
Captain  Ezekiel  Slocumb,  gave  this  account  of  the  experi- 
ence that  befell  her.  Their  residence  was  on  Neuse  River, 
in  what  is  now  Wayne  County :  "The  men  all  left  on  Sunday 
morning.  More  than  eighty  went  from  this  house  with  my 
husband.  .  .  .  They  got  off  in  high  spirits,  every  man  step- 
ping high  and  light.  And  I  slept  soundly  and  quietly  that 
night,  and  worked  hard  all  the  next  day ;  but  I  kept  thinking 
where  they  had  got  to — how  far,  where,  and  how  many 
Regulators  and  Tories  they  would  meet;  and  I  could  not 
keep  myself  from  the  study.     I  went  to  bed  at  the  usual 

*The  name  of  the  writer  of  this  letter  is  not   stated,  but   from 
internal  evidence  the  author  attributes  it,  without  doubt,  to  Hooper. 


MARY  SLOCUMB'S  RIDE  509 

time.  ...  As  I  lay — whether  waking  or  sleeping  I  know  2jf 

not — I  had  a  dream,  yet  it  was  not  all  a  dream.  I  saw  dis- 
tinctly a  body  wrapped  in  my  husband's  guard  cloak,  bloody, 
dead,  and  others  dead  and  wounded  on  the  ground.  ...  I 
saw  them  plainly  and  distinctly.  I  uttered  a  cry  and  sprang 
to  my  feet  on  the  floor ;  and  so  strong  was  the  impression  on 
my  mind  that  I  rushed  in  the  direction  the  vision  appeared. 
.  .  .  The  fire  in  the  room  gave  little  light,  and  I  gazed  in 
every  direction  to  catch  another  glimpse  of  the  scene.  .  .  . 
If  ever  I  felt  fear  it  was  at  that  moment.  Seated  on  the  bed, 
I  reflected  .  .  .  and  said  aloud,  4I  must  go  to  him.'  ...  I 
went  to  the  stable,  saddled  my  mare — as  fleet  and  easy  a  nag 
as  ever  travelled — and  in  one  minute  we  were  tearing  down 
the  road  at  full  speed.  ...  I  knew  the  general  route  our 
little  army  expected  to  take,  and  had  followed  them  without 
hesitation."  All  night  long  she  rode  through  the  piney  for- 
ests of  Duplin  and  New  Hanover  counties.  Then  continuing, 
she  said :  "About  sunrise  I  came  upon  a  group  of  women 
and  children  standing  and  sitting  by  the  roadside,  each  one 
of  them  showing  the  same  anxiety  of  mind  I  felt.  .  .  . 
Again  was  I  skimming  over  the  ground  through  a  country 
thinly  settled,  and  very  poor  and  swampy,  .  .  .  when  I 
heard  a  sound  like  thunder,  which  I  knew  must  be  cannon. 
It  was  the  first  time  I  ever  heard  a  cannon.  I  stopped  still, 
when  presently  the  cannon  thundered  again.  The  battle 
was  then  fighting.  ...  I  could  hear  muskets ;  I  could  hear 
rifles;  I  could  hear  shouting.  I  spoke  to  my  mare,  and 
dashed  on  in  the  direction  of  the  firing  and  the  shouts,  now 
louder  than  ever.  ...  A  few  yards  from  the  road,  under  a 
cluster  of  trees,  were  lying  perhaps  twenty  men.  They  were 
the  wounded.  I  knew  the  spot,  the  very  trees,  and  the  posi- 
tion of  the  men  I  knew  as  if  I  had  seen  it  a  thousand  times. 
I  had  seen  it  all  night.  I  saw  all  at  once ;  but  in  an  instant 
my  whole  soul  was  centred  in  one  spot,  for  there,  wrapped 
in  his  bloody  guard  cloak,  was  my  husband's  body!  How 
I  passed  the  few  yards  from  my  saddle  to  the  place  I  never 
knew.  I  remember  uncovering  his  head  and  seeing  a  face 
clotted  with  gore  from  a  dreadful  wound  across  the  temple. 
I  put  my  hand  on  the  bloody  face ;  'twas  warm,  and  an  un- 
known voice  begged  for  water  ...  it  was  Frank  Cogdell. 


the  victor 


510  THE  PROVINCIAL  COUNCIL,  1775-76 

lJ*  ...  Just  then  I  looked  up,  and  my  husband,  as  bloody  as  a 

butcher  and  as  muddy  as  a  ditcher,  stood  before  me."  It 
is  said  that  Slocumb's  company  was  of  the  detachment  that 
forded  the  creek  and,  penetrating  the  swamp,  made  the 
furious  charge  on  the  Tory  rear  that  decided  the  fate  of 
the  day. 

Colonel  Caswell's  report  to  President  Harnett: 

Camp  at  Long  Creek,  Feb.  29,  1776. 
Sir  :  I  have  the  pleasure  to  acquaint  you  that  we  had  an  engagement 
with  the  Tories,  at  Widow  Moore's  Creek  Bridge,*  on  the  27th  cur- 
rent. Our  army  was  about  one  thousand  strong,  consisting  of  the 
New  Bern  battalion  of  minute  men,  the  militia  from  Craven,  John- 
ston, Dobbs  and  Wake,  and  a  detachment  of  the  Wilmington  battalion 
of  minute  men,  which  we  found  encamped  at  Moore's  Creek  the 
night  before  the  battle,  under  the  command  of  Colonel  Lillington. 
The  Tories,  by  common  report,  were  3000;  but  General  McDonald, 
whom  we  have  a  prisoner,  says  there  were  about  fifteen  or  sixteen 
Caswell,  hundred.  He  was  unwell  that  day,  and  not  in  the  battle.  .  .  . 
The  Tories  were  totally  put  to  the  route,  and  will  certainly  disperse. 
Colonel  Moore  arrived  at  our  camp  a  few  hours  after  the  engagement 
was  over.  His  troops  came  up  that  evening,  and  are  now  encamped 
on  the  ground  where  the  battle  was  fought.  And  Colonel  Martin 
is  at  or  near  Cross  Creek,  with  a  large  body  of  men.  Those,  I  pre- 
sume, will  be  sufficient  effectually  to  put  a  stop  to  any  attempt  to 
embody  again.  I  therefore,  with  Colonel  Moore's  consent,  am  re- 
turning to  New  Bern  with  the  troops  under  my  command,  where  I 
hope  to  receive  your  orders  to  dismiss  them.  There  I  intend  carry- 
ing the  general. t  If  the  council  should  rise  before  my  arrival,  be 
pleased  to  give  order  in  what  manner  he  shall  be  disposed  of.  Our 
officers  and  men  behaved  with  the  spirit  and  intrepidity  becoming 
freemen,  contending  for  their  dearest  privileges.  _ 

XvICrlARD   v^ASWELL. 

Report  of  Colonel  Moore  to  President  Harnett: 

Wilmington,  March  2,  1776. 
Sir:  On  the  earliest  intelligence  that  the  Tories  were  collecting  and 
embodying  at  Cross  Creek,  which  I  received  on  February  9th,  I  pro- 

*"Widow  Moore's,"  on  Black  River,  was  a  well-known  plantation 
as  early  as  1737.  The  line  dividing  the  Welsh  Tract  from  Rocky 
Point  began  on  Black  River  at  "Widow  Moore's."  From  there  the 
Welsh  Tract  district  extended  to  the  bounds  of  the  precinct  or 
county.  It  was  so  called,  apparently,  because  laid  off  by  the  Evanses 
for  a  settlement  of  Welshmen.     (Records  of  New  Hanover,  A.D. 

tGeneral  McDonald. 


MOORE'S  REPORT  511 

ceeded  to  take  possession  of  Rockfish  Bridge,  within  seven  miles  of  J7J6 

Cross  Creek,  which  I  considered  as  an  important  post.  This  I  effected  Moore's 
on  the  15th  with  my  own  regiment,  five  pieces  of  artillery,  and  a  camPal*n 
part  of  the  Bladen  militia;  but  as  our  numbers  were  by  no  means 
equal  to  that  of  the  Tories,  I  thought  it  most  advisable  to  entrench 
and  fortify  that  pass,  and  wait  for  a  re-enforcement.  By  the  19th 
I  was  joined  by  Colonel  Lillington  with  150  of  the  Wilmington 
minute  men,  Colonel  Kenan  with  200  of  the  Duplin  militia,  and 
Colonel  Ashe  with  about  one  hundred  of  the  volunteer  independent 
rangers,  making  our  numbers,  then,  in  the  whole  about  eleven  hun- 
dred ;  and  from  the  best  information  I  was  able  to  procure  the  Tory 
army  under  command  of  General  McDonald  amounted  to  about 
fourteen  or  fifteen  hundred.  On  the  20th  they  marched  within  four 
miles  of  us,  and  sent  in  by  a  flag  of  truce  the  governor's  proclama- 
tion, a  manifesto  and  letter  from  the  general,  copies  of  which,  to- 
gether with  another  letter  and  my  answers,  you  have  enclosed.  I 
then  waited  only  until  Colonel  Martin  and  Colonel  Thackston,  who 
I  had  certain  intelligence  were  on  their  march,  should  get  near 
enough  to  cut  off  their  retreat,  and  then  determined  to  avail  myself 
of  the  first  favorable  opportunity  of  attacking  them.  However,  con- 
trary to  my  expectations,  I  learned  on  the  21st  that  they  had  the 
night  before,  and  that  morning,  crossed  the  Northwest  river  at 
Campbell  ton  with  the  whole  army,  sunk  and  destroyed  all  the  boats, 
and  taken  their  route  the  most  direct  way  to  Negro-head  Point* 
I  then  despatched  an  express  to  Colonel  Caswell,  who  was  on  his 
march  to  join  us  with  about  eight  hundred  men,  and  directed  him 
to  return  and  take  possession  of  Corbett's  Ferry  over  Black  River, 
and  by  every  means  to  obstruct,  harass  and  distress  them  in  their 
march.  At  the  same  time  I  directed  Colonel  Martin  and  Colonel 
Thackston  to  take  possession  of  Cross  Creek,  in  order  to  prevent 
their  return  that  way.  Colonel  Lillington  and  Colonel  Ashe  I 
ordered  by  a  forced  march  to  endeavor  if  possible  to  re-enforce 
Colonel  Caswell ;  but  if  that  could  not  be  effected  to  take  possession 
of  Moore's  Creek  Bridge,  while  I  proceeded  back  with  the  remainder 
of  our  army  to  cross  the  Northwest  at  Elizabethtown,  so  as  either 
to  meet  them  on  their  way  to  Corbett's  Ferry,  or  fall  in  their  rear 
and  surround  them  there.  On  the  23d  I  crossed  the  river  at  Eliza- 
bethtown, where  I  was  compelled  to  wait  for  a  supply  of  provisions  • 
until  the  24th  at  night,  having  learned  that  Colonel  Caswell  was 
almost  entirely  without.  Just  when  I  was  prepared  to  march,  I 
received  an  express  from  Colonel  Caswell,  informing  me  that  the 
Tories  had  raised  a  flat  which  had  been  sunk  in  Black  River,  about 

*The  point  opposite  Wilmington  between  the  two  branches  of 
the  Cape  Fear  River. 


campaign 


512  THE  PROVINCIAL  COUNCIL,  1775-76 

*n*  five  miles  above  him,  and  by  erecting  a  bridge  had  passed  it  with 

the  whole  army.  I  then  determined  as  a  last  expedient  to  proceed 
immediately  in  boats  down  the  Northwest  River  to  Dollerson's  Land- 
ing, about  sixty  miles,  and  to  take  possession  of  Moore's  Creek 
Bridge,  about  ten  miles  from  thence;  at  the  same  time  acquainting 
Colonel  Caswell  of  my  intentions,  and  recommending  to  him  to 
retreat  to  Moore's  Creek  Bridge  if  possible,  but  if  not  to  follow  on 

Moore^  in  their  rear.  The  next  day  by  four  o'clock  we  arrived  at  Dollerson's 
Landing,  but  as  we  could  not  possibly  march  that  night,  for  the 
want  of  horses  for  the  artillery,  I  despatched  an  express  to  Moore's 
Creek  Bridge  to  learn  the  situation  of  affairs  there,  and  was  in- 
formed that  Colonel  Lillington,  who  had  the  day  before  taken  his 
stand  at  the  bridge,  was  that  afternoon  reen forced  by  Colonel  Cas- 
well, and  that  they  had  raised  a  small  breastwork  and  destroyed  a 
part  of  the  bridge. 

The  next  morning,  the  27th,  at  break  of  day,  an  alarm  gun  was 
fired,  immediately  after  which,  scarce  allowing  our  people  a  mo- 
ment to  prepare,  the  Tory  army,  with  Captain  McLeod  at  the  head, 
made  their  attack  on  Colonel  Caswell  and  Colonel  Lillington,  and 
finding  a  small  entrenchment  next  the  bridge,  on  our  side,  empty, 
concluded  that  our  people  had  abandoned  their  post,  and  in  the  most 
furious  manner  advanced  within  thirty  paces  of  our  breastwork  and 
artillery,  where  they  met  a  very  proper  reception.  Captain  McLeod 
and  Captain  Campbell  fell  within  a  few  paces  of  the  breastwork, 
the  former  of  whom  received  upward  of  twenty  balls  in  his  body; 
and  in  a  very  few  minutes  their  whole  army  was  put  to  flight,  and 
most  shamefully  abandoned  their  general,  who  was  next  day  taken 
prisoner.  The  loss  of  the  enemy  in  this  action  from  the  best  ac- 
counts we  have  been  able  to  learn,  is  about  thirty  killed  and 
wounded,  but  as  numbers  of  them  must  have  fallen  into  the  creek, 
besides  many  more  that  were  carried  off,  I  suppose  their  loss  may 
be  estimated  at  about  fifty.  We  had  only  two  wounded,  one  of 
whom  died  this  day.    .    .    . 

In  order  to  avoid  as  much  as  possible  the  heavy  expense  unavoid- 
ably incurred  by  this  expedition,  I  sometime  ago  directed  Colonel 
Martin  to  disband  all  the  troops  under  his  command,  except  one 
thousand,  including  the  regulars,  and  with  those  to  secure  the  per- 
sons and  estates  of  the  insurgents,  subject  to  your  further  orders, 
and  then  to  proceed  to  this  place,  unless  otherwise  directed.  How- 
ever, as  I  do  not  think  the  service  just  now  requires  such  a  number 
of  men  in  arms,  I  shall  immediately  direct  them  to  disband  all  ex- 
cept the  regulars,  and  with  those  to  remain  in  and  about  Cross 
Creek  until  further  orders,  .    .   .  etc. 

James  Moore. 


THE  SIXTH    EPOCH— 1775-83 
THE  WAR  FOR  INDEPENDENCE 


CHAPTER  XXIX 
The  Provincial  Council,  1775-76 — Continued 

The  Provincial  Congress. — The  spirit  of  independence. — In  the 
Continental  Congress. — At  Halifax. — The  committee. — The  un- 
daunted spirit  to  declare  independence. — The  delegates  instructed. 
— North  Carolina  leads  the  way. — The  captured  Tories. — The 
drums  and  colors. — War  measures. — On  the  water. — The  Tories. 
— Four  new  battalions. — For  defence  of  Cape  Fear. — Militia 
drafts. — Civil  affairs. — The  members  of  the  congress. 

The  Provincial  Congress 

Called  to  meet  on  April  2d,  it  was  not  until  Thursday,  w* 

the  4th,  that  a  majority  of  the  members  of  the  congress 
assembled  at  Halifax.    Seldom  has  a  body  met  under  similar   April, 

•  C   R.    X 

circumstances.     The  insurrection  of  the  Highlanders  and  4^>  "   ' 

Regulators  and  the  movement  of  the  Tories  in  many  parts 

of  the  State  were  in  themselves  causes  of  inquietude.     It  Thc  , 

.  ,  1  .  ..,,.,  situation 

was  evident  that  in  many  counties,  indeed,  in  nearly  every 
community,  there  was  a  considerable  element  of  disaffected 
persons  not  only  unwilling  to  sustain  the  revolutionary  move- 
ment but  so  far  attached  to  the  royal  cause  as  to  take  up 
arms  against  their  neighbors.  Besides,  the  province  stood 
in  the  shadow  of  a  great  peril.  It  was  well  known  that  a 
large  British  force  was  on  its  way  to  the  Cape  Fear  and 
had  been  detained  only  by  protracted  storms,  and  its  arrival 
was  now  daily  expected.  Dunmore,  from  the  Chesapeake, 
was  also  sending  expeditions  along  the  coast  to  harass  the 
inhabitants,  capture  vessels,  and  interrupt  commerce.  Within 
and  without  there  was  cause  for  foreboding.  The  jail  at 
Halifax  was  filled  with  officers  of  the  insurgent  force  and 
promoters  of  the  insurrection,  of  whom  some  disposition 
had  to  be  made  to  render  them  harmless,  while  policy  and 


5^4 


THE  PROVINCIAL  COUNCIL,  1775-76 


1JJ*  wise  statesmanship  required  that  a  conciliatory  course  should 

be  pursued  reconciling  the  Loyalists  at  least  to  an  acqui- 
escence in  the  measures  of  the  congress.  The  period  for 
which  the  minute  men  had  been  enrolled  was  expiring,  and 
the  great  need  for  additional  troops,  for  arms,  ammunition, 
and  equipments  was  a  cause  of  anxious  solicitude,  while  the 
province  was  absolutely  without  funds.  The  condition  of 
affairs,  too,  seemed  to  demand  a  more  efficient  system  of 
government,  one  that  could  direct  military  operations  and 
conduct  the  civil  administration  with  more  despatch  than 
the  temporary  arrangement  that  had  been  adopted  by  the 
previous  convention.  Such  a  pressure  of  important  matters 
demanding  immediate  consideration  and  prompt  action  had 
never  before  been  experienced  by  North  Carolina  statesmen. 
But  the  courage  of  the  congress  rose  equal  to  the  occasion, 
and  with  brave  hearts  the  patriots  addressed  themselves  to 
devising  measures  required  by  the  exigency  of  their  novel 
situation. 


McRee's 
Iredell,  I, 
275 


The 

development 
of  the 
purpose 


C.  R.,X, 
44^»  447 


The  spirit  of  independence 

Not  only  were  they  strengthened  by  their  overwhelming 
and  glorious  victory,  but  now  they  were  animated  by  the 
spirit  of  independence.  In  this  they  were  unanimous.  Sam 
Johnston,  the  wise,  prudent,  and  cautious,  the  counsellor  and 
guide,  was  again  chosen  president  without  dissent,  and  he 
joyfully  wrote  at  once  to  his  brother:  "All  our  people  here 
are  up  for  independence.,,  A  fortnight  later,  when  Hooper 
and  Penn  came  from  Philadelphia,  they  learned  that  "in 
many  counties  there  was  not  a  dissenting  voice." 

The  Continental  Congress  and  the  people  of  the  other 
provinces  were  dilatory,  dallying  with  a  delusive  hope  of 
reconciliation.  Early  in  January  Paine  had  published  in 
Philadelphia  a  pamphlet,  "Common  Sense/'  that  arrested 
attention.  Among  the  deputies  it  seems  to  have  been  re- 
garded "as  a  curiosity."  Save  a  few  individual  expressions 
in  local  papers,  it  was  the  first  cry  for  independence  since 
Mecklenburg  had  raised  her  voice  in  May,  1775.  A  month 
later  Penn,  always  among  the  boldest,  sent  a  copy  to  Person 
without  comment;  and  Hewes  forwarded  one  to  Johnston, 
saying  only :    "It  is  a  curiosity.    We  have  not  put  up  any 


THE  CRY  FOR  INDEPENDENCE 


515 


1776 


February 
xxth 


to  go  by  the  wagon,*  not  knowing  how  you  might  relish 
independency.  The  author  is  not  known;  some  say  Dr. 
Franklin  had  a  hand  in  it ;  he  denies  it."  Hewes's  spirit  led 
him  to  say :  "All  accounts  from  England  seem  to  agree  that 
we  shall  have  a  dreadful  storm  bursting  on  our  heads 
through  all  America  in  the  spring.  We  must  not  shrink 
from  it ;  we  ought  not  to  show  any  symptoms  of  fear ;  the 
nearer  it  approaches  and  the  greater  the  sound,  the  more 
fortitude  and  calm,  steady  firmness  we  ought  to  possess.  If 
we  mean  to  defend  our  liberties,  our  dearest  rights  and 
privileges  against  the  power  of  Britain  to  the  last  extremity, 
we  ought  to  bring  ourselves  to  such  a  temper  of  mind  as  to 
stand  unmoved  at  the  bursting  of  an  earthquake.  Although 
the  storm  thickens,  I  feel  myself  quite  composed." 

At  the  close  of  October  the  king:  had  from  the  throne  J,nlhe 

.  .««•*«  e     Continental 

charged  the  colonies  with  levying  war  for  the  purpose  of  Confess 
establishing  an  independent  empire ;  but  he  proposed,  while 
employing  a  hireling  force  from  the  continent  to  subdue 
them,  to  send  commissioners  with  power  to  grant  pardons 
and  receive  the  submission  of  the  several  colonies.  He  would 
not,  however,  treat  with  the  Continental  Congress.  That 
was  resolutely  determined.  By  two  to  one  the  Parliament 
was  of  the  same  mind.  Such  was  the  information  that  came 
across  the  seas  early  in  January.  And  yet  the  congress  and 
the  people  waited — anxiously  waited  for  the  arrival  of  the 
commissioners.  On  February  14th  Penn  wrote  to  Person : 
"Our  dispute  with  Great  Britain  grows  serious  indeed. 
Matters  are  drawing  to  a  crisis.  They  seem  determined  to 
persevere,  and  are  forming  alliances  against  us.  Must  we 
not  do  something  of  the  like  nature  ?  Can  we  hope  to  carry 
on  a  war  without  having  trade  or  commerce  somewhere? 
.  .  .  The  consequence  of  making  alliances  is  perhaps  a  total  f^f^s 
separation  with  Britain,  and  without  something  of  that  sort 
we  may  not  be  able  to  provide  what  is  necessary  for  our  de- 
fence. My  first  wish  is  that  America  may  be  free;  the 
second,  that  we  may  be  restored  to  peace  and  harmony  with 
Britain  upon  just  and  proper  terms." 

Two  days  later,  on  February  16th,  it  was  proposed  to  open   At  Phiiadei 
the  ports  and  renew  commerce  with  all  the  world  except   p  la 

♦For  general  distribution. 


c.  rm  x, 

455. 456 


5*6 


THE  PROVINCIAL  COUNCIL,  1775-76 


1776 


S.  RM  XI, 

a&* 


C  R,X, 

4<M<  495 

Ac  Halifax, 
April  41  h 


C.  R.,  X, 

5<>4 


The 

undaunted 

spirit 


Great  Britain.  In  the  discussion,  Wythe,  of  Virginia,  said : 
"How,  as  subjects  of  Great  Britain — as  rebels?  No;  we 
must  declare  that  the  colonies  have  a  right  to  contract  alli- 
ances with  foreign  powers !"  The  eloquent  Virginian  struck 
the  same  chord  as  Penn;  but  the  question  of  opening  the 
ports,  involving  this  difficulty,  was  destined  to  remain  unde- 
cided for  more  than  two  months. 

Later  Hewes  wrote  to  Johnston:  "I  see  no  prospect 
of  a  reconciliation ;  nothing  is  left  now  but  to  fight  it  out. 
Nor  are  we  unanimous  in  our  councils.  Jealousies,  ill- 
natured  observations,  and  recriminations  take  place  of 
reason  and  argument.  Some  among  us  urge  strongly  for 
independency  and  eternal  separation,  others  wish  to  wait  a 
little  longer  and  to  have  the  opinion  of  their  constituents  on 
that  subject.  You  must  give  us  the  sentiments  of  your  prov- 
ince when  your  convention  meets."  And  on  March  1st,  the 
North  Carolina  deputies  wrote  to  the  Provincial  Congress 
asking  directions  concerning  forming  alliances. 

On  the  organization  of  the  Provincial  Congress,  Johnston 
was  unanimously  called  to  preside,  and  committees  were  at 
once  appointed  to  map  out  the  business  of  the  body. 
Now  it  was  determined  to  arrange  for  at  least  one  year  of 
actual  war,  and  a  committee  of  ways  and  means  was  directed 
to  devise  measures  for  supporting  troops  to  be  raised  for 
that  period.  A  committee  of  secrecy  was  appointed,  of 
which  Johnston  was  the  head,  to  whom  all  intelligence  was 
first  submitted,  and  it  was  their  province  to  determine  what 
should  be  imparted  to  the  congress  itself.  And  on  the 
fourth  day  of  the  session,  April  8th,  a  committee  composed 
of  Harnett,  Allen  Jones,  Burke,  Nash,  Kinchen,  Person,  and 
Thomas  Jones  was  appointed  to  take  into  consideration  the 
usurpations  and  violences  attempted  and  committed  by  the 
king  and  Parliament  of  Britain  against  America,  and  further 
measures  to  be  taken  for  frustrating  them  and  for  the  better 
defence  of  the  province. 

The  congress — all  the  members — were  unanimous  for  sep- 
aration, for  declaring  themselves  no  longer  British  sub- 
jects, but  citizens  of  a  new-born  nationality.  It  was  a  mo- 
mentous matter.  It  would  change  the  nature  of  the  struggle. 
Not  as  subjects  rebelling  against  the  oppressions  of  Par- 


APRIL  12,  1776  517 


liament,  but  as  freemen  asserting  the  right  of  self-govern-  ffi 

ment,  were  they  now  to  invoke  the  arbitrament  of  arms.  The 
congress  took  steps  to  sound  the  people.  It  was  ascertained 
that  the  popular  heart  was  strong  for  independence.  In 
many  counties  there  was  not  a  dissenting  voice.  Ominous 
was  the  war  cloud  now  gathering  and  expected  soon  to 
burst  on  the  devoted  province.  Already  forty  sail  had 
anchored  in  the  harbor  of  the  Cape  Fear.  There  Clinton 
with  his  detachment  from  the  north  waited  the  arrival  of 
Cornwallis  with  his  seven  regiments  to  subjugate  the  people. 
The  prospect  was  full  of  peril.  But  the  hearts  of  the 
patriots  did  not  quail.  Under  the  lead  of  Johnston,  Harnett, 
Ashe  and  their  associates  their  spirit  rose  to  loftier  heights 
as  dangers  thickened. 

On  the  night  of  April  12th  the  congress  having  received 
some  very  important  intelligence,*  at  once  took  up  for  con- 
sideration the  letter  of  March  1st,  from  Hooper,  Hewes  and 
Penn,  asking  instructions  in  regard  to  forming  alliances. 

Harnett's  committee  was  resolute  and  ready  to  report;  1776 
short  and  vigorous  was  the  conclusion  of  the  matter.    What-  ire£if,if 
ever  of  doubt  there  had  been  was  now  cast  aside.     The  ^R 
bonds  binding  the  people  to  the  past  were  to  be  broken,  and  495 
a  new  purpose,  a  new  hope,  that  of  independence,  was  to 
animate  them  to  action.     The  question  Wythe  had  thun- 
dered at   Philadelphia  was  answered   by  the  congress  at 
Halifax. 

To  declare  independence 

Early  Saturday  morning  Johnston  wrote  to  his  brother: 
"The  house,  in  consequence  of  some  very  important  intelli- 
gence received  last  night,  have  agreed  to  empower  their 
delegates  at  Philadelphia  to  concur  with  the  other  colonies 
in  entering  into  foreign  alliances,  and  declaring  an  indepen- 
dence on  Great  Britain.    I  cannot  be  more  particular." 

On  the  night  before,  Friday,  April  12th,  the  committee 
brought  in  its  report,  reciting  the  acts  of  the  British  min- 
istry and  of  the  king  and  Parliament  and  authorizing  the 
delegates  to  the  Continental  Congress  to  concur  in  declaring 
independence. 

*  Apparently  from  General  Moore.     (S.  R.,  XL,  276.) 


518  THE  PROVINCIAL  COUNCIL,  1775-76 

fJjg  They  reported  as  follows: 

C.  R.  X  "**    appears    to    your    committee    that    pursuant     to     the    plan 

5««  concerted   by    the    British    ministry   for   subjugating   America,   the 

king  and  Parliament  of  Great  Britain  have  usurped  a  power 
over  the  persons  and  properties  of  the  people  unlimited  and  un- 
controuled;  and  disregarding  their  humble  petitions  for  peace, 
liberty,  and  safety,  have  made  -divers  legislative  acts,  denouncing 
war,  famine  and  every  species  of  calamity  against  the  continent  in 
general:  the  British  fleets  and  armies  have  been  and  still  are  daily 
employed  in  destroying  the  people  and  committing  the  most  horrid 
devastations  on  the  country:  that  governors  in  different  colonies 
have  declared  protection  to  slaves  who  should  imbrue  their  hands 
in  the  blood  of  their  masters:  that  the  ships  belonging  to  America 
are  declared  prizes  of  war,  and  many  of  them  have  been  violently 
seized  and  confiscated.  In  consequence  of  all  which,  multitudes  of 
the  people  have  been  destroyed,  and  from  easy  circumstances  reduced 
to  the  most  lamentable  distress. 

"And  whereas  the  moderation  hitherto  manifested  by  the  united 
colonies  and  their  sincere  desire  to  be  reconciled  to  the  mother 
country  on  constitutional  principles,  have  procured  no  mitigation 
of  the  aforesaid  wrongs  .  .  .  and  no  hopes  remain  of  obtaining  re- 
dress by  those  means  alone  which  have  been  hitherto  tried,  your 
committee  are  of  opinion  that  the  house  should  enter  into  the  fol- 
lowing resolve,  to  wit: 
To  concur  "Resolved,  That  the  delegates  of  this  colony  in  the  continental 

IndcpelTd-"8   congress  be  empowered  to  concur  with  the  delegates  of  the  other 
ence  colonies  in  declaring  independency,  and  forming  foreign  alliances, 

reserving  to  this  colony  the  sole  and  exclusive  right  of  forming  a 
constitution  and  laws  for  this  colony,  and  of  appointing  delegates 
from  time  to  time  (under  the  direction  of  a  general  representation 
thereof),  to  meet  the  delegates  of  the  other  colonies  for  such  pur- 
poses as  shall  be  hereafter  pointed  out." 

Night  had  already  closed  in ;  but  doubtless  with  burning 
words  Harnett,  accomplished  and  silver-tongued,  urged  the 
adoption  of  the  resolution  presented  by  the  committee  with 
all  his  powers.  It  was  unanimously  accepted  as  the  voice 
of  North  Carolina.  No  other  business  was  transacted,  but 
the  session  of  the  day  closed  with  this  great  performance. 
The  next  day  President  Johnston  wrote  to  Hooper,  Hewes, 
and  Penn  in  great  haste :  "The  congress  have  likewise  taken 
under  consideration  that  part  of  your  letter*  requiring  their 

*Of  March  1st. 


NORTH  CAROLINA  LEADS  5*9 

instructions  with  respect  to  entering  into  foreign  alliances,  U* 

and  were  unanimous  in  their  concurrence  with  the  enclosed 
resolve,  confiding  entirely  in  your  discretion  with  regard  to 
the  exercise  of  the  power  with  which  you  are  invested." 

But  Hooper  and  Penn  were  then  in  Virginia  on  their  cl6R»x' 
route  to  Halifax,  where  they  arrived  in  time  to  take  their 
seats  on  Monday,  the  15th.  They  had  the  gratification  of 
finding  the  congress  responsive  to  the  sentiment  of  the 
people,  pronounced  for  independence,  and  earnest  and 
zealous  for  defence. 

The  first  action 

Indeed,  this  resolution  for  independence  was  the  first 
utterance  for  separation  that  had  been  made  on  behalf  of  any 
colony  in  America.  Mecklenburg's  voice  and  action  in  May, 
1775,  annulling  all  the  commissions  and  powers  derived  from 
the  Crown  and  establishing  an  independent  government,  was 
then  premature  and  out  of  harmony  with  the  spirit  of  the 
times ;  even  now  the  people  "of  the  other  colonies  from  New 
England  to  Virginia  were  in  solid  array  against  indepen- 
dence."  This  first  voice  of  any  province  leading  the  way  J^li"1*" 
gave  heart  to  the  patriots  and  strengthened  the  independent  {fe^k1* 
spirit  which  was  beginning  to  manifest  itself  in  other  com-  504. 509 
munities.  "It  was  warmly  welcomed  by  the  patriots  and 
commended  for  imitation."  In  Virginia  the  idea  of  inde-  j^g™***** 
pendence  was  said  to  have  been  alarming  in  March,  but  was 
welcome  in  April;  and  a  month  after  North  Carolina  had 
acted  the  Virginia  convention  met  and  adopted  a  similar 
resolution,  directing  its  delegates  in  congress  to  propose 
independence  and  separation.  But  it  is  the  crowning  glory 
of  North  Carolina  that  her  sons  had  the  manhood  and  spirit 
to  desire  independence,  the  wisdom  to  perceive  that  the 
change  in  the  purpose  of  the  contest  would  add  to  the  prob- 
abilities of  a  successful  achievement  and  the  boldness  to  lead 
the  way. 

The  captured  Tories 

One  of  the  first  questions  that  claimed  the  attention  of 
congress    was   the    disposition   of    the   prisoners   taken   at 


520 


THE  PROVINCIAL  COUNCIL,  1775-76 


C.  RMX, 
560 


tjjf  Moore's  Creek.    They  had  been  confined  in  the  Halifax  jail. 

Because  his  health  was  suffering,  General  McDonald  was 
immediately  paroled  to  the  town,  and  a  day  or  two  later 
Allan  McDonald  was  also  admitted  to  parole.  A  committee 
was  appointed  to  examine  into  the  cases  of  the  different 
Care  of  the  prisoners,  about  fifty  of  whom  were  paroled  to  return  home, 
prisoners  whjie  some  were  directed  to  be  removed  to  other  communi- 
ties within  the  province,  being  allowed  reasonable  time  to 
arrange  their  affairs  at  home,  and  with  the  privilege  of 
removing  their  families,  as  they  should  prefer.  George 
Micklejohn  was  paroled  to  Perquimans,  and  James  Hunter 
to  Bute.  James  Lowe  and  Robert  Adams,  who  shot  Captain 
Dent,  were  ordered  to  Halifax  jail.  Persons  were  appointed 
in  the  several  counties  to  look  after  the  families  of  the  insur- 
gents at  their  old  homes  or  in  their  new  ones. 

Eventually,  toward  the  end  of  April,  it  was  determined 
that  fifty-three  of  the  number,  including  General  McDonald 
and  other  influential  Highlanders,  should  be  removed  to 
Pennsylvania,  and  others  to  Virginia  and  Maryland,  where 
they  were  confined  until  exchanged  or  discharged  by  con- 
gress.* In  view  of  the  rigorous  measures  which  the  con- 
gress felt  constrained  to  take  with  regard  to  these  insur- 
gents, on  April  29th  it  issued  a  declaration  lamenting  the 
necessities  and  hardships  of  the  occasion,  and  declaring  to 
those  who  still  remained  in  the  State  that,  "We  administer 
this  consolation — that  they  may  rest  assured  that  no  wanton 
acts  of  cruelty,  no  severity,  shall  be  exercised  to  the  prison- 
ers. .  .  .  We  have  their  security  in  contemplation,  not  to 
make  them  miserable.  In  our  power,  their  errors  claim  our 
pity,  their  situation  disarms  our  resentment.  We  shall  hail 
their  reformation  with  increasing  pleasure,  and  receive  them 
to  us  with  open  arms,  .  .  .  and  shall  bless  the  day  which 
shall  restore  them  to  us  friends  to  liberty,  to  the  cause  of 
America,  the  cause  of  God  and  mankind.  .  .  .  Much  de- 
pends upon  the  future  demeanor  of  the  friends  of  the  insur- 
gents who  are  left  among  us  as  to  the  treatment  our  pris- 
oners may  experience.  Let  them  consider  them  as  hostages 
for  their  own  good  behavior,  and  by  their  own  merits  make 
kind  offices  to  their  friends  a  tribute  of  duty  as  well  as 
♦They  were  confined  at  Reading,  Pa.,  and  Staunton,  Va. 


Policy 
towards  the 
Tories 


C.  R.,  X, 

548,549 


PREPARATIONS  FOR  WAR 


521 


humanity  from  us  who  have  them  in  our  power."     The  xj£ 

declaration  from  which  this  is  extracted  was  directed  to  be  APrfl 
translated  into  Erse,  and  the  committees  appointed  in  the 
several  counties  to  take  care  of  the  families  of  the  insurgents 
were  directed  to  see  that  there  was  no  suffering. 

The  drums  and  colors 

On  the  day  the  convention  met  there  arrived  at  Halifax  McRec's 
the  wagon  sent  by  the  delegates  at  Philadelphia  with  powder,  a^  e  '  * 
drums  and  colors,  as  ordered  by  the  council  in  December. 
Up  to  this  time,  as  far  as  appears,  the  troops  of  the  province 
had  used  no  colors.  At  Charleston  a  flag  bearing  a  crescent 
was  in  use.  At  Boston,  the  Massachusetts  troops  used  a 
flag  with  a  pine  tree,  the  pine  tree  having  for  a  century  been 
the  emblem  of  that  colony.  On  the  sea,  the  early  flag  bore  a  The  flag 
rattlesnake,  with  the  legend,  "Don't  tread  on  me."  The  first 
flag  of  the  united  colonies  was  made  at  Philadelphia  and 
sent  to  General  Washington,  who  raised  it  on  January  2, 
1776,  at  his  headquarters  at  Cambridge.  This  flag  consisted 
of  seven  red  and  six  white  bars  or  stripes  and  a  field  of 
the  king's  colors,  red  and  white  crosses  on  a  blue  ground. 
It  has  been  said  that  until  1777  the  snake  flag  was  used  by 
the  southern  states ;  but  as  the  colors  received  in  April  were  Thc  ^  and 
sent  by  the  North  Carolina  deputies  from  Philadelphia  after 
the  striped  flag  had  been  made  and  used  by  Washington  as 
the  continental  colors,  it  is  surmised  that  they  were  of  that 
pattern. 

To  supply  the  money  needed  in  the  military  operations, 
congress  directed  the  issue  of  $1,000,000  in  notes,  and  re- 
solved that  a  tax  should  be  laid  on  the  poll,  beginning  in  the 
year  1780,  to  retire  that  issue ;  and  appropriations  were  made 
to  pay  all  the  soldiers,  militia  and  others  that  had  been  in 
the  service  of  the  province,  and  for  arms  and  equipments. 
Commissioners  were  also  appointed  to  procure  sulphur,  salt- 
petre, and  salt,  and  to  establish  ironworks  and  foundries  on 
Deep  River. 

On  the  water 


white  bars 


War 
measures 


The  Cape  Fear  and  Chesapeake  Bay  being  closed,  and 
Beaufort  frequently  visited  by  British  cruisers,  the  impor- 
tance of  Ocracoke  Inlet  as  a  channel  of  commerce  became 


522 


THE  PROVINCIAL  COUNCIL,  1775-76 


1776 

C.  R.,  X, 

353*616,637, 
640-642 


Importa- 
tions 


C.  R.,  X, 

55o 


The  war  on 
the  water 


greatly  increased.  The  enterprising  merchants  of  Edenton 
and  New  Bern  and  of  the  village  of  Washington  on  the 
Pamlico  despatched  vessel  after  vessel  abroad,  whose  return 
cargoes  of  salt,  powder,  cannon  and  other  munitions  of  war 
and  necessaries  contributed  largely  to  supply  the  needs  of 
the  public.  The  firms  of  Hewes  &  Smith,  at  Edenton,  and 
John  Wright  Stanly,  at  New  Bern,  took  the  lead  in  this 
hazardous  enterprise.  Their  patriotism  and  unremitting  ac- 
tivity proved  of  great  advantage  to  the  American  cause. 
Others  also  engaged  in  the  same  work,  and  besides  trading 
vessels,  there  were  fitted  out  privateers  to  prey  on  British 
commerce,  while  the  State  itself  constructed  armed  cruisers 
for  the  public  service.  At  Wilmington  the  George  Washing- 
ton was  built;  at  New  Bern,  the  Pennsylvania  Farmer;  at 
Edenton,  King  Tammany;  while  the  Heart  of  Oak,  the 
Polly  and  other  vessels  were  granted  letters  of  marque  as 
privateers. 

In  order  to  interrupt  importations  through  Ocracoke,  Dun- 
more  sent  two  armed  sloops,  the  Lily  and  the  Fincastle,  to 
seize  such  vessels  as  might  be  there ;  and  on  April  14th  the 
Lily  captured  the  schooner  Polly,  removed  part  of  her  cargo 
and  left  a  prize  crew  in  charge  of  her.  But  the  patriots  were 
not  idle.  Three  days  later  a  number  of  armed  men,  in  five 
whaleboats,  captured  the  Lily  and  retook  the  Polly,  the 
Whigs  showing  as  much  enterprise  and  skill  on  the  water 
as  on  the  land. 

Because  considerable  importations  were  made  through 
this  channel  for  the  benefit  of  Virginia  as  well  as  for  the 
Continental  Congress,  of  which  Hewes  was  one  of  the  most 
efficient  agents,  it  was  thought  that  Virginia  should  aid  in 
keeping  Ocracoke  open.  Application  was  therefore  made  to 
that  province  to  fit  out  two  armed  vessels  to  act  in  conjunc- 
tion with  those  equipped  by  North  Carolina.  The  sugges- 
tion was  acted  on  promptly,  and  two  large  row-galleys  were 
built  at  South  Quay  by  Virginia,  one  of  which  afterward 
came  into  possession  of  North  Carolina. 


c.  r.,  x, 

593. 594 


The  Tories 

In  different  parts  of  the  province  the  disaffected  element 
made  manifestations  of  their  Toryism.     In  Edgecombe  a 


ACTIVITY  OF  THE  TORIES  523 

body  was  dispersed  by  a  party  of  Whigs  under  John  John-  xj£ 

ston ;  and  the  Committee  of  Safety  of  Rowan  thought  it  well 
to  disarm  some  of  the  inhabitants  of  Muddy  Creek.  But, 
on  the  other  hand,  that  committee  was  cheered  by  patriotic 
resolutions  signed  by  a  number  of  ladies  of  Rowan,  as  had 
been  the  committee  of  Mecklenburg  by  resolutions  entered 
into  somewhat  earlier  by  the  young  ladies  of  that  county, 
that  they  would  not  receive  the  addresses  of  young  gentle- 
men except  the  brave  volunteers  who  had  served  in  the  expe-  Foote, 
dition  against  the  Scovellites.  The  women  of  the  west  North*80 
were  as  resolute  as  the  men.  Carolina, 

The  difficulties  of  enrolling  the  militia  who  were  to  turn 
out  and  supplying  them  with  arms  was  forcibly  stated  by 
Colonel  William  Bryan,  of  Johnston,  who  was  almost  in 
despair  from  the  adverse  circumstances  that  surrounded  him. 
He  added:  "We  have  several  obstinate  persons  in  this 
county,  and  I  believe  they  are  great  Tories  in  their  hearts ; 
they  are  constantly  sowing  sedition  in  the  minds  of  the 
people.  I  should  be  glad  if  the  light  horse  could  be  directed 
to  take  a  turn  through  our  county.  I  believe  if  there  could 
be  a  few  of  the  heads  of  them  subdued  it  would  be  of  great 
service  to  the  county.  I  have  so  little  dependence  in  the  c.r.,x, 
militia  that  I  don't  think  convenient  to  undertake  to  subdue  6" 
them  that  way." 

Four  new  battalions 

In  view  of  the  pressing  necessity  for  more  troops,  the  con-  Additional 
gress  now  raised  four  additional  continental  regiments,  nSntl^ 
assigning  to  their  command  Jethro  Sumner,  Thomas  Polk, 
Edward  Buncombe,  and  Alexander  Lillington.  The  period 
for  which  the  minute  men  were  enlisted  having  expired, 
some  of  the  officers  of  that  organization  were  transferred 
to  these  new  regiments,  among  them  Colonel  James  Thack- 
ston  becoming  lieutenant-colonel  under  Colonel  Polk.  Three 
companies  of  light  horse  were  also  raised,  commanded  re- 
spectively by  John  Dickerson,  Martin  Phifer,  and  James 
Jones.  An  artillery  company  was  directed  to  be  organized 
by  Captain  John  Vance.  To  protect  the  coast,  five  companies 
were  embodied  and  stationed  from  Currituck  to  the  Cape 
Fear.  Two  battalions  of  militia,  seven  hundred  and  fifty  men 


524 


THE  PROVINCIAL  COUNCIL,  1775-76 


1776 


C.  R.,  X 

561 

The  militia 


C.  R.,  X, 

563 


The  forces 
embody 


C.  R.,  X, 

563 


Vestrymen 
to  take  the 
tes»t  oath 


C.  R.,  X, 

554 


each,  were  directed  to  be  raised  in  the  eastern  districts,  one 
to  be  under  the  command  of  Colonel  Thomas  Brown  and  the 
other  under  Colonel  Philemon  Hawkins.  These  battalions, 
the  Second  Continental  Regiment,  and  all  the  recruits  en- 
listed for  the  new  regiments  were  ordered  to  report  imme- 
diately to  General  Moore  on  the  Cape  Fear. 

A  new  system  was  devised  for  the  militia.  The  com- 
panies of  the  militia  in  the  several  counties  were  to  consist 
of  not  less  than  fifty  men.  Each  company  was  divided  into 
five  divisions.  One  of  these  consisted  of  the  aged  and  infirm, 
the  other  militiamen  being  apportioned  to  four  divisions, 
that  drew  lots  to  ascertain  when  they  should  go  on  duty, 
and  were  severally  known  as  number  one,  two,  three,  and 
four,  accordingly.  Each  county  had  its  militia  field  officers ; 
and  the  province  was  divided  into  six  military  districts,  a 
brigadier-general  being  appointed  for  each.  In  his  own 
district  the  brigadier  took  rank  of  the  others.  The  militia 
was  not  to  be  under  continental  officers,  except  when  ordered 
by  the  civil  power  to  join  the  continental  troops,  and  then 
the  continental  officer  of  equal  rank  took  command. 

On  May  6th,  because  of  information  from  General  Moore, 
the  congress  directed  the  generals  of  the  province  to  call 
out  their  militia  and  hasten  to  join  General  Moore,  and  or- 
dered General  Ashe  to  take  command  of  the  re-enforce- 
ments upon  their  arrival  in  his  district.  The  generals 
elected  by  the  congress  were  Allen  Jones,  for  the  Halifax 
district;  John  Ashe,  Wilmington;  Edward  Vail,  Edenton; 
Griffith  Rutherford,  Salisbury;  Thomas  Person,  Hillsboro; 
and  William  Bryan,  New  Bern.* 

Notwithstanding  the  military  matters  that  were  pressing 
on  the  attention  of  congress  that  body  realized  the  necessity 
of  making  provision  for  the  civil  life  of  the  province.  On 
May  1st  it  resolved  that  all  vestries  elected  in  every  parish, 
having  taken  the  test  adopted  on  August  23,  1775,  should 
proceed  to  parochial  business,  and  where  no  election  had 
taken  place  on  Easter  Monday,  April  8th,  the  freeholders 
were  directed  to  meet  in  July  and  elect  vestrymen,  who 
should  qualify   themselves  by   subscribing  the  test.     Con- 

*Richard  Caswell  was  at  first  chosen  brigadier-general  of  the  New 
Bern  district,  but  did  net  serve. 


PERSONNEL  OF  THE  CONGRESS  525 

formably    to   this    resolution,   the    vestry   of   Edenton    on  12* 

June  19th  met  and  signed  the  test,  as  probably  did  all  the 

other  vestrymen  chosen  throughout  the  province,  and  as  all 

the  committees  and  other  officers  were  required  to  do.    It 

was  the  duty  of  the  vestrymen  in  every  county  or  parish 

to  look  after  the  poor  and  attend  to  much  business  not  of 

an  ecclesiastical  nature. 


Members  of  the  congress  of  April,  1776,  that  declared  for  inde- 
pendence, April  12,  1776 

For  Anson  County — Daniel  Love,  Samuel  Spencer,  John  Craw- 
ford, James  Picket  and  John  Childs. 

..  Beaufort — Roger    Ormond.    Thomas    Respis,    Jr.,    and    John 
Cowper. 

Bladen — Nathaniel   Richardson,  Thomas  Robeson,  Maturan  Col- 
vill,  James  Council  and  Thomas  Amis. 

Bertie — John  Campbell,  John  Johnston  and  Charles  Jacocks. 

Brunswick — 

Bute — Green    Hill,    William    Alston,    William    Person,    Thomas 
Sherrod  and  Philemon  Hawkins. 

Craven — James  Coor,  Lemuel  Hatch,  John  Bryan,  William  Bryan 
and  Jacob  Blount. 

Carteret — William  Thompson,  Solomon  Shepard  and  John  Black- 
house. 

Currituck — Samuel    Jarvis,   James    White,   James    Ryan,    Gideon 
Lamb  and  Solomon  Perkins. 

Chowan — Samuel    Johnston,    Thomas    Benbury,    Thomas    Jones, 
John  Bap.  Beasly  and  Thomas  Hunter. 

Cumberland — David    Smith,    Alexander    McAlister,    Farquard 
Campbell,  Thomas   Rutherford  and   Alexander  McCoy. 

Chatham — Ambrose    Ramsay.    John    Thompson,    Joshua    Rosscr, 
Jeduthan  Harper  and  Elisha  Cain. 

Duplin — Thomas  Gray  and  William  Dickson. 

Dobbs — Richard    Caswell,    Abraham    Sheppard,    George    Miller, 
Simon  Bright  and  William  McKinnie. 

Edgecomb — William    Haywood.    Duncan    Lemon,    Elisha    Battle, 
Henry  Irwin  and  Nathaniel  Boddie. 

Granville — Thomas    Person,   John    Penn,    Memucan   Hunt,   John 
Taylor  and  Charles  Eaton. 

Guilford — Ransom  Southerland,  William  Dent  and  Ralph  Gorrill. 

Hyde— Rotlieas  Latham,  Joseph  Hancock,  John  Jordan  and  Ben- 
jamin Parmele. 


526  THE  PROVINCIAL  COUNCIL,  1775-76 

1776  Hertford — Robert  Sumner,  Matthias  Brickie,  Laurence  Baker, 

William  Murfree. 

Halifax — John  Bradford,  James  Hogan,  David  Sumner,  Joseph 
John  Williams  and  Willis  Alston. 

Johnston — Samuel  Smith,  Jr.,  Needham  Bryan,  Jr.,  and  Henry 
Rains. 

Mecklenburg — John  Phifer,  Robert  Irwin  and  John  McKnitt 
Alexander. 

Martin— William  Williams,  Whitmill  Hill,  Kenneth  McKenzie, 
Thomas  Wiggins  and  Edward  Smythwick. 

New  Hanover — John  Ashe,  John  Devane,  Samuel  Ashe,  Sampson 
Moseley  and  John  Hollingsworth. 

Northampton — Allen  Jones,  Jeptha  Atherton,  Drury  Gee,  Samuel 
Lockhart  and  Howell  Edmunds. 

Onslow — George  Mitchell,  Benejah  Doty,  John  Spicer,  John  King 
and  John  Norman. 

Orange — John  Kinchen,  James  Saunders,  John  Butler,  Nathaniel 
Rochester  and  Thomas  Burke. 

Perquimans — Miles  Harvey,  William  Skinner,  Thomas  Harvey, 
Charles  Blount  and  Charles  Moore. 

Pasquotank — Thomas  Boyd,  Joseph  Jones,  William  Cuming, 
Dempsey  Burgess  and  Henry  Abbott. 

Pitt — John  Simpson,  Edward  Salter  and  William  Robson. 

Rowan — Griffith  Rutherford  and  Matthew  Locke. 

Surry — Joseph  Williams,  Joseph  Winston,  Charles  Gordon. 

Tyrrell — Archibald  Corrie. 

Tryon— Charles  McLean,  James  Johnston. 

Wake — Joel  Lane,  John  Hinton,  John  Rand,  William  Hooper  and 
Tignal  Jones. 

Town  of  Bath — William  Brown. 

New  Bern — Abner  Nash. 

Edenton — Joseph  Hewes. 

Wilmington — Cornelius  Harnett. 

Brunswick — 

Halifax — Willie  Jones. 

Hillsborough — William  Johnston. 

Salisbury — David  Nisbet. 

Cambellton — Arthur  Council. 


CHAPTER  XXX 
The  Council  of  Safety,  1776 

Attempt  to  frame  the  Constitution. — Fundamental  principles. — The 
problems  involved. — The  temporary  government. — Congress  ad- 
journs.— The  first  invasion. — General  Lee. — Ginton's  disappointment. 
— The  fleet  arrives. — The  ardor  of  the  Whigs. — Clinton  offers  par- 
don.— No  hostile  movement. — The  descent  on  Brunswick. — The  regi- 
ments land. — The  fleet  sails. — The  Council  of  Safety. — The  attack 
on  Fort  Moultrie. — North  Carolina's  gallant  troops. — Affairs  at 
home. — The  Continentals. 

Attempt  to  frame  a  constitution 

On  April  13th  the  congress,  now  flushed  by  the  desire  lj£ 

of    independence,    appointed    a    committee    composed    of  £•SR•,X, 
Johnston,  Harnett,  Thomas  Jones,  Nash,  Burke,  Allen  Jones, 
John  Johnston,  Thomas  Person,  Sam  Ashe,  Samuel  Spencer 
and  nine  others  to  prepare  a  temporary  civil  government.   April 
The  committee  seems  to  have  at  once  undertaken  to  cast  a 
permanent    constitution.      A    majority    of    the    committee   deSISa.v 
favored  the  establishment  of  a  purely  democratic  form  of  advocau<* 
government,  the  governor,  judges,   and   all  other  officers 
being  chosen  by  the  people,  and  every  freeman  having  the 
right  of  suffrage.     They  were  probably  led  to  urge  this  Jones's 
departure  from  the  old  system  not  merely  from  the  advo-  *n*?7* 
cacy  of  the  "inherent  and  unalienable  rights  of  man,"  but 
with  the  hope  and  expectation  that  it  would  gain  for  the 
new  government  the  support  of  the  landless  Highlanders  and 
of  others  not  freeholders,  and  of  the  Regulators,  who  were 
dissatisfied  with  the  colonial  regulations  that  had  proved 
so  oppressive  in  their  practical  operation. 

This  desire  to  extend  suffrage  is  said  to  have  been  the  rock 
on  which  the  public  men  split.  As  yet  there  was  no  curb  to 
the  will  of  the  legislative  body.  Never  had  a  court  declared 
any  legislative  action  a  nullity.  Once  elected  and  in  pos- 
session of  power  the  Assembly  could  extend  its  sessions  and 


528  THE  COUNCIL  OF  SAFETY,  1776 

*JJ*  exert   arbitrary   sway,    ignoring  all   limitations   and   every 

restriction  that  might  be  embodied  in  the  constitution ;  and 
it  was  apprehended  that  a  judiciary  dependent  on  the  will 
of  the  people  would  lack  that  stability  and  independence 
which  constitute  the  safeguard  of  personal  rights  and  of 

pivergen-  property.  The  fundamental  principles  on  which  the  new 
government  was  to  be  founded  thus  became  a  matter  of  the 
gravest  concern.  Divergencies  at  once  arose.  There  were 
those  who  proposed  to  give  the  fullest  recognition  to  the 
rights  of  the  people  as  a  source  of  all  power,  and  others 
who  deemed  it  wiser  and  more  prudent  not  to  inaugurate 
such  a  change  in  the  administration  of  affairs  as  this  would 
necessarily  involve.  Theretofore  suffrage  had  been  limited 
to  freeholders;  and  the  judiciary  was  appointed.  Samuel 
Johnston,  who  had  been  the  most  influential  man  in  the 

Apprehen-  province,  felt  that  the  despotism  of  a  democracy  was  to  be 
feared,  and  that  a  judiciary  resting  on  the  popular  will,  with 
the  judges  not  independent,  but  courting  popularity,  would 
be  intolerable;  and  he  was  determined  in  his  opposition  to 
the  establishment  of  a  government  without  any  practical 
limitation  to  its  powers,  and  with  the  tenure  of  all  the  great 
offices  dependent  on  the  favor  of  the  inhabitants  generally. 
In  his  view  those  who  advocated  this  system  were  'already 
entering  on  the  race  for  popularity/'  and  he  apprehended 
that  the  greatest  evils  would  result  from  such  a  plan  of 
government.  Instead  of  a  pure  democracy,  he  urged  the 
establishment  of  a  representative  republic,  with  annual  elec- 
tions to  hold  the  legislature  in  check.  Educated  in  New 
England,  he  was  a  thorough  republican.  But  he  agreed 
with  John  Adams,  who  had  written  a  dissertation  on  gov- 
ernment advising  the  establishment  of  new  constitutions  on 

foddf*i       ^e  very  Prmc'ples  tnat  Johnston  advocated.    He  would  not 

»76  '  '  yield.  On  April  17th  he  wrote:  "I  must  confess  our  pros- 
pects are  at  this  time  very  gloomy.  Our  people  are  about 
forming  a  constitution.  From  what  I  can  at  present  collect 
of  their  plan,  it  will  be  impossible  for  me  to  take  any  part 
in  the  execution  of  it." 

teence  Being  overborne,   on   the    18th   he   withdrew   from   the 

*78, »79  committee;  but  the  next  day  Thomas  Jones,  also  a  con- 
servative, but  not  so  avowed  in  his  principles  as  Johnston, 


CONSERVATIVE  vs.  RADICAL 


529 


notified  him  that  the  disagreeable  difficulty  which  had  inter-  xj* 

rupted  the  harmony  of  the  committee  had  been  adjusted, 
and  invited  him  to  meet  the  other  members  that  evening. 

And  again,  on  April  20th,  Johnston  wrote :  " We  have  not 
yet  been  able  to  agree  on  a  constitution.  We  have  a  meeting 
on  it  every  evening,  but  can  conclude  on  nothing ;  the  great 
difficulty  in  our  way  is  how  to  establish  a  check  on  the 
representatives  of  the  people,  to  prevent  their  assuming 
more  power  than  would  be  consistent  with  the  liberties  of 
the  people,  such  as  increasing  the  time  of  their  duration, 
and  such  like.  .  .  .  Some  have  proposed  that  we  should  take  McRee's 
up  the  plan' of  the  Connecticut  constitution  for  a  ground-  »a%7  ' 
work,  but  with  some  amendments,  such  as  that  the  great  of- 
ficers, instead  of  being  appointed  by  the  people  at  large, 
should  be  appointed  by  the  Assembly;  that  the  judges  of  our 
courts  should  hold  their  offices  during  good  behavior.  After 
all,  it  appears  to  me  that  there  can  be  no  check  on  the  repre- 
sentatives of  the  people  in  a  democracy  but  the  people  them- 
selves ;  and  in  order  that  the  check  may  be  more  efficient,  I 
would  have  annual  elections." 

Up  to  that  time  there  had  been  no  new  constitution 
adopted  in  any  province  except  alone  South  Carolina.  The 
people  of  Connecticut  were  then  living,  and  continued  to 
live  until  1818,  under  the  charter  granted  in  1662  by 
Charles  II,  by  which  the  governor  and  twelve  assistants 
and  the  general  assembly  were  chosen  by  a  majority  of  the 
freemen  of  the  colony;  but  the  governor  and  his  assistants 
were  empowered  to  erect  courts  and  appoint  judges  and 
otherwise  administer  public  affairs.  On  March  26th  South  The 
Carolina  had  adopted  a  constitution  to  regulate  the  internal 
polity  of  the  colony  "until  an  accommodation  of  the  unhappy 
differences  between  Great  Britain  and  America  can  be  ob- 
tained." By  it  the  electors  were  to  be  the  same  as  under  the 
old  laws,  and  they  were  to  choose  members  of  the  general 
assembly,  who  were  to  select  out  of  themselves  a  legislative 
council  to  form  a  separate  and  distinct  house,  with  equal  leg- 
islative power  as  the  Assembly  itself ;  and  these  two  houses 
were  to  choose  a  president  of  the  province  and  a  council 
of  state.  A  printed  copy  of  this  constitution  was  obtained 
by  the  North  Carolina  congress.     On  April  28th  Thomas 


constitution 
of  South 
Carolina 


S30 


THE  COUNCIL  OF  SAFETY,  1776 


1776 

McRee's 
Iredell,  I, 
«77*  »78 


The  first 
outline 


The  con- 
stitution 
postponed 


McRee's 
Iredell,  I, 
»79 


C.  R.,  X, 

579 

The  Council 
of  Safety 


Jones  wrote:  "The  constitution  goes  on  but  slowly.  The 
outlines  of  it  made  their  appearance  in  the  house  for  the 
first  time  yesterday,  and  by  the  last  of  this  week  it  probably 
may  be  finished.  The  plan  as  it  now  stands  will  be  subject 
to  many  alterations ;  at  present  it  is  in  the  following  manner  : 
First,  a  house  of  the  representatives  of  the  people,  all  free 
householders  of  one  year's  standing  to  vote ;  and  second,  a 
legislative  council,  to  consist  of  one  member  from  each 
county  in  the  province,  to  sit  as  an  upper  house ;  and  these 
two  houses  are  to  be  a  check  on  each  other,  as  no  law  can 
be  made  without  the  consent  of  both,  and  none  but  free- 
holders will  have  a  right  to  vote  for  the  members  of  this 
council.  Next,  an  executive  council,  to  consist  of  the  presi- 
dent and  six  councillors,  to  be  always  sitting,  to  do  all 
official  business  of  government.  .  .  .  The  president  and 
council  to  be  elected  annually,  as  also  the  Assembly  and  leg- 
islative council."  The  judicial  system  apparently  had  not 
been  agreed  on. 

Johnston  had  so  far  prevailed  that  there  were  to  be  annual 
elections  of  assemblymen ;  and  at  least  one  branch  of  the 
Assembly  was  to  be  elected  by  freeholders.  For  two  days 
this  outline  was  debated  by  the  convention  in  committee  of 
the  whole,  but  the  divergencies  were  pronounced  and  other 
matters  required  attention,  so  on  April  30th  the  subject  was 
postponed  until  November;  and  a  new  committee,  com- 
posed, however,  of  some  of  the  same  members,  was  directed  to 
report  a  temporary  form  of  government  until  the  end  of  the 
next  congress.  Although  Johnston  was  not  a  member  of  the 
new  committee,  his  relations  with  it  were  so  close  that  on  the 
second  day  after  its  appointment  he  wrote:  "Affairs  have 
taken  a  turn  within  a  few  days  past.  All  ideas  of  forming 
a  permanent  constitution  are  at  this  time  laid  aside.  It  is 
now  proposed  for  the  present  to  establish  a  council  to  sit 
constantly,  and  county  committees  to  sit  at  certain  fixed 
periods,  but  nothing  is  concluded. "  Ten  days  elapsed  before 
the  report  of  the  new  committee  was  considered  by  the 
house.  Then,  as  Johnston  had  indicated,  a  Council  of  Safety 
was  appointed  to  sit  from  day  to  day  at  such  places  as  they 
should  think  prudent  and  proper.  The  Provincial  Council 
and  the  district  committees  were  abolished. 


CONSTITUTION  OF  COUNCIL  OF  SAFETY         531 

As  before,  the  members  from  each  district  selected  two  ^6 

members  and  the  congress  one.  But  now  Willie  Jones,  a  c^r.,x, 
leader  among  those  who  differed  with  Johnston,  was  selected 
by  the  congress  in  his  stead.  The  other  changes  were: 
Nash,  Kinchen,  Spencer,  and  Avery  gave  place  to  Simpson, 
Rand,  Hezekiah  Alexander,  and  William  Sharpe,  while  J.  J. 
Williams  filled  the  vacancy  for  Halifax. 

Having  on  May  12th  made  this  provision  for  the  admin- 
istration of  provincial  affairs,  two  days  later  the  congress 
adjourned.  Although  it  was  a  reasonable  inference  that 
those  who  opposed  the  views  of  Samuel  Johnston  were  in  Samuel 

,  ......  ,  .      .  -  Johnston 

the  majority  in  the  body,  yet  when  it  became  necessary  for 
him  to  leave  the  chair,  on  May  2d,  Allen  Jones,  also  a  con- 
servative, was  elected  vice-president;  and  on  its  adjournment 
the  congress,  in  tendering  thanks  to  its  president  for  his 
faithful  discharge  of  his  duties,  was  particular  to  add  that 
he  had '"in  that,  as  in  all  other  stations,  approved  himself 
the  firm  and  liberal  patron  of  liberty  and  a  wise  and  zealous 
friend  and  asserter  of  the  rights  of  mankind."  But  when  c.  rmx, 
Johnston  left  the  hall  it  was  not  to  return  as  a  represents-  59° 
tive  until  the  differences  of  that  period  had  faded  from 
memory. 

The  first  invasion 

Toward  the  end  of  January  General  Clinton  was  detached  ,7?6 
from  the  British  army  at  Boston  with  a  small  command  to 
conduct  operations  elsewhere.    When  his  departure  became 
known,  General  Charles  Lee  was  directed  to  repair  to  New 
York,  his  supposed  destination.    They  arrived  at  that  point 
on  the  same  day,  February  4th,  but  Clinton  openly  avowed 
that  his  expedition  was  intended  for  North  Carolina.     Such 
an  avowal  was  received  with  doubt.     On  his  sailing  from 
New  York,  the  Continental  Congress  created  the  Southern 
Department,  assigned  the  command  to  General  Lee,  and  on  Mooreand 
March  1st,  appointed  Moore  and  Howe  brigadier-generals.  J1;™' briga" 
Lee  hastening  to  Virginia  reached  Williamsburg  simultane- 
ously with  Clinton's  arrival  in  the  Chesapeake.    The  British  Lee  joint 
general  lingered  with  Dunmore  until  early  in  April,  when  he  vi^nU 
joined  Governor  Martin  below  Brunswick ;  still  it  was  appre- 
hended that  the  real  point  of  attack   would  be  Virginia, 


532  THE  COUNCIL  OF  SAFETY,  1776 

*j£  and  Lee  remained  there  a  month  making  preparations  to 

meet  it. 

Already  were  there  many  vessels  in  the  Cape  Fear  harbor, 
drawn  together  in  connection  with  the  intended  invasion, 
but  week  after  week  passed  without  the  arrival  of  Sir  Peter 

May  Parker's  fleet  bringing  Cornwallis  and  his  seven  regiments 

of  regulars.  A  succession  of  disastrous  storms  had  delayed 
the  vessels.  Nor  was  this  the  only  disappointment  of  the 
British  commander.  Instead  of  the  promised  support  from 
the  interior,  instead  of  an  army  of  Loyalists  ready  to  co- 
operate, he  found  a  hostile  force  awaiting  him,  and  that  the 
unexpected  catastrophe  that  had  befallen  McDonald  neces- 
sitated an  entire  change  of  plans. 

Lee,  following  Clinton,  had  himself  started  southward, 
preceded  by  General  Howe,  directing  Howe's  North  Caro- 
linians   under    Major    Patten   and    Muhlenberg's    Virginia 

c  r.,  x,      regiment  to  follow.     On  May  2d  Howe  reached  Halifax, 

556  and  on  the  floor  of  the  house,  pursuant  to  a  resolve  of  the 

congress,  the  president  returned  him  thanks  for  his  con- 
duct during  the  whole  of  the  late  dangerous,  important, 
and  critical  campaign,  and  more  especially  for  the  reputation 
the  North  Carolina  troops  acquired  under  his  command. 
General  Lee  was  then  approaching  the  border,  and  Colonel 

^IveTat       L°n£  was  directed  to  receive  him  at  the  boundary  with  a 

Halifax  detachment  of  troops  and  escort  him  to  the  congress.  From 
Halifax  the  general  passed  on  to  New  Bern,  making  himself 
acquainted  with  the  condition  of  affairs  in  the  province. 

ln\ve*et  At  length>  about  May  1st,  the  grand  fleet  began  to  arrive 

in  the  harbor,  and  all  doubt  about  its  destination  being  now 
removed,  Moore  despatched  the  news  to  the  congress  at 
Halifax.  That  body  at  once  ordered  all  the  continental 
battalions  to  report  to  General  Moore,  and  in  addition  to 
the  battalion  that  had  been  raised  for  Colonel  Brown,  a  draft 
of  fifteen  hundred  more  militia  was  made  from  the  eastern 
districts,  those  from  Halifax  and  Edenton  being  assigned 

s.r.,  xi,  to  the  command  of  Colonel  Peter  Dauge.  No  drafts  were 
made  from  the  western  districts,  because  of  a  particular 
purpose  of  importance  at  that  time,  but  the  western  regi- 
ments were  to  hold  themselves  in  readiness.  This  doubt- 
less was  to  have  a  reserve  force  near  at  hand  to  suppress 


296 


THE  BRITISH  INVASION 


533 


any  further  rising  by  the  Tories.  The  Whigs  of  North 
Carolina  now  displayed  a  glorious  ardor,  and  rushed  with 
impetuosity  to  the  scene  of  the  expected  conflict.  Soon  it 
was  estimated  that  the  patriot  force  collected  on  the  Cape 
Fear  numbered  ninety-four  hundred  men,  all  but  the  con- 
tinentals being  under  the  command  of  General  Ashe.  The 
approaches  to  the  town  were  fortified,  and  vessels  were  sunk 
in  the  channel  a  few  miles  below  to  prevent  an  attack  by 
water.    Every  preparation  was  made  for  stubborn  resistance. 

It  had  been  announced  that  the  king,  ignoring  the  Con- 
tinental Congress,  would  send  commissioners  to  treat  with 
each  province  separately,  and  it  was  thought  that  these 
commissioners  might  come  with  the  fleet.  North  Carolina, 
spurning  the  suggestion  that  she  could  be  detached  from 
the  general  cause  of  America,  resolved  that  "if  such  com- 
missioners should  arrive  in  this  province,  unless  with  a 
commission  to  treat  with  the  Continental  Congress,  they 
should  be  required  to  return  immediately  to  their  vessel ;  and 
if  at  any  time  thereafter  they  should  be  found  on  shore  they 
should  be  seized  and  sent  to  congress."  But  these  commis- 
sioners did  not  come  with  Sir  Peter  Parker.  Later  they 
landed  at  the  north  after  independence  was  declared,  but 
their  errand  was  bootless. 

After  full  consultation  with  Governor  Martin,  and,  indeed, 
with  Governor  Tryon  at  New  York,  as  to  the  best  course  to 
be  pursued  to  detach  the  people  from  the  revolutionary  gov- 
ernment in  North  Carolina,  General  Clinton  on  May  5th 
issued  a  proclamation  inveighing  against  the  tyranny  of  the 
congresses  and  committees  and  entreating  the  people  to  avoid 
the  miseries  attendant  on  civil  war  by  a  return  to  the  bless- 
ings of  a  free  government.  He  offered  pardon  to  all  who 
should  submit  to  the  laws  except  alone  Cornelius  Harnett 
and  Robert  Howe.  Howe  had  given  great  offence  to  Martin 
by  preparing  the  address  to  the  king  in  1774  and  procuring 
it  to  be  sent  through  Governor  Tryon  instead  of  Governor 
Martin ;  he  had  also  been  among  the  very  first  to  form  com- 
panies and  train  the  people  to  arms,  and  had  expelled  Dun- 
more  from  the  soil  of  Virginia  as  the  previous  year  he  had 
assisted  in  driving  Martin  from  the  soil  of  North  Carolina. 
In  this  last  enterprise  Harnett  also  had  been  a  conspicuous 


1776 


Prcf.  Notes, 
C.  R.f  X, 

XIII 


May 

Prepara- 
tions for 
defence 


The  king's 
commis- 


C.  RM  X, 

5Qi 

Clinton's 
proclama- 
tion 


Harnett  and 
Howe  ex- 
cepted from 
pardon 


534 


THE  COUNCIL  OF  SAFETY,  1776 


1776 


The  badge 
of  honor 


Moore  and 
Ashe  ready 


iones's 
defence, 
261 


The  burning 
of  Orton 
mill 


S.  R.,  XI, 

306,398 


Martin, 
Hist.  North 
Carolina,  II, 
390.  39« 


actor,  and  now  he  was  the  president  of  the  State  when 
congress  was  not  in  session  and  at  the  head  of  the  revolu- 
tionary government.  The  exception  of  these  two  patriots 
from  the  tender  of  pardon  served  only  as  a  badge  of  hon- 
orable distinction,  endearing  them  still  more  to  the  patriots 
of  North  Carolina.  Two  days  after  issuing  this  proclama- 
tion Clinton  landed  two  regiments  and  made  a  recon- 
noissance  in  force  into  the  interior,  without,  however,  bring- 
ing on  any  engagement.  Moore  and  Ashe  held  their  forces 
well  in  hand  ready  for  any  emergency.  They  prepared  to 
contest  any  advance  Clinton  might  make;  but  days  passed 
without  any  hostile  movement.  Besides  the  direct  route  into 
the  interior,  there  was  another,  which  it  was  feared  the 
British  might  take,  and  three  hundred  and  fifty  horsemen 
guarded  that  road  to  give  warning  of  such  a  movement  and 
to  impede  it  should  Clinton  make  the  venture.  A  hundred 
vessels  lay  at  the  entrance  of  the  harbor  opposite  Fort 
Johnston,  and  a  detachment  of  continentals,  a  hundred  and 
fifty  men,  under  Major  William  Davis,  of  the  First  Bat- 
talion, was  stationed  near  Brunswick  to  hold  marauders  in 
check.  Their  headquarters  were  established  at  the  mill  of 
the  Orton  plantation,  in  the  vicinity  of  the  town.  On  Sun- 
day, May  1 2th,  between  two  and  three  o'clock,  Cornwallis 
hastily  threw  ashore  nine  hundred  troops,  with  the  purpose 
of  surprising  and  capturing  that  post.  Vigilant  sentries, 
however,  watched  the  enemy,  and  these  resolutely  opened 
fire,  giving  the  alarm,  and  Major  Davis  removed  his  stores 
and  provisions  and  withdrew  his  detachment  by  a  timely 
movement.  Cornwallis,  nevertheless,  lost  one  man  killed, 
several  wounded,  and  a  sergeant  of  the  Thirty-third  Regi- 
ment, who  was  taken  prisoner.  Foiled  in  his  purpose,  his 
lordship  burned  the  empty  mill,  and  after  remaining  some 
hours  in  the  village  of  Brunswick,  he  ravaged  the  neighbor- 
ing plantation  of  General  Howe,  carrying  off  some  twenty 
bullocks  as  the  reward  of  his  enterprise.  Three  clays  later 
.five  of  the  British  regiments  went  into  quarters  at  Fort 
Johnston  and  one  on  Baldhead,  leaving  one  on  board  the 
ships.  The  larger  part  of  the  American  forces  remained 
near  Wilmington  ready  for  any  movement,  while  a  consider- 
able body  was  encamped  some  two  or  three  miles  from  the 


BRITISH  LEAVE  THE  CAPE  FEAR  535 

enemy  near  Fort  Johnston.    Thus  matters  stood  clay  after  i*£ 

day  during  that  period  of  apprehension  and  anxiety,  but 
Clinton  made  no  movement. 

It  being  known  that  the  Tories  had  been  disarmed,  no  aid  Operations 
was  expected  from  them  should  a  column  be  thrown  into 
the  interior;  and  it  was  apprehended  that  any  attempt  at 
subjugation  would  result  in  a  protracted  campaign,  which 
might  not  be  terminated  before  the  troops  would  be  needed 
for  more  important  movements  then  in  contemplation.    And  £•  R-»  *• 
in  that  event  the  withdrawal  of  the  force,  with  subjugation 
not  completed,  would  have  the  appearance  of  defeat,  entail- 
ing worse  consequences  than  would  attend  making  no  imme- 
diate effort  to  subdue  the  inhabitants.    Influenced  by  these 
considerations,  General  Clinton  deemed  it  inadvisable  to  be- 
gin at  that  time  operations  in  North  Carolina,  and  deter- 
mined to  use  the  army  in  connection  with  the  war  vessels 
to  reduce  Charleston.    So  toward  the  end  of  May  the  fleet  £j£fleel 
sailed,  coming  to  anchor  off  that  harbor  on  June  7th. 

Governor  Martin  accompanied  Clinton,  but  there  were  left 
on  the  station  several  vessels,  one  of  which,  the  Jenny,  was  The  jenny 
the  abiding  place  of  a  considerable  number  of  Tories,  who, 
deserting  their  habitations,  had  sought  protection  with  the 
fleet.  Among  these  were  persons  instructed  by  the  gov- 
ernor to  maintain  a  correspondence  with  the  Loyalists  of 
the  interior  and  give  them  every  possible  encouragement 
during  his  absence.  Governor  Martin  continued  with  Gen-  £•  R^»  x» 
eral  Clinton  during  the  siege  of  Charleston,  and  accompanied 
him  later  on  his  return  to  the  north. 

The  Council  of  Safety 

While  the  British  army  was  still  in  the  harbor,  it  was  6i'gR"X' 
considered  that  the  Council  of  Safety  should  convene  at 
Wilmington,  and  the  members  met  there  on  June  5th,  and 
Cornelius  Harnett  was  unanimously  chosen  president.*    The 
immediate  danger  had  then  passed.     But  affairs  were  in  a 

♦Some  writers  have  erroneously  supposed  because  Sam  Johnston 
and  Willie  Jones  were  chosen  to  represent  the  province  in  the 
Council  of  Safety  that  they  presided  in  the  council,  but  not  so. 
Harnett  was  chosen  to  preside  over  both  bodies.  He  was  president  of 
the  Sons  of  Liberty  in  the  six  counties  of  the  Cape  Fear  in  1770,  and 
doubtless  from  their  organization  in  1765. 


536 


THE  COUNCIL  OF  SAFETY,  1776 


1776 


C.  R.,  X, 

638 


To  suppress 
dissatisfac- 
tion 


Coal  and 
iron  on 
Deep  River 


C.  RM  X, 

649 


Armed 
vessels  fitted 
out 


turmoil.  There  were  some  outlying  malcontents,  concerned 
in  the  insurrection,  now  in  the  swamps  of  Bladen,  who  sent 
information  to  General  Ashe  that  they  were  desirous  of 
submitting  themselves  to  the  council ;  and  it  was  resolved 
that  they  would  be  allowed  to  return  to  their  homes  on  taking 
an  oath  to  fight  when  called  on  in  the  American  cause. 

Efforts  to  inflame  the  minds  of  the  people  in  Edgecombe 
and  Dobbs  were  so  important  that  Colonel  Sheppard  was 
directed  to  call  out  as  many  of  the  militia  as  were  necessary 
to  arrest  those  who  were  endeavoring  to  dissuade  the  people 
from  sustaining  the  congress ;  similar  action  was  taken  with 
regard  to  Johnston  County,  while  in  Cumberland  two  com- 
panies of  light  horse  were  placed  under  the  control  of 
Colonel  Folsome  to  maintain  the  authority  of  the  congress. 

The  council  continued  its  efforts  to  provide  munitions  of 
war,  and  also  a  supply  of  salt,  so  absolutely  necessary  for 
the  soldiers  as  well  as  the  inhabitants;  and  an  arrangement 
was  made  for  the  use  of  Wilcox's  bloomery  and  forge  on 
Deep  River,  some  thirty  miles  south  of  Hillsboro,  where 
good  iron  was  produced  from  ore  beds.  The  presence  of 
coal  in  the  immediate  vicinity  and  the  great  profusion  of  nat- 
ural supplies  led  the  commissioners  to  report:  "Upon  the 
whole,  nature  has  poured  out  with  a  bountiful  hand  on  that 
part  of  our  country  everything  necessary  for  the  establish- 
ment of  an  extensive  iron  manufactory." 

The  brig  Pennsylvania  Farmer,  which  had  been  equipped 
under  the  orders  of  congress,  lay  then  at  New  Bern,  and  the 
council  directed  that  she  should  be  armed  with  eight  of  the 
cannon  lately  imported;  and  Richard  Ellis,  of  New  Bern, 
applied  for  letters  of  marque  and  reprisal  for  his  armed 
sloop,  the  Heart  of  Oak,  of  seventy  tons  burden ;  and  George 
Dennison,  the  captain  of  the  vessel,  was  given  letters  per- 
mitting him  to  act  against  the  enemies  of  the  thirteen  united 
colonies ;  and  Edward  Tinker,  captain  of  the  armed  schooner 
Johnston,  belonging  to  John  Green  and  others,  of  New  Bern, 
was  also  given  letters  of  marque.  Vessels  were  constantly 
arriving  through  Ocracokc  with  arms  and  munitions,  one, 
the  Little  Thomas,  having  brought  in  twenty  pieces  of 
cannon. 

Several  of  the  prisoners  who  had  been  sent  to  Philadelphia 


BRITISH  ATTACK  CHARLESTON 


537 


1776 


C.  R.,  X, 

63* 


North 


and  Virginia  having  made  their  escape  and  returned  to 
their  homes,  now  began  using  their  utmost  influence  to  infect 
others  with  their  Tory  principles;  among  them  were 
Dr.  Pyle  and  his  son  John.  Colonel  Folsome,  in  command  SkJSc 
in  Cumberland,  was  directed  to  march  with  a  party  of  horse, 
with  the  utmost  secrecy,  and  to  arrest  them  again.  There 
were  many  other  evidences  of  disaffection,  and  to  counter- 
act those  influences  required  prompt  action  on  the  part  of 
the  busy  members  of  the  council,  who  were  under  a  great 
strain  because  of  the  public  affairs,  much  being  of  a  delicate 
nature,  that  pressed  upon  them. 

The  attack  on  Fort  Moultrie 

On  the  departure  of  the  fleet  from  the  Cape  Fear,  Lee  -e 
hastened  to  Charleston,  accompanied  by  Howe,  where  he 
arrived  early  in  June.  Moore  remained  at  Wilmington,  but 
two  continental  regiments  under  Nash  and  Martin  reached  c^ina 
Charleston  on  June  nth,  followed  later  by  the  Virginia  regi-  jjmlmenu,» 
ment  and  the  Third  and  Fouth  Continentals,  not  then  needed  char,etton 
at  Cape  Fear.  A  rifle  regiment  raised  at  the  west  likewise 
repaired  to  Charleston.  Felix  Walker,  afterward  long  a 
member  of  congress  from  the  Buncombe  district,  says  in  his 
"Autobiography":  "I  was  appointed  lieutenant  in  Captain 
Richardson's  company  in  the  rifle  regiment.  I  returned  to 
Watauga  and  recruited  my  full  proportion  of  men  and 
marched  them  to  Charleston  in  May,  1776,  joined  the  regi- 
ment, and  was  stationed  on  James  Island." 

When  the  fleet  dropped  anchor  off  the  bar  the  Charles- 
tonians  barricaded  their  streets  and  prepared  to  defend  the 
wharves  of  the  city,  and  soon  troops  were  stationed  on  the 
outlying  islands  enclosing  the  harbor.  Colonel  Moultrie  be- 
gan working  night  and  day  constructing  a  fort  on  the  end  Fort 
of  Sullivan's  Island  by  bolting  palmetto  logs  together  for  JJgun"* 
walls,  with  sixteen  feet  of  sand  between  them.  Week  after 
week  passed  and  no  attack  was  made,  so  that  toward  the 
end  of  June  the  front  of  his  fort  was  well  finished  and  thirty 
odd  guns  were  mounted  in  it.  But  powder  was  scarce,  and 
there  were  hardly  twenty-five  rounds  of  ammunition  for  the 
guns.  On  the  northeast  of  that  island  lay  Long  Island,  a 
naked  sand  bank,  and  there  Clinton  landed  more  than  three 


538 


THE  COUNCIL  OF  SAFETY,  1776 


1776 


Clark's 
battalion 


Tunc  a8th, 
Battle  of 
Fort 
Moultrie 


A  glorious 
victory 


C.  RM  X, 

618c 


Conduct  of 
the  North 
Carolina 
troops 


thousand  troops,  intending  to  cross  the  narrow  intervening 
waters  and  thus  gain  possession  of  Sullivan  Island.  To  re- 
sist his  advance  Colonel  Thompson,  of  South  Carolina,  was 
stationed  at  that  end  of  Sullivan's  Island  with  three  hun- 
dred of  his  own  riflemen,  two  hundred  of  Clark's  North 
Carolina  regiment,  two  hundred  more  South  Carolinians 
under  Horry,  and  with  some  light  pieces  on  his  flank ;  while 
Njash,  for  whom  Lee  had  conceived  a  high  opinion,  was 
placed  to  defend  the  rear  of  the  fort,  which  was  unfinished, 
and  a  post  of  great  consequence. 

After  much  fortunate  delay,  in  the  early  morning  of 
June  28th  the  fleet  approached  the  fort  and  the  battle  be- 
gan. The  British  brought  into  action  ten  times  the  number 
of  guns  that  Moultrie  could  use,  but  made  no  impression 
on  the  palmetto  fort.  A  flag  of  blue  with  a  white  crescent 
emblazoned  with  the  word  "Liberty"  proudly  floated  over 
the  rampart.  In  the  torrent  of  balls  the  staff  that  bore  it 
was  severed,  but  as  it  fell  Sergeant  Jasper  heroically  seized 
the  standard  and  again  raised  it  on  the  bastion  next  to  the 
enemy.  The  attempt  to  pass  from  Long  Island  was  no  more 
successful  than  the  attack  on  the  water.  The  brave  Ameri- 
cans drove  the  infantry  back  on  two  occasions,  and  the 
assault  both  on  land  and  sea  was  a  signal  failure.  The  slow 
and  skilful  fire  of  Moultrie  drove  off  the  fleet  and  destroyed 
several  frigates,  the  Bristol  losing  40  men  killed  and 
71  wounded  and  the  Experiment  23  killed  and  56  wounded; 
while  the  American  loss,  after  ten  hours  of  incessant  conflict, 
was  but  1 1  killed  and  26  wounded.  Repulsed,  defeated,  the 
army  re-embarked  on  the  vessels  and  the  contest  was  over.  A 
more  glorious  victory  was  hardly  ever  won,  and  the  tidings 
flew  from  colony  to  colony,  reaching  Philadelphia  just  after 
the  deputies  in  congress  had  signed  the  Declaration  of  Inde- 
pendence, and  causing  great  joy  throughout  America. 

While  Moultrie's  gunners  were  heroes  the  infantry  like- 
wise won  great  applause.  Of  the  gallant  conduct  of  Clark's 
North  Carolinians,  Lee  expressed  himself  in  the  highest 
terms,  saying:  "I  know  not  which  corps  I  have  the  greatest 
reason  to  be  pleased  with,  Muhlenberg's  Virginians  or  the 
North  Carolina  troops ;  they  are  both  equally  alert,  zealous, 
and  spirited."     Twice  the  enemy  attempted  to  land,  "and 


MOVEMENTS  OF  TROOPS  539 

twice  they  were  repulsed  by  a  Colonel  Thompson,  of  the  U* 

South  Carolina  rangers,  in  conjunction  with  a  body  of  North 
Carolina  regulars.  Upon  the  whole,  the  South  and  North 
Carolina  troops  and  the  Virginia  rifle  battalion  we  have  here 
are  admirable  soldiers." 

The  Council  of  Safety  had  directed  the  county  committees 
to  call  on  every  person  suspected  of  Toryism  to  render  an  in- 
ventory of  his  estate,  and  in  case  of  neglect,  the  commanding 
officer  of  the  county  was  ordered  to  bring  the  suspected  per- 
son before  the  board.  This  order,  contemporaneous  with  the  maycddb" 
glorious  news  of  the  repulse  of  General  Clinton  at  Charles- 
ton, which  created  wild  enthusiasm  among  the  Whigs,  caused 
a  great  commotion  among  the  Loyalists,  and  they  flocked  in  c  R  x 
to  sign  the  test  and  association.  ** 

After  the  repulse  of  the  British  fleet  by  Fort  Moultrie, 
General  Clinton  still  lingered  at  Charleston,  threatening 
Savannah,  and  it  was  apprehended  he  might  yet  return  to 
the  original  plan  of  subjugating  North  Carolina.  Toward 
the  end  of  July,  however,  he  abandoned  his  design  against 
the  southern  colonies  and  sailed  northward.  When  this  be- 
came known,  early  in  August,  General  Ashe  discharged  the 
militia  brigade  from  the  districts  of  New  Bern,  Halifax,  and 
Edenton,  reserving  only  a  part  of  the  Wilmington  brigade  in 
active  service.  A  British  force  of  fifteen  vessels  still  occu- 
pied the  lower  harbor  and  held  Baldhead,  remaining  there 
all  summer,  watched,  however,  by  General  Moore  and  by  the 
continentals  and  the  militia  remaining  in  the  service.  Hardly 
had  Clinton  departed  before  General  Lee  began  to  organize 
an  expedition  into  Florida,  being  accompanied  by  General 
Howe,  the  Virginia  regiment,  the  Third  North  Carolina 
Continentals,  and  some  companies  of  the  First  and  Second 
regiments.  But  in  September,  having  been  ordered  north, 
General  Lee  departed,  leaving  Howe  in  command.  The 
troops  in  lower  Georgia  suffering  much  from  sickness,  four- 
teen or  fifteen  men  dying  every  day,  Howe  thought  it  best 
to  relinquish  the  enterprise,  and  returned  to  Charleston. 
During  the  fall  the  other  continental  regiments  were  held 
by  General  Moore  on  the  North  Carolina  coast,  and  efforts  c.  r.,  x, 
were  made  to  complete  the  organization.  8s8 


CHAPTER  XXXI 


1776 


May  97th, 
The  North 
Carolina 
resolution 
presented 


June  7tht 
Independ- 
ence 
proposed 


Independence 

Independence  declared. — Lee's  resolution. — The  declaration. — 
The  North  Carolina  deputies. — The  declaration  proclaimed. — The 
address  of  the  council. — Religious  teachings  in  Anson. — James  Hun- 
ter a  patriot. — The  Indians  hostile. — Rutherford  crosses  the  moun- 
tains.— Washington  district  annexed. — The  movement  against  the 
Indians. — Rutherford  successful. — The  Surry  regiment. — Moore's 
expedition. — The  Tories  active. — Salt-making. — The  British  abandon 
Cape  Fear. — A  winter  campaign  threatened. 

Independence  declared 

Some  three  weeks  after  North  Carolina  had  instructed 
her  deputies  to  concur  in  declaring  independence  the  Vir- 
ginia convention  met,  and  on  May  15th  adopted  a  resolution 
directing  her  deputies  to  propose  independence.  On  the 
same  day  Boston  and  a  majority  of  the  other  towns  in 
Massachusetts,  in  their  town  meetings,  instructed  their  local 
representatives  to  the  same  effect.  On  May  27th  Joseph 
Hewes,  then  the  only  North  Carolina  deputy  in  attendance 
on  the  Continental  Congress,  presented  the  North  Carolina 
resolution,  and  immediately  the  Virginia  instructions  were 
also  presented.  These  resolves  and  the  action  of  the  Con- 
tinental Congress  on  May  15th,  declaring  that  it  was  irrecon- 
cilable with  good  conscience  for  the  people  to  take  oaths 
•  to  support  government  under  the  Crown,  and  that  the  powers 
of  government  should  be  exerted  under  the  authority  of  the 
people,  brought  the  subject  -  f  independence  sharply  to  the 
attention  of  the  other  colonies,  and  the  leaven  had  begun 
to  work.  Yet  nearly  two  weeks  elapsed  before  there  was 
any  movement.  Then,  on  June  7th,  Richard  Henry  Lee 
offered  in  congress  a  resolution  "That  these  united  colonies* 
are  and  of  right  ought  to  be  free  and  independent  States." 

*The  expression  "hath,  and  of  right  ought  to  have,"  the  original 
of  this  phrase,  is  found  in  the  reply  which  the  English  Commons 
made  to  King  James  I  when  he  communicated  his  unsatisfactory 
answer  to  their  "Remonstrance  de  droit."  Rushworth  was  studied 
b>  the  American  leaders  for  precedents. 


1.  Samuel  Johnston 
3.  John  Penn 


2.  William  Hooper 
4.  Joseph  Hewes 


INDEPENDENCE  AGREED  ON 


S4i 


This  resolution,  so  fraught  with  momentous  consequences, 
was  not  considered  that  day;  but,  postponed  until  the  next 
morning,  it  was  debated  until  the  ioth.  Hewes,  speaking  for 
North  Carolina,  was  unalterably  fixed  and  urgent  in  favor 
of  immediate  action. 

A  bare  majority  of  the  colonies  favored  Lee's  resolution. 
New  York,  New  Jersey,  Pennsylvania,  Delaware,  Mary- 
land, and  South  Carolina  were  not  prepared  to  support  it, 
and  its  further  consideration  was,  by  a  vote  of  7  to  5, 
postponed  until  July  1st,  Hewes  casting  the  vote  of  North 
Carolina  against  the  postponement.  By  that  date  it  was 
hoped  that  new  instructions  might  be  received  from  the 
provinces  that  still  held  back.  To  lose  no  time,  a  committee 
was  appointed  to  prepare  a  declaration  of  independence, 
and  another  committee  was  directed  to  draft  a  plan  of  con- 
federation, Hewes  being  a  member  of  the  latter. 

Seventeen  days  slowly  passed,  and  then,  on  June  28th,  a 
draught  of  the  Declaration  vas  reported  to  the  house,  where 
it  lay  on  the  table  awaiting  the  decision  on  Lee's  resolution. 
At  length  July  1st  arrived,  and  that  resolution  was  again 
taken  up  for  consideration.  Maryland  and  New  Jersey  had 
in  the  meanwhile  given  in  their  adherence.  From  Delaware 
only  two  members  were  present,  and  they  divided,  so  the 
voice  of  that  colony  could  not  be  recorded.  The  delegates 
from  New  York,  having  no  instructions,  asked  leave  to 
retire.  Pennsylvania  and  South  Carolina  alone  voted  in  the 
negative.  At  the  request  of  Rutledge,  of  South  Carolina, 
hoping  for  unanimity,  the  decision  was  postponed  until  the 
next  day. 

When  the  congress  met  the  following  morning  a  third 
member  had  arrived  from  Delaware,  casting  the  vote  of  that 
province  for  the  resolution ;  changes  had  been  made  in  the 
Pennsylvania  delegation  with  a  like  result,  and  the  South 
Carolina  delegates  no  longer  withheld  their  assent.  New 
York  still  preferred  to  remain  silent  awaiting  instructions, 
which,  however,  were  freely  given  on  the  9th  of  that  month. 

Thus  on  July  2d  was  finally  determined,  by  virtually  the 
unanimous  voice  of  all  the  colonies,  the  great  question  which 
North  Carolina  had  proposed  on  April  12th.  At  that  time 
Penn,  who  had  left  Philadelphia  early  in  April,  had  returned, 


1776 


June  ioth, 
Bancroft's 
Hist.  U.  S., 
IV,  4*4 


Jefferson's 
Works,  I,  xs 
et  stq. 


resolution 


luly  2d, 
Independ- 
ence agreed 


542 


INDEPENDENCE,  1776 


1776 


and  voted  with  Hewes  for  independence,  but  Hooper  was 
still  detained  in  North  Carolina. 


July  4th, 
Thursday 


Changes  in 
Jefferson's 
draught 


Hooper's 
spirit 


The  declaration 

Jefferson  s  draught  of  a  Declaration,  which  had  lain  on  the 
table  since  June  28th,  awaiting  the  vote  on  Lee's  resolution, 
was  now  taken  up  for  discussion.  Every  word  of  it  was  duly 
weighed,  and  the  instrument  was  perfected.  During 
July  2d,  3d,  and  until  the  afternoon  of  the  4th,  the  con- 
sideration of  the  Declaration  continued,  and  then  the  instru- 
ment was  agreed  to.  Very  considerable  changes  were  made 
in  the  draught  reported  by  the  committee,  among  them  being 
the  incorporation  into  the  text  of  the  words  used  by  Lee 
tliat  the  united  colonies  "are,  and  of  right  ought  to  be,  free 
and  independent  States." 

The  North  Carolina  delegates 

As  this  glorious  consummation  was  at  the  instance  of 
North  Carolina,  and  was  accomplished  measurably  through 
the  cordial  and  zealous  support  of  her  delegation,  so  there 
was  no  time  when  her  delegates  were  not  fixed  and  forward 
in  the  important  work  of  the  Continental  Congress.  Caswell 
had  been  the  soul  of  energy,  and  gained  for  himself  the 
high  opinion  of  the  body.  Penn,  who  succeeded  him,  was 
equally  active  and  zealous.  Hooper  had  long  since  cast  his 
philosophic  eye  to  the  future,  and  beheld  America  "fast 
striding  to  independence."  His  sympathies,  his  sentiments, 
and  his  talents  placed  him  in  the  front  rank  of  its  influential 
members.  In  April  he  gladly  announced  that  he  had  found 
the  people  of  Virginia  desirous  of  independence,  and  that 
North  Carolina  far  exceeded  Virginia ;  that  in  many  counties 
there  was  no  dissenting  voice — a  condition  and  situation  so 
harmonious  with  his  own  personal  views  that  he  hastened 
to  send  the  information  back  to  Philadelphia,  where  it  was 
published. 

Hewes  differed  from  his  colleagues  in  being  a  trained 
business  man  and  not  having  followed  a  professional  career. 
Yet  he  had  been  longer  engaged  in  public  affairs  than  either 
of  his  associates,  and  for  years  had  been  one  of  those  who 


THE  WORK  OF  JOSEPH  HEWES 


543 


had  given  direction  to  political  events  in  North  Carolina.  Jjf 

Thoroughly  acquainted  with  commerce,  connected  with  a 
mercantile  house  at  Philadelphia,  as  at  Edenton,  familiar 
with  affairs  of  the  seas,  he  was  early  assigned  to  the 
Marine  Committee,  of  which  he  became  the  principal  mem- 
ber, discharging  practically  the  duties  of  a  secretary  of  the 
navy;  and  his  mercantile  houses  rendered  efficient  aid,  not 
merely  in  the  course  of  ordinary  business  but  in  making 
advances  for  the  benefit  of  congress.  His  spirit  was  such  JJjJ8^ 
that  he  wanted  to  take  the  field,  to  be  in  camp,  but  his  work 
in  congress  was  too  important  for  him  to  use  the  good 
musket  and  bayonet  with  which  he  had  provided  himself. 
Four  days  after  the  Declaration  was  signed  he  wrote :  "What 
has  become  of  my  friend  Hooper  ?  I  expected  to  have  seen 
him  ere  now.  My  friend  Penn  came  time  enough  to  give 
his  vote  for  independence.  I  send  you  the  Declaration  of 
Independence  enclosed.  I  had  the  weight  of  North  Caro- 
lina on  my  shoulders  within  a  day  or  two  of  three  months. 
The  service  was  too  severe.  I  have  sat  some  days  from  six 
in  the  morning  till  five  or  sometimes  six  in  the  afternoon 
without  eating  or  drinking.  Some  of  my  friends  thought 
that  I  should  not  be  able  to  keep  soul  and  body  together  to 
this  time.  Duty,  inclination,  and  self-preservation  call  on 
me  now  to  make  a  little  excursion  into  the  country  to  see 
my  mother.  This  is  a  duty  which  I  have  not  allowed  myself 
time  to  perform  during  the  almost  nine  months  I  have 
been  here."  And  indeed  it  was  time,  for  this  devoted  patriot 
had  exhausted  his  strength  and  prepared  the  way  for  his 
early  grave. 

On  March  28,  1813,  John  Adams  in  the  course  of  a  letter  Adams  in 
drew  a  picture  in  which  Hewes  was  presented  as  changing 
his  attitude  toward  independence.  That,  as  related,  was 
evidently  founded  on  imagination,  tinted  by  the  passage 
of  many  years.  The  circumstances  seem  to  show  that  the 
portrayal  lacked  reality.  The  matter  of  independence  was 
not  brought  positively  before  congress  until  May  27th,  and 
then  by  Hewcs  presenting  the  instructions  of  North  Carolina 
to  concur  in  declaring  independence;  and  North  Carolina, 
represented  alone  by  him,  consistently  voted  for  indepen- 


544 


INDEPENDENCE,  1776 


1776 


The  delay 
Congress 


C.  R.,  X, 

494.  498 


Bancroft's 
Hist.  U.  S., 
IV,  316 


Jones's 
Defence, 
i«5i  326 


dence  from  the  time  the  subject  was  first  introduced  into 
congress.* 
in  Probably  when  Hewes  broke  the  monotony  of  congress 
by  presenting  the  instructions  of  North  Carolina,  there  was 
a  great  and  startling  sensation,  for  congress  was  by  no  means 
prepared  to  act  on  the  measure.  Later  in  the  day  the  Vir- 
ginia instruction  was  likewise  presented;  but  so  out  of 
harmony  was  it  with  the  prevailing  sentiment  that  ten  days 
elapsed  before  the  Virginia  delegates  found  resolution  to 
obey  their  instruction ;  and  then,  against  the  voice  of  Hewes, 
the  matter  was  again  deferred  for  three  weeks  longer. 

It  appears  that  as  early  as  March  1st,  Hooper,  Hewes, 
and  Penn  wrote  to  the  Provincial  Congress  asking  in- 
structions with  respect  to  entering  into  foreign  alliances, 
and  it  does  not  appear  that  any  other  delegates  had  at  that 
time  made  a  similar  application.  They  seem  to  have  been 
the  first  to  move  the  waters.  Their  application  on  this 
subject  utterly  negatives  Mr.  Jefferson's  aspersion,  made  in 
his  old  age,  "that  we  had  not  a  greater  Tory  in  congress 
than  Hooper."  Mr.  Jefferson  imputed  to  Mr.  Adams  a 
failure  of  memory,  and  confessed  that  his  own  was  not  to 
be  relied  on.  In  this  doubt  of  his  own  accuracy  he  evidently 
was  entirely  correct. 

Mr.  Hooper  proposed  in  the  Provincial  Congress  of 
August,  1775,  the  articles  of  confederation,  and,  being  over- 
borne, in  the  Continental  Congress,  contrary  to  his  own 
wishes,  obeyed  the  instructions  of  North  Carolina.  That 
he  favored  independence  in  April,  1776,  is  evident.  Writing 
to  Johnston  six  months  later,  when  affairs  were  very  gloomy, 
he  expresses  the  feelings  of  his  inmost  heart :  "The  successes 
of  Howe  have  given  a  strange  spring  to  Toryism.  Men 
who  have  hitherto  lurked  in  silence  or  neutrality  seem  will- 
ing to  take  a  side  in  opposition  to  the  liberties  of  their 
country.  .  .  .  Were  I  to  choose  a  motto  for  a  modern  Whig 
it  should  be,  'Whatever  is,  is  right/  and  on  the  reverse, 
'Nil  despcrandum!  "  Such  was  Hooper's  spirit,  to  sustain 
all  measures,  to  be  steadfast  in  hope  and  constant  in  effort. 


♦Adams  must  have  had  in  mind  Rutledge,  of  South  Carolina,  who 
changed  on  July  2d,  deciding  the  measure,  to  the  dismay  of  those 
members  who  still  feared  to  take  this  final  step. 


INDEPENDENCE  PROCLAIMED 


545 


In  North 
Carolina 


C.  RM  X, 

68a,  688 


In  the  congress  he,  with  Franklin,  Morris  and  Lee,  formed  y* 

the  Secret  Committee  of  Foreign  Intercourse  elected  by  the 
suffrages  of  the  members.  No  higher  testimonial  of  implicit 
confidence  was  afforded  to  any  of  his  associates. 

The  declaration  proclaimed 

The  council  had  thought  it  best  to  hold  sessions  at  differ- 
ent points  in  the  province  and  from  Wilmington  it  removed 
to  Dobbs  County,  and  then  proceeded  to  Halifax,  opening 
its  session  there  on  July  2ist.  And  now  came  the  joyful 
news  that  independence  had  been  declared,  and  the  colonies 
were  free  and  independent  states.  The  day  following  its 
meeting,  a  copy  of  the  Declaration  of  Independence  was 
received,  and  the  council  directed  that  it  should  be  read  on 
August  ist  in  the  town  of  Halifax,  and  that  it  should  be 
proclaimed  by  the  committees  of  every  town  and  county  in 
the  most  public  manner. 

When  Thursday,  August  ist,  came,  an  immense  concourse  August  »t 
of  people  assembled  at  Halifax  to  witness  the  ceremony  of  a 
public  proclamation  of  independence.  The  militia  com- 
panies of  the  county  were  all  drawn  up  in  full  array.  At 
midday  Cornelius  Harnett,  the  president  of  the  Council  of 
Safety,  ascended  a  rostrum  erected  in  front  of  the  court- 
house, and  the  enthusiasm  of  the  vast  crowd  was  mani- 
fested with  tremendous  rejoicing.  Harnett,  who  had  ever 
been  among  the  foremost  in  leading  the  way  to  indepen- 
dence, now  "read  the  declaration  to  the  mute  and  impas- 
sioned multitude  with  a  solemnity  of  an  appeal  to  heaven. 
When  he  had  finished  all  the  people  shouted  with  joy,  and 
cannon  after  cannon  .  .  .  proclaimed  the  glorious  tidings 
that  the  thirteen  colonies  were  now  free  and  independent 
states.  The  soldiers  seized  Harnett  and  bore  him  on  their 
shoulders  through  the  streets  of  the  town,  applauding  him  as 
their  champion,  and  swearing  allegiance  to  the  instrument 
he  had  read." 

In  Cumberland  County  the  members  of  the  Committee  of   August 
Safety  had  either  retired  from  the  province  or  had  resigned 
and  refused  to  act.    In  that  county  alone  the  order  to  read 
the  declaration  appears  not  to  have  been  observed,  so  that 
on  August  6th  the  Council  of  Safety  directed  Colonel  Fol- 


ioness 
defence, 
969 


546  INDEPENDENCE,  1776 

*j£  some  or  Colonel  David   Smith  to  call  a  general  meeting 

of  the  inhabitants  of  Cumberland  and  proclaim  the  declara- 

c.  r»  x,  tion  to  the  people  and  to  the  regiment  stationed  at  Cross  Creek. 
Elsewhere  independence  was  proclaimed  with  great  dem- 
onstrations of  joy.  As  North  Carolina  had  been  the  first 
colony  to  propose  it,  the  people  now  hailed  it  with  gladness. 
It  was  the  consummation  of  their  earnest  desire;  and  it 
imparted  to  the  contest  a  new  character.  The  leaders  well 
knew  that  they  had  burned  their  bridges  behind  them ;  and 
the  people,  animated  by  a  great  hope,  and  determined  to  be 
free,  with  unbounded  enthusiasm  threw  the  banner  of  inde- 
pendence to  the  breeze. 

Because  the  province  was  now  declared  a  free  and  inde- 
pendent State,  the  test  prescribed  by  the  congress  in  August, 
1775,  was  changed  by  omitting  the  profession  of  allegiance; 
and  the  oath  to  be  taken  by  witnesses  was  amended  so  as 
to  read,  "Between  the  independent  State  of  North  Carolina 

C.R..X,      an(l  tne  prisoner  to  be  tried."     The  council  also  issued  an 

704  address  to  the  inhabitants,  saying  that  as  the  congress  had 

declared  the  thirteen  united  colonies  free  and  independent 
states,  'it  be  recommended  to  the  good  people  of  this  now 
independent  State  of  North  Carolina  to  pay  the  greatest  at- 
tention to  the  election  ...  of  delegates  to  represent  them 
in  congress,  and  to  have  particularly  in  view  this  important 
consideration. "  Not  only  were  laws  to  be  made,  but  a  con- 
stitution, the  cornerstone  of  all  law,  and  "according  as  it  is 

c.  r.,  x,      weN  or  M  ordered,  it  must  tend  in  the  first  degree  to  pro- 

696  mote  the  happiness  or  misery  of  the  State." 

The  council  had  been  sorely  tried  by  the  disaffection  of 
the  Regulators,  who  continued  to  regard  themselves  as  a 
separate  people  not  allied  with  their  fellow-citizens.  Now 
in  Anson  County  this  defection  took  a  novel  form.  James 
Childs,  a  preacher  of  the  New  Light  Baptist  persuasion, 
clothed  his  disloyalty  in  the  garb  of  religion.     He  declared 

S9"VM  ~.      t^at  jt  was  one  Q£  tjie  tenets  0£  j^g  churcn  not  to  bear  arms, 

either  offensively  or  defensively ;  and  he  preached  this  doc- 
trine in  all  the  churches  of  his  communion,  and  inculcated  it 
by  the  terrors  of  excommunication ;  and  he  refused  to  take 
an  oath  of  allegiance  to  the  State.  Arrested  in  Anson  and 
sent  to  the  council,  he  stood  firmly  by  his  doctrine.    There- 


C.  R.,  X, 


TORIES  SUBMIT  TO  THE  STATE  547 

upon  the  council  resolved  that  he  must  be  considered  as  an  xj£ 

enemy  to  the  State,  and  he  was  sent  to  Edenton  on  his  parole. 

In  view  of  such  religious  teachings,  General  Person  and 
Joseph  John  Williams  were  directed,  each  of  them,  to  agree 
with  a  proper  person  to  go  among  the  inhabitants  of  Anson 
and  other  western  parts  of  the  State  and  instruct  them  "in 
their  duty  to  Almighty  God,  and  explain  to  them  the  justice 
and  necessity  of  the  measures  pursued  by  the  United  States 
as  the  only  means  under  God  of  supporting  and  maintaining 
our  civil  and  religious  liberties."  The  remedy,  however, 
was  not  entirely  efficacious.  In  October  James  Perry,  one 
of  the  same  persuasion,  having  great  influence  among  the 
people,  from  being  a  preacher,  had  likewise  to  be  arrested 
in  the  same  county  and  conveyed  to  Halifax. 

But  while  the  council  was  in  session  at  Salisbury  early  in  ftjj£r  a 
September  a  favorable  change  was  observed,  and  James  g.al£otv 
Hunter  and  Joseph   Dobson  made  their  appearance,  and  793.  rn,  8a6 
asked  the  "privileges  of  free  citizens,"  declaring  that  they 
were  willing  to  take  an  oath  of  allegiance  to  the  State,  and 
the  council  resolved  that  they  should  be  considered  as  "free 
citizens  and  members  of  this  State."    So  also  Booth  Boote, 
who,  with  John  Dunn,  had  been  paroled  to  Salisbury,  having 
taken  the  oath,  was  admitted  to  citizenship;  and  later  Dr. 
John  Pyle  and  other  prominent  malcontents  took  the  oath 
of  allegiance,  among  them  Rev.  George  Micklejohn,  who  had 
been  paroled  to  Perquimans.    Other  action  was  constantly 
taken  in  the  way  of  arresting  and  putting  under  bond  or 
confining  Tories  or  having  them  released  from  durance  on 
their  submission  to  the  state  authorities. 

The  Indians  become  hostile 

Governor  Martin's  plan  for  the  subjugation  of  North 
Carolina  contemplated  aid  from  the  Indians,  and  John  Stuart, 
the  Indian  superintendent,  spent  several  months  in  the 
spring  of  1776  with  the  governor  awaiting  the  arrival  of 
General  Clinton's  troops.  As  yet  he  had  had  no  instructions 
to  employ  the  Indians  on  the  frontier,  but  he  was  keeping 
them  in  readiness  to  act  when  required.  Later  he  departed 
for  Pensacola  to  be  in  close  communication  with  them ;  and 
arrangements  were  in  progress  for  all  the  tribes  from  the 


548 


INDEPENDENCE,  1776 


1776 


The  Indians 
in  arms 


C.  R..  X, 

657  ttseq. 


S.  RM  XI, 
333 


They  cross 

the 

mountains 


C.  R..  X, 

66a,  660 


The  massa- 
cre on  the 
Catawba, 
July  10-11 


Ohio  to  Alabama  to  begin  hostilities  against  the  western 
borders. 

Toward  the  end  of  June  fifteen  Shawnees,  Delawares,  and 
Mingoes  brought  the  war  belt  to  the  Cherokees,  and  it  was 
received  by  the  young  men  against  the  wishes  of  the  older 
chiefs.  Before  measures  had  been  fully  arranged,  bands  of 
Cherokees,  inflamed  by  the  encroachments  of  the  whites  on 
the  Holstein  and  Nolachucky,  and  eager  for  spoils,  began 
their  forays. 

While  the  council  was  still  at  Halifax  this  proposed  in- 
cursion of  the  Indians  became  known.  In  the  first  week  in 
July  the  Cherokees  had  fallen  on  the  inhabitants  in  South 
Carolina,  plundered  houses,  killed  some  settlers  and  carried 
oflf  several  prisoners.  Others  attacked  the  forts  on  the 
Holstein  and  Watauga.  Most  of  the  settlers,  however, 
escaped,  having  been  warned  by  Nancy  Ward,  from  Echota, 
she  being  the  "beloved  woman"  of  that  Indian  capital,  and 
always,  like  her  kinsman,  Attakullakulla  (the  Little  Car- 
penter), friendly  to  the  whites.  Some  twenty  women  and 
children  were  victims  of  the  tomahawk.  Only  Mrs.  Bean, 
perhaps  the  wife  of  William  Bean,  the  first  white  man  to 
erect  a  cabin  in  that  wilderness,  and  a  boy  named  Moore 
were  taken  alive.  The  latter  was  burned  at  the  stake,  and 
Mrs.  Bean  was  also  bound  to  the  stake  ready  for  the  burning 
when  Nancy  Ward  interfered  and  saved  her  life.  Unsuc- 
cessful in  their  assault  on  the  forts,  the  Indian  warriors 
crossed  the  mountains  and  fell  on  the  unsuspecting  families 
on  Crooked  Creek  (near  Rutherfordton),  and,  coming  up 
the  Toe,  invaded  the  frontier  of  Rowan.  The  unheralded 
appearance  of  these  murderous  bands  caused  great  conster- 
nation. On  July  1 2th  Rutherford  wrote  to  the  council  that 
he  had  received  an  express  the  week  before  that  forty 
Indians  were  ravaging  Crooked  Creek,  and  that  appeals  were 
made  to  him  for  relief.  He  pleaded  for  expedition.  Before 
twenty-four  hours  had  elapsed  he  despatched  another  ex- 
press that  the  Indians  were  making  great  progress  in  de- 
stroying and  murdering  in  Rowan.  "Thirty-seven  persons," 
he  said,  "were  killed  last  Wednesday  and  Thursday  on  the 
Catawba,"  and  "I  am  also  informed  that  Colonel  McDowell 
and  ten  men  more  and  one  hundred  and  twenty  women  and 


RUTHERFORD  ATTACKS  THE  CHEROKEES        549 


children  are  besieged  in  some  kind  of  a  fort,  and  the  Indians 
around  them;  no  help  to  them  before  yesterday,  and  they 
were  surrounded  on  Wednesday.  I  expect  the  next  account 
to  hear  is  that  they  are  all  destroyed.  .  .  .  Three  of  our 
captains  are  killed  and  one  wounded.  This  day  I  set  out 
with  what  men  I  can  raise  for  the  relief  of  the  district." 
"Pray,  gentlemen,  consider  our  distress;  send  us  plenty  of 
powder,  and  I  hope  under  God  we  of  Salisbury  district  are 
able  to  stand  them." 

Rutherford  acted  with  that  energy  that  ever  distinguished 
him.  Within  a  week  he  was  on  the  frontier  with  near 
twenty-five  hundred  men,  for  the  western  Carolinians  had 
sprung  to  arms  at  the  first  call,  animated  by  a  consuming 
purpose  to  inflict  heavy  punishment  upon  their  murderous 
foe.  Among  those  with  him  were  Colonel  Adam  Alexander 
and  the  Mecklenburg  regiment,  protecting  the  settlers  on  the 
Catawba.  Leaving  the  main  body  at  Old  Fort,  then  called 
Davidson's,  on  July  29th,  with  a  detachment  of  five  hundred 
men  Rutherford  crossed  the  mountains  and  dislodged  some 
two  hundred  braves,  who  had  established  themselves  on  the 
Nolachucky. 

On  August  13th  the  council  adjourned  to  meet  at  the 
house  of  Mr.  Joel  Lane,  in  Wake  County,  where  it  con- 
vened on  the  2 1  st.  Cornelius  Harnett  being  absent  with 
leave,  Samuel  Ashe  was  unanimously  chosen  president.  A 
petition  was  received  from  the  settlements  on  the  Watauga 
and  Holstein,  called  by  the  inhabitants  there  "the  Washing- 
ton district,"  setting  forth  that  about  six  years  earlier  they 
had  begun  to  locate  in  that  territory,  and  finding  themselves 
outside  of  Virginia,  had  formed  a  court  and  adopted  the 
Virginia  laws,  and  had  enlisted  a  company  of  riflemen  under 
Captain  James  Robertson,  stationing  them  on  the  frontier 
to  guard  against  an  attack  by  the  Indians.  They  asked  that 
they  might  be  annexed  to  North  Carolina,  promising  to  be 
governed  by  the  council  and  to  lack  nothing  in  the  glorious 
cause  of  America.  This  petition  was  signed  by  John  Carter, 
John  Sevier,  William  Bean  and  others  as  a  committee,  and 
to  it  were  attached  more  than  a  hundred  names  of  settlers 
on  the  Watauga  and  Nolachucky,  among  them  being  David 
Crockett.     The  council  directed  that  they  should  hold  an 


1776 


July 


Rutherford 
crosses  the 
mountains 


S.  RM  XI, 

338 


Washington 
district 
annexed 
C.  R.,  X, 
7°»i  708-711 


55° 


INDEPENDENCE,  1776 


1776 


The 

movement 
against  the 
Indians 


Colonel 
Williams 
on  the 
Holstein 


C.  R., 

789 


X, 


Sept.  1st, 
Ruther- 
ford's march 


Biog.  Hist. 
N.  C.,  II, 
3«4 


election  on  October  15th  and  choose  five  delegates  to  repre- 
sent Washington  district  in  the  congress  of  the  State,  to 
meet  at  Halifax  on  November  10th. 

President  Rutledge,  of  South  Carolina,  had  earlier  sug- 
gested a  joint  movement  on  the  part  of  Virginia  and  North  and 
South  Carolina  against  the  Indians.  He  proposed  to  send 
Major  Williamson  with  eleven  hundred  men  against  the  lower 
Cherokees,  and  that  a  force  from  North  Carolina  should 
attack  the  Middle  towns,  and,  joining  Williamson,  should 
proceed  against  Valley  River  and  the  Hiwassee,  while  the 
Virginians  should  come  down  the  Holstein  and  attack  the 
Over-hill  towns.  The  council  agreed  to  this  proposition,  and 
directed  the  militia  from  the  Hillsboro  district  and  from 
Surry  County  to  join  Rutherford,  while  a  regiment  of  three 
hundred  men  under  Colonel  Joe  Williams  was  to  cross  the 
mountains  and  join  Colonel  Christian  and  his  Virginians 
at  Big  Island,  on  the  Holstein.  On  August  23d  General 
Person  was  despatched  to  Rutherford's  camp  with  par- 
ticular directions,  and  on  September  1st  Rutherford,  with  a 
great  cavalcade  of  horses  bearing  his  provisions  and  ammu- 
nition, entered  Swannanoa  Gap  and  pressed  forward.  He 
took  with  him  two  thousand  privates  and  eighty  light  horse, 
with  supplies  for  forty  days  carried  by  fourteen  hundred 
pack  horses.  To  defend  the  frontier  in  his  absence,  he 
ordered  three  captains  with  a  hundred  and  thirty  men  to 
range  in  Tryon,  one  hundred  and  seventy-five  in  Rowan, 
and  a  hundred  in  Surry,  that  then  extended  to  the  Indian 
line  in  the  mountains.  Among  those  accompanying  the 
expedition  were  Colonel  Martin  Armstrong,  Colonel  Adam 
Alexander,  Captain  Benjamin  Cleveland,  William  Lenoir, 
and  William  Gray.  The  Orange  regiment,  under  Colonel 
Joseph  Taylor,  had  reached  his  camp,  but  its  assistance  not 
being  needed,  it  returned  home. 

Rutherford's  course  lay  down  the  Swannanoa  and  French 
Broad  and  up  Hominy  Creek  to  Pigeon  River,  then  to  Rich- 
land Creek,  and  over  the  dividing  ridge  to  the  head  of  Scott's 
Creek,  which  he  followed  to  the  Tuckaseegee.  He  moved 
with  such  rapidity  and  secrecy  that  he  passed  fifty  miles 
into  the  wilderness  without  being  discovered  by  the  Indians. 
The  journey  through  the  mountains  was  an  arduous  and 


RUTHERFORD'S  EXPEDITION 


55i 


difficult  performance.  Without  a  road  and  sometimes  with- 
out even  an  Indian  trail,  he  led  his  army  over  tremendous 
mountains  and  across  rapid  streams,  pursuing  his  way  in 
momentary  danger  of  ambuscade  by  his  wily  foe.  But  so 
sagacious  were  his  movements  that  he  had  penetrated  two- 
thirds  of  the  distance  into  the  forests  without  interruption. 
At  length,  when  only  thirty  miles  from  the  Middle  Settle- 
ments on  the  Tuckaseegee,  he  detached  a  thousand  men  to 
surprise  the  Indians  by  a  forced  march.  Soon,  however,  in 
their  quiet  but  rapid  journey,  they  came  upon  some  thirty 
of  the  savages,  who  disputed  their  progress,  and  sent  in- 
formation to  the  settlement,  which  thus  was  evacuated  when 
Rutherford  reached  it.  Immediately  he  began  the  work  of 
destruction,  and  speedily  devastated  the  fields  and  burned 
every  house.  Then,  with  a  detachment  of  nine  hundred 
men  and  ten  days'  provisions,  he  hurried  along  the  Little 
Tennessee  and  moved  on  towards  Valley  River  and  the 
Hiwassee. 

Williamson  was  to  have  met  him  at  Cowee,  but  after 
devastating  the  Indian  towns  at  the  foothills,  the  South 
Carolinians  were  detained,  and  Rutherford  proceeded  alone. 
Missing  the  usual  trail  through  Waya  Gap,  he  crossed 
the  Nantahala  at  an  unaccustomed  place.  Five  hundred 
braves  lay  in  ambush  at  Waya,  hoping  to  destroy  his  force 
as  twenty  years  before  they  had  Montgomery's.  While  they 
awaited  his  coming,  Rutherford,  pressing  on,  reached  the 
head  waters  of  Valley  River.  Every  town  on  that  stream 
was  destroyed  in  turn,  and  it  was  as  if  a  besom  of  destruc- 
tion had  swept  over  those  settlements,  so  sudden  and  rapid 
were  his  movements.  He  had  the  good  fortune  to  avoid 
a  pitched  battle,  killed  but  twelve  Indians,  and  captured 
nine.  He  also  took  seven  white  men,  with  whom  he  got 
four  negroes,  much  leather,  about  a  hundredweight  of  gun- 
powder and  a  ton  of  lead,  which  they  were  conveying  to 
Mobile.    His  own  loss  was  but  three  men. 

While  in  the  midst  of  this  devastation  they  encamped,  on 
Sunday,  September  15th,  at  Nuckesseytown  (doubtless 
Tuckaseegee),  and  there,  after  a  sermon  by  Rev.  Mr.  James 
Hall,  they  buried  one  of  Captain  Irwin's  men  with  due 
solemnity.     A   fortnight  after  Rutherford   had  begun   his 


1776 

September 


C.  R..X, 

860 


Indian 

settlements 

destroyed 


C.  R.,  X, 

71a,  861 


Hunter's 

Western 

North 

Carolina, 

198 


552  INDEPENDENCE,  1776 

*2£  march  the  Council  of  Safety,  which  had  adjourned  to  Salis- 

bury to  be  in  proximity  to  the  scene  of  operations,  despatched 
Colonel  Waightstill  Avery,  with  an  escort,  with  directions 
to  the  general  to  send,  if  possible,  a  detachment  to  aid 
Colonel  Christian  against  the  Over-hill  towns,  and  on  his 
return  to  cut  a  road  through  the  mountains  for  future  use. 
A  juncture  was  made  by  Colonel  Williamson  on  Septem- 
ber 26th  on  the  Hiwassee ;  but  then  Rutherford's  work  had 
been  thoroughly  done,  and  the  Valley  Settlement  had  been 

c.  r.,x,  obliterated.  It  was  deemed  impracticable  to  cross  the 
Smokies  and  assist  Colonel  Christian,  and  they  turned  their 
faces  homeward.  The  Indians,  driven  from  their  valleys, 
homeless  refugees  without  food  or  raiment,  sought  the  dark 
recesses  of  the  Nantahala,  some  fleeing  to  the  Over  hills,  but 
the  greater  number  finding  a  temporary  home  with  the 
Creeks  on  the  Coosawatchee  River.  Others  made  their 
painful  way  to  their  British  allies  in  Florida,  where  five 
hundred  of  them  were  received  and  supplied  with  food  dur- 
ing that  winter.  Rutherford  on  his  return  marked  his  road 
through  the  mountains,  which  has  since  been  known  as 
Rutherford's  Trace.  Within  a  month  from  his  departure  he 
returned  to  Old  Fort,  reaching  Salisbury  early  in  October. 

The  Surry  regiment 

Beyond  the  mountains  the  Surry  regiment,  under  Colonel 
Joseph  Williams,  Colonel  Love  and  Major  Winston,  having 
joined  Colonel  Christian,  moved  cautiously  along  the  great 
Indian  warpath  until  the  Little  Tennessee  was  reached, 
c.  r .,  x,  where  town  after  town  was  destroyed.  So  swift  had  been 
83»,844,8v2,  tjie  actjon  that  the  Indians,  unable  to  resist,  soon  sought 
terms  of  peace.  Some  of  tfie  Indian  head  men  came  into 
camp,  agreed  to  surrender  all  prisoners  and  to  cede  to  the 
whites  all  the  territory  occupied  in  the  Tennessee  settle- 
ments. On  their  solemn  promise  that  such  a  treaty  should 
be  made,  Christian  agreed  to  suspend  hostilities.  An  excep- 
tion was  made,  however,  as  to  two  towns  which  had  been 
concerned  in  burning  the  Moore  boy,  but  the  peace  town 
of  Echota  was  not  disturbed.  Colonel  Williams  was  not 
pleased    with    Colonel    Christian's    action,    attributing    his 


MOORE'S  EXPEDITION  553 

leniency  to  the  Cherokees  to  a  settled  policy  on  the  part  XJ* 

of  Virginia  to  absorb  their  trade;  and  he  recommended  to 

the  council  that  as  the  frontiers  of  North  Carolina  were 

inhabited  far  beyond  the  colony  line,  commissioners  should 

be  appointed  to  run  the  line  farther  west.    By  treaties  soon   The  Indian 

afterward  made  the  lower  Cherokees  surrendered  all  their   ce$sion 

territory  in  South  Carolina  except  a  narrow  strip,  and  the 

middle  and  upper  Cherokees  ceded  all  their  possessions  east 

of  the  Blue  Ridge,  together  with  the  disputed  territory  on 

the  Nolachucky,  Watauga,  and  New  rivers. 

After  reaching  Old  Fort,  General  Rutherford,  to  destroy  Moore*, 
some  towns  not  on  his  route,  and  perhaps  to  aid  Colonel   cTr^xT 
Christian,   directed   Captain   William    Moore   and   Captain  895*898 
Harden,  with  the  light  horse  of  Tryon  County,  a  hundred 
in   number,   to   return    to   the    Indian   country.     Leaving 
Cathey's  fort  on  October  29th,  they  penetrated  to  the  towns 
on  Cowee  Mountain.     A  detachment,  pursuing  the  fleeing 
Indians  to  Soco  Creek,  "crossed  prodigious  mountains,  which 
were  almost  impassable,  experiencing  there  a  severe  shock 
of  an  earthquake,  reached  Richland  Creek  Mountains,  and 
then  returned  to  Pigeon  River." 

The  Tories  active 

Tory  emissaries  during  the  summer,  and  especially  in  c.  r.,x, 
August,  were  active,  and  seem  to  have  expected  that  they 
would  be  joined  by  a  great  number  of  Indian  allies.  Ruther- 
ford could  not  take  the  second  battalion  from  Rowan,  "the 
current  of  Tories  running  strong  in  Guilford  and  Anson" ; 
and  Colonel  Folsome  wrote:  "It  is  most  certain  they  wish 
for  nothing  more  .  .  .  than  an  opportunity  of  making  a 
head,  .  .  .  numbers  would  fly  to  join  the  Indians,  as  it  is 
their  professed  declaration" ;  while  in  Bladen,  there  were  a 
number  of  deserters  from  the  regular  troops,  Tories  and 
other  disaffected  persons  collected,  whose  action  was  so 
threatening  that  General  Ashe  despatched  two  companies 
under  Colonel  Brown  to  disperse  them.  Before  Brown 
reached  their  settlement  they  killed  Captain  Nathaniel  Rich- 
ardson and  committed  other  outrages,  and  then  many  of 
them  fled  into  South  Carolina. 


7«5*  73».  744 


554  INDEPENDENCE,  1776 

1776  Salt  making  on  the  coast . 

c.  r.,  x,  Salt  being  such  an  indispensable  necessity,  unusual  efforts 

£*£J;7|*  were  made  to  obtain  a  supply  for  the  public,  and  Robert 
Williams  was  employed  to  set  up  salt  works  at  Beaufort, 
where  pans  for  that  purpose  were  erected.  Conferences 
were  held  with  Dr.  Franklin  at  Philadelphia  as  to  the  best 
process  of  manufacture,  and  salt  pans  were  ordered  from 
that  city.  All  along  the  coast  the  inhabitants  began  with 
their  pots  and  kettles  to  make  a  supply.  Early  in  October 
Sam  Ashe  wrote  from  the  Cape  Fear :  "Te  Deutn  Laudamus 
we  here  at  present  joyfully  chant  forth.  The  vessels  of 
war  .  .  .  took  their  departure  a  few  days  since,  first  burning 
two  of  their  tenders.  We  have  now  an  open  port.  .  .  . 
The  humor  of  salt  boiling  seems  to  be  taking  place  here.  I 
have  seen  some  boiled  .  .  .  the  cleanest  and  whitest  of  any 
...  I  ever  saw  in  my  life;  every  old  wife  is  now  scouring 
her  pint  pot  for  the  necessary  operation.  God  send  them 
good  luck."  The  council  gave  directions  for  supplying  the 
people.  The  quantity  being  limited,  it  was  doled  out.  Con- 
ner Dowd  was  to  sell  salt  in  his  possession  "to  the  Whigs 
who  bore  arms  on  the  late  expedition  against  the  Tories  at 
Moore's  Creek  at  ten  shillings  per  bushel,  not  selling  more 
than  a  half  bushel  to  each  man." 

The  British  abandon  Cape  Fear 

During  the  summer  General   Moore  remained   at   Wil- 
mington.    There   still   lingered   several    British   vessels   in 
the  lower  harbor,  while  a  detachment  of  their  troops  was  in 
c.  r.,  x,      possession  of  Baldhead.    Toward  the  last  of  August  Moore 
7  7,  24,  40  ^k  faree  hundred  men  and  departed  on  a  secret  expedi- 
tion, no  one  having  the  slightest  conjecture  what  was  his 
purpose,  unless  to  attack  the  enemy  on  that  island.     The 
result  of  the  expedition  is  not  recorded ;  but  a  month  later 
the  vessels  departed,  burning  their  tenders  and  the  British 
sloop  Cruiser,  which  had  been  on  that  station  for  several 
years,  was  the  refuge  of  Governor  Martin  when  driven  from 
Fort  Johnston,  and  now  was  probably  so  unseaworthy  that 
she   could  not  be   removed.     The  ship  Jenny,  where  the 
Tories  seeking  protection  had  found  a  resting  place,  also 
regto?cntist     sailed  for  New  York;  and  as  these  Loyalists  had  been  or- 


LOCATION  OF  THE  TROOPS  555 

ganized  into  companies  with  officers  by  Governor  Martin,  ^ 

on  their  reaching  New  York  they  were  assigned  to  a  Loyalist 
regiment  then  formed  at  the  north. 

Toward  the  end  of  September  the  council  again  convened   £.  RM  x., 
at  Halifax,  and  in  the  absence  of  the  president,  Samuel 
Ashe,  Willie  Jones  was  chosen  to  preside. 


A  winter  campaign  threatened 

The  Continental  Congress  having  directed  that  two  of  the 
continental  regiments  should  be  conducted  by  General  Moore 
to  join  General  Washington,  subsequently,  in  view  of  a 
probable  winter  campaign  at  the  south,  left  it  in  the  dis- 
cretion of  the  Council  of  Safety  to  retain  them  in  the  State. 
The  council  thought  it  best  that  they  should  not  go  north  at 
that  time,  and  the  order  was  countermanded. 

It  being  believed  that  a  southern  campaign  was  in  con- 
templation by  the  British  commander,  preparations  were 
made  to  meet  it.  It  was  considered  that  the  invasion  would 
be  either  in  Virginia  or  South  Carolina,  and  North  Carolina 
would  protect  herself  by  aiding  in  the  defence.  General  J^*-* 
Moore  had  with  him  in  North  Carolina  five  continental  regi- 
ments, except  about  one  hundred  and  fifty  of  the  First  and 
Second,  these  companies  and  the  Third  Regiment  being  with 
General  Howe  in  Georgia.  They  were  distributed  at  differ- 
ent points  in  the  eastern  part  of  the  State,  while  a  small 
detachment  of  the  Third  was  at  Salisbury  with  Colonel 
Martin. 


858 


CHAPTER  XXXII 
The  Constitution  of  1776 

Making  the  constitution. — Divergencies. — The  conservatives. — The 
results  of  the  election. — Johnston  burned  in  effigy. — The  congress 
meets. — The  committee  moves  slowly. — Proceedings  in  the  conven- 
tion.— Citizenship  established. — The  principles  of  government. — 
Sovereignty  of  the  people. — The  Orange  instructions. — Those  of 
Mecklenburg. — Hooper  urges  the  Delaware  plan. — In  the  committee 
room. — The  draught  reported. — The  bill  of  rights. — The  religious 
test. — Thoroughly  considered. — The  Virginia  constitution. — A  rep- 
resentative republic. — Public  schools. — The  religious  test  adopted. 
— The  instrument  conservative. — A  new  administration  installed. 

,7?6  Hardly  had  the  Indians  been  subdued  before  the  sombre 

fifckinRthe  shadow  of  a  British  invasion  cast  itself  over  the  seaboard 
constitution  Qf  tne  southern  states,  and  toward  the  end  of  the  year,  as  at 
its  opening,  the  people  of  North  Carolina  looked  to  the  future 
with  painful  forebodings  of  grave  perils  and  devastation. 
In  the  midst  of  these  disquieting  anticipations  they  were 
now  to  ordain  a  constitution  and  government  for  the  inde- 
pendent State  and  start  out  the  new  commonwealth  on  its 
voyage  through  unknown  and  uncertain  seas.  Happy,  would 
it  be  for  themselves  and  for  posterity  were  the  foundations 
of  the  political  edifice  well  and  strongly  laid ;  deplorable  in- 
deed if  tyranny  and  despotism  should  find  a  crevice  through 
which  they  might  enter. 

Divergencies 

The  first  effort  to  frame  a  constitution  made  apparent  in 
the  summer  pronounced  divergencies  among  the  public  men. 
Johnston,  Hewes,  Hooper,  Thomas  Jones,  Iredell,  Allen 
Jones  and  probably  Nash,  Caswell  and  possibly  Harnett  and 
Sam  Ashe  might  be  ranked  as  conservatives,  with  varying 
shades  of  difference  between  them.  Willie  Jones,  Person, 
Burke,  Penn,  Avery,  the  Alexanders,  John  Ashe,  Polk,  and 
Dr.  Caldwell  might  be  classed  as  advocates  of  a  pure  democ- 
racy.   But  there  is  so  little  on  which  to  hazard  a  conjecture, 


THE  PARTIES 


557 


The  Con- 
servatives 


except  uncertain  tradition,  that  one  hesitates  to  assign  many  XJ* 

of  those  mentioned  to  either  side.  All  realized  that  they  October 
were  severed  forever  from  the  past  and  were  to  establish 
a  government  for  themselves  and  posterity  on  a  republican 
basis.  The  Conservatives,  Johnston  and  others,  believed  that 
the  general  features  of  the  British  system,  with  which  they 
were  familiar,  offered  the  best  government,  freer  from  pos- 
sible evils  than  any  other  known  to  history.  They  preferred 
a  stable  and  independent  judiciary,  controlled  only  by  the 
principles  of  law  established  by  the  decisions  of  the  courts ; 
justices  of  the  peace  and  court  officers  also  to  have  a  stable 
tenure;  the  great  officers  to  be  appointed  by  the  Assembly 
rather  than  by  popular  election,  and  the  Assembly  itself  kept 
within  bounds  by  annual  elections. 

The  other  extreme  view  looked  to  uprooting  every  vestige  The 
of  the  old  government  and  the  establishment  of  a  pure  Rad'cal* 
democracy,  with  annual  election  of  judges,  clerks,  and  jus- 
tices of  the  peace  by  the  freemen  of  the  commonwealth. 
Between  these  two  extremes  there  were  many  shades  of 
opinion.  In  view  of  the  necessity  of  framing  a  constitution, 
on  August  9th  the  council  had  prepared  an  address  to  the 
people,  recommending  that  each  county  should  choose  five 
delegates  particularly  suited  to  represent  them  in  this  great 
work.  Davis,  the  printer,  was  dilatory  in  printing  this 
address  for  distribution,  and  Harnett  expressed  himself  as 
anxiously  awaiting  the  copies.  "The  advice  of  the  council  to  c.r.,x,787 
the  inhabitants  has  not  yet  got  abroad,"  he  said.  "Davis 
ought  to  be  hurried."  Evidently  he  had  the  matter  much 
at  heart. 

The  election  was  held  on  October  15th.  While  there  does 
not  appear  to  have  been  any  attempt  at  the  organization  of 
parties,  yet  here  and  there  throughout  the  province  oppo- 
sition was  manifested  to  the  election  of  particular  persons. 
At  New  Bern,  Tisdale  unsuccessfully  opposed  Abner  Nash. 
Hewes  was  returned  from  Edenton  as  usual ;  Penn  was  not 
elected  from  Granville,  strange  to  say;  while  Hooper  was  c.r.,x,o»4 
returned  from  Perquimans,  as  well  as  from  Wilmington. 
Hewes  and  Hooper  stood  on  the  same  line  as  Johnston  and 
Iredell,  while  Penn  was  an  ultra-democrat,  in  line  with 
Thomas  Person.     Harnett  was  so  desirous  of  the  election 


C.R.,X,6o6 


558  THE  CONSTITUTION  OF  1776 

XJ!J  of  Hooper  that  he  himself  stood  in  Brunswick  County,  sur- 

o«ob€r  rendering  his  hold  on  the  borough  of  Wilmington  that 
Hooper  might  be  assured  of  a  seat  in  the  congress.  Samuel 
Spencer,  a  strong  democrat,  was  not  returned  from  Anson. 
Mecklenburg  added  to  her  delegation  Waightstill  Avery,  and 
Guilford,  David  Caldwell.  There  was  considerable  change 
in  the  personnel  of  the  deputies,  but  except  the  changes 
above  mentioned  there  was  only  one  other  notable  leader 
not  returned — Samuel  Johnston.  Allen  Jones,  John  John- 
ston, and  Thomas  Jones  and  all  the  other  conservatives  were 
elected.  For  some  reason  a  great  effort  was  made  to  defeat 
Johnston,  who  had  always  been  unanimously  chosen  to  pre- 
side over  the  previous  congresses,  was  in  strong  sympathy 
with  the  Continental  Congress,  and  an  ardent  promoter  of 
every  measure  tending  to  sustain  independence ;  no  man  was 
McWs  more  fixed  than  he  in  his  American  principles.  No  means 
334  '  '  were  spared  to  poison  the  minds  of  the  people  against  him 
personally;  "to  inflame  their  prejudices,  excite  alarm,  and 
sow  in  them  by  indefinite  charges  and  vague  whispers  the 
seeds  of  distrust."  There  was  a  hot  and  spirited  canvass, 
resulting  in  Johnston's  defeat;  and  the  triumph  was  cele- 
brated with  riot  and  debauchery,  the  orgies  being  con- 
c.R.,xl9i4  eluded  by  burning  Johnston  in  effigy.  While  Hewes  was 
elected  from  the  borough,  and  Thomas  Benbury  and  Thomas 
Jones  were  returned  from  the  county,  James  Blount,  Luke 
Sumner,  and  Jacob  Hunter  replaced  Sam  Johnston,  John  B. 
Beasly,  and  Thomas  Hunter.  Apparently  James  Blount  was 
the  opponent  of  Johnston,  and  succeeded  in  displacing  him. 
The  election  and  its  result  in  Chowan  led  to  the  character- 
ization of  Johnston's  opponents  by  Mr.  Iredell  as  "rioters," 
to  whom  he  ascribed  such  principles  as  these:  "I  despise 
every  man  who  differs  from  me.  I  am  sure  he  must  be 
McRee's  a  Tory.  I  think  a  man  more  liable  to  be  a  Tory  who  has 
iredeiu  i,  hitherto  been  most  earnest  in  the  cause."  "I  impute  to  gen- 
tlemen all  our  present  difficulties."  "I  am  a  sworn  enemy 
to  all  gentlemen."  "I  believe  it  honorable  and  proper  to  per- 
secute poor  distressed  individuals  when  we  have  them  in  our 
power,  provided  we  want  courage  to  prove  in  any  other 
manner  the  alacrity  of  our  zeal  against  those  we  suppose 
enemies  of  our  country."     This  "creed  of  a  rioter"  would 


9>3 


PERSONNEL  OF  THE  CONGRESS  559 

indicate  that  the  principal  charges  against  Johnston  were  lJjt 

personal,  based  on  his  wealth  and  lofty  bearing  and  on  some  November 
kindness  to  distressed  persons,  perhaps  Tories,  which  was 
imputed  to  him  as  Toryism.  There  is  found  in  it  no  trace  of 
disagreement  between  him  and  his  countrymen  on  the  funda- 
mental principles  of  government.  The  strenuous  opposition 
to  him  has  been  attributed  to  Willie  Jones  and  his  friends,  it 
being  suggested  that  they  desired  to  remove  Johnston  from 
his  dominant  position  in  public  affairs,  the  more  readily  to 
secure  the  adoption  of  an  ultra-democratic  form  of  govern- 
ment, which  he  opposed ;  if  so,  his  defeat  was  without  avail. 

The  congress  meets 

The  congress  met  on  November  12th,  at  Halifax,  and  J^R.  x, 
Allen  Jones  proposed  Richard  Caswell  for  president,  who 
was  accordingly  unanimously  chosen.  Theretofore  all  votes 
in  the  several  congresses,  as  also  in  the  council,  had  been 
by  counties  and  towns ;  now  it  was  determined,  against  the 
vote  of  the  Albemarle  section  and  the  towns  of  Brunswick 
and  New  Bern  alone,  that  all  questions  should  be  determined 
by  the  voice  of  the  several  members.  A  majority  of  the 
members  were  to  govern,  not  a  majority  of  the  counties. 
At  once  the  congress  appointed  a  committee  composed  of 
the  president,  Thomas  Person,  Allen  Jones,  John  Ashe, 
Abner  Nash,  Willie  Jones,  Thomas  Jones,  Simon  Bright, 
Christopher  Neale,  Samuel  Ashe,  William  Haywood,  Griffith 
Rutherford,  Henry  Abbott,  Luke  Sumner,  Thomas  Respis, 
Archibald  Maclaine,  James  Hogun,  and  Hezekiah  Alex- 
ander to  frame  a  constitution.  In  the  formation  of  this 
committee  the  eastern  members  largely  predominated,  there 
being  from  the  west  only  one  member  each  from  Granville, 
Rowan,  and  Mecklenburg,  while  Dobbs,  Craven,  Chowan, 
and  New  Hanover  each  had  two  members.  Subsequently, 
however,  as  other  members  came  in,  there  were  added  to 
that  committee  Waightstill  Avery,  Whitmel  Hill,  Thomas 
Eaton,  John  Birdsong,  Robert  Irwin,  Joseph  Hewes,  Cor- 
nelius Harnett,  William  Sharpe,  and  John  Spicer,  four  of 
whom  were  from  the  west.  It  would  seem  that  where  one 
conservative  was  appointed  on  the  committee  he  was  im- 
mediately followed  by  a  democrat,  the  committee  being  about 


S6o 


THE  CONSTITUTION  OF  1776 


1776 


Proceeding! 
in  the 
congress 
C.  R.,  X, 
903 


Additional 
battalions 


Criminal 
courts 


Bayard 

vs. 
Singleton, 
1  North 
Carolina 
Reports 


evenly  divided,  and  doubtless  well  representing  the  senti- 
ments of  the  congress.  It  at  once  began  its  work,  but  weeks 
were  to  elapse  before  it  completed  its  plan  of  government. 

An  attack  on  South  Carolina  being  feared,  for  a  large 
fleet  bearing  a  considerable  number  of  troops  had  sailed  from 
New  York  supposed  to  be  destined  for  Charleston,  the 
congress  ordered  General  Moore  to  march  with  the  con- 
tinentals for  the  relief  of  that  city,  and  a  committee  was 
raised  to  consider  the  most  speedy  method  of  embodying 
five  thousand  militia  to  aid  in  defence.  Three  additional 
regiments  of  continentals  were  also  provided  for,  to  be  com- 
manded respectively  by  James  Hogun,  James  Armstrong, 
and  John  Williams.  Hooper  and  Hewes  were  re-elected 
delegates  to  the  Continental  Congress,  but  Penn  now  gave 
place  to  Dr.  Burke,  of  Orange  County.  It  is  to  be  observed, 
however,  that  although  Penn  was  not  chosen  a  member  by 
his  county,  nor  retained  in  the  Continental  Congress,  he  was 
appointed  one  of  the  committee  "to  revise  and  consider  all 
such  statutes  and  acts  of  assembly  as  are  in  force  in  North 
Carolina,  and  to  prepare  bills  to  be  passed  into  laws  con- 
sistent with  the  new  form  of  government."  He  was  not 
entirely  ignored.  And  Sam  Johnston  was  named  second 
on  this  very  important  committee,  the  first  being  Thomas 
Jones.  A  seal  of  State  being  necessary,  the  congress  di- 
rected Hooper,  Hewes,  and  Burke  to  procure  one;  and  in 
the  meantime  the  private  seal  of  the  governor  was  to  be 
affixed  to  all  grants  and  other  public  acts  of  the  State. 

To  enforce  the  criminal  laws,  temporary  courts  of  oyer 
and  terminer  were  established  to  be  held  in  the  several  dis- 
tricts of  the  State,  two  persons  learned  in  law  in  each 
district  being  appointed  by  the  governor  to  hold  them.  It 
was  enacted  that  all  of  the  former  statutes  and  such  parts 
of  the  common  law  as  were  not  inconsistent  with  the  free- 
dom and  independence  of  the  State  should  continue  in  force 
until  the  next  Assembly. 

The  royal  government  being  subverted  and  a  new  State 
erected  on  its  ruins,  the  people  felt  as  if  "they  had  been 
marooned  on  some  desert  island,"  without  a  constitution, 
government  or  laws,  and  the  congress  addressed  itself  to 
organizing  civil  affairs.    All  glebes  and  lands  formerly  held 


ACTION  OF  THE  CONGRESS  561 

by   any    religious    society    were   declared   vested   in    their  lj£ 

owners ;  and  the  congress  ordained  that  all  regular  ministers 
of  every  denomination  should  have  power  to  celebrate  ^  *.. 
matrimony  according  to  the  rites  and  ceremonies  of  their  996*097 
respective  churches,  they,  however,  observing  the  rules  and 
restrictions  provided  by  law.  It  was  particularly  necessary  SuSSIhiS 
to  establish  citizenship.  The  congress  directed  the  governor 
to  offer  free  pardon  and  protection  to  all  persons  who  should 
within  ninety  days  take  the  oath  of  allegiance  to  the  State, 
and  those  who  refused  to  take  the  oaths  were  declared  in- 
capable of  bringing  any  suit,  or  purchasing  any  lands,  or 
transferring  their  lands,  which  were  declared  forfeited  to 
the  State.  All  persons  residing  within  the  limits  of  the  State 
were  held  to  owe  allegiance ;  and  it  was  declared  that  any  one 
who  should  thereafter  levy  war  against  the  State  or  adhere 
to  its  enemies  or  give  them  aid  and  assistance  or  intelli- 
gence shall  be  adjudged  guilty  of  high  treason  and  suffer 
death,  and  forfeit  his  property ;  but  on  conviction  the  judge 
might  make  provision  out  of  the  forfeited  estate  for  the 
wife  or  children  of  the  criminal;  and  it  was  declared  that 
any  person  owing  allegiance  to  the  State  who  should  deny 
the  supreme  authority  of  the  people,  or  assert  that  those  who 
had  taken  up  arms  were  rebels,  or  deny  the  lawfulness  of 
defending  the  State,  or  do  any  act  tending  to  propagate  and 
spread  sedition,  should  be  adjudged  guilty  of  a  misde- 
meanor. 

The  principles  of  government 

The  matter  of  ordaining  a  new  government  had  received 
thoughtful  attention.*  In  every  colony  much  consideration 
had  been  bestowed  on  fundamental  principles.  The  people 
were  embarking  on  unknown  seas,  and  the  principles  of  gov- 
ernment were  much  discussed.  Articles  on  the  subject  were 
widely  circulated.  It  seems  to  have  been  generally  consid- 
ered that  the  legislative  power  ought  to  be  vested  in  two 

♦Apparently  after  the  failure  to  agree  on  a  constitution  at  the   s.  R.,  XI, 
previous  session  some  one  wrote  to  John  Adams  for  an  expression   321 
of  his  views,  and  his  reply  is  preserved  in  Governor  Caswell's  letter- 
book.    Governor  Swain  said  it  was  addressed  to  Burke.    We  should 
think  that  it  was  addressed  to  Caswell.     The  constitution  contains 
some  of  the  principles  he  advocated.     (N.  C.  Uni.  Mag.,  1856,  232.) 


562  THE  CONSTITUTION  OF  1776 

XJJ?  bodies,  not  one,  as  in  Pennsylvania ;  while  there  was  differ- 

ence of  opinion  as  to  whether  the  executive  should  have  any 
legislative  function.  Other  points  of  difference  were  as  to 
the  election  of  the  chief  executive  and  other  great  officers, 
whether  by  the  people  themselves  or  by  the  Assembly ;  and 
particularly  as  to  the  election  and  term  of  office  of  the 
judges;  also  as  to  the  qualification  of  the  electors.  In  some 
of  the  colonies  all  freemen  could  vote;  in  North  Carolina 
only  freeholders  had  enjoyed  that  right. 

Sovereignty  of  the  people 
c.  r.,  x.  The  fundamental  principle  of  the  sovereignty  of  the  people 

was  universally  accepted.  It  was  held  that  political  power 
is  of  two  kinds — one  the  principal  and  supreme,  the  other 
the  derived  and  inferior;  the  first  possessed  only  by  the 
people,  the  other  by  their  servants ;  that  what  is  ordained  by 
the  people  cannot  be  altered  but  by  them ;  that  the  legislature 
must  observe  the  limitations  and  restrictions  imposed  by  the 
supreme  power;  and  that  the  executive,  legislative,  and 
judicial  powers  are  distinct  and  independent.  These  prin- 
ciples were  embraced  in  a  set  of  maxims,  which  doubtless 
were  extensively  disseminated  throughout  all  the  colonies. 
They  were  embraced  in  the  instructions  given  by  the  people 
of  Mecklenburg  and  of  Orange  for  the  guidance  of  their 
delegates  in  the  congress ;  and,  indeed,  the  exact  agreement 
of  the  seven  principles  first  declared  in  these  instructions 
indicates  that  they  had  a  common  source. 

The  Orange  instructions 

c. r, x.  Among  the  Orange  instructions  was  one  to  the  effect 

t7<fc87o*,      t^at  ajj  0fficers  shouid  give  an  assurance  that  they  "do  not 

acknowledge  supremacy,  ecclesiastical  or  civil,  in  any  for- 
eign power,  or  spiritual  infallibility,  or  authority  to  grant  the 
divine  pardon."  This  was  in  the  handwriting  of  Dr.  Burke, 
himself  a  Roman  Catholic.  Similarly,  Mecklenburg  in- 
structed that  no  atheist  nor  any  one  who  denied  any  of  the 
Persons  of  the  Holy  Trinity,  or  the  divine  authority  of  the 
Old  and  New  Testament,  or  who  should  be  of  the  Roman 
Catholic  religion,  should  hold  any  office  in  the  State. 
Orange  County  provided  for  two  branches  of  the  Assembly, 


HOOPER'S  VIEWS  563 

one  to  be  elected  by  the  freeholders  and  householders  and  y* 

the  other  by  freeholders  only;  while  Mecklenburg,  whose  JJjJj^iJj; 
instructions  were  in  the  handwriting  of  Avery,  required  that  *«"»«»<>»« 
both  branches  of  the  legislature  should  be  elected  by  "the 
good  people  of  the  State";  and  further,  that  "all  judges 
should  be  appointed  by  the  General  Assembly,  and  that  their 
term  of  office  should  be  for  one  year  only."  Mecklenburg 
also  directed  that  there  should  be  a  land  tax,  and  that  all 
should  be  taxed  according  to  their  estates ;  and  that  a  college 
should  be  handsomely  endowed  in  that  county. 

Both  Hewes  and  Penn  returned  to  North  Carolina  at  that 
time,  and  Hooper,  feeling  constrained  to  remain  in  atten- 
dance on  the  Continental  Congress,  wrote  his  views  for  the 
consideration  of  the  congress.  "Let  us  consider,"  said  he,  ^fj&s^ 
"the  people  at  large  as  a  source  from  which  all  power  is  to  be 
derived.  .  .  .  Rulers  must  be  conceived  as  the  creatures  of 
the  people.  ...  A  single  branch  of  legislation  is  a  many- 
headed  monster,  .  .  .  and  its  members  become  a  tyranny, 
dreadful  in  proportion  to  the  numbers  which  compose  it. 
...  I  am  now  convinced  that  a  third  branch  of  legislation 
is  at  least  unnecessary.  But  for  the  sake  of  execution  we 
must  have  a  magistrate  solely  executive."  He  urged  that 
the  constitution  of  Delaware,  which  had  been  promulgated 
in  September,  had  great  merit:  "I  admire,"  said  he,  "no 
part  of  the  Delaware  plan  more  than  the  appointing  judges 
during  good  behavior.  Limit  their  political  existence,  and 
make  them  dependent  upon  the  suffrages  of  the  people,  that 
instant  we  corrupt  the  channels  of  public  justice.  Rhode 
Island  furnishes  an  example  too  dreadful  to  imitate."  Be- 
sides the  Delaware  plan,  the  congress  had  also  the  new  con- 
stitutions of  Virginia,  South  Carolina,  and  New  Jersey  for 
reference.  The  committee  doubtless  availed  themselves  of 
every  aid  in  performing  their  important  duty;  but  the  pre- 
vailing ideas  were,  not  unnaturally,  similar  to  those  that 
found  expression  in  the  bill  of  rights*  and  constitution  of 
the  adjoining  State  of  Virginia. 

*The  Bill  of  Rights  of  Virginia  was  written  entirely  by  Thomas 
Jefferson,  while  the  body  of  the  constitution  was  prepared  by  George 
Mason.     (Wirt's  Life  of  Patrick  Henry,  215.) 


564 


THE  CONSTITUTION  OF  1776 


1776 

S  R 
XVIII,  139 


The  f  tamers 
of  the 
constitution 


Debates  in 
convention 
in  1835, 
43.  3»8 


S.  R.,  XI. 
Stfrl,  31 


Although  some  members  exercised  more  influence  than 
others,  it  would  seem  that  the  work  of  the  committee  was 
the  joint  product  of  the  intelligence  of  all  of  the  members. 
In  1787  Judge  Ashe  said  to  the  legislature:  "If  my  opinion 
of  our  constitution  is  an  error,  I  fear  it  is  an  incurable  one, 
for  I  had  the  honor  to  assist  in  the  forming  it,  and  confess  I 
so  designed  it,  and  I  believe  every  other  gentleman  con- 
cerned did  also";  from  which  it  would  be  inferred  that  the 
constitution  was  the  joint  product  of  the  members  who 
"designed  it." 

Although  Thomas  Jones  was  the  chairman,  the  president 
of  the  convention,  Caswell,  was  perhaps  the  most  influential 
member.  Of  him  the  venerable  Nathaniel  Macon  said :  "He 
was  certainly  one  of  the  most  powerful  men  that  ever  lived 
in  this  or  any  other  country" ;  and  Judge  Toomer  said : 
"Such  was  his  influence  in  the  convention  that  tradition  says 
he  dictated  the  principles,  if  not  the  terms,  of  the  instru- 
ment." On  that  committee  were  also  Harnett,  Thomas  Jones, 
Willie  and  Allen  Jones,  Maclaine,  Avery,  John  and  Sam 
Ashe,  Thomas  Person  and  Abner  Nash. 

These  and  others  as  well,  members  of  the  committee,  were 
men  of  decided  convictions  and  were  not  overshadowed  by 
any  of  their  associates.  Still  Caswell,  being  president  of  the 
convention,  probably  exerted  a  strong  influence  not  only  in 
the  committee,  but  in  the  congress,  and  as  he  had  apparently 
sought  the  views  of  John  Adams  and  preserved  Adams's 
letter  in  his  executive  letter-book,  it  is  an  inference  that  he 
agreed  with  the  sentiments  of  the  New  Englander,  which 
were  conservative. 

That  Dr.  Burke  had  a  principal  hand  in  devising  the  legis- 
lative plan  may  be  gathered  from  Johnston's  writing  to  him 
of  it  as  "your  plan";  while  Caswell  said  if  there  is  any 
blame  to  be  fixed  on  those  who  formed  the  constitution,  his 
good  friend,  Mr.  Harnett,  ought  to  take  a  very  considerable 
part  of  it  to  himself  for  cramping  so  much  the  powers  of 
the  executive.  To  Harnett  also,  by  tradition,  is  assigned 
the  authorship  of  the  thirty-fourth  article,  placing  all  denom- 
inations on   the   same   footing,   granting  entire   liberty   of 


FORMATION  OF  THE  CONSTITUTION  565 

worship,  but  not  exempting  preachers  of  sedition  from  legal  V^6 

punishment.* 

Mr.  Wilson,  of  Perquimans,  remarked  in  the  convention  Debatc*in 

r       «  «  1        ll  •  1  1  1  1  convention, 

of  1835  that  the    constitution  is  thought  to  have  been  as  1835,394 
much  or  more  the  work  (the  thirty-second  section  excepted) 
of  Willie  Jones  than  any  other  one  individual."    But  if  so, 
Willie  Jones  was  not  such  a  radical  democrat  as  some  have 
supposed. 

Doubtless  there  were  many  concessions  and  compromises. 

The  draught  reported 

For  three  weeks  the  committee  was  framing  the  instru-  c.r.,x,o54 
ment;  and  then,  on  Friday,  December  6th,  Thomas  Jones 
informed  the  house  that  the  committee  had  prepared  the 
form  of  a  constitution,  which  he  read  in  his  place  and  sub- 
mitted to  the  house.  It  was  thereupon  ordered  that  a  copy 
should  be  made  for  each  county  and  for  each  district,  and  it 
should  be  taken  under  consideration  the  following  Monday. 

Of  the  first  draught  we  have  no  copy  and  but  little  infor- 
mation of  its  provisions,  for  the  instrument  as  perfected  was 
probably  much  amended  by  the  congress  itself.  It  may  be 
conjectured  that  the  committee  followed  the  plan  indicated 
by  Thomas  Jones  in  the  preceding  congress  and  provided 
for  two  branches  of  the  legislature,  one  elected  by  the  free- 
holders and  the  other  by  the  freemen.  The  justices  were  to 
be  elected  by  the  people.  Johnston  on  December  7th  wrote : 
"There  is  one  thing  in  it  which  I  cannot  bear,  and  yet  I 
am  inclined  to  think  it  will  stand.  The  inhabitants  are  em-  £,*•'  ** 
powered  to  elect  the  justices  in  their  respective  counties, 
who  are  to  be  the  judges  of  the  county  courts.  Numberless 
inconveniences  must  arise  from  so  absurd  an  institution." 
This  was  changed  by  the  congress.  There  was  no  religious 
test  for  office  in  the  committee's  report,  but  one  was  inserted 
by  the  congress.  On  Monday  and  Tuesday  the  house  con- 
sidered the  constitution,  when  it  was  read  paragraph  by 
paragraph,  amended  and  passed  the  first  reading.  On 
Thursday  it  was  again  read  and  debated  paragraph  by  para- 

*It  is  said  that  Governor  Swain  once  mentioned  that  a  large  part 
of  the  original  draft  of  the  constitution  was  in  the  handwriting  of 
Waightstill  Avery. 


1040 


566  THE  CONSTITUTION  OF  1776 

ljrt  graph  and  passed  its  second  reading.    Thomas  Jones  then 

reported  the  bill  of  rights,  which  he  read  in  his  place;  and 
this  was  taken  up  on  Saturday,  debated  paragraph  by  para- 
graph, amended  and  passed  its  first  reading. 
McRee's  On  December  13th  Johnston  wrote:  "One  of  the  members 

339  e  '  '  from  the  back  country  introduced  a  test  by  which  every 
person  before  he  should  be  admitted  to  a  share  in  the  legis- 
lature should  swear  that  he  believed  in  the  Holy  Trinity 
and  that  the  scripture  of  the  Old  Testament  was  written  by 
divine  inspiration.  This  was  carried  after  a  very  warm 
debate,  and  has  blown  up  such  a  flame  that  everything  is  in 
danger  of  being  thrown  into  confusion.  They  talk  of  having 
all  the  officers,  even  the  judges  and  clerks,  elected  annually, 
with  a  number  of  other  absurdities."  This  was  the  talk  in 
the  house,  not  in  the  committee.  It  was  a  departure  from 
the  Virginia  constitution  and  from  the  committee's  plan,  and 
it  precipitated  a  contest. 

The  following  Tuesday  the  bill  of  rights  was  read  para- 
graph by  paragraph,  amended,  passed  and  engrossed.  It 
contains  many  of  the  principles  of  Magna  Charta.  For  sev- 
eral days  the  constitution  was  yet  further  considered,  the 
house  reading  it  paragraph  by  paragraph  and  amending  it. 
Finally  it  was  perfected,  passed,  engrossed,  and  ordered  to 
c.R.,x,974  be  immediately  printed  and  distributed.  The  committee  was 
appointed  November  13th,  reported  on  December  6th,  and 
the  constitution  was  under  consideration  by  the  entire  body 
for  twelve  days,  when  it  was  adopted  on  December  18th. 
Each  word  in  it  was  often  weighed,  debated,  and  passed  on 
by  the  house  itself. 

Whatever  may  have  been  the  particular  zeal  of  this  man 
or  that  in  the  committee,  or  in  the  house,  every  principle 
contained  in  the  instrument  and  every  provision  of  it  was 
responsive  to  the  will  of  the  majority  of  the  members, 
similarity  to  As  perfected,  it  nearly  approached  the  Virginia  consti- 
coKution  tution  with  its  bill  of  rights.  The  second  branch  of  the 
legislature,  which  in  every  other  province  but  Virginia  was 
known  as  the  council,  was  denominated  the  senate,  Virginia 
being  the  first  to  introduce  that  word  in  American  history. 
Senators  were  to  be  elected  only  by  freeholders,  while 
assemblymen  were  to  be  voted  for  by  all  citizens  who  had 


PROVISIONS  OF  THE  CONSTITUTION  567 

paid  their  public  taxes.     The  governor  and  other  great  *J*i 

officers  were  to  be  elected  by  the  General  Assembly,  and  the 
judges  were  to  hold  their  offices  during  good  behavior,  as  in 
Virginia.  The  justices  of  the  peace  were  to  be  recommended 
to  the  governor  by  the  representatives  in  the  Assembly,  and 
when  commissioned  by  him  were  to  hold  their  offices  during 
good  behavior,  and  were  not  to  be  removed  from  office  by 
the  General  Assembly  unless  for  misbehavior. 

Thus  was  established  a  representative  republic  far  re-  £tirvecpresen" 
moved  from  the  pure  and  simple  democracy  which  some   republic 
have  said  that  Willie  Jones  advocated.    Indeed,  the  Consti- 
tution conformed  in  many  respects  to  the  views  of  Johnston, 
although  he  was  not  a  member  of  the  congress.    There  were 
to  be  annual  elections  of  assemblymen,  and  a   governor 
annually  elected  and  ineligible  after  three  years  of  service 
until  a  like  period  had  elapsed ;  and  the  judiciary  was  entirely 
independent.     Still  Johnston  remained  opposed  to  the  plan   s-  R»  ^ 
for  constituting  the  legislature,  and  became  discontented, 
perhaps  the  more  because  the  people  had  burned  him  in 
effigy. 

Mecklenburg's  voice  for  the  establishment  and  endow-  JjJjJJj; 
ment  of  a  school  in  that  county  seems  to  have  been  answered 
by  a  provision  that  a  school  or  schools  should  be  established 
by  the  legislature  for  the  convenient  instruction  of  youth, 
with  such  salaries  to  the  masters,  paid  by  the  public,  as  may 
enable  them  to  instruct  at  low  prices ;  and  all  useful  learning 
should  be  duly  encouraged  and  promoted  in  one  or  more 
universities.  The  western  member  who  offered  in  the  house 
that  legislators  should  swear  that  they  believed  in  the  Holy 
Trinity,  as  required  by  the  Mecklenburg  instructions,  may 
have  been  Rev.  Dr.  David  Caldwell,  of  Guilford,  who  was 
not  a  member  of  the  committee.  The  introduction  of  that  The 
test  raised  a  flame.  Many  of  the  public  men  of  that  era  were  lest*10"* 
deists ;  some  were  atheists.  It  is  said  that  some  of  the  lead- 
ing members  of  the  convention  were  of  that  mind,  and  it 
was  for  that  reason,  perhaps,  that  this  proposed  section 
caused  such  excitement.  Besides,  if  the  original  proposition 
followed  the  Mecklenburg  instructions  throughout,  it  ex- 
cluded from  office  all  Roman  Catholics,  and  Burke  was  of 
that  faith,  as  well,  perhaps,  as  others  of  the  congress.    The 


568 


THE  CONSTITUTION  OF  1776 


1776 

fiaof 
Consul 


institution 


The 

instrument 

conservative 


C  R., 
991 


X, 


Mecklenburg  proposition  was,  however,  somewhat  altered 
before  adoption;*  but  still  no  one  who  denied  the  truth  of 
the  Protestant  religion  or  the  divine  authority  of  the  Old 
and  New  Testament,  or  should  hold  religious  principles  in- 
compatible with  the  freedom  and  safety  of  the  State,  was 
to  be  admitted  to  office.  This  apparently  was  not  thought 
to  exclude  Roman  Catholics,  who  from  the  first  held  office 
unquestioned.  It  did  exclude  atheists  and  infidels,  but  none 
of  the  public  men  of  North  Carolina  appear  to  have  fallen 
within  that  category,  although  tradition  attributes  to  some 
of  them  a  little  laxity  in  their  religious  beliefs.  No  public 
man,  Roman  Catholic  or  of  atheistical  inclinations,  ceased  to 
hold  office. 

The  congress  was  apparently  more  conservative  than  the 
committee,  for  the  committee's  plan  of  electing  the  justices 
of  the  peace,  who  were  to  hold  the  county  courts,  by  a  vote 
of  the  inhabitants,  was  rejected  by  the  congress. 

From  first  to  last  the  instrument  as  perfected  by  the  con- 
gress was  conservative,  and  the  government  it  established 
must  have  been  a  great  disappointment  to  those  who  favored 
a  pure  democracy.  Nor  did  the  congress  submit  it  to  the 
people  for  their  approval,  and  it  took  effect  immediately  on 
its  adoption.  It,  however,  was  well  received  by  the  people, 
and  was  the  subject  of  eulogy  for  many  years.  It  remained 
unchanged  for  two  generations,  although  in  the  course  of 
time  complaints  began  to  be  made  at  the  west  against  the 
plan  of  representation,  and  in  1835  tne  people  preferred  to 
choose  their  own  governors,  and  twenty  years  later  the  re- 
quirement of  a  freehold  to  constitute  a  senatorial  elector  was 
abolished. 

The  constitution  being  adopted,  two  days  later  the  con- 
gress chose  Richard  Caswell  to  be  governor  of  the  State  un- 
til the  next  session  of  the  General  Assembly ;  and  Cornelius 
Harnett,  Thomas  Person,  William  Dry,  William  Haywood, 
Edward  Starkey,  Joseph  Leach,  and  Thomas  Eaton  mem- 
bers of  the  Council  of  State;  and  in  case  of  the  death 
or  other  disability  of  the  governor,  the  president  of  the 


*A  writer  in  the  Wilmington  Herald  of  1844  ascribed  that  article 
as  written  to  Cornelius  Harnett.  Harnett  doubtless  amended 
Dr.  Caldwell's  first  proposition. 


OFFICERS  ELECTED  569 

council  was  to  succeed  him.    The  congress  having  provided  lj£ 

for  the  establishment  of  courts  of  oyer  and  terminer  in  the  |)l^cmber 
several  districts  of  the  State,  proceeded  to  appoint  justices  xxin,*^ 
of  the  peace,  sheriffs  and  constables  for  the  several  counties, 
and  establish  county  courts  until  the  Assembly  should  meet. 
As  Caswell,  on  becoming  governor,  resigned  his  office  as 
treasurer  of  the  southern  district,  John  Ashe  was  elected  to 
that  office ;  and  Cornelius  Harnett  was  elected  vice-president 
of  the  congress.     The  common  law  and  the  laws  of  the 
province  that  were  not  inconsistent  with  the  freedom  and 
independence  of  the  State  were  declared  in  force.     Having  J^-3^ 
performed  its  work,  the  congress,  after  sitting  all  day  Sun- 
day, on  Monday,  December  23d,  adjourned  sine  die. 


CHAPTER  XXXIII 

Caswell's  Administration,  1776-80 

Caswell's  administration. — Military  movements.— Political  power. 
— The  first  Assembly. — Tories  banished. — Sheppard's  regiment. — 
Conditions  within  the  State. — The  task  of  the  patriots. — Johnston 
dissatisfied.  —  Loyalists  depart.  —  Arrival  of  Lafayette.  —  Trade 
through  Ocracoke  inlet. — The  Continental  Line  joins  the  Grand  Army. 
— Brandywine. — Germantown. — Death  of   Nash. — New  battalions. 

1777  Caswell's  administration 

January  On  the  adjournment  of  congress  Richard  Caswell  found 

himself  in  power  as  the  first  governor  of  the  sovereign  State 
of  North  Carolina.  His  title  was  "his  Excellency."  Shortly 
after  the  Christmas  holidays  he  seems  to  have  taken  pos- 
session of  the  governor's  palace  at  New  Bern,  and  there 
on  January  16th  he  held  his  first  council,  Cornelius  Harnett 
xxi \  being  chosen  president  of  the  board.     On  the  same   day 

880,9^7  judges  were  appointed  to  hold  the  courts  of  oyer  and 
terminer.  Among  those  appointed  were  John  Penn,  Samuel 
Spencer  and  Sam  Ashe ;  and  the  criminal  courts  again  began 
to  be  held.  Penn,  however,  declined  to  serve,  so  no  court 
was  held  in  the  Orange  district.  His  action  in  this  matter, 
disappointing  Governor  Caswell,  was  the  probable  cause  of 
an  estrangement  between  them. 

A  few  days  later  the  fine  furniture  and  effects  of  Gov- 
ernor Martin  with  which  the  palace  was  filled  were  sold  at 
auction  under  an  order  of  the  congress,  and  his  Excellency 
bought  largely  of  them,  doubtless  to  furnish  the  palace, 
s.  rm  xi,         Notwithstanding  the  treaty  of  peace  that  had  in  the  fall 
393  of   1776  been  informally  agreed  on  with  the  Indians,   in 

India™  February  they  again  became  hostile,  and  a  detachment  of 
militia  was  ordered  to  range  in  the  district  of  Washington 
to  prevent  depredations,  and  General  Rutherford  was  di- 
rected to  raise  eight  independent  companies,  four  for  Wash- 
ington and  four  for  Tryon,  Burke,  and  Surry,  to  be  employed 


hostile 


1.  Maurice  Mooke 
S.  Alexander  Martin 


2.  Abner  Nash 
4.  Robert  How* 


MOVEMENT  OF  TROOPS 


S7i 


in  building  stockades,  in  scouting  and   in   protecting  the  lJJJ 

people. 

William  Sharpe  and  Waightstill  Avery  were  appointed  com- 
missioners in  conjunction  with  representatives  of  Virginia  to 
make  a  treaty  with  the  Over-hill  Cherokees  and  fix  the  boun-   The  Indian 
dary  between  their  hunting  grounds  and  the  white  settlement,   boundary 
and  during  the  summer  they  accomplished  this  purpose,  ex- 
tending the  boundary  line  into  the  Great  Iron  Mountains. 


Military  movements 

In  anticipation  of  a  southern  campaign,  General  Moore  ,m 
marched  his  entire  command  to  South  Carolina,  being  like- 
wise accompanied  by  two  battalions  of  militia  under  the 
command  of  General  Allen  Jones,  appointed  by  the  congress 
when  in  session  'at  Halifax.  On  January  14th  General  s.  r.,xi, 
Moore's  continentals  were  at  Charleston,  and  the  appre- 
hension of  a  southern  campaign  having  passed  away,  and 
Washington's  army  being  hard  pressed,  on  February  6th  the 
Council  of  State  directed  that  the  ranks  of  three  of  his 
regiments  should  be  filled  by  transfers  from  the  others  and 
he  should  lead  them  to  the  north.  The  considerable  number 
of  inhabitants  in  western  North  Carolina  led  to  the  belief 
that  that  was  a  favorable  region  for  securing  recruits.  In- 
deed, General  Rutherford  made  a  return  of  over  ten  thou- 
sand men  for  his  militia  brigade  in  the  Salisbury  district 
alone,  and  Nash,  who  on  February  5th  was  promoted  by  the 
Continental  Congress  to  be  brigadier-general,  was  directed  Nash 
to  repair  to  the  western  part  of  the  State  and  superintend  g5£raTed 
the  recruiting  for  the  new  regiments ;  but  rapidly  succeeding 
this  first  order  came  a  second  directing  that  Moore  and 
Nash  should  proceed  with  all  the  continentals  to  the  aid  of 
General  Washington.  Moore  was  then  at  Charleston  in  com- 
mand of  the  department.  On  receiving  these  orders  he 
returned  to  North  Carolina  to  arrange  for  the  long  march 
of  the  troops,  ordering  Nash  to  follow  him  with  the  regi- 
ments. In  April  they  reached  Wilmington  and  went  into 
camp  temporarily.  There,  unhappily,  on  April  15th,  Gen- 
eral Moore  died  from  an  attack  of  gout  in  the  stomach.  On 
the  same  day  his  brother,  Judge  Maurice  Moore,  also  died 


s.  R.,  XI, 

454 

Death  of 
Moore 


D/- 


CASW  ELL'S  ADMINISTRATION,  1776-80 


Nash 

marches 

north 


May 


Political 
power 


The  first 
Assembly 

S.  RM  XII, 


in  the  same  house.  General  Nash  assumed  command  and 
marched  to  the  north.  A  camp  was  established  at  Halifax, 
where  were  concentrated  the  continental  battalions  then 
forming,  whose  ranks  were  not  yet  filled ;  and  another  camp 
and  hospital  were  located  at  Georgetown,  Md.,  where  all  the 
North  Carolina  troops  who  had  not  had  the  smallpox  were 
inoculated  before  joining  the  army.  The  brigade  reached 
the  Potomac  toward  the  close  of  May,  and  while  many 
were  detained  there  to  be  vaccinated,  two  hundred  were 
found  to  have  already  had  the  dread  disease,  and  these  were 
hurried  forward  to  reinforce  Washington.  Under  Colonel 
Sumner,  they  joined  the  army  at  Morristown  on  July  5th. 

The  new  constitution  apportioned  the  political  power  of 
the  State  very  differently  from  what  had  been  the  custom 
in  colonial  times.  In  former  assemblies  the  Albemarle 
counties  had  each  five  representatives  and  the  others  but 
two.  In  the  revolutionary  bodies  each  county  and  borough 
had  but  a  single  vote  without  regard  to  the  number  of  rep- 
resentatives they  sent.  Under  the  new  constitution  every 
county  was  entitled  to  one  senator  and  two  representatives 
and  the  borough  towns  to  a  representative.  By  this  innova- 
tion the  counties  were  all  put  on  the  same  footing. 

The  division  of  the  legislature  into  two  houses,  each  con- 
sisting of  a  relatively  small  number  of  members,  resulted 
in  lessening  the  influence  of  many  of  the  old  leaders.  When 
the  Assembly,  elected  in  March,  met  in  April,  the  personnel 
of  the  representatives  was  greatly  changed.  Many  of  the 
prominent  public  men  were  either  in  the  military  or  civil 
service,  occupying  positions  that  rendered  them  ineligible 
as  members.  Sam  Johnston,  being  one  of  the  treasurers, 
was  not  a  member ;  nor  was  Harnett,  who  was  a  member  of 
the  council.  In  the  senate,  Archibald  Maclaine,  Allen  Jones, 
Griffith  Rutherford,  and  Sam  Ashe  were  men  of  the  most 
influence.  In  the  house,  Abner  Nash,  Avery,  Benbury,  John 
Butler,  Alexander  Lillington,  Willie  Jones  and  William 
Hooper,  and  John  Penn  were  among  the  leaders;  but  the 
disappearance  from  the  legislative  halls  of  many  who  had 
exerted  a  controlling  influence  in  former  years  was  very 
observable. 


WORK   OF   THE  LEGISLATURE 


573 


April 


S.  R.,  XI, 

7«o 


Legislative  action 

It  does  not  appear  that  there  were  any  party  lines.  Ten 
days  after  the  session  opened  Abner  Nash  wrote:  "We  are 
all  harmony,  and  a  perfectly  good  agreement,  as  far  as  I 
can  see,  is  likely  to  prevail  in  our  houses  of  legislature." 
Nash  was  elected  speaker  of  the  house  of  commons  and 
Sam  Ashe  was  chosen  to  preside  over  the  senate. 

A  mass  of  important  business,  much  of  it  of  a  delicate 
nature,  confronted  the  Assembly;  and  despite  the  absence 
of  so  many  men  of  experience  who  had  been  accustomed 
to  manage  public  affairs,  the  laws  passed  at  that  and  the 
adjourned  session  attest  the  industry  and  high  capacity  of 
the  assemblymen.  Maclaine  in  the  senate  and  Hooper  in  the 
house  were  probably  the  most  influential  in  managing  busi- 
ness. The  former  was  in  particular  a  strong,  learned  and 
painstaking  lawyer  and  a  patriot  of  the  first  water.  The 
Assembly  now  levied  an  ad  valorem  tax  on  land,  negroes,  and 
all  other  property,  thus  inaugurating  a  great  change  in  the 
system  of  taxation.  It  established  two  new  counties  at  the 
west,  one  named  in  honor  of  the  governor  and  the  other  for 
Dr.  Burke,  "a  compliment  never  before  paid  to  a  private 
citizen/'  so  high  was  the  popular  regard  for  the  talented 
Irishman,  who  was  then  representing  the  State  in  the  Con- 
tinental Congress  with  much  ability.  At  the  east,  also,  a 
county  was  created  and  called  Camden,  in  grateful  recog- 
nition of  that  nobleman's  efforts  in  Parliament  to  befriend 
the  colonies. 

The  election  of  officers  by  the  congress  in  December  had 
been  merely  for  a  temporary  purpose,  and  now  the  Assembly 
re-elected  Caswell  and  the  members  of  the  council.  County 
courts  were  provided  for,  and  courts  of  oyer  and  terminer 
were  established,  and  Samuel  Spencer  was  chosen  to  hold 
these  courts  in  four  districts,  while  Bonfield  and  James  Davis 
were  appointed  for  the  Edenton  and  New  Bern  districts. 
Associated  with  these  were  others  not  lawyers.  Because 
of  the  uncertainty  of  the  times,  it  was  considered  best  to 
postpone  the  establishment  of  civil  courts  until  the  next 
session,  and  the  senate  rejected  the  bill  introduced  to  create 
them.  Courts  of  admiralty  were  established  and  collectors 
of  customs  appointed  for  the  various  ports. 


s.  R., 
XXIV,  6 


Property  tax 


Caswell, 
Burke,  and 
Camden 
Counties 


S.  R.,  XII, 
X&IV,  39 


574  CASWELL'S  ADMINISTRATION,  1776-80 

I™  An  act  was  passed  regulating  the  militia,  dividing  each 

company  into  four  classes,  which  should  in  turn  be  called 
out  when  the  necessity  arose  for  making  a  draft.    The  brig- 
s.  r.,xii,    adiers-general  were  all  re-elected  except  Thomas  Person, 
X09  who  was   succeeded   by  John   Butler;*  but  General   Vail 

dying  soon,  General  Simpson  was  appointed  by  the  council 
xxi'v  to  ta^e  *"s  place-    A  particular  act  was  passed  to  encourage 

».  "t  »s  volunteers  in  the  existing  Indian  war,  and  a  premium  of 
£10  was  offered  for  each  scalp  taken  from  and  "fleeced  off 
the  head  of  an  Indian  man"  by  a  captor  being  in  the  service 
of  the  State,  and  £40  for  each  scalp  taken  by  one  not  in 
the  pay  of  the  State,  "who  shall  voluntarily  undertake  to 
make  war  upon  the  said  Indians."  Particular  efforts  were 
also  made  to  promote  recruiting  for  the  continental  service. 
To  suppress  the  Tories,  the  county  courts  were  authorized 
to  require  every  inhabitant  who  should  refuse  to  take  the 
oath  of  allegiance  to  depart  from  the  State  in  sixty  days. 
For  this  purpose  the  counties  were  to  be  laid  off  into  small 
districts,  in  which  a  justice  of  the  peace  was  to  warn  the 
inhabitants  to  come  and  take  the  oath,  and  on  the  failure  of 
any  to  do  so,  they  were  to  be  banished.  Banished  persons 
had  the  right  to  sell  their  property  before  leaving,  but  in 
case  they  did  not,  their  property  became  forfeited  to  the 
State.  The  patriots  of  that  day  realized  the  necessity  of 
reducing  the  number  of  the  disaffected  within  the  limits 
of  the  State  as  far  as  practicable,  and  although  these  were 
harsh  and  rigorous  exactions,  yet  they  seem  to  have  been 
necessary  and  wise. 

Sam  Johnston  and  John  Ashe  were  re-elected  treasurers, 
and  apparently  there  was  no  particular  contest  over  any 
appointment,  except  alone  for  one  of  the  delegates  to  the 
Continental  Congress.  Penn  was  a  member  of  the  house, 
and  desired  to  replace  Hewes.  He  made  a  determined  and 
personal  effort,  alleging  that  Hewes,  who  as  a  member  of 
the  Marine  Committee  was  transacting  very  important  busi- 
ness for  the  congress,  was  holding  two  offices,  a  method  of 

♦General  Butler,  like  Rutherford,  had  been  one  of  those  county 
officers  of  whose  excesses  the  Regulators  complained.  He  was 
sheriff  of  Orange  in  December,  1770,  although  his  brother  William 
was  one  of  the  Regulators. 


PENN  DEFEATS  HEIVES 


575 


electioneering  that  greatly  disgusted  Hewes  and  his  friends.  2JJ 

A  warm  struggle  ensued,  and  Penn  succeeded  by  ten  votes.   APril 
The    delegates   chosen    were    Burke,    Hooper,    and    Penn.   {J^df}, 
Hooper  declined,  for  the  expense  had  been  too  heavy  for  359 
his  purse,  and  his  friend  Harnett  was  chosen  to  fill  the 
vacancy.    It  was,  however,  said  that  had  Hewes  then  been 
willing  to  accept  he  would  have  been  chosen  unanimously 
to  replace  Hooper,  but  his  friends  asserted  that  he  would 
not  accept  under  the  circumstances.    If  his  great  and  patri- 
otic service  at   Philadelphia   was   not  appreciated   by  the 
Assembly,  he  was  content  to  attend  to  his  private  affairs. 

At  that  time  the  militia  battalions  sent  to  South  Carolina  f^Ke^'" 
were  still  in  that  State,  one  of  them  being  commanded  by  SR»xi, 
Colonel  Abraham  Sheppard.  It  being  resolved  to  raise  a 
new  continental  battalion,  Sheppard  was  appointed  colonel 
of  it,  and  he  was  directed  to  select  his  own  officers  and 
recruit  his  men.  He  had  been  Caswell's  lieutenant-colonel 
at  Alamance,  had  commanded  the  Dobbs  militia  with  Cas- 
well at  Moore's  Creek,  and  was  in  service  on  the  Cape  Fear 
under  General  Ashe.  He  was  regarded  as  particularly  effi- 
cient, and  Caswell  reposed  the  highest  confidence  in  him. 

Eventually,  after  a  session  of  a  month,  in  the  course  of 
which  the  new  State  was  launched  with  its  officers  and  laws, 
suited  to  the  changed  conditions,  the  Assembly  adjourned. 

Conditions  within  the  State 

The  counties  now  became  organized   with  their  courts,   il'fe/xY, 
justices,  clerks,  sheriffs,  registrars  and  other  officers,  and   526 
there  was  a  general  feeling  of  stability,  and  that  the  new 
government    was    permanently    established.      But    yet    the 
inhabitants  were  by  no  means  of  one  mind  on  the  subject 
of  independence.     Disaffection  manifested   itself  more  or  fa,*^*^ 
less  in  every  community.     In  July  there  were  Tories  in 
arms  in  Surry,  and  trouble  in  Guilford ;  and  in  that  month 
the  Council  of  State,  writing  to  General  Rutherford,  told 
him  that  they  could  not  send  any  troops  from  the  Hillsboro 
brigade,  as  he  "well  knew  how  many  disaffected  persons 
reside  in  that  district  and  neighborhood.' ' 

Indeed,  this  was  a  time  of  fearful  commotion  and  anxious 
solicitude  in  many  parts  of  the  State.     A  test  oath  being 


576  CASWELL'S  ADMINISTRATION,  1776-80 

«777  required  of  all  citizens,  and  those  refusing  to  take  it  being 

May  ordered  to  depart  the  State  within  sixty  days,  a  dread  alter- 

native was  presented  that  brought  sorrow  and  lamentations. 

The  Tories  Deplorable  in  the  extreme  was  the  situation  of  a  great  num- 
ber of  inhabitants  who  determined  to  abandon  their  homes 
and  become  wanderers  on  the  face  of  the  earth  rather  than 
engage  in  what  they  considered  unjustifiable  rebellion.  A 
very  large  part  of  Cumberland,  estimated  at  two-thirds  of 
the  county,  prepared  to  leave  the  State,  and  in  other  com- 
munities considerable  numbers  had  the  same  gloomy  pros- 

s.  r.,  xi,  pects.  The  Scotch  refused  to  take  the  oath  almost  to  a 
man.  They  preferred  exile  to  renouncing  their  allegiance; 
and  being  much  exasperated,  they  became  very  troublesome. 

The  salt  riots 

The  interruption  of  regular  commerce  resulted  in  general 
privation  of  the  necessaries  of  life.  Chief  among  the  indis- 
pensable articles  for  domestic  use  was  salt,  and  of  this  there 
was  a  scarcity.  The  first  highways  known  to  history  were 
made  by  the  denizens  of  the  interior  seeking  the  seashore 
for  this  commodity.  The  human  system  hungers  for  it,  and 
when  the  supply  among  the  inhabitants  of  the  interior  ran 
short  they  fell  into  great  commotions — the  people  demanded 
salt  and  would  have  it;  and  now  began  a  disturbance  that 
might  well  be  denominated  the  salt  riot.  The  State  had 
a  quantity  stored  at  Cross  Creek  for  the  use  of  the  public, 
s  r,  xi,  and  thither  bodies  of  men  began  to  congregate.  It  was 
"*'i-  reported  that  a  thousand  assembled  in  Orange  alone,  and 

June  crowds  gathered  in  Duplin,  Guilford,  Chatham  and  other 

counties  with  such  a  threatening  aspect  that  an  alarming 
insurrection  was  feared.  It  was  apprehended  that  the  ulti- 
mate purpose  was  to  seize  the  military  stores  at  Wilmington. 
Colonel  Williams,  in  command  of  the  continentals  at  Hali- 
fax, and  Colonel  Sheppard,  whose  Tenth  Regiment  was  at 
Kinston,  were  directed  to  move  on  Cross  Creek,  and  Gen- 
eral Ashe  was  ordered  to  call  out  the  militia  of  that  district. 
The  rising,  however,  seems  only  to  have  been  with  a  view 
.  of  taking  the  salt,  and  it  was  that  which  drew  together  the 
crowds  in  the  disaffected  territory. 
s^RmXI,  Qn  juiy  joth  a  mob  of  one  hundred  and  forty  persons 


TORY  UPRISINGS 


577 


from  Duplin  and  Johnston  entered  Cross  Creek,  but  Robert 
Rowan  met  them  with  his  company,  and  having  required  J^y 
them  to  take  the  oath,  sold  them  salt  at  $5  per  bushel.    Five 
hundred  more  came  in  somewhat  later,  and  probably  were 
appeased  in  the  same  way. 

The  task  of  the  patriots 

Just  at  the  same  time,  July,  1777,  a  conspiracy  was  dis-  ^*'xl< 
covered  among  the  eastern  Tories  to  rise  and  fall  upon  their 
neighbors.  "I  am  sorry  to  inform  you,"  wrote  Colonel  Irwin 
to  Governor  Caswell,  "that  many  evil  persons  in  Edgecombe 
and  the  neighboring  counties  have  been  joined  in  a  most 
wicked  conspiracy.  About  thirty  of  them  made  an  attempt 
on  Tarboro,  but  luckily  I  had  about  twenty-five  men  to  op- 
pose them,  and  I  disarmed  the  whole  and  made  many  take 
the  oath." 

Had  there  been  more  unanimity,  the  task  of  the  patriot 
leaders  had  been  easier;  but  their  daring,  their  constancy, 
and  fortitude  would  not  have  entitled  them  so  thoroughly 
to  the  gratitude  and  admiration  of  succeeding  generations. 
Notwithstanding  the  division  in  sentiment  of  the  inhabitants, 
it  is  to  the  honor  of  the  public  men  of  that  period  that  no 
man  who  had  been  honored  with  the  confidence  of  the  people 
flinched  when  the  test  came  or  failed  to  move  forward 
through  the  gloom  and  obscurity  of  the  doubtful  and  hazard- 
ous issue.  They  doubtless  felt  as  Franklin  in  the  Conti- 
nental Congress  expressed  it,  "we  must  all  hang  together,  or 
we  will  be  sure  to  hang  separately." 

There  were,  however,  two  Englishmen  who,  after  the 
formation  of  the  State  government,  withdrew  their  support 
from  the  cause.  One,  William  Brimage,  of  Edenton,  was  Brimage 
appointed  by  Governor  Caswell  to  hold  the  court  of  oyer  in 
March.  He  declined,  and  not  long  afterward  planned  an 
insurrection,  proposing  to  join  the  British  vessel  at  Ocra- 
coke.  For  this  he  was  arrested.  The  other  prominent  in- 
habitant who  fell  from  the  cause  was  John  Slingsby,  a  mer- 
chant of  Wilmington,  who  at  first  entered  zealously  into  the 
revolutionary  measures,  but  subsequently  adhered  to  the 
Crown,  and  in  1781  was  colonel  of  the  Loyalist  militia  of 
Bladen,  and  lost  his  life  at  the  battle  of  Elizabethtown. 


*777 


S.  RM  XI, 

539 


Slingsby 


578  CASWELL'S  ADMINISTRATION,  1776-80 

*rn  Johnston  dissatisfied 

July  Samuel  Johnston,  although  always  true  to  the  cause,  was 

much  dissatisfied  with  the  form  of  government,  and  doubt- 
less suffered  mortification  at  his  treatment  by  the  people  of 
Chowan.  Governor  Caswell  offered  to  appoint  him  to  hold 
the  court  of  oyer  in  the  Edenton  district,  but  Johnston  ques- 
tioned Caswell's  right  to  make  the  appointment.    The  legis- 

s  r  xi      'ature  *n  April  re-elected  him  one  of  the  state  treasurers,  but 

488,  &  he  declined,  saying :  "In  the  infancy  of  our  glorious  struggle, 
when  the  minds  of  many  were  unsettled  and  doubtful  of 
the  event,  I  joyfully  accepted  every  appointment  that  was 
offered  by  my  fellow-citizens,  and  readily  stood  forth  to  give 
testimony  of  my  concurrence  and  approbation  of  every  meas- 
ure which  tends  to  the  security  of  the  most  inestimable 
rights  of  mankind ;  at  this  period,  when  the  constitution  of 
this  State  is  happily,  and,  I  flatter  myself,  permanently  es- 
tablished, when  all  doubts  and  apprehensions  are  entirely 
removed,  .  .  .  I  .  .  .  request  .  .  .  the  favor  of  being  per- 
mitted to  decline  that  very  honorable  and  lucrative  appoint- 
ment." The  cause  of  his  declination  was  deep-seated.  He 
was  dissatisfied,  mortified,  and  doubtless  animated  by  resent- 
ment. The  people  had  framed  a  government  without  his 
aid,  and  he  had  been  treated  by  the  inhabitants  of  his  own 
county  as  if  he  were  an  odious  character.  Two  months 
after  he  declined  the  treasureship  he  wrote  to  Dr.  Burke: 
"I  have  had  an  opportunity  of  seeing  an  experiment  of  the 
new  legislature,  and  am  as  little  pleased  with  it  in  practice 
as  I  was  formerly  in  theory,  and  am  still  of  opinion  that 
though  your  plan  might,  for  aught  I  know,  be  well  adapted 
to  the  government  of  a  numerous,  cultivated  people,  it  will 
by  no  means  be  attended  with  those  salutary  ends  which 
were  in  the  contemplation  of  its  framers."  He  characterized 
many  of  the  representatives  as  "fools  and  knaves,  who  by 
their  low  arts  have  worked  themselves  into  the  good  graces 
of  the  populace."  "I  saw  with  indignation  such  men  as 
Griffith  Rutherford,  Thomas  Person,  and  your  colleague, 
J.  Penn,  .  .  .  principal  leaders  in  both  houses,  you  will  not 
expect  that  anything  good  or  great  .  .  .  from  the  counsels 
of  men  of  such  narrow,  contracted  principle,  supported  by 


TORIES  EXPELLED  579 

the  most  contemptible  abilities.    Hewes  was  supplanted  ...  %jn 

in  congress  by  the  most  insidious  arts  and  glaring  falsehoods,  Ju,y 
and  Hooper,  though  no  competitor  appeared  to  oppose  him, 
lost  a  great  number  of  votes."  He  concludes :  "I  am  now 
out  of  office  and  totally  abstracted  from  all  political  con- 
cerns." But  in  less  than  two  years  his  resentment  was  molli- 
fied, and  he  again  took  his  place  in  the  Assembly  as  senator 
from  Chowan,  and  in  the  dark  days  of  the  war  he  put  forth 
his  best  efforts  for  success. 

Loyalists  depart 

Throughout  the  province,  however,  there  were  large  num- 
bers of  local  standing  who  remained  fixed  in  their  opposi- 
tion to  the  new  government.  These  malcontents  interfered 
with  the  recruiting  and  were  a  menace  to  the  public  peace, 
threatening  the  magazines  in  the  different  sections  of  the 
State,  and  it  was  desirable  to  free  the  inhabitants  from  their 
influence.  Toward  the  last  of  July  a  large  vessel  sailed  from 
New  Bern  having  on  board  a  great  number  of  Tories  with  ^Hi*1, 
their  wives  and  families,  chiefly  Scotchmen.  Among  the  x^s68 
passengers  were  Martin  Howard,  the  late  chief  justice  of  the 
province,  and  his  wife  and  daughter.  Since  the  beginning 
of  hostilities  he  had  been  living  quietly  in  seclusion  on  his 
plantation,  Richmond,  in  Craven  County.  October  27th  an- 
other transport  sailed  from  New  Bern  for  Jamaica,  hav- 
ing on  board  John  Hamilton  and  his  brother  Archibald,  of  The 
Halifax,  and  many  other  Scotchmen.  In  January  Governor 
Martin  wrote  from  New  York  that  many  refugees  from 
North  Carolina  had  arrived  there,  "among  them  John  Hamil- 
ton and  Mr.  MacLeod,  the  former  a  merchant  of  considerable 
note,  long  settled  there,  and  the  latter  a  Presbyterian  clergy- 
man of  good  character,  who  have  formed  a  very  spirited 
.  .  .  and  well-concerted  plan  by  drawing  out  of  that  prov- 
ince for  his  Majesty's  service  the  loyal  Highlanders,  of 
whom  they  have  two  hundred  and  seventy  odd  men  actually 
under  the  most  solemn  engagements  to  join  them  on  a  sum- 
mons." Later  these  men  were  embodied  in  a  regiment  un- 
der Hamilton's  command,  and  were  actively  engaged  during 
the  war. 


S8o  CASWELL'S  ADMINISTRATION,  1776-80 

>777  Arrival  of  Lafayette 

Juhr  In  July,  while  the  continental  battalions  were  being  filled 

at  Halifax,  there  passed  through  that  village  a  bevy  of 
French  officers  who  had  just  landed  at  Georgetown,  S.  C, 
and  were  making  their  way  to  the  headquarters  of  Gen- 
eral Washington,  being  the  first  practical  indications  of 
French  sympathy  with  the  colonies  in  their  struggle  for  inde- 

s.  r.,  xi,  pendence,  the  forerunners  of  that  great  assistance  which 
later  brought  the  war  to  its  glorious  close  at  Yorktown.  On 
July  18th  Major  Ashe  wrote  to  Caswell :  "I  haven't  any  news 
to  write  your  Excellency,  only  th't  one  of  the  royal  bloods 

Lafayette  0f  France  (the  Marquis  de  Lafayette),  recommended  by 
Mr.  Franklin,  passed  this  [place]  a  few  days  since,  on  his 
way  to  the  Grand  Army/'  Lafayette  at  that  time  was  not 
twenty  years  of  age,  but  at  once  he  burst  on  the  American 
horizon  as  a  star  of  the  first  magnitude,  and  the  glory  of  his 
name  approaches  that  of  the  great  Washington. 

Ocracoke  Inlet 
blockade  British  cruisers  undertook  to  close  the  channel  of  com- 

merce through  Ocracoke  Inlet,  but  many  vessels  still  came 
in  bringing  salt,  ammunition,  and  other  needed  supplies,  and 
privateers  were  constantly  sallying  forth  to  prey  on  British 
commerce.    Among  those  fitted  out  at  New  Bern  were  the 

S.  R    XI 

53a  "  '  Sturdy  Beggar  and  the  Nancy,  while  at  Wilmington  the 
General  Washington  was  equipped  as  an  armed  vessel  for 
the  State. 

In  the  middle  of  September  two  large  English  frigates 
s  r  xi  suddenly  appeared  at  Ocracoke,  where  many  vessels  lay 
6*4  '  '  ready  to  sail.  They  took  several,  particularly  a  large  French 
brig,  but  the  most  of  the  fleet  escaped  by  returning  into 
Neuse  River.  The  British  tars  then  made  capture  of  the  fat 
mutton  on  the  banks ;  but  the  Sturdy  Beggar,  fourteen  guns, 
and  Pennsylvania  Farmer,  sixteen  guns,  at  once  sailed  to 
clear  the  harbor. 

s.  R.,  xi,      The  Continental  Line  joins  the  Grand  Army 
5m'  On  July  1st  the  long  march  of  Nash's  brigade  came  to 

The  brigade  an  end,  and  it  went  into  quarters  at  Trenton.    This  addition 
fehington    to  Washington's  army  was  important,  adding  largely  to  its 
strength  and  enabling  him  to  present  a  bold  front  to  Corn- 


DEATH  OF  GENERAL  NASH 


58i 


July 


Maxwell's 

Light 

Division 


S.  R.,  XIII, 
962,  263 


wallis,  who  threatened  Philadelphia  from  the  Elk.  To  form 
a  corps  to  hover  about  the  enemy  and  give  him  all  the  annoy- 
ance possible,  Washington  now  organized  a  light  division, 
composed  in  part  of  a  hundred  men  taken  from  the  North 
Carolina  brigade,  under  Colonel  Martin,  the  command  being 
bestowed  on  Major-General  Maxwell.  The  brigade  itself 
was  assigned  to  General  Sullivan's  division,  and  participated 
in  the  battle  of  Brandywine,  September  nth;  but  the  man- 
agement was  so  wretched  that  none  of  the  brigades  in  Sul- 
livan's division  won  great  renown.  Colonel  Martin's  de- 
tachment had  better  fortune.  Maxwell  held  his  position  at 
Chad's  Ford  with  remarkable  tenacity,  and  particularly  did 
Captain  Jacob  Turner,  of  the  Third  Battalion,  greatly  dis- 
tinguish himself,  bringing  honor  to  his  corps.* 

At  the  battle  of  Germantown,  October  4th,  the  brigade 
had  a  better  opportunity  of  displaying  its  courage,  and  its 
vigorous  conduct  was  highly  honorable  to  the  State.  Nash's 
and  Maxwell's  brigades  supported  those  of  Sullivan  and 
Wayne  that  led  the  attack  on  the  centre.  They  were  suc- 
cessful from  the  beginning,  drove  the  enemy  pell-mell 
in  their  front  and  pressed  on  resolutely  through  the  long  and 
straggling  village  of  Germantown.  Eventually  they  routed 
the  British  left,  which  had  made  a  stand  against  their  on- 
slaught. Nash's  brigade  was  on  the  extreme  right,  and 
gained  a  more  advanced  position  than  any  other  of  the 
American  troops.  The  victory  was  won  when  an  untoward 
incident  changed  the  face  of  affairs.  A  great  fog  prevailed, 
and  at  a  point  some  three  miles  from  where  the  engagement 
began  Wayne's  division,  on  Nash's  left,  mistook  some  of 
General  Greene's  troops,  who  formed  Washington's  left 
wing  and  were  approaching  from  that  direction,  for  a  large 
British  force  on  their  flank.  Alarmed  at  their  supposed 
peril,  they  broke  and  could  not  be  rallied.  Their  flight  from 
the  front  turned  victory  into  disaster.  The  British  renewed 
the  contest  with  spirit.  The  brigades  of  Nash  and  Sullivan, 
far  in  advance,  unsupported  and  threatened  on  both  flanks, 
were  compelled  to  withdraw.  The  army  retired  many  miles, 
pursued  by  the  enemy. 


1777    t 

Oct.  4th, 
German- 
town 


S.  R.,  XI, 

789,  828 


Irvine's 
Washing- 
ton, III,  284 


*Hugh  McDonald,  whose  diary  has  been  preserved,  was  apparently 
a  member  of  Colonel  Martin's  detachment  with  General  Maxwell. 


5?2  CASWELL'S  ADMINISTRATION,  1776-80 

l2JZ  The  North  Carolinians  suffered  heavily.     How  many  of 

the  rank  and  file  were  killed  and  wounded  was  not  reported, 
but  the  loss  was  great.  Among  the  higher  officers,  General 
Nash,  Colonel  Polk,  Colonel  Buncombe,  Colonel  Irwin,  Cap- 

Nash  tain  Jacob  Turner,  and   Captain   Lucas,  adjutant  of  the 

Third,  fell  on  the  field  of  battle.  Colonel  Polk,  although 
badly  wounded,  fortunately  recovered.  Colonel  Hogun,  who 
particularly  distinguished  himself,  escaped.  Colonel  Bun- 
combe, badly  wounded,  was  conveyed  from  the  field,  where 
he  was  found  by  an  acquaintance  in  the  British  army,  to 
Philadelphia,  and  died  from  his  wounds  shortly  afterward. 
A  cannon  ball  passed  through  the  horse  General  Nash  was 
riding,  and  tore  through  his  leg,  also  killing  Major  James 

Bio*.  Hwt     Witherspoon,  an  aide  of  General  Maxwell.    As  he  fell,  Nash 

N   11    III  .  •  • 

3oi  "  *  called  to  his  men:  "Never  mind  me,  I've  had  a  devil  of  a 
tumble ;  rush  on,  my  boys ;  rush  on  the  enemy ;  I  will  be  after 
you  presently."  He  was  borne  fainting  from  the  field  and 
died,  after  lingering  in  great  agony  for  three  days.  He 
was  interred  in  the  Mennonite  Churchyard  at  Culpsville,  Pa. 
His  death  was  truly  lamented.  It  was  a  sad  blow  to  his 
brigade,  the  men  and  officers  alike  having  the  greatest  con- 
fidence in  him  and  affection  for  him.  At  home,  when  the 
-legislature  met,  it  put  on  record  a  memorial  of  his  worth 
and  virtues,  made  an  appropriation  to  erect  a  marble  monu- 
ment in  his  honor,  and  created  a  county,  called  by  his  name, 
to  perpetuate  his  memory.  On  Nash's  death,  congress  not 
being  ready  to  appoint  additional  generals,  the  command 
of  the  brigade  was  assigned  by  Washington  to  General  Mc- 
intosh, of  Georgia. 


The  new  battalions 

fr^wwa  After  Nash  moved  north,  the  first  efforts  of  the  authorities 
were  directed  to  filling  the  ranks  of  the  older  regiments,  but 
these  efforts  were  measurably  checked  by  the  activity  of  those 
officers  who  were  seeking  to  enlist  men  for  the  Seventh, 
Eighth  and  Ninth  battalions,  upon  whose  prompt  completion 
depended  their  commissions.  While  the  officers  of  Shep- 
pard's  Tenth  battalion  offered  the  additional  inducement 
that  that  battalion  was  for  local  service,  and  would  not  have 
to  leave  the  State,  numerous  recruiting  officers,  represent- 


RECRUITING  583 


ing  every  regiment  and  company,  were  scouring  the  State.  lj£ 

The  first  impulse  of  patriotic  ardor  had  somewhat  subsided, 
and  recruiting  for  the  war  proceeded  but  slowly.  The  camp 
at  Halifax  was  left  in  charge  of  Colonel  John  Williams,  and  , 

as  rapidly  as  possible  recruits  were  collected  and  sent  for-  BatuiSm* 
ward  in  detachments,  and  eventually,  on  September  1st, 
Colonel  Williams  broke  camp  and  moved  the  entire  force 
northward  to  join  the  Grand  Army.  In  July,  likewise, 
Colonel  Sheppard's  regiment  was  taken  into  the  pay  of  the 
Continental  Congress  and  also  ordered  north. 


CHAPTER  XXXIV 

Caswell's  Administration,   1776-80 — Continued. 

The  second  session  of  the  Assembly. — Articles  of  confederation. — 
Valley  Forge. — Supplies  from  North  Carolina. — The  North  Carolina 
line  destitute. — Feeling  in  England. — Treaty  with  France. — The  sec- 
ond Assembly. — Dr.  Burke  in  congress. — The  battalions  consolidated. 
— Nine  months'  Continentals. — Defection  prevalent. — The  North 
Carolina  brigade. — The  judges  appeal  to  the  people. — At  the  ad- 
journed session. — For  the  southern  campaign. — Importations  con- 
tinued.— The  fall  of  Savannah. — Militia  for  the  South. — Ashe  sur- 
prised at  Briar  Creek. — Boyd's  defeat. — Light  horse  at  the  North. 
— Sumner  and  Hogun  brigadiers. — The  hardships  of  the  officers. — 
Prices  and  taxes. — Internal  perils. — Movements  of  troops. — Battle 
of  Stony  Point. — The  second  Assembly. — Efforts  to  increase  the  Con- 
tinental force. — Tory  movements. — Battle  of  Stono. — Davie  wounded. 
— Battle  at  Savannah. — Hogun's  brigade  ordered  South. 

The  second  session  of  the  Assembly 

s°Rm3S         Tne  Assembly  reconvened  in  November  and  again  sat  a 

114,418        month.      It    established    superior   courts,    electing    Samuel 

Ashe,  Samuel  Spencer,  and  James  Iredell  the  judges,  and 

Waightstill   Avery   the   attorney-general.     Courts    for  the 

trial  of  civil  causes  that  had  been  suspended  since  1773  were 

xxiv,  »8     thus   reopened   in  the   spring  of    1778.      Many   important 

measures  engaged  the  attention  of  the  Assembly.     It  being 

represented  that  a  large  force  would  probably  be  needed 

at  the  north,  the  legislature  empowered  the  governor  to 

draft  five  thousand  militia,  and  to  command  them  himself, 

or  to  appoint  a  major-general  in  his  place. 

In  the  Continental  Congress  Dr.  Burke  had  been  par- 
ticularly active  and  very  efficient.  He  communicated  to  the 
governor  full  details  of  the  proceedings  of  the  congress 
and  of  his  action  on  the  various  measures  proposed,  his 
s.  r.,xi,  letters  being  in  the  highest  degree  creditable  to  him.  He 
380-389,417  participated  largely  in  the  discussion  upon  the  articles  of 
confederation  and  transmitted  a  brief  of  the  argument. 
These  articles  were  laid  before  the  General  Assembly  at  its 


WORK  OF  THE  LEGISLATURE 


585 


S.  R.,  XII, 

441 ;  xxiv, 
141-144 


November  session,  and  that  body  declined  to  ratify  the  I™ 

entire  instrument.  As  the  Provincial  Congress  had  rejected  November 
Franklin's  plan  two  years  earlier,  so  now  the  Assembly  was 
careful  about  entering  into  any  agreement  with  the  other 
states  that  might  injuriously  affect  the  rights  of  the  people. 
Indeed,  the  permanency  of  the  connection  with  the  other  s.R.,xii, 
colonies  was  so  far  from  being  regarded  as  finally  estab- 
lished that  in  the  state  constitution  it  was  provided  that  the 
delegates  to  the  Continental  Congress,  "while  necessary," 
should  be  annually  chosen. 

Although  Johnston  ascribed  to  General  Person  a  con- 
trolling direction  of  the  house,  yet  the  few  records  of  the 
ayes  and  nays  preserved  in  the  journals  of  that  body  indicate 
that  that  leader  of  the  democrats  was  frequently  in  the 
minority.  He  proposed  without  avail  a  tax  reduction  and  a 
reduction  in  the  compensation  of  the  governor;  and  sim- 
ilarly other  movements  in  the  way  of  seeking  popular  favor 
appear  to  have  been  defeated.  Honors  were  paid  to  Gen- 
eral Nash,  for  whom  a  new  county  was  named;  and  a 
county  also  was  named  in  honor  of  Wilkes ;  and  Washing- 
ton district  beyond  the  mountains,  which  had  been  accorded 
representation  in  the  Provincial  Congress  and  in  that 
Assembly,  was  now  converted  into  a  county.  For  purposes 
of  intercourse  with  it  a  public  road  was  directed  to  be 
constructed  across  the  mountains  leading  into  Burke. 

A  fort  was  built  at  Ocracoke,  and  one  of  the  row-galleys, 
named  the  Caszvell,  was  purchased  from  the  State  of  Vir- 
ginia for  the  better  protection  of  the  commerce  through  that 
inlet.  Commissioners  were  appointed  also  to  repair  Fort 
Johnston  and  build  a  new  fort  commanding  the  bay  at  Point 
Lookout.  The  academy  at  Charlotte  was  revived  under  the 
name  of  Liberty  Hall,  and  early  in  1778  trustees  were  ap- 
pointed to  establish  a  similar  academy  in  the  neighborhood 
of  Hillsboro.  Toward  the  end  of  the  session  some  friction 
appears  to  have  arisen  between  the  two  houses,  especially 
over  the  election  law,  but  eventually  the  house  concurred 
with  the  senate  and  passed  the  act  fixing  the  time  of  the 
annual  meeting  on  April  1st  and  rendering  ineligible  dele- 
gates to  the  general  congress  and  certain  other  officers.  To 
take  the  place  of  the  old-time  vestries,  the  freemen  in  the 


s.  R., 
XXIV,  79 


586 


CASWELL'S  ADMINISTRATION,  1776-80 


«777 
December 


S.  R.,XII, 
>34 


counties  were  directed  to  elect  overseers  of  the  poor  and 
county  wardens,  and  this  change  marked  the  final  separa- 
tion of  church  and  State. 

Colonel  Sheppard  had  been  so  dilatory  in  moving  the 
Tenth  Regiment  to  the  north  that  a  legislative  committee 
investigated  the  causes  of  his  inaction,  and  although  some 
excuse  was  found  in  the  dearth  of  supplies,  on  the  whole 
the  committee  reported  that  his  reasons  were  frivolous  and 
insufficient ;  and  toward  the  end  of  November  he  was  again 
instructed  to  join  the  Grand  Army. 


1777-1778 


Valley  Forge 

That  winter,  the  British  having  occupied  Philadelphia, 
General  Washington  went  into  winter  quarters  at  Valley 
Forge,  twenty-three  miles  west  of  that  city.  There  the  nine 
North  Carolina  battalions  passed  the  winter  subjected  to 
the  most  trying  vicissitudes.  Terrible,  indeed,  were  the 
sufferings  of  all  the  troops  in  that  famous  encampment. 
While  for  the  most  part  the  army  remained  in  their  canton- 
ments, a  special  corps  was  organized  for  rapid  march  to 
harass  the  British  outposts  and  keep  in  check  their  forag- 
ing parties.  The  returns  show  that  about  one-half  the 
North  Carolinians  fit  for  duty  were  engaged  in  these  com- 
mands outside  of  the  regular  quarters.  As  the  season  ad- 
688,689,703  vance(j  wjth  its  unusual  severity,  the  unhappy  situation  and 
destitute  condition  of  the  North  Carolina  line  called  for 
vigorous  measures  of  relief.  The  only  communication  was 
to  the  southward,  and  except  such  provision  and  clothing  as 
could  be  obtained  from  the  unwilling  Pennsylvanians,  the 
army  had  to  be  furnished  from  Virginia  and  North  Caro- 
lina, and  Governor  Caswell  was  unremitting  in  his  endeavors 
to  provide  needed  supplies.  Now  the  value  of  Ocracoke 
still  more  apparent.  Governor  Martin  wrote  in 
January  from  New  York  to  Lord  Germain :  "The  contempt- 
ible port  of  Ocracoke  .  .  .  has  become  a  great  channel  of 
supply  to  the  rebels.  .  .  .  They  have  received  through  it 
very  .  .  .  considerable  importations."  To  close  that  inlet  a 
British  ship  of  war,  two  sloops,  a  brig,  and  privateersmen 
from  New  York  and  England  hovered  along  the  coast, 
charged  with  the  duty  of  capturing  American  vessels.    But, 


s.  RM  XI, 


Supplies 
from  North 
Carolina 


s.r.,xiii,  became 
367 


DOMESTIC  ACTIVITY  587 

on  the  other  hand,  efforts  were  made  to  drive  them  off,  and  *jn 

in  addition  to  the  fortifications  and  state  vessels,  the  New    December 
Bern  merchants  fitted  out  the  Bellona,  carrying  eighteen 
guns,  and  the  Chatham  to  make  reprisals.    To  pay  for  im- 
ported goods,  tobacco  was  shipped  to  foreign  countries,  the 
State  purchasing  and  sending  out  large  quantities  of  that 
commodity.    Salt  brought  in  by  the  State  was  exchanged  for 
pork,  and  Caswell  employed  men  in  every  section  packing 
pork    for    Washington's    army.      All    sorts   of    skins    and  Supplies  for 
leathers  and  all  cloths  fit  for  blankets  were  likewise  ob-  valley 
tained  for  the  soldiers,  sometimes  resort  being  had  to  im-     °r8C 
pressment.     In  the  Albemarle  section,  where  there  were  so 
many  industrious  Quakers,  large  quantities  of  shoes  were 
manufactured,  and  these  were  purchased  not  only  for  the 
army,  but  by  northern  merchants,  who  paid  high  prices  for 
them.    Importations  were  also  made  on  account  of  the  Con-  f^' *u7!* 
tinental  Congress,  and  these  supplies  were  stored  at  South  j'**' 
Quay,  on  the  Blackwater.    From  there  they  were  moved  by 
wagons  to  Valley  Forge.     Means  of  transportation  were 
limited,  and  at  length  four  brigades  of  wagons  were  sent 
from  Pennsylvania  to  haul  stores  from  Edenton  and  South 
Quay  for  the  use  of  the  army,  and  these  supplies  contributed 
to  relieve  the  sufferings  which  the  soldiers  had  so  unmur- 
muringly  endured.     On  February  15th  Caswell  wrote:  "I 
find  our  nine  regiments  .   .    .  very  far  .   .    .  short  of  their 
complement  of  men,  and  those  in  camp  almost  destitute  of 
clothing.    .    .    .    The  officers  of  the   Sixth    Battalion   are 
sent  home  as  supernumeraries.  ...   I  am  to  buy  leather, 
skins,  shoes  and  other  clothing,  procure  manufacturers,  set 
them  to  work,  purchase  salt  and  provisions,  and  procure 
boats  and  wagons  for  sending  those  articles  on.    All  this  I 
am  constantly,  almost  busily,  employed  about  myself,  re- 
ceiving very  little  assistance." 

Early  in  March  General  Mcintosh  reported  that  of  the 
North  Carolina  line  at  Valley  Forge  since  January  50  had   s77rm  xiii, 
died  in  camp ;  that  200  were  then  sick  in  camp,  and  an  equal  377f  428 
number  were  in  hospitals  in  Pennsylvania  and  New  Jersey.   The  North 
The  number  then  at  Valley  forge  was  900;  in  May  there  troops 
were  1100  privates,  while  of  rank  and  file  there  were  1450. 
Colonel    Sheppard's   regiment,   having   lingered   in    North 


588 


CASWELUS  ADMINISTRATION,  1776-80 


Treaty  with 
France 


Dec.,  1777 


lJJZ  Carolina  until  cold  weather  set  in,  spent  the  winter  in  the 

December      smallpox  camp  at  Georgetown,  Md.,  where  more  died  with 
measles  than  from  the  effects  of  innoculation. 

That  winter  was  indeed  terrible  to  the  patriots;  but  it 
was  also  discomforting  to  the  British.  Burgoyne's  entire 
army  having  surrendered  in  October,  that  general  reached 
England  in  December,  and  such  was  the  gloom  and  de- 
spondency in  Great  Britain  that  there  was  much  sentiment 
in  favor  of  a  cessation  of  the  war.  In  the  House  of 
Commons  only  33  majority  was  cast  against  assenting 
to  the  independence  of  America.  Lord  North,  in  urging 
money  for  another  campaign,  declared  as  the  alternative 
that  they  would  have  to  furnish  money  to  bring  the  troops 
home.  This  favorable  news  gave  great  hope  throughout  the 
colonies ;  and  then  in  May  came  the  treaty  with  France, 
followed  quickly  by  the  declaration  of  war  by  France  against 
England  and  the  promise  of  an  immense  fleet  and  four  thou- 
sand veteran  troops  to  end  the  struggle.  When  a  copy  of 
this  treaty  reached  New  Bern  it  was  immediately  published 
under  a  display  of  American  and  French  colors  and  a  triple 
discharge  of  thirteen  pieces  of  cannon  by  the  town  company 
of  militia,  mustered  for  that  purpose.  And  as  the  Gazette 
s.  r.,  xiii,  quaintly  remarked :  "Universal  joy  appeared  in  every  coun- 
435  tenance,  great  plenty  of  liquor  was  given  to  the  populace, 

and  the  evening  concluded  with  great  good  humor  and  social 
mirth." 


1778 

S.  R.,  XII, 

549 


New. 

counties 


The  second  Assembly 

The  new  Assembly  met  on  April  14th  at  New  Bern,  Whit- 
mel  Hill  being  chosen  speaker  of  the  senate  and  Judge  John 
Williams  speaker  of  the  house.  Among  the  new  members 
was  James  Hunter,  who  now  co-operated  heartily  with  the 
Whigs.  Governor  Caswell  gave  a  full  account  of  public 
matters  in  a  message  to  the  legislature.  He  was  again 
elected  governor,  and  the  other  members  of  the  council  were 
re-elected,  Richard  Henderson  taking  the  place  vacated  by 
Harnett.  A  new  county  was  formed  and  named  in  honor 
of  the  victor  over  Burgoyne,  General  Gates;  another  in 
honor  of  Willie  Jones;  others  for  Montgomery  and  Ran- 
dolph, while  the  names  of  Bute  and  Tryon  were  obliterated, 


INDEPENDENCE  OF  BURKE 


589 


and  those  counties  were  respectively  divided  into  Franklin 
and  Warren  and  Lincoln  and  Rutherford. 

On  the  death  of  General  Moore,  Dr.  Burke,  instead  of 
recommending  one  of  the  North  Carolina  colonels  to  fill  the 
vacancy,  urged  the  appointment  of  Colonel  Hand,  of  Penn- 
sylvania, a  gallant  Irishman,  his  action  in  that  matter  calling 
forth  a  vigorous  protest  and  remonstrance  from  the  North 
Carolina  officers.  At  the  annual  election  in  April  he  was 
not  chosen  a  deputy,  Abner  Nash  being  elected  in  his  place. 
Nash,  however,  declined,  and  John  Williams,  of  Granville, 
the  speaker,  was  then  elected,  Thomas  Benbury  becoming 
speaker. 

But  if  Burke  lost  favor  because  of  this  incident,  he  soon 
re-established  himself  in  the  affections  of  North  Carolinians. 
At  the  very  time  he  was  denied  a  re-election  his  action  at 
Philadelphia  was  so  patriotic  that  he  gained  renewed  favor. 
A  majority  of  the  congress  had  drawn  a  communication  to 
General  Washington  which  Dr.  Burke  thought  contained 
an  unmerited  reflection  on  that  general,  and  he  combated 
it  with  great  warmth,  and  with  indignation  retired  from 
the  chamber,  his  withdrawal  breaking  the  quorum.  On 
being  sent  for,  he  expressed  himself  so  vehemently  to  the 
messenger  that  congress  considered  his  action  a  contempt 
of  that  body.  He  explained  that  he  did  not  understand  that 
the  congress  had  sent  for  him,  and  offered  some  apology. 
His  explanations,  however,  did  not  satisfy  the  irate  mem- 
bers, and  then  Burke  manfully  reasserted  his  position, 
caused  the  matter  to  be  fully  spread  on  the  records,  and 
claimed  that  he  was  responsible  only  to  the  legislature  of 
North  Carolina.  The  record  of  the  proceedings  being  sub- 
mitted to  the  next  session  of  the  Assembly,  that  body  ap- 
proved his  course,  and  again  elected  him  a  delegate  in 
congress.  For  a  time,  however,  he  was  retired,  and  when 
the  articles  of  confederation  were  ratified  on  behalf  of  North 
Carolina,  on  July  21,  1778,  they  were  signed  by  John 
Williams,  John  Penn,  and  Cornelius  Harnett. 

The  Assembly  took  measures  for  filling  up  the  continental 
battalions ;  but  on  May  29th  congress  resolved  that  the  bat- 
talions in  camp  should  be  consolidated,  and  a  call  was  made 
on  the  State  to  raise  four  additional  ones,  which,  however, 


1778 


s.  RM  XI, 

563,750 


s.  RM  XIII, 
87i  105,  aoo. 


Dr.  Burke 
at  Phila- 
delphia 


A  nicies  of 
Confedera- 
tion ratified 


590 


CASWELL'S  ADMINISTRATION,  1776-80 


1778 

S.  R.,  XI, 

761 


The 

battalions 

consolidated 


S  R . 
XXIV,  154 


The  nine 

months' 

continentals 


S.  R.,  XII, 
86a 


were  to  remain  at  home  until  ordered  elsewhere.  Pursuant 
to  this  resolution,  the  battalions  in  service  were  reduced  to 
four.  The  Sixth,  originally  commanded  by  Lillington,  and 
later  by  Colonel  Lamb,  was  merged  with  the  First,  of  which 
Thomas  Clark  was  colonel.  The  Fourth,  commanded 
by  Colonel  Polk,  was  merged  with  the  Second,  Colonel 
Patten  remaining  colonel.  The  Fifth  was  merged  with 
the  Third,  Colonel  Sumner  continuing  in  command. 
Colonel  Martin  had  resigned  the  previous  fall;  Colonel 
Polk  now  resigned,  and  Colonel  Hogun  and  the  super- 
numerary officers,  of  whom  there  were  a  large  num- 
ber, were  directed  to  return  to  North  Carolina  for  service 
in  the  new  battalions  when  raised.  Efforts  to  obtain  re- 
cruits under  the  system  of  volunteering,  even  with  the  large 
bounties  offered,  proved  unavailing,  and  the  legislature  di- 
rected that  twenty-six  hundred  men  should  be  detached  from 
the  militia  to  serve  in  the  continental  army  for  nine  months. 
These  were  known  as  the  "nine  months'  men."  A  certain 
quota  was  apportioned  to  each  county,  and  this  number  was 
again  apportioned  by  the  colonel  of  the  county  among  the 
militia  companies,  so  that  every  militia  company  in  the  State 
had  to  furnish  its  proper  share  of  these  troops.  It  was  the 
same  system  that  had  been  devised  for  calling  out  militia- 
men. Volunteers  from  each  company  were  first  to  be  called 
for,  and  to  these  a  bounty  of  $100  was  offered;  and  then,  to 
make  up  the  deficiency  in  its  quota,  each  company  by  ballot 
selected  the  other  men,  and  these  were  to  receive  a  bounty 
of  $50.  Every  one  so  selected  became  a  continental,  and 
those  who  faithfully  served  for  nine  months  were  to  be 
exempt  from  any  military  service  for. a  period  of  three  years. 
All  through  May  and  June  the  militia  companies  were  as- 
sembling in  the  various  counties  and  making  their  selec- 
tions of  nine  months'  men,  and  thus  again  the  war  was 
brought  to  the  very  homes  of  the  people.  In  many  com- 
munities there  was  great  opposition,  for  defection  was  pain- 
fully prevalent.  In  Rowan  Captain  Johnston  was  appointed 
to  adminster  the  oath  of  allegiance  to  the  inhabitants  of  his 
district.  They  attended  at  the  time  and  place  advertised, 
but  when  the  oath  was  read  and  proposed  to  them,  one  of 
the  company  hurrahed  for  "King  George,"  whereupon  about 


MOVEMENT  OF  TROOPS  591 

a  hundred  withdrew  in  a  riotous,  turbulent  manner;  and  ^7f 

when  the  captain  undertook  to  raise  the  quota  of  men  re- 
quired of  his  company  he  found  that  the  majority  were 
Tories,  and  that  the  disaffected  element  controlled  the  draft. 
In  many  other  sections  the  condition  was  not  far  different. 
It  was  with  difficulty  that  the  law  could  be  enforced,  and 
the  drafted  men  responded  but  slowly.  Those  from  the 
eastern  counties  were  to  assemble  at  Halifax,  while  those 
from  the  west  were  to  proceed  to  Paytonsburg,  in  Virginia, 
where  Colonel  Thackston  was  in  command.  Boards  of  con- 
tinental officers  convened  at  Halifax  and  Moore's  Creek  to 
arrange  officers  for  the  new  battalions,  and  Colonel  Hogun 
was  elected  to  command  the  first  that  should  be  organized. 
In  July  his  regiment  was  sufficiently  organized  at  Halifax  s^r.,xiii, 
for  him  to  march,  and  he  moved  northward  with  six  hundred 
men. 

The  three  consolidated  regiments  and  Colonel  Sheppard's  s.  r.,  xiii, 
Tenth  Regiment  had  been  thrown  into  "the  North  Carolina  53< 
Brigade,"  Colonel  Clark  being  in  command,  and  were  with 
Washington  when,  at  the  end  of  June,  he  attacked  Sir  Henry  bri*ade  at 
Clinton  at  Monmouth.    They  did  not  form  a  part  of  Lee's  Monmoul»» 
advanced  corps  that  made  the  disorderly  retreat  at  the  be- 
ginning of  the  engagement,  but  under  Lord  Sterling  they 
held  the  left  of  the  second  line  and  repulsed  the  enemy,  and 
later  were  thrown  forward  close  to  the  British  right  to  renew 
the  engagement.    Night,  however,  closed  in,  and  under  cover 
of  darkness  Clinton  escaped. 

During  that  fall  and  winter  the  brigade  remained  with  ^6R"  XIII» 
Washington  at  Fredericksburg,  near  the  Connecticut  line, 
while  Colonel  Hogun  with  his  new  regiment  of  six  hundred  "°eu"  a5 
men  was  engaged  in   throwing  up   fortifications  at  West 
Point,  which  afterward  became  the  fort  so  famous  in  history. 

The  other  companies  of  nine  months'  men  in  the  summer 
of  1778  went  into  camp,  some  at  Duplin  Court  House,  some 
at  Salisbury,  at  Hillsboro,  and  at  Paytonsburg;  but,  con- 
gress having  failed  to  send  the  bounty  money,  most  of  them 
were  placed  on  furlough  to  remain  at  home  until  the  ensuing 
March. 

As  the  clergy  had  urged  the  people  forward,  so  now  the 
bench  sought  to  enforce  constancy.    Judge  Iredell  forcibly 


592 


CASWELL'S  ADMINISTRATION,  1776-80 


Reanimat- 
ing the 
people 


'J7f  urged  patriotism ;  and  at  the  June  term  of  the  Wilmington 

district  Judge  Ashe,  in  calling  the  attention  of  the  grand 
jury  to  crimes  against  the  State,  adverted  to  the  spirit  of 

s^R^xiii,  disaffection,  saying:  "When  1  consider  our  present  temper 
and  conduct  and  compare  them  with  our  past,  I  lament  our 
depravity.  When  the  accursed  plan  to  enslave  us  was  first 
formed  and  ready  to  be  enforced  against  us,  a  noble  spirit 
animated  us,  our  resentment  kindled,  every  age  and  order 
of  men  glowed  with  zeal ;  each  became  emulous  who  should 
succeed  in  resisting  the  encroachment ;  to  effect  it  all  seemed 
determined  to  venture  everything;  no  danger  was  thought 
too  hazardous,  no  difficulty  was  too  great.  Then  were  com- 
panies formed  and  trained  in  every  neighborhood ;  .  .  .  the 
example  was  forcible,  our  youths  catch  noble  passion ;  nay, 
our  children  of  a  few  years  old  imbibe  it.  But,  alas!  how 
are  we  changed  of  late ;  that  noble  spirit  no  longer  inspires 
us;  the  celestial  fire  is  extinguished,  the  flame  ceases,  it 
glows  no  more.  We  have  suffered  a  fascinating  spirit  of 
avarice  and  extortion  to  take  place  instead.  .  .  .  Lamentable 
defection!  Strange  infatuation!  Can  we  think  the  eager 
pursuit  of  riches  will  preserve  us  ?  .  .  .  Or  is  there  no  dan- 
ger because  the  enemy  are  not  instantly  at  our  doors?  .  .  . 
Our  fate  is  inseparably  linked  with  our  sister  States.  If 
they  fall  we  perish.  America  united  must  stand  or  fall 
together.  .  .  .  For  God's  sake,  then,  let  us  rouse  from  our 
supineness!  Let  that  spirit  which  at  first  animated  us  re- 
vive. .  .  .  Let  the  love  of  our  country  rise  superior  to  the 
.  .  .  base  passion  for  gain.  In  a  word,  let  us  adopt  an  equal 
spirit,  an  equal  love  of  liberty  and  firmness,  with  the  brave 
Corsicans,  who,  oppressed  by  Genoese  tyranny,  in  their  mili- 
tary oath  thus  solemnly  swore :  That  we  will  sooner  die  than 
enter  into  any  negotiation  with  the  Republic  of  Genoa  or 
return  under  its  yoke/  "  Every  opportunity  to  impress  the 
people  was  seized  by  the  patriots  to  strengthen  the  cause. 

In  August  there  was  a  short  session  of  the  Assembly  held 
at  Hillsboro.  Because  attendance  on  the  congress  brought 
so  many  deprivations,  it  was  resolved  to  increase  the  num- 
ber of  deputies  to  five,  requiring  that  three  should  always 
be  present,  while  the  other  two  could  be  on  leave  at  their 
homes.  Whitmel  Hill,  the  speaker  of  the  senate,  and  Thomas 


1778 

The 
delegation 


NEW  INVASION  OF  THE  SOUTH 


593 


Burke  were  elected  as  additional  members,  and  Allen  Jones  *ij* 

succeeded  Hill  as  speaker  of  the  senate.  James  Iredell, 
one  of  the  judges,  having  resigned,  Richard  Henderson  was 
elected  in  his  stead,  but  he  did  not  accept,  and  Archibald 
Maclaine  was  then  chosen.  A  new  issue  of  £850,000  was 
ordered  to  discharge  all  debts,  and  with  the  hope  of  counter- 
acting the  efforts  made  by  disaffected  persons  to  depreciate 
the  bills  of  credit,  which  were  now  rapidly  falling  in  value. 

In  the  early  autumn  it  became  evident  that  the  southern  The  South 
campaign  threatened  the  year  before  was  to  become  a  reality, 
and  South  Carolina  called  loudly  for  assistance,  and  urged 
that  congress  should  ask  Caswell  himself  to  command  the 
troops  sent  by  North  Carolina  to  her  aid.  In  response  con- 
gress called  on  the  State  for  three  thousand  men  for  service 
at  the  south ;  and  Caswell,  with  his  accustomed  zeal,  at  once 
entered  on  the  work  of  organizing  and  preparing  this  force. 
He  ordered  out  the  nine  months'  continentals,  who  were 
then  on  furlough,  and  called  on  the  generals  of  the  militia 
brigade  to  send  forward  their  quotas  for  this  expedition. 


Oct.  16,  1778 


S.  R.,  XIII, 


General  Allen  Jones,  however,  and  many  others  as  well,   s*6R*xm' 
interposed  objections,  saying  that  Caswell  had  no  authority 
to  send  the  militia  from  the  State ;  and  the  want  of  harmony 
led  to  great  delay  in  drafting  the  men. 

Importations    continued,    and    in    January    there    were  importa- 
brought  in  on  the  ship  Holy  Heart  of  testis  twenty-three 
pieces  of  heavy  cannon,  to  pay  for  which  a  hundred  and 
forty  hogsheads  of  tobacco  were  necessary,  and  the  agent  of 
the  State,  Robert  Salter,  was  directed  to  buy  enough  tobacco  ^ 
for  that  purpose. 

Indeed,  privateering  as  a  commercial  venture  was  carried 
on  with  great  energy.  In  the  spring  of  1779  Captain  Biddle 
sent  out  the  Eclipse,  fourteen  guns;  Captain  Snoaye,  the 
Rainbow  and  the  Fanny,  each  fourteen  guns ;  while  Captain 
Ellis  had  three  ships  at  sea  taking  prizes;  and  about  the 
middle  of  May  it  was  reported  that  five  vessels  had  come  into 
New  Bern  with  valuable  cargoes.  The  more  readily  to  im- 
port military  supplies,  the  Assembly  appointed  commissioners 
tc  purchase  and  hire  swift  ships  for  the  State,  and  Colonel 
Benjamin  Hawkins  was  empowered  as  state  agent  to  con- 
duct that  business.    He  was  to  buy  and  export  tobacco  and 


594 


CASWELL'S  ADMINISTRATION,  1776-80 


1778 


S.  R.,  XIII, 
•as 

Howe  in 
Georgia 


Lincoln 

takes 

command 


S.  R.,  XIII, 
30,  55,  956, 
289 


pork,  and,  going  abroad,  was  to  purchase  the  needed  military 
supplies.  Notwithstanding  the  doubtful  issue  of  the  struggle 
at  that  time,  the  State  already  had  some  credit  abroad,  and 
Colonel  Hawkins  was  directed  to  borrow  £20,000  sterling  in 
the  West  Indies  for  state  purposes. 

General  Howe,  who  had  been  promoted  by  congress  to  the 
rank  of  major-general,  still  remained  in  command  of  Georgia 
and  South  Carolina ;  but  he  was  not  agreeable  to  the  South 
Carolina  authorities,  who  found  it  irksome  to  be  defended 
by  a  North  Carolinian,  and  application  was  made  for  his 
removal.  So  in  September  he  was  ordered  to  join  Washing- 
ton, General  Lincoln  being  directed  to  relieve  him.  In  No- 
vember, as  he  was  about  to  depart  from  Charleston,  he, 
however,  received  an  express  from  Georgia  urging  the  im- 
minent danger  of  that  State,  and  requesting  his  aid.  Send- 
ing forward  what  troops  could  be  spared,  he  hurried  to 
Savannah  to  meet  the  invasion.  He  could  muster  but  seven 
hundred  and  fifty  men  besides  the  Georgia  militia.  With 
these  he  took  a  position,  deemed  impregnable,  about  half  a 
mile  below  the  town,  and  was  sanguine  of  repulsing  the 
enemy.  But  the  British  commander,  Colonel  Campbell, 
directed  a  body  of  seven  hundred  infantry,  under  the  guid- 
ance of  a  negro,  to  penetrate  a  swamp  that  had  been  thought 
impassable,  and  suddenly  Howe  found  his  position  untenable. 
A  brisk  engagement  ensued,  and  the  Americans  were  com- 
pelled to  retire.  In  this  retreat  the  Georgia  brigade  ignored 
their  general's  orders  and  suffered  severely.  Driven  from 
Savannah,  Howe  recrossed  into  South  Carolina,  intending 
to  protect  Charleston.  General  Lincoln  reached  North  Caro- 
lina in  November,  and  urged  that  the  intended  reinforce- 
ments for  the  southern  army  should  be  hurried  forward, 
indicating  that  arms  and  equipments,  of  which  there  was  a 
great  scarcity,  could  be  furnished  at  Charleston.  He  arrived 
at  Howe's  camp  on  January  2d,  and  Howe  went  north  to 
the  Grand  Army. 

Caswell  offered  the  command  of  the  detachment  about  to 
be  raised  to  General  Ashe,  who  expressed  a  disinclination 
to  accept  it.  But  the  governor  insisted,  saying  that  one  or 
the  other  must  go,  and  that  the  situation  in  the  State  ren- 
dered his  own  presence  imperative.    To  remove  an  objection, 


MOVEMENT  OF  TROOPS 


595 


he  promised  to  perform  personally  Ashe's  duties  as  treasurer. 
Ashe  finally  accepted  the  commission  of  major-general,  and 
proceeded  to  organize  the  detachments  as  they  reached 
Elizabethtown,  where  the  drafts  were  directed  to  assemble. 
To  fill  the  vacancy  made  by  Ashe's  promotion,  on  January  ist 
Alexander  Lillington  was  appointed  brigadier-general  of  the 
Cape  Fear  district. 

It  becoming  apparent  that  the  British  were  to  make  a 
great  effort  at  the  south,  congress  called  on  North  Carolina 
to  increase  her  re-enforcements  to  five  thousand,  and  Caswell 
ardently  sought  to  respond.  In  addition  to  the  eastern  levies, 
General  Rutherford  was  directed  to  call  out  his  brigade  and 
reinforce  Lincoln.  The  Indians  had  become  hostile  at  the 
west,  so  that  no  troops  could  be  drawn  from  beyond  the 
mountains,  but  Rutherford  hastily  assembled  some  seven 
hundred  men,  and  toward  the  close  of  November  began  his 
march. 

Colonel  Lamb  was  collecting  the  nine  months'  continentals 
at  the  east  and  Major  Lytle  at  the  west,  while  Sumner,  the 
senior  officer  then  in  the  State,  had  general  supervision. 
Early  in  December  Major  Lytle,  with  a  contingent  of  con- 
tinentals, joined  Rutherford ;  but  it  was  a  month  later  before 
Colonel  Lamb  crossed  the  Neuse  with  two  hundred  more, 
and  then  he  was  detained  at  Kingston*  several  weeks  waiting 
for  other  detachments  to  come  in ;  while  Ashe  was  still  de- 
layed at  Elizabethtown,  as  only  one-half  of  the  militia  drafts 
had  assembled.  Rutherford,  being  the  first  to  reach  Charles- 
ton, was  fortunate  in  obtaining  a  fair  supply  of  arms,  but 
the  other  militia  detachments  were  so  ill  supplied  as  to  give 
great  concern.  Caswell  was  convinced  "that  little  service 
could  be  expected  from  them  with  what  they  have/'  When 
the  Assembly  met,  about  the  middle  of  January,  he  reported 
to  that  body  that  of  the  five  thousand  troops  desired  by 
congress,  he  was  fearful  that  not  more  than  half  had  marched, 
and  those  badly  armed.  The  continentals  were  in  better 
plight.  They  were  formed  into  two  battalions,  Sumner  beine 
in  command. 


«779 

John  Ashe, 
major- 
general 


Aid  for  the 
South 


S.  R.,  XIII, 

3»7 


Rutherford 


Ashe 


The  nine 

mouths' 

continentals 


S.  R.,  XIII, 

6ao 
XIV,  48 


*This  name  was  afterward  changed  to  Kinston. 


596 


CASWELL'S  ADMINISTRATION,  1776-80 


S.  RM  XIV, 
33»  39*  5« 
et  seq. 


February 


^779  Ashe  defeated  at  Briar  Creek 

February  j^e  British,  having  taken  Savannah,  had  established  posts 

at  Augusta  and  at  various  intermediate  points  on  the  river. 
Toward  the  close  of  February,  Lincoln,  with  a  considerable 
force,  was  on  the  South  Carolina  side,  near  Savannah. 
Above  him  was  Moultrie's  camp,  while  Rutherford's  brigade 
was  twenty  miles  below  the  point  where  Briar  Creek  empties 
into  the  river  on  the  Georgia  side.  General  Williamson,  with 
twelve  hundred  South  Carolina  militia,  was  higher  up  toward 
Augusta.  Notwithstanding  Ashe's  force  was  so  badly 
equipped  and  only  raw  militia,  Lincoln  selected  it  to  make 
the  first  movement.  By  his  direction  Ashe  marched  rapidly 
from  the  vicinity  of  Charleston,  passed  the  other  detach- 
ments, and,  leaving  his  baggage,  hastened  toward  Augusta. 
On  his  approach  the  British  evacuated  that  post  and  fell 
down  the  west  bank  of  the  river.  Lincoln  having  ordered 
him  to  take  position  at  Briar  Creek,  because  of  information 
as  to  the  insecurity  of  that  position  Ashe  advised  him  that 
it  was  hazardous.  But,  crossing  on  the  25th,  he  vigorously 
pursued  the  retreating  enemy,  reaching  Briar  Creek  on 
the  27th.  His  swift  march  and  energetic  action  was  well 
in  keeping  with  his  decision  of  character.  In  the  swamp 
at  the  forks,  as  ordered,  he  made  his  camp.  He  directed 
his  baggage  to  cross  at  a  point  some  eight  miles  above, 
sending  six  hundred  men  under  Colonel  Smith  to  guard  it, 
and  he  despatched  four  hundred  men  under  Colonel  Caswell 
beyond  the  creek  to  surprise  an  outlying  British  post.  Sum- 
moned by  Lincoln  to  attend  a  council  of  war  at  Rutherford's 
camp,  he  left  his  army,  now  reduced  to  about  six  hundred 
men,  under  the  command  of  General  Bryan,  with  whom  was 
Colonel  Elbert,  an  experienced  continental  officer  of  Georgia, 
and  Major  Lytle,  equally  experienced.  At  the  council  it  was 
decided  that  Williamson  should  cross  and  join  Ashe  and 
they  should  press  down  the  west  bank  of  the  river  and  clear 
the  way  for  Rutherford  and  Lincoln  to  cross  into  Georgia. 
On  Ashe's  return  at  noon  of  March  2d  he  found  vague 
rumors  that  the  British  were  in  his  vicinity,  and  that  Bryan 
was  apprehensive.  There  had  been  friction  between  General 
Bryan  and  himself  from  the  beginning  of  the  march  from 
Elizabethtown,  almost  resulting  in  a  rupture,  and  Ashe  made 


ASHE'S  DEFEAT  AT  BRIAR  CREEK  59; 

light  of  Bryan's  apprehensions.    Two  small  parties  of  horse  w> 

had  been  sent  out  to  reconnoitre,  and  a  strong  line  of  pickets  s.  r.,  xiv, 
had  been  established  three-quarters  of  a  mile  from  the  camp. 
Discrediting  the  rumors  that  could  be  traced  to  no  definite 
source,  and  receiving  no  information  from  the  reconnoitring 
parties,  Ashe  made  no  preparations  to  resist  an  attack, 
but  busied  himself  in  preparing  for  the  forward  movement. 
He  was  arranging  to  cross  the  creek  some  two  miles  south 
of  his  camp  when,  to  his  dismay,  on  the  next  afternoon  Ashe 
Colonel  Smith,  who  was  guarding  the  baggage  up  above,  BUJh^d 
despatched  information  that  a  large  British  force  had  passed 
around  the  swamp  and  was  approaching  from  the  north. 
Almost  immediately  the  pickets  became  engaged;  but  the 
British  column,  consisting  of  nine  hundred  regulars,  brushed 
them  aside,  advancing  rapidly  with  fixed  bayonets  to  sur- 
prise the  camp  before  preparations  could  be  made  to  receive 
them.  In  the  absence  of  preparation  there  was  almost  no  s.  r.,  xiv, 
hope  of  a  successful  defence.  Nor  was  there  any  road  open 
for  retreat.  The  position  assigned  the  North  Carolina  force 
by  Lincoln  was  a  cul  de  sac,  from  which  there  was  no  escape. 
The  drums  beat  an  alarm,  the  outlying  detachments  on  the 
creek  were  ordered  in,  and  the  troops  were  hastily  formed 
into  two  lines  and  served  with  cartridges ;  but  it  was  too  late. 
"We  marched  out  to  meet  the  enemy,  some  carrying  the 
cartridges  under  their  arms,  others  in  the  bosoms  of  their 
shirts,  and  some  tied  up  in  the  corners  of  their  hunting 
shirts.,,  The  first  line,  with  a  few  Georgia  continentals  under  The  battle 
Colonel  Elbert,  and  Colonel  Perkins's  regiment  on  the  right, 
resolutely  engaged  the  enemy.  The  Halifax  regiment  on  the 
left  of  the  second  line  almost  at  the  beginning  of  the  en- 
gagement broke  and  took  to  flight.  The  Wilmington  and 
New  Bern  regiments  after  two  or  three  rounds  followed 
their  example.  The  Edenton  regiment  remained  on  the 
field,  but  after  two  or  three  more  discharges  they,  too,  gave 
way  just  as  Major  Lytle  with  his  command  of  light  infantry 
and  a  brass  piece  came  up.  That  the  first  line  and  a  part 
of  the  second  firmly  stood  their  ground  is  attested  by  the 
heavy  loss  of  one  hundred  and  fifty  killed  and  wounded 
on  the  battlefield. 

The  six  hundred  raw  militia  were  not  able  to  withstand 


598  CASWELL'S  ADMINISTRATION,  1776-80 

I™  nine  hundred  British  regulars.    The  sight  of  the  gleaming 

bayonets  was  too  much  for  the  untrained  militia,  hurriedly 
assembled  and  taken  by  surprise.    The  panic-stricken  second 
line  fled,  and  the  others  soon  following,  Elbert  and  his  thirty- 
five  continentals  alone  remained,  fighting  desperately;  but 
Ramiav,       these  were  quickly  overcome.*    The  militia  sought  safety  in 
11,  a^6     "    the  swamp,  but  one  hundred  and  sixty-two  privates  and 
45.275       '   twenty-four  officers  were  captured.    The  loss  in  killed  was 
'  "**  about  one  hundred  and  fifty.    Those  who  succeeded  in  cross- 

ing the  river,  about  two  hundred,  Ashe  marched  into  Ruther- 
ford's camp;  but  as  most  of  them  had  thrown  away  their 
arms  they  were  now  an  incumbrance  rather  than  of  further 
use  to  Lincoln.  The  others  who  escaped  through  the  swamp 
toward  Augusta,  about  two  hundred  and  fifty,  were  long 
collecting.  Ashe  asked  for  a  court  of  inquiry,  which  found 
much  to  his  mortification,  that  he  had  not  taken  all  the  pre- 
cautions proper  to  secure  his  camp.  But  considering  the 
position  in  which  Lincoln  had  placed  him,  and  the  great 
superiority  of  the  attacking  force,  in  any  event  only  discom- 
fiture awaited  him.  As  the  North  Carolina  militia  were  to 
be  discharged  on  April  10th,  on  that  day  they  began  their 
return  home,  although  their  general  and  many  of  the  officers 
sought  unavailingly  to  persuade  the  men  to  voluntarily  re- 
main. This  detachment  was,  however,  immediately  replaced 
by  another  under  General  Butler. 
2£aiuts  When  Hamilton  was  organizing  his  Loyalist  regiment  in 

defeated  Florida,  as  he  had  prior  to  his  departure  arranged  with  lead- 
ing Tories  in  the  State  to  join  him,  his  adherents  were 
watchful  of  his  movements.  His  regiment  formed  a  part  of 
the  force  that  captured  Savannah,  and  on  the  fall  of  that 
town  the  Tory  leaders  became  active.  Colonel  Boyd,  a 
resident  of  the  lower  Yadkin,  collected  a  force  of  Loyalists, 
and,  marching  through  South  Carolina,  was  joined  by  others, 
who  as  they  proceeded  plundered  the  defenceless  settlements 
through  which  they  passed.  Colonel  Pickens,  determined 
on  revenge,  hastily  embodied  some  three  hundred  men  and 

♦Colonel  Elbert,  desperately  wounded,  had  fallen,  and  a  British 
soldier  was  in  the  act  of  bayonetting  him  when  he  made  a  masonic 
sign,  and  his  life  was  saved.  He  recovered,  became  greatly  distin- 
guished, and  later  was  governor  of  Georgia. 


BOYD  DEFEATED  BY  PICKENS  599 

came  up  with  them  near  Kettle  Creek  as  they  were  making  I™ 

their  way  to  Augusta.  In  an  action  that  lasted  three-quarters 
of  an  hour  the  Tories  were  routed,  about  forty  of  them  being 
killed,  among  whom  was  Colonel  Boyd,  and  the  others  dis- 
persed. Seventy  of  them  were  tried  for  treason  by  the  South 
Carolina  government  and  condemned  to  death,  but  this  whole- 
sale sentence  was  respited,  and  only  five  of  the  ringleaders 
were  executed.  General  Prevost  had  counted  much  on  the 
aid  of  the  Tories  of  upper  Georgia  and  of  the  two  Carolinas, 
and  the  quick  suppression  of  this  first  rising  somewhat  dis- 
concerted his  plans. 

Dickerson's  company  of  light  horse  had  been  taken  into  ™tinentaii 
the  service  of  congress  soon  after  its  organization,  and  »ttheNorth 
served  in  New  York  and  later  in  Pennsylvania,  and  always 
as  a  very  efficient  corps;  but  toward  the  close  of  the  year 
1778  its  numbers  were  so  reduced  that  by  direction  of  con- 
gress it  was  returned  to  the  State,  and  early  in  1779  was 
discharged  from  further  service.  Major  Phifer's  light  horse 
and  Vance's  artillery  also  were  at  the  north  with  the  Grand 
Army,  and  served  at  Brandy  wine  and  elsewhere. 

In  December,  1778,  Colonel  Hogun  was  directed  to  march  s.  R.,  xiv, 
his  regiment  from  West  Point  to  Philadelphia,  as  its  time 
was  soon  to  expire.  The  weather  was  very  severe,  but  after 
a  trying  march  he  went  into  barracks  at  Philadelphia  early 
in  January.  While  he  was  there,  on  January  9,  1779,  con- 
gress found  time  to  make  a  tardy  appointment  of  brigadiers 
for  North  Carolina.  Sumner  and  Hogun  were  appointed,  Sumner  and 
these  being  the  senior  colonels.*  The  former  was  directed  to  Hogun  made 

0  brigadiers 

return  to  the  south,  organize  the  continental  force  then  being 
raised  in  North  Carolina,  and  join  General  Lincoln;  while 
General  Hogun  was  assigned  to  the  command  of  the  brigade,  s.  r.,  xiv, 
which   continued   during   the   winter  and   summer   in   the  3<3°'374 
vicinity  of  West  Point  under  the  immediate  command  of 
Washington. 

Although  congress  and  the  state  authorities  made  pro- 

♦Colonel  Clark  had  long  been  in  command  of  the  brigade,  while 
Hogun  bad  only  his  own  battalion:  and  the  Assembly  urged  Clark's 
appointment  as  brigadier,  but  Hogun's  commission  as  colonel  was 
two  months  older  than  Clark's,  and  he  had  so  greatly  distinguished 
himself  at  Germantown  that  Congress  did  not  heed  the  wishes  of  the 
Assembly. 


6oo 


CASWELL'S  ADMINISTRATION,  1776-80 


The  distress 
of  the 
officers 


Pref.  Notes, 
S.  R.,  XIV; 
Tiii,  30s 


vision  for  the  continental  soldiers,  the  officers  had  to  depend 
on  their  pay  for  supplies ;  and  because  of  the  depreciation 
of  the  currency  and  the  scarcity  of  cloth,  their  condition 
became  insupportable.  They  complained  bitterly  that  the 
legislature  paid  no  attention  to  their  distresses ;  and  at  length, 
in  the  spring  of  1779,  they  held  a  meeting  at  West  Point 
and  resolved  that  they  would  resign  to  a  man  unless  the 
General  Assembly  supplied  their  needs.  This  action  was  not 
without  effect.  The  Assembly  directed  that  they  should  have 
provisions  furnished  them  at  the  following  prices:  Rum, 
8  shillings  per  gallon ;  sugar,  3  shillings  per  pound ; 
tea,  20  shillings;  soap,  2  shillings;  and  tobacco,  1  shil- 
ling; and  that  they  should  have  a  complete  suit  of  clothing 
at  what  it  would  have  cost  at  the  time  they  first  went  into 
service;  and,  moreover,  that  they  should  have  half  pay  for 
life,  and  that  the  lands  granted  to  them,  as  well  as  to  the 
soldiers,  should  be  exempt  from  taxation  while  owned  by 
them  or  their  widows.  This  provision  was  accepted  as  satis- 
factory, and  the  storm  that  was  brewing  passed  away. 

In  the  Assembly  it  is  to  be  noted  that  General  Person  was 
still  proposing  low  salaries  without  avail ;  the  house  was 
largely  against  him.  The  paper  currency,  which  at  the  be- 
ginning of  1777  was  at  par,  a  year  later  was  three  for  one, 
and  in  1779  opened  six  for  one.  To  mitigate  the  hardships 
of  taxation,  commodities  were  to  be  received  for  one-half  of 
each  assessment.  The  price  of  corn  was  fixed  at  33  cents 
per  bushel;  wheat,  43  cents;  rice,  81  cents;  pork,  3J  cents; 
beef,  2 J  cents;  tallow,  9  cents;  Hour,  2 \  cents;  salt,  2 J  cents 
per  pound ;  tobacco,  $3  per  hundred ;  salt  pork,  $9.37  per 
barrel.  The  money  of  that  period  was  so  bulky  that  Treas- 
urer Skinner  made  a  remonstrance  to  the  Assembly  that  it 
was  unsafe  to  carry  large  cartloads  of  currency  through  the 
country  without  a  guard. 

The  better  to  supply  the  troops,  each  county  was  required 
to  supply  a  certain  number  of  hats  and  shoes  and  stockings, 
yards  of  woollen  or  cotton  cloth  and  of  linen,  apportioned 
according  to  their  population.  Rowan's  contribution  was 
124  hats,  248  pairs  of  shoes  and  stockings,  248  yards  of 
woollen  cloth,  and  524  yards  of  linen;  there  was  no  cotton 
cloth  to  speak  of  made  at  that  time.    There  were  thus  to  be 


s.  R.,  XIII, 
8xa 


Currency^ 
depreciation 


Taxation 


S.  R.,  XIV, 
«55 


TORY  MOVEMENTS  601 

collected  about  3000  hats,  twice  that  number  of  shoes  and  XJJ* 

stockings  and  yards  of  woollen,  and  more  than  12,000  yards  s.  r.,  xn, 
of  linen  for  the  use  of  the  troops.    The  value  of  these  articles 
was  to  be  ascertained  by  three  freeholders  in  each  county, 
the  amount  being  deducted  from  the  taxes  assessed. 

There  had  been  much  opposition  to  the  movement  of 
troops  to  the  southward,  but  when  the  legislature  assembled 
in  the  middle  of  January  events  of  such  importance  had  lw 
happened  that  there  was  no  longer  any  opposition  to  Cas- 
well s  patriotic  course.  The  governor  was  empowered  to 
order  out  at  any  time  so  many  of  the  militia  as  he  should 
deem  necessary,  and  to  march  them  wherever  needed.  In 
addition  to  preparing  against  foreign  invasion,  the  Assembly 
now  had  to  apprehend  domestic  insurrection.  British  emis-  s.  r.,  xiii, 
saries  were  actively  stirring  the  people  up  to  sedition.  As 
a  part  of  their  plan  for  invasion,  George  Carey,  a  British 
naval  officer,  came  in  a  vessel  to  the  Cape  Fear,  under  a  flag 
of  truce,  to  distribute  manifestoes  offering  terms  of  settle- 
ment to  the  people,  without  regard  to  continental  or  state 
authorities.  He  was  promptly  seized  and  thrown  into  jail 
by  Francis  Clayton  and  John  Walker.  The  vigilance  of 
the  Whigs  detected  movements  in  the  central  counties  that 
excited  grave  apprehension.  Realizing  the  danger,  the 
Assembly  directed  Governor  Caswell  to  embody  with  all 
possible  expedition  two  hundred  and  fifty  infantry  and 
twenty-five  horsemen  to  take  possession  of  Cumberland 
County,  and  to  disarm  all  persons  in  Cumberland,  Anson, 
Guilford,  Tryon,  and  other  counties,  who  might  give  trouble 
to  the  cause. 

Before  any  action  could  be  taken,  early  in  February  Colonel  ^ 
John  Moore,  a  Tory  of  Tryon  County,  raised  three  hundred  261 
men,  and  he  claimed  that  there  were  two  thousand  more 
ready  for  enrolment.  Caswell,  now  fully  authorized,  acted 
with  his  customary  decision.  A  force  of  seven  hundred  and 
fifty  light  horse  was  called  out,  Allen  Jones  being  appointed 
to  command  it,  and  two  thousand  militia  were  drafted  to  meet 
at  Salisbury  on  March  25th. 

The  command  of  this  corps,  whose  ultimate  destination   s.  r.,  xiv, 
was  to  replace  the  detachment  at  the  south,  then  about  to 
return  home,  was  bestowed  on  General  John  Butler,  of  the 


I     !  602  CASWELL'S  ADMINISTRATION,  1776-80 

j  ljn  Hillsboro  district.     Calling  his  council  together,  the  gov- 

I  ernor  proceeded  with  them,  along  with  the  troops  from  the 

east,  first  to  Campbellton  and  then  to  Charlotte,  where  he 
arrived  early  in  April.  The  disaffected  inhabitants  were 
readily  overawed,  Moore  fleeing  the  country  and  joining 
Gen.  Butier  Colonel  Hamilton's  regiment,  and  on  April  nth  General 
Butler  took  his  departure  with  seven  hundred  militia  for 
G«n.  Augusta.    General  Sumner  likewise  reached  Moultrie's  camp 

about  the  end  of  March,  and  in  May  reported  seven  hun- 
dred and  fifty  of  the  nine  months'  men  on  his  rolls,  of  whom 
four  hundred  and  twenty  were  present  fit  for  duty,  divided 
into  two  regiments  designated  as  the  Fourth  and  Fifth  Con- 
tinentals, commanded  by  Colonel  Gideon  Lamb  and  Major 

.« »  Lyt,e- 

,|  jj  In  April  the  nine  months  expired  for  which  the  regiment 

J ...j!  organized  by  General  Hogun  at  Halifax*  had  enlisted,  and 

I  T  Colonel  Mebane  was  directed  to  march  it  from  Philadelphia 

,|  :.*  back  to  the  State.     He  reached  Halifax  on  May  ioth,  and 

I  i,  ■■;  the  regiment  was  soon  disbanded.    The  time  for  which  Gen- 

eral Butler's  detachment  was  called  out  was  to  expire  in 
July,  and  when  the  Assembly  met  in  May  it  directed  that 
'  k  two  thousand  new  men  should  be  sent  to  replace  that  force. 

'    !1  £u1r,6xYv9       O"  ^av  3Ist  tne  British  had  captured  Stony  Point,  about 

*  327  thirty  miles  below  West  Point,  and  Washington  resolved  to 

1  Stol,y Polnt    retake  it.    General  Wayne  was  selected  for  this  purpose.    In 

organizing  a  force  for  the  secret  expedition  he  chose,  among 
others,  the  Second  North  Carolina  Continentals.  It  was  to 
be  a  night  attack,  and  the  approach  was  over  a  quagmire 
crossed  by  a  single  causeway.  .  A  forlorn  hope  was  neces- 
sary, and  Major  Hardy  Murfree  volunteered  with  two  of 
his  companies  for  this  post  of  honor.  Just  before  midnight, 
with  unloaded  muskets,  the  assault  was  made.  A  deadly 
discharge  of  grape  and  musketry  swept  through  the  ad- 
vancing column,  but  without  avail.  The  enterprise  wras 
successful,  and  the  entire  garrison  were  either  killed  or 

♦The  four  new  battaiions  sent  to  the  North  were  raised  for  twelve 
months,  and  on  the  termination  of  their  enlistment  many  joined 
the  other  battaiions.  But  these  in  time  came  to  be  so  reduced  that 
the  brigade  consisted  of  only  two  battalions,  Clark's  and  Patton's. 
Hogun's  battalion  thus  was  at  first  spoken  of  as  the  seventh,  but 
later  as  the  third. 


WORK  OF  THE  LEGISLATURE 


603 


captured.  General  Wayne  himself  was  wounded,  and  Cap- 
tain John  Daves,  second  in  command  under  Murfree,  was 
dangerously  wounded,  but  eventually  recovered.  This  most 
brilliant  feat  of  arms  brought  great  credit  and  honor  to  all 
engaged  in  it,  and  none  deserved  higher  commendation  than 
the  North  Carolinians. 

The  new  Assembly  was  to  meet  at  New  Bern,  but  the 
smallpox  was  raging  so  violently  in  that  vicinity  that  Gov- 
ernor Caswell  suggested  that  it  should  assemble  at  Smith- 
field,  where  it  convened  May  3d.  Allen  Jones  and  Thomas 
Benbury  were  again  chosen  speakers,  and  in  the  senate 
Samuel  Johnston  reappeared  as  senator  from  Chowan. 
Caswell  was  continued  as  governor.  Maclaine  declined  the 
judgeship,  deprecating  his  own  abilities,  and  recommended 
the  appointment  of  John  Williams,  who,  having  served  a 
year  in  the  Continental  Congress,  was  now  willing  to  aban- 
don a  post  of  honor  whose  compensation  was  so  insufficient ; 
and  he  was  elected  to  the  vacancy  on  the  bench.  As  honor- 
able as  was  the  service  in  the  Continental  Congress,  the  great 
expense  attending  it  rendered  the  position  undesirable,  and 
those  chosen  delegates  were  not  eager  to  go  to  Philadelphia. 
Indeed,  for  long  periods,  only  one  delegate  from  North 
Carolina  was  in  attendance.  The  congress  therefore 
recommended  an  increase  in  the  delegation,  and  Burke, 
Sharpe  and  Hewes  were  added  to  the  other  delegates,  the 
Assembly  agreeing  to  pay  their  actual  expenses  and  to  leave 
their  compensation  to  the  next  Assembly.  General  Bryan, 
on  his  return  from  Briar  Creek,  having  resigned,  Colonel 
William  Caswell  was  chosen  to  succeed  him;  and  in  the 
absence  of  General  Butler  at  the  south,  Ambrose  Ramsay 
was  appointed  to  serve  temporarily  in  his  stead.  The 
legislature,  considering  that  it  would  be  well  for  the  General 
Assembly  to  meet  at  some  fixed  place  near  the  centre  of  the 
State  where  the  offices  could  be  kept,  appointed  a  commis- 
sion to  select  the  most  convenient  places  in  Johnston,  Wake, 
and  Chatham  counties,  and  report  a  description  of  each  place 
to  the  next  Assembly.  Thomas  McGuire  was  chosen  attor- 
ney-general in  the  place  of  Waightstill  Avery,  who  had  re- 
signed that  appointment,  and  John  Pugh  Williams  was 
elected  brigadier-general  in  the  place  of  General  Skinner, 


1779 


May,  1779 
S.  R.,  XIII, 

784.  79« 


John 
Williams 
itucceeds 
Iredell 

Changes  in 
officers 


S.  R.,  XIII, 
753 


604 


CASWELL'S  ADMINISTRATION,  1776-80 


S   R 
XXIV,  a54 


Efforts  to 
en  list 
continentals 


who  resigned ;  and  the  State  being  divided  into  six  treasury 
districts,  William  Skinner,  William  Cathey,  William  Johns- 
ton, Green  Hill,  Richard  Cogdell,  and  John  Ashe  were 
chosen  treasurers  of  their  respective  districts. 

It  being  evident  that  continental  troops,  trained  and  dis- 
ciplined in  long  continuous  service,  would  be  more  effective 
than  short-time  militia  called  from  their  fields  to  action  and 
anxious  to  return  to  cultivate  their  farms,  unusual  efforts 
were  made  to  enlist  continentals.  To  that  end  it  was  pro- 
posed that  any  ten  militiamen  who  should  furnish  one  con- 
tinental recruit  to  serve  eighteen  months  should  themselves 
be  exempt  from  all  military  service  for  that  period,  except 
only  in  case  of  actual  invasion  or  insurrection.  By  this 
means,  together  with  a  liberal  bounty,  it  was  hoped  that  two 
thousand  continentals  could  be  recruited  by  July.  But  all 
these  hopes  were  disappointed,  and  only  about  six  hundred 
were  raised,  so  that  in  July  Governor  Caswell  was  obliged 
to  make  another  call  on  the  militia  districts  for  a  force  to 
relieve  General  Butler,  the  command  of  the  new  levies  being 
conferred  on  General  Lillington.  As  the  detachments  were 
being  collected,  however,  a  large  force  from  Virginia  passed 
through  the  State  to  the  aid  of  General  Lincoln,  relieving 
his  necessities;  so  for  a  time  Lillington's  drafts  returned 
to  their  homes.  And,  indeed,  there  were  other  considera- 
tions that  pressed  Governor  Caswell  to  defer  this  expedi- 
tion. In  Edgecombe,  Nash,  and  Johnston  Tory  leaders  were 
harboring  deserters  who  had  signed  articles  of  association 
to  prevent  the  militia  from  being  drafted,  and  who  inaugu- 
rated a  reign  of  lawlessness,  requiring  a  military  force  to 
restore  civil  authority.  While  at  the  west  the  Tories  were 
again  active,  and  Rutherford  reported  that  there  was  an 
organized  band  in  Burke  publicly  robbing  the  friends  of 
America  and  murdering  them,  and  that  a  conspiracy  was 
forming  for  a  rising  immediately. 

On  June  20th  General  Lincoln  attacked  Colonel  Maitland 
at  Stono,  in  the  vicinity  of  Charleston.  General  Butler's 
militia  composed  the  right  and  General  Sumner's  con- 
tinentals the  left  of  the  attacking  force.  In  the  front  of  the 
British  line  was  Colonel  Hamilton  with  his  regiment  of 
Loyalist  North  Carolinians.     Both  militia  and  continentals 


s.  R.,  XIV, 
319. 3*> 


181 


The  Tories 
active 


S.  R.,  XIV, 
3*« 


>«9i  »37 
Lee  s 
Memoirs, 
130 

Stono 


BATTLE  OF  STONO 


605 


behaved  admirably.  General  Butler,  much  gratified,  reported 
to  Governor  Caswell  that  he  could  with  pleasure  assure  him 
that  the  officers  and  men  under  his  command  behaved  better 
than  could  have  been  expected  of  raw  troops.  Lieutenant 
Charlton,  of  the  continental  brigade,  was  killed  and  Major 
Hal  Dixon  was  wounded, as  also  was  Major  William  R.Davie. 
It  was  the  twenty-third  birthday  of  this  young  officer,  des- 
tined in  after  years  to  attain  eminence  both  in  military  and 
civil  life.  He  was  in  command  of  a  detachment  of  cavalry. 
In  a  cavalry  charge  he  was  wounded  and  fell  from  his  horse. 
His  company  soon  began  to  retire,  when  a  private,  although 
the  enemy  were  but  a  few  yards  distant,  deliberately  placed 
the  wounded  officer  on  his  horse  and  led  him  from  the  field. 
Davie  never  knew  the  name  of  his  deliverer.  The  wound 
in  his  leg  was  so  severe  that  the  major  was  incapable  of 
further  service  during  that  year. 

In  July,  the  British  having  retreated  from  their  demon- 
stration against  Charleston,  General  Sumner  marched  his 
continentals  to  Camden,  and  being  in  ill  health,  he  returned 
to  North  Carolina  and  addressed  himself  to  securing  more 
continental  recruits.  The  enlistment  of  many  of  his  men 
expired  in  August,  but  others  were  constantly  being  sent  to 
his  camp,  and  about  August  1st  Colonel  Lamb  led  a  large 
detachment  from  the  east  to  Camden,  where  he  was  joined 
by  others  from  Salisbury.  The  sand  hills  of  the  Peedee 
were  found  to  be  most  healthful  and  admirably  located  for 
a  camp,  and  the  continentals  remained  there  until  the  last 
of  the  month,  when  they  marched  to  Charleston. 

But  hardly  had  they  reached  Charleston  when  a  French 
fleet,  bearing  an  army  of  thirty-five  hundred  men,  arrived 
in  the  Savannah  to  co-operate  with  Lincoln  in  an  attack  on 
the  British  garrison  of  that  post.  The  allies  concentrated 
there  early  in  September,  but  a  month  passed  before  the 
French  were  ready  to  attack,  and  North  Carolina  militia 
were  hurried  forward,  but  were  detained  at  Charleston  by 
General  Moultrie.  In  the  attacking  column  were  the  North 
Carolina  continentals;  with  the  defenders  were  Hamilton's 
Loyalist  regiment.  Though  ultimately  unsuccessful,  the 
attack  was  made  with  great  resolution,  and  for  a  time  the 
standard  of  the  North  Carolinians  floated  over  the  parapet 


1779 


S.  R.,  XIV, 
3".  3»5 

Death  of 
Charlton 


S.  RM  XIV, 
«57»  3*5.  338 


The 

continentals 
on  the 
sand  hills 


S.  R.,  XIV. 
344 

Savannah, 
October  9th 

McRee's 
Iredell,  I, 
435 


606  CASWELL'S  ADMINISTRATION,  1776-80 

]™  of  the  Spring  Hill  redoubt.    The  French  lost  700  men  and 

iumoin,      *^e  continentals  240  out  of  a  corps  of  600. 
«4«  As  the  British  plans  developed,  the  invasion  of  the  South 

wore  such  a  threatening  aspect  that  toward  the  close  of 
brigade*       September  congress  directed  the   North  Carolina  brigade 
to  reinforce  General  Lincoln,  but  Washington  detained  them 
for  a  time,  and  it  was  not  until  November  23d  that  the 
brigade  broke  camp  on  the  Hudson  and  began  its  long 
seR*  'fiv    niarch  to  South  Carolina.     About  the  middle  of  February 
798  '       '  General  Hogun  reached  Wilmington  with  about  seven  hun- 
dred men,  and  on  March  3d  went  into  camp  at  Charleston. 
A  little  later  Washington  also  sent  all  of  the  Virginia  con- 
tinentals south. 

In  1779  the  counties  of  Wayne,  Montgomery  and  Rich- 
mond were  established,  the  last  named  for  the  Duke  of  Rich- 
mond, while  its  county  seat  was  called  Rockingham,  in  honor 
of  two  friends  of  the  colonists  in  Parliament. 


CHAPTER  XXXV 

Nash's  Administration,  1780-81 

The  confiscation  act. — Islington's  brigade. — The  fall  of  Charles- 
ton.— The  prisoners  suffer. — Death  of  Hogun. — The  delayed  rein- 
forcements.— Tarleton's  quarters. — Invasion  apprehended. — Caswell 
major-general. — De  Kalb's  reinforcements  arrive. — Gates  to  com- 
mand.— Activity  of  Rutherford. — Ramseur's  Mill. — Rutherford  pur- 
sues Bryan. — Plans  of  Cornwallis. — De  Kalb  encamps  on  Deep 
River. — Davie's  enterprise. — Gates  advances. — Battle  of  Camden. — 
Death  of  De  Kalb. — Gallantry  of  Gregory  and  Dixon.— Gates's  ride. 
— The  disaster. — At  Charlotte. — Sumter's  negligence. — Davie  in  ad- 
vance.— The  spirit  of  the  people. — New  supplies. — Preparations  for 
defence. — The  Assembly  acts. — The  Board  of  War. — Smallwood 
supersedes  Caswell. 

The  confiscation  act 

The  Assembly  convened  about  the  middle  of  October.  JJJ 

The  members  felt  that  they  had  temporized  long  enough  with  ^£v 
the  malcontents,  and  a  bill  was  passed  to  carry  into  effect  the  «63-a68 
act  of  1776,  confiscating  the  property  of  Tories.  It  was  a 
strong  and  sweeping  act  of  confiscation.  Willie  Jones  and 
a  dozen  other  representatives  entered  a  vigorous  protest 
against  it.  "It  involves  such  a  complication  of  blunders  and  ^2R"  XIII» 
betrays  such  ignorance  in  legislation  as  would  disgrace  a 
set  of  drovers/'  protested  Jones,  with  emphasis.  At  that 
time,  as  later,  hundreds  of  hogs  were  driven  in  droves  from 
one  part  of  the  State  to  another  where  a  market  could  be 
found,  and  the  men  so  employed  were  known  as  "drovers." 
But  notwithstanding  Jones's  disgust,  the  measure  was 
passed,  although  later  its  severity  was  tempered,  and  it 
was  not  carried  into  full  operation.  Many  of  those  who 
would  not  take  the  oath  of  allegiance  were  allowed  to  re- 
main in  the  enjoyment  of  their  homes,  but  became  known 
even  in  the  acts  of  the  Assembly  as  "non-jurors." 

General  Jones  having  been  appointed  a  delegate  to  con- 
gress, William  Eaton  became  brigadier  of  the  Halifax  dis- 


6o8 


NASH'S  ADMINISTRATION,  1780-81 


1779 

November 


Gen. 
Lillington 

S.  R.,  XIV, 
993 


S.  R.,  XV, 

336 


trict,  and,  John  Pugh  Williams  declining  in  the  Edenton 
district,  Colonel  Isaac  Gregory  was  also  promoted. 

To  aid  General  Lincoln,  a  detachment  of •  three  thousand 
men  was  ordered  to  be  embodied  and  sent  to  South  Carolina, 
and  toward  the  end  of  December  General  Lillington  led  it 
southward.  This  brigade  served  at  Charleston.  The  period 
of  the  enlistment  expired  just  as  Charleston  was  being  closed 
up  by  the  besieging  British,  and  for  the  most  part  these 
troops  remained  and  were  surrendered. 

From  the  first  there  had  been  a  law  that  continental 
officers  were  not  to  command  militia,  and  although  there 
were  in  the  State  many  fine  officers  trained  in  the  con- 
tinental army  unemployed,  this  regulation  debarred  them 
from  service  with  the  militia  detachments.  But  somehow 
Major  Hal  Dixon  and  Major  Nelson  served  with  Lillington, 
who  during  the  campaign  wrote  to  the  governor:  "I  think 
myself  very  happy"  in  their  appointment,  "and  could  freely 
wish  your  Excellency  would  recommend  these  gentlemen 
to  the  Assembly  if  there  should  be  more  militia  sent  to  the 
southward."  That  recommendation  was  followed,  and  Major 
Dixon  subsequently  had  command  of  a  militia  regiment  that 
did  great  credit  to  the  State. 


1780 


Lee's 

Memoirs, 

148 


The  fall  of  Charleston 

The  British  being  in  possession  of  Savannah,  it  was  appre- 
hended that  Charleston  would  be  their  next  point  of  attack, 
and  strenuous  efforts  were  made  to  put  that  city  in  a  state 
of  defence.  On  February  10th  Sir  Henry  Clinton,  having 
arrived  with  an  additional  force  from  New  York,  disem- 
barked on  John's  Island,  and  at  the  end  of  March  he  passed 
the  Ashley  River  above  Charleston,  taking  possession  of  the 
Neck,  across  which  Lincoln  had,  as  defensive  measures,  cut 
a  canal,  constructed  abattis,  and  built  strong  redoubts  and 
batteries.  It  was  thought  that  the  British  fleet  could  be 
successfully  opposed ;  but  on  April  9th  it  passed  the  bar, 
ran  by  Fort  Moultrie,  and  took  possession  of  the  harbor. 
To  prevent  its  ascent,  the  channel  of  Cooper  River  was  hur- 
riedly obstructed  by  sinking  there  the  entire  American  fleet, 
and  so  the  way  was  still  open  for  General  Lincoln  to  retire 
from  the  city  if  he  had  chosen  to  do  so. 


SUFFERINGS  OF  PRISONERS 


609 


S.  R.,  XV, 

24-46 


But  the  citizens  entreated  him  to  hold  the  city,  and  in 
the  vain  hope  of  relief,  he  yielded  to  their  earnest  appeals. 
It  was  expected  that  the  Virginia  continentals,  as  well  as 
militia  from  that  State  and  the  two  Carolinas,  would  come 
to  his  aid,  and  that  he  would  be  able  to  raise  the  siege  when 
these  succors  came.  On  April  6th  Colonel  Harrington,  with 
some  of  the  North  Carolina  militia,  arrived,  having  entered 
the  city  by  way  of  Addison's  Ferry,  and  Governor  Rutledge 
was  collecting  the  South  Carolina  militia  on  the  Peedee,  and 
awaiting  the  arrival  of  the  Virginia  troops  and  Caswell's 
brigade. 

Day  by  day  the  enemy  approached  nearer  and  nearer,  until 
at  length,  on  April  24th,  Lincoln  made  a  determined  sortie 
to  drive  off  their  working  parties.  The  detachment  for  this 
assault  numbered  three  hundred  men,  composed  of  Hogun's 
North  Carolinians,  Woodford's  Virginians,  and  twenty-one 
South  Carolina  continentals.  The  interruption  to  the  opera- 
tions of  the  enemy  was  ineffectual ;  and  other  than  this  one 
effort,  Lincoln  simply  endured  the  trying  ordeal  of  his  un- 
fortunate predicament.  The  fire  of  the  British  along  the 
lines  was  continuous,  and  daily  a  few  of  the  brave  de- 
fenders fell  at  their  posts.  In  all,  the  American  loss 
was  89  killed  and  140  wounded;  that  of  the  besieging 
force  being  about  the  same.  At  length,  all  hope  of 
relief  having  faded  away,  and  all  avenues  of  escape  being 
closed,  and  the  citizens  wearying  of  the  siege,  General 
Lincoln  convened  a  council  of  his  officers,  and  by  their  ad- 
vice agreed  to  surrender.  The  capitulation  took  place  on 
May  12th.  His  army  at  that  time  numbered  two  thousand 
continentals,  five  hundred  of  whom  were  then  in  the  hos- 
pitals. In  addition,  there  were  more  than  a  thousand  militia, 
nearly  all  North  Carolinians,  for  there  were  but  few  South 
Carolina  militia  in  the  city. 

By  the  surrender  the  entire  North  Carolina  line,  embracing 
the  new  battalions  as  well  as  Hogun's  brigade,  was  elim- 
inated from  the  contest,  all  that  were  left  being  those  on 
sick  leave  and  such  officers  as  were  at  home  unemployed. 
Included  in  the  surrender  were  General  Hogun,  Colonels 
Clark,  Patten,  and  Mebane  and  fifty-nine  other  officers  and 
eight  hundred  and  fourteen  rank  and  file.    Under  the  terms 


s.  R.,  xv, 

398 


May  ia 


Marshall's 

Washington, 

333 


S.  R.,  XIV, 
8j6,  817,  8ai 

Destruction 
of  the 
Continental 
Line 


6io 


NASH'S  ADMINISTRATION,  1780-81 


I780 


The 

prisoners 

suffer 


Prcf.  Notes, 
S.  RM  XV, 
xiv,  297 


Death  of 
General 
Hogun 
Biog.  Hist. 
N.  C.,  IV, 
196 


of  capitulation  the  militia  were  paroled  and  allowed  to  re- 
turn to  their  homes,  but  the  continentals  were  kept  in  the 
harbor. 

The  officers  were  located  on  Haddrell's  Point,  opposite 
the  city,  while  most  of  the  men  were  confined  on  the  prison 
ships.  The  privates  were  subjected  to  horrible  ill-usage,  and 
many  died  from  confinement  on  shipboard  in  that  hot  climate 
without  suitable  provision  being  made  for  them.  The  con- 
dition of  the  officers  was  somewhat  better.*  But  while  the 
officers  had  some  conveniences,  and  engaged  in  gardening 
and  had  some  amusements  among  themselves,  still  they 
underwent  great  privations.  Notwithstanding  some  supplies 
furnished  by  North  Carolina  under  a  flag  of  truce,  food  was 
very  scarce,  and  a  petition  to  fish,  in  order  to  add  to  their 
limited  supply,  was  refused  by  the  British  commander.  To 
relieve  the  pressure  of  feeding  these  prisoners,  Lord  Ger- 
main, writing  to  Cornwallis,  said :  "What  appears  to  me  the 
most  practicable  measures  for  the  purpose  are  the  inducing 
the  prisoners  to  enter  on  board  the  ships  of  war  or  privateers, 
or  to  go  as  recruits  to  the  regiments  in  the  West  Indies,  or  as 
volunteers  to  serve  upon  the  expedition  against  the  Spanish 
settlements  from  Jamaica;  and  your  Lordship  will  there- 
fore take  the  proper  steps  for  dispersing  as  many  of  them 
as  possible  in  these  several  ways,  or  in  such  other  ways  as 
may  occur  to  you  as  more  practicable  and  effectual."  Con- 
formably to  these  directions,  a  considerable  number  of  the 
prisoners  were  sent  to  the  West  Indies  and  were  in  a 
measure  forced  by  the  British  into  their  service. 

General  Hogun  sought  to  counteract  the  influences  ex- 
erted by  the  authorities  to  detach  the  prisoners  from  the 
American  cause,  and  although  offered  leave  to  return  home 
on  parole,  he  refused  to  be  separated  from  his  men.  He 
knew  that  his  absence  would  facilitate  the  efforts  of  the 


s.  rm  xv, 
386 


♦On  March  27th,  Colonel  Washington  while  reconnoitering  had 
come  up  with  a  party  of  the  British,  and  in  the  engagement  that 
ensued  killed  seven  and  took  several  prisoners,  among  whom  was 
Colonel  Hamilton.  Thus  it  happened  that  Colonel  Hamilton  was 
a  prisoner  in  Charleston  at  the  surrender  and  was  retaken  by  his 
friends.  Of  a  kindly  and  generous  disposition,  he  rendered  much 
service  to  the  North  Carolinians,  whose  misfortunes  appealed  to  his 
sympathy. 


DEATH  OF  HO  GUN 


611 


British  in  seeking  recruits  among  the  half-starved  prisoners, 
and  he  fell  a  victim  to  his  sense  of  duty.  He  died  at  Had- 
drell's  Point  January  4,  1781,  a  striking  illustration  of  devo- 
tion and  self-sacrifice.  Of  the  eighteen  hundred  regulars 
who  went  into  captivity  on  May  12,  1780,  only  seven 
hundred  survived  when  they  were  paroled.  After  an  im- 
prisonment of  twelve  months  an  exchange  of  officers  was 
agreed  on ;  those  who  had  not  died  in  captivity  were  landed 
on  James  River  and  those  exchanged  returned  to  the  army. 

General  Lincoln,  in  determining  to  hold  Charleston,  was  in 
expectation  that  great  efforts  would  be  made  to  relieve  him. 
The  South  Carolina  militia  were  collecting;  continentals 
were  ordered  to  his  aid  from  Virginia,  and  North  Carolina 
sent  forward  a  brigade  of  seven  hundred  men  under  Brig- 
adier William  Caswell.  As  Caswell  marched  from  Cross 
Creek,  the  advance  of  the  expected  reinforcements,  four 
hundred  Virginia  continentals  under  Colonel  Buford  reached 
the  Santee,  but  the  entrance  to  the  city  was  then  closed, 
and  toward  the  end  of  April  these  detachments  went  into 
camp  near  Lanier's  Ferry,  on  the  Santee,  where  President 
Rutledge  was  then  concentrating  the  South  Carolina  militia. 

Quickly  after  the  fall  of  Charleston  the  British  occupied 
Augusta  and  Ninety-six,  and  Cornwallis  led  a  heavy  force 
toward  Rutledge's  camp,  Caswell  and  Buford  falling  back 
before  him  toward  Camden.  There  they  separated,  and 
Caswell  retreated  to  Cross  Creek,  where  he  arrived  June  2d, 
while  Buford  took  the  upper  route  to  Charlotte. 

On  reaching  Camden  Cornwallis  despatched  Colonel 
Tarleton  with  his  cavalry  and  some  mounted  infantry  in 
pursuit  of  Buford,  who  was  overtaken  at  the  Waxhaws, 
thirty-five  miles  from  Charlotte.  Tarleton  demanded 
an  immediate  surrender  on  the  same  terms  agreed  on 
at  Charleston.  These  Buford  refused.  While  the  flags 
were  passing  Tarleton  made  his  disposition  for  an  assault. 
The  instant  the  truce  was  over  his  cavalry  made  a  furious 
charge  upon  the  unsuspecting  continentals,  who  had  no 
orders  to  engage.  In  dismay  and  confusion,  they  offered 
no  effective  resistance,  but  threw  down  their  arms  and  asked 
for  quarter.  No  quarter  was  given.  More  than  100  were 
butchered  on  the  spot,  and  150  were  so  badly  hacked  up  that 


1780 

S.  R.,  XvT 
45» 


The  delayed 
reinforce- 
ments 


Pref.  Notes, 
S.  RM  XIV, 


Lee's 

Memoirs, 

164 


S.  R., 
827 


XIV, 


Lee's 

Memoirs, 

165 

B 11  ford's 
defeat 


6i2  NASH'S  ADMINISTRATION,  1780-81 

XJ^Z  they  could  not  be  removed  and  for  that  reason  had  to  be 

paroled  where  they  fell.  Only  53  were  preserved  as  prison- 
ers. Buford,  with  a  few  cavalry  and  less  than  100  of  the 
infantry,  being  the  advance  guard,  managed  to  escape.  He 
fled  to  Charlotte,  where  Colonel  Porterfield,  of  Virginia,  had 
arrived  with  a  detachment  of  cavalry  and  artillery  as  well  as 
infantry.  Alarmed  at  the  situation,  Porterfield  withdrew  his 
force  at  once  to  Salisbury,  and  Tarleton  returned  to  Camden. 
This  butchery  at  Waxhaw  aroused  great  indignation,  and 
was  commonly  spoken  of  as  "Tarleton's  Quarters."  While  it 
created  some  dread  of  falling  into  his  hands,  and  made  him 
and  his  corps  particularly  odious,  it  inflamed  the  passions 
of  the  Americans  and  added  increased  animosity  to  the 
conflict.* 

Invasion  apprehended 

South  Carolina  being,  like  Georgia,  occupied  by  the  Brit- 
ish, the  inhabitants  generally  were  subjugated;  and  it  was 
expected  that  Cornwallis  would  make  no  delay  in  invading 
North  Carolina,  which  lay  defenceless  at  his  feet.  A  fleet 
was  daily  looked  for  to  take  possession  of  Wilmington,  and 
it  was  apprehended  that  columns  from  Camden  would  pene- 
trate to  Cross  Creek  and  Charlotte ;  but  happily  Cornwallis 
postponed  further  operations  until  he  had  established  civil 
government  in  South  Carolina. 
April,  1780  While  the  siege  of  Charleston  was  in  progress  the  new 
Assembly  met  at  New  Bern  on  April  17th.  Governor  Cas- 
Abncr  wen  being  no  longer  eligible  as  governor,  Abner  Nash  was 

governor  chosen  to  succeed  him.  For  three  years  Caswell  had  been 
the  most  important  man  in  the  commonwealth.  He  had 
discharged  with  great  zeal  and  efficiency  every  patriotic  duty. 
Probably  no  other  man  could  have  done  so  well.  Unfortu- 
nately, under  the  constitution  he  could  not  be  longer  re- 

♦Banastre  Tarleton  was  then  less  than  twenty-six  years  of  age,  A 
student  of  the  law,  this  was  his  first  military  service.  He  was 
below  middle  size,  but  muscular  and  active,  and  was  a  daring  officer, 
capable  of  great  endurance.  Of  a  dark  complexion  and  piercing 
black  eye,  he  became  noted  for  the  violence  of  his  temper  and  his 
sanguinary  disposition.  In  his  warfare  he  disregarded  every  prompt- 
ing of  humanity. 


MOVEMENTS  IN  THE  SOUTH  613 

tained  in  the  discharge  of  executive  functions.    But  he  was  *J£ 

not  to  remain  unemployed.  May 

So  urgent  now  was  the  necessity  for  prompt  and  decisive  xx*v 
action  that  the  Assembly  at  once  created  him  commander-in-  331*  339*  341 
chief  of  the  militia,  with  the  rank  of  major-general,  and 
ordered  a  draft,  in  addition  to  that  commanded  by  William 
Caswell,  of  four  thousand  men.  As  usual,  the  men  were 
slow  in  turning  out,  some  declaring  that  they  would  not 
leave  their  homes  until  their  bounty  was  paid,  and  no  money 
had  been  provided  for  that  purpose.  His  son  having  re- 
turned to  Cross  Creek,  Major-General  Caswell  ordered  the 
eastern  drafts  to  assemble  there,  and  he  also  hastened  to 
that  point. 

On  the  departure  of  Clinton  from  New  York  on  his  £fn£j^'g 
southern  expedition,  congress,  realizing  the  importance  of  n,enttarriYe 
making  determined  resistance,  ordered  south,  in  addition 
to  the  unfortunate  corps  of  Colonel  Buford,  detachments 
under  Colonel  William  Washington  and  Colonel  Armand 
and  the  First  and  Second  Maryland  regiments  and  a  regi- 
ment of  artillery,  all  to  be  under  the  command  of  Major- 
General  De  Kalb. 

These  troops  were  too  late  to  save  General  Lincoln,  but 
their  appearance  in  North  Carolina  was  timely.  The  sur- 
render of  the  southern  army  at  Charleston  and  the  destruc- 
tion of  Buford's  corps  caused  great  dismay  among  the  patri- 
ots, while,  on  the  other  hand,  the  Tories  were  jubilant.  The 
arrival  of  De  Kalb  with  his  regulars,  well  supplied  with 
ammunition,  tended  in  some  measure  to  restore  confidence ; 
but  yet  all  military  movements  were  delayed  and  hampered 
by  the  want  of  provisions,  that  could  not  be  immediately 
supplied. 

On  the  surrender  of  Lincoln,  as  De  Kalb  was  not  thought  Gales*" 
equal  to  the  command  of  the  department,  Gates,  wearing  high 
honors  as  the  victor  over  Burgoyne,  was  despatched  to  direct 
affairs  at  the  south ;  and  Colonel  Morgan,  who  had  achieved 
a  great  reputation  by  his  operations  with  his  corps  of  light 
infantry,  but  who  had  been  temporarily  in  retirement  from 
illness,  was  urged  to  again  enter  upon  active  service  and  aid 
in  defending  the  southern  states. 


614 


NASH'S  ADMINISTRATION,  1780-81 


it€o 

June 


Graham's 
Graham, 
ai3  etseq. 


Activity  of  Rutherford 

Although  the  interior  of  North  Carolina  was  now  open  to 
the  victorious  British,  Cornwallis  found  it  necessary  to  de- 
vote some  attention  to  affairs  in  South  Carolina.  Nor  did 
he  desire  to  enter  on  a  campaign  until  a  plentiful  supply  of 
provisions  could  be  assured  from  the  maturing  crop.  So 
while  relying  much  on  the  assistance  of  the  Tory  inhab- 
itants, he  directed  them  to  remain  quiet  in  their  homes  until 
he  should  call  them  to  action.  Thus  for  a  time  there  was 
a  period  of  quietude. 

But  because  of  the  proximity  of  the  enemy,  early  in  June 
General  Rutherford,  always  zealous  and  resolute,  called  out 
his  brigade,  of  whom  eight  hundred  promptly  assembled,  and 
on  the  14th  of  that  month,  at  Mallard's  Creek,  somewhat 
to  the  east  of  Charlotte,  he  organized  his  command.  A 
battalion  of  light  infantry  was  committed  to  Colonel  Will- 
iam L.  Davidson,  a  continental  officer,  and  two  small  troops 
of  cavalry  under  Captains  Simmons  and  Martin  were 
assigned  to  Major  Davie.  On  that  evening  Rutherford  re- 
ceived information  that  the  Tories  were  embodying  in 
Tryon  County,  some  forty  miles  to  the  northwest,  and  fear- 
ing to  reduce  his  own  force,  he  directed  Colonel  Locke  and 
Captains  Falls  and  Brandon,  of  Rowan,  and  Major  Wilson, 
of  Mecklenburg,  to  make  every  effort  to  disperse  them.  He 
himself  advanced  to  the  south  of  Charlotte. 


Ramseur's  Mill 

Colonel  John  Moore,  whose  family  resided  near  Ramseur's 
Mill,  on  the  south  fork  of  the  Catawba,  had  joined  the 
British  army  the  preceding  winter,  and  now  had  returned 
home,  announcing  himself  as  lieutenant-colonel  of  Hamil- 
Toriesrise  ton's  regiment.  He  was  soon  joined  by  Nicholas  Welch,  a 
major  of  the  same  regiment,  and  the  Tory  inhabitants,  feel- 
ing certain  that  the  time  had  come  for  a  rising,  on  June  20th 
nearly  thirteen  hundred  of  them  assembled  at  Ramseur's 
Mill. 

In  view  of  this  movement,  Rutherford  made  such  dis- 
positions that  Colonel  Locke  felt  strong  enough  to  attack 
Moore  and  his  followers.  The  Tories  were  encamped  on 
a  hill  half  a  mile  north  of  the  present  village  of  Lincolnton, 


BATTLE  OF  RAMSEUR'S  MILL 


6i5 


with  a  gentle  slope  in  front  and  a  clear  fire  for  two  hundred  ^ 

yards.  Locke  having  reached  their  neighborhood  at  day-  Junc»th 
break,  the  attack  was  made  by  the  mounted  companies  of 
Captains  Falls,  McDowell,  and  Brandon,  the  infantry  under 
Colonel  Locke  being  near  at  hand.  The  Whigs  got  the  better 
of  the  battle.  At  times  the  two  parties,  having  no  distinctive 
uniforms,  mingled  without  being  aware  of  it.  Eventually 
the  Whigs  obtained  possession  of  the  ridge  at  first  occupied 
by  the  Tories,  who,  however,  reformed  across  the  neighbor- 
ing creek,  being  much  more  numerous  than  their  assailants. 
Rutherford,  however,  had  advanced  into  that  vicinity,  and  Tories 
after  some  parley  the  Tories  dispersed.  Moore  sought  safety  dn^n€d 
in  flight,  and  with  thirty  men  succeeded  in  reaching  the 
British  camp  at  Camden ;  the  others  returned  to  their  homes. 
The  loss  on  each  side  was  about  the  same.  Fifty-six  lay 
dead  on  the  ridge  where  the  battle  was  hottest,  with  others 
scattered  on  the  flanks.  In  addition,  a  hundred  of  each 
party  were  wounded.  Fifty  of  the  Tories  were  taken  prison- 
ers. "In  this  battle  between  neighbors,"  says  General  Gra- 
ham, "near  relations  and  personal  friends  fought  on  either 
side,  and  as  the  smoke  would  from  time  to  time  rise  from 
the  field  they  could  recognize  each  other  engaged  in  deadly 
contest.  In  the  evening  and  on  the  next  day  the  relations 
and  friends  of  the  dead  and  wounded  came  in,  and  a  scene 
was  witnessed  of  affliction  and  distress  quite  indescribable. 
Of  the  Whigs,  Captains  Falls,  Dobson,  Smith,  Bowman,  and  g™^'* 
Armstrong  were  killed,  and  Houston  and  McKissick  "* 
wounded  ;  while  of  the  Tories,  Captains  Cumberland,  Murry, 
and  Warlick  were  killed  and  many  well-known  inhabitants 
wounded.  So  distressing  was  the  result  of  this  first  en- 
counter between  the  Whigs  and  Tories  of  that  immediate 
section  that  from  that  time  onward  the  Loyalists  never 
actively  engaged  against  their  Whig  neighbors." 

On  the  second  day  after  the  dispersal  of  Moore's  Tories   Ruthcrfotd 

.  .  pursues 

at  Ramseur's  Rutherford  received  information  that  a  con-  Bryan 
siderable  number  were  embodying  in  the  forks  of  the  Yad- 
kin, at  the  north  end  of  Rowan,  near  Surry,  some  seventy- 
five  miles  distant,  under  the  command  of  Colonel  Bryan. 
He  immediately  despatched  Davie  with  his  cavalry  to  Wax- 
haw  Creek  to  watch  the  British,  while  he  himself  hastened  to 


6i6  NASH'S  ADMINISTRATION,  1780-81 

'jfa  attack  Bryan.     That  active  commander,  however,  crossed 

June  to  the  east  of  the  Yadkin  and  continued  his  route  through 

those  settlements  which  were  much  disaffected,  being  joined 
so  generally  by  the  inhabitants  that  by  the  time  he  passed 
Abbott's  Creek  his  force  had  swollen  to  seven  or  eight  hun- 
dred men.  Rutherford  hoped  to  intercept  him,  but  Bryan, 
panic-stricken  by  the  result  of  the  affair  at  Ramseur's, 
marched  night  and  day  until  he  was  able  to  form  a  junction 
with  a  British  force  under  Major  McArthur,  whom  Corn- 
wallis  had  thrown  forward,  and  who  advanced  to  Anson 
Court  House. 

Cornwallis's  plans 
s  r.,xv,         These  movements  of  the  Tories  were  premature.     Corn- 
asa  wallis  wrote  on  June  30th  that  he  had  established  satisfac- 

tory correspondence,  and  had  seen  several  people  of  credit 
from  North  Carolina,  and  they  all  agreed  in  assuring  him 
of  the  "good  disposition  of  a  considerable  body  of  the 
inhabitants,"  but  that  it  would  be  impossible  to  subsist  troops 
there  until  after  the  harvest.  He  therefore  had  sent  emis- 
saries, recommending  in  the  strongest  terms  that  they  should 
attend  to  their  harvest  and  remain  quiet  until  the  king's 
troops  should  enter  the  province.  He  referred  to  Moore's 
rising  as  having  been  "excited  by  the  sanguine  emissaries 
of  the  very  sanguine  and  imprudent  Lieutenant-Colonel 
Hamilton,"  and  hoped  that  no  evil  would  result  from 
that  "unlucky  business."  Although  advised  of  every  detail 
of  the  American  movement,  Cornwallis  had  no  apprehensions 
but  that  North  Carolina  would  at  his  pleasure  be  "perfectly 
s.  r.,  xivt  reduced."  Expecting  an  immediate  invasion  of  North 
501, 5oa  Carolina,  following  the  complete  pacification  of  South  Caro- 
lina, the  American  troops  had  been  concentrated  well  to  the 
north,  to  give  time  for  the  arrival  of  reinforcements;  but 
toward  the  end  of  June  De  Kalb  determined  to  move  for- 
ward, and  established  a  camp  on  Deep  River,  awaiting  a 
supply  of  provisions  to  carry  him  into  the  Peedee  section. 
De  Kaib  There  was  a  sandy  barren,  virtually  destitute  of  provisions, 

DeCe^5ve?  as  of  inhabitants,  lying  between  the  Deep  River  and  Cross 
Creek,  and  extending  to  the  west  and  south  toward  the 
South  Carolina  line;  but  in  the  Peedee  section  supplies  were 


AFFAIR  AT  HANGING  ROCK  617 

generally  very  abundant.    About  the  middle  of  July  De  Kalb  UOl 

took  post  at  Coxe's  Mills,  on  the  Deep  River,  where  General  ^R.  XIV« 
Caswell  with  the  militia  joined  him,  while  General  Ruther-   Ju,y 
ford  and  General  Harrington  moved  cautiously  down  near 
the  Cheraws,  Sumter  and  Davie  being  still  further  in  ad- 
vance. 

Davie's  enterprise 

In  the  meantime,  Davie,  with  his  small  body  of  cavalry, 
was  manifesting  a  spirit  of  enterprise  that  has  rarely  been 
equalled  in  partisan  warfare.  Being  in  the  vicinity  of  Hang-  Jf*^, 
ing  Rock,  one  of  the  British  outposts,  on  July  20th  he  inter-  ««9.  «7« 
cepted  a  convoy  of  provisions  and  clothing  intended  for  that 
garrison.  The  dragoons  and  Loyalists  who  guarded  the 
convoy  were  captured  and  the  horses  and  arms  safely  brought 
off,  but  the  wagons  of  provisions  had  to  be  destroyed.  A 
few  days  later  he  unexpectedly  appeared  at  Hanging  Rock, 
intercepting  three  companies  of  mounted  infantry  who  were 
returning  from  an  expedition,  and  in  plain  view  of  the  garri-  w£*ej5r,N 
son  cut  them  to  pieces,  securing  one  hundred  good  muskets  c.,  11, 189* 
and  sixty  horses  by  that  adventure.  His  own  loss  so  far 
had  not  been  a  single  man.  He  and  Colonel  Sumter,  of 
South  Carolina,  and  Colonel  Irwin,  of  North  Carolina, 
now  arranged  for  a  combined  attack  on  Hanging  Rock, 
to  be  undertaken  on  August  5th.  Davie's  force  had 
increased  to  about  five  hundred  men  and  Sumter's  to 
three  hundred.  Among  the  garrison  were  Hamilton's 
regiment  and  Bryan's  Tories,  and  North  Carolinians  again 
faced  each  other  on  the  battlefield.  Just  after  break  of  day 
the  assault  was  made,  and  the  Americans  took  the  garrison 
by  surprise.  At  first  they  routed  the  enemy  and  possessed 
themselves  of  the  camp ;  but  the  pursuit  and  the  plunder  of 
the  camp  threw  the  Whigs  into  great  confusion,  and  the 
enemy  rallying,  a  retreat  became  necessary.  An  hour  was 
spent  in  plundering  the  camp,  taking  the  paroles  of  British 
officers  and  attending  to  the  removal  of  the  wounded,  and 
then  the  men,  loaded  with  plunder,  marched  off  cheering 
for  the  American  cause. 


6i8 


NASH'S  ADMINISTRATION,  1780-81 


1780 

August 


Schenck, 

North 

Carolina, 

1780-81, 

76-79 


Activity  at 
the  West 


Musgrove's  Mill 

While  Davie  was  active  in  that  quarter,  the  mountain  men 
were  operating  farther  to  the  west.  Colonel  Charles 
McDowell,  having  been  joined  by  Colonel  Shelby  and  Lieu- 
tenant-Colonels Sevier  and  Clarke  at  his  camp  near  Cherokee 
Ford,  on  Broad  River,  despatched  them  with  some  six 
hundred  men  to  attack  the  Loyalist  leader,  Patrick  Moore, 
who  had  a  fortified  post  on  Pacolet  River.  They  were  suc- 
cessful, Moore  surrendering  some  ninety-three  Loyalists  and 
two  hundred  and  fifty  stands  of  arms.  Immediately  after- 
ward Colonel  Ferguson  arrived  in  their  vicinity,  and  a 
skirmish  took  place  at  Cedar  Springs,  the  Americans  retreat- 
ing, but  carrying  off  some  fifty  prisoners  from  the  field. 
McDowell,  learning  that  there  were  five  hundred  Tories 
encamped  at  Musgrove's  Mill,  on  the  Enoree,  some  forty 
miles  distant,  again  detached  Shelby,  Clarke,  and  Williams, 
with  seven  hundred  horsemen,  to  surprise  them.  Skilfully 
avoiding  Ferguson,  they  reached  the  Tory  camp  at  dawn 
on  the  morning  of  August  19th,  and  meeting  a  strong  patrol 
party,  a  skirmish  ensued.  At  that  juncture  Shelby  learned 
that  the  Tories  had  been  heavily  reinforced  by  a  regiment 
of  British  regulars.  Shelby  at  once  constructed  some  breast- 
works, and  sent  forward  a  small  party  to  lure  the  advancing 
force  into  ambush.  The  stratagem  succeeded.  The  British, 
hastily  pursuing  the  retreating  party,  rushed  in  disorder  to 
where  the  Whigs  were  concealed,  and  their  commander, 
Colonel  Innes,  and  all  the  other  British  officers  except  one 
subaltern  having  been  killed  or  wounded,  the  pursuit  was 
turned  into  a  rout,  and  the  Americans  drove  them  beyond 
the  Enoree.  The  British  loss  was  63  killed  and  160  wounded 
and  taken,  while  that  of  the  Americans  was  only  4  killed  and 
9  wounded.  General  McDowell,  having  now  received  in- 
formation of  the  disaster  at  Camden,  withdrew  his  forces, 
and  Colonel  Shelby  retired  beyond  the  mountains,  while 
Colonels  Clarke  and  Williams  conveyed  the  prisoners  to 
Virginia. 


Gates  advances 
s.  R.,  xiv.       On  July  31st  General   Caswell  united  his  forces,   com- 
sm.  s«8, 530  p0Se(|  0f  t|ie  eastern  brigade  under  General  Isaac  Gregory 


TMEftTRE   OF  OPCJUTIOWS 
WW 
OtTHERN  CAMPAIGN, 

REFERENCC 


DEFEAT  AT  CAMDEN 


619 


and  that  of  General  John  Butler,  with  Rutherford's  at  the  J*£ 

Cheraws,  and  General  Gates,  who  had  joined  De  Kalb,  was  Au«ust 
about  to  make  a  junction  with  him.  Colonel  Porterfield,  of 
Virginia,  with  three  hundred  Virginia  continentals,  was  also 
coming  up,  while  General  Stevens,  with  seven  hundred  Vir- 
ginia militia,  was  at  Coxe's  Mills  getting  supplies  to  subsist 
his  troops  while  en  route  to  the  advanced  forces.  By 
August  7th  Gates  reached  Caswell,  and  a  week  later  the 
combined  forces  encamped  at  Rugeley's  Mills,  in  the  vicinity 
of  Camden,  where  the  British  had  established  their  head- 
quarters. Since  the  defeat  of  Buford  all  that  region  had 
been  harried  by  strong  bands  of  Loyalists.  The  Tories  had 
joined  their  partisan  leaders,  and  those  inhabitants  who 
sympathized  with  the  American  cause  had  either  fled  from 
their  homes  or  had  been  captured  and  carried  away  by  their 
enemies.  The  country  was  deserted  and  was  a  scene  of 
desolation.  It  was  with  the  greatest  difficulty  that  food 
could  be  obtained  for  man  or  beast  from  day  to  day. 

Being  informed  by  General  Sumter  that  a  convoy  of  stores   Le«'s 
for  the  army  at  Camden  was  approaching  from  Ninety-six,   j^™01* 
and  that  he  could  intercept  it  at  the  ferry,  one  mile  below 
Camden,  if  supplied  with  artillery,  Gates  now  detached  four 
hundred  men  under  Colonel  Woolford,  of  the  Maryland  line, 
with  two  light  pieces  to  aid  Sumter  in  that  service. 

Gates  having  brought  together  his  remaining  troops 
determined  to  take  an  advantageous  position,  which  had  been 
carefully  selected,  about  five  miles  from  Camden,  and  on 
the  night  of  August  15th  moved  his  army  forward  for  the 
purpose  of  occupying  it. 

The  battle  of  Camden 

In  the  meantime  Cornwallis,  having  been  apprised  of  the   au^.  16,1780 
advance  of  the  American  army,  left  Charleston  with  a  large   Mcm'oira, 
re-enforcement,  and  reached  Lord  Rawdon  at  Camden  on  ***' 

the  14th.  In  that  extremely  hot  season  it  was  convenient 
to  make  military  movements  at  night  rather  than  in  the  day. 
At  ten  o'clock  on  the  night  of  the  1 5th  Cornwallis  set  his  troops 
in  motion  with  the  purpose  of  attacking  Gates  at  early  dawn. 
Gates  had  ignored  the  value  of  cavalry,  and  knew  nothing 
of  Cornwallis's  movements.    Assuming  that  Rawdon's  force 


620  NASH'S  ADMINISTRATION,  1780-81 

JJ*Z  was  largely  inferior  to  his  own,  on  the  same  night,  the  15th, 

August  he  marched  with  confidence,  taking  no  precautions.  About 
half-past  two  o'clock  that  night,  while  leisurely  on  the 
march,  his  army  came  unexpectedly  in  collision  with  the 
British  force  that  had  moved  out  to  surprise  him.  The 
meeting  was  unexpected  to  both.  The  British  quickly 
routed  Armand's  troop  of  a  hundred  horse,  in  the  advance, 
which  recoiled  at  the  unexpected  discharge,  became  dis- 
ordered and  retired.  Close  behind  were  Porterfield's  corps 
on  the  right  and  Major  Martin  Armstrong's  light  infantry, 
North  Carolina  militia,  on  the  left.  These  resolutely  with- 
stood the  enemy  and  brought  them  to  a  halt,  but  unhappily 
the  gallant  Colonel  Porterfield  fell  in  this  first  encounter. 
Prisoners  being  taken  on  both  sides,  the  commanding  gen- 
erals soon  became  aware  of  the  unexpected  situation.  The 
two  armies  remained  through  the  night,  excited,  ardently 
looking  for  the  apprpach  of  day,  anxious  for  the  conflict. 
Gates  arrayed  his  army  promptly,  Maryland  and  Delaware 
continentals  under  Gist  on  his  right,  North  Carolina  militia 
under  Caswell  in  the  centre,  Virginia  militia  under  Stevens 
on  the  left.  The  First  Maryland  Brigade  under  Small- 
wood  formed  the  reserve.  De  Kalb  took  post  on  the  right, 
while  Gates  placed  himself  between  the  line  of  battle  and 
the  reserve.  Cornwallis's  right  wing  under  Webster,  com- 
posed of  disciplined  regulars,  at  dawn  made  a  furious  assault 
on  the  Virginia  militia,  and  the  brave  Stevens  had  to  endure 
the  mortifying  spectacle  of  his  brigade  seeking  safety  in 
flight,  throwing  away  their  arms  without  exchanging  more 

383R  * XV'  tnan  one  fire  w*tn  tne  enemy.  Caswell's  militia  in  the  centre, 
now  threatened  both  in  front  and  flank,  soon  followed  this 
shameful  example.  Stevens,  Caswell,  and  Gates  struggled 
hard  to  rally  the  fugitives,  but  in  the  entire  absence  of 
cavalry  the  attempt  was  hopeless  and  the  panic  continued. 
General  Rutherford  acted  with  distinguished  gallantry, 
but  received  a  musket  ball  through  his  thigh,  which  disabled 
him,  and  he  fell  prostrate  on  the  field.  General  Butler  vainly 
endeavored  to  keep  the  centre  of  the  North  Carolina  line 

Rams«y'»      in  position,  but  it  quickly  gave  way.     General  Gregory  on 


Hist. 


isay  s 
.  U.  SM 


11*350      '   tne  right  was  more  fortunate.    His  courageous  example  was 
Gregory        followed  by  a  large  part  of  his  brigade,  and  he   stoutly 


DEFEAT  AT  CAMDEN  621 

maintained  his  position  and  adhered  to  the  Maryland  line;  lJ^Z 

but  he,  too,  was  wounded  in  the  thickest  of  the  fight.  In-  a^! 
deed,  twice  was  he  wounded  by  the  bayonet,  and  many  of 
his  brigade  had  no  other  wounds  than  from  the  bayonet.  But 
the  odds  were  too  heavy.  On  the  American  right  the 
continentals  and  Major  Hal  Dixon's  regiment  of  North  Hal  Di*on 
Carolina  militia  stood  their  ground  with  devoted  courage. 
They  made  stubborn  resistance.  Indeed,  they  not  only  re- 
pelled the  attack,  but  drove  the  enemy  back  from  their 
first  advanced  position.  Although  greatly  outnumbered, 
resorting  to  the  bayonet,  they  rushed  the  enemy  before 
them,  taking  many  prisoners.  Smallwood,  advancing,  cov- 
ered their  left  flank,  but  soon  was  borne  down  by  Corn- 
wallis's  heavy  columns.  De  Kalb  made  one  last  resolute  £||ei/a1,iof 
attempt  for  victory,  and  fell  with  eleven  wounds.  Again 
the  bayonets  of  bloody  butchers  were  about  to  pierce  him, 
when  his  aide-de-camp,  Colonel  Du  Buysson,  covered  the 
prostrate  general  with  his  own  body  and  received  the  bayonets 
thrust  at  his  friend.  The  old  hero  poured  out  his  life  blood 
for  American  liberty  and  shortly  expired,  honored  by  his 
foes  and  lamented  by  his  friends.  The  Delaware  regiment 
was  nearly  annihilated.  More  than  one-third  of  the  con- 
tinentals were  killed  and  wounded  and  a  hundred  and  sev- 
enty taken  prisoners.  A  hundred  of  the  North  Carolina 
militia  also  fell  on  the  field,  and  three  hundred  were  cap- 
tured. Rutherford,  badly  wounded,  was  taken,  and  for  a 
time  North  Carolina  lost  his  valuable  services.  As  resolute 
and  courageous  as  were  this  brave  man  and  General  Greg- 
ory, neither  won  higher  commendation  than  Major  Dixon. 
"None/*  says  Lee  in  his  *' Memoirs  "  "can  withhold  applause   £fes . 

'  J  '  rsr  Memoirs, 

from  Colonel  Dixon  and  his  North  Carolina  regiment  of  *** 
militia.  Having  their  flank  exposed  by  the  flight  of  the 
other  militia,  they  turned  with  disdain  from  the  ignoble 
example.  ...  In  every  vicissitude  of  the  battle  this  regiment 
maintained  its  ground,  and  when  the  reserve  under  Small- 
wood,  covering  our  left,  relieved  its  naked  flank,  forced 
the  enemy  to  fall  back."  Dixon's  troops  emulated  the  noble 
ardor  of  their  leader. 

Dr.    Hugh    Williamson,    who    was    surgeon-general    on  s.  rmxv, 
Caswell's  staff,  attended  the  prisoners,  of  whom,  however, 


622 


NASH'S  ADMINISTRATION,  1780-81 


1 780 

Booth  Boote 


Gates's  ride, 
Wheeler, 
HUt.  North 
Carolina,  II, 
«94 


Graham's 
Graham, 
•43 


The 
disaster, 
Ramsay's 
Hist.  U.  SM 
H.  351 


S.  R.,  XIV, 
569*  570 


no  satisfactory  returns  could  be  obtained,  as  the  British 
commissary  of  prisoners  was,  says  the  doctor,  "one  Booth 
Boote,  whose  character  does  not  appear  to  be  diversified 
by  a  single  virtue,  and  who  would  never  do  anything  that 
would  prove  acceptable  to  us." 

General  Gates  hardly  waited  to  learn  the  issue  of  the 
battle.  Not  succeeding  in  rallying  the  Virginia  militia,  al- 
though he  and  General  Caswell  made  a  third  and  last  at- 
tempt, more  than  half  a  mile  distant  from  the  battle,  he 
made  no  new  dispositions,  gave  no  further  orders,  but  aban- 
doning his  army  and  his  stores,  he  made  such  hot  haste  that 
at  only  a  few  miles  from  the  field  he  was  the  first,  except 
alone  one  frightened  horseman,  to  meet  Major  .Davie,  then 
advancing  to  unite  with  the  army.  He  was  the  first  to  give 
Davie  information  of  the  disaster.  Davie  proposed  to  pro- 
ceed and  bury  the  dead.  "Let  the  dead  bury  the  dead!" 
exclaimed  the  excited  hero  of  Saratoga  as  he  resumed  his 
speedy  way,  attended  by  General  Caswell  and  some  mem- 
bers of  his  staff.  About  eleven  o'clock  on  the  night  of  the 
16th  Gates  reached  Charlotte,  seventy-two  miles  distant  from 
the  battle  ground,  bringing  the  news  of  his  sad  reverse.  He 
did  not  stop,  but  pressed  on  to  Salisbury,  and  thence  to 
Hillsboro. 

Caswell,  however,  remained  a  day  at  Charlotte,  giving 
some  directions  for  the  movements  of  the  eastern  regiment, 
that  fortunately  had  not  reached  his  camp  in  time  to  join 
the  army,  and  ordering  out  the  militia  of  Mecklenburg  and 
Rowan  and  Lincoln  counties ;  and  then,  like  Gates,  he  rode 
on  to  Hillsboro. 

In  the  action  every  corps  was  broken  and  dispersed.  The 
fugitives,  pressing  down  the  main  road,  were  pursued  some 
miles  by  Tarleton's  legion,  and  the  way  was  covered  with 
arms,  baggage  and  wagons.  Many  took  to  the  woods  and 
sought  to  escape  into  the  swamps.  It  was  a  painful  rout, 
the  men  without  officers,  without  provisions  or  baggage,  and 
great  numbers  without  arms,  the  wounded  and  sick  borne 
along  without  conveniences,  and  the  weather  extremely  op- 
pressive. The  suffering  was  intense.  Indeed,  the  horrors 
of  that  fearful  rout  cannot  be  adequately  portrayed. 

Soon  Charlotte  became  crowded  with  troops  in  retreat 


DEFEAT  AT  CAMDEN 


623 


1780 


from  the  disaster  and  with  militiamen  who  were  hastily  col- 
lecting. Neither  the  officers  nor  soldiers  of  Gates's  army,  A«gust 
however,  remained  at  Charlotte,  but  kept  moving  toward 
Salisbury.  General  Smallwood,  whose  brigade  was  the  last  Smaiiwood 
on  the  field,  being  hotly  pressed,  turned  from  the  road,  and 
it  was  supposed  that  he  was  either  killed  or  taken,  but  on 
the  third  day  after  the  battle  he  arrived  in  Charlotte,  to  the 
great  joy  of  every  one.  His  conduct  gained  for  him  the  con- 
fidence not  merely  of  the  regulars,  but  of  the  militia,  and  he 
was  at  once  consulted  as  to  what  action  should  be  taken. 
He  encouraged  the  militia  to  embody  and  to  make  strenuous 
resistance  if  the  enemy  should  advance.  On  the  20th,  how- 
ever, he  and  all  the  other  officers  and  men  who  had  come  in 
set  out  for  Hillsboro. 

On  learning  the  woeful  news,  Davie,  realizing  Sumter's  Summer 
danger,  at  once  despatched  a  courier  to  inform  that  kindred 
spirit,  who  had  been  so  recently  associated  with  him  in  dar- 
ing enterprises,  of  the  catastrophe.  Sumter  had  been  en- 
tirely successful  in  his  last  undertaking,  and  had  captured 
forty  wagons  of  booty  and  nearly  three  hundred  prisoners. 
He  immediately  decamped,  but  Cornwallis  hurried  Tarleton  ljte% 
in  pursuit.  On  the  night  of  the  17th  Sumter  halted  at  Rocky  Mjmoirt, 
Mount,  thirty  miles  from  Camden,  and  the  next  morning 
proceeded  eight  miles  farther,  when,  because  of  the  heat 
and  the  fatigue  of  his  troops,  he  again  rested,  ignorant  of  the 
pursuit.  His  arms  were  stacked,  his  troops  scattered,  many 
asleep,  he  himself  asleep  under  a  wagon,  when  Tarleton, 
having  gained  his  rear  unperceived,  fell  upon  the  unsus- 
pecting Americans,  who  were  seized  with  consternation  at 
the  assault.  There  was  but  slight  resistance  and  then  gen- 
eral flight.  Out  of  eight  hundred  men,  only  three  hundred 
and  fifty  escaped;  while  Tarleton  recovered  the  British 
wagons,  stores,  and  provisions,  and  took  Sumter's  artillery, 
arms,  and  baggage,  killed  many  and  preserved  some 
prisoners. 

When  information  was  received  of  the  catastrophe  that  Graham's 
had  befallen   Sumter's  corps,  the  people  of  Mecklenburg,  p™ham' 
alarmed  at  their  exposed  position,  held  a  meeting  to  deter- 
mine on  a  course  of  action.     It  was  resolved  that  Colonel 
Irwin,  the  colonel  of  that  county,  should  form  a  camp  some 


624  N  AS  ITS  ADMINISTRATION,  1780-81 

g*>  seven  miles  to  the  south  of  Charlotte,  and  Davie's  cavalry 

should  patrol  toward  Camden.  In  a  few  days  Colonel  Locke 
arrived  with  some  militia  from  Rowan ;  and  Governor  Nash, 
learning  that  Rutherford  was  a  prisoner,  commissioned 
Colonel  Davidson  as  temporary  brigadier-general  and  Major 
Davie  as  colonel  of  cavalry,  and  every  exertion  was  made  to 
offer  resistance. 

The  spirit  of  the  people 

Severe  indeed  was  the  disaster,  and  for  it  Grates  was  vig- 
orously condemned.    "There  are  three  capital  .    .   .  errors 
ascribed"  to  General  Gates,  wrote  Davis  to  Willie  Jones. 
"First,  in  not  ordering  a  place  of  rendezvous  in  case  of  a  de- 
g2^Ma        feat;  secondly,  in  not  having  the  baggage  secured,  it  re- 
\  t  r  iv^gi11**"    ma*n^n§  a^  the  while  with  the  army ;  and  thirdly,  in  quitting 

\  *  :  d«5j)  the  field  of  action  some  time  before  the  regulars  gave  way. 

ji  p  and  riding  post  to  Hillsboro,  two  hundred  and  thirty  miles 

&*••  in  seventy-five  hours.    He  is  .   .  .  execrated  by  the  officers, 

J  "i  unrevered  by  the  soldiers  and  hated  by  the  people."* 

*  i"  Not  only  was  the  large  army  that  had  been  collected  at 

great  pains  and  expense  destroyed,  but  all  the  artillery,  two 

thousand  stands  of  arms  and  nearly  all  the  military  stores 

■  >  sent  to  the  south  by  congress  fell  into  the  hands  of  the 

enemy.  Following  so  swiftly  on  the  loss  of  the  entire  con- 
tinental line  at  Charleston,  this  blow  was  an  immeasurable 
calamity  to  the  State.  The  dark  hours  that  try  men's  souls 
had  indeed  come.  The  loss  of  brave  and  courageous  soldiers 
at  the  north  and  the  annihilation  of  the  continental  bat- 
talions robbed  the  State  of  thousands  of  her  choicest  spirits. 
But  those  who  remained  did  not  falter ;  the  resolution  of  the 
North  Carolina  patriots  never  wavered,  and  their  courage 
rose  higher  and  higher  under  the  calamities  that  had  be- 
fallen them.  As  deplorable  and  distressing  as  the  situation 
was,  it  was  bravely  met.    Immediate  preparation  was  made 

♦On  the  other  hand,  consider  the  opinion  of  Lee,  a  soldier,  and 
compare  it  with  Davis,  the  civilian:  "This  rapid  retreat  of  General 
Gates  has  been  generally  supposed  to  diminish  his  reputation.  Not 
so,  in  truth.  It  does  him  honor,  as  it  evinced  a  mind  capable,  amidst 
confusion  and  distress,  of  discerning  the  point  most  promising  to 
renew  with  expedition  his  strength ;  at  the  same  time  incapable  of 
being  withheld  from  doing  his  duty,  by  regarding  the  calumny  with 
which  he  was  sure  to  be  assailed."    (Lee's  Memoirs,  100,  ed.  1827.) 


t 


SUPPLIES  FROM  ABROAD 


625 


to  resist  the  invasion  that  was  now  imminent;  but  for  the  lJ^ 

moment  North  Carolina  was  defenceless  and  lay  open  to  the 
conqueror. 

Fortunately,  other  supplies  were  within  reach.     Trade   import*. 
between  our  ports  and  the  West  Indies  was  never  entirely  tIons 
arrested,  and  many  valuable  cargoes  continued  to  be  im- 
ported ;  nor  had  the  practice  ceased  of  sending  out  privateers 
to  prey  on  British  commerce  and  make  prizes  of  merchant- 
men.   So  it  happened  that  several  vessels  came  in  just  about 
the  time  Gates  lost  his  stores,  bringing  cargoes  tending  to 
supply  those  losses.    In  particular,  on  September  4th  there 
arrived  in  the  Cape  Fear  two  prizes  made  by  the  privateer  70,7a 
General  Nash,  one  cargo  being  invoiced  at  £10,000  and  the 
other  at  £40,000  sterling,  the  latter  being  one  of  the  most 
valuable  captures  made  during  the  war,  and  having  on  board 
nearly  everything  desired  for  the  soldiers.    About  the  same   Enterprise 

.,,  »        *  t*        •  1  ««-*t  ▼-»  •     •  on  ",e  water 

time  the  Marquis  of  Bretigny  also  reached  New  Bern,  bring- 
ing a  quantity  of  powder,  four  hundred  stands  of  arms, 
pistols,  saddles,  and  accoutrements;  while  Dr.  Guion's 
schooner  likewise  arrived  with  additional  supplies.  In  fact, 
the  enterprise  displayed  by  the  merchants  was  no  less 
remunerative  to  them  than  beneficial  to  the  State.  It  was 
also  harassing  to  the  enemy.  Governor  Nash  in  December 
mentioned  in  a  letter  to  General  Washington :  "The  enemy 
have  not  been  entirely  free  of  trouble  off  Charleston;  and 
on  the  coast  in  that  quarter  during  this  summer  they  have 
suffered  very  considerably  by  our  privateers,  particularly 
by  open  rowboats.  These  boats,  with  forty  or  fifty  men 
aboard,  take  almost  everything  that  comes  in  their  way. 
Two  that  went  out  in  company  returned  here  this  week  after 
a  leave  of  about  twenty  days,  in  which  time  they  took  and 
sent  in  twelve  valuable  prizes,  besides  burning,  I  think, 
four." 

All  now  was  activity  in  the  State.  Smallwood  established 
a  camp  at  Salisbury,  where  the  sick  and  wounded  were 
assembled.  Such  ammunition  and  stores  as  remained  at 
Mack's  Ferry  were  speedily  brought  to  the  same  point,  and 
there  began  the  nucleus  of  a  new  organization.  General 
Harrington,  with  several  companies  of  militia  from  Duplin, 
Onslow,  Bladen,  Cumberland  and  some  of  the  Albemarle 


626 


NASH'S  ADMINISTRATION,  1780-81 


1780 


Sumner 

given  a 
rigade 


S.  R.,  XIV, 
573 


counties,  aggregating  in  all  four  hundred  and  fifty  men.  kept 
a  vigilant  watch  and  guarded  the  stores  at  Fayetteville.  In 
his  front,  toward  the  coast,  was  Marion  with  a  few  horse- 
men, and  over  in  Anson  Colonel  Kobb,*  while  down  the 
Peedee  the  brave  and  energetic  Kenan,  of.  Duplin,  patrolled 
with  his  squadron  of  horse.  Farther  to  the  west  Davie  and 
Davidson  kept  watch  and  ward. 

Governor  Nash  had  called  the  Assembly  together  to  meet 
at  Hillsboro  on  August  12th,  but  a  quorum  of  members 
had  not  reached  there  on  the  23d.  Time  being  precious,  the 
members  who  had  convened  united  in  recommending  that 
the  governor  should  call  out  one-half  of  the  militia  of  the 
State  and  direct  the  commanding  officers  to  appoint  com- 
missioners to  obtain  the  necessary  supplies,  either  by  pur- 
chase or  impressment.  Accordingly,  the  militia  was  directed 
to  assemble  at  Hillsboro,  Salisbury,  and  Charlotte.  Gen- 
eral Caswell  despatched  messengers  to  intercept  the  militia 
regiments  of  Jarvis,  Exum,  and  Pasteur,  and  to  direct  them 
to  Ramsey's  Mills,  in  Chatham,  where  a  few  days  later  he 
himself  arrived,  the  strength  of  the  brigade  being  some  eight 
hundred  men.  To  command  it  Governor  Nash  assigned 
General  Sumner,  as  the  most  experienced  officer  of  the  State. 
On  September  3d  Caswell  and  Sumner  proceeded  with  the 
brigade  by  way  of  Pittsboro  to  the  encampment  at  Salisbury. 


S  R 
XXIV,  344 


The  Assembly  acts 

When  the  Assembly  met,  and  it  was  not  until  Septem- 
ber 5th  that  a  quorum  was  assembled,  it  addressed  itself 
with  vigor  to  preparations  of  defence.  Responding  to  the 
recommendation  of  the  governor,  it  levied  a  tax  in  kind  to 
be  at  once  collected  out  of  the  abundant  harvest.  For  every 
£100  value  of  property  each  inhabitant  was  required  to  fur- 
nish one  peck  of  Indian  corn  or  three  pounds  of  good  pork, 

♦Colonel  Kobb  was  afterward  murdered  by  the  Tories.  "Among 
the  many  murders  and  house  burnings  perpetrated  by  this  banditti," 
says  Lee  in  his  Memoirs,  page  553,  "that  of  Colonel  Kobb  was 
singularly  atrocious.  A  party  of  them,  led  by  a  Captain  Jones, 
surprised  the  colonel  on  a  visit  to  his  family.  He  defended  his  house 
until  he  was  induced  by  a  promise  of  personal  safety  to  surrender 
as  a  prisoner  of  war,  when  he  was  immediately  murdered  in  the 
presence  of  his  wife  and  children  and  his  house  burned." 


BOARD  OF  WAR  ORGANIZED 


627 


or  other  provisions  enumerated  in  the  act,  except  that  the  lJ^ 
inhabitants  of  Carteret  might  deliver  instead  a  gallon  of  September 
salt;  and  the  Quakers,  Moravians  and  "non-jurors"  were  to 
pay  their  entire  tax  in  provisions.  A  loan  of  £1,000,000 
was  also  directed  to  be  made,  while  for  the  present  the 
confiscation  act  was  suspended.  Many  persons  being  in 
custody  on  the  charge  of  opposing  the  State  in  its  defence, 
for  the  "speedy  trial  of  traitors"  the  magistrates  of  the 
different  counties  were  given  authority  to  try  them,  no 
counsel  being  allowed  either  for  or  against  any  prisoner, 
who,  however,  was  at  liberty  to  make  his  own  defence,  and 
should  have  reasonable  time  to  prepare  for  trial ;  and  there 
was  to  be  no  arrest  of  judgment  in  any  case  if  the  proceed- 
ing was  of  sufficient  substance  to  convict. 


Trial  of 
Tories 


The  Board  of  War 

Governor  Nash  had  reported  to  the  Assembly  that  the 
members  of  his  council  did  not  attend  its  meetings  and  gave 
him  no  aid;  and  he  urged  that  other  appointments  should 
be  made;  and  he  also  recommended  that  a  Board  of  War 
should  be  created,  who  would  share  with  him  the  responsi- 
bility of  conducting  military  matters  when  the  Assembly 
was  not  in  session.  Accordingly  the  Assembly  created,  a 
Board  of  War,  composed  of  Colonel  Alexander  Martin, 
John  Penn,  and  Oroondates  Davis,  investing  it  with  great 
powers,  especially  for  concerting  a  general  plan  of  opera- 
tions for  the  defence  of  the  State  and  carrying  it  into  execu- 
tion. General  Harrington  had  somewhat  earlier  been  ap- 
pointed brigadier-general  of  the  Salisbury  district  during  the 
absence  of  General  Rutherford,  and  now  that  Rutherford 
had  fallen  into  the  hands  of  the  enemy  the  Assembly  elected 
Colonel  Davidson  to  that  position.  Harrington  promptly 
tendered  his  resignation,  but  nevertheless,  because  of  the 
emergency,  he  continued  to  act  under  his  commission  as 
brigadier,  rendering  efficient  service  on  the  southeastern 
border.  General  Smallwood,  of  the  Maryland  line,  was  en- 
joying a  high  reputation  because  of  his  admirable  conduct 
at  Camden,  quite  in  contrast  with  the  prevalent  idea  of  the 
conduct  of  Gates  and  Caswell ;  and  the  Assembly  tendered 
him  the  position  of  major-general  and  commander-in-chief 


Board  of 
War 


S  R 

xxiv.  355: 

XIV.  376; 

XV,  139-141 


Gen. 
Davidson 


Smallwood 
supersedes 
Caswell 


628  NASH'S  ADMINISTRATION,  1780-81 

lj^  of  all  the  militia  of  the  State,  thus  superseding  Caswell,  and 

giving  Smallwood  precedence  over  all  the  officers  in  the 
southern  army  except  alone  General  Gates.  This  action 
virtually  retiring  him,  Caswell  indignantly  resented;  and 
he  returned  to  his  home  at  Kingston.  A  month  later  he 
wrote  to  Governor  Nash,  reminding  him  that  "in  the  spring 
he  had  not  only  been  appointed  major-general  to  command 
the  militia,  but  as  well  a  member  of  the  board  to  conduct 
s.  r.,  xv,  trade  in  behalf  of  the  State ;  and  that  as  the  Assembly  had 
131  been  pleased  to  dismiss  him  from  the  command  of  the  militia, 

it  is  probable  it  would  have  dismissed  him  also  from  the 
Board  of  Trade  had  it  occurred  to  them  that  he  had  been 
appointed  a  member  of  that  board";  and  so  with  some 
warmth  he  tendered  his  resignation  of  this  latter  position. 
For  a  time  he  remained  entirely  quiet. 


1.  Joseph  Winston 


2.  Joseph  Graham 


8.  Joseph  McDowell  (Quaker  Meadows)  4.  William  Polk 


CHAPTER  XXXVI 

Nash's  Administration,  1780-81 — Continued 

Cornwallis  moves  to  Charlotte.— Davie's  gallant  defence—The 
activity  of  the  Mecklenburgers. — Governor  Martin's  proclamation. — 
Movement  on  Augusta. — Ferguson  marches  westward. — The  fron- 
tiersmen assemble.— Battle  of  King's  Mountain.— Death  of  Chronicle. 
— The  victory  gives  great  joy. — Its  effects. — Cornwallis  retires. — His 
gloomy  outlook. — Leslie  in  Virginia. — Moves  to  Camden. — Gates 
moves  forward. — Corn  wall  is*  s  disappointment. — Arrival  of  Greene.— 
His  activity. — His  forward  movement. — The  new  year. — The  Council 
Extraordinary. — Caswell  reinstated. — Four  new  continental  battal- 
ions.— No  party  divisions. — During  Caswell's  administration. — Nash's 
administration.— Dr.  Burke's  zeal  to  correct  abuses. — Sam  Johnston 
declines  the  presidency  of  congress. 


Cornwallis  moves  to  Charlotte 

After  the  rout  of  Gates's  army  Cornwallis  occupied  him- 
self at  Camden  arranging  for  the  administration  of  civil 
and  military  affairs  in  South  Carolina,  and  then  the  time 
being  at  hand  for  him  to  invade  North  Carolina,  he  moved 
to  Waxhaw  on  September  8th,  resting  there  for  the  Tories 
to  embody  and  join  him.  Tarleton  was  thrown  on  his  left 
toward  Ferguson,  who  was  operating  on  the  frontier.  At 
first  while  the  British  army  lay  at  Waxhaw  Colonel  Davie 
alone  was  at  its  front.  With  a  command  not  exceeding 
one  hundred  and  fifty  men,  that  enterprising  officer  on  Sep- 
tember 20th,  by  a  circuitous  march,  fell  on  a  detachment  of 
some  three  hundred  of  the  enemy  at  Wahab's  plantation, 
routed  them  and  brought  off  ninety-six  horses,  a  hundred 
and  twenty  stands  of  arms,  returning  to  his  camp  that  same 
evening,  having  marched  in  less  than  twenty-four  hours  no 
less  than  sixty  miles.  On  the  same  day  Sumner  and  David- 
son reached  his  camp  with  a  thousand  militia.  Four  days 
later  Cornwallis  renewed  his  movement,  advancing  on 
Charlotte,  and  Sumner  and  Davidson  fell  back  toward 
Salisbury. 


1780 


Lee's 

Memoirs, 

193-106 


Wahab's 


Sumner  at 
the  front 


S.  R., 
647 


XIV, 


630 


NASH'S  ADMINISTRATION,  1780-81 


1780 

sTr.,  XIV, 
380,410,661, 
778;  XV,  89 


New  forces 
concentrate 


S.  R.,  XIV, 
41a 


Davidson  turned  to  the  west,  while  Sumner  took  post  at 
McGowan's  Creek,  where  early  in  October  General  Butler's 
brigade  of  seven  hundred  joined  him.  General  Jones  with 
the  Halifax  brigade  had  been  ordered  to  join  Harrington 
in  front  of  Campbellton,  but  he,  too,  was  now  marching  with 
all  haste  to  Sumner's  camp.  Colonel  William  Washington 
had  enlisted  some  hundred  troopers  also  in  the  eastern 
counties,  and  he  with  other  partisan  leaders  were  concen- 
trating at  Salisbury.  General  Smallwood  and  Colonel  Mor- 
gan already  in  high  reputation  on  October  7th,  left  Hillsboro 
for  the  front.  Everywhere  there  was  displayed  the  same 
energy  and  spirit.  It  was  estimated  that  there  were  five 
thousand  men  concentrating  for  defence.  The  Board  of 
War,  however,  was  emphatic  in  directions  that  a  general 
engagement  was  to  be  avoided,  for  a  second  defeat  at  that 
time  would  have  had  a  most  disastrous  effect  on  the  inhabi- 
tants and  on  the  spirit  of  the  militia,  who  had  now  in  some 
measure  rallied  from  the  depression  caused  by  the  disaster 
at  Camden. 


Graham's 
Graham, 
251 

Sept.,  1780 


Davie's  gallant  defence 

Davie  with  his  troop  of  horse,  now  augmented  by  a  few 
volunteers  under  Major  Joseph  Graham,  remained  to  ob- 
serve the  enemy.  On  the  night  of  the  25th  he  took  a  num- 
ber of  prisoners,  and  then  himself  retired  to  Charlotte. 
Early  the  next  morning  Tarleton's  legion  with  some  light 
infantry  was  seen  advancing,  followed  by  the  main  body. 
Determined  to  make  a  defence,  Davie  disposed  of  his  small 
force   advantageously   at   the   court-house,   and    when    the 

At  charlotte  enemy,  sounding  a  charge,  advanced  at  a  full  gallop,  he 
opened  fire  and  drove  them  back  with  great  precipitation. 
A  second  and  third  charge  was  similarly  repelled;  but  at 
length  the  infantry  turned  his  flank,  and  in  good  order 
Davie  withdrew  his  companies,  each  in  turn  covering  the 
other,  and  made  a  successful  retreat.  The  enemy  followed 
cautiously  for  some  distance,  when  they  ventured  to  charge 
the  rear  guard.    They  were  stubbornly  resisted  and  driven 

Locke  killed  off,  but  unfortunately  not  without  loss;  Lieutenant  Locke 
and  four  privates  were  killed,  and  Major  Graham  and  five 


DAVIE'S  DEFENCE  OF  CHARLOTTE  631 

others  were  wounded.*  The  following  day  after  this  brilliant  lJ^ 

affair  at  Charlotte  Davie  joined  the  army  at  Salisbury,  but   September 
on  the  union  of  some  mounted  infantry  from  Granville  under 
Colonel  Taylor  with  his  corps  he  felt  strong  enough  to 
return  to  the  immediate  front  of  Cornwallis,  who  estab- 
lished himself  at  Charlotte. 

The  activity  of  the  Mecklenburgers 

As  trying  as  were  the  difficulties  which  beset  the  Ameri- 
can commanders  for  the  want  of  provisions,  the  troubles  of 
Cornwallis  on  the  same  score  were  much  greater.  His 
foraging  parties  brought  in  but  little,  and  they  were  so 
sorely  harassed  by  Davie  that  the  British  army  fell  into 
sore  distress  for  want  of  forage  and  supplies. 

At  Charlotte  there  were  but  a  few  houses,  but  it  was  a  Graham's 
desirable  location  for  an  army  because  of  the  numerous  3^SS% 
mills  in  the  immediate  vicinity,  at  which  corn  and  wheat 
could  be  ground  for  the  use  of  the  troops.  At  Polk's  Mill,  p0ik»8Miii 
two  miles  distant  from  Charlotte,  Cornwallis  stationed  a 
detachment  of  fifty  men,  and  on  September  28th  Major 
Dickson  with  sixty  cavalrymen  made  the  entire  circuit 
around  Charlotte  and  attacked  that  post.  He  was  repulsed, 
but  the  assault  added  to  the  disagreeable  position  of  the 
British  commander.  Five  days  later  he  despatched  a  de- 
tachment of  four  hundred  and  fifty  infantry,  sixty  cavalry 
and  forty  wagons  under  Major  Doyle  toward  the  fertile 
fields  of  Long  Creek,  some  ten  miles  to  the  northwest  of 
Charlotte,  to  bring  in  forage  and  supplies.  At  Mclntyre's  Mcintyre's 
farm  a  party  of  a  hundred  men  and  ten  wagons  was  left 
to  gather  forage,  while  the  others  continued  on.  Captain 
James  Thompson  and  thirteen  of  his  brave  neighbors  reso- 
lutely attacked  this  party,  and  so  vigorously  that  eight  of 
them  were  killed  and  twelve  wounded.  Doyle  was  so 
alarmed  by  this  unexpected  assault  that  he  hastened  back, 
picked  up  his  dead  and  wounded  and  then  fled  precipitately, 
having  obtained  only  forage  enough  to  load  four  wagons. 

*In  this  encounter  at  the  Cross  Roads,  St.  George  Locke,  a  son  of 
General  Matthew  Locke,  was  literally  cut  to  pieces  in  a  most  bar- 
barous manner,  while  Captain  Joseph  Graham,  in  addition  to  being 
wounded  three  times  with  balls,  received  six  sabre  cuts  and  was 
left  on  the  field  for  dead. 


632 


NASH'S  ADMINISTRATION,  1780-81 


X780 

October 


Graham's 
Graham, 
264,165 


ioseph 
lartin 


Lee*s 
Memoirs, 
108,  aoo 
S.  R.,  XV, 
94 


Garden  Hill 


S.  R.,  XIV, 
424 


Governor  Martin's  proclamation 

Accompanying  Cornwallis  was  the  royal  governor,  Josiah 
Martin,  who  now  entered  the  State  for  the  first  time  since 
he  departed  from  the  Cape  Fear  in  May,  1776.  Hoping 
much  from  the  Tories  and  disaffected  inhabitants,  who  he 
conceived  were  attached  to  him  personally,  on  October  3d 
he  issued  an  earnest  address  seriously  and  solemnly  calling 
on  the  faithful  subjects  of  his  Majesty  with  heart  and  hand 
to  join  and  unite  with  the  army,  and  exhorting  all  the 
young  men  to  testify  their  loyalty  and  spirit  by  enlisting  in 
a  provincial  corps  to  be  under  his  immediate  command ;  and 
offering  a  bounty  of  three  guineas,  full  pay  and  free  grants 
of  land  at  the  end  of  the  rebellion.  Couriers  were  at  once 
sent  off  to  disseminate  this  proclamation  both  to  the  wrest 
and  the  east,  but  before  it  could  have  operation  came  the 
news  of  the  destruction  of  Ferguson's  corps,  which 
effectually  suppressed  all  Tory  risings. 

Movement  on  Augusta 

Although  the  southern  Indians  adhered  to  the  British, 
looking  to  the  king  of  Great  Britain  for  protection  against 
the  inroads  of  the  colonists,  intercourse  with  them  was  con- 
stantly maintained  by  Colonel  Joseph  Martin,  specially  em- 
ployed in  that  service,  and  he  managed  with  such  skill, 
wisdom  and  prudence,  that  during  that  critical  period  of  the 
war,  they  remained  quiet,  and  the  western  borders  were  not 
menaced  with  the  peril  of  a  savage  warfare. 

This  fortunate  circumstance  left  the  frontiersmen  free  to 
take  the  field  away  from  home  when  called  upon.  Some- 
what earlier  than  Cornwallis's  advance  several  detachments 
had  embodied  under  local  leaders  with  the  purpose  of  attack- 
ing Augusta,  where  a  large  supply  of  arms,  ammunition, 
blankets,  salt  and  other  commodities  intended  as  the  annual 
present  to  the  Indians  was  then  stored.  Eventually  all  these 
united  under  Colonel  Clarke,  who  marched  toward  Augusta. 
The  British  commander,  Colonel  Browne,  having  informa- 
tion of  their  approach,  retired  toward  Ninety-six,  but  was 
overtaken  at  Garden  Hill,  where  he  fortified  and  gallantly 
defended  himself,  awaiting  relief.  After  four  days  of  siege 
relief  came,  and  Colonel  Clarke  was  forced  to  retire,  carry- 


DEFEAT  OF  FERGUSON 


633 


ing  with  him,  however,  a  large  amount  of  the  Indian  goods  lj£ 

that  had   fallen   into  his  hands.     In  the  meantime  other   September 
movements  had  been  made  among  the  frontiersmen,  even 
as  remote  as  Watauga  and  western  Virginia. 


Ferguson  marches  westward 

To  counteract  these  movements  Cornwallis  had  detached 
Major  Ferguson,  an  accomplished  officer,  with  three  hun- 
dred regulars  and  a  small  body  of  Loyalists,  to  proceed 
toward  the  frontier,  arouse  the  Tories,  collect  provisions 
and  suppress  the  Whig  inhabitants.  He  was  not  only 
supplied  with  ammunition,  but  carried  with  him  a  thousand 
stand  of  arms  for  the  Loyalists  who  were  expected  to  join 
his  force.  Marching  through  upper  South  Carolina  and 
then  into  North  Carolina,  Ferguson  himself  stopped  at  Gil- 
bert Town,  but  a  detachment  penetrated  as  far  as  Morgan- 
ton,  and  word  was  spread  that  he  proposed  to  destroy  all 
the  Whig  settlements.  This  information,  instead  of  acting 
as  a  deterrent,  aroused  the  Whigs  of  the  frontier,  who  were 
already  embodied  ready  for  action.  On  September  14th 
Gen.  William  Lee  Davidson  ordered  Armstrong,  Cleveland 
and  Locke  to  unite  their  forces  and  arrest  Ferguson's  prog- 
ress ;  and  the  other  Whig  leaders  were  also  moving.  They 
resolved  on  Ferguson's  destruction.  Campbell,  from  Virginia, 
joined  Shelby  and  Sevier  at  Watauga,  their  united  forces 
numbering  nine  hundred  men,  and  on  September  25th 
crossed  the  mountains,  where  they  were  met  by  Colonel  Mc- 
Dowell with  a  hundred  and  sixty  others,  and  on  the  30th, 
on  the  banks  of  the  Catawba,  they  were  reinforced  by  Cleve- 
land with  three  hundred  and  fifty  men  of  the  counties  of 
Wilkes  and  Surry.  Marching  south  on  the  evening  of  Octo- 
ber 6th,  they  were  joined  near  Cowpens  by  Colonel  Wil- 
liams's force  of  four  hundred.  There  information  was  re- 
ceived that  Ferguson  was  near  the  Cherokee  ford  of  Broad 
River,  about  thirty  miles  distant.  A  council  of  the  principal 
officers  was  held,  and  it  was  thought  advisable  to  set  out 
that  night  with  nine  hundred  of  the  best  horsemen,  leaving 
the  others  to  follow  as  fast  as  possible.  Marching  all  night, 
at  three  o'clock  the  next  afternoon  they  reached  the  vicinity 
of  Ferguson's  corps. 


s.  R., 

163 


XV, 


Davidson1! 
orders 


S.R., 

615 


XIV, 


The  corps 
unite 


S.  R..  XV, 
94 


S.  R.,  XV 

106 


634 


NASH'S  ADMINISTRATION,  1780-81 


X780 

King's 
Mountain, 
Oct.  7th 


S.  R.,  XV, 
116,  164 


S.  R.,  XV, 

164 


Death  of 
Ferguson 


The  victoi  y 


Ferguson,  having  information  of  the  approach  of  a  Whig 
column,  had  taken  a  strong  position  on  the  top  of  King's 
Mountain,  twelve  miles  distant  from  the  ford,  and  in  full 
confidence  that  he  could  not  be  forced  from  a  post  possess- 
ing such  natural  advantages.  The  assailants  were  formed 
into  three  divisions,  and  coolly  ascended  the  mountain  from 
different  directions.  The  day  was  wet,  and  their  approach 
being  fortunately  undiscovered,  the  Whigs  easily  took  the 
British  pickets.  As  the  column  was  arranged,  the  Washing- 
ton and  Sullivan  regiments,  gaining  their  positions  first, 
began  the  attack  on  the  front  and  left  flank ;  to  the  North 
Carolinians  under  Winston,  Sevier  and  Cleveland  was 
assigned  the  attack  on  the  rear  and  other  flank.  Campbell 
on  the  centre  opened  a  destructive  fire,  but  Ferguson  re- 
sorted to  the  bayonet  and  forced  him  back.  At  that  instant, 
however,  Shelby  poured  in  a  volley,  alike  effective.  Fergu- 
son turned  furiously  on  this  new  foe,  advancing  with  the 
bayonet;  but  Shelby,  having  reached  the  summit  of  the 
eminence,  drove  the  British  along  the  ridge  to  where  Cleve- 
land commanded,  and  his  brave  men  stopped  them  in  that 
quarter.  Undismayed  by  this  unexpected  resistance,  Fergu- 
son now  made  a  grand  rally,  his  men  fighting  desperately; 
but  all  the  Whig  divisions  acting  in  co-operation,  the  Tory 
force  could  make  but  slight  impression.  Ferguson  used  the 
Shelby,  Sevier,  Hambright,  and  Winston,  and  Major  Shelby, 
and  for  an  hour  the  battle  raged  without  abatement.  At 
length  the  British  commander  sought  to  escape  on  horse- 
back, but  fell  dead  trying  to  force  his  way. 

The  fire  of  the  beleaguered  Tories  now  slackened,  and 
soon  there  was  unconditional  surrender.  Of  Ferguson's 
force  300  were  killed  or  wounded;  ioo  regulars  and  700 
Loyalists  were  taken,  and  1500  stands  of  arms  fell  into  the 
possession  of  the  Whigs.  The  loss  of  the  assailants  was 
small,  but  among  the  killed  was  Colonel  Williams,*  of  South 
Carolina,  distinguished  as  one  of  the  most  active  and  reso- 

♦Colonel  James  Williams,  a  native  of  Granville  County,  N.  C, 
then  resident  in  South  Carolina,  on  application  had  been  allowed  by 
North  Carolina  $25,000  to  raise  troops  for  the  defence  of  North 
Carolina.  He  had  under  him  troops  raised  in  North  Carolina,  as 
well  perhaps  as  in  South  Carolina.  (S.  R.,  XXI,  75;  Graham's 
Graham,  263.) 


DEFEAT  OF  FERGUSON  635 

lute  of  the  partisan  leaders,  and  Major  William  Chronicle,  x*° 

whose  loss  was  greatly  lamented.  It  was  night  before  the 
prisoners  were  all  secured,  and  the  victors  slept  on  the  bat- 
tlefield ;  but  early  the  next  morning  they  set  off  northward 
with  their  prisoners  under  the  command  of  Colonel  Camp- 
bell. 

Later,   General   Gates   directed   that  the  eight   hundred  s.  r.,xv, 
prisoners   should  be  conveyed  to   Fincastle,  Va. ;  but  on 
reaching  Surry  County  they  were  turned  over  to  Colonel 
Martin  Armstrong,  and  within  two  months  all  but  a  hun-  priaeoncrt 
dred  and  thirty  of  them  were  either  dismissed,  paroled  or 
enlisted  in  the  military  service  for  three  months.     There 
was  great  hope  of  using  these  prisoners  for  the  purposes 
of  exchange  to  set  free  an  equal  number  held  by  the  British, 
and  much  disappointment  was  felt  when  this  design  was 
frustrated  by  Colonel  Armstrong's  inexpedient  conduct;  nor  s^rmxvii, 
did  he  escape  without  severe  and  indignant  criticism,  and 
the  Assembly  deprived  him  of  his  commission. 

The  victory  gives  great  joy 

The  movement  of  the  Whigs  at  the  west  was  not  unknown 
to  Davie,  Sumner,  and  Gates,  and  they  were  in  anxious 
expectancy. 

Three  days  after  the  battle  the  news  of  the  victory  was  &  *■•  XIV» 
brought  by  a  courier  to  Sumner  at  his  camp  on  the  Yadkin,  xv,  u7 
who  forwarded  it  to  Gates  at  Hillsboro.  Whatever  com- 
ment might  be  made  on  General  Gates's  course  up  to  this 
period,  and  he  was  thoroughly  execrated  by  the  people,  it 
appears  that  in  adversity  he  rose  to  the  height  of  the  occa- 
sion. With  resolution  and  promptness  he  was  preparing  Gates1  spirit 
to  renew  the  conflict.  With  joy  and  hope  he  hurried  an 
express  to  Jefferson,  then  governor  of  Virginia,  bearing 
"the  great  and  glorious  news" ;  and,  urging  forward  prom- 
ised help,  he  said :  "We  are  now  more  than  even  with  the 
enemy.  The  moment  the  supplies  for  the  troops  arrive  ...  I 
shall  proceed  with  the  whole  to  the  Yadkin."  Smallwood 
and  Morgan  were  already  on  their  way,  Morgan  with  his 
light  infantry  then  eighteen  miles  beyond  Guilford  Court 
House  and  Smallwood  with  the  cavalry  was  following  fast. 

A  new  inspiration  pervaded  every  heart,  and  when  the  xvii',697 


( 


636 


NASH'S  ADMINISTRATION,  1780-81 


1780 

Eflfct  is  of 
the  victory 


tt 


S.  R.,  XIV, 
698-8 


S.  R.,  XV, 

285 


Assembly  met,  with  grateful  eulogium  on  their  patriotism 
and  heroism,  it  resolved  that  Colonels  Cleveland,  Campbell, 
Shelby,  Sevier,  Hambright,  and  Winston,  and  Major  Shelby, 
should  each  receive  an  elegantly  mounted  sword  for  their 
voluntary,  distinguished  and  eminent  services. 

Indeed,  the  victory  at  King's  Mountain  was  no  less  ex- 
traordinary as  a  feat  of  arms  than  potent  in  its  results. 
That  undisciplined  and  unorganized  volunteers  operating 
under  neither  state  nor  continental  authority  should  have 
achieved  such  a  victory  over  a  force  equal  in  numbers,  amply 
supplied  with  ammunition,  ably  commanded  and  so  advan- 
tageously posted,  attested  the  fighting  qualities  of  the  un- 
trained inhabitants  and  gave  new  hope  to  those  who  had 
been  disappointed  at  the  conduct  of  the  militiamen  on  other 
fields.  It  buoyed  the  hearts  of  the  patriots  in  that  dark 
hour  and  nerved  them  to  greater  efforts  for  resistance; 
while,  on  the  other  hand,  not  merely  were  the  eight  hundred 
Tories  who  had  joined  Ferguson  eliminated  from  the  con- 
test, but  all  of  the  disaffected  inhabitants  west  of  the 
Catawba  were  suppressed  during  the  remainder  of  the  war. 
Ramseur's  Mill  was  a  disaster  to  the  western  Loyalists,  but 
King's  Mountain  was  their  conquest. 

Nor  was  this  the  only  catastrophe  that  befell  them. 
Colonel  Wright,  a  zealous  Loyalist,  embodied  three  hundred 
of  the  disaffected  at  Richmond,  in  Surry  County,  and  began 
his  march  to  unite  with  Cornwallis  at  Charlotte ;  but  Sumner 
and  Davidson  hurried  detachments  against  them,  routed 
and  dispersed  them. 

Cornwallis  retires 

^Cornwallis  was  so  hemmed  in  at  Charlotte jhat  for  some 
days  he  received  no  information  of  the  battle  of  King's  "* 
Mountain.  Indeed,  he  was  also  in  utter  ignorance  of  what 
was  passing  in  South  Carolina,  as  for  nearly  three  weeks 
he  had  no  intelligence  from  Camden,  every  express  for  him 
having  been  taken  by  the  active  partisan  bands  in  his  rear. 
No  wonder  he  declared  Mecklenburg  "the  most  rebellious 
section  of  America,"  and  that  Tarleton  spoke  of  it  as  "a 
veritable  hornet's  nest." 

When  the  information  reached  him  of  Ferguson's  death 


EFFECTS  OF  FERGUSON'S  DEFEAT 


637 


1780 


and  the  complete  annihilation  of  that  corps,  he  was  no  less  t 
shocked  than  grievously  disappointed.     Not  only  did  it  un-  /October 
settle  all  his  plans,  but  it  rendered  his  own  situation  alarm-  / 
ing.    Realizing  that  he  could  not  rely  on  the  assistance  from  fg8* is? V' 
the   inhabitants    which    he   had    confidently   expected,   and  1 
apprehending  that  Ninety-six  would  be  at  once  attacked,  he  \ 
determined   to   immediately   retire    from    North    Carolina.    \ 
Sc  on  the  evening  of  October  12th  he  abandoned  Charlotte    \ 
and  turned  toward  the  south.    So  far  the  tide  of  good  for-     j 
tune  had  rushed  on  without  interruption,  bringing  him  vie-      1 
tory   and   well-earned   fame,   but   now   began   a   series  of     / 
mishaps  that  led  step  by  step  to  irretrievable  disaster  and    / 
ultimately  to  the  final  abandonment  of  British  hopes  of  sub-    / 
jugation  and  an  acknowledgment  of  the  independence  of  the  / 
colonies. 

Forced  by  untoward  circumstances  to  retire  from  his  ad- 
vanced position,  Cornwallis  found  South  Carolina  ready  to 
rise  against  British  rule.  In  its  dire  extremity  that  State 
had  offered  to  remain  neutral  during  the  contest  and  to  abide 
by  the  general  result  of  the  struggle  elsewhere.  Clinton, 
not  content  with  such  a  submission,  required  the  subdued 
inhabitants  to  enroll  themselves  as  Loyalist  militia  and  take 
up  arms  for  the  king.  Many  now  determined  to  throw  off 
this  yoke  and  fight,  if  they  must,  for  the  success  of  the 
American  cause ;  and  partisan  leaders  were  drawing  around 
themselves  corps  of  determined  patriots  that  were  a  menace 
to  British  occupancy. 

Contemporaneously  with  the  departure  from  Charlotte  a  £.rm  xv, 
rainy  season  set  in,  and  the  troops  suffered  severely  from 
sickness,  while  Cornwallis  himself  became  so  ill  that  he 
had  to  relinquish  the  command  of  his  army,  committing 
it  to  the  care  of  Lord  Rawdon.  It  was  not  until  Oc- 
tober 29th  that  he  reached  the  country  lying  between 
Camden  and  Ninety-six,  making  his  camp  at  Winnsboro 
the  more  readily  to  support  those  two  principal  posts. 


Lee's 
Memoir*, 
162,  163 


/Partisan 
f  corps 


Sumter 


Marion 


♦87 


Leslie  in  Virginia 

As  there  was  expectation  that  North  Carolina  would  be 
subjugated  and  held,  as  had  been  the  fate  of  Georgia  and 
South  Carolina,  it  was  designed  that  after  that  event  Corn- 


638  NASH'S  ADMINISTRATION,  1780-81 

1780  wallis  would  continue  his  victorious  march  into  Virginia. 

To  keep  the  Americans  from  concentrating  against  the  Earl, 
General  Leslie  with  a  considerable  force  had  been  despatched 

&m?ei!ed  from  New  York  to  the  Chesapeake.  During  the  month  of 
October   Leslie  had   penetrated   down   the   Blackwater  to 

*\*\%£y%  South  Quay,  and,  nearer  the  coast,  to  the  Great  Bridge. 
General  Benbury  at  once  embodied  his  brigade  and  marched 
to  oppose  him.  After  the  battle  of  Camden  General 
Gregory  returned  home  to  the  Albemarle  section,  and  now 
he  gallantly  took  the  field  with  his  militia  and  checked  Les- 
lie's advance,  repulsing  the  British  with  some  loss  on 
November  8th  at  Great  Swamp. 

%  Rii?v'         Defeated  in  his  purposes,  Cornwallis  now  desired  Leslie's 

a9a-a99.*307  aid  at  the  south,  but  hesitated  to  order  him  to  come  to 
his  relief.  Clinton,  however,  left  him  free  to  co-operate 
with  the  southern  army,  especially  as  he  had  been  sent  to 
the  Chesapeake  to  make  a  diversion  in  favor  of  Cornwallis's 

J^for        operations.     Leslie,  knowing  that  Cornwallis  hoped  much 

Wilmington  from  the  Loyalists  on  the  upper  Cape  Fear,  and  that  taking 
possession  of  Wilmington  would  encourage  them  to  rise, 
determined  to  transfer  his  operations  to  that  region.     He 

Oct.  ai,  1780  therefore  sailed  from  the  Chesapeake  on  November  23d  for 
Wilmington.  Cornwallis  being  ill  and  the  situation  of  his 
army  dangerous,  Rawdon,  in  temporary  command,  des- 
patched vessels  to  intercept  the  fleet  at  Frying  Pan  Shoals 
and  direct  Leslie  to  come  to  his  immediate  assistance.  So 
it  happened  that  the  corps  lately  operating  near  Norfolk 
made  an  unexpected  appearance  at  Camden.  Still  further 
to  ease  Cornwallis,  Clinton  now  hurried  a  new  army  under 
General  Benedict  Arnold  to  the  Chesapeake;  but  for  per- 
sonal reasons,  as  he  was  obnoxious  to  the  people,  Arnold 
soon  retired,  leaving  the  command  with  General  Phillips. 

Gates  moves  forward 
s.  R.,  xv,  j      Quickly  following  Cornwallis's  withdrawal,  Gates  moved 
"5».  »&>      I  kjs  continentals,  numbering  a  thousand,  to  Charlotte,  while 
Smallwood,   who   had    superseded    Sumner,    much    to    the 
latter's  disgust,*  took  post  with  the  militia  and  Morgan  some 

♦Sumner,  like  Caswell,  resented  the  appointment  of  Smallwood  a< 
major-general  of  the  militia  and  declined  to  serve  under  him,  so 
when  Smallwood  reached  his  camp  Sumner  returned  home. 


MILITARY  MOVEMENTS 


639 


fifteen  miles  farther  to  the  front,  calling  his  camp  New 
Providence.  General  Stevens  with  five  hundred  Virginia 
troops,  almost  naked  and  unarmed,  remained  at  Hillsboro. 

In  the  meantime,  as  the  consequence  of  Gates's  misfortune 
at  Camden,  congress  had  directed  Washington  to  commit  the 
Southern  Department  to  another  general,  and  Washingtoi 
appointed  Nathanael  Greene  to  that  command.  Accom- 
panying Greene  to  the  south  were  Baron  Steuben  and  Lightl 
Horse  Harry  Lee  with  his  corps  of  dragoons,  three  hundred 
in  number.  The  baron  was,  however,  left  in  Virginia  to 
conduct  operations  in  that  State,  which  was  within  Greene's 
department. 

The  Board  of  War  organized  at  Hillsboro  on  Septem- 
ber 12th,  but  soon  all  the  members  left  except  John  Penn, 
who  for  some  time  conducted  military  affairs  without  any 
aid.  The  board  relieved  Governor  Nash  largely  of  his  re- 
sponsibilities, and  in  a  measure  encroached  on  his  powers. 
It  was  active  in  giving  direction  and  stimulating  the  county 
officers  to  renewed  exertions,  and  zealously  co-operated  with 
General  Gates  and  afterward  with  General  Greene  in  pre- 
paring for  defence. 

Cornwallis  was  thoroughly  disappointed  with  the  result 
of  the  campaign.  He  had  been  led  to  invade  North  Caro- 
lina at  that  time  because  of  the  difficulties  of  a  defensive 
war,  and  the  hope  that  the  Tories  in  North  Carolina,  who 
were  said  to  be  very  numerous,  would  be  active  in  aiding 
him.  The  defeat  at  King's  Mountain,  however,  suppressed 
all  Tory  risings  at  the  west,  while  to  the  east  Harrington 
and  the  state  militia  kept  the  disaffected  much  in  check ;  so 
Cornwallis  found  that  their  friendship  was  only  passive, 
and  he  derived  little  assistance  from  their  co-operation.  He 
reported  that  only  about  two  hundred  had  been  prevailed  on 
to  join  his  camp.  His  chief  difficulty,  however,  was  the 
absence  of  supplies.  These  could  not  be  furnished  from 
abroad,  and  his  army  necessarily  had  to  subsist  on  the 
country ;  and  in  this  matter  such  Loyalists  as  engaged  with 
him  were  found  very  efficient  and  a  great  help  to  his  dis- 
tressed troops. 


1780 

Smallwood 
at  New 
Providence 


Greene 


S.  R.,XIV 

376 


Board  of 
War 


Cornwall!*'* 
disappoint- 
ments 


Tories 
passive 


>73 


640  NASH'S  ADMINISTRATION,  1780-81 

'780  Arrival  of  Greene 

s.r.,  xv,  General  Greene  reached  Charlotte  on  December  2d,  and 
at  once  Gates  departed  northward.  The  new  general  imme- 
diately began  to  take  measures  for  the  organization  and 
efficiency  of  his  army. 

Greene  in     |    His  presence  inspired  zeal  and  confidence.    Colonel  Lee, 

command 

who  accompanied  him,  in  his  "Memoirs"  says:  "This  illus- 
trious man  had  now  reached  his  thirty-eighth  year.  In 
person  he  was  rather  corpulent,  and  above  the  common  size. 
His  complexion  was  fair  and  florid ;  his  countenance  serene 
and  mild,  indicating  a  goodness  which  seemed  to  shade  anJ 
soften  the  fire  and  greatness  of  its  expression."  Every  ele- 
ment combined  to  commend  him  to  the  good-will  and  affec- 
tions of  his  soldiers, 
s.  r.,  xv«8  The  neighboring  country  was  so  bare  that  General 
Greene's  first  step  was  to  request  the  Board  of  War  not  to 
call  out  any  more  militia  until  satisfactory  arrangements 
were  made  to  subsist  the  troops.  Writing  to  Washington, 
he  reported  that:  "Nothing  can  be  more  wretched  and  dis- 
tressing than  the  condition  of  the  troops,  starving  with  cold 
and  hunger,  without  tents  and  camp  equipage.  Those  of  the 
Virginia  line  are  literally  naked.  A  tattered  remnant  of 
some  garment,  clumsily  stuck  together  with  the  thorns  of  the 
locust  tree,  forms  the  sole  covering  of  hundreds,  and  we 
have  three  hundred  men  without  arms,  and  more  than  a 
thousand  are  so  naked  that  they  can  be  put  on  duty  only  in 
case  of  desperate  necessity."  To  facilitate  his  purpose  of 
transporting  supplies  he  caused  the  Dan,  the  Yadkin,  and 
the  Catawba  to  be  explored,  hoping  to  utilize  water  trans- 
portation. He  established  a  hospital  at  Salisbury,  and  the 
osnaburgs  and  sheetings  in  store  were  distributed  among 
the  women  to  be  made  into  shirts  for  the  soldiers.  Colonel 
Polk,  who  was  the  commissary-general,  retired,  and  Greene 
asked  the  Board  of  War  to  appoint  Colonel  Davie  to  that 
most  important  position, 
s.  rmxv.  Desiring  to  cover  Cross  Creek,  Greene  directed  Colonel 
x84  Kosciusko,  of  the  engineers,  to  select  a  camp  on  the  Peedee 

where  provisions  could  be  obtained,  and  after  some  delay, 
caused  by  terrible  rains  and  bitter  cold,  on  December  20th 


i.  R.,  XV, 
84, 185 


MILITARY  MOVEMENTS  641 

he  broke  camp  and  moved  his  army  to  a  location  at  the  U*l 

Cheraws. 

Morgan  had  already  been  advanced  beyond  the  Broad  January 
with  a  detachment  of  three  hundred  Maryland  regulars  and 
the  Virginia  militia  and  Washington's  dragoons,  along  with 
some  four  hundred  militia  embodied  in  the  adjacent  counties 
of  North  Carolina  and  some  others  from  South  Carolina  and 
Georgia.  General  Small  wood,  whose  appointment  to  the 
command  of  the  militia  had  resulted  in  the  retirement  of 
Caswell  and  Sumner,  now  himself  returned  to  Maryland  in 
order  to  hasten  on  re-enforcements  and  supplies  from  that 
State,  and  also  to  have  settled  a  question  of  rank  between  / 
himself  and  Baron  Steuben.  \ 

The  opening  of  the  new  year  was  not  without  a  bright 
lining  to  the  clouds  that  had  overcast  the  skies.  There  was 
at  least  a  rainbow  of  hope  in  the  heavens.  Greene  was  now 
in  command,  Morgan  in  the  advance,  the  State  was  again 
free  from  the  presence  of  a  hostile  army,  and  renewed  zeal 
was  apparent  among  the  inhabitants  of  every  section.         

The  General  Assembly  was  to  have  met  at  Halifax  early 
in  January,  but  the  members  arrived  so  slowly  that  it  was 
the  26th  before  a  quorum  appeared.     The  Board  of  War, 
however,  was  in  session  and  had  control  of  military  affairs. 
The  army  had  suffered  much  from  the  inefficiency  of  the 
commissary  department.    In  each  district  there  was  a  com- 
missary to  obtain  supplies,  but  no  general  head.     General   s.  r.,  xiv, 
Greene  had  urged  the  appointment  of  Colonel  Davie  to  be  49° 
commissary-general  for  the  State,  but  the  Board  hesitated 
to  make  such  an  innovation,  not  warranted  by  the  act  of 
Assembly ;  but  finally,  on  January  16th,  it  conferred  on  that 
active  and  accomplished  young  officer  the  office  of  "super-   Davie 
intendent  commissary-general."     Difficult  as  was  the  task   general5**7" 
imposed  on  Colonel  Davie  he  performed  it  with  a  capability 
that  rendered  him  one  of  the  most  useful  men  in  the  army, 
but  it  removed  him  from  that  branch  of  the  service  where 
he  had  won  much  fame  by  his  daring  exploits. 

The  Council  Extraordinary 

On  the  meeting  of  the  legislature,  Governor  Nash  com-   fan.,  ,7s, 
plained  bitterly  that  the  Board  of  War  had  encroached  on  fj3*7*VI1, 


642  NASH'S  ADMINISTRATION,  1780-81 

l£L  his  powers  and  duties  as  governor,  and  he  offered  to  resign. 

xxiv  8  ^e  Assembly  thereupon  dispensed  with  that  board  and  sub- 
stituted a  Council  Extraordinary,  electing  Governor  Caswell, 
Colonel  Alexander  Martin,  and  Allen  Jones  as  members. 

*  Caswell  was  now  a  member  of  the  house,  and  Small  wood 

having  left  the  State,  it  was  proposed  to  restore  Caswell  to 

s.r.,xvii,  his  former  command  as  major-general  of  the  militia.    Indig- 

*  7  nant  at  his   former  treatment,  he,  however,  was  not   in- 

clined to  be  complacent;  and  to  placate  him  the  Assembly 
1  passed  a  resolution  declaring  the  reasons  which  had  induced 

the  appointment  of  General  Smallwood,  "and  the  high  sense 

the  Assembly  then  had  and  still  have  of  the  merits  of  General 

1  Caswell,  and  of  the  singular  services  by  him  rendered  this 

I  j  s.  r.,  State" ;  and  he  was  appointed  again  to  command  the  militia, 

[ ;  '  and  as  president  of  the  Council  Extraordinary  to  conduct 

J,;  military  affairs. 

;-,  His  health,  however,  was  poor,  and  his  operations  lacked 

j  his  former  energy.     He  established  a  camp  near  Halifax, 

f  and  ordered  out  the  various  militia  brigades,  but  the  zeal 

and  force  that  earlier  distinguished  his  actions  were  not  now 
i  so  apparent. 

\  He  was  directed  by  the  Assembly  to  raise  a  regiment  of 

light  horse  in  the  Wilmington  and  New  Bern  districts,  and 
I  General  Butler  one  in  the  Hillsboro  district.    Colonel  Mal- 

>  medy  was  appointed  to  command  the  latter  and  Colonel  Read 

j.  the  former.     Both  of  these  officers  later  served  in  South 

Carolina, 
s.  r.,  xv.  There  were  many  continental  officers  in  the  State  unem- 
ployed, and  as  Sumner  was  the  ranking  continental  Greene 
urged  him  to  have  these  officers  to  repair  to  the  camp  and 
assist  Caswell  in  organizing  the  militia.  Sumner  tendered 
his  own  services,  and  Colonel  Ashe  and  Major  Murfree  also 
reported  to  Caswell  and  placed  themselves  at  his  disposal. 
But  in  addition  to  the  indisposition  to  put  the  militia  under 
the  continental  officers,  the  militia  officers  themselves  held 
out  for  their  own  privilege  of  commanding  their  organi- 
zations; so  that  while  a  few  experienced  officers  were  em- 
ployed, such  as  Major  Dickson  as  inspector-general,  Major 
Armstrong  with  the  forces  at  Salisbury,  and  Colonel  Read 
as  commander  of  a  regiment  of  horse,  the  services  of  many 


4«5.  4»6 


DOMESTIC  AFFAIRS 


643 


of  the  most  efficient  regulars  were  not  utilized  by  the  State.  'Jl1 

Sumner  hoped  for  the  command  of  a  brigade  of  militia,  but 
met  with  disappointment.  The  General  Assembly,  however, 
made  provision  for  four  new  regiments  of  continentals,  and 
extraordinary  measures  were  devised  for  filling  up  the  ranks. 

In  order  to  raise  these  battalions,  the  Assembly  offered  xxiv,369 
a  bounty  of  i2,ooo,  and  promised  to  every  person  who  should 
enlist  and  serve  one  year  "one  prime  slave  .  .  .  and  six  hun- 
dred and  forty  acres  of  land" ;  and  provision  was  made  for  a 
draft  from  the  body  of  the  militia  for  the  continental  ser- 
vice. A  tax  in  kind  was  levied,  a  large  issue  of  bills  was 
authorized,  and  the  confiscation  act  was  further  suspended. 

No  party  divisions 

All  seemed  to  vie  in  patriotic  resolve.  Indeed,  during  the 
period  of  the  war,  when  every  nerve  was  strained  to  ac- 
complish success,  all  the  public  men  were  in  accord,  and 
there  does  not  seem  to  have  been  any  party  divisions,  except 
between  Whigs  and  Tories.  That  there  were  differences  in 
council  based  on  policy  and  expediency  is  probable,  extend- 
ing to  matters  of  finance  and  of  taxation  and  to  the  treat- 
ment of  the  disaffected  inhabitants ;  and  certainly  there  were 
clashings  arising  from  the  natural  ambitions  of  the  leading 
men.  But  amid  the  turmoils  and  alarums  of  war  it  is  not 
likely  that  there  were  discussions  between  candidates  on 
the  hustings,  and  no  newspapers  were  published  at  that  time  ^spa 
in  North  Carolina.  One  of  the  differences  among  the  *n**i 
people  arose  from  the  uncertain  value  of  the  currency,  which 
depreciated  because  of  excessive  issues.  Traders  and  spec- 
ulators took  advantage  of  the  condition  of  affairs,  still  fur- 
ther depreciating  it,  and  these  became  odious  among  the 
more  patriotic  inhabitants;  but  probably  none  of  the  public 
men  were  concerned  in  such  proceedings. 

The  course  of  political  action  appears  to  have  been  influ- 
enced merely  by  natural  considerations.  If  any  divisions 
were  evolved  at  the  time  of  the  formation  of  the  State 
constitution,  they  do  not  seem  to  have  been  fostered  and 
perpetuated.  They  passed  away.  Caswell  and  his  council 
tendered  appointments  to  Sam  Johnston  and  other  con- 
servatives, as  well  as  to  their  Democratic  friends.    Allen 


newspapers, 


34 


The  public 
men 


644  NASH'S  ADMINISTRATION,  1780-81 

*fr  Jones  was  year  by  year  honored  by  the  Assembly,  while  his 

brother,  Willie,  received  no  particular  mark  of  its  confi- 
dence, although  Jones  County  was  named  for  him.  Iredell 
was  appointed  to  the  bench,  and  when  he  retired  Maclaine, 

s.r.,xiv,  certainly  a  conservative,  was  elected.  He  declined,  recom- 
mending John  Williams,  who  was  in  high  favor  with  the 
Assembly.  On  Avery's  resigning  the  office  of  attorney- 
general,  Iredell  was  elected  to  that  position.  The  officers 
first  appointed  were  generally  re-elected  to  the  same  posi- 
tions. The  senate  continued  year  after  year  of  the  same 
mind,  while  Benbury  was  constantly  re-elected  speaker  of 
the  house.  In  1780  Willie  Jones  and  Sam  Johnston,  sup- 
posed to  be  in  antagonism,  were  elected  delegates  to  the 
Continental  Congress.  Caswell,  while  governor,  was  not  on 
good  terms  with  Penn,  nor  later  with  Governor  Nash.  The 
Assembly,  after  Camden,  deprived  him  of  his  command, 
and  creating  a  Board  of  War,  made  Penn  a  member  of  it ; 
and  Caswell  indignantly  withdrew  from  all  public  employ- 
ment. Six  months  later  the  Assembly  smoothed  his  ruffled 
feathers,  displaced  Penn  from  the  board  and  restored  Cas- 
well to  power  as  major-general  commanding  the  state  forces 
and  as  president  of  the  Council  Extraordinary  charged  with 
the  direction  of  military  affairs.  Next  to  him,  Colonel 
Alexander  Martin  was  apparently  the  favorite  among  the 
representatives.  On  the  promotion  of  Howe  he  had  become 
colonel  of  the  Second  Battalion,  but  was  charged  with  bad 
conduct  in  battle,  of  which,  however,  he  was  subsequently 
acquitted.  He  resigned,  and  was  chosen  speaker  of  the 
senate,  next  in  succession  to  the  governor,  and  made  presi- 
dent of  the  Board  of  War. 

Harnett,  one  of  the  prime  favorites  earlier,  had  been  com- 
pelled to  withdraw  from  public  employment  because  of 
impaired  health ;  and  General  Ashe,  still  more  advanced  in 
years,  likewise  was  a  great  sufferer,  but  continued  as  treas- 
urer until  1 78 1.  Many  of  the  first  men  in  talents  and  in 
energy,  having  entered  the  military  service,  had  become 
separated  from  the  civil  administration,  while  death  had 
made  considerable  inroads  in  the  ranks  of  the  patriot  leaders. 
During  Caswell's  administration  three  years  passed  with- 
out invasion ;  and  except  local  manifestations  of  disaffection 


DOMESTIC  AFFAIRS 


645 


and  the  great  efforts  made  to  sustain  the  army  and  to  send  ^ 

assistance  to  South  Carolina,  it  was  a  period  of  repose,  if 
not  of  peace.  The  inhabitants  were  measurably  engaged  in 
their  customary  vocations,  the  fields  were  tilled,  the  courts 
were  held,  the  churches  were  open,  schools  kept,  and  the 
people  lived  much  as  usual.  In  general,  the  inhabitants  su?einthe 
reared  in  the  forests  had  always  been  dependent  on  their  177*  to  1780 
own  exertions  for  the  comforts  of  life.  But  few  articles 
had  been  imported  from  abroad,  and  the  isolation  of  war 
brought  no  great  change  in  the  mode  of  living.  Indeed,  com- 
merce was  still  continued,  and  necessary  goods  to  some  ex- 
tent were  imported;  the  spinning- jenny  and  the  hand-loom 
were  constantly  employed,  and  the  people  were  dressed  in 
fabrics  of  their  own  manufacture.  Salt  was  made  on  the 
coast,  and  iron,  another  essential,  was  forged  at  the  Gulf, 
in  Chatham  County,  in  Johnston,  in  Nash,  in  Surry,  Lincoln 
and  other  counties.  The  dividing  line  between  Virginia  and 
North  Carolina  had  been  run  to  the  mountains  by  commis- 
sioners, those  on  the  part  of  Virginia  being  General  Joshua 
Fry  and  Peter  Jefferson,  and  on  the  part  of  North  Caro- 
lin,  Daniel  Weldon  and  William  Churton;  but  population 
had  extended  into  the  wilderness  beyond  that  line,  and  in 
1779  commissioners  were  appointed  to  continue  the  line,  sep- 
arating Washington  County  from  Virginia,  and  later  Sul-  233/224,300 
livan  County  was  laid  off.  These  two  counties  were  to 
extend  west  to  the  Tennessee  or  Ohio  River — for  even  then 
the  course  of  those  streams  was  not  accurately  known. 

James  Davis  continued  to  publish  his  newspaper  at  New   1776-78 
Bern,  to  print  the  laws  and  disseminate  information;  and 
for  the  speedy  transmission  of  intelligence  posts  were  estab- 
lished between  New  Bern  and  the  several  counties,  while  s.  r.,  xv, 
on  special  occasions  horsemen  were  employed  to  carry  news  "3 
with  despatch. 


s.  R., 
XXIV, 


During  Nash's  administration  the  surrender  of  Charleston  Nash's 
and  the  disaster  at  Camden  and  the  invasion  of  Mecklenburg  tion,n$lra* 
caused  distress,  and  the  extraordinary  efforts  made  to  or- 
ganize a  new  army  and  sustain  the  troops  in  the  field  bore 
hard  on  the  people  and  brought  them  to  realize  more  fully 
than  ever  the  dire  calamities  of  war  and  the  doubtful  nature 
of  the  struggle  in  which  they  were  engaged.    As  the  years 


0^6  NASH'S  ADMINISTRATION,  1780-81 

lJ^  passed  many  began  to  despair  and  grow  weary  of  the  sacri- 

fices they  were  constantly  called  on  to  make.  The  successive 
drafts,  the  heavy  taxes,  the  worthless  currency,  the  impress- 
ments and  the  privations  of  the  war  disheartened  hundreds 
who  had  once  been  zealous  in  the  American  cause. 


Dr.  Burke's  zeal  to  correct  abuses 

SjR ..  xv,  In  July,  on  the  return  of  Dr.  Burke  to  his  home  in  Orange 
County  from  the  Continental  Congress,  he  found  the  troops 
who  had  recently  arrived  from  the  north  in  great  distress 
for  the  want  of  food  and  forage,  and  that  the  quarter- 
masters were  committing  the  most  wanton  destruction  of 
property.  "Every  mouth  was  filled  with  complaints,  every 
countenance  expressing  apprehension,  dejection,  indigna- 
tion, and  despair  had  the  place  of  the  animated  zeal"  which 
he  had  before  observed.  Immediately  he  interposed  to 
check  the  abuses,  and  he  undertook  that  all  who  should  vol- 
untarily furnish  supplies  should  be  paid  without  depreciation 

July,  1780  ancj  should  be  protected  from  all  violence  and  injury.  Much 
of  the  situation  he  attributed  to  ill-advised  acts  of  the 
Assembly  passed  to  restrain  speculation,  which  prevented 
retailers  from  purchasing  from  the  merchants  and  put  a 
stop  to  importations.  Natural  trade  and  commerce,  made 
the  more  necessary  by  the  prevalent  conditions,  were  totally 
arrested,  and  this  evil  he  sought  to  remedy. 

s  r.,  xv,  The  State  had  ordered  out  eight  thousand  militia,  one 
division  of  which  was  already  in  the  field,  and  the  other  was 
on  its  march  to  the  general  rendezvous ;  but  the  men  were 
without  arms,  and  none  were  procurable.  At  that  time  Gov- 
ernor Nash  was  at  the  east,  and  Dr.  Burke  urged  him  to 
come  to  Hillsboro,  attended  by  his  council,  where  he  would 
be  in  more  close  communication  with  the  army  and  could 
better  deal  with  the  important  matters  of  the  day.  Even 
after  the  return  of  General  Gates  from  Camden  Dr.  Burke 
was  pressing  on  that  general  to  correct  the  irregularities  of 
his  quartermasters  in  their  dealings  with  the  people.  His 
interposition  to  protect  the  inhabitants  from  unnecessary 
exactions  was  greatly  appreciated,  spread  his  fame  and  in- 
creased his  popularity,  and  at  the  next  election  he  reaped  his 
reward  by  being  chosen  governor. 


77».  773 


JOHNSTON  IN  THE  CONTINENTAL  CONGRESS     647 

Sam  Johnston  declines  the  presidency  of  Congress  ^ 

In  the  fall  of  1780  Willie  Jones  attended  the  Continental 
Congress,  but  returned  home  on  the  opening  of  winter.  On 
December  29th  Samuel  Johnston  took  his  seat.  The  articles 
of  confederation,  having  been  agreed  to  by  all  the  other 
States,  were  finally  accepted  by  Maryland  on  March  1,  1781, 
and  on  the  day  following  they  were  ratified  in  the  Continen- 
tal Congress  by  all  the  delegates  from  the  several  states,  who 
then  signed  them  on  behalf  of  their  respective  states,  and 
the  confederation  went  into  effect.  For  North  Carolina  they 
were  signed  by  Burke,  Sharpe,  and  Johnston.  Samuel 
Huntington,  of  Connecticut,  had  been  the  president  of  the 
congress  under  the  old  system.  On  July  9th  an  election 
for  president  took  place  under  the  new  system.  Although 
Samuel  Johnston  had  been  but  six  months  a  member  of  the 
body,  such  was  his  recognized  capacity,  his  learning  and 
high  patriotism  that  he  was  chosen  by  the  Continental  Con- 
gress its  first  president  under  the  articles  of  confederation. 

Unfortunately,  circumstances  forbade  his  accepting  the  high   fe 

honor,  and  on  the  following  morning  he  declined  "for  such  VII«"s 
reasons  as  the  congress  regarded  satisfactory."  The  day 
following  Johnston  found  himself  constrained  to  return  to 
North  Carolina.  His  family  had  fled  from  Edenton,  and 
the  inhabitants  of  his  immediate  section  were  in  such  dis- 
tress that  he  felt  compelled  to  hasten  home  and  share  their 
fortunes  or  aid  in  repairing  them. 


ournals  of 
ngress, 


CHAPTER  XXXVII 
Nash's  Administration,  1780-81 — Continued 

The  battle  of  Cowpens.— Cornwallis  pursues  Morgan. — The  death 
of  Davidson. — Invasion  of  the  State—Greene  crosses  the  Dan. — 
The  endurance  of  the  troops. — Cornwallis  at  Hillsboro. — On  the 
Cape  Fear. — The  movements  of  the  armies. — Pyle's  massacre- 
Greene  at  Troublesome  Creek. — Battle  of  Guilford  Court  House. 
— Cornwallis  moves  east  and  Greene  pursues.— Cornwallis  reaches 
Wilmington,  Greene  goes  to  South  Carolina. — Craig  occupies 
Wilmington. — Death  of  Harnett. — Cornwallis' s  plans. — Cornwallis 
marches  to  Virginia. — The  inhabitants  distressed. — At  Edenton. — 
The  Whigs  rally. — Greene  in  South  Carolina. — Death  of  Major 
Eaton. — Cartel  of  exchange  agreed  on. — Atrocities  lead  to  threats 
of  retaliation. — Gregory  defends  the  Albemarle  region. 

The  battle  of  Cowpens 
l£l  Strengthened  by  the  arrival  of  Leslie's  regiments,  and 

Memoirs  pressed  for  provisions,  Cornwallis  with  the  opening  of  the 
aw-***  ia7  new  year  determined  on  renewing  his  campaign.  Engaging 
s.rT,'xvu,  Greene's  attention  with  Leslie's  corps,  he  threw  Tarleton 
98X1  a9a  on  Morgan,  while  he  prepared  to  advance,  hoping  to  sep- 
arate the  American  columns  and  beat  them  in  detail.  On 
January  17th  Tarleton,  confident  of  easy  victory,  came  up 
with  Morgan  at  the  Cowpens,  near  the  North  Carolina  line, 
some  forty  miles  west  of  Charlotte;  but  after  a  stubborn 
contest  of  fifty  minutes  his  famous  corps,  that  had  been 
regarded  as  invincible,  was  broken  and  dispersed  and  the 
larger  part  of  it  taken  prisoners.  In  arranging  for  the 
battle  Morgan  established  at  his  front  two  light  parties  of 
militia,  one  hundred  North  Carolinians  under  Major 
McDowell,  of  Burke  County,  and  about  fifty  Georgians 
under  Major  Cunningham.  To  these  picked  riflemen  were 
given  orders  to  feel  the  enemy  as  he  approached  and  to 
maintain  a  well-aimed  fire,  and  then,  when  they  fell  back, 
to  renew  the  conflict  along  with  the  first  line  of  battle.  This 
main  line  was  composed  of  about  two  hundred  North  Caro- 


1.  Banastrk  Tarlbton 
8.  Daniel  Morgan 


2.  Horatio  Gates 

4.  Charles,  Marquis  Cornwalus 


THE  VICTORY  AT  COW  PENS  649 

lina  militia  and  near  a  hundred  South  Carolinians,  and  was  2jl 

under  the  command  of  General  Andrew  Pickens.  Further 
to  the  rear,  on  the  crown  of  an  eminence,  were  posted  the 
three  hundred  Maryland  regulars  and  two  companies  of 
Virginia  militia  and  a  company  of  Georgians,  all  commanded 
by  Colonel  Howard,  of  Maryland.  Washington's  cavalry, 
reinforced  by  a  company  of  mounted  militia,  was  held  in 
reserve.  The  field  of  battle  was  a  sparse,  open  pine  forest, 
and  the  bright  beams  of  the  rising  sun  heralded  the  opening 
of  a  glorious  day. 

Tarleton  on  reaching  the  ground  impetuously  rushed  on 
to  strike  his  prey.  On  being  attacked,  the  advanced  riflemen, 
after  some  skirmishing,  fell  back  and  joined  the  main  line 
under  Pickens.  The  enemy,  shouting,  rushed  forward,  but 
were  received  by  a  close  and  heavy  volley;  their  advance 
was  not  checked,  however,  and  resorting  to  the  bayonet,  they 
drove  Pickens's  line  from  its  position.  A  part  of  that  corps 
took  post  on  Howard's  right,  and  as  Tarleton  pushed  for- 
ward he  was  received  with  unshaken  firmness.  The  contest 
became  obstinate,  each  party,  animated  by  the  example  of 
its  leader,  nobly  contending  for  victory.  Outflanked,  how- 
ever, Howard's  right  began  to  yield,  and  the  line  retiring, 
Morgan  directed  it  to  retreat  to  the  cavalry.  There  a  new 
position  was  assumed  with  promptness.  Mistaking  this 
movement  for  flight,  the  British  rushed  on  with  impetuosity 
and  disorder.  As  they  drew  near  Howard  faced  about  and  Howard 
poured  in  a  close  and  murderous  volley.  Stunned  by  this 
unexpected  shock,  the  advance  of  the  enemy  recoiled  in  con- 
fusion, and  Howard's  continentals  rushed  upon  them  with 
the  bayonet.  The  British  reserve,  having  been  brought  close 
to  the  front,  shared  in  the  destruction  of  the  American  fire, 
and  there  was  no  rallying  point  offered  for  the  fugitives. 
At  the  rear  the  battle  also  went  well.  Two  companies  of 
Tarleton's  cavalry  having  made  a  detour  to  cut  off  the 
Americans,  Washington  struck  them  with  his  dragoons  and 
drove  them  before  him.  Thus  simultaneously  the  British 
infantry  and  cavalry  engaged  were  routed.  Morgan  with 
promptness  and  resolution  urged  his  victorious  troops  to 
renewed  efforts,  and  the  pursuit  became  vigorous  and  gen- 
eral.    Colonel   Washington    having  dashed    forward   fully 


650 


NASH'S  ADMINISTRATION,  1780-81 


I781 


Wheeler, 
Hi»t.  N.  C, 
II,  186 


thirty  yards  ahead  of  his  troops,  Tarleton,  in  the  rear  of  his 
own,  attended  by  two  officers,  turned  and  advanced  to  meet 
him.  Here  a  personal  contest  ensued  between  these  two 
heroes  of  the  battlefield.  Both,  however,  escaped  the  im- 
minent peril.  An  anecdote  has  been  preserved  that  some 
months  later,  when  Tarleton  was  at  Halifax,  he  remarked 
to  the  wife  of  Willie  Jones  that  he  understood  that  redoubt- 
able leader,  Washington,  could  not  write,  whereupon  Mrs. 
Jones  replied:  "You  at  least,  sir,  can  bear  witness  that  he 
can  make  his  mark,"  referring  to  a  wound  Tarleton  re- 
ceived on  his  hand  in  that  encounter.  Turning  then  to  Mrs. 
Ashe,  the  colonel  said  that  he  had  never  had  the  pleasure  of 
meeting  Washington,  and  she  answered  quickly :  "Had  you 
looked  behind  you  at  Cowpens  you  would  have  seen  him." 

The  loss  of  the  Americans  was  comparatively  small,  the 
British,  it  was  supposed,  shooting  too  high — only  n  killed 
and  61  wounded.  The  British  suffered  much  more  severely ; 
150  were  killed,  200  wounded,  and  400  prisoners,  chiefly 
infantry.  The  artillery,  800  muskets,  2  standards,  35  bag- 
gage wagons  and  100  dragoon  horses,  besides  the  prisoners, 
fell  into  Morgan's  possession. 

A  part  of  Tarleton's  horse  that  had  early  fled  from  the 
field  of  battle  carried  information  of  the  disaster  to  Corn- 
wallis.  That  general  fully  realized  the  reverse  following  so 
quickly  the  destruction  of  Ferguson's  corps.  A  peer  of  the 
British  realm,  trained  from  early  youth  to  arms,  now  in  his 
forty-second  year,  a  man  of  great  ability  and  self-poise, 
always  accustomed  to  independent  action  and  relying  on  his 
own  judgment,  he  was  quick  to  decide  the  course  to  be 
pursued.  He  resolved  by  celerity  of  movement  to  regain 
his  prisoners  or  to  cut  off  Morgan's  force  before  it  could 
be  joined  by  the  other  part  of  Greene's  army.  On  being 
joined  by  Leslie  he  moved  with  despatch  toward  the  fords 
of  the  Catawba. 


Lee's 

Memoirs, 
»33 


Cornwallis  pursues  Morgan 

Immediately  after  the  engagement  Morgan  had  hurried 
a  messenger  to  Greene  with  news  of  his  victory,  and  that 
general,  comprehending  the  situation,  on  the  25th  directed 
General  Huger  to  conduct  the  army  to  Salisbury,  while  he 


997 


MOVEMENTS  OF  CORNWALUS  651 

himself  with  a  few  dragoons  hastened  to  the,  scene  of  active  ljf* 

operations. 

Morgan,  intent  on  evading  pursuit,  despatched  his  prison-  s.R.,xvii, 
ers  under  guard  of  General  Stevens  and  the  militia  north-  "~" 
ward  beyond  the  South  Mountains  toward  Morganton. 
Reaching  the  state  road,  Stevens  turned  eastward,  crossing 
the  Catawba  at  Island  Ford  ;*  and  thence  the  prisoners  were 
conveyed  beyond  the  Dan  into  Virginia.  The  general  him- 
self with  his  continentals  pursued  a  lower  route,  and  forded 
the  Catawba  at  Sherrill's.  On  the  28th  Cornwallis  reached 
the  vicinity  of  Beattie's  Ford,  ten  miles  below,  and  there 
rested.  He  now  determined  to  convert  his  army  into  light 
troops  by  destroying  his  baggage.  He  set  the  example  him- 
self by  committing  to  the  flames  the  baggage  of  head- 
quarters. Everything  save  a  small  supply  of  clothing,  hos- 
pital stores,  salt,  ammunition,  and  conveniences  for  the  sick 
was  destroyed. 

On  the  afternoon  of  the  31st  General  Greene  arrived  at 
Beattie's  Ford,  where  by  appointment  General  Morgan  was 
waiting  for  him.  By  Greene's  direction,  General  Davidson, 
who  had  collected  about  five  hundred  militia,  divided  his 
force  and  stationed  some  at  different  fords,  of  which  there 
were  several  to  be  guarded.  He  himself  with  about  two 
hundred  infantry  took  post  at  a  horse  ford  some  two  miles 
distant  from  Cowan's  Ford,  where  a  small  picket  force  was 
stationed. 


The  death  of  Davidson 

At  dawn  of  February  1st  the  British  army  began  to  cross.    S.R..XVH, 
The  first  movement  was  by  way  of  Cowan's  Ford,  and  the  ™* 
pickets  there  gave  speedy  notice  by  their  prompt  firing. 
Davidson  hurried  to  the  scene  with  his  infantry,  he  himself 
being  on  horseback.     The  enemy's  vanguard  had  already 
reached  the  eastern  bank  before  his  arrival,  and  there  was 
desultory  firing  while  he  was  placing  his  men  in  position. 
The  British  advance  now  pressed  on  Davidson's  unformed   g^^ 
line,  and  that  practised  officer  ordered  his  men  to  withdraw  ^3 
about  fifty  yards  to  the  cover  of  some  trees,  where  they  could 
fight  to  better  advantage.     Hardly  had  he  given  his  order 

♦In  the  vicinity  of  Statesville. 


652  NASH'S  ADMINISTRATION,  1780-81 

1781  when  he  fell,  pierced  by  a  rifle  ball.    He  was  a  trained  con- 

tinental officer,  courageous,  efficient  and  enterprising,  and 
he  was  much  beloved  by  the  inhabitants  of  his  section  and 
greatly  esteemed  throughout  the  State.  His  death  was  a 
great  loss  to  the  American  cause  and  was  widely  lamented, 
the  Continental  Congress  itself  ordering  a  monument  to  be 
erected  as  a  memorial  of  his  distinguished  worth. 

The  invasion  of  the  State 

Having  effected  a  crossing,  Cornwallis  hurried  toward 
Salisbury,  hoping  to  overtake  Morgan,  who  had  moved  the 
evening  before.     While  the  opposition  to  his  crossing  had 
not  delayed  him,  it  had  been  so  strenuous  that  the  next  day 
in  general  orders  he  made  his  warmest  acknowledgments 
to  the  cool  and  determined  bravery  of  the  advance  column 
in  accomplishing  it. 
CornwaiHs'.       On  entering  North  Carolina  his  Lordship  issued  frequent 
inr  cr     t     orders  forbidding  excesses  by  any  of  his  troops.     No  negro 
otdNo'di*    was  to  be  allowed  to  have  arms.    The  strictest  discipline  was 
w*ls*i.     to  be  enforced,  and  there  was  to  be  no  wanton  destruction 
of  property  or  any  unnecessary  exactions  from  the  inhab- 
itants.    He  came,  he  said,  to  establish  and  maintain  the 
rights  of  the  people  as  British  subjects,  and  his  army  should 
not  be  disgraced  by  any  outrages.    He  required  the  punish- 
ment of  any  soldier  or  camp  follower  who  should  disobey 
his  orders  in  this  respect. 

In  the  meantime  Huger  had  been  directed  by  Greene  to 
move  on  to  Guilford  Court  House  or  the  fords  of  the  Yad- 
kin and  there  await  further  orders.  At  midnight  of  the  1st 
.  Greene  left  the  Catawba  for  Salisbury.  An  anecdote  is 
related  in  Johnson's  "Reminiscences"  that  on  his  arrival  at 
the  tavern  in  that  hamlet,  in  reply  to  inquiries  of  Dr.  Read, 
the  general  could  not  refrain  from  answering:  "Yes, 
fatigued,  hungry,  alone  and  penniless."  The  benevolent 
landlady,  Mrs.  Steele,  overheard  this  remark,  and  hardly 
was  the  general  seated  at  a  comfortable  breakfast  when 
she  presented  herself,  closed  the  door,  and  exhibiting  a  small 
bag  of  specie  in  each  hand,  said :  "Take  these,  for  you  will 
want  them,  and  I  can  do  without  them."     Such  was  the 


MOVEMENTS  OF  GREENE 


653 


spirit    that   had    ever    animated    the    patriotic    women   of  lJs* 

Salisbury. 

There  had  been  heavy  rains  on  February  1st,  and  Mor- 
gan's continentals  passed  the  Yadkin  at  Trading  Ford, 
seven  miles  from  Salisbury,  just  before  the  stream  rose 
rapidly  from  the  flood. 

Some  of  the  militia,  being  the  rear  detachment,  were  over-  graham'* 
taken  after  night  at  the  river  bank  by  General  O'Hara,  who  300 
was  in  hot  pursuit,  and  a  slight  skirmish  ensued.     While 
the  Americans  succeeded  in  escaping,  the  wagons  and  bag- 
gage of  that  detachment  fell  into  the  hands  of  the  enemy. 
The  river  being  impassable,  Greene,  now  safe,  rested  on  the   H"v*  . . 

tiii  1  \,  ri  ,  unites  with 

eastern  bank  and  then  moved  toward  the  upper  fords,  where  Greene 
he  knew  Cornwallis  must  go  in  order  to  cross.  The  British 
commander,  debarred  from  crossing  lower,  also  turned 
northward  and  pursued  the  road  on  the  western  side  of 
the  river.  Time  having  been  thus  afforded  for  Huger's 
arrival,  Greene  marched  eastward  and  reached  Guilford 
Court  House  on  the  7th,  where  Huger  joined  him  later  on 
that  day. 

Greene  crosses  the  Dan 

The  united  force  of  Americans,  including  five  hundred 
militia,  somewhat  exceeded  twenty-three  hundred  men, 
of  whom  nearly  three  hundred  were  excellent  cavalry. 
Cornwallis's  army  was  estimated  at  twenty-five  hundred 
trained  veterans.  At  a  council  of  war  held  by  Greene  Lee's 
it  was  determined  not  to  give  battle,  but  to  cross  the  Dan  ^I™1*??. 
and  await  the  arrival  of  more  militia.  Colonel  Carrington 
was  directed  to  collect  boats  for  the  passage  at  Irwin's  Ferry, 
some  seventy  miles  distant  and  well  to  the  eastward;  and 
in  order  to  delay  pursuit  a  light  corps  of  seven  hundred 
men  was  organized,  the  command  of  which  was  offered  to 
General  Morgan.  General  Morgan  had  been  in  retirement 
from  illness  when,  at  the  instance  of  congress,  in  October 
he  accepted  employment  at  the  south,  and  the  exposure  to 
which  he  had  been  subjected  now  resulted  in  an  attack  of 
rheumatism,  which  incapacitated  him  for  this  active  duty. 
He  therefore  declined  the  command,  and  retired  to  his  home 
in  Virginia.     Colonel  Otho  Williams  was  then  selected  to 


654  NASH'S  ADMINISTRATION,  1780-81 

*J**  f  conduct  the  operations  of  that  corps.  He  so  manoeuvred 
that  the  British  commander  mistook  his  detachment  for 
Greene's  main  body,  and  he  delayed  the  pursuit  until 
Greene  on  February   13th  succeeded  in  crossing  the  Dan. 

Thepurauk  More  than  once  was  Williams's  rear  guard,  Lee's  legion, 
within  musket  shot  of  O'Hara's  van,  and  it  was  with  diffi- 
culty that  the  men  were  restrained  from  bringing  on  an 
engagement;  but  that  was  no  part  of  Williams's  purpose. 
Eventually  he,  too,  about  three  o'clock  on  the  evening  of 
the  13th,  reached  the  vicinity  of  the  ferry,  and  by  sunset 
his  infantry  gained  the  river  and  were  transported.  Lee 
had  been  left  to  keep  the  enemy  in  check,  and  about  dark 
he  succeeded  in  withdrawing  his  cavalry,  and  between  eight 
and  nine  o'clock  that  night  his  men  embarked  in  the  boats, 
making  the  horses  swim  the  stream.  Thus  ended  this  long, 
arduous  and  eventful  retreat.  "No  operation  during  the 
war,"  says  Lee  in  his  "Memoirs,"  "more  attracted  the  public 
attention  than  this  did ;  not  only  the  toils  and  dangers  en- 
countered by  a  brave  general  and  his  brave  army  interested 
the  sympathy  of  the  nation,  but  the  safety  of  the  South 
hanging  on  its  issue,  excited  universal  concern."  "When 
we  add  the  comfortless  condition  of  our  troops  in  point  of 
clothing — the  shoes  generally  worn  out,  the  body  clothes 
much  tattered,  and  not  more  than  one  blanket  for  four  men — 
the  rigor  of  the  season,  the  inclemency  of  the  weather,  our 
short  stock  of  ammunition  and  shorter  stock  of  provisions — 
the  single  meal  allowed  us  was  always  scanty  though  good  in 
quality  and  very  nutritious,  being  bacon  and  corn  meal — 
and  contrasted  with  the  comfortable  raiment  and  ample  equip- 
ment of  the  enemy,  ...  we  have  abundant  cause  to  honor 
the  soldier  whose  mental  resources  smoothed  every  difficulty, 
and  ultimately  made  good  a  retreat  of  two  hundred  and 
thirty  miles  .  .  .  without  the  loss  of  either  troops  or  stores." 
This  tribute  to  General  Greene  is  but  the  expression  of 
the  universal  praise  which  has  been  bestowed  upon  that 
great  commander,  not  only  by  his  countrymen  but  by  the 
agreeing  voices  of  all  men ;  and  yet  something,  too,  is  to 
be  said  of  those  suffering  patriots  who  constituted  the  rank 
and  file  of  his  gallant  army.  Their  endurance,  their  un- 
flagging zeal,  their  spirit  of  self-sacrifice,  entitle  them  to 


CRAIG  OCCUPIES  WILMINGTON  655 

unstinted    praise   and   the   grateful   remembrance   of   pos-  'J*1 

lerity. 

Writing  to  Washington  immediately  on  his  arrival  at 
Irwin's  Ferry,  Greene  himself  said:  "The  miserable  situa- 
tion of  the  troops,  the  want  of  clothing,  has  rendered  the 
march  the  most  painful  imaginable,  many  hundreds  of  the 
soldiers  tracking  the  ground  with  their  bloody  feet.  Your 
feelings  for  the  sufferings  of  the  soldiers,  had  you  been  with 
us,  would  have  been  severely  tried." 

Cornwallis,  baffled  in  his  purpose,  yet  apparently  master  J^Hiifiboro 
of  the  situation,  took  post  at  Hillsboro,  where  he  erected 
the  king's  standard  with  great  formality,  saluting  it  with 
twenty-one  guns,  and  Josiah  Martin,  who  had  accompanied 
him,  once  more  essayed  to  enter  upon  the  administration  of 
his  office  as  royal  governor.  But  neither  the  commander  nor 
the  governor  was  to  receive  much  comfort. 


The  British  on  the  Cape  Fear  ^^ 

While  these  matters  of  moment  were  passing  at  the  west, 
the  east  as  well  had  become  greatly  disturbed.  Although 
General  Leslie  had  in  November  been  diverted  from  occupy- 
ing the  lower  Cape  Fear,  that  purpose  was  not  abandoned, 
and  contemporaneously  with  Arnold's  invasion  of  the  Chesa- 
peake and  Cornwallis's  advance,  such  a  movement  was 
undertaken.  With  a  fleet  of  eighteen  sail,  carrying  four 
hundred  regulars,  artillery  and  dragoons,  Major  James  H. 
Craig  was  despatched  to  occupy  Wilmington.  His  vessels 
reached  the  harbor  toward  the  last  of  January,  and  on 
the  28th  he  approached  the  town.  Taking  possession,  he  at  «781 
once  began  to  fortify  by  erecting  batteries  on  the  hills  to  423  M 
the  north  and  south,  and  so  strengthened  himself  that  he 
could  not  be  attacked  with  any  hope  of  success.  At  that 
time  it  was  also  apprehended  that  there  would  be  a  move- 
ment in  the  interior  from  Camden,  and  such  stores  as  the 
Americans  had  to  the  southward  were  moved  across  the 
Cape  Fear  River.  Aroused  by  the  presence  of  their  British 
friends,  the  Tories  of  Bladen  and  Anson  became  active,  and 
it  required  strenuous  efforts  on  the  part  of  the  local  leaders 
to  suppress  them.  General  Lillington  at  once  called  out  the 
militia  of  that  section,  but  so  many  of  them  had  been  taken 


656 


NASH'S  ADMINISTRATION,  1780-81 


lJf*.  at  Charleston  and  were  on  parole,  and  the  country  had  been 

so  drained  of  adherents  of  the  Whig  cause,  that  but  a  small 
force  could  be  collected.  To  keep  Craig  in  check,  General 
Caswell  was  ordered  with  the  New  Bern  brigade  and  Gen- 
eral Butler  with  the  Hillsboro  brigade  to  the  assistance  of 
Lillington.  Such  was  the  situation  when  Cornwallis  was 
pursuing  Greene  across  the  western  part  of  the  State  and 
invading  the  western  counties. 


Graham's 
Graham, 
3" 


S   R 

xxii',  123 


Graham*t 
Graham, 
3*7 


S   R 

xxii',  i4t 


Lee's 

Memoirs, 

»53 


S   R. 

xxii',  1*4 

Graham's 
Graham, 
3>9 


Movements  of  the  armies 

After  Davidson's  death,  although  the  militia  of  the  west- 
ern district  had  no  commander,  some  seven  hundred  of  them, 
all  horsemen,  collected  in  the  rear  of  the  British  army,  and 
in  the  absence  of  a  brigadier  chose  General  Andrew  Pickens, 
of  South  Carolina,  as  their  commander.  In  the  troop  was 
a  company  under  Captain  Graham  that  subsequently  became 
greatly  distinguished.  They  followed  the  route  taken  by 
Cornwallis  through  Salem  and  Guilford  Court  House,  and 
reached  Hart's  Mills,  near  Hillsboro,  about  the  time  that 
Cornwallis  established  himself  at  that  place. 

There,on  February22d,  Lee's  corps  was  joined  to  Pickens's 
brigade,  all  under  the  command  of  the  brigadier-general. 
Other  re-enforcements  of  North  Carolina  militia  were  also  ex- 
pected, and  to  facilitate  their  union  and  re-establish  confidence, 
three  days  after  Cornwallis  entered  Hillsboro  Greene  himself 
crossed  the  Dan  and  passed  to  the  west  of  his  adversary.  In 
response  to  Cornwallis's  call, the  Tories  began  to  embody, and 
some  two  hundred  of  them  were  collecting  under  Dr.  Pyle 
in  Chatham  and  western  Orange  when  Lee  and  Pickens  were 
advancing  into  that  section.  Tarleton,  hearing  that  the 
Whigs  proposed  to  suppress  the  Tory  rising,  moved  out 
to  protect  Dr.  Pyle  and  his  recruits.  Ignorant  of  the  move- 
ment of  the  Tories,  Lee  pursued  his  way  to  the  southward, 
and  on  the  24th,  at  a  point  south  of  the  Haw,  near  the  site 
of  the  present  town  of  Burlington,  accidentally  met  the 
Tories  in  the  road,  who,  expecting  Tarleton,  and  with  no 
information  of  the  presence  of  any  Whig  force,  arranged 
themselves  along  the  road  to  allow  their  supposed  friends 
to  pass.  As  soon  as  Lee's  dragoons  had  reached  the  ex- 
tremity of  the  Tory  line,  the  character  of  the  Loyalists  being 


RE-ENFORCEMENTS  FOR   GREENE  657 

discovered,  a  signal  was  made  for  an  onslaught,  and  Pyle's  *J^ 

unsuspecting  men  were  quickly  despatched.    Ninety  of  them   February 
were    killed    outright    and    most    of    the    survivors    were   Massacre  of 
wounded.     Those  not  thrown  to  the  ground  dispersed  in   Toif« 
every  direction,  but  were  not  pursued.     Lee  lost  in  this 
slaughter  only  one  horse — not  a  single  man.     At  the  time 
Tarleton  was  hardly  a  mile  distant,  but  he  was  not  advised 
of  the  encounter  or  of  the  presence  of  a  Whig  force  until 
some  fugitives  brought  him  information. 

Greene  established  himself  between  Troublesome  Creek  P.«eneat 
and  Reedy  Fork,  in  the  vicinity  of  Guilford  Court  House,  someCreek 
having  his  light  corps  interposed  between  his  main  army 
and  Cornwallis.    His  report  of  men  fit  for  duty  on  the  17th 
indicated  a  thousand  continentals,  less  than  two  hundred 
cavalry  and  a  hundred  mounted  infantry — an  effective  force 
of  some  fourteen  hundred  men ;  but  he  was  expecting  a 
regiment  oT  regulars  from  Virginia  that  had  been  hurried 
forward  and  several  thousand  militia  to  join  him.     Gen- 
eral Butler's  brigade,  that  had  been  despatched  to  the  assist- 
ance of  Lillington  was  ordered  to  return  to  the  west,  and 
the  Halifax  brigade  was  collecting  for  the  march.     Gen- 
eral Allen  Jones,  having  to  return,  invited  Sumner  to  take  saR-  xv» 
command,  but  General  Eaton  claimed  the  right  and  refused 
to  relinquish  it.     Colonels  William  Campbell  and  Preston,   Re-enforce- 
of  Virginia,  were  also  hurrying  to  Greene's  camp,  as  well 
as  smaller  detachments  under  Majors  Winston  and  Arm- 
strong.   General  Stevens,  too,  who  had  conveyed  the  prison-   mS^*, 
ers  taken  at  Cowpens  to  a  place  of  security,  was  now  return-  a69 
ing  with  his  brigade  of  Virginia  militia.     To  prevent  the 
junction  of  these  re-enforcements  and  to  strike  Greene  before 
he  was  further  strengthened,  on  February  26th  Cornwallis 
himself  marched  to  the   westward,  establishing  his  head- 
quarters at   Hawkins's,   to  the  west  of  Alamance  Creek. 
Doubtless  he  also  hoped  for  accessions  from  the  Tories.    One 
band  of  Loyalists  from  Deep  River,  consisting  of  about  a 
hundred,  approached   his  camp  on   a   night   march.     But  GrahaS!" 
Graham's  company  had  been  so  bold  and  daring,  even  in  339 
the  vicinity  of  the  British  headquarters,  that  a  troop  of  Tarle- 
ton's  dragoons,  discovering  the  approach  of  an  unknown 
body  of  men  at  night,  thought  them  Graham's  troop,  and  fell 


65« 


NASH'S  ADMINISTRATION,  1780-81 


1781 


S.R.,XVII, 
101 1 

Graham's 
Graham, 
399 


Lee's 

Memoirs, 

■65 


on  them  and  hacked  up  about  thirty  of  the  Loyalists  before 
the  mistake  became  known.  As  Pyle's  Tories  had  suffered 
by  mistaking  Lee  for  Tarleton,  so  this  party  from  Deep 
River  suffered  at  Tarleton's  hands  by  being  mistaken  for 
Graham's  company.  These  mishaps  tended  to  dissipate  the 
zeal  of  the  Tories,  so  that  but  few  united  with  the  British 
army.  Indeed,  Cornwallis  was  so  disappointed  at  the  luke- 
warmness  of  the  Regulators,  from  whom  he  had  expected 
much  aid,  that  he  wrote  to  Clinton:  "I  could  not  get  one 
hundred  men  in  all  the  Regulators1  country  to  stay  with  us 
even  as  militia." 

To  avoid  a  battle  until  ready,  Greene  directed  the  several 
detachments  of  his  army  to  be  constantly  in  motion,  chang- 
ing their  location  every  night,  so  that  Cornwallis  would  not 
know  where  to  strike.  During  the  period  of  manoeuvring 
there  were  several  affairs  between  the  cavalry  and  Tarleton's 
legion :  one  at  Clapp's  Mill  on  March  2d,  followed  by  sev- 
eral minor  collisions  the  next  day;  and  at  Whitsell's  Mill 
on  March  6th  there  was  a  hotly  contested  battle.  In  these 
encounters  Pickens's  brigade,  embracing  Graham's  troopers, 
participated  with  much  credit. 

But  the  time  of  that  brigade  expired  on  the  3d,  and  after 
remaining  a  few  days  longer,  the  men  were  dismissed  and  re- 
turned to  their  homes. 


Lee's 

Memoirs, 
17a 


Battle  of  Guilford  Court  House 

Finally,  about  March  7th,  the  British  commander  moved 
farther  west,  near  the  Quaker  settlement  at  New  Garden; 
and  four  days  later  Greene,  having  been  joined  by  sufficient 
reinforcements,  prepared  to  give  him  battle.  Several  im- 
portant highways  met  at  Guilford  Court  House,  and  on  the 
14th  (ireene  took  post  on  the  New  Garden,  or  Salisbury, 
road  leading  to  the  west  from  that  hamlet.  He  had  carefully 
selected  his  ground ;  indeed,  it  is  thought  that  on  his  hasty 
march  some  weeks  before  he  had  chosen  that  battlefield. 
For  his  first  line  he  placed  on  the  right  of  that  road  Eaton's 
militia,  and  on  the  left  Butler's,  both  being  protected  by  a 
rail  fence  that  skirted  an  open  field  which  lay  in  their  front. 
On  either  Hank  there  were  stationed  some  three  hundred 
regulars  to  give  stability  to  the  militia.    In  the  rear  of  this 


1.  Guilford  Court  House  Battlefield  To-day 
2.  Nathanael  Greene 


NASH'S  CONTINENTALS 


659 


line  there  was  a  woodland,  in  which  three  hundred  yards 
distant  he  posted  the  Virginia  militia  under  Lawson  and 
Stevens;  while  the  continentals  were  reserved  for  his  main 
line  some  five  hundred  yards  still  farther  to  the  rear. 

The  British  moved  with  precision,  being  well-trained  vet- 
erans. Cornwallis's  own  regiment  was  renowned  and  had 
fought  many  battles.  The  Welsh  Fusiliers,  distinguished  by 
having  the  Prince  of  Wales  nominally  for  its  colonel,  was 
commanded  by  Colonel  Webster,  one  of  the  most  accom- 
plished officers  in  the  army.  The  Seventy-first  Scotch  High- 
landers, known  in  the  annals  as  the  Black  Watch,  had  a 
record  of  great  glory;  and  the  Queen's  Guards,  com- 
manded by  Colonel  Stuart,  was  a  famous  corps.  The 
field  pieces,  as  usual,  began  the  engagement.  As  the 
British  regulars  advanced  with  fixed  bayonets,  they  gained  n 
the  open  field  and  approached  within  forty  yards  before 
perceiving  the  North  Carolina  militia  behind  the  fence.  For 
a  moment  the  two  lines  stood  in  silence,  then  Webster,  as 
gallant  in  action  as  wise  in  counsel,  ordered  a  charge,  and 
his  troops  rushed  forward,  receiving  a  hot  fire  from  the 
American  line.  Dreadful  was  the  havoc  on  both  sides  at 
this  initial  point  of  the  conflict.  The  fire  on  the  right  was 
deadly,  some  of  the  Americans  fighting  like  heroes.  The 
militia,  however,  speedily  broke  before  the  British  bayonets, 
Eaton  first,  then  Butler's,  and  retreating,  passed  through  the 
Virginians  posted  in  their  rear,  throwing  them  into  con- 
fusion. Lawson's  Virginians  likewise  gave  way,  but 
Stevens's  brigade  made  a  firm  stand.  Eventually  they,  too, 
were  pressed  back  on  the  continentals.  Here  the  Second 
Maryland  Battalion,  a  new  organization,  never  before  under 
fire,  followed  the  example  of  the  militia  ;  but  the  First  Mary- 
land, after  a  well-directed  volley,  charged  with  the  bayonet, 
routed  the  enemy  and  pursued  them.  Bloody  and  fierce  now 
was  the  battle,  the  continentals  and  Washington's  cavalry 
fighting  with  courage  and  resolution  seldom  surpassed.  The 
British  loss  bears  witness  to  the  valor  of  their  foe.  Greene's 
army  had,  however,  been  severed  into  detached  fragments, 
and  he  feared  to  risk  a  prolongation  of  the  contest.  The 
enemy  rallying  and  threatening  his  rear,  he  prudently  and 
skilfully  withdrew  his  forces  from  the  field. 


1781 

March  15th 


Lee's 
Memoirs, 
277,  280 


Lamb's 
Hist.  Am. 
Rev.,  361 

Schenck's 
North 
Carolina, 
1780-81,  345 

McRee's 
Iredell,  I, 
493 

S.R..XVII, 
1003 


66o 


NASH'S  ADMINISTRATION,  1780-81 


1781 


Great 

slaughter 


Lee's 

Memoirs, 

984 


The  terrible 
night 


A  similarity  is  to  be  observed  on  the  American  side  be- 
tween the  arrangement  of  the  troops  in  this  and  in  the  battle 
of  Cowpens,  and  also  in  the  course  of  events  during  the 
progress  of  the  battles  up  to  the  breaking  of  the  Second 
Maryland  Continentals.    But  on  the  British  side  there  was 
much  difference.    At  Cowpens  the  action  of  Tarleton's  corps 
was  not  comparable  to  the  steady  conduct  of  the  regulars 
in  this  great  battle,  comprising  some  of  the  most  famous  or- 
ganizations in  the  history  of  the  British  army.     Apparently 
they  might  have  been  destroyed,  but  could  not  have  been 
driven  from  the  field. 

The  American  loss  was  14  officers  and  312  of  the  con- 
tinental troops  killed,  wounded  and  missing.  Many  of  the 
militia  were  missing,  although  no  prisoners  were  taken.  Of 
the  militia,  4  captains  and  17  privates  were  reported  killed, 
a  dozen  officers  and  60  privates  wounded,  as  was  also  Brig- 
adier-General Stevens.  The  slaughter  of  the  British  was 
much  greater.  The  official  report  states  their  loss  at  532,  of 
whom  93  were  left  dead  on  the  battlefield.  Colonel  Stuart 
and  Lieutenant  O'Hara,  brother  to  the  general,  and  many 
other  officers,  were  killed  outright ;  but  few  escaped  without 
wounds.  Many,  among  them  Colonel  Webster,  died  of  their 
wounds.  Seldom  has  an  army  suffered  so  severely.  At  the 
outset  there  was  terrible  slaughter,  the  Highlanders  being 
piled  upon  each  other.  In  the  progress  of  the  battle  Corn- 
wallis  himself  was  unhorsed,  his  guards  lay  weltering  in 
their  blood,  the  gallant  Webster  on  the  ground,  O'Hara 
disabled  by  his  wounds,  Tarleton  with  a  rifle  ball  through 
his  hand,  Howard  borne  off  the  field,  and  Stuart  still  in 
death.  The  rank  and  file  suffered  alike.  But  the  culmina- 
tion of  the  carnage  was  in  the  final  encounters  of  that  fate- 
ful day.  It  was  the  immolation  of  an  army  of  veterans 
intent  on  victory.  The  battle  being  joined,  Cornwallis  re- 
solved on  destruction  rather  than  defeat;  and  while  he 
gained  the  victory,  he  lost  his  army. 

The  night  succeeding  this  day  of  blood  was  dark  and 
cold,  much  rain  falling.  The  dead  lay  unburied,  the  wounded 
unsheltered,  and  the  groans  of  the  dying  and  the  shrieks 
of  the  living  cast  a  deeper  shade  over  the  gloom  of  nature. 
Fatigued  as  the  British  troops  were,  without  discrimination 


CORN W ALU S'S  RETREAT 


661 


s.r.,xviii. 
In  Parha-  k»7 


pursues 
Coi 


rnwallis 


they  took  the  best  care  of  the  fallen  soldiers  the  situation  ]£l 

admitted ;  but  without  tents  and  the  houses  being  few,  many 
of  both  armies  were  exposed  to  the  deluge  of  rain,  and  it 
was  said  that  not  less  than  fifty  died  during  the  night.  The 
next  morning  was  spent  in  burying  the  dead  and  in  provid- 
ing comfort  for  the  wounded,  Cornwallis  paying  equal  atten- 
tion to  friends  and  foes.  He  was  a  man  of  generous  and 
lofty  spirit,  and  rancor  was  foreign  to  his  nature 
ment  he  had  been  a  friend  of  America  and  had  opposed  the 
measures  of  the  ministry.  Now  he  treated  the  fallen  with- 
out discrimination.  The  dead  being  buried,  he  returned  to 
New  Garden,  leaving  some  seventy  of  his  wounded,  incapa- 
ble of  being  moved,  to  the  humanity  of  General  Greene. 
There  on  the  18th  he  issued  a  proclamation  calling  on  the 
Loyalists  to  return  actively  to  their  duties  and  contribute  to 
the  restoration  of  government.* 

On  the  1 8th  he  began  to  move  eastward  by  easy  marches, 
having  care  for  the  comfort  of  his  wounded,  and  being  pJJ;eu™ 
obliged  to  subsist  on  the  country.  Greene  at  once  notified 
Colonel  Lee:  "I  mean  to  fight  the  enemy  again,  and  wish 
you  to  have  your  legion  and  riflemen  ready  for  action  on 
the  shortest  notice."  But  it  was  not  until  the  20th  that  he 
could  move,  for  ammunition  had  to  be  supplied,  cartridges 
made  and  provisions  collected.  In  the  meantime  Lee's  legion 
and  Campbell's  riflemen  pressed  the  rear  of  the  British 
commander,  who  dared  not  hazard  another  encounter. 

Willie  Jones,  who  after  the  battle  was  appointed  lieu- 
tenant-colonel of  Read's  militia  regiment,  while  on  the  pur- 
suit wrote :  "We  expect  to  come  up  with  them  in  a  day  or  two  499 
and  to  take  a  part,  if  not  the  whole  British  army."  The 
men  were  now  in  fine  spirits,  and  were  so  resolute  that 
had  Greene  overtaken  Cornwallis  the  British  army  would 
doubtless  have  been  destroyed  and  Ramsey's  Mills  would 
have  been  an  historic  spot. 

On  the  night  of  the  22d  the  British  army  lay  at  Dixon's 
Mills,  on  Cane  Creek,  in  Chatham  County.     From  there  it 

♦Cornwallis  wrote  to  Clinton:   "Many  of  the  inhabitants  rode  into 
camp,  shook  me  by  the  hand,  said  they  were  glad  to  see  us,  and  to   „£"* 
hear  that  we  had  beat  Greene,  and  then  rode  home  again." 


McRee's 
Iredell,  I, 


662 


NASH'S  ADMINISTRATION,  1780-81 


1781 


London, 
Revo.  Hist. 
Chatham 
County 

Lee's 

Memoirs, 

•90 


S.R.,XVII, 
101 1 
1781 


Greene  goes 
south 


McRee's 

Iredell,  I, 

497 

S.  R.,  XV, 

434.  440,  443 


marched  to  Pittsboro,  and  thence  to  Ramsey's  Mills.*    Here 
Cornwallis  found  it  necessary  to  build  a  bridge  and  to  collect 
supplies  to  carry  him  across  the  barrens  to  Campbellton.    So 
quick  had  been  his  pursuers  on  the  track  that  while  he  was 
yet  at  Ramsey's  Greene  reached  Rigsden's  Ford,  on  Deep 
River,  twelve  miles  above,  but  hesitated  to  cross,  uncertain 
of  Cornwall  is's  intentions.    The  bridge  completed,  the  Brit- 
ish commander,  finding  himself  in  peril,  decamped  with  such 
speed  that  he  left  some  of  his  dead  unburied,  and  was  unable 
to  burn  the  bridge  behind  him.     The  next  day,  the  28th, 
Greene's  main  force  arrived;  but  it  was  considered  impos- 
sible to  subsist  his  army  in  the  wake  of  CornwalhYs,  and  the 
pursuit  was  reluctantly  discontinued. 

At  Cross  Creek  Cornwallis  suffered  another  disappoint- 
ment in  finding  that  his  Loyalist  friends  were  yet  passive 
and  had  not  brought  in  supplies  for  his  army.  He  remained 
there  several  days,  and  then  departed  for  Wilmington,  where 
he  arrived  on  April  7th.  On  the  way  it  became  his  painful 
duty  to  bury  the  remains  of  the  lamented  Colonel  Webster, 
who,  borne  on  a  litter  between  two  horses,  was  found  dead 
near  Elizabethtown.  The  interment  was  on  the  plantation  of 
Colonel  Waddell. 

Greene  rested  his  army  for  a  week,  dismissed  nearly  all 
of  his  militia,  and  just  as  Cornwallis  was  entering  Wilming- 
ton set  out  to  recover  South  Carolina.  At  his  camp  on 
Deep  River  he  left  General  Butler,  who  remained  for  some 
weeks  on  duty  at  that  post.  But  notwithstanding  Greene's 
departure"  from  North  Carolina,  there  was  no  relaxation  in 
efforts  to  strengthen  his  army.  The  council  ordered  that 
those  of  Butler's  and  Eaton's  brigades  who  had  abandoned 
their  posts  at  the  battle  of  Guilford  Court  House  should  be 
drafted  into  the  continentals  for  twelve  months;  and  four 
days  after  Greene  marched  Butler  sent  forward  two  hun- 
dred and  forty  of  these  twelve  months'  continentals,  and 
on  the  same  day  Major  Pinketham  Eaton  received  in  Chat- 
ham a  hundred  and  seventy  of  Eaton's  brigade  and  con- 
ducted them  to  the  south.  This  corps,  reduced  somewhat 
by  desertions,  under  Major  Eaton,  later  performed  excellent 
service,  especially  at  Augusta. 
♦Now  Lockville. 


BRITISH  IN  WILMINGTON 


663 


Arriving  in  South  Carolina,  Greene,  divining  the  probable  Ijjl 

movement  of  Cornwallis,  directed  Sumner  that  if  the  British 
general  should  come  south  to  the  relief  of  Rawdon  he  should 
hurry  with  every  available  man  to  his  assistance;  but  if 
Cornwallis  marched  to  Virginia,  then  Sumner  with  his  con- 
tinental drafts  should  go  to  the  aid  of  Baron  Steuben. 
Greene,  as  commander  of  the  department,  had  direction  of 
operations  in  Virginia  as  well  as  in  the  Carolinas,  and  he 
ordered  Steuben  to  be  very  cautious  and  conservative  and 
not  to  hazard  a  battle  unless  under  very  favorable  cir- 
cumstances. 

Craig  at  Wilmington 

The  approach  of  the  British  fleet  bearing  Major  Craig's 
detachment  caused  the  greatest  consternation  among  the 
Whigs  of  Wilmington,  and  many  families  hastened  to  leave 
the  town,  seeking  safety  with  friends  in  the  country,  while 
others  thought  it  more  prudent  to  trust  to  the  humanity 
of  the  British  officers.  At  that  time  Brunswick,  which  con- 
tained about  sixty  houses,  was  entirely  deserted,  and  Wil- 
mington, where  there  were  about  two  hundred  houses,  con- 
tained but  a  thousand  inhabitants.  At  the  first  information 
of  peril  Bloodworth,  the  receiver  of  the  tax  in  kind,  stored  6^4  "' 
his  commodities  on  a  vessel,  which  he  hurried  up  the  North- 
east Branch  of  the  Cape  Fear ;  but  Craig  made  pursuit,  over- 
took and  burned  the  vessel  some  twenty  miles  from  the 
town.  Of  the  inhabitants  a  considerable  proportion  were 
disaffected,  and  soon  a  petition  was  circulated  for  all  to  sign, 
praying  to  be  received  as  British  subjects,  and  those  who 
declined  this  abasement  fell  under  the  ban  of  displeasure. 

Hardly  had  Craig  settled  himself  on  shore  before  squads   Dealh  of 
of  troopers  were  scouring  the  country  to  arrest  those  who  Harnett 
were  particularly  obnoxious  to  the  British,  and  the  leading  Bio«.  Hist, 
patriots  fled  for  safety.    Harnett  had  withdrawn  to  Onslow  °^.c.,ii, 
County.     He  had  a  considerable  quantity  of  public  funds 
in  his  care,  and  he  hastened  to  place  it  in  safe  hands,  and 
then  proceeded  to  Colonel  Spicer's.     There  he  was  seized 
with  a  fit  of  his  malady,  the  gout,  and  became  unable  to 
travel  farther.    His  place  of  refuge  was  betrayed  by  some 
Loyalist,  and  he  speedily  was  captured  and,  notwithstanding 


S    R 
XXH,  543 


163 


664 


NASH'S  ADMINISTRATION,  1780-81 


1781 


Lillington  at 

Heron 

Bridge 


Dickson's 
Letters,  3 

S.  R.,  XXI, 

829 


McRee's 
Iredell,  I, 
53« 


Bloodworth 


his  illness,  was  conveyed  with  indignity  to  the  British  quar- 
ters. He  suffered  much  ill-treatment,  which  his  enfeebled 
frame  could  not  endure,  and  a  few  weeks  later  died,  about 
April  30,  1 781.  Thus  passed  away  "the  Pride  of  the  Cape 
Fear,"  who  from  the  beginning  had  been  the  ardent  advo- 
cate of  his  country's  freedom. 

Similar  efforts  were  made  to  capt'ire  every  Whig  of  con- 
sequence, and  many  were  taken  by  the  Tories  and  British 
dragoons.  But  the  patriot  leaders,  while  beset  by  difficulties, 
were  not  dismayed.  General  Lillington,  having  embodied 
his  militia,  took  post  at  Heron  Bridge,  ten  miles  up  the 
Northeast  River,  where  he  was  joined  by  Kenan  with  the 
Duplin  militia  and  Moore  with  a  detachment  from  Bruns- 
wick and  some  companies  from  Onslow;  while  Colonel 
Brown  sought  to  hold  in  check  the  Tories  of  Bladen.  The 
brigades  of  Caswell  and  Butler  were  at  first  ordered  to  his 
aid,  but  Cornwallis's  operations  at  the  west  required  that 
all  the  militia  possible  should  be  withdrawn  to  reinforce 
General  Greene,  and  for  a  time  Lillington  was  left  to  his  own 
resources. 

About  the  end  of  February  Craig  advanced  to  dislodge 
him,  making  a  night  attack.  Lillington's  advanced  guard 
was  surprised  and  dispersed,  and  a  smart  skirmish  occurred 
at  the  bridge,  the  British  using  their  artillery  on  the  Whig 
entrenchments  on  the  farther  side  of  the  river.  The  militia, 
however,  maintained  their  position,  and  at  the  end  of  two 
days  Craig  retired  to  Wilmington.  He  had  occupied  the 
McKenzie  place,  known  as  Mount  Blake,  and  when  he  with- 
drew a  party  of  the  Whigs  crossed  the  river  and  burned  that 
residence.  Lillington  continued  quietly  in  his  camp,  with 
headquarters  at  the  Mulberry  plantation,  near  by,  keeping 
watch  and  ward.  For  a  time  Craig  busied  himself  in  con- 
structing fortifications  around  Wilmington;  but  numerous 
were  the  forays  of  the  British  troopers,  and  often  murderous 
in  their  execution.  Tradition  still  survives  of  the  massacre 
at  the  ''eight-mile  house,"  where  butchery  as  a  pastime  added 
to  the  horrors  of  warfare.  Some  of  the  Whigs,  too,  dis- 
played boldness  and  enterprise.  Bloodworth  had  kept  the 
ferry  from  Point  Peter  across  the  mouth  of  the  Northeast 
River  in  the  outskirts  of  Wilmington,  and  was  familiar  with 


CORNIVALLIS'S  PLANS  665 

that  locality.    Taking  post  within  a  large  hollow  tree  on  the  2^ 

Point  he  fired  day  after  day,  across  the  river,  at  the  troopers 
as  they  brought  their  horses  to  water,  several  victims  fall- 
ing at  the  unerring  hand  of  their  unseen  and  mysterious  foe. 
Finally  a  party  being  sent  to  dislodge  him,  Bloodworth  suc- 
cessfully escaped.* 

ComwalhYs  plans 

When  the  wounded  of  Cornwallis's  army  reached  Wil- 
mington the  church  building  there  was  converted  into  a 
hospital,  and  later  it  is  said  was  used  by  Craig's  cavalry. 

Although  Cornwallis  had  succeeded  in  avoiding  a  second 
battle  with  Greene,  he  now  found  himself  in  a  fearful 
dilemma.  The  generalissimo  at  the  south  could  not  remain 
inactive.  He  must  move  either  in  one  direction  or  the  other. 
Conflicting  indeed  must  have  been  his  emotions  when  reflect- 
ing on  his  painful  situation.  He  found  himself  under  the 
necessity  of  abandoning  Lord  Rawdon  to  his  fate,  and  almost 
in  despair  he  resolved  to  seek  his  own  safety  in  Virginia.  loi^'ioao 
"By  a  direct  move  toward  Camden,"  he  wrote,  "I  cannot 
get  time  enough  to  relieve  Lord  Rawdon;  and  should 
he  have  fallen  [back]  my  army  would  be  exposed  to  the 
utmost  danger."  He  dwelt  on  the  exhausted  state  of  the 
country,  the  numerous  militia,  the  almost  universal  spirit 
of  revolt  and  the  strength  of  Greene's  army,  whose  con- 
tinentals alone  were  as  numerous  as  his  own  force.  Still 
he  hoped  to  draw  Greene  back  from  the  game  of  war  in 
South  Carolina  by  threatening  the  interior  of  North  Caro- 
lina. He  resolved  to  march  by  Duplin  Court  House,  point- 
ing toward  Hillsboro,  expecting  that  this  might  lead  to 
Greene's  return ;  and  yet  with  his  depleted  ranks  he  feared 
to  meet  Greene  again  in  battle.  Ultimately  he  had  in  view 
to  form  a  junction  with  General  Phillips.  But  he  realized 
that  the  attempt  would  be  exceedingly  hazardous  and  might 
prove  wholly  impracticable,  and  he  warned  that  commander 
not  to  take  any  steps  "that  might  expose  your  army  to  the 
danger  of  being  ruined." 

On  April  23d  he  wrote  to  Clinton :  "Neither  my  cavalry 

♦According  to  the  tradition  as  the  author  heard  it  in  1847,  Blood- 
worth,  a  gunsmith,  used  a  long  conical  ball  for  his  rifle  on  that 
occasion.     The  minie  ball  came  into  note  some  years  later. 


666 


NASH'S  ADMINISTRATION,  1780-81 


1781 

sTr.,xvii, 

1018,  1019 


The  effects 
of  Guilford 
Court 
House 


S.  R..XVII, 
19a! 


Cornwall!* 
inarches  to 
Virginia 


or  infantry  are  in  readiness  to  move ;  the  former  are  in  want 
of  everything,  the  latter  of  every  necessary  but  shoes ;  .  .  .  I 
must,  however,  begin  my  march  to-morrow.  .  .  .  My  present 
undertaking  sits  heavy  on  my  mind ;  I  have  experienced  the 
distresses  and  dangers  of  marching  some  hundreds  of  miles 
in  a  country  chiefly  hostile,  without  one  active  or  useful 
friend,  without  intelligence  and  without  communication  with 
any  part  of  the  country.  The  situation  in  which  I  leave 
South  Carolina  adds  much  to  my  anxiety,  yet  I  am  under 
the  necessity  of  adopting  this  hazardous  enterprise  hastily 
and  with  the  appearance  of  precipitation,  as  I  find  there  is 
no  prospect  of  speedy  reinforcement  from  Europe  and  that 
the  return  of  General  Greene  to  North  Carolina  .  .  .  would 
put  a  junction  with  General  Phillips  out  of  my  power."  To 
Phillips  he  said:  "My  situation  here  is  very  distressing. 
Greene  took  advantage  of  my  being  obliged  to  come  to  this 
place,  and  has  marched  to  South  Carolina." 

Indeed,  Cornwallis's  discomfiture  at  Guilford  Court  House 
altered  the  situation  so  greatly  that  Clinton  wrote  to  Phil- 
lips that,  it  has  "considerably  changed  the  complexion  of 
our  affairs  to  the  southward,  and  all  operations  to  the  north- 
ward must  probably  give  place  to  those  in  favor  of  his 
Lordship,  which  at  present  appear  to  require  our  more  im- 
mediate attention."  Phillips  had  with  him  in  Virginia  thirty- 
five  hundred  men,  and  Clinton  embarked  seventeen  hundred 
more  to  strengthen  that  corps  for  the  benefit  of  Cornwallis. 

After  a  fortnight's  rest  at  Wilmington,  the  remnants  of  his 
shattered  regiments  again  fell  into  ranks  and  began  their 
march  to  the  northward.  Gloomy  indeed  must  the  outlook 
have  been  to  the  commander-in-chief  of  the  British  armies 
at  the  south  when,  baffled,  disappointed,  defeated,  and  dis- 
tressed, in  the  closing  days  of  April  he  bade  farewell  to 
Major  Craig  and  Josiah  Martin,  the  whilom  governor  of 
North  Carolina,  and  with  a  heavy  heart  once  more  essayed 
the  chances  of  doubtful  war. 

His  progress  was  unopposed.  When  information  of  this 
movement  was  despatched  to  Governor  Nash  at  New  Bern 
he  directed  Lillington  to  fall  back  to  Kinston,  where  Major- 
General  Caswell,  the  commander-in-chief,  had  his  head- 
quarters, and  the  governor  sent  Baron  Glaubeck  to  the  front 


CORNWALLIS  MOVES  NORTH  667 

to  watch  the  enemy.    He  ordered  the  militia  of  Halifax  and  ^ 

of  the  neighboring  counties  to  assemble  at  Tarboro,  and  he  J^c.  Uni. 
himself  hastened  to  that  point.  *i*&ss)  * 

On  reaching  Kinston,  presumably  under  the  orders  of 
Major-General  Caswell,  Lillington  disbanded  his  militia,  ex- 
cept one  company  retained  to  guard  the  artillery  and  stores, 
and  the  men  returned  to  their  respective  homes  to  protect 
their  families  from  marauders. 

The  inhabitants  distressed 

The  march  of  the  British  column  was  slow  and  delib- 
erate. The  Whigs,  unable  to  resist,  scurried  into  the  swamps 
or  fled  to  a  distance.  The  disaffected  rose  in  numbers  and 
gave  every  manifestation  of  loyalty.  They  now  wreaked 
vengeance  on  their  neighbors  for  all  they  had  suffered  since 
the  beginning  of  the  Revolution.  The  track  of  the  army  was 
a  scene  of  desolation,  and  the  Whig  settlements  were 
scourged  as  by  the  plagues  of  Pharaoh. 

In  Duplin  the  whole  country  was  struck  with  terror, 
almost  every  man  leaving  his  habitation  and  his  family  to  the 
mercy  of  the  merciless  enemy.  Horses,  cattle  and  every  kind 
of  stock  were  driven  off  from  every  plantation,  corn  and 
forage  taken,  houses  plundered,  chests  and  trunks  broken, 
and  the  clothing  of  women  and  children,  as  well  as  that  of 
the  men,  was  carried  away.  These  outrages  were  com- 
mitted for  the  most  part  by  the  camp  followers,  who,  under 
the  protection  of  the  army,  plundered  the  distressed  inhab- 
itants. There  were  also  many  women  who  followed  the 
army  in  the  character  of  wives  of  the  officers  and  soldiers, 
a  certain  number  of  women  being  allowed  for  each  company. 
These  were  generally  mounted  on  fine  horses  and  were  Dickson*, 
dressed  in  the  best  clothes  that  could  be  taken  from  the  ers,IS 
inhabitants  as  the  army  marched  through  the  country. 

On  May  6th  Cornwallis  reached  Peacock's  Bridge,  on  s.  r.,xv, 
the  Cotechney,  and  there  was  the  first  clash  of  arms.  Colonel  4*6 
Gorham  with  four  hundred  militia  made  a  stand  at  the 
bridge,  but  Tarleton  by  a  bold  dash  drove  him  off,  and  there 
was  no  further  opposition.  All  the  stores  and  the  men 
drafted  for  the  continentals  and  the  militia  were  moved  to 
the  westward,  and  Governor  Nash  and  General  Sumner,  in 


668  NASH'S  ADMINISTRATION,  1780-81 

,7^  Warren,  listened  for  news  of  the  British  progress.     Glau- 

beck,  trained  from  early  youth  a  soldier,  was  seeking  to 
procure  arms  for  the  men  assigned  to  his  command,  and  in 
the  absence  of  swords,  improvised  weapons  made  of  hickory 
clubs.  With  these  he  hung  on  the  outskirts  of  the  British 
lines  and  kept  in  check  the  barbarous  camp  followers.  In 
Nash  a  squad  of  Tories,  who  had  risen  on  their  neighbors, 
were  roughly  handled  and  hotly  pursued. 

S6,R",XV*  "Not  a  man  of  any  rank  or  distinction,  or  scarcely  any 
man  of  property,"  wrote  Colonel  Seawell,  "has  lain  in  his 
house  since  the  British  passed  through  Nash  County.  We 
are  distressed  with  all  the  rogues  and  vagabonds  that  Corn- 
wallis  can  raise  to  pest  us  with.  ...  A  certain  Robert  Beard 
with  fifteen  others  on  Friday  last  seized  the  person  of  John 
Ferrell,  I  sham  Alford  and  Robert  Melton,  together  with 
seven  horses  and  I  think  three  guns,  .  .  .  and  carried  them 
all  off.  Our  men  after  collecting,  pursued  them;  but  night 
coming  on,  and  drawing  near  the  enemy's  lines,  they  re- 
turned without  any  luck." 

On  May  10th  Cornwallis  entered  Halifax,  and  after  a 
short  rest  marched  on  to  Petersburg,  where  he  arrived  on  the 
20th,  finding  to  his  sorrow  that  a  week  earlier  General  Phil- 
lips had  died  from  disease.  His  departure,  however,  was 
not  followed  by  a  calm.  From  Heron's  Bridge  to  Halifax 
the  Tories  had  their  day  of  rejoicing,  and  the  Whigs  fled 
to  hiding  places,  their  farms  ravaged  and  the  sanctity  of 
their  homes  often  violated.  For  days  and  weeks  the  Tory 
bands  held  high  carnival,  and  no  Whig  dared  sleep  in  his 
house  for  fear  of  capture.  Many  were  seized  and  carried 
to  Wilmington,  where  some  were  thrown  into  irons  and  sub- 
jected to  cruel  indignities. 

i?e*iM  Terrible  were  the  reports  that  were  spread  of  the  horrible 

s«4  '  '  misdeeds  of  the  soldiers  and  camp  followers.  Plantations 
were  despoiled,  women  outraged,  even  members  of  some  of 
the  best-known  families  of  the  State.  The  most  painful 
apprehensions  were  excited  because  of  their  shameful  con- 
duct. The  culmination  of  these  outrages  occurred  in  the 
vicinity  of  Halifax,  where,  says  Stedman,  "some  enormi- 
ties were  committed  that  were  a  disgrace  to  the  name  of 


WAR  IN  THE  EAST 


669 


man";  and  Tarleton  states  that  there  "a  sergeant  and  a  'Jl1 

dragoon  were  executed"  for  their  crimes  against  society.       JiVmoin 

4«3 

At  Edenton 

The  Albemarle  region  was  swept  over  by  a  storm  of  fears.  }j££jf 'J 
The  near  approach  of  the  British  from  the  Chesapeake,  506-511 
the  passage  through  neighboring  counties  of  Cornwallis, 
rumors  that  a  body  of  two  thousand  negroes  had  been  sent 
to  forage  and  collect  supplies  for  the  British  army,  the  in- 
vasion of  the  sound  by  boats  belonging  to  privateersmen 
too  strong  to  be  resisted,  caused  widespread  alarm,  and  the 
inhabitants  of  Edenton  dispersed.  Edenton  itself  was  McRee's 
raided,  vessels  taken,  some  burned  and  others  carried  off. 
But  quickly  the  people  recovered  their  resolution,  and  parties 
were  formed  to  rid  the  sound  of  the  raiders.  The  enemy 
was  driven  out,  one  of  the  British  galleys  taken  and  some  of 
the  vessels  recaptured.  "The  inhabitants  in  general  and  the 
sailors  turned  out  unanimously.  I  never  saw,  nor  could  even 
hope  to  see,"  wrote  Charles  Johnson  in  the  midst  of  that 
turmoil  and  confusion,  "so  much  public  spirit,  personal  cour- 
age and  intrepid  resolution.  I  am  convinced  that  was  the 
measure  adopted  of  fitting  out  one  or  two  armed  vessels 
we  might  laugh  at  all  attempts  of  the  enemy's  plundering 
banditti." 


Iredell,  I, 
515 


The  Whigs  rally 

In  other  sections  also  the  same  spirit  was  displayed,  and 
the  Whigs  rallied  and  beat  down  the  Tories  and  re-estab- 
lished the  authority  of  the  State. 

James  Armstrong,  writing  from  Martinboro  at  the  end 
of  May,  said :  ''We  have  been  alarmed  for  ten  days  past  by 
the  Tories  embodying  about  us,  but  they  seem  to  drop  off. 
Thirty  horse  from  this  county  and  a  few  from  Craven  .  .  . 
went  up  to  Edgecombe,  took  Benjamin  Vichous,  one  of  their 
ringleaders,  and  twenty-one  head  of  cattle,  which  they  had 
collected  for  "the  British  army;  since,  they  wrote  to  me  for 
peace,  and  was  granted  it  provided  they  gave  up  their  arms." 

In  Duplin,  wrote  Mr.  Dickson,  "the  Tories  rose  and  took 
several  of  our  leading  men  and  carried  them  to  Wilmington. 
There  were  numbers  of  our  good  citizens,  thus  betrayed, 


s.  R.,  xv, 

467 


670  NASH'S  ADMINISTRATION,  1780-81 

781  who  perished  on  board  prison  ships.  This  so  alarmed  the  in- 
M»y  habitants  that  none  of  us  dared  to  sleep  in  our  houses  for  fear 
of  being  surprised.  Matters  being  thus  in  confusion,  there 
was  no  subordination  among  men,  but  all  the  proprietors 
raised  and  commanded  their  own  little  parties  and  defended 
themselves  as  they  could.  At  length,  however,  Colonel 
Kenan  embodied  some  four  hundred  of  the  militia,  and  quiet 
was  restored."  Many  inhabitants  because  of  these  disturb- 
ances removed  their  families  to  the  west,  and  even  to  Vir- 
ginia, abandoning  their  plantations  entirely.  In  New  Han- 
over it  was  still  worse.  That  county  was  measurably  de- 
populated and  a  scene  of  universal  desolation.  It  was  at 
this  time  that  General  Ashe  was  wounded  and  captured  and 
imprisoned  at  Wilmington,  where  he  contracted  the  small- 
pox. This  plague  generally  accompanied  the  British  camp 
Death  of  and  became  a  fearful  scourge.  When  convalescent,  broken 
in  health,  Ashe  was  paroled  in  October  only  to  die  a  few 
days  later  at  Colonel  Sampson's  in  Duplin  County.  The 
first  to  take  up  arms  in  North  Carolina,  he  passed  away 
ignorant  of  Cornwallis's  surrender,  and  without  a  view  of 
.  the  promised  land  of  independence. 

/       Greene  in  South  Carolina 

^       After  breaking  camp  on  Deep  River,  Greene  hurried  across 
the  barrens  and  soon  reached  the  bountiful  region  of  the 
Peedee.      He    lost    no   time    in    striking   his   blows.      On 
April  20th  he  approached  Camden,  taking  post  at  Hobkirk's 
i^e'i  Hill,   where  on  the  morning  of  the  25th   Lord^JtewrJon 

Memoin,  attacked  him,  both  suffering  severely.  The  loss  of  each  was 
somewhat  more  than  two  hundred  and  fifty,  about  one-fourth 
Hobkirk's  of  their  respective  commands.  In  this  battle,  except  those 
attached  to  Colonel  Washington's  cavalry,  there  were  only 
about  two  hundred  and  fifty  North  Carolinians,  being  a 
militia  battalion  commanded  by  Colonel  James  Read;  and 
these,  having  been  placed  in  the  reserve,  although  they  gal- 
lantly and  bravely  marched  forward  to  relieve  the  retreating 
continentals,  were  not  in  the  thickest  of  the  engagement. 
Their  conduct,  however,  won  them  encomiums. 

On  May  10th,  by  Greene's  strategy,  Rawdon  was  com- 
pelled to  abandon  Camden,  so  that  only  Ninety-six  and 


Hill 


RAW  DON  FORCED  INTO  CHARLESTON 


671 


Memoirs, 
357 


1781 

Augusta   were   retained   as   British  posts   in_  the   interior.  **" 

Quickly   Greene   determined   to  drive  the  enemy   entirely 
from  the  country  and  to  hedge  them  in  at  Charleston.    With 
this  view,  he  detached  Colonel  Lee's  and  Major  Eaton's  con- 
tinentals, who  had  just  joined  him,  to  attack  Augusta,  then   Augusta 
held  by  Colonel  Browne  and  Colonel  Grierson,  in  whose  uken 
honor  one  of  the  forts  was  named.     Fort  Grierson  was 
the  one  first  attacked.     In  the  assault  the  American  loss   Lee's 
was  trivial,  a  few  wounded  and  fewer  killed.    But  unhappily 
among  the  latter  was  Major  Eaton,  who  had  endeared  him- 
self to  both  officers  and  soldiers,  and  who  fell  gallantly  at 
the  head  of  his  battalion  in  the  moment  of  victory.*    The  gSm0' 
siege  of  Augusta  was  then  continued  until  June  5th,  when 
Colonel  Browne  capitulated.     During  its  continuance  the 
North  Carolina  continentals  behaved  with  the  utmost  gal- 
lantry.    Greene's  prisoners  now  numbered  eight  hundred, 
and  he  sent  them  to  Salisbury,  guarded  by  a  detachment 
under  the  command  of  Major  Armstrong  and  other  con- 
tinental officers. 

In  May  Greene  had  himself  undertaken  the  siege  of  ^riS?** 
Ninety-six,  a  strong  fort  admirably  defended.  Lord  Raw- 
don,  having  received  considerable  re-enforcements  at  Charles- 
ton, now  pressed  forward  to  relieve  that  garrison,  and  on  the 
near  approach  of  this  superior  force  Greene  resolved  if 
possible  to  carry  the  fort  by  assault. 

On  June  18th  he  led  his  army  to  the  attack.  A  desperate  June  18 
conflict  ensued,  but  without  avail,  and  the  next  morning 
Greene  withdrew  beyond  the  Saluda,  proposing  if  pressed 
to  seek  safety  in  North  Carolina.  Rawdon,  however,  deter- 
mined to  abandon  Ninety-six  and  retire  to  Charleston,  and 
Greene  returned,  taking  post  on  the  high  hills  of  the  Santee 
awaiting  re-enforcements  from  North  Carolina,  for  North 
Carolina  was  now  his  only  dependence. 


Cartel  of  exchange  agreed  on 

On  the  Peedee  on  May  3,  1781,  Colonel  Carrington,  on 
the  part  of  General  Greene,  and  Captain  Cornwallis,  on  the 

*Major  Eaton  commanded  the  new  continentals,  composed  largely 
of  men  from  Butler's  and  Eaton's  brigades  who  had  behaved  badly  at 
Guilford  Court  House. 


672 


NASH'S  ADMINISTRATION,  1780-81 


1781 


part  of  the  Earl,  had  a  meeting  and  agreed  on  an  exchange 
of  all  prisoners.  Pursuant  to  their  action,  the  commissaries 
of  prisoners  at  once  gave  notice  that  all  militia  taken  on 
either  side  were  absolutely  exchanged,  and  were  liberated 
from  their  paroles.  This  set  free  such  of  the  North  Caro- 
lina militia  as  had  been  captured  at  Charleston,  at  Camden 
and  elsewhere,  and  tended  somewhat  to  strengthen  the  militia 
force  of  the  State.  The  continentals,  officers  and  men,  had 
to  suffer  longer  delay,  but  it  was  agreed  that  the  delivery 
would  begin  toward  the  end  of  June,  and  these  prisoners 
were  to  be  conveyed  to  the  James  River  and  then  be  at 
liberty  to  return  to  military  service. 

Painful  indeed  had  been  the  period  of  their  captivity  and 
distressing  the  mortality  among  the  men,  which  perhaps  was 
quite  equal  to  that  horrid  record  of  the  hulks  off  Long 
Island,  which  shocked  humanity.  Many  of  the  exchanged 
officers  late  in  the  summer  were  able  to  take  their  places 
in  the  continental  battalions  and  served  with  Greene  until  the 
end  of  the  war. 


McRee's 
Iredell,  I, 
5*7 


S.  R  , 
XXII,  1024 


Atrocities  lead  to  threats  of  retaliation 

The  excesses  and  atrocities  of  the  Tories  were  intolerable, 
and  the  animosity  which  was  felt  against  them  assumed  the 
character  of  ferocity.  Many  of  them,  when  taken,  were 
summarily  executed  as  murderers  and  robbers.  "I  heard/' 
wrote  Mrs.  Blair  toward  the  end  of  May,  "that  some  of  the 
people  about  New  Bern  who  had  intended  joining  Lord  Corn- 
wallis  had  been  taken  and  nine  executed.  The  man  who 
brought  the  account  said  he  saw  one  of  them  hanged.  Cap- 
tain Pasteur,  one  of  the  party  who  made  the  capture,  while 
riding  with  a  prisoner  behind  him,  was  fired  at  in  passing 
through  a  swamp  and  so  badly  wounded  that  he  survived 
but  three  days."  On  June  20th  Major  Craig  addressed 
Governor  Nash  on  "the  inhuman  treatment"  of  the  king's 
friends,  the  deliberate  and  wanton  murders  committed  on 
them,  which  called  for  vengeance.  "Had  I  listened  only  to 
the  first  emotions  excited  by  the  account  of  Mr.  Caswell'scon- 
duct  in  murdering  five  men  at  Kinston,  .  . .  Mr.  Samuel  Ashe 
and  his  comrades,  who  were  put  in  irons  for  the  purpose, 
would  have  become  the  immediate  victims  to  his  unwarrant- 


CRUELTIES  AND  RET  ALIA  TION  673 

able  cruelty."     Major  Craig  threatened  that  if  the  acts  he  l£l 

described  were  continued  he  would  give  the  people  who  June 
had  taken  arms  in  the  king's  favor  ample  revenge,  and 
"I  shall  not  hesitate  to  deliver  over  to  them  those  prisoners 
who  from  character  or  situation  are  most  likely  to  gratify 
them  in  those  sentiments."  This  communication  was  re- 
ceived by  Governor  Burke,  who  had  just  been  elected  suc- 
cessor to  Governor  Nash.  It  appears  that  Major  Ashe,  his 
younger  brother  and  others  taken  by  scouting  bands  of 
Tories,  had  been  thrown  into  irons,  confined  on  shipboard 
and  threatened  to  be  delivered  up  to  the  Tories  for  their 
vengeance.  Burke  answered  with  resolution:  "  Should  you  .  .  . 
continue  your  treatment  of  those  citizens  or  listen  to  any 
emotions  which  may  dictate  any  measure  against  them  on 
the  ground  of  retaliation,  ...  I  shall  find  myself  under  the  ^R.^  ^ 
unhappy  necessity  of  taking  similar  measures  against  British 
prisoners,  though  all  such  measures  are  utterly  repugnant 
to  my  disposition."  "There  are  at  present,"  he  added, 
"some  prisoners  in  my  power." 

Burke's  threatened  retaliation  resulted  in  checking  Craig 
in  his  measures  of  revenge.  Many  of  these  prisoners,  not 
taken  on  the  field  of  battle,  were,  however,  conveyed  to 
Charleston  and  paroled  to  James  Island,  where  were  congre- 
gated a  large  number  of  Tory  refugees,  men  driven  from 
their  homes,  animated  by  a  relentless  hostility  toward  the 
Whigs,  some  of  desperate  and  despicable  characters,  who 
were  a  menace  to  the  lives  of  these  unfortunate  captives. 

But  Craig,  foiled  in  his  purpose  as  to  Major  Ashe,  con- 
ceived the  design  of  wreaking  vengeance  on  the  person  of 
Burke  himself  should  the  occasion  arise.  He  devised  the 
capture  of  the  governor,  and  planned  to  hold  him  for  pur- 
poses of  retaliation  in  case  any  of  his  Tory  lieutenants 
should  fall  into  the  hands  of  the  Whigs  and  be  severely 
dealt  with. 

Gregory  defends  the  Albemarle  region 

While  attention  was  centred  on  the  larger  movements  at 
the  south  and  west,  the  Albemarle  region  was  constantly 
threatened. 

In  the  fall  of  1780  there  was  sharp  skirmishing,  with  some 


674  NASH'S  ADMINISTRATION,  1780-81 

*2?*  loss  of  life,  between  Leslie's  foraging  parties  and  the  militia 

n.°&  *iv'  unc*er  General  Gregory,  who  had  taken  post  near  the  Great 
144  "  '  Bridge.  And  early  in  1781,  when  Arnold's  corps  arrived, 
Gregory  again  was  quickly  in  service.  It  was  about  the  end 
of  February  that  a  circumstance  occurred  from  which  it  ap- 
peared that  a  British  officer  sought  to  place  the  American 
general  in  the  light  of  a  traitor,  but  the  affair  afterward  was 
shown  to  be  a  joke  and  without  foundation.  Still,  to  have 
been  suspected  of  being  a  traitor  grated  terribly  on  the  feel- 
ings of  that  sterling  patriot.  Despite  his  mortification,  he 
continued  to  hold  his  camp  at  the  Northwest  Landing,  and 
although  once  compelled  to  withdraw,  he  soon  occupied  it 
again.  One  of  the  few  who  won  honor  at  Camden,  his  good 
fame  was  never  tarnished  by  an  unworthy  action, 
myitis  "During  the  winter  and  spring,"  wrote  Dr.  Hugh  Will- 
iamson, "I  had  not  so  much  as  an  assistant  ...  in  General 
Gregory's  camp."  "Nothing  but  frenzy  could  have  tempted 
the  general  to  .  .  .  remain  a  minute  in  his  camp,  after  the 
enemy  had  arrived  at  McPherson's" ;  but  he  added :  "Gen- 
eral Gregory  has  again  taken  possession  of  his  camp  with  all 
his  cannon  and  stores."  All  the  spring  and  summer  the 
general  remained  on  guard,  but  toward  the  end  of  August, 
the  British  having  abandoned  Portsmouth  and  proceeded  to 
Yorktown,  General  Gregory  deemed  it  unnecessary  for  the 
militia  to  continue  in  service  longer  than  to  reduce  some  of 
the  disaffected  to  terms,  and  then  he  dismissed  his  men, 
who  had  so  effectively  protected  the  Albemarle  region. 


CHAPTER  XXXVIII 
Burke's  Administration,  1781-82 

Conditions  in  North  Carolina. — Major  Craig  at  Wilmington. — The 
Assembly  meets. — Burke  governor. — Action  of  Assembly.--Governor 
Burke's  zeal. — Fanning  embodies  the  Tories. — Pittsboro  taken. — Con- 
ditions in  Bladen. — Wade's  victory. — Cornwallis's  plans. — South  Quay 
captured. — New  continental  battalions. — Craig  invades  the  eastern 
counties. — Lillington  forbidden  to  fight. — New  Bern  taken. — Tory 
atrocities. — Battle  of  Elizabethtown. — Governor  Burke's  plans. — Fan- 
ning defeats  Wade. — The  governor  captured. — The  battle  of  Cane 
Creek. — Butler  surprised  at  Brown  Marsh. — The  battle  of  Eutaw 
Springs. — The  gallantry  of  the  North  Carolinians. 

Conditions  in  North  Carolina 

General  Sumner  had  been  directed  by  General  Greene  to  ffi 

remain  in  North  Carolina  and  organize  the  men  drafted  into 
the  continental  service,  and  he  was  during  the  spring  active  April, 
in  the  performance  of  this  duty.  Every  thirtieth  man  had 
been  called  out  for  this  service,  but  they  were  to  be  selected 
in  their  respective  neighborhoods  and  clothing  provided  for  s  R  xv^ 
them,  and  progress  was  slow.  In  April  these  drafts  were  465 
assembled  at  Harrisburg,*  doubtless  with  the  view  of  co- 
operating with  Steuben  in  Virginia;  but  later  General 
Greene  ordered  such  as  were  then  ready  to  join  him  in  South 
Carolina,  and  May  26th  Major  Armstrong  sent  forward  one 
hundred  and  eighty  from  Salisbury.  There  was  much  delay 
incident  to  the  fearful  times.  About  the  middle  of  June 
Captain  Doherty,  writing  from  Duplin  Court  House,  said 
that  the  "tumults  in  this  part  of  the  country  have  been  the 
cause  of  the  delay  in  collecting  the  men,  but  at  present  some 
little  respite  from  the  cursed  Tories,  but  cannot  say  they  are 
entirely  subdued.  More  than  half  the  draft  made  in  Duplin 
have  been  among  the  Tories,  or  of  men  so  disaffected  that 
they  will  not  appear.    The  men  have  been  so  harassed  by 

"'Near  Oxford. 


676 


BURKE'S  ADMINISTRATION,  1781-82 


1781 


S.  R.,  XV, 

487 


being  kept  in  arms  that  hitherto  they  could  not  attend  to 
providing  the  clothing,  and  without  clothing  they  cannot 
march." 

Colonel  Joseph  Hawkins,  a  zealous  officer,  with  his  regi- 
ment of  light  horse  was  at  the  same  time  on  the  head  of 
Black  River  among  the  Tories;  the  people  there,  except 
one  family,  he  reported  "as  being  all  disaffected."  "The 
Tories,"  he  said,  "continued  to  carry  great  quantities  of 
beef  from  that  part  to  the  enemy  at  Wilmington."  He 
himself  sent  a  detachment  in  and  brought  off  fifty-two 
beeves  and  six  prisoners. 


s.  R.,  xv, 

5" 


Ruther- 
ford's Mills 


S.  R.,  XV, 

496 


Craig  in 
Onslow 


Major  Craig  at  Wilmington 

Major  Craig  was  a  very  efficient  officer.  He  sought  by 
strenuous  endeavors  to  restore  royal  authority.  Proclaiming 
that  the  inhabitants,  being  British  subjects,  were  Loyalist 
militiamen,  early  in  July  he  directed  that  they  should  be 
enrolled  as  such,  and  he  issued  commissions  to  zealous 
Tories  as  officers  of  their  counties.  He  fixed  August  ist 
as  the  last  day  of  grace  for  those  who  would  not  obey,  and 
all  not  then  returning  to  their  allegiance  were  to  be  harried 
as  rebels.  While  the  Whigs  had  measurably  neither  arms 
nor  ammunition,  he  bountifully  supplied  the  Tory  bands 
with  both,  and  inspired  them  to  zealous  activity  by  giving 
them  special  marks  of  favor. 

The  Scotch  especially  responded  to  his  calls  and  up  the 
Northwest  strong  detachments  of  Loyalists  held  the  coun- 
try. To  the  northward  he  threw  out  the  British  dragoons, 
and  he  established  a  post  at  Rutherford's  Mills,  some  seven 
miles  east  of  Burgaw,  and  there  he  constructed  a  bastion 
fort,  whose  outline  still  remains  in  perfect  preservation,  a 
memorial  of  those  historic  times.  Lillington,  who  had  after 
the  passage  of  Cornwallis  returned  to  the  vicinity  of  Heron 
Bridge,  now  stationed  himself  at  Richlands,  in  Onslow 
County ;  and  on  June  28th,  when  a  British  column  advanced 
in  that  direction,  called  on  the  Duplin  horse  and  foot 
to  assemble  at  the  rendezvous  with  despatch.  However. 
before  opposition  could  be  made,  Craig's  troopers  penetrated 
into  Onslow,  and  secured  in  that  fertile  section  needed  sup- 
plies ;  but  when  the  people  collected,  finding  that  warm  work 


DOMESTIC  AFFAIRS 


677 


was  to  be  expected,  they  hastily  returned  to  their  strong- 
hold. 

The  movements  of  Cornwallis,  the  perils  threatened  by 
Craig,  the  defection  of  the  Loyalists,  and  the  drafting  of 
men  in  every  part  of  the  State  caused  a  deep  gloom  to  en- 
shroud the  people,  and  public  affairs  were  thrown  into 
great  confusion. 

In  the  midst  of  all  this  turmoil  and  distress  the  General 
Assembly  met  on  June  23d  at  Wake  Court  House.  The  ses- 
sion was  held  in  the  old  Lane  residence,  still  standing  in 
the  suburbs  of  Raleigh.  So  threatening  were  the  bands  of 
Tories  that  a  regiment  of  militia  was  stationed  in  the 
vicinity  to  protect  the  body  during  its  sitting.  Alexander 
Martin  was  chosen  speaker  of  the  senate,  and  Benbury 
again  presided  over  the  house.  Governor  Nash  declined  a 
re-election  because  of  ill  health,  but  perhaps  there  were  other 
reasons  as  well.  The  creation  of  the  Board  of  War  and 
later  of  the  Council  Extraordinary  had  divided  power  and 
responsibility  and  had  resulted  unfortunately,  so  that  the 
government  had  lost  much  of  its  efficiency.  The  council  had 
ordered  that  one-fifth  of  the  provisions  upon  every  farm 
should  be  taken  for  the  public  use,  and  heavy  taxes  in  kind 
had  been  imposed.  Impressments  having  been  resorted  to, 
Major  Murfree  toward  the  end  of  May  impressed,  at  Pitch 
Landing,  two  thousand  gallons  of  rum,  nine  hundred  weight 
of  sugar,  a  thousand  of  coffee,  six  or  seven  hundred  yards 
of  canvas,  a  small  quantity  of  ammunition  and  other  com- 
modities, which  the  merchants  had  imported.  Much  dis- 
satisfaction resulted  from  these  measures,  tending  to  ren- 
der the  administration  unpopular,  while  the  currency,  both 
continental  and  state,  had  become  almost  worthless,  and  the 
feebleness  of  the  military  arm  in  checking  the  Tories  and 
the  scarcity  of  ammunition,  guns  and  clothing  for  the 
soldiers  were  causes  of  adverse  comment  and  grave  appre- 
hensions. To  succeed  Governor  Nash,  the  Assembly  chose 
Dr.  Burke,  who  qualified  on  June  26th. 

On  accepting  the  office  of  governor,  Burke  communicated 
to  the  Assembly  with  emphasis  that  he  did  not  wish  a  con- 
tinuance of  the  Council  Extraordinary,  but  that  he  himself 
would  discharge  the  functions  of  commander-in-chief.    The 


1781 


S.R..XV1I, 

The  Assem- 
bly meets  at 
Wake  Court 
House 


McRee's 
Iredell,  I, 

S?7R.,  XV, 
475 


S.  R., 
XXII, 

1038, 1041 

Burke 

governor 


678 


BURKE'S  ADMINISTRATION,  1781-82 


1781 

June 


Measures  of 
defence 


S.  RM  XV, 

533;  xvn, 

93o*97S 


The 

depreciated 

currency 


council  therefore  ceased,  but  General  Richard  Caswell  re- 
mained nominally  as  major-general  in  command  of  the 
state  forces.  The  Assembly  acted  with  promptness  and 
vigor.  The  Marquis  of  Bretigny,  having  offered  his  ser- 
vices to  the  State,  was  appointed  a  special  agent  to  procure 
a  fast  sailing  vessel,  and  go  to  the  French  islands  in  the 
West  Indies  and  obtain  five  thousand  stands  of  arms,  ten 
thousand  pounds  of  powder  and  other  military  supplies, 
twenty  thousand  pounds  of  tobacco  being  placed  at  his  dis- 
posal for  the  purpose.  A  regiment  of  state  troops  was  di- 
rected to  be  raised,  and  Benjamin  Williams  was  chosen  the 
commander,  Joel  Lewis  first  major,  and  Baron  de  Glaubeck, 
who  had  been  so  active  and  efficient,  was  appointed  major 
of  horse.  In  view  of  the  condition  of  affairs  in  Chatham, 
Cumberland,  and  Randolph,  it  was  resolved  that  a  company 
of  light  horse  should  be  raised  for  two  months  in  each  of 
those  counties.  An  exception  was  made  in  the  operation  of 
the  confiscation  act  of  all  persons,  theretofore  disaffected, 
who  should  serve  with  General  Sumner  in  the  continental 
battalions  for  the  term  of  ten  months. 

The  militia  that  had  acted  badly  at  Guilford  Court  House 
having  been  drafted  into  the  continentals,  the  Assembly  now 
requested  the  governor  to  recommend  to  General  Greene  to 
discharge  them  "whenever  the  situation  of  affairs  would 
admit  of  such  an  act  of  benevolence."  Samuel  Johnston, 
Charles  Johnson,  William  Sharpe,  and  Ephraim  Brevard 
were  on  July  12th  elected  delegates  to  the  Continental  Con- 
gress. The  value  of  the  currency  had  now  fallen  so  low 
that  the  Assembly  rated  a  day's  work  at  $250,  allowed  Joel 
Lane  £15,000  for  the  use  of  his  house  and  pasturage  for  one 
month,  and  paid  $12,000  for  a  single  horse.  On  July  14th, 
the  body  adjourned  to  meet  again  in  November  at  Salem, 
more  removed  from  the  seat  of  war. 


Governor  Burke's  zeal 

Undismayed  by  the  adverse  circumstances  of  that  unhappy 
period,  when  Burke  assumed  the  reins  he  was  all  activity. 
Three  days  after  his  election  he  directed  General  Butler  to 
post  five  hundred  men  between  the  Cape  Fear  and  the 
Neuse,  covering  the  lowest  fords  on  each,  and  to  patrol  with 


CIVIL  WAR  679 


cavalry  toward  the  enemy's  lines,  requiring  daily  reports  of  lJ^l 

the  situation.    He  lost  no  time  in  urging  the  Assembly  to  s.r.,xvii, 
action.    "I  perceive,"  said  he,  "the  country  everywhere  un-  June 
prepared  for  defence ;  without  arms,  without  discipline,  with- 
out arrangements,  even  the  habits  of  civil  order  and  obedi- 
ence to  laws  changed  into  a  licentious  contempt  of  authority 
and  a  disorderly  indulgence  of  violent  propensities.    Indus- 
try  is   intermitted,   agriculture   much   decayed,   and   com- 
merce struggling  feebly  with  almost  insuperable  difficulties. 
The  public  money  is  unaccounted  for,  the  taxes  uncollected 
or  unproductive,"  the  individual  creditors  of  the  public  un- 
paid for  years,  "and  the  treasury  totally  unable  to  make 
payment."    Dark  indeed  was  his  portrayal  of  the  situation.  The 
And  to  that  were  to  be  added  the  perils  and  dangers  of  that  condlS 
gloomy  period  when  the  British  were  threatening  the  State 
from  the  north,  the  sounds  and  coast  infested  with  pri- 
vateersmen  bent  on  spoils,  and  from  Guilford  to  Brunswick 
civil  war  raged,  its  horrors  heightened  by  passion,  butcheries 
on  either  side  being  of  daily  occurrence. 

Even  before  the  adjournment  of  the  Assembly  Governor  Burked 
Burke  began  to  move  from  point  to  point  in  the  State,  in- 
spiring confidence  by  his  presence  and  assuming  direction. 
He  had  full  power  to  act,  and  his  known  energy  and  reso- 
lute will  brought  new  hope  to  the  Whigs  in  the  terrorized 
sections.  While  urging  the  Assembly  on  he  busied  himself 
supervising  operations;  and  he  began  to  plan  a  movement 
not  merely  to  suppress  the  Tories,  but  to  drive  Craig  out  of 
his  stronghold  on  the  Cape  Fear.  Indeed,  he  was  aroused 
to  the  utmost  exertions  by  the  earnest  appeals  that  con- 
stantly came  for  immediate  assistance. 

General  Lillington,  writing  from  the  Trent  on  July  6th,  jy*- 
complained  most  bitterly  that  no  aid  had  been  furnished  his 
district  by   the  other  counties.     He   represented  that  the  TheCape 

....  ,  .  .  *  *  *       .  ,  Fear  region 

Whigs  of  that  region,  distressed  as  they  were,  felt  that  they 
were  to  fall  a  sacrifice  to  the  enemy;  expelled  from  their 
homes,  their  plantations  ravaged,  their  negroes  carried  off, 
and  those  caught  compelled  to  accept  allegiance  or  to  go 
into  captivity.  His  own  immediate  section  was  desolate  and 
deserted,  and  doubtless  the  iron  had  entered  into  the  soul 


68o 


BURKE'S  ADMINISTRATION,  1781-82 


1781 

S   R 
XXII.  543 


of  the  old  veteran,  whose  heart  bled  for  the  misfortunes 
of  his  friends  and  kindred. 

From  Bladen,  Cumberland,  and  the  upper  Cape  Fear, 
also,  came  cries  for  help  that  appealed  most  strongly  to  the 
governor  for  prompt  and  effective  action. 


Fanning'* 
Narrative  in 
S    R 

xxi  i\  180 


1781 


Fanning  embodies  the  Tories 

Although  Cornwallis  suffered  continuous  disappointment 
while  at  the  south  from  the  passiveness  of  the  North  Caro- 
lina Loyalists,  yet  after  his  departure  from  the  State  they 
became  very  active.  While  many  of  their  partisan  leaders 
attained  great  prominence,  chief  among  them  was  David 
Fanning,  a  native  of  Johnston  County,  but  from  boyhood  a 
resident  of  South  Carolina.  In  the  fall  of  1780  he  came  to 
Deep  River  and  made  himself  acquainted  with  many  per- 
sons who  had  received  commissions  from  Colonel  Hamilton 
the  preceding  July.  He  watched  and  waited.  He  was  con- 
cerned with  Dr.  Pyle  in  the  raising  of  that  band  of  Tories 
that  Lee  cut  to  pieces  in  February,  1781,  but  was  not  him- 
self present  at  the  massacre.  Immediately  afterward  he  be- 
gan to  collect  another  body,  and  he  gave  information  to 
Cornwallis,  and  was  with  him  on  his  march  to  Ramsey's 
Mills,  accompanying  him  to  Cross  Creek.  At  that  time 
Cornwallis's  plans  were  not  matured,  and  he  expected  that 
he  might  return  to  Hillsboro.  Fanning  established  himself 
with  some  seventy  Loyalists  at  Coxe's  Mill*  and  interfered 
with  Greene's  communications  in  North  Carolina.  Shortly 
afterward  he  attacked  a  detachment  under  Colonel  Dudley, 
of  Virginia,  coming  from  Greene's  camp  with  baggage, 
drove  off  the  guard,  capturing  the  baggage  and  nine  horses. 
Colonels  Collier  and  Balfour,  of  Randolph,  embodied  one 
hundred  and  sixty  men,  and  on  June  8th  reached  his  vicinity, 
but  he  made  a  night  attack  on  them,  and  then  sought  safety 
in  concealment.  A  few  days  later  Fanning  contrived  a  gen- 
eral meeting  of  the  Loyalists,  who  selected  him  as  their 
commander.  Accordingly  he  repaired  to  Wilmington  and 
obtained  on  July  5th  from  Major  Craig  a  commission  as 

♦Coxe's  Mill  is  on  the  western  side  of  Deep  River,  at  the  mouth 
of  Mill  Creek,  in  Randolph  County,  about  five  miles  from  the 
Chatham  line. 


THE  RISE  OF  DAVID  FANNING 


681 


colonel  of  the  Loyalist  militia  of  Randolph  and  Chatham 
counties.  A  week  later  he  had  a  general  muster  at  Coxe's 
Mill  and  organized  a  force  of  a  hundred  and  fifty  men. 
There  had  been  appointed  by  Colonel  Hamilton  captains  and 
other  officers  for  seven  companies  in  Randolph  County,  for 
six  in  Chatham,  two  in  Orange,  four  in  Cumberland,  and 
three  in  Anson.  These  all  were  more  or  less  in  touch  with 
Colonel  Fanning,  affording  means  of  embodying  men  and 
directing  their  movements  that  rendered  his  operations  very 
effective.  On  the  same  day  that  he  held  his  muster  on  Deep 
River  there  was  a  court  martial  and  Whig  muster  at  Pitts- 
boro,  some  twenty-five  miles  distant.  Fanning  determined 
to  strike  them  a  blow.  By  seven  o'clock  the  next  morning 
he  reached  the  hamlet  and  surrounded  it.  The  members  of 
the  court  had  dispersed  for  the  night  to  country  homes.  As 
they  approached  the  village  in  the  early  morning  Fanning 
successively  took  them  prisoners,  among  them  being  all  the 
militia  officers  of  the  county  except  two,  a  captain  of  the 
continentals  and  three  members  of  the  General  Assembly,  his 
captives  numbering  fifty-three.  He  paroled  most  of  them, 
but  conducted  fourteen  of  the  most  prominent  and  influential 
Whigs  to  Major  Craig,  at  Wilmington.  Among  those  taken 
were  Herndon  Ramsey  and  James  Williams.  Excesses  com- 
mitted by  Major  O'Neal,  Colonel  Robeson,  of  Bladen; 
Wade,  of  Anson;  Phil  Alston,  and  other  vigorous  patriot 
leaders,  which  the  Tories  complained  of  as  being  "barbarous 
murders,"  led  Fanning  and  his  associates  to  practise  retalia- 
tion, and  these  Chatham  prisoners,  when  they  reached  Raft 
Swamp,  were  threatened  with  execution.  They  apprehended 
they  were  to  fall  victims  to  partisan  rancor.  Accordingly, 
their  "situation  being  very  unhappy,"  from  that  point  they 
addressed  a  letter  to  Governor  Burke  detailing  the  com- 
plaints made  by  the  Tories  and  asking  that  Tory  prisoners 
"may  be  well  treated  in  future."  In  view  of  this  interces- 
sion, their  lives  were  spared,  and  after  a  month's  detention 
at  Wilmington  some  of  them  were  paroled,  while  others 
were  conveyed  to  Charleston. 

On  his  return  to  Deep  River  Fanning  received  informa- 
tion that  Colonel  Alston  with  a  party  of  twenty-five  was 
watching  for  him.     He  surprised  Alston  at  his  house,  and 


1781 


July 


Pitt.sboro 
taken 

iuly  18, 1781 
F.  C.  Unl. 
Mag.,  II, 
80 
O853) 


S    R 

x'xii*  550 


N.  C.  Unl. 
Mag.,  II, 
83 

XXII, 
*>3.  557 


682  BURKE'S  ADMINISTRATION,  1781-82 

^781  in  an  action  lasting  several  hours  killed  four  and  wounded 

July  all  the  rest  except  three,  when  they  surrendered.     His  own 

loss  was  but  two  men  killed  and  four  wounded.     Again 

did  Colonel  Balfour  make  an  effort  to  capture  him,  but 

without  success. 

While  Fanning  was  operating  in  the  Deep  River  country 
two  active  Tories  in  Bladen,  McNeil  and  Ray,  collected  the 
Loyalists  lower  down,  and  proved  much  too  strong  for  the 
local  Whig  leaders. 
xxit  On  July  10th  Colonel  Robeson  wrote  to  Governor  Burke 

f^Bfidin548  °*  tne  situation  in  Bladen:  Distressed  by  a  large  body  of 
Tories  and  robbers,  who  range  through  the  county  from 
Wilmington  up  to  Drowning  Creek  and  the  waters  of  the 
Little  Peedee  as  far  as  Richmond — a  hundred  miles  in 
length  and  fifty  across — a  country  much  encumbered  with 
very  large  swamps  and  thick  places,  difficult  for  a  small 
party  of  troops  to  be  of  much  service;  and  the  friends  to 
their  country  that  live  in  this  part  so  distressed  by  their 
property  being  taken  from  them  daily,  and  they  in  constant 
danger  of  their  lives  by  a  set  of  Tories  and  robbers  protected 
by  the  British,  that  if  we  can't  have  assistance,  we  must 
unavoidably  fall  a  prey  to  those  villains — must  in  a  very 
short  time  be  obliged  to  leave  our  homes ;  and  at  this  time 
obliged  to  leave  our  habitations  every  night  to  take  our  rest. 
The  inhabitants  of  the  county  consisted  of  fifteen  com- 
panies, and  now  there  can't  be  raised  more  than  seventy  or 
eighty  men  that  dare  move  in  behalf  of  their  country. 
Five  days  later  he  again  wrote  to  the  governor  that  there 
were  but  fifty  men  to  oppose  some  four  hundred  under 
McNeil  and  Ray,  and  McLaurin  Colvill*  appointed  colonels 
of  Bladen  County ;  that  Colvill  had  said  he  would  have  three 
hundred  more  men  from  the  lower  part  of  the  county  and 
one  hundred  from  Brunswick;  that  August  1st  was  the 
time  limited  for  the  people  to  come  in  by  the  proclamation 
of  General  Clinton  and  Arburthnot,  which  had  been  indus- 
triously spread  among  the  people,  and  if  they  did  not  go 
in  they  were  to  be  destroyed.  McNeil  was  encamped  at 
McFalls  Mill,  between  Drowning  Creek  and  Raft  Swamp, 
and  Colvill  was  ordering  a  general  muster  at  Elizabethtown. 
♦Called  by  Dickson  Maturin  and  generally  so  written. 


CIVIL  WAR  ON  THE  CAPE  FEAR  683 

Colonel    Brown   was   the   commanding   officer   of    Bladen  lJ^ 

County,  but  it  was  impossible  to  get  men  to  join  him  with-  July 
out  assistance.  Colvill,  however,  did  not  live  long  to  enjoy 
his  new  honors.  Colonel  Emmett  wrote  to  the  governor  on 
the  19th :  "A  small  party  of  our  people  in  Bladen,  .  .  .  with- 
out orders,  went  to  the  house  of  Mr.  Colvill,  who  had  ac- 
cepted from  the  English  a  coloners  commission,  killed  him, 
and  plundered  the  house  of  what  property  was  to  be  found 
in  it." 

On  July  30th  Colonel  Brown  and  Colonel  Robeson  joined 
in  a  pathetic  letter  to  Governor  Burke,  which  was  borne 
by  Colonel  Owen  himself,  urging  help.  For  six  months  they 
said  they  had  been  seeking  to  defend  themselves  and  prop-  s.  rm 
erty,  but  the  Tories  were  largely  increasing,  and  robbers  XX11*,°*3 
were  "daily  plundering  and  destroying  our  stock  of  cattle 
and  our  houses  of  everything,  .  .  .  and  now  at  this  time  old 
Hector  McNeil  is  encamped  with  a  large  body  of  men 
within  eight  or  ten  miles  of  our  court-house,  and  is  increas- 
ing in  number  very  fast,  and  Colonel  Duncan  Ray  is  en- 
camped in  another  part  of  our  county  with  a  large  body  of 
men  and  is  giving  out  notice  to  the  inhabitants  that  all  that 
do  not  come  in  by  August  1st  will  have  all  their  properties 
destroyed  and  laid  waste ;  and  we,  being  but  few  in  number 
that  stand  in  behalf  of  our  country,  are  not  sufficient  or  able 
to  stand  in  our  own  defence  without  immediate  assistance. 
.  .  .  Our  number  is  not  one  hundred  ...  to  oppose  be- 
tween four  and  five  hundred.  .  .  .  We  shall  be  all  broke 
up  and  obliged  to  give  way  and  leave  the  place,  which  will 
be  greatly  to  the  advantage  of  our  enemy  and  will  still  in- 
crease their  number." 

Wade's  victory 

As  Colonel  Owen  passed  through  Campbellton,  Colonel 
Emmett,  commanding  in  Cumberland,  sent  by  him  a  similar 
letter  advising  the  governor  that  there  were  four  or  five  ^0RmXV' 
hundred  Tories  embodied  at  McFall's  Mill,  on  Drowning 
Creek,  thirty-five  miles  from  Campbellton,  and  that  unless 
Campbellton  itself  were  occupied  by  the  State,  the  Tories 
would  take  it.  In  the  meantime,  however,  Colonel  Wade, 
of  Anson,  was  not  inactive.    Ascertaining  that  these  Loyal- 


684 


BURKE'S  ADMINISTRATION,  1781-82 


17*1 

August  4th 


Wade's 

Report, 

Graham's 

Graham, 

376 


ists  were  engaged  in  disarming  the  settlers  within  twenty 
miles  of  the  Peedee  and  carrying  off  men  fit  for  duty  and 
driving  off  all  stock  over  Drowning  Creek  into  what  they 
called  "protected  land,"  where  McNeil  and  Ray  had  their 
"flying  army,"  Colonel  Wade  called  out  half  his  regiment, 
and  was  joined  by  parties  from  Montgomery  and  Richmond, 
and  proceeded  into  that  territory.  On  Saturday,  August  4th, 
he  came  up  with  them  at  Beattie's  Bridge,  on  Drowning 
Creek,  and  after  a  sharp  engagement,  lasting  until  twelve 
o'clock  at  night,  the  Tories  drew  off.  A  dozen  of  them 
were  killed  and  some  fifteen  wounded,  while  Wade  suffered 
no  other  loss  than  four  men  wounded. 


s.  R.,  xv, 


S.  R.,  XV, 

54*550,  55 «. 
556»  557 


South  Quay 
captured 

S.  RM  XV, 

560 


S   R.,  XV, 
535 


Cornwallis's  plans 

In  the  middle  of  July  news  came  from  Virginia  that  was 
at  once  disquieting  and  hopeful.  Lafayette  wrote  that  a  part 
of  the  British  troops  were  designed  to  embark  for  New 
York;  the  rest  "will  garrison  Portsmouth;  but  from  their 
number  of  cavalry  I  imagine  they  will  push  to  the  south- 
land." Other  developments  led  to  the  belief  that  Tarleton 
with  a  large  force  of  cavalry  would  pass  through  the  in- 
terior of  the  State  to  the  aid  of  Rawdon.  And  preparations 
were  made  to  harass  if  not  destroy  him  should  the  movement 
be  undertaken. 

Governor  Burke  at  once  directed  the  commanding  officers 
of  Granville,  Orange  and  Caswell  to  collect  all  their  rifle- 
men and  march  to  Boyd's  Ferry,  on  the  Dan,  and  Kemp's 
Ferry,  on  Roanoke,  to  drive  back  Tarleton's  cavalry.  But 
Cornwallis  changed  his  plan,  were  it  ever  contemplated  to 
send  that  corps  to  the  southward. 

A  party  of  the  enemy  pushed  from  Suffolk  to  South  Quay 
on  July  1 6th  and  destroyed  all  the  stores  and  warehouses 
at  that  place.  The  next  day  they  came  within  twelve  miles 
of  Murfree's  Landing,  burning  dwellings  and  storehouses; 
and  also  at  Weyanoke  they  destroyed  large  quantities  of 
rum,  sugar,  coffee,  and  other  articles  stored  by  the  mer- 
chants. They  threatened  Pitch  Landing,  but  Major  Murfree 
having  raised  some  seventy  men  and  taken  post  at  Skinner's 
Bridge,  on  Meherrin  River,  they  retired  to  Suffolk. 

At  the  south,   Craig,  too,  was  displaying  energy.      He 


RE-ENFORCEMENTS  TO  GREENE 


685 


rebuilt  the  Heron  Bridge,  and  announced  his  intention  of 
giving  no  more  paroles,  but  would  seize  and  sell  the  prop-  August 
erty  of  every  man  who  did  not  join  him.  Many  of  the 
Whigs  were  overawed.  From  Cumberland  came  the  report : 
"We  had  a  muster  on  Monday  last,  where  the  third  and 
fourth  numbers  were  ordered  to  meet  in  order  to  march 
after  the  Tories;  but  there  were  neither  officers  nor  men 
met— only  eight  or  ten;  the  colonel  never  came  at  all." 
And  Lillington  reported  to  the  governor  that  he  had  not 
three  rounds  of  ammunition,  and  knew  not  where  to  apply. 


1781 


S.  R.,  XV, 

569 


New  continental  battalions 

In  South  Carolina  General  Greene,  always  prudent,  was 
chafing  at  his  enforced  inactivity  because  his  force  was  in- 
adequate to  renew  hostilities.  He  was  anxiously  awaiting 
the  arrival  of  more  men  before  risking  another  battle. 
Urged  by  his  repeated  calls,  Major  Armstrong  hurried  for-  s  r.,  xvt 
ward  two  hundred  of  the  continental  drafts;  while  on  53°«533 
July  14th  General  Sumner  wrote  to  Greene  from  Salisbury : 
"I  arrived  here  Wednesday  last  with  about  five  hundred 
rank  and  file  badly  equipped;  however,  I  have  ...  re- 
ceived near  three  hundred  good  arms,  .  .  .  which  I  have 
put  in  the  hands  of  some  good  men,  who  will  march  to  join 
you  under  the  command  of  Lieutenant-Colonel  Ashe  early 
to-morrow  morning."  To  Colonel  Ashe  he  gave  orders  that 
on  his  arrival  at  General  Greene's  camp  he  was  to  take 
charge  of  all  the  continental  troops  of  this  State  and  incor- 
porate them  as  the  First  Regiment. 

Ten  days  later  Sumner  himself  marched,  leaving  Arm- 
strong, Hogg,  and  Blount  to  organize  and  bring  forward  the 
drafts  from  the  districts  of  New  Bern,  Halifax,  Edenton, 
and  Wilmington,  all  of  whom  were  still  delayed.  When  as- 
sembled, these  were  formed  into  the  Second  Battalion. 

At  that  time  General  Greene  had  in  contemplation  the  re- 
lief of  North  Carolina  by  carrying  the  garrison  of  Wilming- 
ton, and  then  to  hasten  on  to  Virginia,  and  to  once  more  try  Wilmington 
conclusions  with  Cornwallis.  With  this  view,  on  August  2d 
he  gave  orders  for  Lee's  Legion,  Kirkwood's  Delawares, 
and  Handy's  Maryland  continentals,  to  prepare  for  an  ex-  l^, 
pedition  against  Wilmington 


Greene 
proposes  to 
take 


Secrecy  and  despatch  were  Memoirs, 


686 


BURKE'S  ADMINISTRATION,  1781-82 


X781 

August 


S.  R.,  XV, 

569.593 


Rattle  of 
Rock  Creek 


Dickson's 
Letters,  17 

Aug.  a,  1781 


S  R 
XXII,  568 


necessary  elements  of  success.  Captain  Rudolph,  with  a 
small  party  of  the  legion,  was  hurried  to  the  Cape  Fear  to 
acquire  information  and  to  collect  boats  to  cross  that  river. 
His  mission  was  entirely  successful ;  but  at  the  moment  when 
Greene  was  about  to  strike  the  blow  he  received  information 
from  General  Washington  that  required  a  change  of  plans. 
Ordering  Lafayette  to  continue  his  cautious  conduct,  he 
again  addressed  himself  to  driving  the  British  into  Charles- 
ton.   Washington  planned  to  capture  Cornwallis  himself. 

Craig  invades  the  eastern  counties 

All  inhabitants  had  been  required  by  Major  Craig  to  come 
into  the  British  camp  and  give  in  their  adhesion  by  August 
1st,  and  those  failing  to  do  so  were  to  be  regarded  as  enemies 
subject  to  the  death  penalty  and  to  having  their  homes  plun- 
dered. The  alternative  was  fearful  to  those  within  his 
power.  The  dog-days  of  August  indeed  ushered  in  a  period 
of  horror  and  relentless  warfare.  The  British  commander 
issued  his  proclamation  that  the  Loyalists  should  be  ready 
to  march  with  him,  and  on  August  ist  he  began  a  tour 
through  the  eastern  counties.  Colonel  Kenan  with  a  hun- 
dred and  fifty  of  the  Duplin  militia  had  taken  post  at  Rock 
Creek  (some  two  miles  east  of  Wallace),  and  now  was 
joined  by  a  detachment  of  a  hundred  and  eighty  from  the 
brigade  of  General  Caswell,  and  two  hundred  under  Colonel 
Brown  of  Bladen.  On  the  approach  of  Major  Craig  with 
two  hundred  and  fifty  regulars  and  about  eighty  Tories, 
Kenan  proposed  to  contest  his  passage.  His  ammunition, 
however,  was  soon  exhausted;  and  on  being  charged  the 
militia  broke  and  fled,  closely  pursued  by  the  British  light 
horse,  who  succeeded  in  taking  some  twenty  or  thirty 
prisoners. 

For  ten  days  the  British  column  lingered  in  Duplin,  living 
on  the  country,  embodying  the  Tories,  exacting  allegiance 
of  the  people  and  carrying  out  the  programme  announced 
in  Craig's  proclamation.  The  moderate  and  conservative 
policy  of  Cornwallis  at  his  entrance  into  the  State  was  no 
longer  enforced ;  on  the  contrary,  fire  and  sword  now  took 
the  place  of  conciliation  and  regard  for  the  inhabitants  as 
subjects  of  Great  Britain.    Those  who  did  not  attach  them- 


CIVIL  WAR  IN  THE  EAST 


687 


selves  to  the  British  camp  were  held  outside  of  the  pale  of 
protection  and  given  over  to  the  vengeance  of  the  Tories. 

Having  thoroughly  harried  Duplin,  the  column,  now  in- 
creased by  the  accession  of  three  hundred  Loyalists,  turned 
its  head  toward  New  Bern,  and  General  Lillington,  who 
was  encamped  at  Limestone  Bridge,  in  Duplin,  moved  his 
force  on  the  road  to  the  Trent  to  intercept  its  progress. 


1 78 1 


August 


Lillington  forbidden  to  hazard  a  battle 

General  William  Caswell  with  a  party  of  one  hundred  and  xxai\ 
sixty  horse  operated  on  the  enemy's  lines,  and  before  Craig  564. 565 
had  reached  Kinston  had  a  skirmish  with  about  fifty  of  the 
dragoons.  He  found,  however,  that  his  mounted  militia 
could  not  stand  a  charge ;  the  gleaming  swords  of  the  enemy 
terrified  them.  Craig  hastened  on  to  surprise  Lillington, 
who  would  have  given  him  battle  if  permitted.  But  under 
orders,  he  avoided  a  meeting.  Yet  again  were  the  British 
horse  attacked,  and  with  some  loss.  Caswell  reported  to  the 
governor  on  the  17th:  "General  Lillington  is  between  New 
Bern  and  the  enemy,  and  I  am  fearful  will  risk  an  action. 
...  I  have  done  everything  in  my  power  to  prevent  it,  and 
have  let  him  have  a  sight  of  your  Excellency's  letter,  wherein 
you  mention  that  no  general  action  must  take  place."  Gen- 
eral Lillington's  force  was  about  six  hundred,  drawn  from 
Onslow,  Jones,  Craven,  Dobbs,  and  Pitt,  while  Caswell  com- 
manded one  hundred  and  fifty  horse.  The  crying  need  was 
for  ammunition,  and  arms  were  very  scarce.  It  is  probable 
that  the  want  of  ammunition  determined  Governor  Burke 
to  order  that  no  general  engagement  should  be  risked.  Lil- 
lington had  taken  position  at  Webber's  Bridge,  on  the 
Trent,  had  removed  the  planks  and  had  placed  a  strong 
guard  to  hold  it.  At  that  point  there  was  a  slight  collision 
with  a  reconnoitring  party,  three  of  the  enemy  being  killed 
and  five  wounded.  On  the  evening  of  the  19th  Craig 
reached  New  Bern.  In  his  progress  he  had  ravaged  every 
Whig  plantation  and  brought  ruin  and  distress  on  the  in- 
habitants of  the  country.  On  leaving  Wilmington  he  had 
with  him  only  about  eighty  Tories,  but  as  their  route  lay 
through    a    country    much    disaffected,    many    inhabitants 


New  Bern 
occupied 

sufc:.,78x 

XXII, 
564,  $66,  568, 
569 


688  BURKE'S  ADMINISTRATION,  1781-82 

lJ^l  joined  them.    Those  above  fifty  years  of  age  were  required 

August  t0  take  an  oath  of  allegiance,  while  the  younger  men  were 
prevailed  on  to  enroll  in  their  ranks,  and  their  numbers  were 
augmented  by  hundreds.  General  Caswell  was  apprehensive 
that  almost  all  of  the  inhabitants  in  the  vicinity  of  New  Bern 
and  most  of  those  in  Beaufort  and  Hyde  counties  would 
enlist  with  Craig.  "What  force  we  can  raise  and  arm," 
he  said,  "will  not  be  superior  to  the  Tories,"  and  arms  could 
not  be  had  for  the  men  they  could  raise.  He  proposed  to 
establish  a  post  at  Webber's  Bridge  and  at  Bryan's  Mills,  on 
the  Neuse.  General  Lillington,  now  quite  old  and  much 
fatigued,  was  to  leave  the  camp  the  next  day. 

Lillington  was  resolute,  and  doubtless  eager  for  a  battle, 
but  it  appears  that  he  was  restrained  by  the  prudent  orders 
of  the  governor  from  making  a  stand  against  the  British 
force.  His  plantation  and  those  of  his  friends  at  Rocky 
Point  had  been  desolated,  their  negroes  carried  off,  and 
themselves  reduced  to  poverty.  Some  of  his  friends  had 
been  captured  and  subjected  to  inhuman  ill-usage,  and  he 
doubtless  chafed  that  he  was  not  permitted  to  strike  a  blow 
at  the  enemy,  even  though  he  might  not  hope  for  absolute 
victory. 
Death  of  On  entering  New  Bern,  the  British  met  with  a  cordial  re- 

ception from  some,  but  the  patriotic  citizens  sought  to  es- 
cape.   As  Dr.  Alexander  Gaston  with  his  wife  and  two  small 
children  were  about  to  depart  in  a  boat  one  of  the  Tories 
ruthlessly  shot  Dr.  Gaston  down,  and  the  son,  afterward 
the  eminent  jurist,  was  literally  baptized  into  patriotism  in 
?nf.'c.|*h,  tne  Moocl   °f  h*s  murdered   father.     After   despoiling   the 
99;  vn,  in   town,  robbing  the  citizens,  burning  vessels  and  committing 
S.R.,  xv,     other   excesses,    Craig   with    his   Tory    followers   departed 
toward  Kinston. 

Tory  atrocities 

s.  r.,  '  v,  He  rapidly  advanced  to  Bryan  Mills,  on  the  Neuse,  where 
Colonel  Gorham  commanded  a  detachment.  There  a  skir- 
mish ensued,  but  Gorham  was  easily  driven  off. 

The  British  remained  at  that  point  one  night,  burning  the 


CIVIL  WAR  IN  THE  EAST 


689 


houses  of  General  Bryan,  William  Heritage,  William  Coxe, 
and  Longfield  Coxe,  and  much  distressed  and  abused  their 
families.  Their  intention  was  to  proceed  further  into  the 
interior,  but  General  Wayne  with  a  body  of  continental 
troops,  who  was  operating  against  the  British  near  Suffolk, 
now  drew  near  to  North  Carolina,  and  a  report  spread  that 
he  was  at  Halifax.  Craig,  receiving  this  information,  turned 
to  the  southward,  crossed  the  Trent  and  moved  to  Rich- 
lands,  thence  returning  to  his  fortifications  at  Wilmington. 
His  loss  on  this  raid  was  about  fifteen  killed  and  captured 
and  about  the  same  number  wounded.  The  great  scarcity 
of  ammunition  prevented  much  skirmishing  on  the  part  of 
the  Americans.  The  destruction  of  the  residences  at  Bryan 
Mills  led  to  severe  retaliation ;  the  inhabitants  who  had  suf- 
fered raised  a  party  and  burned  up  all  the  houses  of  the 
Tories  in  that  vicinity.  General  Caswell  ordered  such 
troops  as  could  be  raised  in  Duplin,  Wayne  and  Onslow  to 
fall  in  the  rear  of  the  retreating  enemy,  and  to  annoy  them 
on  their  return  to  Wilmington.  But  without  serious  opposi- 
tion Craig  regained  his  fortifications.  In  this  foray  he 
carried  into  effect  the  terms  of  his  proclamation.  The  Tories 
especially  were  jubilant.  They  burned  houses,  seized  many 
negroes  and  destroyed  many  farms.  In  retaliation,  the 
Whigs  devastated  the  plantations  of  their  Tory  neighbors, 
and  a  reign  of  terror  and  relentless  warfare  was  inaugurated. 
William  Dickson,  of  Duplin,  writing  three  years  later,  says : 
"The  enemy  stayed  several  days  in  Duplin — the  first  week 
in  August,  1 781.  The  Royalists  gathered  together  very  fast, 
and  we  were  now  reduced  again  to  the  utmost  extremity.  .  .  . 
Some  men  collected  and  formed  a  little  flying  camp,  and 
moved  near  the  enemy's  lines,  and  made  frequent  sallies  on 
their  rear  flanks.  .  .  .  The  Tories  in  Duplin  and  other  coun- 
ties .  .  .  become  more  insolent  than  ever ;  but  Craig  having 
returned  to  Wilmington,  the  Whigs  again  resumed  their 
courage,  and  determined  to  be  revenged  on  the  Loyalists, 
our  neighbors,  or  hazard  all.  Accordingly,  we  collected 
about  eighty  light  horse  and  .  .  .  marching  straight  into  the 
neighborhood  where  the  Tories  were  embodied,  surprised 
them ;  they  fled,  our  men  pursued  them,  cut  many  of  them 
to  pieces,  took  several  and  put  them  to  instant  death." 


1 781 

S.  R.,  XvT 

6a7;  XXII, 
593 


August 


Craig 
returns  to 
Wilmington 


Retaliation 


Dickson's 

Letters, 

17-19 


Tories 
massacred 


690 


BURKE'S  ADMINISTRATION,  1781-82 


I781 

sTr., 

XXII, 
904,  305,  567 


Dickson's 
Letters,  19 


S   R 
XXH,9o5 


Wheeler, 
Hist.  N.  C, 
II.  41 


N.  C.  Uni. 
Mag.,  IV, 
3»8  (1855) 


Battle  of  Elizabethtown 

While  Major  Craig  was  harrying  the  Whigs  of  the  eastern 
counties,  Fanning  and  the  other  Tory  leaders  were  devastat- 
ing the  settlements  on  the  Northwest  Branch  of  the  Cape 
Fear.  On  August  nth  Fanning,  Slingsby,  McNeil,  and 
Ray  all  met,  with  their  respective  forces,  at  Cross  Creek, 
and  together  they  scourged  the  country  on  either  side  of 
the  river,  taking  prisoners,  ravaging  plantations  and  desolat- 
ing the  Whig  settlements.  Colonel  Slingsby  on  the  assassi- 
nation of  Colvill  had  been  appointed  to  command  the  Bladen 
Loyalists,  and  when  Fanning,  toward  the  last  of  August,  re- 
turned from  Wilmington,  he  found  Slingsby  with  his  com- 
mand at  Elizabethtown  in  possession  of  many  Whig  pris- 
oners. 

Colonels  Brown,  Owen,  Robeson,  Morehead,  Irwine  and 
others  who  had  been  forced  to  abandon  their  homes  by  these 
Tory  bands,  had  been  anxiously  seeking  aid  and  re-enforce- 
ments to  return  and  drive  them  from  Bladen.  But  the 
people  of  Duplin  and  the  neighboring  counties  were  them- 
selves harassed  by  troopers  from  Wilmington  and  the 
Tories  of  their  own  section,  so  that  assistance  could  not  be 
obtained.  At  length,  however,  they  collected  some  one  hun- 
dred and  fifty  Bladen  men,  who  like  themselves  had  been 
expelled  from  their  homes,  and  on  the  night  of  August  29th 
they  forded  the  river  in  the  vicinity  of  Elizabethtown,  and 
just  before  daybreak  made  an  attack  on  Slingsby's  post. 
Although  the  garrison,  consisting  of  four  hundred,  largely 
outnumbered  the  small  party  of  assailants,  this  night  attack 
resulted  most  fortunately.  In  the  camp  were  many  Whig 
prisoners,  and  this  circumstance  probably  contributed  to  in- 
duce the  early  flight  of  the  garrison.  The  Whigs,  by  a  sud- 
den and  violent  onslaught,  just  before  daybreak,  threw  the 
surprised  Tories  into  disorder ;  and  as  their  principal  officers 
sought  to  marshal  them,  they  soon  fell  before  the  unerr- 
ing fire  of  the  resolute  assailants.  Deprived  of  their  leaders, 
the  Tories,  in  consternation,  precipitately  fled,  many  of  them 
leaping  pell-mell  into  a  deep  ravine,  which  has  since  been 
known  as  "Tories'  Hole.,,  "In  this  action,"  wrote  Archi- 
bald Maclaine  from  Sampson  Hall  some  three  weeks  later, 
"we  had  only  one  man  wounded ;  killed,  wounded  and  taken 


BATTLE  OF  ELIZABETHTOWN 


691 


of  the  enemy,  nineteen.    Slingsby  since  dead  of  his  wounds."  *j£ 

Colonel  Godden  fell  dead  in  his  tracks,  as  did  most  of  the  August 
other  officers  of  the  garrison.  Knowing  that  their  small 
numbers  could  not  successfully  resist  the  Tories  in  an  open, 
pitched  battle,  the  Whigs  collected  the  arms  and  stores  in 
the  camp  and  retired  to  the  other  side  of  the  river,  carrying 
their  booty  with  them. 

This  battle  of  Elizabethtown,*  as  it  was  one  of  the  most 
daring  in  conception,  was  one  of  the  most  brilliant  in  the  par- 
tisan warfare  of  that  region,  so  remarkable  for  its  many  bold 
encounters.  In  its  results  it  was  equally  important  as  it 
was  successful.  Not  only  were  the  Loyalists  of  Bladen  dis- 
heartened and  suppressed,  but  the  supply  of  arms  and  ammu- 
nition obtained  by  the  Whigs  equipped  them  for  larger 
operations,  and  the  Tories  of  that  part  of  Bladen  made 
head  no  more. 

Governor  Burke's  plans 

During  all  that  heated  season  the  efforts  of  the  governor  s.  r., 
were  untiring.  In  August  he  was  mollifying  the  outraged  ^"^-m 
merchants  of  Edenton,  whose  commerce  had  been  arrested 
by  the  impressment  of  their  cargoes,  and  then  at  Halifax  he 
was  preparing  to  delay  the  progress  of  Cornwallis  should 
he  again  turn  southward,  escaping  from  Virginia  to  reunite 
with  Rawdon  in  South  Carolina.  Certain  information  had 
come  that  in  consequence  of  the  arrival  of  the  French  fleet, 
Cornwallis  was  moving  from  York  to  Jamestown,  intending 
to  cross  the  James  River,  and  hoping  to  pass  unopposed 
through  North  Carolina.  Perhaps  it  was  to  facilitate  that 
possible  movement  that  Craig  had  made  his  inroad  into  the 
eastern  counties  somewhat  earlier.  Now  Burke  was  busy  s.  rm  xv, 
securing  the  boats  on  the  lower  Roanoke  and  embodying  the 
militia  to  obstruct  the  expected  march  of  the  enemy  until 

♦There  has  been  some  confusion  as  to  the  date  of  this  battle.  It 
was  evidently  after  Major  Craig  had  passed  through  Duplin;  and 
Fanning  says  in  his  Narrative  that  it  was  two  days  before  the  defeat 
of  Colonel  Wade,  which  was  on  September  1st.  Dickson  says 
Colonel  Brown  was  in  command  of  the  attacking  party  (Dickson's 
Letters,  pp.  17  and  19.  Machine's  Letter.  Univ.  Mag.,  1855.  Fan- 
ning's  Narrative).  Fanning,  ignorant  of  the  assault  by  the  Whigs 
under  Brown  and  Robeson,  ascribed  the  affair  to  the  uprising  of  the 
Whig  prisoners  Slingsby  had  in  his  camp. 


630 


692 


BURKE'S  ADMINISTRATION,  1781-82 


1781 
September 


McRee's 
Iredell,  I, 
Ma 


S.  R  ,  XV, 

595 


The 
situation 


Lafayette  and  Steuben  and  Wayne  might  bring  him  to  battle. 
On  August  24th  he  ordered  out  the  militia  of  all  the  coun- 
ties; those  in  the  east  to  oppose  Cornwallis;  those  of  the 
centre  and  west  to  suppress  the  Tories  on  the  Cape  Fear. 
The  detachments  from  Granville  and  Wake  were  to  assemble 
at  Wake  Court  House;  from  Caswell,  Randolph,  Chatham, 
and  Orange,  at  Ramsey's  Mills.  It  is  said  he  was  projecting 
a  great  movement  and  intended  to  lead  the  militia  himself. 

The  danger  of  Lord  Cornwallis's  situation  being  evident, 
it  was  not  doubted  that  he  would  endeavor  to  make  good  his 
retreat  through  the  State.  Governor  Burke  resolved  to  put 
the  whole  force  of  North  Carolina  in  motion  to  act  as  the 
occasion  might  require,  either  to  oppose  Cornwrallis  or  to 
attack  Craig  or  to  re-enforce  General  Greene  so  as  to  give 
hjm  a  decisive  superiority.  Realizing  that  everything  de- 
pended upon  prompt  execution,  he  gave  his  personal  exer- 
tions, influence  and  authority  to  accomplish  his  design,  and 
early  in  September  moved  toward  Salisbury,  where  he 
proposed  to  complete  the  dispositions  he  had  directed  at  the 
West. 

He  spent  the  early  days  of  September  in  Granville  and 
then  set  out  on  his  journey  to  Salisbury.  On  the  way  he 
stopped  a  day  or  two  at  Hillsboro.  He  was  constantly  re- 
ceiving and  answering  appeals  for  military  aid  made  by 
the  distressed  inhabitants  of  the  Cape  Fear  section.  But 
insurmountable  obstacles  and  difficulties  met  him  on  every 
side.  There  was  pressing  need  for  the  continental  drafts  to 
be  hurried  to  Greene's  aid  in  South  Carolina,  and  calls  were 
made  by  General  Steuben  for  both  continentals  and  militia 
to  assist  him  in  Virginia.  General  Rutherford  and  Colonel 
Isaacs,  who  had  been  conveyed  as  prisoners  to  Florida,  had 
just  returned  from  their  confinement;  Davidson  was  dead, 
Colonel  Locke  had  marched  a  detachment  to  the  southward. 
William  Caswell  in  the  east  and  General  Butler  at  the  west 
were  the  main  reliance  for  active  work.  Butler  early  in 
September  was  gathering  a  force  on  the  Haw  and  the  Deep 
to  hold  in  check  the  formidable  bands  of  Tories  that  were 
scourging  that  region.  Next  to  Rutherford  he  was  the 
most  efficient  of  the  brigadiers. 


CIVIL  WAR  ON  THE  CAPE  FEAR  693 

Fanning  defeats  Wade  Hjl 

On  his  return  from  Wilmington,  with  a  fresh  supply  of 
ammunition,  Colonel  Fanning  after  passing  Slingsby  at 
Elizabethtown  continued  to  McFall's  Mills,  about  sixty  l^,* 
miles  distant.  There  he  received  information  of  the  disaster  *os.  584 
to  his  friends  at  Elizabethtown,  and  he  despatched  ninety  of 
his  men  back  to  render  assistance;  but  it  was  too  late,  the 
Whigs  had  gathered  their  booty  and  had  retired.  He  like- 
wise received  information  that  Colonel  Wade  was  marching 
to  attack  Colonel  McNeil  in  the  vicinity  of  Raft  Swamp,  and 
he  set  out  to  re-enforce  that  Loyalist  partisan,  whom  he  joined 
in  the  morning  of  September  1st. 

He  found  that  Wade  had  crossed  the  bridge  to  the  eastern 
side  of  Drowning  Creek,  and  had  taken  post  on  the  highland 
near  a  mile  distant  from  the  bridge,  the  intervening  road 
being  a  narrow  causeway.  Fanning  directed  McNeil  to 
turn  down  the  swamp  to  cut  off  Wade's  retreat  in  that  direc- 
tion, and,  confident  of  victory  before  midday,  began  the 
battle.  At  Wade's  first  fire  eighteen  horses  of  Fanning's  men 
were  killed,  but  the  Tories  at  once  dismounted  and  made 
a  deadly  assault,  continuing  to  fire  as  they  advanced;  and 
when  they  approached  to  within  twenty-five  yards  of  Wade's 
line  the  Whigs  broke  and  fled  in  the  utmost  confusion.  Had 
McNeil  obeyed  directions  closely  Wade's  force  would  have 
been  entirely  destroyed;  but  he  did  not  take  the  position 
assigned  him,  and  the  causeway  and  bridge  were  open  for  a 
safe  retreat.  Fanning  pursued  some  seven  miles,  and  took 
fifty-four  prisoners,  four  of  whom  died  that  night,  while 
nineteen  of  the  Whigs  lay  dead  on  the  ground.  He  states 
his  own  loss  at  only  one  killed  and  a  few  wounded.  Having 
taken  two  hundred  and  fifty  horses,  he  distributed  them 
among  those  of  his  troops  who  were  not  mounted  in  the 
action.  The  prisoners  were  paroled,  except  thirty,  who  were 
sent  to  Wilmington ;  and  then  Fanning  returned  to  McFall's 
Mills,  where  he  was  joined  by  the  detachment  he  had  sent 
to  Slingsby's  assistance.  The  misfortune  that  befell  Wade's 
force  in  this  encounter  had  a  dampening  effect  on  the  ardor 
of  the  Whigs ;  but  General  Butler,  Colonel  Balfour,  Colonel 
Mebane,  Colonel  Collier  and  their  associates  redoubled  their 


694  BURKE'S  ADMINISTRATION,  1781-82 

fjjl  efforts  to  restore  confidence  and  bring  the  militia  together 

to  make  head  against  the  aggressive  Loyalists. 

The  governor  is  captured 

While  Fanning  was  at  Wilmington  toward  the  end  of 
tem  er  August,  that  bold  partisan  agreed  with  Craig  that  Gov- 
ernor Burke  should  be  captured ;  and  after  defeating  Wade, 
Fanning  resolved  to  carry  the  design  into  execution. 
On  September  9th  he  was  joined  by  Colonel  McDougal,  of 
Cumberland,  with  two  hundred  men,  and  Hector  McNeil 
with  a  detachment  from  Bladen,  and  more  than  four  hun- 
dred others  had  responded  to  his  call  for  the  Loyalists  to 
embody.    He  thus  found  himself  at  the  head  of  several  hun- 

xxji,  w  ^red  ac^ve  partisans.  Marching  directly  toward  Coxe's  Mill 
as  if  to  attack  General  Butler,  who  was  in  that  vicinity,  he 
suddenly  changed  his  route,  pushed  on  during  Septem- 
ber nth  and  all  the  following  night,  and  reached  Hillsboro 
in  the  early  morning.  His  presence  in  that  vicinity  was  not 
at  all  suspected. 

Governor  Burke  on  September  10th  received  information 

s  r.  xvi     °f  tne  movement  of  Fanning  toward  Butler's   camp,  and 

ia  $t\eq.  '  sent  a  warning  to  the  general  to  be  on  his  guard.  Little  did 
he  suspect  that  the  object  of  the  enterprising  partisan  was 
nothing  less  than  his  own  capture.  On  the  night  of  the  nth 
no  particular  precautions  were  taken  by  the  detachments  at 

At  Hillsboro  Hillsboro.  The  little  hamlet  was  rejoicing  in  the  presence 
of  his  Excellency  and  those  who  attended  him,  and  its  sense 
of  security  was  not  at  all  disturbed  by  the  movements  of 
the  enemy.  Hillsboro  was  in  a  measure  the  seat  of  govern- 
ment, and  there  were  stored  some  cannon,  supplies  and  pro- 
visions, and  it  was  the  headquarters  of  the  continentals  at 
that  time,  a  number  of  whom  were  congregated  there  pre- 
paring to  march  to  the  southward.  Suddenly  the  next  morn- 
ing, a  foggy,  disagreeable  morning,  it  was  rudely  awakened 
from  its  peaceful  repose.  A  clap  of  thunder  from  a  clear 
sky  would  have  been  no  greater  surprise.    At  seven  o'clock 

SePt.ia,i78x  on  the  morning  of  the  12th  Fanning's  Tories  entered  the 
town  in  three  divisions.  Several  shots  were  fired  from  dif- 
ferent houses  upon  the  invaders,  but  without  inflicting  any 


FANNING  CAPTURES  BURKE  695 

serious  loss.     "We  killed  fifteen  of  the  rebels,"  said  Fan-  lj^ 

ning,  "and  wounded  twenty,  and  took  upward  of  two  hun-  s^R^ 
dred  prisoners.  Among  them  was  the  governor,  his  council, 
a  party  of  continental  colonels,  captains  and  subalterns,  and 
seventy-one  continental  soldiers  taken  out  of  a  church.  We 
proceeded  to  the  jail  and  released  thirty  Loyalists  and  British 
soldiers,  one  of  whom  was  to  have  been  hanged  on  that  day." 
He  took  the  guns  from  the  guard  and  put  them  in  the 
hands  of  the  prisoners,  and  turned  the  guard  into  the  prison 
quarters.    It  was  there  that  most  of  the  Whigs  were  killed. 

Battle  of  Cane  Creek 

Colonel  Mebane  made  good  his  escape  during  the 
melee,  and  hastened  to  advise  General  Butler.  Seeking  to 
intercept  Fanning  on  his  return,  Butler  took  post  at  John 
Alston's  mill,  near  Lindsay's,  on  Cane  Creek. 

The  Tory  commander,  having  secured  the  object  of  his 
expedition,  hastened  away  with  his  prisoners,  thinking  by 
celerity  of  movement  to  escape  without  molestation.     By 
twelve  o'clock  he  began  his  march.    That  night  he  reached 
the  vicinity  of  Cane  Creek,  and  the  next  morning  the  march 
was   resumed.     His   force   was   composed   chiefly   of  two 
bodies,  one,  several  hundred  Scotchmen,  under  McNeil  and 
McDougal;  the  other,  loyal  inhabitants,  not  Scotch,  under 
Fanning  and  militia  officers.     The  Scotchmen  were  in  the 
advance,  while  Fanning's  Tories  were  in  the  rear  with  the 
prisoners.    Butler  had  posted  his  men  along  the  high  banks 
on  the  south  side  of  the  stream,  where  the  road  coming  from  qJJ"^^ 
the  ford  skirted  through  a  narrow  piece  of  low  ground.    As  state,  1, 
McNeil  advanced  along  this  open  roadway  the  Whigs  from 
the  brow  of  the  hill  delivered  a  deliberate  fire  with  murder-  s.  r., 
ous  effect.     The  Scotchmen,  utterly  surprised,  at  once  re- 
coiled.   Fanning  hastened  to  send  his  prisoners  off  under  a 
detachment  so  as  to  secure  them  at  all  events,  and  then 
crossed  the  stream  higher  up,  and  a  desperate  and  bloody  JJ^ff'i 
conflict  ensued.  By  Fanning's  attack  from  an  unexpected  quar-  545 
ter  the  Whigs  were  thrown  into  momentary  confusion,  but 
soon  rallied,  and  nearly  every  Whig  killed  in  the  action  fell 
at  this  time.    The  engagement  lasted  four  hours,  resulting  in 


696 


BURKE'S  ADMINISTRATION,  1781-82 


1781 

September 


Fanning 
disabled 


Caruthers, 
I,ai4 


S.  R.,  XV, 
651 


Butler 
surprised  at 
Hrown 
Marsh 

Graham's 

Graham, 

365 


Bio*.  Hist, 
of  N.  C,  V, 
36 

Martin 
actum 
governor 


the  retreat  of  the  Whigs.  The  loss  of  the  Tories  was  twenty- 
seven  killed,  sixty  so  badly  wounded  that  they  could  not  be 
moved,  and  thirty  others  wounded,  who,  however,  con- 
tinued with  the  main  body.  The  loss  of  the  Whigs,  while 
great,  was  not  so  heavy.  Several  of  the  highest  officers  on 
both  sides  were  killed.  Among  the  slain  were  Colonel  Lut- 
terell  and  Major  John  Nails ;  while  on  the  Tory  side  John 
Rains,  Edward  Edwards,  Colonel  Dushee  Shaw,  and  Colonel 
Hector  McNeil,  the  elder,  fell  dead  on  the  field.  At  the 
very  end  of  the  battle  Colonel  Fanning  received  a  wound  in 
his  arm  that  shattered  the  bone  and  disabled  him.  It  is 
related  that  Colonel  Robert  Mebane  signalized  himself  by  a 
bold  and  deliberate  act  of  courage  in  the  hottest  of  the  battle. 
The  ammunition  of  the  Whigs  was  about  expended,  and  he 
advanced  along  the  line  slowly  distributing  powder  and  ball 
to  the  men  as  needed,  a  target  for  every  man  in  the  Tory 
ranks.  Fanning,  being  unable  to  travel,  was  conveyed  to  a 
secret  place  on  Brush  Creek,  and  for  some  weeks  was  dis- 
abled by  his  wounds.  At  his  request,  Colonel  McDougal 
assumed  command  and  hurried  toward  Wilmington,  suc- 
cessfully delivering,  on  September  23d,  the  person  of  Gover- 
nor Burke  to  Major  Craig,  who  had  advanced  to  Livingston 
Creek  to  receive  his  distinguished  and  valuable  prisoner. 
Fearing  to  be  overtaken,  the  Tories  made  such  haste  that 
although  General  Butler  hotly  pursued  them  even  to  the 
vicinity  of  Wilmington,  it  was  without  avail.  However, 
he  had  a  slight  engagement  at  Hammond  Creek,  and  he  then 
took  post  at  Brown  Marsh,  in  Bladen  County.  There  about 
October  1st  the  British  marching  from  Wilmington  in  the 
night  surprised  him,  attacking  his  camp  with  some  suc- 
cess; and  he  retired  toward  Campbellton.  And  now  for  a 
time  the  State  was  left  without  a  head,  but  Colonel  Alex- 
ander Martin,  as  speaker  of  the  senate,  quickly  assumed  the 
reins  of  government  and  began  an  energetic  administration. 
Governor  Burke  was  regarded  as  a  political  prisoner  and 
not  a  prisoner  of  war.  He  was  denied  the  right  of  exchange, 
and  was  held  at  Major  Craig's  suggestion  as  a  hostage  for 
the  safety  of  Fanning,  should  that  venturesome  Tory  fall 
into  the  hands  of  the  Whigs. 


GREENE  FIGHTS  AT  EUTAIV  697 

/  The  battle  of  Eutaw  Springs  ^81 

/  Greene  had  now  received  considerable  re-enforcement  from  September 
L^  North  Carolina.  The  continentals  led  by  Colonel  Ashe  were 
formed  into  the  First  Battalion;  those  brought  by  Major 
Armstrong  and  General  Sumner  about  the  close  of  July  be- 
came the  Second  Battalion;  and  toward  the  middle  of 
August  Major  Blount  arrived  with  such  other  continental 
drafts  as  had  then  been  embodied  and  provided  with  arms. 
These  became  the  Third  Battalion.  They  were  all  thrown 
into  a  brigade  commanded  by  General  Sumner  in  person. 
There  had  also  reached  camp  two  battalions  of  North 
Carolina  militia  commanded  by  Colonel  Malmedy,  a  French 
nobleman,  trained  to  arms,  who  was  appointed  by  the  As- 
sembly early  in  July  for  that  purpose.  Taking  into  account 
those  North  Carolinians  who  had  enlisted  with  Colonel  Will- 
iam Polk,  of  Mecklenburg,  Colonel  Wade  Hampton,  and 
Colonel  Hill,  and  in  other  corps  then  with  Greene,  North 
Carolinians  formed  one-half  of  Greene's  entire  army. 

Strengthened  by  these  accessions,  Greene  resolved  to  take 
the  initiative  and  put  an  end  to  his  enforced  inactivity.    At 
last,  at  the  very  time  when  Fanning  was  compassing  his 
great  stroke  against  his  enemies — the  capture  of  the  gover- 
nor, Greene  brought  on  the  battle  of  Eutaw  Springs  on  Sep- 
tember 8th.    As  before,  the  militia  was  placed  at  the  front ; 
those  from  North  Carolina,  under  Colonel  Malmedy.     The  Lee's 
second  line  was  composed  of  continentals,  the  North  Caro-  46C7m°irs% 
linians  now  under  Sumner  on  the  right.    The  British  army 
was  drawn  up  in  a  single  line.    The  militia  advanced  with 
alacrity,  and  the  battle  became  warm.     The  fire  ran  from 
flmk  to  flank,  the  American  line  still  advancing;  but  after  a 
fierce  contest  the  militia,   having  fired   seventeen   rounds, 
eventually  gave  way,  and  Greene  instantly  ordered  Sumner 
to  fill  the  chasm.    He  came  handsomely  into  action,  and  the 
battle  grew  hotter  and  hotter,  the  British  being  driven  back  i,ee\ 
to  their  first  position.     The  American  line  persevered  and  468mo,ri' 
advanced,  and  the  fire  became  mutually  destructive,  when 
General  Greene,  determining  to  strike  a  conclusive  blow,  McRee.R 
brought  up  his  reserves,  and  all  pressing  forward  with  a  ^cdeii,  1, 
shout,  the  battle  raged  with  redoubled  fury.    The  conquer- 
ing Americans  pressed  the  advantage  they  had  gained,  pur- 


698  BURKE'S  ADMINISTRATION,  1781-S2 

**l  suing  the  foe,  and  possessed  themselves  of  the  British  camp, 

which  was  yielded  without  a  struggle.  The  British  line  gave 
way,  and  in  the  pursuit  the  Americans  took  three  hundred 
prisoners  and  two  pieces  of  artillery.  The  British  general, 
however,  later  restored  his  broken  line  and  advanced;  and 
the  action  was  renewed,  the  battle  terminating  in  the  British 
re-possessing  their  camp,  taking  two  field  pieces,  the  Ameri- 
The  bloody  cans  in  turn  retreating.  For  three  hours  it  was  a  fierce  con- 
ballIc  test,  every  corps  in  each  army  bravely  supporting  each 

other.  It  was  one  of  the  bloodiest  of  the  great  conflicts  in 
the  course  of  the  war.  More  than  one-fifth  of  the  British  and 
one-fourth  of  the  American  army  were  killed  and  wounded. 
The  British  took  sixty  prisoners,  while  the  Americans  cap- 
tured about  five  hundred.  Of  the  six  commandants  of  con- 
tinental regiments,  only  Williams  and  Lee  escaped  unhurt 

The  gallantry  of  the  North  Carolinians 

When  Sumner  moved  forward,  the  battalions  of  Ashe, 
Armstrong  and  Blount  so  promptly  filled  the  gap  with  such 
admirable  and  soldierly  precision  that  Greene  in  a  burst  of 
enthusiasm  exclaimed :  "I  was  at  a  loss  which  most  to  ad- 
mire, the  gallantry  of  the  officers  or  the  good  conduct  of  their 
men."  These  men  had  just  been  raised  as  new  drafts,  and 
were  in  part  the  very  militia  who  under  adverse  circum- 
stances had  retired  disorderly  at  Guilford  Court  House,  and 
had  been  enrolled  by  the  Council  Extraordinary  into  the 
continental  service  for  one  year  on  that  account.  Now  they 
were  drilled  and  disciplined,  themselves  had  bayonets  and 
had  been  taught  how  to  use  them.  They  had  officers  trained 
and  experienced,  and  they  gave  to  the  world  an  example  of 
courage  and  endurance  that  reflected  the  highest  credit  on 
American  soldiery.  The  loss  of  North  Carolina  was  particu- 
\\tf£\  Iarly  heavy  in  that  sanguinary  battle.  Of  her  continentals, 
l*R?5kv  three  captains  and  one  lieutenant  were  killed,  and  one  cap- 
63«  '  '  tain  and  five  lieutenants  were  wounded.  Major  James  Ruth- 
erford, son  of  General  Griffith  Rutherford,  was  killed,  and 
Captains  Goodwin,  Goodman,  Porterfield,  and  Lieutenants 
Dillon  and  Polk,  and  Ensign  Lamb  were  killed.  The  militia 
as  well  as  the  continentals  suffered  severely  both  in  killed 
and  wounded. 


CHAPTER  XXXIX 
Martin's  Administration,  1781-83 

Rutherford  marches  to  Wilmington. — Cornwallis  surrenders. — 
Wilmington  evacuated. — Rutherford  disbands  his  army. — Fanning  not 
suppressed. — The  Assembly  at  Salem. — The  Tories  active. — Governor 
Martin's  action. — The  return  of  Burke. — He  assumes  the  administra- 
tion.— Fanning's  brutality. — Progress  of  events. — Burke  seeks  a 
re-election. — Alexander  Martin  chosen. — New  legislation. — The  Mora- 
vians.— Depreciation  of  the  currency. — The  Continental  Line. — Indian 
hostilities  renewed. — Leslie  remains  at  Charleston. — The  deplorable 
condition  of  the  army. — Charleston  evacuated. — The  number  of  troops 
furnished  by  North  Carolina. — The  capture  of  Lord  Montague. — The 
condition  in  1783. — Governor  Martin's  address. — The  sovereign  State. 

Rutherford  marches  to  Wilmington 

Although  the  abduction  of  the  head  of  the  commonwealth  1781 

disorganized  the  administration  and  threw  matters  of  state  ~^ 

into  disorder,  it  did  not  entirely  disarrange  the  plans  Gov- 
ernor Burke  had  set  on  foot  to  subdue  the  Tories  and  expel  Graham's 
the  British  from  Wilmington.  In  August  General  Ruther-  £r6aham' 
ford,  having  returned  from  his  captivity  in  Florida,  resumed 
command  in  his  district.  His  zeal  had  not  been  quenched  by 
his  misfortunes,  but  rather  the  remembrance  of  the  suffer- 
ings he  had  endured  inspired  him  with  a  firmer  resolution. 
Conformably  to  the  governor's  programme,  he  quickly  called 
out  a  part  of  his  brigade,  and  asked  volunteers  to  meet  him 
at  Little  River,  in  Montgomery  County,  by  September  15th, 
urging  as  many  as  possible  to  bring  their  horses  and  act 
as  cavalry.  Governor  Burke  was  on  his  way  to  Salisbury  in 
connection  with  this  movement  when  he  was  captured,  and 
doubtless  this  startling,  shocking  event  caused  some  delay 
in  the  assembling  of  Rutherford's  troops.  A  fortnight  was 
passed  in  organizing  the  companies  and  in  training  the  cav- 
alry, the  command  of  the  horsemen  being  assigned  to 
Colonel  Robert  Smith,  assisted  by  Major  Joseph  Graham 
and  Captain  Simmons  and  others  who  had  served  under 


7oo  MARTIN'S  ADMINISTRATION,  1781-83 

1781  Major  Davie  in  previous  operations.    Rutherford,  intent  on 

October  victory,  took  every  precaution  to  bring  his  raw  levies  up  to 
Bio  HUt  a  state  °*  efficiencv-  On  October  1st  he  broke  camp  and 
n.  c.,  111',  moved  by  slow  marches  toward  Campbellton,  being  joined 
35  constantly  by  new  accessions.    At  that  time  General  Butler, 

who  had  shortly  before  suffered  discomfiture  at  Brown 
Marsh,  had  withdrawn  from  below  and  was  in  the  vicinity 
of  Cross  Creek ;  and  later  he  united  his  force  with  the  new 
levies.  On  reaching  Rockfish  on  October  15th,  Rutherford's 
cavalry  had  a  slight  engagement  with  a  detachment  of 
Tories,  and  from  prisoners  information  was  obtained  that 
a  body  of  six  hundred  Loyalists  under  Colonels  Elrod,  Ray, 
^x*-»  McNeil,  and  McDougal  then  lay  in  Raft  Swamp.     Fanning 

was  still  in  hiding  on  Brush  Creek,  in  the  Deep  River  sec- 
tion, his  wounds  not  yet  healed ;  but  he  had  so  far  regained 
his  strength  that  somewhat  earlier  he  despatched  messengers 
to  Wilmington  for  a  supply  of  ammunition,  which  Major 
Craig  sent  him  on  October  13th,  and  he  was  preparing  to 
take  the  field  again.  The  corps  of  Tories  then  at  Raft 
Swamp  was,  however,  a  part  of  those  who  had  been  with 
him  in  the  expedition  for  the  capture  of  the  governor  and 
their  leaders  were  wily  and  astute.  In  order  to  expel  them 
from  their  stronghold,  Rutherford  arranged  his  men  in  a 
single  line,  five  steps  apart,  and  beat  through  the  swamp, 
but  without  avail.  The  game  had  flown.  The  vigilant 
Tories  made  good  their  escape. 
Graham,*  Rutherford  encamped  at  Brown  Marsh,  some  fifteen  miles 

36^  south  of  Elizabethtown  and  thirty  miles  from  Wilmington, 

as  General  Butler  had  done  several  weeks  before.  While 
there,  Colonel  Alexander  Martin,  who  had  succeeded  to  the 
office  of  governor,  visited  the  camp,  remaining  several  days 
with  the  soldiers,  and  enthusing  them  by  his  presence.  Gen- 
eral Rutherford  now  determined  to  divide  his  force,  leaving 
on  the  south  side  of  the  river  Colonel  Robert  Smith  with  the 
mounted  infantry  and  dragoons,  some  three  hundred  in  num- 
ber; while  with  the  infantry  he  himself  should  invest  Wil- 
mington on  the  north  side.  Carrying  this  plan  into  effect, 
on  October  23d  he  crossed  the  Cape  Fear  at  Waddell's 
plantation  and  proceeded  into  New  Hanover.  Colonel  Smith 
at  once  drew  near  to  Wilmington,  had  several  brushes  with 


RUTHERFORD  ATTACKS  WILMINGTON  701 

parties  of  the  enemy,  and  found  that  some  fifty  of  the  regu-  2jf 

lars  occupied  a  brick  house  about  two  miles  from  the  town,  November 
while  a  hundred  Tories  were  encamped  at  Moore's  planta- 
tion close  by.  He  proceeded  to  attack  the  latter,  and  was  so 
favored  by  fortune  that  twelve  of  them  were  killed  outright 
and  some  thirty  wounded ;  while  on  the  part  of  the  Whigs 
neither  man  nor  horse  was  hurt.  Finding  the  brick  house*  {^"don 
well  garrisoned,  protected  by  abattis,  and  the  doors  and  win- 
dows barricaded,  Colonel  Smith  despaired  of  reducing  it 
without  heavy  loss,  and  after  a  fruitless  attack  retired  be- 
yond Livingston  Creek. 

When  Rutherford  reached  the  bridge  over  the  North- 
east River,  ten  miles  north  of  Wilmington,  he  had  a  slight 
engagement  with  a  British  garrison  established  there,  easily 
driving  them  off.  He  established  his  camp  on  the  adjacent 
sand-hills,  near  the  river  swamp,  and  cut  off  all  approach 
to  the  town  from  the  northward.  While  investing  Wilming- 
ton on  the  north  and  west  Rutherford  received  information 
that  Craig  was  obtaining  provisions  by  boats  from  Lock- 
wood's  Folly.f  He  therefore  directed  Major  Graham  to 
make  an  excursion  to  cut  off  that  source  of  supplies.  Major  j*™^ 
Graham  having  proceeded  in  that  direction,  encamped  after 
a  cold,  rainy  clay  at  Seven  Creeks,  not  far  from  the  South 
Carolina  line.  During  the  night  his  detachment  was  aroused  Graham's 
by  a  full  volley  discharged  into  their  camp  by  a  band  of  f™  am' 
Tories  under  Major  Gainey,  a  noted  partisan  of  that  section. 
The  enemy,  however,  fired  too  high,  and  only  one  of  the 
men  was  wounded.  Quickly  the  Whigs  turned  out  and  a 
night  encounter  ensued,  but  the  attacking  party  successfully 
escaped  into  the  neighboring  swamp.  The  loss  to  the  Whigs 
was  Lieutenant  Clark  killed  and  three  others  wounded.  Of 
the  Tories,  only  one  was  killed. 

On  November  17th,  while  Rutherford  was  still  hemming 

♦The  brick  house  was  still  in  existence  in  1857,  its  walls  indented 
by  balls,  within  sight  of  the  town,  on  the  rise  of  the  hill  just  beyond 
Brunswick  River,  on  the  right  of  the  Fayetteville  road  leading  over 
Eagles  Island  from  Wilmington  (McRee's  Iredell.  I,  562). 

fLockwood's  Folly,  some  ten  miles  west  of  Southport,  was  the 
scene  of  a  settlement  made  by  a  man  named  Lockwood  many  years 
before  the  permanent  settlement  of  the  Cape  Fear.  But  he  incurred 
the  enmity  of  the  Indians,  and  the  settlement  had  to  be  'abandoned. 


7o2  MARTIN'S  ADMINISTRATION,  1781-83 

U**  }n  the  British  garrison,  Light  Horse  Harry  Lee*  arrived  in 

camp  on  his  way  to  General  Greene,  bringing  the  great  news 
Oct.  19, 1781  that  on  October  19th  Cornwallis  and  his  entire  army  had 
dSEfwaiiis0    surrendered  at  Yorktown;  and  that  General  Wayne  and  a 
considerable  number  of  troops  were  marching  to  the  south  to 
aid  in  bringing  the  war  to  a  close.    With  joy  and  gladness 
the  news  was  proclaimed,  and  Rutherford  drew  up  his  army 
and  peal  after  peal  of  musketry  resounded   through    the 
neighboring  country  as  he  heralded  the  glad  tidings  in  a 
"feu  de  joie"    On  the  same  day  came  the  information  that 
Major  Craig  was  evacuating  Wilmington,  and  Rutherford 
moved  down  to  Shaw's,  four  miles  from  the  town.    The  fol- 
lowing morning,   November    18th,   all    the    British    troops 
boarded  the  vessels  which  were  then  falling  down  the  river. 
While  they  were  yet  in  sight  General  Rutherford  and  a  part 
mraaiSr   °*  *"s  trooPs  arrived  and  took  possession.    Thus  swiftly  fol- 
Nov.  18,1781  lowing  Cornwallis's  surrender,  the  last  British  soldier  was 
expelled  from  the  soil  of  North  Carolina  and  the  dominion 
of  the  enemy  was  over. 
T*»e. .  It  is  impossible  to  describe  the  enthusiasm  and  happiness 

rejoicing  r  * 

these  events  diffused  among  the  Whig  inhabitants  of  the 
State.  It  is  narrated  that  when  the  news  that  Cornwallis  was 
taken  was  announced  to  the  congress,  an  officer  of  that 
body  fell  dead  with  joy.  Throughout  the  State  there  was  a 
ifedeM,  season  of  great  rejoicing.  Even  grave  and  reverend  seignors 
563  gave  a  loose  rein  to  hilarity.     "One  reason  why  I  did  not 

come  to  Edenton  last  term,  as  I  promised,"  wrote  Judge 
Williams  to  Iredell,  "was  that  upon  the  confirmation  of  the 
news  of  the  capture  of  Cornwallis  we  were  all  so  elated  that 
the  time  elapsed  in  frolicking."  In  the  Cape  Fear  region, 
where  there  had  been  such  a  protracted  reign  of  terror,  the 
exaltation  of  the  Whigs  must  have  been  unbounded. 

*Early  in  October  General  Greene,  hoping  that  after.  Cornwallis 
should  have  been  taken  Washington  would  despatch  a  force  to  his 
aid,  sent  Colonel  Lee  to  Virginia  to  represent  the  situation  of  affairs 
in  South  Carolina.  Washington  assented  to  the  suggestion  and  pro- 
posed that  the  French  admiral  should  convey  a  detachment  under 
Lafayette  to  the  Cape  Fear;  but  eventually  the  admiral  found  it 
inconvenient  to  delay  his  departure  from  the  coast  longer,  and  the 
plan  was  abandoned.  General  Wayne,  however,  marched  some  troops 
from  Virginia  to  the  south  and  operated  in  Georgia  (Lee's  Memoirs, 
P.  5i8). 


EXCESSES  IN  WILMINGTON  703 

But  the  distresses  of  the  people  of  Wilmington  were  not  jjj 

quite  over.  They  had  grave  complaints  to  make  of  the  November 
spoliation  of  their  property  at  the  hands  of  Rutherford's 
militia,  who  appear  to  have  regarded  that  the  town  had  been 
captured  and  was  subject  to  plunder.  The  depredations 
were  inexcusable.  When  requested,  however,  guards  were 
placed  by  the  general  to  protect  the  homes  of  the  inhabi- 
tants. Such  salt  as  the  British  had  left  was  seized,  and  that 
being  insufficient  to  load  all  the  wagons,  an  additional  supply 
was  taken  from  the  storehouses  of  the  merchants,  for  that 
was  a  commodity  of  prime  necessity,  and  was  greatly 
needed  at  the  west.  When  the  army  returned  home,  as  it 
arrived  at  the  place  where  a  company  was  mustered  out,  the 
salt  was  distributed,  one  bushel  to  each  man  as  his  com- 
pensation, and  it  was  of  more  real  value  than  the  auditor's 
certificates  which  they  subsequently  received  for  their  ser- 
vices. General  Rutherford,  quiet  being  restored,  marched 
his  army  to  the  interior,  having  first  given  orders  to  Major 
Graham  to  take  all  the  dragoons  and  mounted  infantry  and 
effectually  disperse  such  Tories  as  were  still  embodied  along  S^*"'* 
the  South  Carolina  line.  374 

While  the  investment  of  Wilmington  was  in  progress,  rjmn|n  re- 
Fanning,  having  received  a  supply  of  ammunition,  toward  neW$opera- 
the  close  of  October  gathered  around  him  a  hundred  Tories 
and  renewed  his  operations  on  Deep  River.  The  Whigs, 
however,  soon  embodied  and  marched  against  him.  On  their 
approach  he  gave  them  battle,  at  first  driving  them  off, 
but  on  their  returning  to  the  attack  he  himself  retreated,  and 
made  good  his  escape.  Fearing  utter  discomfiture  if  he 
maintained  a  large  camp,  he  then  separated  his  men  into 
small  parties,  and  these  bands  passed  here  and  there  through 
the  Whig  settlements,  committing  many  depredations. 

The  Assembly  at  Salem 

The  Assembly  had  adjourned  to  meet  at  Salem  in  Novem- 
ber, and  on  the  8th  of  that  month  Colonel  Martin,  the  act- 
ing governor,  arrived,  bringing  with  him  two  companies 
of  soldiers.  General  Caswell  and  sixty-three  members  of 
the  legislature  also  appeared,  but  twenty-eight  members  of 
the  house  and  ten  members  of  the  senate  were  absent.    Two 


7°4 


MARTIN'S  ADMINISTRATION,  1781-83 


1 781 

November 


Cleweirs 

Wachovia, 

«58 


S   R 
XXII*  an 

Tories  not 
suppressed 


S.  R 
XX  lK  608 


weeks  passed  in  listless  inaction.  Then  on  the  night  of 
November  24th  the  alarming  news  was  received  that  a  large 
body  of  Tories  was  approaching  with  the  purpose  of  seizing 
the  person  of  Governor  Martin.  It  was  a  cold  November 
night,  rain  falling;  and  all  night  long  the  two  companies 
were  in  anxious  expectancy. 

However,  no  attack  was  made ;  but  the  peril  and  the  hope- 
lessness of  profiting  by  longer  delay  led  to  an  adjournment, 
and  on  November  27th,  without  having  transacted  any  busi- 
ness, the  legislature  adjourned  to  meet  again  on  Jan- 
uary 25th. 

Deep  River  was  still  the  scene  of  great  disturbance,  for 
although  Fanning  had  certain  intelligence  of  Craig's  depar- 
ture, he  and  his  lieutenants  continued  their  depredations  and 
murders,  until  at  length  on  December  10th  Colonel  Elijah 
Isaacs,  who  had  been  taken  at  Camden  and  was  Rutherford's 
companion  at  St.  Augustine,  "came  down  from  the  moun- 
tains" with  a  party  of  three  hundred  men  and  established  his 
camp  at  Coxe's  Mill,  in  the  settlement  where  the  Tory  bands 
had  their  headquarters.    For  some  weeks  he  remained  there, 
but  although  his  presence  had  some  effect,  he  was  unable  to 
entirely  suppress  the  roving  bands,  whose  appetite  for  blood 
and  plunder  seemed  insatiable.     Nor,  notwithstanding  the 
departure  of  Craig's  regulars  and  the  operations  of  General 
Rutherford,  were  the  Tories  of  the  lower  Cape  Fear  entirely 
subdued.    In  Bladen  they  still  gave  trouble.    General  Marion 
had  made  a  truce  with  Colonel  Gainey,  a  South  Carolina 
Tory,  in  June,  1781,  establishing  a  large  truce-ground  ad- 
joining Anson  and  Bladen,  in  which  the  Tories  could  live  in 
a  state  of  neutrality,  not  to  be  interfered  with,  they  under- 
taking to  commit   no  depredations.     Toward   the   end   of 
January  many  coming  from  Gainey 's  truce-land  did  much 
mischief  in  Bladen,  and  Colonel  Robeson  wrote  to  Governor 
Martin  that  the  worst  of  the  Bladen  Tories  continued  to 
stand  out  and  would  not  surrender,  "and  I  am  of  the  opinion 
won't  until  they  can  be  beaten  or  killed."     Further,  about 
a  hundred  of  these  irrepressible  sympathizers  of  the  British 
had  gone  over  to  the  truce-land,  and  were  a  menace  to  that 
part  of  North  Carolina.     Colonel  Robeson  urged  that  the 
State  regiment  should  be  stationed  on  Raft   Swamp  and 


TRIALS  FOR  TREASON  705 

Ashpolc,  as  a  means  of  repressing  them,  but  that  regiment  lj^ 

was  not  then  fully  organized,  and  was  not  sent. 

Governor  Martin's  action 

In  order  to  hasten  a  restoration  of  normal  conditions, 
Governor  Martin,  considering  that  an  end  ought  to  be  put 
to  all  hostile  operations  now  that  there  was  no  longer  any 
British  force  to  contend  with,  determined  to  enforce  the  civil 
law  while  offering  the  olive  branch  of  peace. 

He  ordered  that  special  terms  of  court  should  be  held  for 
the  trial  of  the  prisoners  in  jail,  and  such  other  criminals  as 
might  be  captured;  and  on  Christmas  day  he  issued  a 
proclamation  pardoning  all  who  had  taken  up  arms  against 
the  State  who  should  surrender  before  March  10th,  on  con- 
dition that  they  would  enlist  in  the  continental  battalions  for 
a  term  of  twelve  months;  but  such  as  had  been  guilty  of 
murder,  robbery  or  housebreaking  were  excepted  from  this 
offer. 

Those  inhabitants  who  had  taken  sides  against  their  coun- 
try  were   regarded   by   the   administration   as    mere   law- 
breakers and  amenable  to  punishment  in  the  courts.     On 
January  17th  a  session  of  the  court  was  begun  at  Hillsboro.   178a 
Four  culprits  were  arraigned  for  high  treason,  and  con- 
victed ;  one  of  them,  Thomas  Dark,  had  figured  as  a  captain  xxii\  9t0 
in  Fanning's  band,  and  was  as  enterprising  and  nearly  as 
dangerous  as  Fanning  himself.     From  his  cruelty  to  pris- 
oners, in  cutting,  hacking  and  wounding  them,  he  had  ac- 
quired among  his  followers  the  name  of  "young  Tarleton." 
At  that  term  of  the  court  Colonel  Alfred  Moore  conducted  Tories  tried 
the  prosecutions  on  behalf  of  the  State,  and  gained  great  Evicted 
reputation   for  legal  acquirements.     At  Wilmington  court 
others  were  tried  and  convicted;  and  at  the  March  term 
of    Salisbury  court   Samuel    Bryan,   John   Hampton,   and 
Nicholas  White  were  likewise  found  guilty  of  high  treason 
and  condemned  to  death.     These  men  were  the  leaders  in 
the  Tory  movement  in  June,  1780,  escaping  Rutherford  and 
joining  Major  McArthur  with  the  British  dragoons  at  An- 
son Court  House,  then  occupied  as  a  British  post.     The  '268,270 
judges   in    a   statement   made   to   the   governor   said   that 
Bryan  and  Hampton  were  generally  considered  as  very 


7o6  MARTIN'S  ADMINISTRATION,  1781-83 

f78a  honest  men;  and  it  did  not  appear  to  the  court  that  they 

had  on  their  march  through  the  State  committed  any  unusual 
violence,  there  being  no  proof  that  they  had  been  guilty  of 
any  murder,  or  house-burning,  or  even  plundering  except  for 
the  use  of  the  army.  Governor  Burke  at  once  reprieved  the 
prisoners  until  May  10th,  when  the  Assembly  might  deter- 
mine on  the  proper  course  to  pursue  with  regard  to  them, 
or  they  might  be  exchanged ;  and  as  some  of  the  people  about 
Salisbury  were  threatening  violence  against  these  prisoners, 
he  directed  Major  Lewis,  who  was  in  command  there,  to  be 
very  attentive  and  prevent  any  interference  with  them. 

The  return  of  Governor  Burke 

Toward  the  close  of  October,  Governor  Burke,  who  had 
been  held  a  close  prisoner  at  Wilmington,  was  conveyed  to 
Charleston,  and  was  at  first  confined  in  a  fort  on  Sullivan's 
Island;  but  on  November  6th  he  was  paroled  to  James 
s.  r.,  xvi.  Island,  then  infested  by  desperate  refugees,  full  of  hatred 
ijafifi*'  toward  those  who  had  expelled  them  from  their  homes. 
They  had  been  accustomed  to  murder  Whigs  without  com- 
punction, and  Governor  Burke  was  often  threatened  and 
considered  himself  every  moment  in  danger  of  assassination. 
At  length  a  party  of  revengeful  Loyalists  fired  on  a  small 
group  who  were  at  the  governor's  quarters,  killing  one  man 
on  one  side  and  wounding  another  standing  on  the  other  side 
of  him.  The  next  morning  the  governor  wrote  to  General 
Leslie  portraying  the  perils  of  his  position  and  requesting 
a  parole  within  the  American  lines,  or  that  he  might  be  re- 
moved to  a  place  of  safety.  General  Leslie  took  no  notice 
of  this  reasonable  request.  Finding  that  he  was  to  be  sacri- 
ficed to  the  rage  of  the  exasperated  Tories,  whenever  his 
assassination  could  be  effected,  and  that  he  was  not  held  as 
a  prisoner  of  war,  Governor  Burke  determined  that  he  was 
perfectly  released  from  all  obligations  to  remain  on  James 
Island.  His  situation  involved  mutual  obligations  to  which 
weaves,  General  Leslie  seemed  indifferent.  Having  resolved  to  es- 
jan.  16,178a  cape,  he  succeeded  in  doing  so  on  January  16th.  He  reached 
General  Greene's  headquarters  safely,  and  at  once  wrote 
to  General  Leslie  asking  to  be  exchanged,  and  saying  that 
he  would  return  on  parole  provided  General  Leslie  would 


BURKE  RESUMES  THE  ADMINISTRATION         707 

pledge  himself  to  treat  him  not  differently  from  the  conti-  x*te 

nental  officers.  General  Leslie  acceded  to  neither  of  these 
propositions.  At  the  end  of  January  the  governor  there- 
fore returned  to  North  Carolina. 

On  the  day  fixed  for  the  meeting  of  the  Assembly,  Gov-  cieweir* 
ernor  Martin  and  a  number  of  members  arrived  at  Salem ;  w*chov,a, 
but  a  quorum  did  not  attend.  Five  days  later,  January  30th, 
while  the  members  were  still  lingering  in  hope  of  additional 
arrivals,  Governor  Burke  unexpectedly  appeared  on  the 
scene.  At  the  election  in  March,  Colonel  Martin  would 
cease  to  be  the  speaker  of  the  senate  and  therefore  it  was 
argued  he  could  not  act  as  governor  after  that  date.  This 
consideration  induced  Governor  Burke  to  assert  his  right  to 
resume  the  administration;  and  the  next  day,  January  31st, 
Colonel  Martin  delivered  to  him  all  the  papers  in  his  pos- 
session as  governor,  and  gave  him  all  the  information  possi- 
ble about  public  matters.  As  no  quorum  appeared,  the  As- 
sembly then  adjourned. 

He  resumes  the  administration 

Entering    promptly    on    the    administration,    Governor  January  3i$t 
Burke  immediately  undertook  to  remedy  the  great  derange- 
ment of  public  affairs,  and  applied  himself  to  the  work  of 
establishing  peace  in  the  State  and  making  the  people  secure 
in  their  homes.    His  attention  was  first  given  to  the  condi- 
tion of  supplies  and  provisions  for  the  army,  and  to  the 
accounts  of  those  in  charge  of  public  property.    But  he  was 
not  unmindful  of  the  Tory  bands.    On  February  5th  he  di- 
rected General  Butler  to  send  parties  into  the  disaffected 
settlements,  for  Fanning  was  gaining  strength  and  it  was 
feared  that  he  would  seize  Butler  himself  and  other  prin- 
cipal officers.    To  form  the  nucleus  of  an  army  Burke  di-  s  r.,  xvi, 
rected  the  state  drafts  to  rendezvous  immediately  at  Hillsboro.  5°° 
Indeed  he  was  now  all  energy  and  acted  with  spirit.    Having 
ordered  Glaubeck  to  meet  him  at  Halifax,  and  Glaubeck  not 
attending,  he  at  once  put  him  under  arrest ;  and  similar  ac- 
tion was  taken  as  to  others  who  were  not  prompt  in  observ-      R    xyj 
ing  his  directions.    Calling  his  council  together,  it  was  deter-  181,  '1*96, 540 
mined  that  the  general  plan  the  governor  had  in  mind  at  the 
time  of  his  capture  should  be  now  carried  into  effect,  and  a 


708  BURKE'S  ADMINISTRATION,  1782 

f78a  strong  and  efficient  force  should  be  marched  into  the  dis- 

affected region  and  the  Tories  quieted  or  expelled  from  the 
State.  And  inasmuch  as  it  was  thought  that  the  regulations 
restricting  exportations  had  worked  to  the  injury  of  the 
State,  he  by  proclamation  gave  permission  for  the  free  and 
unlimited  exportation  of  all  commodities,  and  otherwise 
sought  to  re-establish  commerce  in  its  natural  channels. 
Some  of  those  who  had  been  convicted  of  treason  by  the 
courts  he  allowed  to  be  executed,  but  he  pardoned  others  on 
condition  that  they  should  serve  twelve  months  in  the  con- 
tinental service,  they  being  thereafter  regarded  as  citizens 
of  the  State. 

Major  Bennet  Crofton  was  the  senior  officer  of  the  state 
battalion  authorized  by  the  last  Assembly,  among  the  other 
officers  of  that  battalion  being  Captain  George  Farragut, 
a  native  of  Minorca.*  Governor  Burke  did  not  think 
Major  Crofton  equal  to  the  command  of  the  expedition 
which  he  had  in  mind,  and  so  selected  Major  Hogg  of  the 

Ih^s,™*  continentals  for  that  duty.  Major  Crofton,  however,  refused 
to  abdicate,  and  although  the  governor  placed  him  under  ar- 
rest, his  disobedience  of  orders  interfered  so  seriously  with 
the  collection  of  the  drafts  that  the  proposed  expedition  came 
to  naught. 

Fanning's  brutality 

To  the  proclamation  of  Governor  Martin  offering  pardon, 
Fanning  made  some  objections,  and  proposed  other  terms, 
saying  that  if  his  terms  were  not  agreed  on  his  sword 
would  be  continually  unsheathed,  as  he  was  determined  he 
would  not  leave  one  old  offender  alive  that  had  injured  any 
of  his  Majesty's  friends.  The  general  conduct  of  this  re- 
lentless partisan  at  this  time  is  well  illustrated  by  some  ex- 
tracts from  his  diary :  "We  wounded  two  of  them  mortally 
and  several  slightly.  .  .  .  The  day  following  we  pursued  them 
to  Cumberland  County,  and  on  my  way  I  burned  Captain 
Coxe's  house  and  his  father's.  On  my  return  to  Little 
River,  .  . .  fell  in  with  one  of  Captain  Golson's  men  who  had 
been  very  assiduous  in  assisting  the  rebels.  I  killed  him  .  .  / 
And  I  went  with  a  design  of  burning  Captain  Golson's 

♦Afterward  the  father  of  Admiral  David  Glasgow  Farragut 


DAVID  FANNING 


709 


house,  which  I  did,  and  also  two  others.  In  my  way  I  fell 
in  with  a  man,  .  .  .  and  on  observing  me  that  day  he  at- 
tempted to  escape,  but  I  shot  him."  Pending  negotiations, 
however,  Fanning  remained  more  quiet;  and  eventually  in 
February  he  and  his  officers  made  a  proposition  for  a  truce 
to  last  at  least  six  months,  and  not  to  exceed  twelve,  similar 
in  terms  to  the  truce  granted  to  Colonel  Gainey  in  South 
Carolina  by  Marion  the  preceding  June:  the  truce-land  to 
be  from  Cumberland  County  twenty  miles  north  and  south, 
and  thirty  east  and  west,  to  be  kept  totally  clear  of  light 
horse.  Every  man  who  had  been  in  arms  in  behalf  of  the 
British  Government  was  to  have  a  right  to  withdraw  him- 
self into  that  district,  and  to  have  free  trade  with  any  port, 
but  not  to  carry  arms. 

After  making  his  proposition  for  a  truce,  for  a  time  Fan- 
ning remained  passive ;  but  having  heard  of  the  execution  of 
some  of  his  men  under  the  sentence  of  the  court,  he  could 
control  himself  no  longer,  and  wrote  to  the  governor:  "I 
understand  that  you  have  hung  three  of  my  men,  and  have  a 
captain  and  six  men  under  sentence.  If  the  effusion  of  blood 
is  not  stopped  and  the  lives  of  these  men  saved,  I  will  retal- 
iate, blood  for  blood,  and  tenfold  for  one;  and  there  shall 
never  an  officer  or  private  of  the  rebel  party  escape  that  falls 
into  my  hands  hereafter,  but  they  shall  suffer  the  pain  and 
punishment  of  instant  death.  If  my  request  is  not  granted 
by  March  8th,  I  shall  fall  upon  the  severest  and  most  inhu- 
man terms  imaginable."  March  8th  came  and  his  proposi- 
tion for  a  truce-ground  had  not  been  agreed  to ;  and,  more- 
over, he  had  heard  that  Colonel  Balfour,  of  Randolph 
County,  had  said  that  there  should  be  no  "resting  place  for 
a  Tory's  foot  on  the  face  of  the  earth."  This  excited  his  ire, 
and,  accepting  the  challenge,  he  wreaked  a  fearful  vengeance. 
Having  equipped  a  party,  he  set  out  for  Balfour's  plantation. 
Margaret  Balfour,  the  colonel's  sister,  has  preserved  an  ac- 
count of  that  affair:  "On  March  10th,"  she  wrote,  "about 
twenty-five  armed  ruffians  came  to  the  house  with  the  inten- 
tion to  kill  my  brother.  Tibbie  and  I  endeavored  to  prevent 
them,  but  it  was  all  in  vain.  The  wretches  cut  and  bruised 
us  both  a  great  deal,  and  dragged  us  from  the  dear  man. 
Then  before  our  eves  the  worthless,  base,   horrible  Fan- 


178a 

S    R 
XXli',ai3 

Negotia- 
tions with 
Fanning, 
Feb.,  1782 


Balfour 
killed. 
Mar.  10,178a 


Hiop.  Hist. 
N.  C,  II,i8 


710  BURKE'S  ADMINISTRATION,  1782 

»782  ning  shot  a  bullet  into  his  head,  which  soon  put  a  period  to 

March  the  life  of  the  best  of  men  and  most  affectionate  and  duti- 

ful husband,  father,  son  and  brother.     The   sight  was  so 
shocking  that  it  is  impossible  for  tongue  to  express  any- 
thing like  our  feelings ;  but  the  barbarians,  not  in  the  least 
touched  by  our  anguish,  drove  us  out  of  the  house,  and  took 
everything  they  could  carry  off,  except  the  negroes,  who 
£tncheni     happened  to  be  all  from  home  at  the  time."     Fanning,  de- 
tailing the  adventures  of  that  raid,  writes  in  his  diary :  "We 
also  wounded  another  of  his  men.     We  then  proceeded  to 
their  colonel's   (Collier),  belonging  to  the  said   county  of 
Randolph.    On  our  way  we  burned  several  rebels'  houses, 
and  catched  several  prisoners.  ...  It  was  late  before  we  got 
to  Collier's.    He  made  his  escape,  having  received  three  balls 
through  his  shirt.    But  I  took  care  to  destroy  the  whole  of 
his  plantation.   I  then  .  . .  came  to  one  Captain  John  Bryan's. 
...  I  told  him  that  if  he  would  come  out  of  the  house,  I 
would  give  him  parole,  which  he  refused.  .  .  .  With  that  I 
immediately  ordered  the  house  to  be  set  on  fire.  ...  As  soon 
as  he  saw  the  flames  increasing,  he  called  out  to  me,  and 
desired  me  to  spare  his  house  for  his  wife's  and  children's 
sake,  and  he  would  walk  out  with  his  arms  in  his  hands. 
I  immediately  answered  him  that  if  he  walked  out  his  house 
should  be  saved  for  his  wife  and  children.  When  he  came 
out  he  said,  'Here,  damn  you,  here  I  am.'    With  that  he  re- 
ceived two  balls  through  his  body.    He  came  out  with  his 
gun  cocked  and  his  sword  at  the  same  time.  ...  I  proceeded 
on  to  one  Major  Dugin's  house,  and  destroyed  all  his  prop- 
erty, and  all  the  rebel  officers'  property  for  a  distance  of 
forty  miles." 

Such  were  some  of  the  scenes  of  the  barbarous  warfare, 
waged  even  after  the  surrender  of  Cornwallis,  in  the  Deep 
River  region. 

Progress  of  events 
178a  A  new  election  occurred  in  March,  and  the  Assembly  con- 

vened at  Hillsboro  on  April  13th.  Conditions  had  greatly 
changed.  The  surrender  of  Cornwallis,  the  successes  of 
Greene,  and  the  departure  of  Craig,  put  a  new  aspect  on  the 
face  of  affairs.     The  end  of  the  long  struggle  was  now  in 


EFFORTS  FOR  PEACE  711 

sight.    Indeed,  although  then  unknown  in  America,  Parlia-  J-Jf 

ment  had  declared  for  peace.    On  February  27,  1782,  it  was  f^j^JJ1 
moved  and  carried  in  the  British  House  of  Commons  that  the  king 
the  war  ought  to  cease.    The  king,  however,  was  not  of  that 
mind.    He  was  still  eager  to  press  hostilities  notwithstand- 
ing the  apparent  hopelessness  of  victory,  and  his  answer  to 
the  address  of  the  House  was  so  unsatisfactory  that  on 
March  4th  that  body  solemnly  resolved  that  "it  would  con- 
sider as  enemies  to  the  king  and  to  the  country  all  who 
should  advise  a  further  prosecution  of  the  war."    This  lan- 
guage could  not  be  misunderstood.    Sullenly  and  reluctantly 
George  III  yielded  when  he  could  contest  no  further.    Lord 
North  resigned,  the  ministry  was  changed,  and  Rocking- 
ham came  into  power  on  the  principles  of  a  restoration  of 
peace.    Unhappily  he  soon  died,  but  his  policy  had  prevailed, 
and  now  it  was  only  a  matter  of  negotiation.     His  atti-  h£nking* 
tude  toward  the  colonies  struggling  for  independence  had  NortJT1111 
been  so  humane  and  based  on  such  high  principles,  that  three  Caro"n* 
years  after  his  death  North  Carolina  erected  a  memorial  in 
his  honor  by  creating  a  new  county  and  bestowing  upon  it 
his  name. 

But  while  it  seemed  that  the  victory  had  been  won,  North 
Carolina  did  not  abate  her  efforts  to  maintain  an  army  in  the 
field  so  long  as  any  British  troops  remained  on  the  borders 
of  the  State. 

Indeed  both  General  Washington  and  the  Continental 
Congress  apprehended  from  information  received  from  Eu- 
rope that  King  George  was  seeking  to  form  foreign  alliances, 
and  would  again  prosecute  an  active  campaign;  and  great 
pressure  was  made  on  the  State  to  fill  up  her  continental  bat-  toSThen' 
talions.  Moreover,  General  Greene  gave  alarming  intelli- 
gence that  a  force  consisting  of  four  vessels  was  preparing 
in  Charleston  to  plunder  and  destroy  the  town  of  Beaufort, 
where  there  was  a  large  quantity  of  public  and  private 
stores,  and  then  perhaps  intending  to  enter  the  sound  and 
take  New  Bern  and  Edenton.  Apprehensions  of  this  in- 
vasion led  to  renewed  activity ;  and  Governor  Burke  ordered 
General  Caswell  and  General  Jones  each  to  raise  five  hun- 
dred men  and  protect  the  coast. 


7i2  BURKES  ADMINISTRATION,  1782 

178a  Besides,  in  March  the  Tories  to  the  southward  gave  signs 

Man.h  of  renewed  hostility.    They  embodied  to  the  number  of  five 

s.  r.,  xvi,   hundred,  and  were  very  bold.    They  threatened  to  march  on 
553  Wilmington,  and  it  was  supposed  that  their  purpose  was  to 

plunder  the  inhabitants  of  that  town.  The  Whigs  quickly 
embodied,  and  Colonel  Kenan  hastened  with  the  Duplin 
militia  to  the  aid  of  Colonel  Robeson,  and  together  they  con- 
fronted the  hostile  malcontents.  It  developed,  however, 
that  the  object  of  the  Tories  was  merely  to  possess  them- 
selves of  some  vessels  in  the  river  and  make  their  escape 
from  the  country.  Defeated  in  their  purpose,  they  retired  to 
the  truce-ground  in  South  Carolina,  and  this  was  the  last  of 
their  formidable  demonstrations  in  that  quarter. 

Further  in  the  interior  Fanning  continued  his  operations, 
fie*"'  XV1,  an<^  was  irrepressible.  Indeed  his  audacity  was  such  a  men- 
ace that  Governor  Burke  deemed  it  necessary  to  have  a  party 
of  both  horse  and  foot  at  Hillsboro  to  secure  the  safety  of 
the  Assembly  when  it  should  meet.  When  the  Assembly 
convened,  it  was  therefore  protected  by  a  military  force  un- 
der the  command  of  Major  McCauley.  Quietude  reigned 
until  April  30th,  when  a  report  gained  credence  that  the  fear- 
ful Fanning  was  approaching,  and  the  members  and  the  gov- 
ernor thought  themselves  in  danger  of  being  carried  off  into 
captivity.  In  the  emergency  the  members  took  arms  and 
_     .  bravclv  paraded ;  but  happily  the  alarm  was  without  founda- 

Fanmng  .  *    *  .  r  l  r      ...  .  ,  , 

departs,        tion,  and  the  session  of  the  Assembly  was  not  interrupted  by 
ay* ,7  2     any  untoward  event.     Fanning's  proposition   for   a  truce 
land  was  rejected  by  the  Assembly,  and  in  May  he  deter- 
mined to  abandon  the  contest  and  leave  the  State.    He  mar- 
ried a  girl  on  Deep  River,  whose  father  had  been  useful  to 
him  when  in  distress,  and  found  a  refuge  in  the  truce  land 
in  South  Carolina.* 
s.  r.,  xvi,       As  the  election  for  governor  was  coming  on,  Colonel  Mar- 
534  tin  began  to  court  popularity  with  great  avidity.    Burke  had 

gained  popular  favor  the  preceding  year  by  the  stand  he  had 
taken  against  the  excesses  of  forage  masters  and  those  im- 

*In  June  this  redoubtable  partisan  leader,  whose  boldness,  enter- 
prise and  resolution,  had  he  been  on  the  patriot  side,  would  have 
ranked  him  high  in  American  annals,  made  his  way  to  Charleston, 
and  later  he  passed  some  time  in  Florida,  but  eventually  settled  in 
Nova  Scotia,  where  he  lived  to  a  green  old  age. 


MARTIN  DEFEATS  BURKE  7*3 

pressing  and  seizing  provisions  for  the  army;  now  Martin  ^ 

sought  popularity  by  a  severe  attitude  toward  disaffected  APril 
persons.    Governor  Burke  apparently  desired  a  re-election.   b«^« 
Major  McCauley  was  a  friend  of  the  governor's,  and  on  re-election 
Sunday  morning,  April.  14th,  he  visited  the  different  rooms 
occupied  by  the  members  of  the  Assembly,  and  gathered 
from  their  conversation  their  views  about  the  approaching 
election.    He  reported  to  the  governor  that  Samuel  Johns- 
ton, William  Sharpe,  and  Colonel  Martin,  as  well  as  him-  s  R   XVI 
self,  were  much  talked  of ;  but  that  he  was  supposed  to  be  593 
still  under  parole,  and  that  the  way  he  had  left  Charleston 
was  much  debated.    However,  he  said :  "Your  friends  are 
very  steadfast,  and  with  a  little  of  your  assistance  when  a 
house  is  made  I  doubt  not  but  to  have  success/' 

But  Burke  saw  that  sentiment  was  against  him.  He  Alexander 
ceased  his  efforts  to  secure  the  election,  and  when  the  As-  chSen 
sembly  was  organized,  in  an  elaborate  address  he  referred 
to  his  financial  embarrassment  and  the  necessity  he  was 
under  of  devoting  his  attention  exclusively  to  his  private 
affairs.  However,  doubtless  with  the  hope  of  softening  the 
adverse  opinion  that  prevailed  because  of  his  breach  of  his 
parole  of  honor,  he  laid  before  the  Assembly  all  the  corre- 
spondence relative  to  his  flight  from  Charleston.  Although 
some  steadfast  friends  still  adhered  to  him,  he  was  not  a 
candidate  for  the  office.  Samuel  Johnston,  William  Sharpe, 
and  John  Williams  were  among  those  voted  for,  but  Colonel 
Alexander  Martin,  who  had  so  recently  been  the  acting  gov- 
ernor, won  the  prize. 

On  being  elected  governor,  Colonel  Martin  on  April  22d  s.  r.,  xvi, 
made  a  spirited  address  to  the  Assembly,  declaring  that  *"  *97 
"British  pride,  long  supported  by  riches  and  power,  late 
drunk  with  the  idea  of  conquest  of  these  states,  with  reluc- 
tance at  last  must  bend  to  superior  force."  But  he  called 
on  the  Assembly  to  maintain  the  army,  and  be  prepared  for 
any  emergency.  He  recommended  mercy  to  those  citizens 
who  having  been  in  revolt  had  surrendered  themselves  to 
the  justice  of  the  State;  and  in  particular  he  said :  "The  edu- 
cation of  your  youth  demands  your  serious  attention ;  savage 
manners  are  ever  attendant  on  ignorance,  which,  without 
correction  in  time,  will  sap  the  foundation  of  civil  govern- 


7H 


MARTIN'S  ADMINISTRATION,  1781-83 


v*9  ment.     Those  states  who  want  knowledge  and  wisdom  in 

April  their  councils  have  generally  fallen  a  prey  to  their  wiser 

neighbors,  or  require  their  guardianship.  This  will  never 
be  our  fate  while  those  seminaries  of  learning  now  estab- 
lished be  further  supported  by  your  authority,  and  others 
created  when  they  are  wanting."  Although  not  the  father 
of  the  university,  he  broke  ground  in  favor  of  education 
before  the  echoes  of  the  war  had  even  subsided. 


Courts  of 
Equity 


S.  R.. 
XXIV,  441 


S  R 

XXIV,  474 


The 

Moravians 


New  legislation 

The  Assembly  now  proposed  to  carry  into  effect  its  pur- 
pose of  establishing  a  permanent  seat  of  government  near 
the  centre  of  the  State,  and  resolved  that  thereafter  the  legis- 
lature should  always  hold  its  sessions  at  Hillsboro;  but  a 
year  later  this  action  was  annulled.  The  pahce  at  New 
Bern  was  directed  to  be  repaired,  rented  out,  or  sold. 

When  the  superior  courts  were  established  in  1777,  equity 
jurisdiction  was  denied  to  the  judges  on  the  ground  that  all 
issues  of  fact  should  be  tried  by  a  jury.  Session  after  ses- 
sion the  lawyers  combated  this  view  and  urged  that  the 
judges  should  have  the  powers  of  a  chancellor,  and  now  at 
the  end  of  the  war  this  change  was  made,  and  the  title  of 
the  courts  became  "Superior  Courts  of  Law  and  Equity." 
A  new  judicial  district  was  created,  embracing  Washington 
and  Sullivan  counties  across  the  mountains,  and  Lincoln, 
Burke,  and  Wilkes  on  the  eastern  side ;  and  while  terms  of 
court  were  to  be  held  at  Morganton,  two  sessions  a  year 
were  directed  to  be  held  west  of  the  mountains. 

Because  of  the  impoverished  condition  of  the  people  in 
the  Wilmington  district,  who  had  suffered  so  much  from  the 
depredations  of  the  Loyalists,  those  inhabitants  of  that  sec- 
tion who  should  be  excused  by  the  county  commissioners 
were  exempt  from  the  payment  of  taxes ;  and  the  residents  of 
Bladen  were  required  under  penalty  of  fine  to  carry  with 
them  their  arms  and  six  rounds  of  ammunition  whenever 
they  attended  courts  or  elections  or  any  public  meeting,  for 
the  Tories  were  not  yet  entirely  subdued  in  that  region. 

The  Moravians  had  been  fearful  that  their  lands  would  be 
regarded  as  subject  to  the  confiscation  acts.  In  1778  they 
applied    for  some   alteration   in   the    form   of   the   oath   of 


READJUSTMENT-  715 


allegiance,  and  that  they  might  on  the  payment  of  the  regu-  lj^ 

lar  tax  be  exempt  from  military  service.  At  first  their  re- 
quest was  not  favorably  considered,  and  without  some  relief, 
under  the  orders  of  the  court  of  Surry  County,  they  would 
have  been  compelled  to  abandon  their  homes  in  sixty  days 
should  they  further  delay  taking  the  prescribed  oath. 
Mr.  Hooper  befriended  them  when  all  seemed  dark  in  the 
Assembly,  and  satisfactory  legislation  was  obtained.  Still 
doubts  were  entertained  lest  their  lands  were  subject  to  the 
confiscation  act,  and  at  this  session  all  uncertainties  were 
finally  removed. 


April,  178a 


The  depreciation  of  the  currency 

The  public  accounts  being  in  great  confusion,  the  office  of 
Comptroller  of  Accounts  was  created,  and  Richard  Caswell 
undertook  its  duties.  The  depreciation  of  currency  was  such 
that  while  in  December,  1778,  the  decline  in  value  was  only 
5  per  cent.,  a  year  later  it  was  30  per  cent.  During  the  fol- 
lowing year  it  went  by  leaps  and  bounds,  until  in  December, 
1780,  it  fell  200  per  cent.,  and  the  next  December  its  value 
had  declined  725  per  cent.  No  greater  depreciation  than 
800  per  cent,  was,  however,  recognized  by  the  Assembly. 
The  value  of  a  Spanish  milled  dollar  was  fixed  at  8  shillings, 
making  a  shilling  in  North  Carolina  \2l/2  cts.  A  tax  was  s.  r .. 
laid  by  the  Assembly  of  one  penny  on  the  pound  of  value  438,485 
of  all  property  embracing  land  and  negroes ;  but  two-thirds 
of  this  tax  could  be  paid  in  commodities.  Quakers  and  other 
non-combatants  were,  however,  subjected,  as  they  had  been 
during  the  war,  to  a  threefold  taxation.  Inasmuch  as  there  Mayi  I?8a 
were  many  worthy  citizens  of  the  State  still  confined  on 
prison  ships  and  suffering  the  most  cruel  hardships,  the 
legislature  directed  the  governor  to  send  Samuel  Bryan  and  Tor5es 
others  under  sentence  of  death  to  be  exchanged  for  militia  «>"hansed 
officers  of  similar  rank,  and  that  he  should  cause  a  sufficient 
number  of  Tories  to  be  sent  on  to  General  Greene's  camp 
to  be  exchanged  for  the  citizens  held  by  the  British,  send- 
ing also  the  wives  and  families  of  the  Tories ;  and  the  gov- 
ernor was  directed  to  continue  to  do  this  from  time  to  time. 
And  if  General  Leslie  would  not  carry  out  in  good  faith 


7i6  MARTIN'S  ADMINISTRATION,  1781-83 

«78a  this  proposition,  the  treason  laws  of  the  State  were  to  be 

rigidly  enforced. 

^J^    a  The  Assembly  addressed  itself  to  giving  effect  to  its  con- 

fiscation acts,  and  appointed  commissioners  to  sell  the  prop- 
erty of  those  who  had  adhered  to  the  enemies  of  the  State. 
Provision,  however,  was  made  for  unfortunate  families,  and 
where  a  wife  or  widow  or  children  of  a  Tory  remained  in 
the  State,  the  county  courts  were  directed  to  set  aside  so 
much  property,  both  real  and  personal,  as  would  provide 
them  adequate  support. 

The  Continental  Line 

On  March  30th  a  board  of  officers  of  the  North  Carolina 
line  had  held  a  meeting  to  arrange  the  continental  officers  of 
the  State  to  command  the  four  continental  battalions  which 

1783  had  been  provided  for.    Thomas  Clark  was  assigned  to  com- 

mand the  First  Battalion;  Colonel  John  Patten  the  Second; 
Lieutenant-Colonel  Selby  Harney  the  Third,  and  Lieutenant- 
Colonel  Archibald  Lytle  the  Fourth.  There  were  ninety- 
six  officers  embraced  in  this  arrangement.  Some,  Colonel 
James  Armstrong,  Colonel  James  Thackston,  and  Captain 
Francis  Childs,  were  allowed  to  retire  on  half  pay.  The 
Assembly  approved  of  this  arrangement,  and  the  officers 
took  the  commands  assigned  them. 

While  under  the  exchange  many  officers  as  well  as  men 
were  returned  to  duty,  yet  as  late  as  November  Colonel 
Clark,  Major  Nelson,  six  captains  and  eight  lieutenants  of 
the  North  Carolina  line  were  still  unexchanged,  although 
paroled. 

xx1! v  ^e  Assembly  was  not  indifferent  to  the  hardships  endured 

419-4"  by  the  soldiers,  and  took  measures  for  their  relief ;  while  in 
order  to  manifest  its  appreciation  of  their  patriotic  service, 
it  granted  to  every  soldier  who  should  continue  in  the  ranks 
until  the  end  of  the  war  640  acres  of  land,  and  to  every 
officer  a  larger  quantity  according  to  his  rank,  a  colonel  re- 
ceiving 7200  acres;  a  brigadier,  12,000  acres,  while  to  Gen- 
eral Greene  was  given  25,000  acres.  This  land  was  set  aside 
for  the  soldiers  in  the  wilds  beyond  the  mountains,  now  in 

The  Indians  the  State  of  Tennessee. 

hMtiiities  T'ie  Indians  had  long  been  quiet,  and  General  Greene 


CHEROKEES  AND  TORIES  717 

on  taking  command  of  the  Southern  army  had  made  a  par-  lJ^ 

ticular  treaty  with  them  to  preserve  their  neutrality,  but  now, 
although  the  British  cause  no  longer  wore  a  hopeful  out- 
look, they  were  suddenly  inflamed  to  renew  hostilities.  They 
were  active  in  Georgia  and  in  South  Carolina,  and  against 
the  inhabitants  of  Washington  County,  where,  under  the  di- 
rection of  the  legislature,  lands  intended  for  the  soldiers  were 
to  be  located.  In  July  Martin  Armstrong  wrote :  "The  In-  f;7R"'  XV1, 
dians  are  very  troublesome  in  this  side  of  our  new  county." 
Colonel  Crawford  with  four  hundred  and  eighty  men  was 
totally  defeated  by  them,  aided  by  the  British  Tories. 

A  year  later,  in  August,  1783,  Governor  Martin,  under- 
standing that  there  were  still  some  Cherokee  prisoners  held 
in  Rutherford  and  Lincoln  counties,  directed  General  Mc- 
Dowell to  have  them  given  up  to  Colonel  Joseph  Martin,  in 
command  across  the  mountains,  that  he  might  send  them  to 
the  Indian  nation  in  exchange  for  the  white  prisoners  the 
Indians  held. 

Nor  were  the  Tories  pacified ;  even  in  October  they  made 
a  demonstration  in  Bladen.  When  the  judges  issued  war- 
rants against  some  rioters  in  that  county  they  threatened  to 
disturb  the  court,  and  Governor  Martin  felt  that  the  menace 
was  so  great  as  to  require  General  Lillington  to  protect  the 
court  with  his  militia. 

After  the  battle  of  Etitaw,  on  September  8th,  the  British   ['™£al 
commander,  Colonel  Stuart,  took  post  at  Monk's  Corner,  and  chiri^ton 
Greene  on  the  high  hills  of  the  Santee.     Lord  Rawdon,  having  178a 
previously  sailed  for  Europe,  General  Leslie,  then  serving  in 
Virginia,  was  appointed  by  Cornwallis  to  command  in  the 
Carolinas,  and  he  soon  made  his  headquarters  at  Charleston.  ' 
Although  there  were  some  slight  conflicts,  a  period  of  inac- 
tivity set  in  between  the  contending  armies.     Greene  took 
post  at  Camp  Round  O,  on  the  Edisto,  about  forty  miles 
from  Charleston,  hemming  the  British  in  to  the  coast.    In  the 
spring  of  1782  General  Leslie  proposed  a  cessation  of  hos- 
tilities, which,  however,  was  not  agreed  to.     Not  supplied 
with  provisions  from  abroad,  Leslie  was  forced,  in  order  to 
relieve  the  distress  of  his  troops,  to  forage  on  the  country  as 
far  as  he  could  make  incursions,  but  his  field  of  operations 
was  so  restricted  that  only  an  insufficient  supply  could  be  ob- 


7i8  MARTIN'S  ADMINISTRATION,  1781-83 

»j8a  tained.     His  troops  suffered  severely,  and  so  did  those  in 

the  Whig  camp, 
adorable  Indeed,  the  condition  of  the  army  in  South  Carolina  was 

condition  of  deplorable.  No  clothing  or  provisions  could  be  obtained 
from  Virginia  or  Maryland,  while  South  Carolina  was  ut- 
s.  rm  xvi,  terly  unable  to  supply  their  necessities.  North  Carolina  was 
518,634,645,  t^ejr  on|v  resource#  Colonel  Dixon  reported  to  General 
Sumner  in  February  that  "some  of  our  officers  are  so  bare 
of  clothes  that  they  cannot  mount  guard  or  keep  company 
with  decency.,,  On  May  15th  Colonel  Murfree  wrote  that 
the  men  were  almost  naked,  and  a  great  many  were  returned 
not  fit  for  duty  for  want  of  clothes.  Officers  felt  compelled 
to  resign  because  they  could  get  no  pay  and  could  not  live. 
The  legislature  having  taken  steps  to  keep  the  ranks  of 
the  battalions  filled,  all  during  the  year  drafts  were  being 
collected  and  sent  forward.  General  Greene  had  urgently 
requested  that  at  least  three  thousand  head  of  cattle  should 
be  sent  to  camp,  together  with  some  rum  and  salt,  for  the 
army  was  in  great  distress  for  the  want  of  these  neces- 
saries. And  in  August  Governor  Martin  wrote  to  General 
Bryan,  the  superintendent-commissary  for  the  New  Bern 
district,  that  General  Greene  is  still  in  great  distress  for  beef. 
44 Must  General  Greene/'  said  he,  "retreat  before  a  conquered 
and  despairing  enemy,  abandon  all  his  conquest,  give  up 
s.^r.,  xvi,  South  Carolina  for  the  want  of  food,  and  return  to  this 
State  ?  .  .  .  Rather  than  he  should  be  compelled  to  this  alter- 
native, which  would  disgrace  the  State  to  eternity,  I  would 
through  all  opposition  drive  to  him  everything  in  the  shape 
of  a  cow  or  steer"  to  be  found  in  North  Carolina.  Truly, 
the  situation  of  the  army  at  that  period  was  most  distressing ; 
not  merely  were  the  troops  ragged  and  without  decent  cloth- 
ing, but  subsistence  was  scarce,  and  their  deprivations  exces- 
sive and  heartrending.  . 

All  during  the  summer  the  opposing  forces  in  South 
Carolina  watched  each  other,  waiting  for  some  development. 
At  length,  in  August,  General  Leslie  announced  in  general 
orders  his  intention  of  evacuating  Charleston.  To  stop  the 
further  effusion  of  blood,  he  addressed  General  Greene,  ask- 
ing permission  to  purchase  from  the  country  such  supplies  as 
mi^ht  be  furnished  him  until  he  should  be  readv  to  sail.     As 


NORTH  CAROLINA'S  QUOTA  719 

desirable  as  this  practical  suspension  of  hostilities  was  for  J&? 

the  advantage  of  the  naked  and  destitute  American  soldiers, 

General  Greene  felt  constrained  to  refuse  the  accommodation. 

How  deplorable  was  the  situation  of  the  army  was  portrayed   Lee*. 

by  General  Greene  in  a  report:  "For  upward  of  two  months  JJa1"0'"' 

more  than  one-third  of  our  army  was  naked,  with  nothing 

but  a  breech-cloth  about  them,  and  never  came  out  of  their  Sl^^f1 

tents.  .  .   .  Our  condition  was  little  better  in  the  articles  of 

provision."    In  September  the  preparations  for  evacuation 

were  apparent ;  but  autumn  passed  without  action,  and  it  was 

not  until  December  14th  that  the  British,  having  embarked,  Dec.  x4, 

took  their  departure.    General  Greene  with  his  continentals  x?8a 

at  once  occupied  the  city,  which  the  next  day  was  restored 

to  the  civil  authorities. 

The  number  of  troops  furnished  by  North  Carolina 

It  is  impossible  to  ascertain  with  entire  accuracy  the  num- 
ber pi  North  Carolinians  who  were  in  the  field  during  the 
war  for  independence.  There  were  originally  six  battalions 
of  continentals  of  500  men  each,  and  later  the  battalions  of 
Colonel  Hogun,  of  Williams,  and  Sheppard  marched  to  the 
north,  so  that  4500  continentals  might  be  computed  for 
these.  There  was  Vance's  artillery  company  and  Dickinson 
and  Ashe's  cavalry,  and  Phifer's  cavalry,  numbering  about 
400.  In  the  spring  of  1779  there  was  a  battalion  of  conti- 
nentals with  Lincoln  and  in  the  fall  General  Sumner  had  a 
brigade  of  new  continentals  in  South  Carolina,  altogether 
1500.  All  these  disappeared  on  the  surrender  of  Lincoln. 
Major  Eaton's  battalion  in  the  early  summer  of  1781  num- 
bered about  400;  Sumner's  brigade  at  Eutaw  Springs,  1000. 
The  returns  of  this  brigade  in  April,  1782,  showed  1000  on 
the  roll.  The  Assembly  of  April,  1782,  directed  that  every 
thirtieth  man  in  the  State  should  be  drafted  for  eighteen 
months  to  fill  up  this  brigade,  and  these  drafts  were  being 
sent  forward  in  May  and  later.  They  were  calculated  to 
raise  2000  men,  and  even  in  September  selections  from  the 
militia  were  being  made  to  complete  these  drafts,  so  that 
probably  1000  new  men  became  continentals  after  the 
summer  of  1782.  These  figures  aggregate  8800  continen- 
tals.    On  the  reorganization,  in   1781,  the  new  battalions 


720  MARTIN'S  ADMINISTRATION,  1781-83 

'783  were  numbered  the  First,  Second,  Third,  and  Fourth,  the 

former  ones  having  been  obliterated. 

There  were  originally  3000  six-months'  minute  men :  500 
militia  marched  in  the  "Snow  campaign" ;  1500  with  Ruther- 
ford against  the  Cherokees.  Colonel  Williams  had  300  with 
the  Virginia  troops  at  the  same  time.  There  were  probably 
3000  militia  besides  minute  men  and  continentals  on  the 
Cape  Fear  in  the  Moore's  Creek  campaign,  and  in  May, 
when  the  British  fleet  was  in  the  harbor;  for  it  is  stated 
that  the  number  of  troops  in  arms  at  that  time  was  9400. 
In  the  fall  of  1776  General  Allen  Jones's  brigade  was  in 
South  Carolina,  numbering,  say,  600.  General  Rutherford 
carried  700  and  Ashe  2000  to  the  aid  of  General  Lincoln; 
to  take  their  place,  Butler  carried  700  to  Lincoln  in  June. 
Early  in  1780  Lillington  carried,  say,  800  to  Charleston, 
where  Colonel  Lytle  already  had  a  detachment  of  two  regi- 
ments, numbering  perhaps  400.  A  thousand  North  Carolina 
militia  were  surrendered  by  Lincoln.  General  William  Cas- 
well marched  to  the  relief  of  Charleston  with  800.  At  Cam- 
den, under  Richard  Caswell,  there  were  1600.  In  June  General 
Rutherford  had  his  brigade  of,  say,  800  and  Davie,  say,  200. 
The  First  Brigade  commanded  by  Sumner,  three  regiments, 
800;  Butler's  brigade,  assigned  to  Sumner,  800;  Harrington, 
450;  the  North  Carolina  detachments  at  King's  Mountain, 
1000;  General  Gregory,  in  defence  of  the  Albemarle  section, 
600;  with  Morgan  at  Cowpens,  300;  Davidson's  brigade, 
after  his  death  commanded  by  Pickens,  700;  Lillington, 
near  Wilmington,  600 ;  Eaton's  brigade  and  Butler's,  at  Guil- 
ford Court  House,  1600;  Colonel  Kenan,  400;  General  Cas- 
well, 150;  General  Lillington,  in  August,  600;  Colonel  Haw- 
kins's cavalry,  150;  Wade,  Brown,  Robeson,  800;  Malmedy, 
at  Eutaw  Springs,  600;  Rutherford,  Butler,  Smith,  and 
Graham,  in  October,  1200;  Colonel  Isaacs,  300;  State  troops, 
500;  sailors  and  companies  stationed  at  the  forts  on  the 
coast,  600.  These  aggregate  27,800.  Certainly  there  were 
many  duplications;  how  many  is  a  mere  matter  of  conjec- 
ture. It  is  to  be  remembered  that  the  inhabitants  of  the 
State  were  divided  into  militia  companies,  and  these  com- 
panies into  five  classes,  and  when  a  draft  of  militia  was  made 
for  three  months,  the  regular  term,  one  of  these  classes  only 


NORTH  CAROLINA'S  QUOTA  721 

was  embraced  in  the  draft,  until  all  the  five  drafts,  being  all  i£* 

the  militia,  had  been  called  out  into  service,  so  that  the  error 
of  duplication  is  largely  minimized.  Indeed,  first  and 
last  it  would  seem  that  every  man,  not  a  Tory,  in  the 
State  capable  of  bearing  arms  was  at  one  time  or  another 
called  into  active  service,  although  for  only  one  tour  of  duty. 
It  has  been  computed  that  there  were  22,000  different  names 
on  the  muster  rolls  of  the  North  Carolina  troops.  Prob- 
ably that  is  a  correct  statement.  Were  there  no  duplica- 
tions the  number  would  be  36,600. 

Except  in  the  territory  where  the  Highlanders  and  the  Regu- 
lators resided,  and  in  Tryon  County,  there  was  but  little  dis- 
affection. In  Bladen  fifteen  companies  of  the  militia  out  of 
eighteen  were  inclined  to  the  British;  in  Cumberland  and 
Anson,  at  least  one-half  of  the  people  were  disaffected,  and 
similarly  in  the  Deep  River  country.  Elsewhere  the  propor- 
tion was  not  near  so  great. 

On  January  29,  1783,  Captain  Eve  brought  the  ship  The  capture 
Dawes,  bound  from  Jamaica  to  New  York,  which  was  still  Montligue 
held  by  the  British,  into  Wilmington.  Lord  Charles  Mon-  f4*'  XVI' 
tague,  lieutenant-colonel  of  a  British  regiment,  Captain  Mon- 
tague, and  four  or  five  other  British  officers  had  taken  pas- 
sage for  New  York.  When  well  at  sea,  Captain  Eve  in- 
formed these  officers  that  they  must  consider  themselves  his 
prisoners,  and  he  brought  them  into  the  Cape  Fear  and  de- 
livered them  to  General  Lillington.  It  was  at  once  reported 
to  Governor  Martin  that  the  regiment  raised  for  Lord 
Charles  Montague  was  chiefly  composed  of  captive  conti- 
nentals taken  at  Charleston,  who  were  compelled  to  enlist 
into  the  British  service,  under  Montague's  own  direction,  on 
the  pain  of  severe  penalties.  For  this  conduct  Governor 
Martin  thought  that  Montague  should  suffer  some  punish- 
ment. The  other  officers  were  paroled  as  prisoners,  but  al- 
lowed to  go  abroad,  while  his  Lordship  was  paroled  only  to 
North  Carolina.  There  was  some  delay  in  communicating 
these  circumstances  to  General  Greene,  and  before  he  was 
informed  of  Governor  Martin's  purpose  to  deal  with  his 
Lordship  differently  from  other  prisoners,  General  Greene 
paroled  him  with  permission  to  go  to  New  York.  On  in- 
quiry General  Greene  found  that  Lord  Charles  did  enlist 


722  MARTIN'S  ADMINISTRATION,  1781-83 

,7*3  American  soldiers  into  the  British  service,  but  it  was  said 

that  it  was  by  the  voluntary  act  of  the  prisoners  themselves. 
The  punishment  in  contemplation  by  the  North  Carolina  au- 
thorities was  thus  defeated,  as  the  parole  by  General  Greene 
could  not  be  annulled. 

The  condition  in  1783 

The  eight  years  that  had  elapsed  since  the  first  provincial 
convention  assembled  in  August,  1774,  had  brought 
many  changes.  Harvey  had  died  while  the  colonists  were 
just  entering  on  the  struggle  to  maintain  their  rights  as  Brit- 
ish subjects,  and  year  by  year  the  leaders  who  had  set  in 
motion  the  ball  of  revolution  mourned  the  loss  of  some  of 
their  number.  James  Moore,  Francis  Nash,  James  Hogun, 
Harnett,  Hewes,  Buncombe,  Davidson,  John  Ashe,  Gideon 
Lamb  and  many  of  their  associates  had  perished  without  be- 
holding the  glorious  consummation  of  their  patriotic  desires 
and  unselfish  sacrifices.  It  is  to  be  observed  that  among  the 
North  Carolinians  who  had  enrolled  themselves  under  the 
banner  of  the  American  cause  there  was  not  a  single  deser- 
tion during  the  whole  course  of  the  conflict.  The  contest 
had  been  doubtful.  It  brought  many  vicissitudes  and  much 
suffering.  The  state  as  well  as  the  continental  currency  had 
ceased  to  have  value.  Many  families  had  been  utterly  im- 
poverished. Misery  and  desolation  were  diffused  through 
innumerable  households.  Civil  war  and  carnage  had  raged 
from  Surry  to  Brunswick.  Murder  and  pillage  had  stalked 
through  a  large  section  of  the  State,  and  families  expelled 
from  their  homes  had  sought  asylums  in  distant  parts,  and 
were  too  impoverished  to  return.  Many  mothers  and  chil- 
dren were  bereft  of  their  last  support,  their  sacrifices  in  the 
cause  of  independence  being  irreparable.  In  the  desolated 
region  of  the  Cape  Fear  even  the  wealthiest  of  the  patriots 
were  mined  by  the  ravages  of  the  war.  They  had  cheer- 
fully laid  their  all  on  the  altar  of  their  country.  Hard  had 
been  the  conflict,  but  in  the  darkest  hours  the  brave  hearts 
of  the  North  Carolina  patriots  became  still  more  courageous, 
and  in  their  adversity  they  bore  their  sufferings  with  resolu- 
tion and  fortitude.  At  length  the  storm-clouds  passed 
away,   the   sky   was   no  longer  obscured,  and   hope   gave 


PEACE 


723 


place  to  assurance.  The  ardent  longing  became  a  joyful 
realization. 

On  September  21,  1782,  Lord  Shelburne  being  then  at 
the  head  of  the  administration,  the  King  of  Great  Britain 
acknowledged  the  independence  of  the  American  States,  and 
authorized  Oswald,  the  British  commissioner  at  Paris,  to 
make  a  treaty  of  peace,  which,  however,  was  not  to  be  opera- 
tive until  agreed  to  by  France  also.  On  November  30,  1782, 
preliminary  articles  were  drawn  up  requiring  a  cessation 
of  hostilities,  and  on  January  20th  France  gave  her  assent. 
The  war  was  over.  Independence  had  been  won.  The  long 
and  arduous  struggle  had  closed,  and  everywhere,  in  the 
household  of  every  patriot,  there  was  great  rejoicing.  But 
in  the  bosoms  of  many  there  burned  a  strong  resentment 
against  the  detested  Tories. 

At  the  next  session  of  the  Assembly  Governor  Martin  in 
his  opening  address  said  :  "With  impatience  I  hasten  to  com- 
municate the  most  important  intelligence  that  has  yet  ar- 
rived in  the  American  Continent/'  the  acknowledgment  by 
Great  Britain  of  the  independence  of  the  American  States 
and  the  appointment  of  commissioners  to  conclude  a  treaty 
of  peace,  which  was  signed  on  January  20th.  He  continued : 
"Nothing  now  remains  but  to  enjoy  the  fruits  of  uninter- 
rupted constitutional  freedom,  the  more  sweet  and  precious 
as  the  tree  was  planted  by  Virtue,  raised  by  Toil  and  nur- 
tured by  the  Blood  of  Heroes.  To  you,  gentlemen,  the  repre- 
sentatives of  this  free,  sovereign,  and  independent  State,  be- 
longs the  task,  that  in  sheathing  the  sword,  you  soften  the 
horrors  and  repair  those  ravages  which  war  has  made,  with 
a  skilful  hand,  and  thereby  heal  the  wounds  of  your  bleeding 
country."  He  recommended  an  act  of  pardon  and  oblivion, 
with  some  exceptions,  and  said:  "Let  the  laws  henceforth 
be  our  sovereign;  when  stamped  with  prudence  and  wis- 
dom, let  them  be  riveted  and  held  sacred  next  to  those  of 
Deity.  .  .  .  Happy  will  be  the  people,  and  happy  the  ad- 
ministration when  all  concerned  .  .  .  contribute  to  this 
great  end." 

Governor  Martin's  re-election  was  strenuously  contested 
by  Governor  Richard  Caswell,  but  without  avail,  Martin's 
majority  being  17.     There  were  those  who  never  forgave 


1783 


s  R.,  XVI, 

75a 


Governor 
Martin's 
address, 
April  18, 
1783 


Preliminary 
Treaty, 
Jan.  ao,  1783 


S.  R, 
140 


XIX, 


724  MARTIN'S  ADMINISTRATION,  1781-83 

*j83  Caswell  for  withdrawing  from  the  service  of  the  State  in 

April  the  dark  hours  after  the  battle  of  Camden,  although  he  con- 

tinued to  wield  a  great  influence,  and  later  again  enjoyed 
the  gratification  of  directing  the  affairs  of  the  common- 
wealth. 

Although  the  last  British  soldier  had  departed  from  the 
The  southern  states,  General  Greene  continued  to  hold  the  rem- 

SatT^       nant  of  his  army  together  at  Charleston.     The  regiments, 
s.  rm  xvi,   however,  constantly  grew  smaller  by  the  expirations  of  en- 

725  listments.  By  January  5,  1783,  all  the  North  Carolina 
battalions  except  one  had  been  sent  home  on  furlough; 
and  finally  on  April  23d  Greene  was  instructed  to  furlough 
his  troops,  and  the  last  of  the  North  Carolina  continentals, 
relieved  from  further  service,  returned  to  their  homes. 

After   much   delay,   in    September,    1783,   the    Definitive 

Definitive      Treaty  of  Peace  was  signed.    By  it  Great  Britain  formally 

Sept.,  1783     acknowledged  the  United  States,  naming  North  Carolina  and 

each  of  her  sister  States  separately  and  particularly,  to  be 

"free,  sovereign,  and  independent  States,"  and  relinquished 

all  claims  to  any  right  in  them.    And  thus  North  Carolina 

'  entered  on  her  career  as  a  separate,  distinct,  and  sovereign 

State. 


1 


f