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Tablet and stone marking site of Old Town of Bloomsbury, now 

Raleigh, N. C, erected by Bloomsbury Chapter D. R. 

Unveiled April 26, 1911. 



Vol. XI JULY, 1911 No. 1 



"Bhe 



floRTH CflROlilflfl BoOKliET 



*^ Carolina! Carolina! Heaven' s blessings attend her ! 
While we live ive will cherish, protect and defend her. ' 



Published by 

THE NORTH CAROLINA SOCIETY 

DAUGHTERS OF THE REVOLUTION 



The object of the Booklet is to aid in developing and preserving North 
Carolina History. The proceeds arising from its publication will be de- 
voted to patriotic purposea Editor. 



ADVISORY BOARD OF THE NORTH CAROLINA BOOKLET 

I\Irs Hubert Haywood. Miss Martha Helen Haywood. 

Mrs. E. E. Moffitt. Dr. Richard Dillakd. 

Mrs. Spier Whitaker. Dr. Kemp P. Battle. 

Mr. R. D. W. Connor. Mr. James Sprunt. 

Dr. D. H. Hill. Mr. Marshall DeLancey Haywood. 

Dr. E. W. Sikes. Chief Justice Walter Clark. 

Mr. W. J. Peele. Major W. A. Graham. 

Miss Adelaide L. Fries. Dr. Charles Lee Smith. 

editor : 
Miss Mary Hilliard Hi n ton. 



OFFICERS OF THE NORTH CAROLINA SOCIETY 
DAUGHTERS OF THE REVOLUTION 1910-1912 

REGENT: 

Miss MARY HILLIARD HIXTON. 

VICE-REGENT: 

Miss DUNCAN CAMERON WINSTON. 

honorary REGENTS: 

Mrs. SPIER WHITAKER. 
Mrs. E. E. MOFFITT. 

RECORDING SECRETARY: 

Mrs. J. LEIGH SKINNER. 

CORRESPONDING SECRETARY: 

Mrs. PAUL H. LEE. 

TREASURER : 

Mrs. frank SHERWOOD. 

REGISTRAR : 

Mrs. JOSEPH CHESHIRE WEBB, Jr. 

GENEALOGIST AND HISTORIAN: 

Mrs. HELEN DeBERNIERE WILLS. 

CUSTODIAN OF RELICS: 

Mrs. JOHN E. RAY. 



CHAPTER REGENTS 

Bloomsbury Chapter Mrs. Hubert Hayw^ood, Regent. 

Penelope Barker Chapter Mrs. Patrick Matthew, Regent. 

Sir Walter Raleigh Chapter, 

Miss Catherine F. Seyton Albertson, Regent. 
DeGraffenried Chapter Mrs. Charles Slover Hollister, Regent. 



Founder of the North Carolina Society and Regent 1896-1902: 

Mrs. spier WHITAKER. 

Regent 1902: 

Mrs. D. H. HILL, Sr.* 

Regent 1902-1906: 

Mrs. THOMAS K. BRUNER. 

Regent 1906-1910: 

Mrs. E. E. MOFFITT. 



•Died December 12, 1904. 



THE NORTH CAROLINA BOOKLET 



Vol. XI JULY, 1911 No. 1 

THE NORTH CAROLINA UNION MEN OF 
EIGHTEEN HUNDRED AND SIXTY=ONE 

by major wm. a. graham, 
(commissioner of agriculture.) 

That only those who favored secession or entertained the 
doctrine of absolute State sovereignty and desired a dissohi- 
tion of the Union were true and loyal Confederates would be 
a gTcat historical error and injustice to two-thirds of the 
citizens of IN^orth Carolina. At that time there were four 
political tenets in the United States. 

First, jSTullification. That a State was sovereign to such 
a degree that it could remain in the Union but only comply 
with such laws as it approved, paying no attention to or 
nullifying the laws it did not sanction. This was Mr. Cal- 
houn's idea, and in accordance with it he desired a perpetua- 
tion of the Union. 

Second, Secession. That a State had voluntarily entered 
the Union, reserving the right to withdraw or secede at its 
own will, especially if it deemed any act of Congress unjust 
to its citizens. 

These opinions were held respectively by the two wings of 
the original Republican, afterwards the Democratic party. 
Mr. Davis, upon his withdrawal from the United States Sen- 
ate in December, 1860, upon the secession of Mississippi, in 
his address gives as clear an enunciation of each of these ideas 
as I have seen. He endorsed secession but not nullification. 

Third. That when a State entered the Union by adopting 
the Federal Constitution^ it did not reserve the right of se- 



4 THE XOKTII CAROLINA BOOKLET, 

cession at will, but consented to look for the preservation of 
its rights to the means and authority provided by the Con- 
stitution and laws made in conformity thereto ; there was 
still the inherent right of revolution when these means were 
denied or failed to protect the rights or property of a State 
or of any of its citizens, but it was the duty of a State and 
in accordance with its agreement to exhaust the means pro- 
vided by the government for redress of grievances before 
resorting to revolution or withdrawal from the Union. This 
was the tenet of the Whigs, and of its successor, the Consti- 
tutional Union party in 1860, and it was held at that time 
by a large majority of the voters of the State. 

Fourth. That the States bore about the same relation to 
the general government that counties bore to a State. This 
was the opinion of the extreme Federalist in his day and of 
the extreme Republican of today. 

George Fisher, in his books published several years since 
''Men, Women and Manners of Colonial Times," gives a 
history of the people who settled the respective colonies. 
Those who settled Massachusetts he denominates the Puritan ; 
those in Virginia the Cavalier. These are really the types 
of the iSTorthern and Southern people, and the student can 
discover the difference in character and temperament in their 
descendants to this day. 

The Cavalier settled generally in the country upon a 
plantation and had no connection with his neighbors' affairs 
except as they related to public matters, local. State or ISTa- 
tional. 

The Puritan settled in the village or hamlet, and inter- 
ested himself in all his neighbors' business ; was much con- 
cerned as to how he bemeaned himself or governed his family. 
This ofRciousness it was desired to extend to the county, the 
State and the Nation. To this may be added the advocates 
of a "higher law" that no matter what might have been the 



THE NORTH CAROLINA UNION MEN OF 1861. 5 

agreement in the past, if at any time one's conscience tells 
him the agreement is wrong, he can violate or repudiate it. 
This was the school of Wm. IT. Seward, and might be justly 
entitled nullification by the individual. There was none of 
this in the South. 

That slavery was recognized in the Federal Constitution is 
evident. A time was fixed for importation of slaves to cease. 
Provision was made for the return of fugitive slaves, and for 
reckoning slaves in the enumeration upon which Congressional 
representation was based. Any interference was a violation 
of the compact of the Constitution. 

The Republican party favored the abolition of slavery, 
although its supporters differed in the manner in which it 
should be accomplished. 

With the election of Mr. Lincoln to the Presidency and 
the triumph of the Republican party, matters came to a 
crisis. Some thought it was useless to longer continue in the 
Union, and that the slave States should withdraw ; others 
that they should not do so until there was some overt act 
upon his part, Avhile others had long desired a separation and 
hailed its apparent coming with demonstrations of joy and 
approval. 

South Carolina seceded in December, 1860, and was fol- 
lowed within a month by seven other States. The proper 
course for North Carolina to pursue was much discussed in 
public meetings and in the Legislature, with warmth, vehem- 
ence and acrimony. An act was passed submitting the ques- 
tion of calling a convention to consider the question and 
determine the course the State would pursue, to the people, 
at an election to be held February 27, 1861. Before this, 
however, delegates in behalf of peace had been sent to a 
National Peace Conference at Washington, D. C, and to the 
Provisional Confederate Government at Montgomery, Ala. 

In the presidential campaign in 1860 the rights of the 



b THE NORTH CAROLINA BOOKLET. 

States was ably and fully discussed in all phases. In the 
Convention camjjaign only the desirability and advisability 
of secession or the contrary action were considered. 

The student who will examine the history of the canvass 
preceding this election, as recorded in the press of that 
period, will see that upon one side it was urged that there 
was no use of delay, the State should at once unite with the 
States that had seceded. There would be no war ; the States 
had a right to secede, and union w^as no longer either de- 
sirable or advantageous. Others said they could wipe up all 
the blood that would be spilt with a j^ocket handkerchief. 
Foreign nations would at once recognize us, as they could 
not do without our cotton and would naturally desire to see 
the United States divided. Those who held opposite views 
were criticised in the harshest terms as untrue to the South, 
submissionists, abolitionists, etc. Men who had never owned 
a negro called men who owned hundreds, and one-half of 
whose property was of this class, abolitionists, on account of 
their devotion to the Union. The denunciation of carpet- 
baggers and scalawags in reconstruction times did not much 
exceed the abuse to which these were subjected, and in spite 
of which they stood for the right as they saw and dared 
maintain it. Many of these Union men afterwards entered 
the Confederate army and gave their lives to uphold the 
cause, while many of their calumniators, like Job's war 
horse, "snuffed the battle from afar," and when the time for 
action came, through sickness (frequently feigned), or polit- 
ical favoritism, kept his carcass out of the reach of Yankee 
bullets, the abuse of their neighbors being the only active 
service they rendered. The opponents of secession said : 

(1) If slavery was the object it would be destroyed by 
secession, if that failed. 

(2) If secession was successful, the border States would 
soon become free ; the easy manner of escape, the care and 



THE NORTH CAROLINA UNION MEN OF 1861. 7 

expense to prevent it^ and the impossibility to recover a 
fugitive slave would make this class of property undesirable. 
When a State became free it would naturally unite with the 
Northern government ; we would have new border States that 
would go through the same process to freedom. 

(3) That although Mr. Lincoln was President he could 
only execute the laws which Congi'ess enacted, and so long 
as we had six Senators from the ISTorthern States favorable 
to us, there could be no unfavorable legislation ; that he could 
not appoint objectionable persons to office as judge, etc., or 
even members of his Cabinet, as the Senate would refuse to 
confirm their appointment. 

(4) The Supreme Court, who held office for life and 
passed upon the constitutionality of all laws, was unani- 
mously opposed to Republican ideas, and a majority in its 
favor was hardly probable in twenty-five years, while a new 
President would be elected in four. Mr. Lincoln had lacked 
nearly 900,000 votes of a majority of the popular vote; he 
had been elected on account of the division of his opponents, 
which would not probably occur to such an extent again, and 
the next President would be favorable to the Constitution. 

(6) It was said the Confederate States Constitution was 
almost identical with that of the United States ; then there 
was no need for another nation. 

(7) That the seceding States could not be cut off or dis- 
membered from the rest of the country and transported else- 
where, but must remain attached to it. That if the Con- 
federacy was established there could be no Chinese wall be- 
tween it and the JSTorth. Self-interest in trade and defense 
would render it necessary to have the most friendly relations, 
consequently it was best to be one nation. 

(8) As to the Yankees not fighting, history proved the 
contrary. The men of the Northwest particularly were bone 
of our bone and flesh of our flesh, and we might expect a 
long and bloody war. 



8 THE NOKTH CAROLINA BOOKLET. 

Many of the people of North Carolina loved the Union, 
whose independence had been won by the lives and sacrifices 
of their ancestors. The older men were the sons, and the 
middle aged and younger men the grandsons of those who 
served in the Revolutionary war. The old men had received 
the account direct from their fathers, the actors ; they told it 
to their children. This kept alive a warm attachment to 
and admiration of their country, and they were unwilling to 
aid in its dismemberment or destruction. 

My father, as his sons each became old enough to under- 
stand, told him of his father's service in the Revolutionary 
War ; how near Charlotte he was left for dead on the field 
of battle, with three balls and six sabre wounds ; how he re- 
covered, returned to service and ''whipped the British." His 
sons regarded this as their country whose independence was 
won by the blood of their grandsire. 

The most glorious chapters in the history of the Union 
were those which recorded the results of acts of Southern 
men ; then why surrender to the disloyal men of the North a 
country whose independence the South had helped to win and 
whose position among the nations had been achieved by the 
direction of Southern men, many of whom were living at that 
time and prominent in national affairs. 

The election resulted in the choosing of two-thirds of the 
delegates who were opposed to separation at that time, and 
the call for a convention was defeated by a few hundred 
votes. Many who did not favor separation thought it well to 
have a convention in readiness for action, and so voted. 
The vote of Davie County decided the matter, the vote being 
otherwise about a tie. For some reason, Davie was a week 
late in making return of its vote. 

The matter of secession, as far as North Carolina was con- 
cerned, was thought to be settled for a time, and it was hoped 
that the trouble could be averted without war. Mr. Seward, 



THE ]VOKTH CAROLINA UNION MEN OF 1861. 9 

who was to be Secretary of State, had assured Judge Camp- 
bell of the U. S. Supreme Court, that no attempt would be 
made to reinforce Fort Sumter, and it was not thought that 
South Carolina would begin hostilities if this was not done. 

But there was much uneasiness and unrest. Union men 
began to lose hope of reconciliation and declared for action. 
Those who had confidence in certain leading citizens seemed 
content to leave the matter to them for decision, and to act 
as they would indicate seemed best. The preacher in Ala- 
mance who told his congregation that ''they were in times of 
darkness and trouble, it was hard to decide what Avas best ; 
he could only commend his example to them, that he got his 
religion from the Bible and his politics from Governor 
Graham," was not an isolated case. 

During a discussion in which disunion was a topic in 1841, 
Henry Clay, passing the desk of Governor Graham, at that 
time a U. S. Senator from North Carolina, stopped and re- 
marked: "There are four States in this Union which in its 
conformation bear to it about the same position that the 
heart does to the human body ; as long as they are quiet and 
contented there is no danger of disunion, but if they shall 
become dissatisfied and restless, trouble will not be far off ; 
these States are Virginia, Xorth Carolina, Tennessee and 
Kentucky." These Avere indeed prophetic words. 

When Lincoln was inaugurated, matters began to assume 
a different aspect ; while his messages might be satisfactory, 
yet his acts and sayings indicated that war was near. An 
attempt was to be made to reinforce Fort Sumter; South 
Carolina anticipated this and captured the fort. Mr. Lin- 
coln called for 75,000 men to restore United States authority. 

There was no longer any question as to what could be done 
to avert war, "War was here, and the only question was, 
Which side will you take in the fight ? 

Many of the E^orthern States had passed laws forbidding 



10 THE xVORTH CAROLINA BOOKLET. 

the use of their jails and prisous to United States marshals 
to hold fugitive slaves ; this, as far as possible, left him to 
mob violence and nullified the law as much as South Carolina 
had done the tariff act. 

Mr. Lincoln, in his canvass for the United States Senate 
against Stephen A. Douglas in 1858, had said that this gov- 
ernment could not exist half slave and half free, and must be 
all one or the other. He would, if elected, have to take the 
oath to support the Constitution of the United States ; this 
indicated he would not obey this oath, and some said they 
would as well have used a spelling book as a Bible when ad- 
ministering the oath as President. 

All the States to the South had seceded; Virginia on the 
north and Tennessee on the west were going; was there any- 
thing left for Xorth Carolina to contend for or hope for in 
the Union ? 

The question had long been determined by the Union men 
of North Carolina. Nine-tenths of them cast in their lots 
with the South. "Blood is thicker than water." Here was 
his home, his kindred, his interests, and having done all he 
could to prevent disunion, the North had spurned his efforts, 
and now he desired to be rid of them. A convention was 
called which, on May 20th, unanimously adopted the ordi- 
nance of secession, but not until the Union men, who consti- 
tuted more than one-third of its members, had entered upon 
the journal their vote for a measure prepared by Judge 
Badger, exj)ressing their views as to the manner in which 
separation should be accomplished. This failing to be adopt- 
ed, they voted for and signed the ordinance of secession. 
Some few good men in the State never yielded their allegiance 
to the Union, but were loyal to the end. With these few 
exceptions, men of all parties gave their allegiance to the 
Confederacy. The Secessionist and the Union Man, the 
Whig and the Democrat, stood side by side and shoulder to 



THE NORTH CAROLINA UNION MEN OF 1861. 11 

shoulder in all the hardships, suffering and death, and those 
who survived accepted together the results. The Union man 
did not criminate the Secessionists for unnecessarily begin- 
ning the conflict, for he knew, although late in entering the 
fight, he had done his best to make it a success, and that he 
was in no wise to blame that the independence of the Con- 
federacy had not been gained. There was no sycophant cry 
that "the Secessionists tempted me and I did fight," but 
knowingly and willingly he entered into the contest and never 
regretted his action or made apology for so doing. In the 
days of vengeance he asked to have his share handed to him. 

Furthermore, at the close of the war the term "Union 
man" was adopted by almost every man who was guilty of 
any kind of disgraceful misconduct, and it became synony- 
mous with rascality of all descriptions. The Union men of 
1860 had no lot or part with such cattle, and refused to be 
recognized by a common name with them or to plead his 
efforts in 1860 and '61 in exemption from the outrages heaped 
upon us by the ISTational Government. 

I have called your attention to this item in the history of 
the State in order that you may elucidate and preserve it. 
Many a gallant Tar Heel has always maintained that he did 
not fight the United States flag, but the man who was carry- 
ing it and endeavoring to use it to overturn the principles 
in support of which it gained a place among the ensigns of 
the nations. 

These Union men, whether jSTorth or South, were the only 
truly loyal men in the Nation in 1860. The Secessionists 
of the South desired and advocated a division. 

The Republican of the North endeavored to carry out his 
individual opinions, regardless of his constitutional obliga- 
tions, maintaining there was a "higher law" than the Consti- 
tution, which being interpreted was the right to do as you 
pleased and make others do so too. 



12 THE XOKTII CAROLINA BOOKLET. 

The TJnion man said, I will stand by the Union as long as 
the obligations under which it was formed are observed. 

The following is an account of a political meeting held in 
Hillsboro on December 26, 1860, and of the resolutions 
adopted. These resolutions were also adopted by many other 
meetings held in the State at this time. 

MASS-MEETIKG IN HILLSBORO. 

In pursuance to an adjourned meeting, a large portion of the citi- 
zens of Orange County met at the court-house in this place, and the 
meeting was called to order by the Chairman, Wm. H. Brown, who in a 
few patriotic remarks explained the object which called vis together for 
the second time. 

The Secretary read the proceedings of the meeting of the 15th inst., 
and the Chairman, the Hon. Wm. A. Graham, of the Committee of Ten, 
reported the following resolutions: 

The excited condition of the public mind, occasioned by the result of 
the recent Presidential election, requiring in the opinion of the citizens 
of Orange here assembled, a declaration of the sentiments of the people 
in relation to the course proper to be pursued in the present critical 
condition of our Xational affairs, it is therefore : 

1. Resolved, That the measures in the course of adoption in certain 
States of the Union, since the election of Abraham Lincoln to the 
office of President of the United States, presents for the determination 
of the people of North Carolina the grave question, whether, so far as 
they are concerned, the Government established by the Constitution of 
the United States shall be permitted to continue in operation, or 
whether it shall be overthrown and annulled, leaving to an uncertain 
future the provision of new guards for all the great interests that Gov- 
ernment was designed to secure. 

2. Resolved, That while regretting the decision made in this election, 
in common with the people of all the Southern States, because of the 
sectional, and towards us, hostile spirit of the political organization 
which nominated and elected the successful candidate; and whilst we 
shall vigilantly observe his course of administration, and shall be 
prompt to make resistance to encroachments, if any shall be attempted 
by him, on the rights and interests of slavery as an established insti- 
tution of the Southern States, protected by the Constitution of the 
Union, we perceive in the fact of his election no sufficient cause for the 
subversion and abandonment of the Government of our fathers, under 
which, in but two generations of men, the country has obtained a 
prosperity and power unsurpassed among the nations of the earth. 



THE ]N^ORTH CAROLINA UXIOX MEX OF 1861. 13 

3. Resolved, That we are not insensible to the encouragement given 
to the hostile feeling of the North against slavery in the Southern 
States, by the result of this election, but it must not be forgotten that 
the Government of the United States is a practical Government, of but 
limited powers ; that the President is not the Sovereign but the servant 
of the Eepublic, with authorities defined and restricted by the Consti- 
tution and laws, liable to be cheeked and restrained within hig legiti- 
mate powers by Congress and by the Judiciary; that Mr. Lincoln was 
elected by but a plurality of votes, in consequence of divisions among 
the conservative voters arrayed against him — the majority against 
him in the whole popular vote being nearly nine hundred thousand. 
And when add to this that he will enter into oiBce with a majority of 
both Houses of Congress opposed to him, and will not be able to 
appoint even his Cabinet counsellors without the aid of a conservative 
Senate, there is but a remote probability of a successful encroachment 
on our rights during the limited period of his administration, if there 
shall be the disposition to attempt it. 

4. Resolved, That the enactment of laws in many of the non-slave- 
holding States, intended to obstruct the execution of the law of Con- 
gress, for the arrest and surrender of fugitive slaves, is in plain and 
palpable violation of the Constitution of the United States, and the 
repeal of those laws is demanded as a duty of justice and submission 
to the Constitution on the part of those States, and as indispensable 
to fviture union. 

5. Resolved, That waiving the constitutional question of the jjower 
of a State to secede from the Union, such act of secession, if effected 
peacably, is not an appropriate and adequate remedy for the injuries 
under which the Southern States are now laboring. To depart from 
the Union, leaving behind in the hands of her supposed enemies all her 
interests in the national accumulations of eighty years, in which she 
had proportional rights, would be a sacrifice on the part of a State, 
except under the pressure of overruling necessity, as incompatible with 
her dignity as her interests. 

6. Resolved, That we recognize in its full extent the right of re- 
sistance by force, to unauthorized injustice and oppression, and if the 
incoming administration shall pervert the powers of the Government 
to destroy or otherwise unlawfully interfere with the rights of slavery, 
none will be more ready than ourselves to recur to this extreme remedy; 
but in adopting measures on a subject of such vital interest to fifteen 
States of the Confederacy, we should deem it but just and wise to act 
if possible, in concert, and after consultation with the other slave- 
holding States, and more especially with the frontier States 6f Mary- 
land, Virginia, Kentucky and Missouri, which are the greatest sufferers 
from existing grievances, and stand as a barrier between the rest of 



1-i THE NORTH CAKOLINA BOOKLET. 

the Southern States and the enemies of their peace and safety beyond 
that frontier. 

7. Resolved, That reasonable time should be allowed, and all remedies 
consistent with the continuance of the Union, should be exhausted 
before an abandonment of that Constitution established by Washington 
and its compatriots, which in its general operation has been the source 
of blessings innumerable to the American people. 

S. Resolved, That it is recommended to the Legislature to make 
appropriations for the purchase of such supplies of arms as may be 
necessary as a preparation for any emergency that may arise. 

9. Resolved, That the foregoing resolutions be published in the Hills- 
borough papers, and transmitted to tlie representatives from this county, 
to be laid before the General Assembly. 

John W. Norwood, Esq., offered the following as an amendment: 

Resolved, That we recommend to the present Legislature to provide 
for calling a Convention of the people, to take into consideration the 
alarming state of public affairs, and determine for North Carolina the 
time, mode and measure of redress for existing wrongs. 

The question being taken upon Mr. Norwood's resolution, it was 
rejected. 

No objections were made to the resolutions as reported by the com- 
mittee, and they were passed by a large majority. 

Wm. H. Brown, 

Dennis Heartt, Chairman. 

C. E. Parish, 

Secretaries. 

]Sr. B. — Governor Graham was the acknowledged leader of 
the Whigs or Union men. The topics in the accounts of the 
opinion of the Whigs in the above paper are taken from the 
address which was made to the people in the convention cam- 
paign in February, 1861. 

* * * 

The paper which was presented to the Secession Conven- 
tion, May 20, 1861, by Hon. George E. Badger: 

AN ORDINANCE DECLARING THE SEPARATION OP NORTH CAROLINA FROM 
THE UNITED STATES OF AMERICA. 

Whereas, Abraham Lincoln, of Illinois, and Hannibal Hamlin, of 
Maine, were chosen President and Vice-President of the United States 
by a party in fact and avowedly entirely sectional in its organization, 
and hostile in its declared principles to the institutions of the South- 
ern States of the Union, and thereupon, certain Southern States did 



THE NOKTH CAROLINA UNION MEN OF 1861. 15 

separate themselves from the Union, and form another and independent 
government, under the name of "'The Confederate States of America"; 
and, 

Whereas, The people of North Carolina, though jvistly aggrieved by 
the evident tendency of this election, and of these principles, did, never- 
theless, abstain from adopting any such measure of separation, and 
on the contrary, influenced by an ardent attachment to the Union and 
Constitution which their fathers had transmitted to them, did remain 
in the said Union, loyally discharging all their duties under the Con- 
stitution, in the hope that what was threatening in public aft'airs might 
yield to the united efforts of patriotic men from everj' part of the 
Nation, and by these eft"orts such guarantees for the security of our 
rights might be obtained as should restore confidence, renew alienated 
ties, and finally reunite all the States in a common bond of fraternal 
union; meantime cheerfully and faithfully exerting whatever influence 
they possessed for the accomplishment of this most desirable end; and, 

Whereas, Things being in this condition, and the people of this 
State indulging this hope, the said Abraham Lincoln, President of the 
United States, did, on the 16th day of April, by his proclamation, call 
upon the States of the Union to furnish large bodies of troops to enable 
him, under the false pretense of executing the laws, to march an army 
into the seceded States with a view to their subjection under an arbi- 
trary military authority, there being no law of Congress authorizing 
such calling out of troops, and no constitutional right to use them, if 
called out, for the purpose intended by him ; and, 

Whereas, This call for troops has been answered throughout the 
northern, northwestern and middle non-slaveholding States with en- 
thusiastic readiness, and it is evident from the tone of the entire press 
of those States, and the open avowal of their public men, that it is the 
fixed purpose of the Government and people of those States to wage a 
cruel war against the seceded States, to destroy utterly the fairest 
portion of this continent, and reduce its inhabitants to absolute sub- 
jection and abject slavery; and. 

Whereas, In aid of these detestable plans and wicked measures, the 
said Lincoln, without any shadow of rightful authority, and in plain 
violation of the Constitution of the United States, has, by other procla- 
mations, declared the ports of North Carolina, as well as all the other 
Atlantic and Gulf States under blockade, thus seeking to cut off" our 
trade with all parts of the world; and. 

Whereas, Since his accession to power, the whole conduct of the said 
Lincoln has been marked by a succession of false, disingenuous and 
treacherous acts and declarations, proving incontestably that 'he is, at 
least in his dealings with Southern States and Southern men, void of 
faith and honor; and. 



10 THE XOETII CAEOLINA BOOKLET. 

Whereas, He is now governing by military rule alone, enlarging by 
new enlistments of men both the military and naval force, without 
any authority of law, having set aside all constitutional and legal re- 
straints, and made all constitutional and legal rights dependent upon 
his mere pleasure, and that of his military subordinates; and. 

Whereas, All his unconstitutional, illegal and oppressive acts, all his 
wicked and diabolical purposes, and, in his present position of usurper 
and military dictator, he has been and is encouraged and supported by 
the great body of the people of the non-slaveholding States : 

Therefore, This Convention, now here assembled, in the name and 
with the sovereign power of the people of North Carolina, doth, for the 
reasons aforesaid, and others, and in order to preserve the undoubted 
rights and liberties of the said people, hereby declare all connection of 
government between this State and the United States of America dis- 
solved and abrogated, and this State to be a free, sovereign and inde- 
pendent State, owing no subordination, obedience, support or other duty 
to the said United States, their Constitution, or authorities, anything 
in her ratification of said Constitution, or of any amendment or amend- 
ments thereto to the contrary notwithstanding; and having full power 
to levy war, conclude peace, contract alliances, and to do all other acts 
and things which independent States may of right do: and appealing 
to the Supreme Governor of the world for the justice of the cause and 
beseeching Him for His gracious help and blessing, we will, to the 
uttermost of our power, and to the last extremity, maintain, defend 
and uphold this declaration. 

Mr. Craige offered the following as a substitute for the 
foregoing, which was adopted, ayes 72, noes 40 : 

AN ORDINANCE DISSOLVING THE UNION BETWEEN THE STATE OF NORTH 
CAROLINA AND THE OTHER STATES UNITED WaTH HER UNDER THE 
COMPACT OP GOVERNMENT, ENTITLED, "THE CONSTITUTION OF THE 
UNITED STATES." 

We, the people of the State of North Carolina in Convention assem- 
bled, do declare and ordain, and it is hereby declared and ordained: 

That the ordinance adopted by the State of North Carolina in the 
Convention of 1789, whereby the Constitution of the United States was 
ratified and adopted; and also all acts and parts of acts of the General 
Assembly, ratifying and adopting amendments to the said Constitution, 
are hereby repealed, rescinded and abrogated. 

We do further declare and ordain, that the union now subsisting 
between the State of North Carolina and the other States, under the 
title of "The United States of America," is hereby dissolved, and that 
the State of North Carolina is in full possession and exercise of all 
those rights of sovereignty which belong and appertain to a free and 
independent State. 



SOME EABLY PHYSICIANS OF THE ALBEMARLE. 17 

SOME EARLY PHYSICIANS OF THE ALBEMARLE 

BY KICHABD DILLARD, M.D. 

At a vote taken by the Immortals of the French Academy 
some time ago, to determine the order in which the gTeat men 
of France should be named, Louis Pasteur outranked Na- 
poleon Bonaparte. It was decided that a man who minis- 
tered to "the healing of the nations" was infinitely greater 
than a warrior who won battles at the reckless sacrifice of 
human life. And the whole world admits this truth today, 
that, 

"A wise physician skilled in wounds to heal, 
Is more than armies to the public weal." 

Few sections have had so many distinguished medical men 
as this. One was Governor, two wrote histories of the State, 
some have won honors in foreign lands, while others have 
served their country both in peace and war, and filled almost 
every position of honor and trust. 

Undoubtedly the earliest physician of the Albemarle sec- 
tion was Dr. John King. Among the records of the court- 
house at Edenton may be found his bill for services rendered 
Arter Workman, under date of July 26, 1694, to-wit : 

1 Emetic & 1 dose pill Anodine at 8s. 

To my visit & 1 dose pill Anodyne 15s. 

To 8 days attendance at 10s. per day 4 £ . 

My visit at Jno. Godfrey's, Jalep and attend 16s. 

My visit at Madam Clark's 10s. 

Dr. Godfrey Spruill located at Edenton about 1702, but 
nothing is known concerning him except that he was em- 
ployed by the vestry of St. Paul's Church, Edenton, to attend 
one Elinor Adams. The record runs thus : '^Information 
being made by Capt. Thos. Blount that Elinor Adams by of 
2 



18 THE NORTH CAROLINA BOOKLET. 

Infirmity and Indigence is in great danger of being lost for 
want of Assistance, Ordered that Capt. Thos Blount treat 
with Doctr. Godfrey Sprnill in order to her cure, and that 
Doctor Godfrey Spruill be paid for his Physick and Cure 
by the Church Wardens five pounds, and that Capt Thos 
Blount is requested by Vestry to endeavor to oblige the said 
Elinor to Serve the Doctor for the use of his House and 
nursing." 

The next member of the profession to locate here was 
"George Allen, Chyrurgeon." He is described in the Colo- 
nial Records as being "a. man of vile character and lately 
condemned at Williamsburgh for cursing King George, and 
Mr. Drysdale who is Govr of Virginia." ISTot long after that, 
a bill of indictment was brought against him for going pri- 
vately armed and assaulting our Governor. 

He was a wicked and turbulent spirit, and seemed to be 
constantly at war with the public authorities. It was per- 
haps the reputation of this renegade that caused Thos. Iredell, 
of Jamaica, in after years to write his nephew, James 
Iredell, who had just located here: "You have without 
doubt physicians who understand to prescribe. But un- 
fortunately for their patients, those gentlemen more com- 
monly understand their trades better than their profession, 
and it is more for their interest (howsoever criminal it 
may be), to exercise the one, than practise the other. In 
short, if your doctor has not some friendship for you, you 
must pay severely, both in pocket and person." (Life and 
Correspondence of James Iredell.) 

Probably the most interesting figure who located here in 
early times was Dr. John Brickell. He came here with 
Governor Burlington in 1724, and was appointed by him to 
make an exploration into the interior with the view of 
securing the friendship of the Cherokee Indians. 

He left here in 1730 with ten men and two Indians, and 



SOME EARLY PHYSICIANS OF THE ALBEMARLE. 19 

traveled fifteen days without having seen a human being. 
At the foot of the mountains they met the Indians, who re- 
ceived them kindly and conducted them to the camp, where 
they spent two days with the chief, who reluctantly per- 
mitted them to return. They made the entire trip on horse- 
back in thirty-two days. 

He describes the trip very interestingly in the history 
which he wrote of !North Carolina. They built large fires, 
and cooked the game which the two Indians killed, and 
served it upon pine-bark dishes ; at night they tethered their 
horses, and slept upon the gray Spanish moss which hung 
from the trees. They lived in truly Robin Hood style, 
and the tour seems to have been more for romance and ad- 
venture than for scientific research. It is a counterpart in 
our history of the adventures of the '^'Knights of the Golden 
Horseshoe" to the Blue Ridge of Virginia under Governor 
Spotswood. 

Dr. Brickell had a brother, who settled in Hertford County 
in 1739, the Rev. Matthias Brickell, from whom is descended 
some of the best families of that county. 

Another prominent physician who lived here was Gabriel 
Johnston, a Governor of ISTorth Carolina. To write a sketch 
of his life would be to give a history of the Province during 
his term of office. He was a graduate of the University of 
St. Andrew's, Scotland, subsequently held a chair there, and 
was a contributor to that noted journal, ''The Craftsman." 
The affairs of state so engrossed his time that it is doubtful 
if he ever practiced in America the profession in which he 
was so learned. He was the best of our Colonial Governors. 

Dr. William Savage was another member of the profession 
here in early days, and was a man of character, position and 
great wealth. He owned John's Island, which subse^quently 
belonged to Stephen Cabarrus, and is described on the records 
of the court as "that island opposite the town of Edenton 



20 THE NORTH CAKOLINA BOOKLET. 

called Strawberry Island, and containing about 140 acres." 
The water has so encroached upon this land that barely two 
acres now remain, Iredell mentions him several times in 
his diary as a very reliable man. He practised here about 
1770, and died 1780, and must have been a gentleman of 
considerable professional attainments. 

Beneath the shadow of the large cedar trees in Hayes 
graveyard is a moss-covered slab of red sandstone; the over- 
hanging branches waving to and fro in the autumn sunshine 
cast strange silhouettes upon the grave, and put one to 
dreaming. The epitaph reads : 

"Dk. Sylvester Hosmer, 

Who departed this life in 1794, 

Age 29 years." 

Beyond this there is nothing known of his life, save that he 

married a Miss Blair, a niece of Governor Johnston; but the 

modesty and simplicity of his epitaph might be taken as the 

true index of his character. "The silver cord was loosed, 

and the pitcher broken at the fountain," ere life's ascending 

sun had scarcely risen upon his bright and useful life. All 

who knew him, or about him, have long since passed beyond 

the tide, and — 

"The mossy marbles rest 
On the lips that he has pressed 

In their bloom ; 
And the names he loved to hear 
Have been carved for many a year 
On the tomb." 

The broad daylight of medical science had not broken, 
with its rays of splendor, upon the world in his day. ISTo 
science has progressed so rapidly as that of medicine; it 
flourished even in the dark ages, in the cloistered chambers 
of the monks. The rusty locks of the vast treasuries of 
knowledge have now yielded to the golden keys of scientific 



SOME EAELY PHYSICIANS OF THE ALBEMARLE. 21 

research, and medical science has worked out the endless 
combinations of the vaults of nature ; but knowledge is laby- 
rinthine, there are many winding passages and dark cham- 
bers still to be explored. 

It does seem wonderful to us that the circulation of the 
blood was not discovered until 1628. Paracelsus, in 1526, 
taught cabalistic medicine, or the influence of the planets 
over diseases, and read their symptoms from the stars. The 
signs of the Zodiac are even to this day believed by the 
superstitious to influence wounds and operations upon difler- 
ent parts of the body. He believed that an abstract some- 
thing, which he called Tartar, was the cause of all diseases. 

In 460 B. C, Hippocrates of Cos gave forth his apothegTii, 
that ^'Medicine consists in addition and subtraction, the ad- 
dition of the things which are deficient, and the subtraction 
of those things which are redundant. He who practises this 
is the best physician, but he whose practice is farthest from 
it, is the farthest removed from knowledge of the art." Said 
he : "Life is short, the art is long, the occasion fleeting, ex- 
perience fallacious, judgment difiicult. The physician must 
not only be prepared to do what is right himself, but also to 
make the patient, the attendants, and externals co-operate." 
He was the father of what is now called the regular school of 
medicine, and stamped that dignity and honor upon the 
profession which it now bears. He required each neophyte 
to take an oath, and this every one is supposed to take now 
upon entering this profession. It has been beautifully trans- 
posed from Greek into verse by Dr. James Aitken Meigs, of 
Philadelphia. They swore : 

"To wield the sword of knowledge in relief 
Of sick and suffering ones, and those with grief 
Bowed down, and overweighted with much care. 
And further, you must solemnly declare 
That you in purity and holiness 
Will live, and exercise vour art to bless 



22 THE NORTH CAEOLINA BOOKLET. 

Mankind; from acts of mischief will abstain 

And all seductive wiles; and will refrain 

From giving drugs for deadly purposes 

Or vile. And when some aching brain discloses 

The secrets of a sad or guilty life, 

Which best the world should never know, lest strife 

And ill example follow, you will hide 

Such secrets, whilst you counsel, whilst you chide." 

This is the exalted HipjDocratic oath, and forms the founda- 
tion stone to the present code of medical honor. 

The earliest known physician of antiquity was Sekhet- 
Enach, chief physician to Pharoah Sahura of the fifth dyn- 
asty. The first known examination for license to practise 
medicine was conducted by Sinan Ben-Tsabet at Bagdad, 
A. D. 931. Dioscorides was the most famous herbalist of 
antiquity, and the Dioscorea, or wild yam, was named in 
honor of him. Rider Haggard, in his story of Cleopatra, 
features him as her court physician. 

Shakespeare was fond of making thrusts at the profession, 
and especially does he make Timon of Athens exclaim: 

"Trust not the physician, 
His antidotes are poisons and he slays 
More than you rob." 

And Dry den says : 

"Better search the fields for health unbought 
Than pay the doctor for a nauseous draught." 

I clip the following from the Edenton Gazette, published 
about 1810, and doubtless written by some member of the 
profession here: 

"God and the doctor we alike adore, 
Just on the brink of danger, not before; 
The danger passed both are alike requited, 
God is forgotten, and the doctor slighted." 

An old doctor from a neighboring town used to declare 
that the malaria was so thick there that the frogs sang all 



SOME EAKLY PHYSICIANS OF THE ALBEMAKLE. 23 

night long', ^'Quinine, Quinine" ; while the refrain of the 
bull frogs was ''Calomel, Calomel." 

Hugh Williamson, M.D., LL.D., though a native of Penn- 
sylvania, practised here. His father and mother were cap- 
tured at sea, while on their way to this country, by the cele- 
brated Blackboard, but were finally set free after having 
been despoiled of their property. Dr. Williamson first 
preached in Philadelphia two years, then was Professor of 
Mathematics in the University of Pennsylvania ; and not 
finding either of these congenial occupations, finally studied 
medicine at Edinburg and Leyden, and was induced by his 
friends, in 1777, to locate in Edenton. Dr. Williamson rep- 
resented Edenton in the Commons in 1782, was a delegate to 
the Convention which formed the Federal Constitution, and 
was a member of Congress 1790-92, and Jeft'erson was much 
impressed with his ability there. During the Pevolution he 
was a member of Caswell's medical staff, and exhibited great 
bravery on the field. He was one of the first trustees of our 
University, and was requested by them, in 1795, to invest 
some money in books. This was the first step toward the 
foundation of that large and valuable library. Williamson 
wrote a good deal about the climate of Eastern Carolina, 
malarial diseases and the best methods for preventing them. 

He was, no doubt, an apostle of the Hepatic creed, whose 
dogma was : "One organ, the liver ; one disease, biliary de- 
rangement ; one remedy, mercury." Blood letting was prac- 
tised indiscriminately in his day, and the old-fashioned ''ten 
and ten" was given to every patient. The doctors in those 
days did not have the elegant pharmaceutical preparations, 
or the skilled druggist, as, now, but compounded and dis- 
pensed their own medicines. The favorite prescription here 
in those days for the malarial fevers was "one pint of chamo- 
mile tea every morning on an empty stomach," and this was 
to be kept up through the entire malarial season. Quinine 



2-4 THE NORTH CAROLINA BOOKLET. 

was unknown to the world then, though Peruvian bark had 
been introduced some time by the Jesuits. 

Dr. Samuel Dickinson was born in Connecticut in 1743, 
and died in 1802. He graduated in medicine at some foreign 
school, most probably Edinburgh as that was the medical 
center of the world then, and located in Edenton. 

About 1777 he bought the Cupola house, which is still 
occupied by his descendants. His arms and crest still hang 
uj)on the walls of that quaint old mansion, and from its breezy 
cupola, which seems to stare vacantly at the distant shore, 
the engagement between the Confederate ram Albemarle and 
the double enders under Capt. Melancthon Smith was watch- 
ed by his granddaughters through a spy glass. Dr. Dickin- 
son's office stood where the corner store on the lot now stands. 
He had associated with him young Dr. Beasley, whose por- 
trait was found not long ago in a negro house down on the 
wharf, and was used as a cover to a meal barrel. Dr. Beas- 
ley's beautiful daughter, Miss Sallie, was engaged to the 
gallant and chivalrous Major Ringold, who fell covered with 
glory on the sanguine field of Palo Alto. This so affected her 
mind that she soon became hopelessly insane, and died. 

Dr. Dickinson was a man of wealth, and engaged in some 
large land schemes across the sound. He was a distinguished 
physician, and was often called in consultation as far as 
Norfolk, and met his death from exposure in crossing the 
Albemarle Sound to see some member of the Armistead 
family. 

Dr. Matthias E. Sawyer was an eminent practitioner of 
medicine here about 1825, and published a book about that 
time called "Fevers of Eastern ISTorth Carolina." In the 
treatment of fevers, Dr. Sawyer was at least fifty years in 
advance of his time. The University of North Carolina 
now possesses the only copy of this work in existence. 

Dr. Collins Skinner was a very distinguished physician of 



SOME EARLY PHYSICIANS OF THE ALBEMARLE. 25 

Edenton. His office still stands upon the court-house green. 
About 1835 he performed an operation for cataract upon an 
old lady, a member of the Howcutt family, residing some 
five miles north of Edenton; this was the first successful 
operation for cataract ever performed in Eastern North Caro- 
lina, and perhaps in the State. 

Among the most prominent physicians of a more recent date 
are the Warrens, and particularly the brilliant Edv^^ard War- 
ren-Bey, whose genius shone upon three continents, and whose 
checkered life reads like some Eastern romance. To Dr. 
Edward Warren belongs the honor for the discovery of hypo- 
dermic medication, and in that he was four years in advance 
of the inventor of the hypodermic syringe. Dr. Warren, 
soon after graduating, had under his care a Miss Betty M. 
Jones (afterwards Mrs. George Parrish), and finding her 
stomach perfectly intolerant for a number of days to any 
form of nourishment or medicine, it occurred to him, as a 
last resort, to introduce his medicine under the skin ; the 
suggestion at once met with the approval of the suffering 
patient. Dr. Warren then with a lancet made a small in- 
cision in her arm, and through it injected his remedies by 
means of an ordinary Annels syringe, giving almost instant 
relief to all the distressing symptoms. Many years after- 
wards this patient became mine, and she frequently related 
to me Dr. Warren's wonderful experiment, with the greatest 
minuteness and enthusiasm. 

Then there are to be added the Norcoms, Dr. Richard 
Dillard, Sr., Dr. William R. Capehart, Dr. R. H. Winborne, 
and a host of others too numerous for this short sketch, who 
have passed over the waste fields of death into the land of 
the hereafter — men who forgot themselves to bless mankind. 



26 THE NORTH CAROLINA BOOKLET. 



SOME BALLADS OF NORTH CAROLINA 

BY PROFESSOR JOHN A. LOMAX, 

(secretary university of TEXAS AND ASSISTANT DIRECTOR 
OF THE DEPARTMENT OF EXTENSION.) 

During a ballad-collecting experience of a number of years, 
it has come about that no few have fallen into my hands 
from North Carolina, in my belief one of the richest locali- 
ties in ballad material of any section of the United States. 
A small number of these ballads I am printing at the earnest 
solicitation of the editor of this journal, in the hope that the 
article will awaken the interest of others in preserving for 
posterity the floating folk songs that abound in some districts 
of ISTorth Carolina. 

I should say in the beginning that no collector in the field 
of balladry should pursue his work on the Carolina coast with- 
out first talking with Professor Collier Cobb, of the Univer- 
sity of North Carolina, and, if possible, getting a look at his 
valuable collection. Professor Cobb, although a well-known 
scientist, has a genuine interest in ballad material that he 
imbibed from the greatest of the balladists, perhaps, in the 
entire history of letters. Professor Child, of Harvard Uni- 
versity. As a student of Professor Child, Professor Cobb 
learned to love the native song of the out-of-doors people, 
while he was at the same time being wedded to the field of 
geology through the teaching of the great Southern educator, 
long eminent at Harvard University — Professor N. S. Shaler. 
To Professor Cobb, therefore, I must make due apology for 
presuming to invade a field already possessed so thoroughly 
by him. 

The songs I am printing, however, may, in time, lead many 
people to confide their treasures into the competent hands of 
Professor Cobb or of other collectors, and therefore be of 



SOME BALLADS OF NORTH CAROLINA. 27 

direct benefit to ballad collecting tbrongbout America. In 
addition to Professor Cobb, there are other persons in North 
Carolina who have done good work in this field. Among 
them is Miss Adelaide Fries, of Winston-Salem. Miss Fries 
has made an interesting collection of Moravian songs, which, 
I am told, are all religious in tone and of German origin. 
Mr. Cobb's collection consists chiefly of songs that he has 
picked up along the coast. Indeed, these are probably the 
most interesting of all the JSTorth Carolina ballads. Through 
Miss S. O'H. Dickson, of Winston-Salem, has come informa- 
tion of mountain corn-husking songs, similar in spirit to the 
negro corn-husking songs ; and also mention of the negro to- 
bacco stripping songs. Unfortunately, I have not been able 
to secure examples of either of these classes. 

The material that has been sent to me from other sources 
in North Carolina may be grouped somewhat as follows : 
First, traditional songs ; second, war songs ; third, negro 
songs ; fourth, mountain songs ; fifth, the coast songs, collected 
by Professor Collier Cobb. The songs in Professor Cobb's 
collection are not available for publication, inasmuch as he 
perhaps will issue them at some time himself. He has, 
however, consented to furnish the library at Harvard Uni- 
versity copies of all of his collection. At Harvard the col- 
lection will become available to all students of the ballad. 

Before quoting any of the songs, I should like to ask the 
readers of this article to furnish me with copies of the fol- 
lowing songs : 

1. "Morgan's War Song." 

2. "Run, Nigger, Run." 

3. "Sal's in de Garden Siftin' San'." 

4. "When Lillington Fought for Caswell's Glory." 

I should also appreciate complete copies of what the fol- 
lowing seem to be fragments. In some instances the frag- 



28 THE NORTH CAKOLINA BOOKLET. 

ment may be the entire song, but I should like any informa- 
tion whatever about any one of the songs. These fragments 
all came from my North Carolina correspondents. 

Cold, frosty morning, nigger mighty good ; 
Axe on his shoulder, gwine to cut some wood. 
Little piece of corn bread, little piece of fat. 
And de white folks grumble if you eat much of dat. 

■H- * * «■ 

Frog he sot and watched the alligator. 
Hopped on a log and offered him a 'tater; 
The alligator grinned and tried to blush, 
Frog he laughed and said, "Oh, hush!" 

* * 4t * 

Sam stuck a needle in his heel, in his heel, 
Sam stuck a needle in his lieel. 
A one-eyed black snake run thu the fence, 
What a funny chicken a terrapin air, 
And Sam stuck a needle in his heel. 

■i;- •» * * 

Harness up yo bosses, 

Hey, oh hey ! 
Harness up yo bosses. 

Hey, oh hey ! 
We'll show you how to drive 'em; 

Hurrah for Uncle Sam. 

I've wondered and wondered 

All the days of my life, 
Where you're goin', Mr. Mooney, 

To get yourself a wife, 
Where you're goin', where you're goin' 

To get yourself a wife. 

I'm goin' to , 



An' that will be the place 
To get Miss Laura, 

If God'll give me grace — etc. 

Out came Miss Laura 

All dressed in silk, 
With a rose in her hair 

And white as milk — etc. 



SOME BALLADS OF NORTH CAKOLINA. 29 

Johnstown's a mighty flood, 
Johnstown's a mighty flood, 
Johnstown's a mighty flood, 

For the dam was bound to break. 

Fifty thousand souls were lost, 
Fifty thousand souls were lost, 
Fifty thousand souls were lost, 
For the dam was bound to break. 

•» * » * 

There was a lady, skin and bone; 

Such a thing before had ne'er been known. 

She walked out one night to pray, 
She walked but a little way. 

She walked up, she walked down, 
She saw a ghost lying on the ground. 

The lady to the spirit said, 
"Shall I look so when I am dead?" 

The spirit to the lady said—! ! ! Wah! Ah! Eh! 

By traditional songs is meant snch songs as were familiar 
to the old generation — songs that were sung by our grand- 
mothers in their childhood and have been handed down from 
generation to generation chiefly by oral transmission. Good 
examples of these songs are : 

"Suzana, Don't You Cry." 

"Old Dan Tucker." 

"Jim Crack Corn." 

"A Frog He Would a-Wooing Go." 

Of these songs I have full copies. The two traditional 
songs quoted hereafter were perhaps chiefly serviceable for 
the entertainment of children. The first one, so far as I 
know, has no title. The second, as I happen to know, was 
as popular in Massachusetts as it was in early days in North 
Carolina. 

Oh who will wear my castor boots, castor boots. 
Oh who will wear my castor boots? 
Oh who will wear my castor boots, castor boots. 
When I am far away? 



30 THE WORTH CAKOLINA BOOKLET. 

Oh who will ride the old black mule, old black mule? 
Oh who will ride the old black mule, old black mule, 
When I am far away? 

Oh who will smoke my rusty pipe, rusty pipe, 
Oh who will smoke my rusty pipe, rusty pipe? 
Oh who will smoke my rusty pipe, 
When I am far away? 

Oh who will shoe my pretty feet, my pretty little feet, 
Oh who will shoe my pretty little feet, my pretty little feet? 
Oh who will shoe my pretty little feet, 
When I'm in a far away land? 

Oh who will glove my pretty little hand? etc. 

Oh I will shoe your pretty little feet, etc., 
When you're in a far distant land. 

Oh I will glove your pretty little hand, etc., 
When you're in a far distant land. 

« * » * 

BILLY BOY. 

Where have you been, Billy Boy, Billy Boy, 

Where have you been, charming Billy? 

I have been to seek a wife for the comfort of my life; 

She's a young thing and can not leave her mother. 

Did she ask you in, Billy Boy, Billy Boy? 
Yes, she asked me in with a dimple in her chin. 

Did she take your hat, Billy Boy, Billy Boy? 
Yes, she took my hat and she threw it at the cat. 

Did she set you a chair, Billy Boj^, Billy Boy? 
Yes, she set me a chair, with a ribbon in her hair. 

Can she make a cherry pie, Billy Boy ? etc. 

Yes, she can make a cherry pie quick as a cat can wink his eye. 

How old is she, Billy Boy? etc. 

Three times seven, twice twenty, and eleven. 

Can she make a pudding well, Billy Boy, Billy Boy? 
Can she make a pudding well, charming Billy? 
She can make a pudding well, I can tell it by the smell, 
She's a young thing and can not leave her mother. 

Can she make up a bed neat? etc. 

She can make a bed up neat from the head to the feet, etc. 



SOME BALLADS OF NORTH CAROLINA. 31 

Another version : 

Where have you been, Billy Boy, Billy Boy? 

Where have you been, charming Billy? 

Oh, I've been down the lane for to see my Betsey Jane, 

She's a young thing and wants to leave her mammy. 

Hold old is she, Billy Boy, Billy Boy? etc. 

Three times six, four times seven, twenty-eight and eleven, etc. 

How tall is she? etc. 

She's as tall as a pine and as straight as a pumpkin vine. 

Twice six, twice seven, three times twenty, and eleven. 

Naturally, the three American wars produced a consider- 
able amount of popular ballad material. A partial collec- 
tion has already been made of this material, but many of 
the most vital and interesting of the songs are still floating 
among the people, especially the folk who live in the back 
country and on the frontier. For example, take a single 
stanza from a Confederate song of the Civil War, which men- 
tions the Louisiana Tigers and the Bucktail Rangers of Penn- 
sylvania, whose name grew out of the bucktails on their caps : 

The Louisiana Tigers 

They charged with a yell; 
They charged the Bucktail Rangers, 

Damn their souls to hell. 

Another popular Confederate song was an adaptation of 
''Wait for the Wagon/' the chorus of which ran : 

Wait for the wagon, 

The Confederate wagon; 
O wait for the wagon. 

And we'll all take a ride. 

Other similar parodies, more completely worked out, for 
which single stanzas will serve for illustrative pur[30ses, are : 

Yankee Doodle had a mind 

To whip the Southern traitors, 
Because they didn't choose to live 

On codfish and pertaters. 



32 THE NORTH CAROLINA BOOKLET. 

Yankee Doodle, fa so la, 

Yankee Doodle Dandy; 
And to keep his courage up 

He took a drink of brandy. 

» * * » # 

King Abraham is very weak, 

Old Scott has got the measles; 
Manassas is now off at last. 

Pop go the weasels. 

I came from old Manassas 

With a pocketful of fun; 
I killed forty Yankees 

With a single-barrel gun. 

It don't make a nif-o-sniference 

To either you or I, 
Big Yank, little Yank, 

All run or die. 

The two parodies are taken from a book of Southern war 
songs published bj M. T. Richardson & Co. in 1890. There 
are, of course, many similar ones written from the point of 
view of the North, all of which should now be given wide 
publication as interesting human mementoes of those trou- 
blous days. 

The negro songs that have come to me from JSTorth Carolina 
are mainly religious. A number of interesting fragments of 
secular songs were, however, given to my wife by Mr. Fred 
A. Olds of Raleigh, N. C. These fragments are fairly illus- 
trative. 

Turkey buzzard, turkey buzzard, 

Take me on your wing; 
Carry me cross de ribber 
To see Sally King. 

Buzzard no answer. 

Keep on fiyin' ; 
Sally, she's a-waitin'. 

Fairly dyin'. 



SOME BALLADS OF NORTH CAROLINA. 33 

I'll never marry an old maid, 

Tell you de reason why: 
Neck so long and stringy 
'Fraid she'll never die. 

Git along home, Cindy, Cindy, 
Git along my Cindy gal, 
Way down in Yallerbam. 

I'll never marry a po' gal. 

Tell you de reason why: 
She'll eat up all yo' rations, 

An' fool you on de sly. 

Git along, etc. 

* * * * 

I don't like a nigger no how, 
I don't like a nigger no how; 

A nigger and a mule 

Is a mighty big fool — 
Don't like a nigger no how. 

I don't like a po' white man no how, 
I don't like a po' white man no how; 

Put hrm on a hoss. 

Thinks he's a boss — 

Don't like a po' white man no how. 

* * * * 

Hush, you sinner. 

Don't you cry. 
Devil's gwine ter git you 

By and by. 

You needn't shout. 

You needn't laugh. 
For you is only 

Just de chaff — 
For a few days. 

Of the same nature is a small fragment sent in by Miss 
Dickson, of Winston-Salem. This, she says, was a favorite 
of Charleston, South Carolina, darkies before the war, and 
was current in other localities : 

I gone down town wid my pocket full o' tin, 

Dooda ! dooda ! 
I come back home wid my hat cave in, 

Dooda, dooda, day! 
3 



34 THE NORTH CAROLINA BOOKLET. 

I boun' ter run all night, an' I boun' ter run all day, 
I bet my money on de bob-tail boss, 
Dooda, dooda, day! 

Still another, which was sung to my wife by a cook in 
Ealeigh, is described by the negro woman as "awful pitiful." 

Poor Joseph been sick pinin' for you. 
Dear father, dear father, come home; 
This is the message I heard him say — 
Come home, the work is all done. 

Refrain : 

Come home, come home. 
Dear father, dear father, come home, 
This is the message I heard him say — 
Come home, the work is all done. 

My mother is too. 

Dear father, dear father, won't that do? 
My mother is sick and wantin' you too — 
Dear father, dear father, come home. 

Mother said her love was true, 
O father, father, won't that do? 
Mother said her love was just as true — 
father, won't that do? 

It is difficult to choose among the large body of religious 
songs known by the oldtime darkies of North Carolina. Miss 
Dickson says, in a letter enclosing several, some of which I 
quote later : ''The songs enclosed are those I can fully recall. 
They are some of those sung by the members of my father's 
two negro congregations in Orangeburg and Barnwell. They 
are so entirely different from those sung elsewhere that I 
can not help thinking that there was some unknown minstrel 
who sung and whose songs spread among them." 

1. Oh, come home, come home, come home, my Fader's children; 
Come home, come home, an' He ain't got weary yet. 

Refrain: 

Oh, He call you by de lightnin'. 
An' He call you by de t'under. 
An' He call you by de middle night cry. 
Oh, come home, etc. 



SOME BALLADS OF ISTOKTH CAROLINA. 35 

2. Oh, come home, come home, come home to my Fader's kingdom, etc. 

3. Oh, come home, come home, come home to de cross of Jesus. 

4. Oh, come home, come home, come home to de Saviour's bosom. 

* * * * 

Refrain: patience. 

It's good fuh to liab some patience, patience, patience, 

It's good fuh to hab some patience fuh to wait upon de Lawd. 

My brudder, won't you come and go wid me. 
My brudder, won't you come and go wid me, 
Fuh to wait upon de Lawd? 

Refrain: 

It's good to hab some patience, etc. 

My sister, won't you come and go wid me? etc. 
My fader, won't you come and go wid me? etc. 
My muddah, won't you come and go wid me? etc. 

{Last verse) : 
De ship is in de lia'bor, ha'bor, ha'bor, 
De ship is in de ha'bor, ha'bor, ha'bor, 
An I'se a-gwine home. 



O section, don't ring that bell no mo' [to be sung three times]. 
In that mornin', my Lord, in that mornin', my Lord, 
In that mornin' when the Lord says hurry. 

2. Lord, I'se done what you tole me to do, etc. 

3. Raphael, don't stop that shinin' sun, etc. 

4. O Gambler, you can't ride this train, etc. 

5. Gambler, no money won't pay your fare, etc. 
G. Micah goin' strike dat 'vidin' line, etc. 

7. Liar, you can't ride this train, etc. 

8. Lord, I feel like a motherless child, etc. 

9. Lord, I wish I never been born, etc. 
10. Drinker, you can't ride this train, etc. 

Another fragment : 

O my Lord, you promised to come by here [three times], 
In de mornin' when de Lord says hurry. 

O my Lord, I want to be yo' chile [three times]. 
In de mornin' when de Lord says hurry. 



36 THE ISrOKTH CAROLINA BOOKLET. 

When de sun fail to shine [three times] 
I'll go to God a-shoutin'. 

Refrain: 

You may have all dis worl' [three times], 
But glory be to God. 

When de moon turn to blood [three times] 
I'll go to God a-shoutin'. 

« » * * 

Lord's goin' set dis worl' on fire, 

Lord's goin' set dis worl' on fire some o' dese days, 

Lord's goin' set dis worl' on fire, 

Lord's goin' set dis worl' on fire some o' dese days. 

Lord don't want no coward soldiers, 

Lord don't want no coward soldiers in His band, 

Lord don't want no coward soldiers, 

Lord don't want no coward soldiers in His band. 

God's goin' ride on whistlin' chariot [repeat as first verse]. 

I'm goin' tell my Jesus howdy. 

I'm goin' kneel roun' de union table. 

I'm goin' walk an' talk wid angels. 

I'm goin' ride on de whistlin' chariot. 

We're all goin' kneel 'roun' de union table. 

We'll all be asleep, yes Lord, in glory. 

We all shall bow our heads in glory. 

We all goin' drink wine, drink wine in glory. 

Precisely similar in spirit and imagery are the religious 
songs yet popular among the darkies of the Brazos River 
bottom cotton plantations of Texas. One of the most mov- 
ing of a large number of these songs in my possession, I heard 
sung not long ago with powerful effect by a negro congrega- 
tion hid among the trees, just on the edge of one of the big 
fields of cotton in Brazos County, Texas, 

I got a mother in de Beulah Land, 

Outshine the sun, outshine the sun, outshine the sun; 
I got a mother in de Beulah Land, 

Outshine the sun, far beyond the sun. 



SOME BALLADS OF NORTH CAROLINA. 37 

Do Lord, do Lord, 

Do remember me; 
Do Lord, do Lord, 

Do remember me; 
Do Lord, do Lord, 

Do remember me, do remember me. 

When my blood run chilly and cold 

I got to go, I got to go, I got to go; 
When my blood run chilly and cold 

I got to go, way beyond the sun. — Chorus. 

Right under de cross, dere lies your crown, 
Dere lies your crown, dere lies your crown; 
Right under de cross, dere lies your crown. 
Way beyond de sun. — Chorus. 

The melodjj the pathos, the vivid phrasing, and the touch- 
ing faith of these old songs will finally win a place for them, 
in my judgment, in the future history of American literature. 

The most valuable of the mountain songs from North Caro- 
lina are probably those that have come from Miss Edith B. 
Fisk, of White Rock, ISTorth Carolina. Many of these are 
survivors of the old English and Scottish ballads yet held in 
cherished possession by the direct lineal descendants of the 
men and women who chanted the ballads in the old country 
centuries ago. Such ballads as 'Tair Eleanor," ''Lord 
Thomas," "Sweet Margaret," and "Barbara Allen," are 
widely known and yet sung to the old tunes by the modern 
people. Other songs popular among them are local songs of 
historic interest, or local songs recounting late events, usually 
tragedy. Moreover, among the mountains are found many 
of the frontier ballads of America that have drifted back east. 
Such songs as "The Buffalo Skinners," "The Cowboy's La- 
ment," and "The Dying Cowboy," picked up in Texas, and 
printed in my volume of Cowboy Songs, are often found 
among the mountaineers in the Asheville district. Miss Fisk, 
in writing of an old woman from whom she secured numerous 
songs, says : "She says she has always known them. When 



38 THE NORTH CAROLINA BOOKLET. 

she was a girl that 'is all they studied about,' and if she heard 
a song once she knew it. There was an old man who used to 
sing many a song when he 'got drunk,' and all gathered about 
him eagerly. She assured me that she knows 'one hundred 
love songs,' and 'one hundred songs of devilment.' She gave 
me Brothers and Sisters and Pretty Sarah, playing and sing- 
ing them for me." 

From this "old woman" Miss Fisk copied the following 
interesting songs of the Civil War : 

It was our hard general's false treachery 
Which caused our destruction in that great day. 
Oh, he is a traitor, his conduct does show; 
He was seen in the French fort six hours ago. 

And to be marked by the French, I am sure. 
There round his hat, a white handkerchief he wore; 
And one of our bold soldiers he stood by a tree, 
And there he slew many till him he did see. 

"Would you be like an Indian, to stand by a tree?" 
And with his broad sword, cut him down instantly. 
His brother stood by him, and saw he was slain. 
His passion grew on him, he could not refrain. 

"Although you're a general, brave Braddock," said he, 

"Eevenged for the death of my brother I'll be." 
When Washington saw that, he quickly drew nigh, 
Said, "Oh, my bold soldier, I'd have you forbear." 

"No, I will take his life, if it ruins us all." 
And Washington turned round to not see him fall. 
He up with his musket, and there shot him down. 
Then Braddock replied, "I received a wound." 

"If here in this place, my life I should yield, 
Pray carry your general, boys, out of the field." 

Then General Gatefore, he took the command, 
And fought like a hero for old Eng-e-land. 
He fled through the ranks, like a cat to her game. 
But alas, and alack, he was short-i-ly slain. 



SOME BALLADS OF NORTH CAROLINA. 39 

Then General Gates, he took the command, 
And fought like a hero for old Eng-e-land. 
He wished that the river had never been crossed 
And so many Englishmen shamefully lost. 

We had for to cross, it was at the very last. 
And crossing over the river they killed us so fast. 
Men fell in the river till they stopped up the flood, 
And the streams of that river ran down red with blood. 



Brave Washington he led the way to victory and renown, 
Planted the tree of liberty Great Britain can't pull down. 
The roots they spread from shore to shore. 

The branches reach the sky; 
The cause of freedom we adore, 

We'll conquer, boys, or die. 

Brave Tennessee has sent a band 

To fight at New Orleans; 
With British blood we'll wash the land. 

The Tories cord the sea. 

And with a shout our eagle roared, 

And fluttered as she flew; 
Her arms are like a lion grown, 

Her arms are ever true. 

There's Iowa and Kentucky, 

New knights with heart and hand ; 
There's several, too, the North we'll fight. 

Our Union to defend. 

"Pretty Sarah" and "Owen's Confession" are fairly illus- 
trative of the songs of local origin. 

When I came to this country, in 1829, 

I saw many lovyers, but I didn't see mine. 

I looked all around me and saw I was alone, 
And me a poor stranger, a long way from home. 

It's not this long journey I'm dreading to go. 
Nor leaving my country, nor the debts that I owe. 

There's nothing to pester, nor trouble my mind, 
Like leaving pretty Sarah, my darling, behind. 



40 THE NORTH CAROLINA BOOKLET. 

My love, she won't have me, as I do understand, 
She wants a freeholder, and I have no land. 

But I can maintain her with silver and gold, 

And it's many pretty fine things my love's house can hold. 

I wish I was a poet, and could write a fine hand, 
I'd write my love a letter that she could understand. 
I'd send it by the waters when the water overflows, 
I think of pretty Sarah wherever she goes. 

I wish I was a dove, and had wings and could fly. 
About my love's dwelling this night I'd draw nigh. 
And in her lily white arms all night I would lay. 
And watch some little window for the dawning of day. 

As pretty Sarah, pretty Sarah, pretty Sarah, I know, 
How much I love you, I never can show. 
At the foot of old Coey, on the mountain's sad brow, 
I used to love you dearly — and I don't hate you now. 



owen's confession. 

Come, all ye good people, far and near, 

That has come here this day to see my body put to death- 

Oh, for my soul do pray ! 

I would have you take warning from what you now do see; 
I pray you trust in honesty, and shun bad company. 

December past, in ninety-eight, as you may understand, 
That was the time we set out upon this cruel plan. 

Lewis Collins was a man that enticed me to go. 
To my eternal ruin, to my reproaching woe. 

It was our intention, a fortune for to make, 

Though, poor and happy men, we were met with a mistake. 

I went so far against the will of my poor wife so dear. 
The night before I left her my shirt she bathed in tears. 

Then down to Mr. Irlen's, Ohe therefore I was bent; 
To do any murder it was not my intent. 
Though, making for his money, he made toward his gun — 
And to save my own life, Ohe then I shot him down. 



SOME BALLxiDS OF NORTH CAROLINA. 41 

And to get his money we quickly did prepare, 
As it was well ordered, we got but little there. 

It being the first crime of the sort that ever I had done, 

My guilty conscience checked me so that from the house I run. 

Then to quit my company, Ohe therefore I was bent, 

To go to Wilkes among my friends, for that was my intent. 

But, ohe, his sad deluding he prest on me so hard, 
"As for the crime that we have done, why should you it regard?" 

By his insinuation some comfort I did take, 

And freely went along with him to my unhappy fate. 

The poor and unhappy rich I was to go on such a cause. 
And now I am condemned to die by justice and by law. 

I hear the carriage coming my body for to bear 
To the place of execution, death to encounter there. 

So fare you well, my loving wife, likewise my children dear, 
William Owen is my name, all ye that want to hear. 

Farewell to sun, moon, stars, all things that in them be. 
Farewell to earth with all her fruits — I have no need for thee. 

Come, sweet Lord, I humbly pray, and wash me in Thy blood. 
And in Thy praise continually my tongue shall sound aloud. 

The limits of this article forbid a detailed discussion of 
any of the songs, and I submit as the concluding one a song 
sung to my wife by Mrs. Davis of Britton's Cove : 

There was a Romish lady brought up in Popery; 
Her mother always taught her the priest she must obey. 
"0 pardon me, dear mother, I humbly pray thee now. 
For unto these false idols I can no longer bow." 

Assisted by her handmaid, a Bible she concealed, 
And then she gained instruction till God His love revealed. 
No more she prostrates herself to pictures decked with gold, 
But soon she was betrayed, and her Bible from her stole. 

"I'll bow to my dear Jesus, I'll worship God unseen, 
I'll live by faith forever — the works of men are vain. 
I can not worship angels nor pictures made by men; 
Dear mother, use your pleasure, but pardon if you can." 



42 THE NORTH CAROLINA BOOKLET. 

With grief and great vexation, her mother straight did go 
To inform the Roman clergy the cause of all her woe. 
The priests were soon assembled and for the maid did call, 
And forced her in the dungeon to fright her soul withal. 

The more they strove to fright her, the more she did endure; 
Although her age was tender, her faith was strong and sure. 
The chains of gold so costly they from this ladj^ took. 
And she, with all her spirits, the pride of life forsook. 

Before the Pope they brought her in hopes of her return. 
And then she was condemned in horrid flames to burn. 
Before the place of torment they brought her speedily; 
With lifted hands to heaven she then agreed to die. 

There being many ladies assembled at the place. 
She raised her eyes to heaven and begged supplying grace. 
"Weep not, ye tender ladies, shed not a tear for me. 
While my poor body's burning, my soul the Lord shall see. 

"Yourselves ye need to pity, and Zion's deep decay, 
Dear ladies, turn to Jesus, no longer make delay." 
In comes her raving mother, her daughter to behold. 
And in her hand she brought her pictures all decked with gold. 

"0 take from me these idols, remove them from my sight, 
Restore to me my Bible wherein I take delight. 
Alas, my aged mother ! Why on my ruin bent ? 
'Twas you who did betray me, but I am innocent. 

"Tormentors, use your pleasure, and do as you think best, 
I hope my blessed Jesus will take my soul to rest." 
Soon as these words were spoken, up steps the man of death. 
And kindled up the fire to stop her mortal breath. 

Instead of golden bracelets, with chains they bound her fast. 
She cried, "My God, give power — now must I die at last? 
With Jesus and His angels forever I shall dwell; 
God, pardon priests and people, and so I bid farewell." 

North Carolina collectors, who value this material prop- 
erly, will see to it, I feel sure, that not many years elapse 
before all this interesting material is taken down and de- 
posited in the libraries of the universities, where, in after 
years, it will be invaluable to students of humanity. These 
songs, coming straight from the heart of the folk, simple and 
direct, reflecting the social and intimate emotional life of the 
people, will eventually become priceless historical documents. 



A PAINTING OF THE BAPTISM 0¥ VIRGINIA DARE. 43 



A PAINTING OF THE BAPTISM OF 
VIRGINIA DARE 



At the annual meeting of the North Carolina Society 
Daughters of the Revolution, held in Raleigh at the home of 
the Corresponding Secretary, Mrs. Paul H. Lee, in January, 
1911, a most imjDortant resolution, and one that should arouse 
the interest of all patriotic Xorth Carolinians, was introduced 
by Mrs. E. E. Moffitt, who was the guest of honor on that 
occasion. 

This resolution was to raise funds sufficient to place in the 
Nation's Capitol at Washington a painting of the baptism 
of the first white child born on American soil, the best known 
of all children whose names are recorded in the annals of 
American history — the ill-fated Virginia Dare. It is need- 
less to state that the North Carolina Society, Daughters of 
the Revolution, which is ever keenly alive to the necessity of 
guarding and preserving our State's noble past, unanimously 
adopted this resolution. 

Below is given the resolve in full : 

FOREWORD. 

Among all the incidents of the early history of this nation, no one 
thing should stand out in bolder relief, more pathetic, or more signifi- 
cant of mighty and holy purpose than the baptism of Virginia Dare, 
which took place on Roanoke Island, on the shores of North Carolina, 
August 18, 1587. 

Whereas, In consideration of this great historic event which took 
place within the limits of North Carolina, and as no great public recog- 
nition has yet been made to bring before the world the great intention 
of our great colonizer, Sir Walter Raleigh, therefore be it 

Resolved, That as this, the "North Carolina Society of the Daughters 
of the Revolution," which has for its object the perpetuating and com- 
memorating great events in North Carolina history, take steps to have 
a painting executed of such merit as to entitle it to a place among the 
other notable paintings depicting great scenes in the history of this 
nation, which now adorn the Capitol at Washington. 

Second, That this Society raise sufficient funds for the picture, through 



44 THE NORTH CAROLINA BOOKLET. 

its own efforts and by petition to the Congress of the United States, for 
the completion of this object. Respectfully submitted, 

Mrs. E. E. Moffitt, 
Ealeigh, N. C, January, 1911. Honorary Vice-Regent. 

Committee signed by Miss Mary Hilliard Hinton of the Regent of the 
North Carolina Society of the Daughters of the Revolution. 

J\Irs. Louise Pittenger Skinner, Recording-Secretary, N. C. S. D. R. 

Mrs. Paul Hinton Lee, Corresponding-Secretary, N. C. S. D. R. 

Mrs. Mary Bates Sherwood, Treasurer, N. C. S. D. R. 

Miss Grace Bates, Librarian, N. C. S. D. R. 

Mrs. John E. Ray, Custodian of Relics, N. C. S. D. R. 

Mrs. Annie Moore Parker. 

Mrs. John Cross. 

Mrs. Hubert Haywood, Regent of the Bloomsbury Chapter, D. R. 

At the annual meeting of the General Society, held in 
Baltimore in May, it received the endorsement as a State 
Society work. 

On May 26, 1911, Hon. Lee S. Overman, Senior Senator 
from North Carolina, introduced this bill : 

A BILL FOR THE EXECUTION OF A SUITABLE AND CREDITABLE PAINTING 
DEPICTING AND PERPETUATING THE BAPTISM OF VIRGINIA DARE, THE 
FIRST KNOWN CELEBRATION OF A CHRISTIAN SACRAMENT ON AMERICAN 
SOIL. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the sum of ten 
thousand dollars, or so much thereof as may be necessary, be, and the 
same is hereby, appropriated, out of any money in the Treasury not 
otherwise appropriated, for the execution of a suitable and creditable 
painting depicting the scene of the baptism of Virginia Dare, which 
took place on Roanoke Island, on the shores of North Carolina, on the 
eighteenth day of August, fifteen hundred and eighty-seven; said paint- 
ing to be of such merit as to entitle it to a place among the notable 
paintings depicting and perpetuating other historic scenes of national 
interest which now adorn the w^alls of our National Capitol. 

It is indeed a gratification to be able to report that the 
said bill has passed two committees and been referred to the 
Committee on the Library. There also comes the news that 
there is hope of its passage. Both Senator Overman and 
Senator Simmons are working hard for this noble cause, 
which has been far too long unnoticed. 



MARKING SITE OF THE OLD TOWN OF BLOOMSBURY. 45 

MARKING THE SITE OF THE OLD TOWN OF 
BLOOMSBURY, OR WAKE COURT HOUSE 



PRESENTATION OF TABLET TO THE CITY OF RALEIGH 



The morning of April 26, 1911, was fair and bright, and 
it seemed that Nature herself smiled approval on the Blooms- 
burj Chapter, Daughters of the Revolution, and their gift to 
the citj, that should mark for future generations the location 
of the old town of Bloomsbury, the remembrance of which 
was fast fading from the mind of the oldest inhabitant and 
becoming an uncertain tradition. 

Bloomsbury had but a short life — about twenty years — 
but it was nevertheless during that time a social and politi- 
cal center. The home of Colonel Joel Lane was here, and the 
probabilities are, though history does not so state, that it was 
through his influence that it was chosen the county seat, as it 
was also through his influence that Raleigh was chosen our 
State capital. Colonel Lane was noted for his hospitality 
and fondness for social life, as well as for his influence in 
politics. Here great hunting parties assembled from all the 
country-side, and there is still standing today, in our Capitol 
Square, a tree but a short distance removed from Fayette- 
ville street which was in those days a favorite deer stand. 
To accommodate the crowds which assembled here, Colonel 
Lane had a tavern built, which was situated just across the 
road from his own residence. It was here that Tryon rested 
in 17Y1 from the 5th to the 8th of May, when he was gath- 
ering his forces to march against the Regulators, and when 
the army returned from Alamance, Colonel John Hinton dis- 
banded his detachment here. 

It was at Bloomsbury, in Colonel Lane's residence, that 
the Legislature was held in 1781, during the Revolution, and 
at this time and in this place Thomas Burke was elected 
Governor. 



46 THE NORTH CAKOLINA BOOKLET. 

The Bloomsburj Chapter, Daughters of the Kevolution, 
celebrated their first anniversary by this gift to the city. It 
was a happy and joyous occasion to them, to which all were 
invited, and many responded. It was the first occasion upon 
which a local historical spot had been marked in Raleigh. 
Mr. John W. Hinsdale, Jr., a descendant of Joel Lane, was 
marshal for the day, and he most gracefully introduced the 
various speakers. 

The services were opened by the Rev. W. McC. White, 
D.D., with an invocation, which was as follows : 

A PRAYER AT THE ESTABLISHMEiSfT OF A MEMORIAL STONE IN RALEIGH, 

APRIL 26, 1911. 

Thou Eternal One, we bow our heads in lowly adoration before Thee. 
Thou art God — even from everlasting to everlasting, Thou art God. 

From everlasting, from the beginning, or ever the earth was — Thou 
wast. In the beginning Thou didst create the heaven and the earth. 
Thou laidest the foundations thereof, when the morning stars sang 
together and all the sons of God shouted for joy. All things were made 
by Thee, and without Thee was not anything made that was made. 

As Thou hast been from everlasting, so Thou wilt be. Heaven and 
earth shall pass away — they shall perish — but Thou remainest; they 
shall wax old as doth a garment, and as a vesture shalt Thou fold them 
up, and they shall be changed; but Thou art the same and Thy years 
fail not. 

But, oh. Thou ever-living God, our days on earth are but as a shadow 
that passeth away — but as an evanishing cloud — as a watch in the 
night — as a tale that is told — as the grass; in the morning it groweth 
up and flourisheth, in the evening it is cut down, and withereth. As 
for man his days are as grass; as the flower of the field, so he flourish- 
eth. For the wind passeth over it, and it is gone, and the place thereof 
shall know it no more forever. 

Yet, oh. Lord, we children of men long for immortality, and would 
perpetuate the memory of our deeds on earth, and of our history hith- 
erto. And we have come now to set up this memorial stone to mark 
the beginnings of our city — lest we forget. Let it be unto us, we pray 
Thee, and unto them that come after us, a reminder of our origin, that 
from it we may measure, and rightly estimate and appreciate, Thy great 
goodness unto us in Thy providence over us all, the plentitude of Thy 
loving-kindness and the multitude of Thy tender mercies unto us. As 
we, or our children, or our children's children, look upon this stone. 



MARKING SITE OF THE OLD TOWN OF BLOOMSBURY. 47 

may we or they be moved to say with the patriarch of old: I am not 
worthy of the least of all Thy mercies which Thou hast showed unto 
Thy servant; with my staff I passed over, and now I am become two 
bands! With the pious Israelite may we stand to praise Thee, saying: 
A Syrian ready to perish was my father; and he went down into Egypt 
with a few, and became there a nation, great and. mighty and populous. 
So, oh. Lord, as we look back upon our humble beginnings and then 
turn to contemplate this imperial city in all its beauty and riches and 
power and glory, may our hearts fill up with grateful, loving adoration 
of Thee, our fathers' God, and our God. For Thou, Lord, art good, and 
Thy mercy endureth forever. 

Not unto us, not unto us, oh. Lord, but vmto Thee do we give the 
glory. And if ever in the pride of our hearts we are found saying, Is not 
this great Babylon, that I have built by the might of my power and 
for the honor of my majesty — forgive us, we pray. 

Oh, Lord, keep watch over this stone. And if it please Thee, let it 
remain in its place until that day when the elements shall melt with 
fervent heat, when the earth and the works that are therein shall be 
burned up. Nevertheless, we, according to Thy promise, look for a new 
heaven and a new earth, wherein dwelleth righteousness. And grant it 
of Thy mercy, oh. Lord, that we may inherit the new earth and dwell 
therein forever. And oh, that we may then, in eternal leisure, revisit 
in memory, or in spirit, or even in our own person, the scenes of our 
earthly history, and be permitted to trace out all Thy dealings with man 
from the beginning to the end. And as then with unclouded vision we 
see, no longer as through a glass darkly, but face to face; as we know, 
not in part, but the whole — we shall behold and admire and join with 
the saints of all ages in the song of Moses and the Lamb, saying. Great 
and marvellous are Thy works, oh, Lord God Almighty; just and true 
are Thy ways. Thou King of Saints. 

And now, God of our fathers, be Thou still a God unto us. Here we 
raise this Ebenezer; hitherto hast Thou helped us. And unto Thee do 
we look in faith for the unknown future. Guide Thou, govern Thou us 
all the days. This we pray in the name and for the sake of our Lord 
Jesus Christ. Amen. 

Mr. William B. Snow, who is the great-grandson of Wil- 
liam Boylan, who in 1818 purchased the estate of Bloomsbury 
shortly after it passed from the possession of the Lane family, 
and whose children and grandchildren have continuously 
owned the property until now, made the next address. Mr. 
John W. Hinsdale, Jr., introduced Mr. Snow. 



48 THE NORTH CAROLINA BOOKLET. 

Ladies and Gentlemen: 

In North Carolina we have heretofore paid too little attention to the 
past and to keeping our records straight. We have been content •with. 
doing, but have considered the remembrance of the deed accomplished 
as of minor importance. This was wrong, for a heroic deed forgotten 
had almost as well never have taken place. It is the remembrance of 
past glories that stimulates the youth of coming ages, and it requires 
a knowledge of the past to give those who live in the present a proper 
outlook. 

It is true that the founding of a town is not a heroic act, but the 
same spirit that produced the Regimental Histories of North Carolina, 
stimulates the activities of the North Carolina Historical Society and 
that originated the North Carolina Booklet and a score of other 
tokens of our new view of the past, is responsible for our presence here 
today to commemorate the founding of the old and almost forgotten 
town of Bloomsbury. 

I take pleasure in introducing to you Mr. Wm. B. Snow, who will 
make the address of the day. 

MR. snow's address. 

Ladies and Gentlemen: 

It is truly an honor, and no less a pleasure, which has been conferred 
upon me by the Bloomsbury Chapter of the Daughters of the Revolution, 
to address you upon an occasion so inspiring as the dedication and 
unveiling of the monument to commemorate this historic spot. 

While the people of a busy world are so engaged and absorbed by the 
daily affairs of life, the patriotic and self-sacrificing order of the 
Daughters of the Revolution, composed of the descendants of those who 
fought in the war of the Revolution for American independence, and 
created the greatest nation of the world, are industriously and nobly 
engaged in perpetuating the memory of those now historic times and 
events and in preserving the identity of the places which formed a 
setting for these scenes. Much does the present, and more will the 
future owe to these good women for their high-minded purpose. And 
so, today, they have erected here a monument to commemorate and 
identify the historic place of "Bloomsbury," the original County Seat 
of Wake County. 

In the year 1771, during the strenuous period of the reign of George 
III, Wake County was created by act of the Colonial Assembly, out of 
portions of the older counties of Cvimberland, Orange and Johnston; the 
origin of its name is disputed, as are other things and events pertaining 
to that period of our State's history, some ascribing it to the name of 
Royal Governor Tryon's wife, and others to that of his wife's sister. 



MARKING SITE OF THE OLD TOWN OF BLOOMSBURY. 4U 

Seven commissioners appointed by the Legislature located the county 
seat at Wake Cross Eoads, as the place had been theretofore called, be- 
cause it formed the junction of two or more of the important highways 
of the State leading to and from the then seat of the government at 
New Bern and the towns of Hillsboro and Salisbury. The seven com- 
missioners were Joel Lane, Theophilus Hunter, Hardy Sanders, Joseph 
Lane, John Hinton, Thomas Hines and Thomas Crawford. But as 
fitted the newly acquired dignity of the place, the name became changed 
to "Bloomsbury," which was the name of the home of Colonel Joel Lane. 
There still stands, in quiet beauty and imposing grace, the one object 
which has remained to mark the location of the historic place, the old 
Colonial home, at that time the stately mansion, of Colonel Joel Lane, one 
of the great men of his day. Upon a gentle slope, it overlooked the 
surrounding lands, the only residence for distances around, the gathering 
place for the commanding men and fair women of its times, to whom 
its open doors offered the pleasures afforded in those days by a people 
noted for their Southern hospitalitJ^ There, too, occurred many of the 
important gatherings and meetings which formed eventful epochs in 
those days when men's minds were filled and their hearts throbbed 
with the pulsations of war. There, too, met, on June 23, 1781, the 
General Assembly of the Colony, and elected Thomas Burke, Governor 
of the Colony. There, too, oftentimes, went the Governor to seek advice 
and assistance from Colonel Lane. It was at Bloomsbury that the 
Governor and the officers in command of the King's soldiers assembled, 
and from there proceeded on their march to Hillsboro to meet the 
Regulators, and to further advance to the battle of the Alamance. 

When the county seat was established, the Wake court house and jail 
were built, their location being probably to the south of the Lane 
residence and near the present railway tracks, where they remained 
for more than twenty years and until after the town of Raleigh had 
been created. In 1818, Bloomsbury and the large tract of surrounding 
land, extending to the present grounds of the Central Hospital on the 
south, to Hillsboro street on the north, to the Seaboard Air Line on 
the east, and Pullen Park and Rocky Branch on the west, became the 
property of William Boy Ian, in whose family it has constantly remained, 
descending to his namesake and grandson, who is its present owner. 
At the time of its acquirement by the Boylan family, Bloomsbury was 
the only residence within the limits of the tract of land, and for many 
years, until the modern city of Raleigh arose, and its open areas be- 
came traversed by streets and modern residences sprung up, it still 
overlooked, in all its historic grandeur and importance, the broad domain 
of which it had been the central figure. The loving care bestowed upon 
it by those who have cherished its history has kept it in a remarkable 



50 THE NORTH CAROLINA BOOKLET. 

state of preservation, and may the result of these exercises today be to 
sustain the interest of the public in its noble past. 

The living descendants of Colonel Joel Lane are numerous in the city 
of Raleigh, and well known and distinguished as befits the descendants 
of so eminent a character in the history of Bloomsbury and of their 
county and State. 

Colonel Lane had six sons and six daughters, and time forbids that 
I should attempt to mention the names of the numerous descendants. 
Among them, however, are the ]\Iordecais and the Devereux, of whom the 
accomplished and esteemed John W. Hinsdale, Jr., adds to the success 
and enjoyment of these ceremonies by his services as Chief Marshal of 
the occasion; and the two handsome and attractive young boys, William 
and Gavin Dortch, who will by unveiling the monument thus con- 
tribute their part towards the success of the occasion. 

So much for the history of Bloomsbury. As we stand in the midst 
of surroundings hallowed by memories so dear to the hearts of a 
patriotic people, and look through the vista of the past, we marvel at 
the changes which have come with time. No longer is the scene one 
bright with the movements of Revolutionary troops, and Bloomsbury 
stands surrounded with modern homes, its once solitary grandeur gone. 
In the years which are to come, future generations will no longer have 
the pleasure which is ours today, to look upon the home that was once 
so intimately associated with an eventful past. But when that time 
shall come this imposing monument shall speak to them a story they 
may never read in books, and they will be the better for it. They will 
know of the patriotism of a people who loved their past and loved to 
honor it. And they will tliink with increased admiration of the splendid 
work of that band of noble hearted women who devoted their efforts to 
the task of making immemorial those things so often soon forgotten, 
the Daughters of the Revolution. 

After Mr. Snow's address, Miss Mary Hilliard Hinton, 
State Regent of the North Carolina Society, Daughters of 
the Revolution, in hehalf of the Bloomsbury Chapter, pre- 
sented the memorial to the city, in the following graceful 

manner. 

MISS hinton's address. 

Today we stand upon Wake's most historic ground, and in placing 
this memorial do reverence the brave men and noble women who have 
gone before, the fruits of whose labors later generations have enjoyed. 

The various periods of our history are here combined; therefore 



MARKING SITE OF THE OLD TOWN OF BLOOMSBURY. 51 

naturally an onlooker becomes retrospective. His thoughts revert to 
the days when these acres formed a part of a vast wilderness, untouched 
by civilization save at energy-stirring distances, when conveniences 
were a dream of a future that was yet to dawn. Gradually it became 
the center of a large county, later its seat of government. Next, the 
horrors of a civil war overshadowed the Province, and Governor Tryon 
here gathered together his army, loyal subjects of a British sovereign, 
and marched hence to meet the Regulators on the field of Alamance. 
In a short space the men who defended the crown's rights were assert- 
ing their own. In the midst of that long struggle for independence, the 
General Assembly honored Colonel Lane with its presence, and in yonder 
Colonial home, the oldest we can claim, the brilliant Thomas Burke 
was elected Governor of North Carolina. Then came the efforts to 
locate the State's capital permanently, and Colonel Lane won, selling 
one thousand acres and donating five lots for the new town. Lastly, 
the selection of a name that should be a source of pride to every 
English-speaking individual, carries us back to the time of the "Lost 
Colony" and the beginning of England's power. 

In marking this site, the Bloomsbury Chapter, in celebration of its 
first birthday, imparts information known only to the minority. 

Monuments and tablets are regarded by a majority of our country- 
men as an utterly useless expenditure of money. To the thoughtful 
they are an essential means of teaching history, of arousing that 
national love without which a man can claim no country. It is a 
pronounced characteristic of the Anglo-Saxons to revere the deeds and 
memories of their antecedents and to lose no opportunity of preserving 
their records beyond the archives of state, even though centuries may 
elapse without some achievement. From this line of progenitors we are 
visibly inheriting this excellent trait. 

The flame of patriotism which is adorning our land, by perpetuating 
its glorious past in bronze, stone, marble and on canvas, is not the 
passing fad of an hour; it is the safeguard of progress, preventing the 
vandalic supremacy of materialism that threatens the life of the New 
World. 

To the aldermen and officials of the city, who by their generous assist- 
ance have made this event possible, we extend our heartfelt gratitude. 

On behalf of the Bloomsbury Chapter, North Carolina Society Daugh- 
ters of the Revolution, and at the request of our Regent, Mrs. Hubert 
Haywood, it affords me infinite pleasure to present this tablet and 
stone to our city of Raleigh, through her most highly esteemed Mayor, 
the Honorable J. S. Wynne, asking that the said memorial receive their 
care and trusting that it may serve to arouse a proper sense of State 
and national pride in the citizens of this county. 



52 THE NORTH CAROLINA BOOKLET. 

The Hon. J. S. Wynne, Mayor of the city, accepted the 
memorial for the city, in a brief address. 

HON. J. s. Wynne's address. 
Daughters of the Revolution. 

Ladies: — It gives me peculiar pleasure to accept, on behalf of the 
city of Raleigh, this tablet, which your public spirit and your pride in 
history have caused you to place on this spot, for it is the first tablet 
set up to mark any point in Raleigh which has a bearing upon local 
events or places. The time has come to take up this work of thus 
placing memorials of this character, for Raleigh, though it has only a 
little more than a hundred years of history behind it as the capital of 
the great Commonwealth of North Carolina, yet long before that honor 
was conferred, this locality was the scene of incidents which bear upon 
our colonial history. In accepting this enduring bronze memorial to 
mark the site of old "Bloomsbury," I take pleasure in making the high- 
est public acknowledgment of the appreciation of Raleigh and of Wake 
for the thoughtful care which has caused you to take this very proper 
step, and I thank you for what is but an added evidence of your high 
purpose to instill pride in the memories of the great past in the minds 
of our people. 

At the close of Mayor Wynne's address, Mr. Hinsdale 
announced that the tablet would be unveiled by Masters 
William and Gavin Dortch, descendants to the seventh gener- 
ation from Joel Lane, and whose silver knee buckles were used 
to clasp the regalias which these little boys wore on this occa- 
sion, when they had come to do honor to their ancestor. 

The benediction by Dr. White closed the services. 

The Daughters of the Eevolution are under many obli- 
gations to the Board of Aldermen, Mr. R. B. Seawell, city 
engineer, and Mr. W. A. Cooper, alderman and city street 
commissioner ; also Mr. Marshall DeLancey Haywood, with- 
out whose advice, kindness and co-operation this memorial 
would not have been possible. 

The tablet is placed on a natural boulder of Wake County 
granite, which is located at the comer of Boylan Avenue and 



MARKING SITE OF THE OLD TOWN OF BLOOMSBURY. 53 

Morgan street. It is of bronze, and bears the following in- 
scription : 

On and Aroujstd This Spot 
Stood the Old Town of 

BLOOMSBURY 

OK 

WAKE COURT HOUSE 

Which was Erected and Made the County-seat 
WHEN Wake County was Established in 1771. 

This place was the rendezvous of a part of Governor Tryon's army 

WHEN HE marched AGAINST THE REGULATORS IN 1771; HERE MET THE 

State Revolutionary Assembly in 1781; and to this vicinity was 

removed the seat of government when THE CAPITAL CITY OF RALEIGH 

was incorporated in 1792. 

This Memorial Placed by 

bloomsbury chapter 

Daughters of the Revolution 

A. D. 1911. 

Emily Benbury Haywood, 

Regent Bloomshury Chapter, D. R. 

References : 

Haywood's Joel Lane, Pioneer and Patriot. 
Amis's Historical Raleigh. 



54 THE NORTH CAROLINA BOOKLET. 

BIOGRAPHICAL, GENEALOGICAL AND 
HISTORICAL MEMORANDA 

COMPILED AND EDITED BY MRS. E. E. MOFFITT. 

MAJOR WILLIAM ALEXANDER GRAHAM 

The subject of this sketch, and the author of the article 
in this number of The Booklet entitled "The ISTorth Caro- 
lina Union Men of Eighteen Hundred and Sixty-one," is a 
native of Hillsboro, North Carolina. His home residence is 
at Machpelah, Lincoln County, IST. C, one of the oldest 
communities in the State and first settled by his forefathers. 

Major Graham is the grandson of General Joseph Graham 
(1759-1836), the distinguished Revolutionary patriot, whose 
life is conspicuous in the annals of North Carolina. 

Major Graham is the son of Governor William A. Graham 
(1804-1875), of Hillsboro, North Carolina, and Susan 
(Washington) Graham, his v^ife. Of the large family left 
by Governor Graham, many have already made their mark, 
among them his son. Major Wm. A. Graham. He was born 
in Hillsboro on December 26, 1839; educated at the Uni- 
versity of North Carolina and at Princeton, where he gradu- 
ated in 1860. 

He entered the Confederate army as a first lieutenant of 
Company K, Second North Carolina Cavalry, and on May 1, 
1862, was promoted to a captaincy, and was at Gettysburg, 
July 30, 1863, where he was wounded. After this he was 
Assistant Adjutant General, in which capacity he served 
during the war. In 1874, he was elected to the State Senate 
from Lincoln and Catawba counties, and was re-elected from 
same district, 1876. 

Major Graham married (1864) Julia, daughter of John 
W. Lane, of Amelia County, Virginia, by whom he has an 
interesting family. 



BIOGRAPHICAL AND GENEALOGICAL. 55 

Major Graham has always been a devoted student of his- 
tory, and has made valuable contributions in its preservation. 
In 1904 he published a history of his grandfather, General 
Joseph Graham, in which is published his Revolutionary 
papers, with an epitome of North Carolina's military services 
in the Revolutionary war and of the laws enacted for raising 
troops. This is a most valuable work, and which required 
the most extensive research for the facts contained therein, 
dating from the settlement in 1750 of the Scotch-Irish emi- 
gration, to the year 1782, inclusive. They are authentic and 
based on manuscripts and original records. 

The Booklet is indebted to Major Graham for several 
articles on great events in North Carolina history. Vol. IV, 
June, 1904, he wrote on the "Battle of Ramsaur's Mill," a 
battle which is little known in general history, yet one of the 
most important in results and best fought of the Revolution. 
It destroyed Toryism in that section. In this fight with 
Cornwallis, forty were killed and one hundred wounded out 
of four hundred engaged. The defeat and rout of three 
times their number is certainly worthy of note. This battle 
field is now within the limits of Lincolnton, and yet remains 
to be marked by a patriotic people. 

Vol. V, January, 1906, contains another article by Major 
Graham, on "The Celebration of the Anniversary of May 20, 
1775." This was the first celebration of the anniversary of 
the Mecklenburg Declaration of Independence, Charlotte, 
]Sr. C, May 20, 1835. The attendance was estimated to be 
at least five thousand, participated in by many distinguished 
citizens of the State. At the dinner many speeches were 
made on the political questions of the day. General Joseph 
Graham was there and responded to the toast, "Our guest. 
General Joseph Graham, the living tvitness of the scene ive 
have met to commemorate, and the bold and intrepid defender 
of its principles." 



56 THE NORTH CAEOLINA BOOKLET. 

General Graham replied, giving his individual experience 
relative to that event. He was personally acquainted with 
those venerable fathers, and had heard the discussion on 
those resolutions, and believed that the signers were actu- 
ated by pure patriotism, governed by no motive but the 
country's welfare, etc. The account of this celebration is 
from the Miners and Farmers Jouriial, Charlotte, IST. C., 
May 22, 1835. The address of General Graham is from the 
Western Carolinian, Salisbury, N. C., June 20, 1835. 

Again, in Vol. V, April Booklet (1905), Major Graham 
contributed another interesting article, entitled, "The Battle 
of Cowan's Ford, N. C. — The Passage of the Catawba River 
by Lord Cornwallis, February 1, 1781." In this article the 
patriots of Rowan, Mecklenburg and Lincoln counties are 
given due credit for valor and readiness for the service in 
the struggle for Independence. They were in fact soldiers 
cantoned upon their own families, ready to immediately re- 
spond to a call for service, and to provide for their own 
findings, in clothes, arms and ammunition. Their swords 
and scabbards were made principally by the smiths and shoe- 
makers of the vicinity in which the men lived. GeogTaphi- 
cally, this was the storm center of the Revolution, and with 
the crudest of accoutrements, such as present warfare de- 
mands, these men, undaunted by fear and with unflinching 
determination, stood ever ready to defend their homes and 
firesides against the invasion of a foe that had wantonly 
trampled on their rights. Well worthy to be kept in remem- 
brance by a loyal people ! It was recorded in "Tarleton's 
Campaigns" that the counties of Mecklenburg and Rowan 
were more hostile than any other in America. 

The declaration made by Tarleton to Cornwallis that "he 
had gotten into a hornet's nest," has become a classic, as it 
were. This epithet was gloried in by the j^atriots of that 
day and is yet held as a badge of honor and is emblazoned 



BIOGRAPHICAL AND GENEALOGICAL. 57 

on the monument that stands in a public square of Char- 
lotte, N. C, which was erected to the patriots of Mecklen- 
burg of 1775. 

Major Graham, after filling many positions of honor and 
trust, was chosen some years ago as the head of the ]^orth 
Carolina Department of Agriculture, and still continues in 
that ofiice and makes his business home in the city of Ral- 
eigh. His experience as an active and successful farmer won 
for him a place not easily filled. In this position he has 
the confidence of the people, and the Department is to be 
congratulated that one so efficient and up to date in methods 
of agriculture, is at the forefront to lead and advise. Major 
Graham's activities in his county and State have led to many 
important improvements in methods of agriculture and the 
administration of law, and always with no spirit of self- 
aggrandizement, but for the good of the whole. 

The JSToeth Carolina Booklet has been enriched by 
his historical articles, and hopes for others, that its readers 
may become more familiar with events in our State's history 
which have had less prominent attention than they deserve. 



PROFESSOR JOHN A. LOMAX 

John A. Lomax writes for this issue of The Booklet 
''Some Ballads of iSTorth Carolina," and though not a native 
of this State, he is a Southerner and takes unusual interest 
in all that concerns this section of the United States. He 
was born in Mississippi and his parents removed to Texas 
when he was but one year old. He was educated at the 
University of Texas, where he took both the A.B. and M.A. 
degrees. He afterwards studied in Harvard University, 
where he was awarded the degree of Master of Arts. 

During his residence in West Texas he lived near 'one of 
the old cattle trails, and naturally became interested in cow- 
boy songs, which finally resulted in a collection of these songs, 



58 THE NORTH CAEOLINA BOOKLET. 

published in 1910. His work in ballad collecting has re- 
ceived the recognition of Harvard University, by his appoint- 
ment for two successive years as Sheldon Fellow for the in- 
vestigation of American ballads. 

After graduating from the University of Texas, Mr. Lo- 
max served for six years as Kegistrar, and then became 
Instructor in English in the Agricultural and Mechanical 
College of Texas, and afterwards Associate Professor of Eng- 
lish in that institution. He is at present again connected 
with the University of Texas as Secretary of the University 
and Assistant Director of the Department of Extension. 
He expects eventually to issue a series of volumes, possibly 
as many as six, covering the whole field of the American 
ballad. 

The pages of The Booklet are ever open to literary pro- 
ductions of this nature, and especially to such as relate to 
ISTorth Carolina and her people. 



DR. RICHARD DILLARD 

A biographical sketch of Dr. Dillard was published in the 
July Booklet^ October, 1906.* 

Dr. Dillard was one of the first contributors, his leading 
article, "The Edenton Tea Party of October 25, 1774," and 
which was commented on in the biographical sketch. Since 
that time Dr. Dillard has contributed five other interesting 
articles, a list of which we append : 

(2) "Hayes, and Its Builder," Vol. II, December, 1902. 

(3) "The Indian Tribes of Eastern ISTorth Carolina." 

(4) "St. Paul's Church, Edenton, 'N. C, and Its Associa- 
tions," Vol. V, July, 1905. 

(5) "Some Heroines of the Revolution in ISTorth Caro- 
lina," Vol. VIII, April, 1909. 

(6) "Some Early Physicians of the Albemarle," Vol. XI, 
July, 1911. 

*Thi3 was the first year, beginning in July, 1906, that the Biographical and Genealogical 
Memoranda was introduced as a feature of this publication. 



EOWAN COUNTY WILLS AND MABKIAGE BONDS. 59 



ROWAN COUNTY WILLS 



COMPILED BY MRS. M. G. McCUBBINS. 



Alexander Clingerman, a farmer (Book C, page 234), 
June 19, 1803. Wife : Elizabeth. Sons : Michael (land on 
Second Creek), Jacob (the youngest and not of age), George 
(the eldest), Peter, Henry. Daughters: Esther and Cather- 
ine. Executors : Sons Michael and Peter and friend Fred- 
rick Fisher. Test : David Woodson and Martha Woodson, 

Augustine Davenpord (Book E, page 238), September 30, 
1Y99. Wife: Mary "Davenport." Daughters: Sary, Detphy, 
Susanna Jane, Anna, Mary, Elizabeth. Sons: Augustine, 
James, David, Joel and Jesse. Executors: Wife Mary, son 
Augustine, and son-in-law Thomas Jackson. Test : William 
Jackson and Geremias Arnold. 

Thomas Allison (Book E, page 272), February 12, 1780. 
Wife : Martha. Sons : Richard and Thomas. Daughters : 
N^aomi and Ann (there may be other children). Executors: 
Adam and Theophilus Allison. Test : James Tinley and 
Theophilus Simonton. 

Eobert Wilson (Book D, page 239), June, 1797. Wife: 
Elizabeth. Daughters : Mary Davis, Rachel Parke and Eliz- 
beth Ennox (this may have been his wife[ ?]). Step-grand- 
son : Wilson Jones. Witnesses : Richard Wilson and John 
Wilson, Jr. 

John Wilson (Book D, page 242), May 10, 1800. Sons: 
John (all of the land to him and his son Andrew), James, 
Samuel. Daughters: Elizabeth Frost, Mary Boon, Sarah 
Harper. Executors : Son John and Spruce Macay. Test : 
Elizabeth Macay, Jacob Wiseman, Jurat ( ?) and Spruce 
Macay. 

Elizabeth Wilson (Book E, page 10), February 19, 1799. 
(She was from county of York, in South Carolina.) ISTiece : 



60 THE ISrORTH CAROLINA BOOKLET. 

Mary Thomson. Umprej Williams. Test : Thaddeus Shur- 
ley, Moses Thomson and Francis Whitney. 

Thomas Bell (Book B, page 147), November 15, 1792, 
and probated in 1800. Wife: Catharina. Daughters: Agnes 
Heed and Elizabeth Carradine. Sons: William (the eldest), 
Thomas, James. Grandson: John (son of James). Son-in- 
law : Patrick Sloan. Witnesses : David MclSTeely, Archibald 
MclSTeely, Jr., and James Brandon. 

MARRIAGE BONDS* OF ROWAN COUNTY, N. C. 

James Andrews to Martha ISTiblock. May 14, 1762. 
James Andrews, Richard King and Henry Horah, Robert 
Johnston. (Will Reed.) 

David Alexander to Margaret Davison. April 1, 1762. 
David Alexander, Henry Lively and John Johnston, Will 
Morrison. (Will Reed.) 

William Archibald to Martha McCorkell. January 8, 
1765. William Archbald, Alexr. M. Corkle and John Arch- 
bald. (John Frohock.) 

Thomas Archbald to Martha Edmont. March 23, 1765. 
Thomas Archbald and John Edmont. (Thomas Frohock.) 

William Adams to Eliz*"^ Edmond. January 25 ( ?), 1766. 
William (his X mark) Adams, David Black and Joseph (his 
X mark) Erwin. (Thomas Frohock.) 

John Ashurst to Judith Johnson. October 22, 1767. John 
(his X mark) Ashurst and William Frohock. (Thos. Fro- 
hock.) A note enclosed from bride's father, Gideon Johnson. 

John Adams to Winne Bussell. August 15, 1768. John 
Addams and Edward Turner. (Thomas Frohock.) The 
following note from the bride's father : '^Cornall frohock 
Sir please to grant John Addams Lisons to mary my daugh- 
ter Winne and you will oblige your friend Given from 
under my hand on this 15 day of August 1768 Farnsed( ? ) 
Bussell, Elizabeth Bussell." 

*Some are almost illegible and some have the same name spelt in two ways. When 
possible I have copied the signatures. 



ROWAN COUNTY WILLS AND MARRIAGE BONDS. 61 

William Armstrong to Margaret Woods. August 23, 1768. 
William Armstrong, William Temple Cole and John Bran- 
don. (Tho. Frohock.) 

Abel Armstrong to Margret Cowan. September 16, 1768. 
Abel Armstrong, James Dobbin and Jas. Brandon. (Thom- 
as Frohock.) 

William Alexander to Mary Brandon. January 21, 1769. 
William Alexander and John Dunn. (Tho. Frohock.) 

Adam Allison to Mary Barr. January 6, 1770. Adam 
Allison and Andrew Allison. (Thomas Frohock.) A note 
from bride's mother, ''Ceatherin Barr." 

Gabriel Alexander to Jane Black. January 19, 1770. 
Gabriel Alexander, David Black and Max : Chambers. 
(Thomas Frohock.) 

Thomas Allison to Martha Gillespy. January 20, 1770. 
Thomas Allison, Benj.^ Milner and Thomas Frohock. (John 
Frohock. ) 

Timothy Anderson to Elizabeth Sloan. March 20, 1770. 
Timothy Anderson and William Moore. (Thomas Frohock.) 
A note from bride's father, Scot( ?) Henry Sloan, giving 
permission for "Bettey" to be married on Thursday. 

William Aldridge to Hannah Bell. December 18, 1772. 
William (his W mark) Aldridge and John Littel. (Ad. 
Osborn.) A note from John Irvin saying that Hannah Bell 
was a ''free woman" who lived in his home. Dated from 
Hunting Creek, December 16, 1772. 

Robert Adams to Elizabeth Fleming. February 19, 1773. 
Robert Adams and Alexander Endsley. (Max: Chambers.) 

Robert Arthurs (Arteres ?) to Sarah Allen, a widow. 
March 1, 1773. Robert Arteres, Adam Terrence (Tarance?) 
and Moses Winsley. (Ad. Osborn.) 

James Alexander to Margaret Ireland. May 7, 1773. 
James Alexander and James Ireland. (Ad. Osborn.) 

Henry Aggenger( ?) to Maria Mothllena Kircher( ?), 



62 THE NORTH CAROLINA BOOKLET. 

June 15, 1774. Henrj Aggenger( ?) and Philip Virvill( ?). 
(Ad Osborn.) 

Richard Armstrong to Margaret Osborn. December 27, 

1774. Richard Armstrong and Ad Osborn. (jSTo name.) 
Christoj)her Aesan to Margaret Smith. September 4, 1775. 

Christopher (his X mark) Aesan and Daniel Smith and John 
Lowrance. (D*^ Flowers.) 

Henry Aggner( ?) to Elizabeth Erry( ?). September 30, 

1775. Henry AggTier( ?) and Anthony Soett. (D^^ Mowers.) 
William Adams to Mary Baker, December 6, 1775. Wil- 
liam (his a mark) Adams and Charles (his C mark) Baker. 
(Max: Chambers.) 

John Andrews to Jean McCuan( ?). March 28, 1776. 
John Andrews and James McKenn( ?), (Ad. Osborn.) 

Jacob Adams to Mar Touson( ?). January 7, 1777. Jacob 
(his X mark) Adams and Spencer (his X mark) Adams. 
(No name.) 

John Alexander to Susanna Alexander. Xovember 7, 
1778. John Alexander and Samuel Hogsed. (Ad. Osborn.) 

William Anderson to Elizabeth Homes. August 6, 1779 
William Anderson and Francis (his X mark) Homes. (Jo. 
Brevard.) 

Benjamin Abbott to Mary Hudgins. March 16, 1781 
Benjamin Abbott and Ad. Osborn. A note from bride's fa 
ther, William Hudgens. 

Daniel Adams to Sarah Irvin. Xovember 7, 1780( ?) 
Daniel (his X mark) Adams and Walter Irvin ( ?). (H 
Giffard?). 

William Abbot (a planter) to Lydia Grist (a spinster). 
February 28, 1780. William (his X mark) Abbot and Ben- 
jamin (his X mark) Grist. (B. Booth Boote?). 

Matthew Adams to Anne Howsley. February 20, 1780. 
Matthew (his X mark) Adams and Robert (his X mark) 
Howsley. (B. Booth Boote ?) 



KOWAN COUNTY WILLS AND MAKRIAGE BONDS. 60 

Peter Albright to Mary Dillon. February 5, 1780 (?). 
Peter (his X mark) Albright and Michael Albright. (No 
name. ) 

John Avitts to Sarah Pimmonton. October 18, 1779. 
John (his J mark) Avitts and John (his X mark) Hunts- 
man. (Jo. Brevard.) 

Benjamin Albenny to Sarah Gracy( ?). January 7, 1782. 
Benjamin Albenny and John Greacey. (No name.) 

James Andrew to Mary Scott. February 22, 1782. James 
Andrew and Eobert Scott. (Ad. Osborn.) 

George Admire to Euth Jones. (Xo date.) 1781 ( ?) 
George Admire, James (his X mark) Jones. (Xo name.) 

John Andrews to Margaret Andrews. March 4, 1783. 
John Andrews and John Andrews. (Will™ Crawford.) 

Joseph Arthur to Sarah Duncan. June 17, 1783. Joseph 
Arthur and Thos. Duncan. (Ad. Osborn.) 

Pichard Allison( ?) to Lettice( ?) Xiel. July 26, 1785 ( ?) 
Pichard Allison and William Xiell. (H. Magoune.) 

Joseph Andrews to Zephiah Barnes. May 5, 1786. Jo- 
seph (his X mark) Andrews and W. Moore. (John Macay.) 

John Alexander to June (?) Lackey. February 2, 1786. 
John Alexander and George Leckey (Luckey or Leekey). 
(Xo name.) 

Theophilus Allison to Elizabeth Xiel. January 10, 1786. 
Theophilus Allison and Andrew Snopdey( ?). (Wm. Erwin.) 

Frederick Allimong to Hughley Shersate. December 19, 
1786. Frederick (his X mark) Allimong and Daniel Alle- 
mong. (Jno. Macay.) 

Thomas Adams to Mary Lynon( ?). February 22, 1787. 
Thomas (his X mark) Adams and William Scudder. (Edm 
Gamble.) 

James Adkins to Anne Johnston. April 2, 1787. James 
Atkinson and Obadiah Smith. (Jno Macay.) 



64 THE NORTH CAROLINA BOOKLET. 

Ephrame Adams to Eleonor Brian. September 25, 1789. 
Epbrame (his X mark) and Daniel (his X mark) Adams. 

Daniel Allemong to Elizabeth Bartlett. Eebruarj 7, 1788. 
Daniel Allemong and Xicbolas Bringle. (J. McCunn.) 

Thomas Allen to Marjira Brion. May 26, 1789. Thomas 
Allen and William huey ( ?). (W.[ ?] J. L. Alexander.) 

Silvester Adams to Hannah Stineen. July 8, 1790. 
Silvester (bis X mark) and Epbram (bis X mark) Adams. 
(Basil Gaither.) 

James Aytcherson, Jr., to Cristina Miller. February 25, 
1791. James (bis X mark) Aytcherson, Jr., and Stephen 
(his X mark) Xoland, Senior. (Basil Gaither.) 

Isaac Adams to Hannah Fillips. June 25, 1791. Isaac 
(his X mark) Adams and Edmond (bis X mark) Adams. 
(Basil Gaither. 

Abraham Adams, Jr., to (a blank) Howard. August 25, 
1791. Abraham (bis X mark) Adams, Jr., and John Ball. 
(Basil Gaither.) 

Abel Armstrong to Mary Roseborough. December 7( ?), 
1791. Abel Armstrong and Chas. Harris. (Chs. Caldwell.) 

Isaac Adams to Margaret Winford. May 22, 1792. Isaac 
(his X mark) Adams and Daniel (bis X mark) Adams. 
(G. Enochs?). 

Richard Armstrong to Elizabeth Gibson. Aug. 8, 1792. 
Richard Armstrong and Henry Hughey. (Chas. Caldwell.) 

Thomas Anderson to Martha Dickey. October 8, 1792. 
Thomas Anderson and Mick Troy( ?). (Jo. Chambers.) 

Hugh Allen to Martha Swan. Xovember 10, 1792. Hugh 
Allen and Richard Trotter. (Jo. Chambers.) 

John Adams to Mary Hunt. February 15, 1793. John 
Adams and William Lucky. (Jo^ Chambers.) 

John Aldridge( ?) to (no name). February 26, 1793. 
John Aldrige and G. Wood. (Jo® Chambers.) 



EOWAN COUNTY WILLS AND MARRIAGE BONDS. 65 

Alexander Auston to Anna Braly. March 23, 1793. Alex- 
ander Aston and John Braly. (Max Chambers.) 

Nicholas Aldrege to Sarah Knock. August 9, 1793. 
Nicholas Aldrege and Fredrick (his X mark) Allimong. 
(Jo^ Chambers.) 

Jeremiah Allen to Susanah Spoon. October 2, 1794. 
Jeremiah (his X mark) Allen and Evan X Davis. (John 
Eccles, Esqr.) 

Peter Adams to Ann Smith (or Sneth?). December 29, 
1794. Peter Adams and Leonard Crider. (M — Troy.) 

Killian Jarrett to Eliz. Clingerman. January 2, 1795. 
Killian Jarrett and John ( ?) (Xo name.) 

James Anderson to Mary Graham. May 27, 1795. James 
Anderson and Andrew Irwine. (I Troy, D. C.) 

William Adams to Elenor Simpson. March 18, 1795. 
William (his X mark) and Ross Simson. (I. Troy, D. C.) 

John Adams to Esther Hawkins. October 3, 1795(?). 
John Adams and Isaac Jones. (I. Troy.) 

Thomas Avery to Peggy Buck. May 12, 1797. Thomas 

(his A mark) Avery and John (his A mark) Avery. ( 

Rogers ?) 

John Adams to Betsy Reed. January 30, 1797. John 
Adams and Wm. (his X mark) Adams. (Xo name.) 

George Andrews to Catharine Barr. December 8, 1798. 
George Andrews and John Barr. (Edwin J. Osborn, D. C.) 

Samuel Anderson to Anna Knox( ?). January 24, 1800. 
Samuel Anderson and Robert Johnton. (Edwin J. Osborn.) 

Isaac Anderson to Elizabeth Hunter. March 14, 1801. 
Isaac Anderson and John (H) Howard. (John Brem [ ? ], 
D. C.) 

James Anderson to Xelly Miller. October 3, 1801. James 
Anderson and William Wood. (Jno. Brem [ ? ], D.) C. 

Daniel Ageuer to Resina( ?) Basinger. July 12, 1802. 
Daniel Agener and Jacob Ribeler ( ?). (Jno. Brem, D.) C. 
5 



66 THE NOETH CAEOLINA BOOKLET. 

George Agle to Susanah Huldemer( ?). October 15(?), 
1802. George Agie( ?) and John (his X mark) Agle. (A. 
Osborn, D. C.) 

Thomas Adams to Poll/Michel. April 19, 1803. Thomas 
(his X mark) Adams and William Harwood. (John Marsh ?) 

Samuel Austin to Lyda Railsback. Jan. 24, 1803. Sam- 
uel Austin and Wilson Russum( ?). (J. Hunt.) 

William Aderton to Charity Daniel. February 9, 1804. 
William Aderton and James Daniel. (A. L. Osborn.) 

Jesse Adams to Mary Xoland. August 6, 1804. Jesse 
(his X mark) Adams and William Whitaker. (Xo name.) 

John Andrews to Ruth Delow. October 13, 1805. John 
Andrews and Bat. Williams. (Jno. Monroe?) 

Nelson Anderson to Margret Smoot. May 24, 1806. Xel- 
son Anderson and Frederick thompson. (John Marsh, Sr.) 

Josiah Albertson to Alie Ruddack. July 7, 1805. Josiah 
(his X mark) Albertson and James Cunnaday (Kenaday?). 
(William Peggott.) 

John Andrews to Catharine Bell. May 23, 1807. John 
Andrews and William Bell. (A. L. Osborne.) 

Charles Anderson to Eleander Smoot. December 5, 1808. 
Charles Anderson and James Smott (Smoot?). (Jno. Marsh, 
Sr.) 

Henry Arnhard to Susanna Hartlin. October 27, 1808. 
Henry (his X mark) Arnhard and George (his X mark) 
Hartline. (A. L. Osborne.) 

Peter Agenor to Catharine Rough. October 21, 1809. 
Peter (his X mark) and John Smathers( ?). (Xo name.) 

James Atkinson to Polly Hartley. December 13, 1809. 
James Atkinson and Peter (his X mark) Winkler. (Jno. 
Giles.) 

Peter Albright, Jr., to Catharine Albright. January 17, 
1810. Peter Albright ( ?) and Peter Albright, Sr. (Geo. 
Dunn.) 



ROWAN COUNTY WILLS AND MARRIAGE BONDS. 67 

Jesse Alberson(?) to Ann Bailj( ?). August 22, 1810. 
Jesse Alberson( ?) and Joseph Albertson. (Jno. Giles.) 

John Armsworthy to Susannah Bates. December 15, 1810. 
John C. Armsworthy and Aquillar Cheshier( ?). (Jno. 
Marsh.) 

Henry Allemong to Nancy Todd. April 25, 1811. Henry 
Allemong and George Betz. (Jno. Giles.) 

John Albright to Peggy Lamb. April 24, 1811. John 
Albright and Peter Albright. (Ezra Allemong.) 

Joseph Adams to Jensy Tussey. May 22, 1811. Joseph 
Adams and James welling. (Geo. Dunn.) 

John Aulford to Polly Markland. September 20 (Si), 
1811. John Alford and John Markland. (W.Ellis.) 

Abraham Arey to Catharine Clingerman. l^ovember 23, 
1811. Abraham Arey and John Airy. (Jno. Giles.) 

Abraham Allen to Mary Allender ISTailer. December 13, 
1811. Abraham Allen and Jacob Allen. (Jno. Marsh, Sr.) 

Benjamin Agenor to Caty Bullon. December 17, 1811. 
Benjamin (X) Agenor and John Trexeller( ?) (Geo. Dunn.) 

Abraham Alston and John Koe( ?) to Winny Daniel. Jan- 
uary 16, 1812. Abraham (his X mark) Alstin and John (his 
X mark) Roe( ?). (J. Willson.) (The above is very faulty, 
but the family may know.) 

Peter Albright to Mary Correll. March 9, 1812. Peter 
Albright and Phillip Correll. (Geo. Dunn.) 

William Abbott to Hannah Myres. December 23, 1812. 
William Abbott and Abraham Jacobs. (Jno. Giles.) 

Henry Adams to Betsy Baleman( ?). February 8, 1813. 
Henry Adams and James Walling. (Geo. Dunn.) 

Joseph Abbott to Lucy Myers. February 17, 1813. Jo- 
seph Abbott and Abraham Jacobs. (Jno. Giles.) 

Isaac Allen to Sally Hawkins. August 31, 1813. Isaac 
Allen and Ebenezer Frost. (R. Powell.) 



68 THE NORTH CAKOLINA BOOKLET. 

Lewis Aplen to Mary Bannerfut. September 28, 1813. 
Lewis (his X mark) Aplen and Peter Younce. (I. Willson.) 

Michael Akel to Polly Flemmon. December 12, 1813. 
Michael Akel and George Lowry. (John Hanes.) 

Peter Agie to Peggy Stirwalt. April 30, 1814. Peter 
Eagle and Joseph Basinger. (Jno. Giles.) 

Michael Anderson to Jensy Hartley. October 29, 1814. 
Michael Anderson and Henry Allemong. (Geo. Dunn.) 

Isaac Aley to Sally Setlif( ?). May 4, 1815. Isaac (his 
X mark) Aley and Samuel X Nedding ( ? ). (Jno. Giles.) 

Garland Anderson to Sally Frost. July 15, 1815. Gar- 
land Anderson and P. Powell. (P. Powell.) 

Thomas Archibald to Sarah F. Luckey. January 30, 1816. 
Thomas Archibald and William Potts, (Jno. Giles.) 

Samuel Agenor to Polly Grubb. April 15, 1816. Samuel 
(his X mark) Agenor and Samuel Lemly. (Geo. Dunn.) 

Peter Ader to Betsy Pickett. April 28, 1816. Peter (his 
X mark) Ader and Samuel (his X mark) Bird. (J. Willson.) 

James Atkinson to Mary Berry. May 1, 1816. James 
Atkinson and William (his X mark) Adams. (Henry Giles.) 

James Austin to Margaret S. Gambal. May 27, 1816. 
J. L. Austin and Bennet Austin. (P. Powell.) 

Daniel Airy to Rebecca Rttman( ?). August 29, 1816. 
Daniel (his X mark) Airy and Adam Kauble (Cauble?). 
(Jno. Giles.) 

Starling Abbott to Xancy Mervil. September 7, 1816. 
Starling (his X mark) Abbott and William Mervil (Mer- 
rel?). (Henry Giles.) 

Peter Adams to Sally Walton. October 17, 1816. Peter 
Adams and Ezra Allemong. 

Gabil Aery to Prissy Parker. October 23, 1816. Gabriel 
Avery and Daniel (his X mark) Aery. (Milo A. Giles.) 

Bennet Austin to Margaret Carson. February 9, 1817. 
Bennet Austin and Basil G. Jones. (P. Powell.) 



EOWAN COUNTY WILLS AND MARRIAGE BONDS. 69 

Peter Albright to Betsey Fink. December 12, 1817. 
Peter (his X mark) Albright and John Albright( ?). (Milo 
A. Giles.) 

Shadrach Aytcheson to Ljdia O^-rel. January 6, 1818. 
Shadrach Aytcheson and Wm. Aytcheson. (R. Powell.) 

Eiley Aytcheson to Mary Black. January 22, 1814 (or 
'18). Riley (his X mark) Aytcheson and Silas (his X mark) 
Aytcheson. (Jno. R. Palmer, Saml. Jones.) 

Jacob Agner to Betsey Waller. January 28, 1818. Jacob 
(his X mark) Agner and george Waller ( ? ). (Jno. Giles.) 

Jacob Allen to Barbary Balance. October 31, 1818. Ja- 
cob Allen and Robert McClamrock. (R. Powell.) 

Jeremiah Airey to Christena Eller. March 25, 1819. 
Jeremiah Airy and Abraham Airey ( ?). (Jno. Giles.) 

Wm. Adams to Elizabeth Hall. September 2, 1819. Wm. 
Adams and John Tomlinson. (R. Powell.) 

Stej)hen Allen to Sally Deever. December 26, 1819. 
Stephen Allen and Samuel Smith. (R. Powell.) 

John Area to Mary Redwine. March 23, 1820. John 
Area and Peter Arey. (Xo name.) 

Andrew Allison to Jane Knox. February 4, 1820. An- 
drew Allison and Richard Gillespie. (Jno. Giles.) 

William Albertson to Margaret Elliott. January 16, 1820. 
William Albertson and Shadrack M. Gevandan. (L. Hunt.) 

Henry Albright to Christena Kesler. April 24, 1820. 
Henry Albright and John Albright. (Hy [ ? ] Giles.) 

Lazerus Apling to Susana Hill. May 8, 1820. Lazerus 
(his X mark) Apling and Reuben Johnson. (J. Willson.) 

Jeremiah Akels to Elizabeth Johnson. August 3, 1820. 
Jeremiah eakels and James (his X mark) Johnson, ' (Xo 
name.) 

James Adderton to Martha Parker. August 15, 1820. 
James Adderton and Barham Parker. (Jno. Giles.) 



INFORMATION 

Concerning the Patriotic Society 

''Daughters qf the Revolution" 



The General Society was founded October 11, 1890, — and organized 
August 20, 1891, — under the name of "Daughters of the American 
Revolution" ; was incorporated under the laws of the State of New York 
as an organization national in its work and purpose. Some of the mem- 
bers of this organization becoming dissatisfied with the terms of en- 
trance, withdrew from it and, in 1891, formed under the slightly diflfer- 
ing name "Daughters of the Revolution," eligibility to which from the 
moment of its existence has been lineal descent from an ancestor who 
rendered patriotic service during the War of Independence. 



" The North Carolina Society " 

a subdivision of the General Society, was organized in October, 1896, 
and has continued to promote the purposes of its institution and to 
observe the Constitution and By-Laws. 



Membership and Qualifications 

Any woman shall be eligible who is above the age of eighteen years, 
of good character, and a lineal descendant of an ancestor who ( 1 ) was 
a signer of the Declaration of Independence, a member of the Conti- 
nental Congress, Legislature or General Court, of any of the Colonies 
or States; or (2) rendered civil, military or naval service under the 
authority of any of the thirteen Colonies, or of the Continental Con- 
gress; or (3) by service rendered during the War of the Revolution 
became liable to the penalty of treason against the government of Great 
Britain: Provided, that such ancestor always remained loyal to the 
cause of American Independence. 

The chief work of the North Carolina Society for the past eight years 
has been the publication of the "North Carolina Booklet," a quarterly 
publication on great events in North Carolina history — Colonial and 
Revolutionary. $1.00 per year. It will continue to extend its work and 
to spread the knowledge of its History and Biography in other States. 

This Society has its headquarters in Raleigh, N. C, Room 411, Caro- 
lina Trust Company Building, 232 Fayetteville Street. 

1 



Vol. XI OCTOBER, 1911 No. 2 



"Bhe 



floRTH CflROIilNfl BoOKliET 



*'' Carolina! Carolina! Heaven^ s blessings attend her ! 
Wliile we live we will cJierisJi, protect and defend her.'' 



Published by 

THE NORTH CAROLINA SOCIETY 

DAUGHTERS OF THE REVOLUTION 



The object of the Booklet is to aid in developing and preserving 
North Carolina History. The proceeds arising from its publication 
will be devoted to patriotic purposes. .Editob. 



ADVISORY BOARD OF THE NORTH CAROLINA BOOKLET 

Mrs. Hubert Haywood. Miss Martha Helen Haywood. 

Mrs. E. E. Moffitt. Dr. Richard Dillard. 

Mrs. Spier Whitaker. Dr. Kemp P. Battle. 

Mr. R. D. W. Connor. Mr. James Sprunt. 

Dr. D. H. Hill. Mr. Marshall DeLancey Haywood. 

Dr. E. W. Sikes. Chief Justice Walter Clark. 

Mr. W. J. Peele. Major W. A. Graham. 

Miss Adelaide L. Fries. Dr. Charles Lee Smith. 

EDITOR: 

Miss Mary Hilliard Hinton. 



OFFICERS OF THE NORTH CAROLINA SOCIETY 
DAUGHTERS OF THE REVOLUTION 1910-1912 

regent : 
Miss MARY HILLIARD HINTON. 

VICE-REGENT: 

Miss DUNCAN CAMERON WINSTON. 

HONORARY REGENTS: 

Mrs. SPIER WHITAKER. 
Mrs. E. E. MOFFITT. 

recording SECRETARY: 

Mrs. CLARENCE JOHNSON. 

corresponding SECRETARY: 

Mrs. PAUL H. LEE. 

TREASURER : 

Mrs. FRANK SHERWOOD. 

REGISTRAR: 

Mrs. JOSEPH CHESHIRE WEBB, Jr. 

custodian of RELICS: 

Mrs. JOHN E. RAY. 



CHAPTER REGENTS 

Bloomsbury Chapter Mrs. Hubert Haywood, Regent. 

Penelope Barker Chapter Mrs. Patrick Matthew, Regent. 

Sir Walter Raleigh Chapter, 

Miss Catherine F. Seyton Albertson, Regent. 
DeGraffenried Chapter Mrs. Charles Slover Hollister, Regent, 



Founder of the North Carolina Society and Regent I896-I902: 

Mrs. SPIER WHITAKER. 

Regent 1902: 

Mrs. D. H. HILL, Sr.* 

Regent 1902-1906: 
Mrs. THOMAS K. BRUNER. 

Regent 1906-1910: 
Mrs. E. E. MOFFITT, 



•Died December 12, 1904. 





Chief Justice of the Supreme Court of North Carolina: 




THE NORTH CAROLINA BOOKLET 



Vol. XI OCTOBER, 1911 No. 2 



ROANOKE ISLAND^ 



Standing on the Aventine hill, by the banks of the Tiber, 
we can still behold the cradle of the great Roman people, the 
beginning of that imperial race which for centuries held in 
its control the entire civilized world of their day and whose 
laws, whose feat of arms, whose thought, have profoundly im- 
pressed all succeeding ages. 

HERE BEGAN THE GREATEST MOVEMENT OF THE AGES. 

Standing here we see the spot where first began on this con- 
tinent the great race which in the ISTew World in three hun- 
dred years has far surpassed in extent of dominion, in 
population and power the greatest race known to the Old. 
Farther than the imperial eagles ever flew, over more men 
than its dominion ever swayed, with wealth which dwarfs its 
boasted treasures, and intelligence and capacity unknown to 
its rulers, this new race in three centuries has covered a con- 
tinent, crossed great rivers, built great cities, tunneled moun- 
tains, traversed great plains, scaled mountain ranges and 
halting but for a moment on the shores of a vaster ocean, has 
already annexed a thousand islands and faces the shores of a 
Western continent so distant that we call it the East. 

We do well to come here to visit the spot where this gi'eat 
movement began. It was one of the great epochs of all his- 
tory. Here, 36 years before the landing of the Pilgrims at 
Plymouth Pock; here, 23 years before John Smith and 
Jamestown, in the year 1584, the first English keel grated 



•Address of Judge Walter Clark at meeting inaugurated by the State Literary and 
Historical Association, Manteo, N. C. , 24 July, 1902. 



74 THE NOETH CAROLINA BOOKLET. 

on the shores of what is now the United States. Here the 
greatest movement of the ages began, which has completed 
the circuit of the globe. For thousands of years, God in 
His wisdom had hidden this land behind the billows till 
His appointed time, and in Europe and Asia millions had 
fought and perished for the possession of narrow lands. The 
human intellect had been dwarfed with the dimensions of 
its prison house. In due season Copernicus gauged the 
heavens, revealing countless worlds beyond our grasp, and 
Columbus almost at the same time unveiled this tangible 
world beyond the Atlantic. Stunned, dazed, the mind of 
man slowly realized the broadened vision unrolled before it. 
Since then the energies of the human intellect have steadily 
ex]3anded, and thought has widened with the process of every 
sun. 

Here broke the spray of the first wave of Saxon popul,a- 
tion and now westward across the continent to the utmost 
verge and beyond it, there rolls a human sea. Three cen- 
turies have done this. 

About this very date Amidas and Barlowe landed here, for 
on July 4, a day doubly memorable on these shores, they 
descried land and sailing up the coast 120 miles they en- 
tered with their two small vessels through an inlet, probably 
now closed. Proceeding further they came abreast of this 
island, where they landed and were hospitably received. 

WHAT WONDEOUS CHANGES. 

ISTature remains unaltered. As on that July day, of the 
long ago, earth, air and sky and sea remain the same. The 
same blue arch bends above us. The same restless ocean 
rolls. The same sun shines brightly down. The same balmy 
breezes breathe soft and low. The same headlands jut out to 
meet the waves. The same bays lie open to shelter the com- 
ing vessels. The trees, the foliage, the landmarks, would all 



KOANOKE ISLAND. 75 

be recognized by the sea-worn wanderers of that memorable 
day. But as to what is due to man, how altered ! 

To the westward, where the Indian paddled his light canoe 
on great rivers, innumerable vessels, moved by the energies 
of steam, plow the waters, freighted with the product of 
every industry and the produce of every clime. Where the 
smoke of the lonely wigwam rose, now the roar of great 
cities fills the ear and the blaze of electric lights reddens the 
sky. Where then amid vast solitudes the war-whoop re- 
sounded, boding death and torture, now rise a thousand 
steeples and anthems to the Prince of Peace float upon the 
air. Where the plumed and painted warrior stealthily trod 
the narrow war path, mighty engines rush. Where a few 
thousand naked savages miserably starved and fought and 
perished, near one hundred millions of the foremost people 
of all the world live and j)rosper. Three short centuries have 
seen this done. 

OUK CONTRIBUTION TO EUROPE. 

Looking eastward the ocean rolls unchanged, but not as 
then to be crossed only after two or three months of voyage. 
Already a week sufiices for its passage and across its waves 
even now messages flash without the medium of wires. Be- 
yond its shores is also a new world. When the first expedi- 
tion landed here, the Turk was threatening Vienna, and the 
Spaniard was asserting his right to bum and pillage in Hol- 
land. The fires of the Inquisition burned in Spain and Bel- 
gium. France, sunk to a second-class power, grovelled be- 
neath the rule of one of the most worthless of its many 
worthless kings, the third Henry — while England, the Eng- 
land of Drake and Ealeigh, of Shakespeare and Bacon, and 
of Elizabeth, already lay beneath the gTOwing shadow of the' 
Armada, whose success threatened the extinction of English 
liberty and of the Protestant religion, Russia was then a 



76 THE ]SrOKTH CAROLINA BOOKLET. 

small collection of barbarous tribes, and Germany and Italy, 
not yet nations, were mere geographical expressions. Con- 
trast that with the Europe of today. The change is barely 
less startling there than on this side of the water. 

The change has been greatly due to the reflex action from 
this side. Civilization has been and is on the steady increase 
in the betterment of the masses. The leaders of thought, 
Shakespeare, Bacon, Michael Angelo, Dante, Petrarch, the 
painters, the sculptors, the statesmen, were as great then as 
since. The difi^erence is in the masses. Then they were de- 
graded, disregarded, beaten with many stripes, dying like 
animals after living like brutes ; today they have a voice in 
every government and are beginning more fully to perceive 
that they have unlimited power which they can use for their 
own advancement and the betterment of their material sur- 
roundings. 

The change started here when a new race began, without 
feudal burdens and amid the breadth and freedom of un- 
trammeled nature. With new paths to tread, new roads to 
make, new rivers to travel, new cities to build, men began to 
think new thoughts and to add to the freedom of nature the 
liberty of speech and of action. 

WHERE THE SHACKLES OF THE AGES WERE BROKElSr. 

Well do we come here to visit the spot where the shackles 
of the ages were broken, precedents forgotten and where 
man first began to stand upright in the likeness in which 
God had made him. 

ISTaught tells more forcibly the depression in which the 
minds of the men of that day were held than the fact that 
the hardy English mariners, the descendants of the Vikings 
of old, delayed nearly a century after Columbus had dis- 
covered the ISTew World before the foot of an Anglo-Saxon 
had trod the shores of North America. From the discovery 



ROANOKE ISLAND. 77 

in 1492 to the first landing here in 1584 and the first per- 
manent but feeble settlement at Jamestown in 1607 was a 
long time. Could another new continent such as this be dis- 
covered in 3,000 miles of London today, not as many hours 
would elapse as our ancestors of three centuries ago per- 
mitted years to pass, before the English race would land on 
its shores. In 1520 Cortez led the Spaniards to the Plateau 
of Mexico and subverted an empire. Yet 65 years more 
passed before Amidas and Barlowe led the first English ex- 
pedition to land on this continent. 

ISTot only were men's minds enthralled by governments 
which existed solely for the benefit of the few, but the condi- 
tion of the upper classes was only in degree better than that 
of the poorer. Coffee, sugar, tobacco, potatoes and other 
articles of common use by the poorest today were unknown. 
Queen Elizabeth herself lived on beer and beef, and forks 
being unknown that haughty lady ate with her fingers, as did 
Shakespeare, Raleigh and Bacon. Articles of the commonest 
use and necessity in the dwellings of the poorest now, were 
then not to be obtained in the palaces of kings. Carpets 
were absent in the proudest palaces and on the fresh strewn 
rushes beneath their tables princes and kings threw the bones 
and broken meats from their feasts. Religion was to most 
a gross superstition, law was a jargon and barbarous, and 
medicine the vilest quackery. Just in proportion as the 
masses have been educated, as freedom has been won by 
them, as their rights have been considered, the world has 
advanced in civilization and in material well being. 

Unlike the founding of Rome, where the seat of Empire 
abode by its cradle, no great cities arose here at Roanoke 
Island, at Jamestown nor at Plymouth. The new move- 
ment begun here was not for empire but for the people, and 
it has advanced and spread in all directions. 



YS THE NORTH CAEOLINA BOOKLET. 

THE GREAT DANGER TODAY. 

In 1820 Daniel Webster delivered a memorable oration 
at the anniversary of the landing at Plymouth Rock. In 
that speech he prophesied that our free government could 
stand only so long as there was a tolerable equality in the 
division of property. What would he say could he stand 
here today and count over the names of those possessed of 
$20,000,000, of $50,000,000, of $100,000,000, even of more 
than $200,000,000 and name over the great trusts and cor- 
porations who levy taxes and contributions at their own will, 
greater than those exacted for all the jDurposes of govern- 
ment? He instances that when the great monasteries and 
other church corporations under the Tudors threatened Eng- 
lish prosperity the eighth Henry confiscated their property 
(as has been done in our day by Mexico and other Latin 
countries) and redistributed their accumulations. He might 
have added that when the new commercial monopolies under 
his daughter Elizabeth bade fair to take the place of the 
suppressed ecclesiastical foundations in recreating inequal- 
ity, the Commons called on her to pause and that haughty, 
unbending sovereign had the common sense to save her 
throne by yielding. 

Mr. Webster also utilized the occasion to point to the fact 
that in France by her exemption of nobles and priests from 
taxation, property had gravitated into their hands till the 
wild orgy of revolution had retransferred it to the people 
and he prophesied that the new law in that country which 
by restricting the right to will property had prevented its 
accumulation into a few hands would inevitably destroy the 
restored monarchy and rebuild the republic. His prophecy 
has come true. 

The great expounder of the constitution was right. Power 
goes with those who own the property of the country. When 




^IH WALTER RALEIGH 



EOANOKE ISLAND. 79 

property is widely distributed and a fair share of the com- 
forts of life are equally in the reach of all, a country will re- 
main a republic. When property, by whatever agency, be- 
comes concentrated in a few hands, a change is impending. 
Either the few holders will bring in, as he stated, an army 
that will change the government to a monarchy, or revolu- 
tion will force a redistribution as in England and France. 
That has been the lesson of history. 

In this day, of wider intelligence and general education, 
let us hope and believe that there is a third way, hitherto un- 
known in practice, and that by the operation of just and 
wiser laws enacted by the sovereignty of the people, a more 
just and equal distribution of wealth will follow and the 
enjoyment of material Avell being will be more generally dif- 
fused among the masses. All power is derived from and be- 
longs to the people and should be used solely for their good. 
This is the fundamental teaching of the institutions which 
begin their record from the landing of the Anglo-Saxon race 
on these shores, a landing which was first made at this spot. 

Had I the ability of Mr. Webster, could I speak with his 
authority, I might point out as he did the great danger of 
the accumulation of wealth in a few hands, and might fore- 
see and foretell the remedies which a great, a wise and an 
all-powerful people will apply. But I shall not follow in the 
path which he has trod, liaud passihus equis. 

Let us not forget on this occasion that to this island be- 
longs the disting-uished honor of being the birthplace of the 
first American girl. It is the Eden from which she sprung. 
She had no predecessor and remains without a model and 
without a rival. In that first Eden man was the first ar- 
rival and the garden was a failure. Here the girl was the 
first arrival and the boys have followed her ever since. Ap- 
propriately she bore the name of Dare, and daring, delight- 
ful, her successors have been ever since. We do well, were 



80 THE NORTH CAROLINA BOOKLET. 

we to come here solely to do honor to the memory of the first 
American girl, this finished, superlative product of her sex 
and of these later ages. 

NORTH Carolina's future. 

When the first expedition landed here there were, it is 
estimated, in the bounds of the present State of ISTorth Caro- 
lina, 20,000 Indians, earning a precarious living by fishing 
and hunting and spending their miserable lives in slaying 
and torturing one another. Today we have near 2,000,000 
of the foremost race of all the world, living in peace and 
order. Could I, like Mr. Webster in his Plymouth Rock 
oration, prophesy as to the future — 100 years hence — I 
should predict a still gTeater change. I should say that with 
the same rate of increase N^orth Carolina will then have 
6,000,000 of people and that cities of 100,000 inhabitants 
will be numbered by the score ; that every village will be 
connected with its neighbor by electric roads, for steam will 
have ceased to be a motive power; that education will be 
universal and poverty unknown ; that every swamp will have 
been drained to become the seat of happy homes ; that every 
river will be deepened and straightened ; that public works 
operated for the benefit of the people and not for the enrich- 
ment of a few, will bring comforts and conveniences, now 
unknown, to the most distant fireside ; that the hours of 
labor will be shortened ; that the toil of agriculture will be 
done by machinery and that irrigation will have banished 
droughts ; that the advance of medicine, already the most 
progressive science among us, will have practically abolished 
all diseases save that of old age ; that simpler laws and an 
elevated and all powerful public opinion will have minim- 
ized crime and reduced the volume of litigation ; that re- 
ligion less sectarian and disputatious about creeds and forms 
will be a practical exemplification of that love of fellow man 



KOANOKE ISLAND. 81 

which was typified by its divine founder; that every toiler 
with brains or with hand will prosper and that under juster 
laws the only inequality in wealth or condition will be that 
due to the difference in the energy, efforts and natural gifts 
of each possessor. 

This is but the first of many successive celebrations of the 
landing here and if these feeble, fugitive words shall be pre- 
served to that distant day the speaker who shall read them 
to a vast audience gathered here will either justify the 
prophecy or at least he will say, ''In the interest of the hap- 
piness of the human race, they ought to have come true." 



82 THE NOETH CAROLINA BOOKLET. 

HOW CAN INTEREST BE AROUSED IN THE 

STUDY OF THE HISTORY OF 

NORTH CAROLINA?* 



Those of you who at dawn have rocked on the restless 
deep know that when the great sun lifts himself upon the 
horizon a hreeze always springs up and with the new light a 
new breath from heaven walks upon the face of the waters. 
So in N^orth Carolina as the doors swing wide open to the 
coming Twentieth Century, we feel that a new spirit is mov- 
ing upon the face of the land. A new epoch is at hand. Uni- 
versal education must soon come and with it will come the un- 
told development of our resources and of the energies of our 
peojDle. We feel that farther west than the fabled island 
of Atlantis, this land of North Carolina is rising into the 
sunlight of a grander and a more perfect day. 

To no other agency is so much credit due for this great 
movement as to this Association. Though I believe this is 
only the eighteenth annual meeting of your body, you have 
in these seventeen years completely revolutionized public 
sentiment in this State upon the subject of public schools. 
The beautiful words of Barry Yelverton, Lord Avonmore, on 
another subject, can with justice be applied to you in connec- 
tion with the public school system of this State : ^' You 
found it a skeleton and you have clothed it with life, color 
and complexion ; you have embraced the cold statue and at 
your touch it has grown into youth, beauty and vigor." In- 
stead of being barely tolerated, our public schools are now 
deemed of the first necessity and no public man and no re- 
spectable section of society dare oppose them. They are be- 
coming our pride and the only real question is so to readjust 
taxation that a sum adequate to their just and proper sup- 
port shall be laid upon those best able to bear it. 



*Acldress by Judge Walter Clark, President of N. C. Literary and Historical Society, 
before the Teachers' Assembly, Wrightsville, N. C, 12 June, 1901. 



HOW CAN INTEREST BE AROUSED « 85 

Yon are to be congratulated upon the $200,000 appro- 
priated from the general fund, which is due to your efforts. 
Though inadequate, it is an installment upon the pledges 
made for the education of the children. It is also significant 
of the growth in public sentiment that every election this 
spring upon the subject of graded schools has been favorable 
and indeed in some places unanimous. 

The jSTorth Carolina Literary and Historical Association, 
though organized only last fall, has been, I am proud to say, 
as I have the honor to be its president, of some assistance 
to you in this great work. It was in one of our meetings 
that the j^lan of public school libraries was formulated. 
The draft of the bill as originally suggested by Professor 
Grimsley was with some amendments adopted by the Gen- 
eral Assembly, having been ably and eloquently championed 
by Senator TL S. Ward and other progressive and public 
spirited members. 

Though now limited to six school districts in each county 
with a library of $30 each, this is a good beginning. It will 
not be long before the library will be extended to every school 
district in the State, and the appropriation for each library 
will be increased. 

The subject you have assigned me, "How to Encourage 
the Study of the History of ITorth Carolina," struck me with 
surprise. It is related of the great Hannibal that a certain 
philosopher undertook to point out to him the defects in his 
system of strategy, with possibly some criticism of his lin- 
gering so long around Capua. The old warrior listened with 
such interest that some one ventured to ask him afterwards 
what he thought of the philosopher. "Why," he said, "he 
had such cheek I was bound to listen to see what he would 
say next." I do not understand why I have been selected to 
talk of war in the presence of so many Hannibals^-if some 
one present who is skilled in the Punic tongue will tell me 



84 THE NORTH CAEOLIA'A BOOKLET. 

the feminine for Hannibal — I will add in the presence of so 
many Hannibals and lady Hannibals. I can only account 
for it upon the popular superstition, wbich is entirely un- 
founded, that a lawyer's cheek is equal to anything. It is so 
hard for a superstition to die out ! 

The first requisite for the encouragement of the study of 
history is a sufficient school term and suitable school houses 
in which it may be taught. First '^catch your rabbit" pre- 
cedes all directions as to how to cook him. With the present 
school term of little over three months there is not much time 
for more than the ''three R's." All declamation and ora- 
tory in favor of longer terms, and all pledges of "education 
for all the children," are worse than idle unless there is suffi- 
cient revenue for the support of the schools. 

Your Association has created and directed the public sen- 
timent which is now almost unanimously in favor of an effi- 
cient system of public schools. What is needed now is the 
financial ability which shall draft and enact a modem up-to- 
date system of taxation which shall raise the necessary funds 
by the readjustment of the burdens in accordance with 
modern conditions. It is idle to talk about a nine months' 
term with the appropriations now available. More money 
must be had, and a great deal more. It can not be raised 
by increasing the tax upon land and merchandise, the crude 
medieeval system which is still so largely in vogue among us. 
The farmer's business is not prosperous. You can not add 
to his burdens. Nor can the merchant, who now pays not 
only a double tax but a threefold or fourfold tax, bear a 
heavier burden. In the classic language of the day, "the 
proposition is up to you," 

Your able secretary, who for four years has been the effi- 
cient superintendent of public schools, has in two reports 
called the attention of the Legislature to a new source of rev- 
enue, hitherto untouched, which he thought could most easily 



HOW CAN INTEREST BE AROUSED ? 85 

contribute to the support of the public schools. The rail- 
roads of this State collect as North Carolina's proportion of 
their earnings annually over $16,000,000 of which more 
than $6,000,00 is net profit. jSTot one dollar of this im- 
mense revenue pays one cent of tribute to God nor C?esar. 
As they are owned almost entirely by nonresidents, these 
great net revenues are carried out of the State, never to re- 
turn, and thus to our permanent impoverishment. 

!N^ot in a spirit of hostility to them but in justice to all 
other taxpayers, Mr. Mebane has called attention to the fact 
that many other States were raising a large share of their 
revenue from a tax on the gross earnings of corporations. 
Illinois lays a tax of eight per cent upon the gross earnings 
of the Illinois Central, and Governor Odell, of ISTew York, 
has recommended that all the revenues of that State should 
be derived from that source alone, leaving the tax upon real 
and personal property for county purposes. It has been sug- 
gested that a tax of five per cent levied upon the $16,000,- 
000 of railroad earnings in this State would raise $800,000 
from that source alone which should be a sacred fund de- 
voted solely to school purposes. The tax on the earnings of 
other great corporations would raise this additional revenue 
for school purposes to more than $1,000,000 annually. 
It would not be seriously felt by the subjects of it, for while 
a tax of five per cent on the $16,000,000 of gross earnings 
is $800,000 yet as the net earnings of the railroads in ISForth 
Carolina are over $6,000,000 there would still be left them 
$5,200,000 net revenue, which is thirteen per cent, net in- 
terest upon the $40,000,000 on which they are assessed as 
the fair value of all their real and personal property in this 
State. It would seem that they can well afford to pay $800,- 
000 tax on gross earnings when after such payment there 
will still be left them thirteen per cent net earnings upon 
the actual value of their property. Every dollar of this sum 



86 THE NORTH CAROLINA BOOKLET. 

will be needed before you can bave an adequate scbool fund. 
As Mr. Mebane said, wbere else can you get it from parties 
wbo can so easily and justly pay it ? If tbere is any better 
source let us find it. Tbe scbools must be supported by taxa- 
tion. 

In making tbis recommendation Mr. Mebane was but 
following tbe examples set us by so many otber States. 
Tbink wbat $1,000,000 added to your scbool fund annually 
in Nortb Carolina can do ! Wbat a real impetus it would 
give to tbe cause of education ! 

Mr. Mebane's recommendation was eminently just, even 
if it bad required a constitutional amendment, but as long 
as tbe francbise of tbe railroads was practically untaxed bis 
recommendation was not open to tbe objection tbat "no in- 
come can be taxed wben tbe property from wbicb tbe income 
is derived is taxed." Anotber provision to wbicb lobbyists 
favoring tbe exemption of tbe most profitable business in tbe 
State did not call attention is in tbe same clause of tbe Con- 
stitution and requires ''all real and personal property to be 
taxed according to its true value in money." Tbis did not, 
bowever, escape tbe General Assembly of 1901, wbicb bas 
now provided (Cb. Y, Sees. 50 and 43) tbat tbe intangible 
property, tbe francbise, sball be assessed by taking tbe aggre- 
gate of tbe market value of tbe bonds and stocks of any rail- 
road as its true value (wbicb is necessarily so) and tbat de- 
ducting tberefrom tbe valuation of its assessed tangible prop- 
erty, tbe difference is the value of the franchise. Tbis is as 
simple and unanswerable as a proposition in Euclid, and is 
tbe metbod recognized by courts, financiers and "tbe public" 
(as tbe statute says). As the market value of tbe bonds 
and stocks of tbe portion of tbe railroads lying in tbis State 
is known to be considerably over $150,000,000 and tbe as- 
sessment of tbeir otber property to tbis time is only $42,- 
000,000, it follows tbat over $108,000,000 is now added 



HOW CAN INTEREST BE AROUSED ? 87 

from this hitherto untaxed source, which, on the ad valorem 
basis, provided in the same statute, will add $720,000 an- 
nual revenue. The act provides that it shall be in force from 
its ratification. If the operation of the act had been post- 
poned, it would have been an exemption of this vast value 
from taxation which the Legislature could not grant. 

The same statute applies to other corporations and thus 
the franchise tax will appropriate $800,000, the very sum 
which Mr. Mebane proposed to raise by his tax on gross 
earnings, but which is now to be raised in a method which 
is beyond constitutional objection. The requirements of this 
law are too plain to be misunderstood and we can not pre- 
sume that there will be any failure to execute it, 

ISTow, it is for you to procure the General Assembly to ap- 
jjropriate this tax on franchises (in lieu of the proposed tax 
on gross earnings) to the public schools. The watchfulness 
of those interested in public education will thus be a check 
upon the influences which by every device and subtlety will 
endeavor to repeal or evade this tax. 

Declamation is cheap. Words butter no parsnips. If 
this people is to become an educated people it must be done 
by levying an adequate tax which shall raise a school fund 
sufficient for the purpose. Your assembly having started 
the public sentiment which is now so overwhelmingly in 
favor of public schools, you must now find the means — you 
must indicate the source from which can be most justly and 
easily raised by taxation a sum sufiicient to educate all the 
children of this State. If you mean to build up a really 
efficient school system and not merely declaim about it; if, 
in short, you mean business, you can not rest till an all 
powerful public sentiment shall be aroused which shall send 
to Ealeigh a Legislature to vote the money, without which an 
adequate school system is impossible. 
2 



88 THE NOETH CAROLINA BOOKLET. 

The suggestion that the already underpaid public school 
teachers shall each contribute two months', or one month's, 
additional instruction without charge is unjust and unprece- 
dented. They have no greater interest than others in public 
instruction and have already done far more for it by work- 
ing at inadequate wages. Suppose the suggestion were made 
equitable and democratic, that all others should contribute 
two months' work to the schools, that farmers, merchants, 
doctors, preachers, lawyers, office-holders and gTcat corpora- 
tions should contribute each their earnings for two months' 
work ! If the teachers are to be called on let all others con- 
tribute in the same proportion. 

Instruction in history can of course be had in the Uni- 
versity, in Trinity College, Wake Forest, Davidson, Elon, 
Whitsett, Oak Ridge, Guilford College, and many another 
whose equipment would do honor to larger and wealthier 
States. The shortage is not there, but with those less fortun- 
ate whose opj^ortunities in life are to be found in the public 
schools alone. 

You must first catch your rabbit^ — you must first get suffi- 
cient school terms and school houses and school teachers 
whereby something more than the "three R's" can be taught 
— then we reach the secondary stage — how to encourage the 
study of the history of jSTorth Carolina. 

The first consideration when you have the schools and the 
leisure to teach history is, you must make it interesting to 
the pujnls. Articles, brief and striking, should be written 
upon the most salient points of our history — cameos of his- 
tory, so to speak. Something in that line has been done by 
Mr. Creecy and Mr. W. C. Allen and some others. Such 
gems well set will attract the boy or girl when grave com- 
pilations like those of Dr. Hawks, Colonel "Wheeler and 
others will repel. 

Then, if possible, the eye should be appealed to by paint- 



HOW CAN INTEREST BE AROUSED ? 89 

ings and engravings. In every Massachusetts school book, 
in every Massachusetts library and public building, you will 
find engravings of the notable events in her history and of 
the great men who have led her people on all great occa- 
sions. 

There you will find placed before the eye of childhood the 
representation of the landing from the Mayflower upon that 
rock bound coast in the depth of winter, the flight of the 
British from Lexington, the death of Warren, the scenes in 
her Indian wars, the pictures of Adams, of Hancock, and 
Webster. What Massachusetts child ever forgets the native 
land which produced such men or the spots where such events 
occurred ? 

They have the landing of the Pilgrims in 1520. What 
ISTorth Carolina school room or public building impresses 
upon the mind of childhood that other scene thirty-six years 
earlier, when the first English settlement on this continent 
was made upon our own shores at Roanoke Island ? ISTot 
amid the snows on a barren coast, as at Plymouth Rock, but 
in the middle of a semi-tropical summer, with the great cy- 
presses, hung with moss, as sentinels of the historic scene, 
and the odors of Araby the blest wafted to the sea-worn 
wanderers from the shores of this new land of hope and of 
plenty. 

In Massachusetts' books every striking scene in King Phil- 
lip's war and in the Pequot war is not only recorded by the 
pens of facile writers, but the painter's brush and the en- 
graver's tool have faithfully preserved the features of each 
locality and imagination has restored the features, the arms 
and the dress of the actors in each stirring scene. 

What pen or pencil or engTaving or brush brings to the 
plastic mind of our children the scenes of our own Indian 
wars ? There is that expedition by Governor Lane up the 
Roanoke in search of the gold supposed to lie at its source. 



90 THE NORTH CAROLINA BOOKLET. 

Between Hamilton and Williamston he was suddenly as- 
sailed by flights of arrows and driven back. Had that hap- 
pened on the headwaters of the Connecticut what vivid re- 
productions we should have both by pen and engraving. 
From above Hamilton to the mouth of the river the aspect 
of the Eoanoke flowing through an almost unbroken forest 
is nearly the same today as it was on the day of the defeat 
of that hardy expedition. The writer or painter who wishes 
to portray that scene has today but to visit some stretches of 
the lordly river as it flows amid eternal silence and through 
unbroken forests to its mouth. He has but to draw true to 
nature. There are the great trees, and the same solemn 
silence unbroken save by the rippling of the river, the deer 
on the banks, the startled water fowl, the wild flowers, the 
same riotous magnificence of primeval nature. Let him 
evoke from history and imagination the picture of the great 
canoes filled with Englishmen slowly toiling up the stream, 
their habits as they wore, their arms, their standards, the 
savages half concealed on shore, the sudden flight of arrows. 
This and more, faithfully written or sketched on the spot 
and reproduced by printing press and the engraving stone, 
would give the children of N^orth Carolina an interest in 
that event in the history of their State and a conception of 
the conditions then existing here which they have never had. 

Then there are the terrible scenes of massacre of our own 
great Indian war of 1711, the march of the South Carolina 
troops hundreds of miles through the trackless forest to our 
aid and the stonii and sack of the Indian fort at l^ahucke in 
1713, which finally broke the Indian power. Could our 
children ever forget such scenes or fail to feel an interest in 
them if presented to their minds by a gi'aphic pen or appro- 
priate engraving? 

In ISTorthern school books, so largely used among us, are 
stirring narratives of the expedition to Louisburg and to 



HOW CAN INTEREST BE AROUSED ? 91 

Canada, but where is the book which contains a reference, 
much less a picturesque description or engraving, of the ear- 
lier expedition of 1740 to South America, or the capture of 
Havana in 1762, in both of which ISTorth Carolina had a 
share ? 

Massachusetts books and Massachusetts school rooms bear 
many an engraving of the stirring times when Patriots, dis- 
guised as Indians, threw the tea into Boston harbor in 1773. 
But where are the engravers or the writers who have im'4 
pressed upon the minds of our children that scene when the 
brave men under Waddell and Ashe, unmasked and bravely 
in broad daylight in a few miles of this spot, in 1765, eight 
years before the Boston tea party, forbade Great Britain to 
put her stamp act into execution in this Province or even to 
land her stamps ? 

In painting and in bronze Massachusetts has preserved the 
memory of the Attucks riot in Boston on the eve of the Revo- 
lution. On Boston Common the great memorial stands. But 
where is our statuary, or our painting, or our engraving of 
the battle of Alamance in 1771 ? 

They have Paul Revere's midnight ride to fame. Why 
leave unsung that other ride from Charlotte to Philadelphia ? 

Where, indeed is our painting of that grand scene for 
which Massachusetts has no parallel — the meeting which is- 
sued the immortal declaration of independence at Mecklen- 
burg on the 20th of May, 1775 ? 

They have immortalized by pen and pencil the defeat of 
the Americans at Bunker Hill. Where and how have we 
placed before admiring eyes the first victory for the Ameri- 
can arms, which was achieved at Moore's Creek in February, 
1776, that striking scene when the planks of the bridge be- 
ing taken up, brave men crossed on the stringers amid the 
fires of battle, as the Moslems tell us souls pass to paradise 
over Al Sirat's arch, spanning by a single hair the flames 
of hell ? 



92 THE NORTH CAROLINA BOOKLET. 

Pencil and brush and pen love to linger on the grand 
scene when, on the 4th of July, 1776, the thirteen colonies 
declared that they ought to be and were sovereign and inde- 
pendent. But has anyone ever seen a similar picture of that 
meeting of the Provincial Congi'ess at Halifax on the 12th 
of April, 1776, when the first resolution was passed by any 
State instructing that other Congress at Philadelphia to do 
what was done nearly three months later ? Had we im- 
pressed that by story, by statue or by stipple plate upon the 
minds of our own people would a scholar like Senator Lodge 
have forgotten it or ignored it in his study of those times ? 

Brave men lived before Agamemnon, and brave men and 
great men have lived, at least they did live in those times, 
south of the Virginia line, but what have we done to per- 
petuate their memories ? In nearly every home in Massa- 
chusetts hangs a portrait of John Hancock, or one of the 
Adams ; where is our Cornelius Harnett or Richard Cas- 
well ? They have Warren, dying in defeat at Bunker Hill. 
Where is our engraving of Nash, falling on the field of Ger- 
mantown ? 

Like a silhouette the heroic figure of Hardy Murfree, lead- 
ing his forlorn hope of ISTorth Carolinians to the capture of 
Stony Point on the Hudson, stands out against the sky line 
of all history. But who has preserved the names of those 
brave followers ; what engraving presents their immortal ac- 
tion to our children ; what graphic pen has made this scene 
a living one to our people ? What ISTorth Carolinian can 
claim that he is descended from those stormy petrels of vic- 
tory, who piloted Anthony Wayne to eternal fame on the 
summit of that ridge ? 

What has been said or sung or engraved as to the l^orth 
Carolina line, steady as the Old Guard of l^apoleon itself, at 
Germantown, at Monmouth, at Eutaw Springs, and on many 
other fields? 



HOW CAN INTEREST BE AKOTJSED ? 93 

What school room in North Carolina has an engraving of 
that event, unprecedented in history, when the volunteers of 
a day, springing, like the clansmen of Roderick Dhu, from 
our mountain sides, self-organized, without muster rolls, 
without impulse other than the defense of their little homes, 
moved down like an avalanche upon the foe led by one of 
the enemy's best officers and bursting over the fiery crest of 
King's Mountain broke forever Cornwallis' hopes of suc- 
cess ? 

And at a later date, where are our engravings of other 
patriotic sons of North Carolina who would have been an 
honor to any people ? 

It was Themistoclcs who declared that the trophies of Mil- 
tiades would not allow him to sleep. The Israelites, when 
they had passed over Jordan built twelve pillars that their 
children's children might ask, "What mean these stones ?" 
that posterity being told the story of Israel's greatness in 
war and the unity of the twelve tribes might bear it in re- 
membrance for all ages. Where are our trophies, the proud 
memorials of the great deeds of our ancestors, whose aspect 
shall stir the hearts of aspiring youth to emulate them and 
to repeat our Marathons on future fields 1 The tall shaft 
on Bunker Hill still rises to greet the sun in his coming, and 
on its summit the genius of Webster's grand oration will 
linger as a halo forevermore. On every heroic spot in all 
that land shaft, or sculpture, or inscribed tablet, records that 
there man has died for man. But what of us ? 

Of recent years, we have made a small beginning. A 
crumbling monument to Governor Caswell, blasted by fire, 
stands in the streets of Kinston ; a monument in the Capitol 
square, facing the setting sun, recalls the already fading tra- 
dition of the 125,000 soldiers who belted North Carolina 
like a living wall in the grand days of 1861-'5 ; a bronze 
statue of our great tribune of the people stands on the same 



94 THE NORTH CAROLINA BOOKLET. 

square, aj)propriately facing tlie East, for, ever hopeful of 
the progress and prosperity of the people he loved so well 
and served so faithfully, he ever stood praying and hoping 
for the dawn of a brighter day. 

You are arousing this people as they have never been 
aroused before to the needs of education. You propose to 
educate them to the last boy and girl. 

You propose to give them the increased capacity for learn- 
ing, for enjoyment, for usefulness, which comes from educa- 
tion. But what then ? Shall you lay before them histories 
wherein Massachusetts, with some aid from one or two great 
Virginians, conquered the British lion — books which repre- 
sent no North Carolina historical event, and the features of 
no great ISTorth Carolinian, in which our revolutionary his- 
tory is a desert, with, perhaps a mild reference to the militia 
at Guilford Court House, and in which our ante-revolution- 
ary stone is a mere table of names ? Can you excite an in- 
terest in the study of Xorth Carolina's history by such books 
as those ? Can you inspire any young Themistocles to emu- 
late the deeds of Miltiades when the story of those deeds is 
left untold ? 

I will not touch upon the ground of the misrepresentations 
of the events of 1861-'5. Public attention has been drawn 
to that and probably a true story of those eventful years will 
be laid before our children. But will it be interesting V 
Shall you give them the bare facts and a barren list of 
names ? Where can better subjects be found for painter, for 
sculptor, for graphic writing ? 

Take among so many a single incident. At l^ew Bern 
the battle* had gone sore against us. Four hundred soldiers 
are cut off, with a pursuing enemy in the rear and an un- 
fordable stream in front, the men in despair throwing their 
arms into the water to prevent the enemy from getting them. 
A single canoe is found carrying only eighteen men, there 

* 14 Mar., 1862. 



HOW CAN INTEREST BE AROUSED? 95 

is danger of its being swamped in the mad rush, two young 
officers,* both fresh from college, neither yet 21 years of age, 
instead of saving themselves and pushing off to safety, take 
their stand and count off from time to time eighteen men 
who pass beneath their crossed sabres, till boat load after 
boat load is ferried across. With immediate peril of Yankee 
bullets and Yankee prison, they resolutely keep their guard 
till every man is over and those two, the last to enter, float 
across to friends and to freedom. What a picture for a 
painter, for poet, for instructor ! How it would have been 
emblazoned if told in Eoman story by Livy, or by Macaulay 
to match his stirring lines which tell 

"How well Horatlus did keep the bridge 
In the brave days of old." 

But what audience in JSTorth Carolina this day can name 
these two beardless boys who came of the race of heroes ? 

And this incident is but one of hundreds showing that this 
people of iSTorth Carolina is one which produces heroes and 
men fit to command. If we do not sulficiently honor them 
it is possibly because such deeds are not rare among us. 

What pen or pencil can portray to the life the heroism 
of the men whom Tyler Bennett, Frank Parker and George 
B. Anderson were proud to stand beside in that "Bloody 
Lane" at Sharpsburg ; of the men under Pettigrew, Low- 
rance and Lane, who fell farthest in the front of the South- 
ern line at Gettysburg; the men, many of them fresh from 
the plow and without a thought of heroism or fame, who, 
like an averaging flame, swept down the broken lines at the 
Salient, retaking and holding it against fearful odds ; and 
of those ISTorth Carolinians in the Seven Days' Fight Around 
Richmond who left more than twice as many of their dead 
and wounded upon the field as Virginia herself or any other 
Southern State ; the heroism of those brave men, from our 

*W. A. Graham and H. K. Burgwyn, at that time respectively, Capt. Co. K, 2 N. C. 
Cavalry, and Lieut.-Col. 26 N. C. Reg't. 



96 THE NORTH CAROLINA BOOKLET. 

mountains to the sea, who, with no other motive than their 
duty, were first at Bethel and last at Appomattox, and who 
at all times during those four long eventful years proved 
themselves the peers of any troops that came against them or 
that fought by their side ? 

If you wish to encourage the study of the history of our 
State, can you do better than to tell the deeds of such men, 
plainly and simply, as befits the men who did them ? Can 
the story be more needed ; can the teaching come better than 
in these days, when worship) of the dollar is growing and 
when youths are taught that the greatest among men is not 
he who sheds his life's blood for his fellow men at the call of 
his country and duty, but rather he who gathers, by whatever 
device, the greatest quantity of the product of the labor of 
others into his own keeping? 

"Ill fares the land to hastening ills a prey 
Where wealth accumulates and men decay." 

The State has a great history. Its people have shown 
themselves equal to every call upon them and equal to every 
occasion. But that history has not yet been presented as it 
should be. To excite interest in its study we must make it 
interesting. Tell it as it happened, its grand deeds, its he- 
roic sufferings, its unvaunting performance of duty in the 
face of every danger, its uncomplaining endurance of every 
hardship. Paint its striking historical incidents by brush as 
well as by pen ; engrave them, hang them on the walls of 
your school rooms, your libraries and your public buildings, 
put them in your school books. Painter and historian have 
recorded for the admiration of future ages that Sir Philip 
Sidney, when wounded at Zutphen, refused a cup of water 
for which he was perishing till a wounded private soldier 
who needed it more than he could be supplied. But that in- 
cident, and even greater self-denial, can be related of many 



HOW CAN INTEREST BE AROUSED? 97 

an unlettered ISTorth Carolina soldier who had never heard 
of Sir Philip or of Zutphen, but in whose veins ran the blood 
of heroes and whose courage is an inheritance from cen- 
turies of brave ancestors of the purest Anglo-Saxon stock 
on the continent. 

To sum up, ladies and gentlemen, JSTorth Carolina has a 
history that is worth the telling and which, when truly told, 
will interest. It is a brave story of a people who from the 
first founding of the colony would brook no tyranny and who 
intended from the first that no one should govern them but 
themselves ; the story of a brave, self-relying, liberty loving 
people. 

Then tell the story in an interesting manner. Let the 
pens of your best writers record it in their most entertaining 
manner, but plainly and simply as accords with the charac- 
ter of our people, whose unpretentious nature is summed up 
in their proud motto : "Esse Qtimn Videri," for in very 
truth no people can better say in the words of the great 
Dictator to Sir Peter Lely, "Paint me as I am." Like a 
beautiful woman, their story, when unadorned, is adorned 
the most. 

Then, with an interesting history interestingly told, what 
more is needed ? You need a wider audience. Educate the 
masses. Create in them an intelligent interest in their sur- 
roundings and in their history. Make it attractive by short 
stories attractively told. Appeal to the eye by paintings and 
engravings. Let the State add, when it can, sculpture and 
statuary. 

This Eome, Greece, England, France have done. This 
the States north of us have done, preeminently the great edu- 
cational State of Massachusetts. The means by which other 
States and countries have created an interest in their history 
are the means to which we must resort for the like purpose. 



98 THE NORTH CAROLINA BOOKLET. 

And none of them have a better foundation upon which to 
build. 

In the language of the poet-priest of the South : 

"Give me the land that is blessed by the dust, 
And bright with the deeds of the down-trodden just. 
Yes, give me the land where the battle's red blast 
Has flashed to the future the fame of the past; 
Yes, give me the land that hath legends and lays 
That tell of the memories of long vanished days; 
Yes, give me the land that hath story and song! 
Enshrine the strife of the right with the wrong! 
Yes, give me the land with a grave in each spot, 
And names in the graves that shall not be forgot." 



KILL DEVIL HILL 99 



KILL DEVIL HILL 



BY JAQUES BUSBEE 



At sunrise it floats in the mist like the diaphanous pink 
ghost of a hill. To stand upon it in the blinding glare of 
noon it is vastly more illusive — the luminous sands under 
jour feet seeming more unreal than the remote edges cutting 
sharp against the deep blue sky. Even on stillest days upon 
the beach, the sand on the summit is ever blowing, blurring 
the edges with a film like heat radiations — piling up the hill 
in a great crescent with horns outstretched to leeward from 
the prevailing northeast winds. 

And this vast pile of sand, hard on the windward, soft on 
the leeward side, is ever moving towards the southwest at the 
rate of two or three feet a year. 

From the summit the view thrills with its far-stretched 
beauty. Three quarters of a mile to the east, across the 
coarse beach grass, is the boundless Atlantic; north, on the 
trembling distance is another great sand hill fifteen miles 
away — Paul Gamel's Hill ; south, the view is splendid with 
the gleaming expanse of the fresh pond (a scant mile from 
the surf) hemmed in on its western shore by the dark mys- 
terious I^agshead woods and the ISTagshead sand hills be- 
yond. But to the west unfolds the view of views. 

The north end of Eoanoke Island, on which stands Fort 
Raleigh, stretches across the southwest. Roanoke Sound is 
divided from Kitty Hawk Bay by Collington Island (named 
for Lord Colleton, one of the Lords Proprietors), and 
far to the northwest on the dim horizon is Powell's Point. 
Between Powell's Point and Kitty Hawk is the entrance to 
Currituck Sound. 

Three hundred and twenty odd years ago this same view 



100 THE NORTH CAROLINA BOOKLET 

burst upon the astonished sight of Amidas and Barlowe. 
For after anchoring in the inlet, which was Kitty Hawk 
Bay extended through the banks to the ocean, afterwards 
closed by the great storm of 1696, named Trinity Harbor by 
these first English to set foot in North Carolina, they ran to 
the toj) of the nearest sand hill on the south of the inlet to 
view the country. They beheld the sea on both sides "finding 
no end any of both ways." They shot off their harquebus 
shots "and such a flock of cranes for the most part white" 
arose under them "with such a cry redoubled by many echoes, 
as if an army of men had shouted all together." 

Standing on the top of Kill Devil Hill today, the same 
view unfolds itself ; the green-blue Atlantic to the east ; the 
violet-blue sounds to the west; the brilliant marsh grasses, 
the golden sand hills, the dark dense woods, and flocks of 
herons "for the most part white" ; the whole vast panorama 
blue — vivid blue from sky and sea and the reflections of 
myriad pools upon the beach. 

Just where Amidas and Barlowe landed is an always dis- 
puted point. Barlowe's narrative, with its quaint old Eng- 
lish wording, leaves the inquirer in greater doubt than if 
he took the word of any one of the many historians each of 
whom chose for himself the inlet which suited him best. But 
language, says Talleyrand, is a gloriously uncertain vehicle, 
invented to conceal thought. 

So turn to John White's map, or rather, bird's eye view of 
this "coming of the English." Now a picture can mean only 
one thing. This picture shows a boat with eight men in it, 
sailing towards lioanoke Island from the northeast. The dis- 
tance from the inlet where the two vessels were anchored 
to Boanoke was recorded by them as seven leagues. Al- 
though the distance by water from Kitty Hawk Bay to 
Boanoke is not as much as seven leagues, old Currituck in- 
let is much too far north and old Boanoke inlet is not far 



KILL, DEVIL HILL 101 

enough north — for who can believe those early explorers 
were very accurate measures of distance? An inlet through 
the banks at Kitty Hawk Bay comes much nearer fitting 
both the account and picture than any other inlet indicated. 

One thing, however, is certain and that is, an inlet once 
pierced the banks nearly opposite the pressure of Albemarle 
Sound waters. Along the shores of Kitty Hawk and the 
opposite shores of Colling-ton Islands are undeniable evi- 
dences that the present fresh waters of the bay were once 
salt. Great mounds of oyster shells or "Indian Kitchens" 
line the shores. Indian relics are scattered here and there 
and are often "blowing out." Within the memory of living 
men the ocean beach curved in at a point opposite the bay 
to such an extent that small vessels could find in it a partial 
haven. 

The fresh pond, a mile to the southward, was once con- 
nected with this inlet ; for old men remember their fathers' 
statements that boats could be taken from the bay into this 
land-locked harbor. 

Kill Devil Hill stands a natural monument to mark this 
old inlet of Trinity Harbor. Its sands have moved and 
shifted and wasted away, but other sands have blowm and 
made up in their stead. Is it too much to hazard the belief 
that the first English feet to climb its yielding slope were 
the sailors' from Sir Walter Raleigh's two little vessels an- 
chored in the ofilng, and that upon its summit Amidas and 
Barlowe unfurled the English flag? 

Kill Devil Hill claims a present interest for two reasons ; 
first, that from its crown (125 feet high) the Wright broth- 
ers learned to fly ; and second on account of the legend of 
its name. 

Hidden from the world at Kill Devil Hill the Wright 
brothers labored secretly at the most wonderful success that 
man has yet achieved. Over at Kitty Hawk, Mrs. W. J. 



102 THE NORTH CAROLINA BOOKLET 

Tate shows with j)i'icle her sewing machine on which she 
stitched up the sails for this biplane, and at the foot of Kill 
Devil Hill stands the "flying shed" which sheltered that mys- 
terious bird. How Nagshead and Kitty Hawk woods 
swarmed with reporters and kodaks when the Wrights' ex- 
periments had reached the point of success, is all too recent 
in the newspapers to need repetition. 

But the legend of the name "Kill Devil" is too character- 
istic of the banks, as they were long ago, to be lost; and 
apocryphal though it may be, it deserves preservation. "In 
days of yore and in times long gone before" there dwelt 
upon the banks in the thick tangled woods of Nagshead and 
to the northward, a rude and primitive race of wreckers 
and beach combers whose living came largely from the sea. 

When God in His bounty was slow to drive vessels upon 
the treacherous quicksands of the coast, the natives, in prom- 
ising, stormy weather would hobble a bank pony, tie a lan- 
tern about his neck and turn him out upon the beach. 
The light bobbing up and down as the nag gTazed, closely 
simulated the lights on a vessel at sea. Long before 
the days of light houses or life saving stations, when ves- 
sels cleared some port never to be heard from again, the 
bankers along this coast could have given information in 
many instances had they chosen. The mystery of Theodosia 
Burr Alston and the portrait of an aristocratic lady which 
hung for many years in a jSTagshead shanty, and which was 
but recently identified, held a tragedy of the banks which 
many writers have essayed. 

But that is not the story of Kill Devil. Like most stories 
of the banks, it begins with a wreck. A coastwise merchant- 
man, laden with a valuable cargo, was driven upon the 
reef and wrecked. The crew succeeded in reaching the 
beach alive, and next day, the storm having much abated. 



KILL DEVIL HILL 103 

most of the cargo was gotten through the snrf and piled 
upon the sand with a guard to watch it. 

Towards midnight the guard sprang forward in wide 
awake terror, to find the bale of goods upon which he was 
sleeping detach itself from the pile and amble away across 
the beach, to disappear in the woods beyond the big sand hill. 
In a moment all hands were awake and regarding with 
stupified horror the spot where a moment before the bale 
had rested. ISTo power but the Devil was capable of such a 
thing, they all declared, and they cursed the fate which had 
cast them upon such a coast. Two men were ordered to 
watch for the remainder of the night. 

It was just before dawn. Both men saw it with wide 
open eyes. A large bale of goods broke loose from the pile 
and went bounding over the sand, to disappear in the direc- 
tion of the big sand hill. This was no night ''head notion." 
Daylight, however, restored quiet and these superstitious 
sailors held a council. Of course it was the Devil. That 
went without argument. But then, who could circumvent, 
capture, or kill, the Devil ? Men were not inclined to watch 
or even sleep near such a diabolical spot. At length one old 
grizzly seadog offered to watch — alone if none had nerve 
enough to watch with him. He feared not man, God, nor 
Devil ; and if it was the Devil, he swore he'd kill him. 

Until midnight this fearless one patrolled the beach alone, 
keeping a close eye on the bales of goods so mysteriously! 
diminished the night before. Finally he sat down for a 
moment just to rest his legs. With a shock to consciousness, 
he was startled to see a large bale of goods break loose from 
the pile and start across the beach towards the big hill. In 
an instant his gun was levelled on it, but what was there to 
shoot ? So he ran after it as hard as he could, but it bounded 
along just ahead with increasing speed. Then with a des- 
perate effort he dashed forward between the fleeing bale and 
3 



104 THE NORTH CAROLINA BOOKLET 

the sand hill, when he tripped and fell over a taut rope. 
In an instant he was on his feet, and, taking aim along the 
rope, he fired. The bale of goods stood still. Running along 
by the rope, he saw, dimly silhouetted against the faintly 
gleaming sand, a large black object with what he took to be 
two horns and a tail. 

While he was reloading his gun this devilish thing began 
again to move. He pulled the trigger. Immediately the 
night was filled with a fearful noise, as the black object sank 
to the ground and began to kick up the sand. Rushing up 
to the foot of the hill, there he saw lying — the Devil, welter- 
ing in blood ? — an old beach pony with a rope tied to his 
harness — the other end hooked to the bale of goods. But he 
had in truth killed the Devil, for the pile of goods remained 
untouched upon the beach till finally boated away. And so 
that grandiose sand hill standing near the site of the old inlet 
was ever after known as "Kill the Devil Hill." 

I*^ow as Shahrazad, perceiving the dawn of day, would 
remark, '^Whether this be true or only legend is past find- 
ing out, but Allah is all-knowing." 



GENERAL JAMES HOGUN. 105 



CAREER OF GENERAL JAMES HOGUN, ONE 

OF NORTH CAROLINA'S REVOLU= 

TIONARY OFFICERS. 



BY CHIEF JUSTICE WALTER CLARK. 



North Carolina in the Revohition furnished ten regiments 
to the regular service — the Continental line. Five of the 
Colonels of these hecame general officers, the only Generals 
North Carolina had in the regular service. They were Gen- 
eral Robert Howe, who rose to be Major-General — our sole 
Major-General — and four Brigadiers — General James 
Moore, who died early in the war ; General Francis Nash, 
killed at Germantown and buried near the field of battle — 
a brother of Governor Abner Nash ; General Jethro Sum- 
ner, and General James Hogun. 

The lives and careers of the first three named are well 
known. For some reason the data as to the last two have 
been neglected. The Hon. Kemp P. Battle, by diligent 
search in many quarters, was able to restore to us much in- 
formation as to General Jethro Sumner, of Warren County, 
and, indeed, to rehabilitate his memory. As to General 
James Hogun, of JIalifax County, the task was more diffi- 
cult. Little has been known beyond the fact that he was 
probably from Halifax County, and that he was a Brigadier- 
General. The late Colonel William L. Saunders requested 
the writer to investigate and preserve to posterity whatever 
could now be rediscovered as to this brave officer. 

It may be noted that North Carolina has not named a 
county, or township, or village, in honor of either of the 
four generals — Howe, Moore, Sumner, or Hogun. Moore 
County was named in honor of Judge Alfred Moore, of the 
United States Supreme Court. General Nash was the only 



106 THE NORTH CAROLINA BOOKLET. 

one of the five thus honored, the county of Nash having been 
formed in 1777, the year of General ISTash's death at Ger- 
mantown. 

General James Ilogun was born in Ireland, but the year 
and place of his birth are unknown. The name is spelt 
Hogun, though usually in Ireland, where the name is not 
uncommon, it is written Hogan — ^with an a. He removed 
to Halifax County, in this State, and to the Scotland Neck 
section of it. He married, October 3, 1751, Miss Euth ISTor- 
fleet, of the well known family of that name. In the Pro- 
vincial Congress, which met at Halifax, April 4, 1776, and 
which framed our first State Constitution, James Hogun 
was one of the delegates for Halifax County. He was ap- 
pointed Paymaster in the Third Regiment (Sumner's), but 
on 26 November, 1776, he was elected Colonel of the 
Seventh North Carolina Regiment, and 6 December of that 
year an election was ordered to fill the vacancy in Congress 
caused thereby. Colonel Hogun marched northward with 
the Seventh and Colonel Armstrong with the Eighth, and 
both regiments arrived in time to take part in the battles of 
Brandywine and Germantown. Colonel Sumner was ap- 
pointed to fill the vacancy caused by the death of General 
Francis Nash. For the vacancy caused by the promotion 
of General Howe from Brigadier-General to Major-General, 
our Legislature recommended Colonel Thomas Clark, of the 
First Regiment ; but General Washington stated that, while 
not undervaluing Colonel Clark's services, Colonel Hogun 
by his distinguished gallantry at Germantown, had earned 
the promotion, and he was therefore elected and commis- 
sioned a Brigadier-General 9 January, 1779, and contin- 
ued to serve with the army at the north. When Charleston 
was threatened, all of the North Carolina line which had 
not previously gone south with General Lincoln, under Sum- 
ner, was ordered to that point. Owing to losses, the North 



GENEEAL JAMES HOGTJN. 107 

Carolina regiments then JSTorth were consolidated into four, 
and General Hogun was placed in command. At the head of 
his brigade he passed through Halifax and Wilmington in 
February, 1780, and took part in the memorable defense of 
Charleston, When General Lincoln surrendered that city 
on 12 May 1780, though he surrendered five thousand men, 
only one thousand eight hundred of them were regular 
troops, and the larger part of these were General Hogun's 
ISTorth Carolina brigade. General Sumner, our other Brig- 
adier, who had commanded that part of the ISTorth Carolina 
line which was at Charleston before General Hogun's ar- 
rival, was home on furlough, as were many officers that had 
lost employment by the consolidation of the depleted com- 
panies and regiments. With that exception, ISTorth Caro- 
lina's entire force was lost to her at this critical time. The 
surrendered militia were paroled, but the regular troops, 
headed by General Hogun, were conveyed to Hadrell's Point, 
in rear of Sullivan's Island, near Charleston. There they 
underwent the greatest privations of all kinds. They were 
nearly starved, but even a petition to fish, in order to add 
to their supply of food, was refused by the British. These 
troops were also threatened with deportation to the West 
Indies. General Hogun himself was offered leave to return 
home on parole. Tempting as was the offer, he felt that his 
departure would be unjust to his men, whose privations he 
had promised to share. He also knew that his absence 
would aid the efforts of the British, who were seeking re- 
cruits among these half-starved prisoners. He fell a victim 
to his sense of duty 4 January, 1781, and fills the unmarked 
grave of a hero. History affords no more striking incident 
of devotion to duty, and North Carolina should erect a tablet 
to his memory, and that of those who perished there with him. 
Of the one thousand eight hundred regulars who went into 
captivity on Sullivan's Island with him, only seven hundred 
survived when they were paroled. 



108 THE NOETH CAROLINA BOOKLET. 

We do not know Greneral Hogun's age, but as he had mar- 
ried in 1751 he was probably beyond middle life. In this 
short recital is found all that careful research has so far dis- 
closed of a life whose outline proves it worthy of fuller com- 
memoration. Could his last resting place be found, the 
tablet might well bear the Lacedaemonian inscription, "Siste 
viator. Heroa calcas/'* 

General Hognn left only one child, Lemuel Hogun, who 
married Mary Smith, of Halifax County. To Lemuel Ho- 
gun, March 14, 1786, ISTorth Carolina issued a grant for 
twelve thousand acres of land in Davidson County, Ten- 
nessee, near Kashville, as ''the heir of Brigadier-General 
Hogun." In October, 1792, the United States paid him 
five thousand two hundred and fifty dollars, being the seven 
years' half pay voted by Congress to the heirs of Brigadier- 
Generals who liad died in service. In 1814 Lemuel Hogun 
died, and is probably buried at the family burial ground. 
General Hogun resided in Halifax County, North Carolina, 
about one mile from the present village of Hobgood. In 
1818 the widow of Lemuel Hogun, with her children, moved 
to Tuscumbia, Alabama. jSFumerous descendants are to be 
found in that State, and in Tennessee and Mississippi. In 
the late war General Hogun's papers, which might have 
furnished materials for history, were seized by the Federal 
troops and presumably destroyed, though it is barely possi- 
ble they may be yet preserved in some ISTorthern historical 
collection. It is known that among these papers was at least 
one letter from Washing-ton to General Hogun. 

These five heroes — Howe, Moore, ]S^ash, Sumner, and 
Hogim — were, as has been said, the only Generals from this 
State in the regular service. 

We had several Generals who commanded militia, ordered 
out on three months' tour or on special service, at sundry 
times, such as General Griffith Rutherford and General Dav- 



* "Pause, traveler. A hero's dust sleeps below." 



GENEBAL JAMES HOGUN. 109 

idson, for whom those counties have been named ; Generals 
Butler and Eaton, and others. General Davidson had been 
a Major in the Continental line, but was a Brigadier-General 
of militia when killed, 1 October, 1780, at Cowan's Ford. 
There were others, as Colonel Davie, Major Joseph Graham 
(who commanded the brigade sent to Jackson's aid against 
the Creeks in 1812), and several who acquired the rank of 
General after the Eevolution, 

The militia figured more prominently in that day than 
since. The important victories of King's Mountain and 
Ramsour's Mills were won solely by militia, and Cowpens 
and Moore's Creek by their aid. Rutherford and Gregory 
commanded militia brigades at Camden, as Butler and Eaton 
did at Guilford Court House, and as General John Ashe did 
at Brier Creek. 

It may be of interest to name here the Colonels of the ten 
iN^orth Carolina regiments of the Continental line : 

First Regiment^ James Moore. On his promotion to 
Brigadier-General, Francis ISTash. After his promotion, 
Thomas Clark. Alfred Moore, afterwards Judge of the 
United States Supreme Court, was one of the Captains. 

Second Regiment^ Robert Howe. After his promotion 
to Major-General, Alexander Martin. He being elected 
Governor, John Patton became Colonel. In this regiment 
Hardy Murfree, from whom Murfreesboro, in North Caro- 
lina and Tennessee, are named, rose from Captain to Lieu- 
tenant-Colonel ; and Benjamin Williams, afterwards Gov- 
ernor, was one of the Captains. David Vance, grandfather 
of Governor Vance, was a Lieutenant. 

Third Regiment^ Jethro Sumner. After his promotion it 
was consolidated with the First Regiment. In this regiment 
Hal Dixon was Lieutenant-Colonel and Pinketham Eaton 
was Major, both distinguished soldiers ; and William Blount, 
afterwards United States Senator, was Paymaster. 



110 THE NOETH CAROLINA BOOKLET. 

Fourth Regiment, Thomas Polk, General William David- 
son, killed at Cowan's Ford, was Major of this regiment, and 
William Williams, afterwards prominent, was Adjutant. 

Fifth Regiment, Edward Buncombe, who died of wounds 
received at G-ermantown, and for whom Buncombe County is 
named. 

Sixth Regiment, Alexander Lillington, afterwards Gideon 
Lamb. John Baptista Ashe, of Halifax, who was elected 
Governor in 1802 but died before qualifying, was Lieuten- 
ant-Colonel of this regiment. 

Seventh Regiment^ James Hogun. After his promotion, 
Robert Mebane. In this regiment, Nathaniel Macon, after- 
wards Speaker of Congress and United States Senator, and 
James Turner, afterwards Governor, served together as pri- 
vates in the same company. 

Eighth Regiment, James Armstrong. 

Ninth Regiment, John P. Williams. Of this regiment 
William Polk was Major. 

Tenth Regiment, Abraham Shephard. 

The State had in the Continental line a battery of artil- 
lery commanded by John Kingsbury, and three companies 
of cavalry, led, respectively, by Samuel Ashe, Martin Phifer, 
and Cosmo de Medici. 

My object in writing has been to give the few details 
which, after laborious research, I have been able to exhume 
as to General Hogun, his origin, his services, and his de- 
scendants. I trust others may be able to bring to light fur- 
ther information, so that an adequate memoir may be pre- 
pared of so distinguished an officer. 



A FORGOTTEN LAW. Ill 



A FORGOTTEN LAW 



BY CHIEF JUSTICE WALTER CLARK. 



PETIT TREASON DEATH BY BURNING. 

Blackstone tells us (4 Com., 75 and 203) that for a serv- 
ant to kill his master, a woman her husband, or an eccle- 
siastical person his superior was petit treason, and that this 
offence was punished more severely than murder, a man 
being drawn as well as hanged, and a woman being drawn 
and burnt. It is said that the records of Iredell County show 
that this barbarous punishment was inflicted upon a woman 
in that county for the murder of her husband. This law has 
since been changed in England. 

It has doubtless been forgotten by most that the offence 
of petit treason continued in this State after the adoption 
of our republican form of government, as to slaves at least, 
and that the punishment usually inflicted was to be burnt 
at the stake. ''History," said a very wise man, "is philos- 
ophy teaching by example." It is well to consider closely 
the doings of our ancestors. When those acts were wise 
and just, honest and patriotic they should serve as examples 
to excite our emulation and shame us against departing 
therefrom. When the deeds of our forebears are not such 
as to be cause of pride and imitation, we should rejoice that 
we live in happier times, in the noonday splendor of greater 
enlightenment, and measure the progi*ess we have made by 
our distance from the evil precedent. 

Your magazine has been a depository of much curious 
as well as useful historical data, which but for it would 
long since have passed beyond proof and beyond recall. I 
therefore send you a copy of one of the few remaining 
records of the judicial executions by burning at the stake 



112 THE NOKTH CAROLIjSTA BOOKLET. 

which have taken place since the adoption of the Constitu- 
tion of 17Y6. 

The Act of 1741, which continued in force till 1793, 
provided that if any negroes or other slaves (and there were 
other slaves in those days), should conspire to make an in- 
surrection or to murder any one they should suffer death. 
It was further provided that any slave committing such 
offence or any other crime or misdemeanor should be tried 
by two or more Justices of the Peace and by four freeholders 
(who should also be owners of slaves), ^'without the solem- 
nity of a jury; and if the offender shall be found guilty 
they shall pass such judgment upon him, according to their 
discretion, as the nature of the crime or offence shall require, 
and on such judgment to award execution." It further 
provided that this commission should assess the value of 
any slave executed by them and report to the next Legis- 
lature, who should award the owner of such slave the com- 
pensation assessed. 

The following is a verbatim copy of one of the certificates 
made to the Legislature to procure pay for a slave executed 
under said act: 

State of No. Cakolina: Brunswick County. March 5th, 1778. 

At a Court held for the tryal of a negro man slave for the murder 
of Henry Williams, said fellow being the property of Mrs. Sarah 
Dupree. 

Justices of the Peace present. Freeholders: 

William Paine John Stanton 

John Bell James Ludlow 

Thomas Sessions Needham Cause 

Aaron Roberts. 
According to law valued said negro James at eighty pounds 
Procklamation Money. 

The Court proceeded on said tryall and the said fellow James 
confessed himself to be One that had a hand in the murdering of 
said Henry Williams in concurrence with the evidence of four other 
mallefactors that were Executed for Being Concerned in said murder 
on the 18th. day of March 1777. 



A FORGOTTEN LAW. 113 

Ordered that the Sheriff take the said Jimmy from hence to the 
Place of execution where he shall be tyed to a stake and Burnt Alive, 
Given under our hands this 5th. day of March 1778. 

Justice of the Peace: Freeholders: 

William Gause Aaron Roberts 

John Bell John Stanton 

Thos. Sessions Needham Gause 

Jas. X Ludlow 

his mark 

State of No. Carolina — Brunswick County. 

We, the undernamed persons being summoned as Justices of the 
Peace and freeholders of the County aforesaid to hold a court for 
the Tryall of a negro man slave named James the property of Mrs. 
Sarah Dupre for the murder of Mr. Henry Williams of Lockwood 
Polly do value the said slave James at the sum of Eighty pounds 
Procklamation Money. Given under our hands this 5th. day of 
March 1778. 

Justices of the Peace Freeholders: 

William Gause Aaron Roberts 

John Bell John Stanton 

Thos. Sessions Needham Gause 

his 

Jas. Ludlow X 

mark 

The Journals of the Legislature show that the assessed 
compensatioii, "^eighty pounds proclamation money," was 
voted to Mrs. Sarah Dupree, the owner of said slave. 

There is a similar record in Granville County, showing 
^that on 21 October, 1773, Robert Harris, Jonathan Kit- 
trell and Sherwood Harris, Justices ; and Thomas Critcher, 
Christopher Harris, Samuel Walker and William Hunt, 
freeholders, tried and convicted Sanders, a negro slave of 
Joseph McDaniel, for the murder of William Bryant, and 
he was sentenced to be burnt alive on the 23d — two days 
thereafter. 

Doubtless there are records of similar proceeding in other 
counties, if not destroyed in the lapse of time, but these two 
will serve as a curious reminder of a by-gone age.' After 
1793, the slave charged with murder became entitled to a 



114 THE NORTH CAROLINA BOOKLET. 

trial bj a jury of freeholders, and one of the most splendid 
efforts of the late Hon. B. F. Moore was in behalf of a 
slave tried for murder. His brief in that case and the 
opinon of the Court, delivered by Judge Gaston, will remain 
enduring monuments of the claim of both to abiding fame. 
The opinion and brief will be found reported in State v. 
Will 18 K. C. 121-172. 

While the circumstance I have attempted to rescue from 
oblivion may not seem to the credit of the men of that day, 
it is an historical, social and legal fact which will serve to 
"show the age, its very fonn and pressure." It is to the 
credit of the next generation that the statute was repealed 
by a more humane and just one in 1793, and that the latter 
act was afterwards illustrated by the learning and impartial 
justice displayed by Court and counsel in State v. Will. 

It is true of the generations of men as of individuals 
that we "rise on stepping-stones of our dead selves to higher 
things." 



HISTORIC HOMES. 115 



HISTORIC HOMES. PART V: WELCOME 



BY ANNIE LANE DEVEREUX. 

"Welcome," the summer home of Willie Jones, stood near 
the eastern boundary of Raleigh on the spot where some of 
the buildings of St. Augustine Institute, a college for ne- 
groes, now stand. The tract adjoining was given by Col. 
Joel Lane, to his friend, Willie Jones, of Halifax, to be 
enclosed as a new park in the hope of inducing him to spend 
the hot months near ''Bloomsbury," Col. Lane's residence. 

At that time Wake County abounded in large game, as 
the names of some of its localities prove. Mr. Jones prob- 
ably enclosed his park. He certainly built a cottage at the 
foot of a gentle hill, and near a spring of clear, cool water, 
and in this cottage he spent part of every year. 

He was a man of mark in his day, and besides filling 
other important offices was Commissioner for the State at 
large on the committee which chose the site of the new Capi- 
tol, Raleigh. In spite of his splendid abilities he was very 
eccentric, and some of his "fads," — for the thing is as old 
as human nature, though the word is modern — were dis- 
played in the plan of his house. It was a one-story building, 
but the rooms were in the form of cubes, twenty-two and a 
half feet every way, it is believed ; the effect of the very 
lofty ceiling in comparatively small rooms was bad. The 
proportion being destroyed the windows seemed extremely 
long and narrow, and the tallest furniture was dwarfed. 
The manner of his burial was also most unusual. By his 
own direction he was buried in the garden at "Welcome," 
the grave being dug northeast and southwest; as this was 
supposed to be a practical expression of his disbelief in 
the Resurrection, it excited much painful feeling, and the 



116 THE ISrOKTH CAROLINA BOOKLET. 

conviction became general that "Old ISTortheast and South- 
west" could not rest in his grave, and that his uneasy spirit 
visited the place formerly familiar to the body. Heavy steps 
were heard in the hall, strange voices sounded through the 
rooms, an old disused spinet in the cellar was played by un- 
seen hands ; in short, for many years "Welcome" had the 
eerie name of a haunted house. 

After the death of Willie Jones the place was purchased 
by Judge Henry Seawell, a nephew of Nathaniel Macon, who 
had married a daughter of Maj. John Hinton, of "Clay 
Hill" ; he enlarged the house, adding a second story, and mak- 
ing other improvements, and here he lived for manj^ years in 
peace and prosperity quite undisturbed by ghostly visitants. 
While still a young man Judge Seawell deemed it wise to 
select and enclose a spot as a burial place for his family, 
and taking with him his favorite body servant, Brittain, he 
went into the deep woods far from any human habitation, 
chose a sjjot that seemed to him peculiarly retired, and had 
built a heavy stone wall enclosing a space of the sixteenth of 
an acre or less, hoping that he and his would here rest in the 
silence of nature, hidden in the wild and lovely woods. But 
by a strange irony of fate the woods have long since been 
cleared away, the whole estate having passed into the hands 
of strangers, and a public road now runs within a few feet of 
the wall of the old burial place. 

After the death of Judge Seawell his widow sold the place 
and moved into town. It then changed hands rapidly, hav- 
ing many owners, and standing for long periods shut up and 
deserted. Its last possessor fled in terror at the approach of 
Sherman's bummers in 1865, the empty house was occupied 
by negroes, and later in the same year it was burned to the 
ground. 



ROWAN COUNTY WILLS AND MARRIAGE BONDS. 117 

ROWAN COUNTY WILLS 



COMPILED BY MRS. M. G. McCUBBINS. 



Thomas Gillespie (Book G, page 3), November 15, 1796. 
Wife: Kaomi. Sons: Thomas, David, Isaac, Eobert, Alex- 
ander the home place, George, John and James. Daughters : 
Martha Allison (widow) and Lydia Knox. Grandsons : 
Thomas (James' son) Thomas (Isaacs' son), Thomas and 
Jacob (George's sons). Others: Thomas Allison, Thomas 
Knox. Ex : Sons Thomas and Eobert. Witnesses : Thomas 
Irwin and Philip Patmer. 

William Gilbert (Book G, page 46), August 12, 1787. 
Son: Eleazer. Daughters: Huldah (or "Huldreth day"), 
Mary. Granddaughter : Rachel Backer. Executor : Friend 
John Gross. Witnesses : Thomas Piukston, John Cress and 
Ediff (her X mark) Cress. 

George (his X mark) Gentle (Book G, page 45), April 10, 
1795. Wife: Firlender (or Felender). Sons: Thomas and 
Joseph. "Other children" (not named). Executor: Wife, 
Felender. Test: Xathan (his IST mark) Sap ( ?) and Ralph 
Ford. 

Christina (her D mark) Getchen (Book G, page 48), 
March 8, 1790. Sons: John and Frederick. Daughter: 
Elizabeth. Grandchildren: Christina and Elizabeth (chil- 
dren of Jacob Filer), Elizabeth (daughter of Jacob Getchen) 
and Christina (daughter of John Getchen). Executor: 
Friend John Getohen ( ?). Test: Michael Brown, Jr., and 
John Stranger. 

John Graham, a planter (Book G, page 66), February 1, 
1795 (of Third Creek). AVif e : Sarah. Children: Sarah, 
Mary, James, Richard, Moses, Margaret, William Arm- 
strong Serah John and Samuel. Executors : Brothers Rich- 



118 THE NORTH CAROLINA BOOKLET. 

ard and James Graham. Test: Benjamin Brandon, Jolin 
Dickey and John Graham. 

James Graham, "old and infirm" (Book G, page 67), Sep- 
tember 2, 1788. Sons: Richard, John and James. Daugh- 
ter: Jane Graham. Grandson: James (son of John). Exec- 
ntor: Son, James. Test: John Lowrance, Jr., John Carri- 
gan and Samuel Yonng. 

Edward (his X mark) Gates (Book G, page 69), Septem- 
ber 28, 1799. Wife: Esther. Sons: Joseph. Daughters: 
Mary (wife of Walter Odaniel), Elizabeth (wife of Lenerd 
Jones) and Dorothea (wife of Samuel Smith), Rachel (the 
wife of Richard Lanim, Others mentioned: Daniel Cos- 
grove. Executors : Wife Esther and son Joseph. Test : 
George iSTiblock, John Hembree and Lyddy (her X mark) 
Hembree. 

James Gheen, a cabinet maker. Senior (Book G, page 71), 
April 26, 1796. Wife: Elizabeth. Sons: James, Joseph 
(the youngest son). Sons-in-law: John Roberts, Silas Dunn. 
Daughters : Hannah, Elizabeth, Elenor and Rachel. Grand- 
son: James (son of Thomas Gheen). Executors: Wife Eliz- 
abeth and son-in-law Siles Dunn. Test : James Kincaid, Sr., 
James Kincaid, Jr., and George Dunn. 

Ellonor (or Eleonor) Graham (Book G, page 75), May 
10, 1782. Sisters: Else, Jane, Agnes. Mother: Agnes Gra- 
ham. Cousin: Agnes ("daughter of my brother James"), 
Maryi ("daughter of my* brother Richard"), Eleanor 
("daughter of my brother Joseph"), Elizabeth Gilespey ("my 
loving sister Janes' daughter"). Executors: Mother Agnes 
Graham and "brother Richard." Xo witnesses. 

John Gardiner, a miller (Book G, page 77), March 11, 
1791, Sons: James, John, Robert and Francis. Daughter: 
Martha Vikers. Grandson: David (son of Francis). 
Granddaughter: Francis (daughter of my son Francis Gard- 



KOWAN COUNTY WILLS AND MAREIAGE BONDS. 119 

ner). Executor: Son John. Test: James McCullock, John 
Brown and Peter Frieze. 

John Garret (Book G, page 81), May 18, 1793. Wife: 
Marj. Children : Elizabeth, Mary, John, Daniel, William, 
Wiley and James. Executors : Wife Mary and Daniel 
Wood. Test: John Baily, Jr., John Wood and Moses Daty. 

Henry (his X mark) Gussey (Book G, page 83)^; August 
18, 1794. Wife: Marget Guifey. Sons: John and Henry. 
Daughters : Jean Luckey, Elizabeth Hughes, Mary Guifey. 
Executors : Wife Marget and sons John and Henry Guff ey. 
Test : John Evans, Jr., and Samuel Hughes. 

William (his X mark) Graham, a farmer (Book G, page 
86), December 12, 1787. Wife: Is probably Jean (see Book 
G, page 64, where this will is unfinished). Sons: John (the 
home place), James, William (the youngest son). Execu- 
tors : John Hall and Eichard Graham. Witnesses : Robert 
Love, William Law and Mary Graham. 

John Gill (Book G, page 91), April 1, 1796, a noncupa- 
tive will proven by Mary Dowdy April 5, 1796 and in 
Goochean County, May 16, 1796, by Molly Dowdy and Willy 
GilL Wife: Agnes. Daughter : Witty Gill. Executor (?) : 
Joseph Wattaus. Test : Wm. Miller, C. S. C. 

EOWAN MAREIAGE BONDS. 

Henry Bakor, James Bowers (both names used, but James 
signs) to Barbara Bowers. May 10, 1758. James Bowers 
and Thos. Fosne or Eorster ? (Both may be carpenters.) 

William Best to Catharine Goodhart. January 19, 1762. 
William (his WB mark) Best, William Williams and John 
Johnston. William Carson (Will Eeed). This bond is 
made in Anson County. 

Robert Black to Elenor Russell. March 5, 1762. Robert 
Black, Henry Horah and John Cussens. (Will Reed.) 

Thomas Butner to Sarah Elrode. July 11, 1762 ( ?) 1764. 
4 



120 THE NORTH CAROLINA BOOKLET. 

Thomas Biitner, Adam Retner( ?) and Adam (his X mark) 
Biitner. (Thomas Frohock.) 

John Bibby to Jane Ruth. July 28, 1762. John (his X 
mark) Bibby, Mark Whiteaker and Joshua Whiteaker. 
(John Frohock and Thos. Frohock.) 

James Buntin to (no name). June 23 (or 28?), 1763, 
James J. Buntin, Jos, Erwin and John Buntin. (John Fro- 
hock.) 

James Bell to Margret (or Marget ?) Denny. March 25, 
1764. James Bell, William Denny and John McKnight. 
(Thos. Donnell.) 

William Baley to Mary Jones. April 3, 1764. William 
(his B mark) Baley, Wm. ISTapery (or Nassery) and Matt, 
Lang. (Thomas Frohock and Will Ca en.) 

A note enclosed "April ye 2th Day, 1764, mester John 
frake Esquer Wee humly in tret yo to let ye berer William 
Bile have a lisons of mereg we the per have Agred John 
iany(?). Daved Bale his mark B." 

Charles Bussey to (no name). March 28, 1765. Charle? 
(his X mark) Bussey, James Whittier( ?), Francis (his E 
mark) Taylor. (John Frohock.) 

George Black to Rachal Wethrow. September 24, 1766. 
George Black, John Carson and Samuel Withrow. (Thomas 
Frohock. ) 

Joseph Burk to Margret Granl (Grant?). December 29, 

1766. Joseph (his B mark), Burk, John England and James 
(his B mark) Burk. ( [ ?]idon Wright.) 

AValter Bell (or Bill ?) to Margret Duncan. January 3, 

1767. Walter Bell and Thomas hill. (John Frohock.) 
John Buntin, Jr., to Mary McClun. January 16, 1767. 

Johny Buntin, John Bonten, Sr., and George Senley. 
(Thos. Frohock.) 

Philip Byer to Mary Somison. February 9, 1767. 



EOWAN COUNTY WILLS AND MARRIAGE BONDS. 121 

Phillip (his X mark) Byer, Fredrick (his X mark) Somison 
and Gaspar Smith. (Thos. Frohock.) 

John Beeman to Margret Hnnler (Hunter [?]). May 19, 
1767. John beeman, George Smiley, Oliver Wallis and 
Junius (?) Quick. (Thos. Frohock.) 

Hcnery Eessand Bussle to Sophiah Layle(?). June 10, 
1767. Henery Eessand Bussle and Christopher Rindleman. 
(These are written in Dutch( ?) and translated.) (Thos. 
Frohock. ) 

Rudome Bussell to Charity Smith. September 4, 1767. 

Rudome (his R mark) Bussell, John Turner and ? 

(in Dutch ?) . (John Frohock. ) 

Richard Berry to Ribna( ?) Hawkins. September 24, 
1767. Richard (his X mark) Berry and William Simpson. 
(Thorn. Frohock.) 

John Hawkins and wife send note of consent, September 
22, 1767, for their daughter's marriage with Richard Berry. 

William Brown to (no name). January 4, 1768. Wil- 
liam Brown, Shadreck (his S mark) Williams and William 
(his P mark) W^illiams. (Thomas Frohock.) 

William Brown to Eliz. Huff. January 4, 1768. William 
Brown, Jonathan huff and Andrew Endsvoorth. (Thomas 
Frohock.) 

David Butner to Mary Crane. April 9, 1768, David 
(his D mark) Butner and Wm. Xassery (or Xapery?). 
(Thos. Frohock.) 

John Boone to Martha Quin. October ( ?) 19, 1768. John 
(his X mark) Boone and Jas. Cooper. (Thos. Frohock.) 

Jacob Bringer to Mary Prock. December 5, 1768. Jacob 
(his i mark) Bringer, Mathias Prock and William Brown. 
(John Frohock.) 

''Thease( ?) are to sertify that I Marget apock( ?) Doe 



122 THE NOETH CAROLINA BOOKLET. 

Give my face conssent to this marriage of my Daughter Mary 
to Jacob Brviiiger Given from under my hand 

MarGert'ysock( ?) 
this 5 Day of Dasember 1768 
Wm. Charles Kiles." 

"This is to Certify That Barringer 

William Alexander" 

Daniel Brown to Mary Miller. (No other date), 1768. 
Daniel Brown and William Patton. (H. ? M. Goune.) 

Abraham Brown to Mary Hardmon. January 27, 1769. 
Abraham Brown, Joseph (his X mark) Hartmon and Mich- 
ael Waller. (These men may be Dutch.) (Thos. Frohock.) 

Thomas Bestow ( ?) to Elizabeth Murphy. June 7, 1769. 
Thomas (his X mark) Bestow and Zac( ?) Craige. 

("Clio ? be kind Enough To Let Thos. Betzer have Lisons 
Jas. Craige will be Security He Be Over and pay you Ery- 
day Pray Let him have thim and you will Greatly Oblige 
Sir your Humble Servant 

To Cllo(?) John Frohock. Geo. Magonne" 

James Bell to Issabell S lorry ( ?). June 22, 1769. James 
Bell, thomas Hill and John Frohock. 

"Mr. Cornall frohack I desir the favour of you to Let 
the Bearer James Bell have the Licence for it is By Concent 
of all pertys and in so doing you will obledg your humble sir 
William AVhite this given from under my hand this twen- 
teeth day of June in the ye year of our Lord — 1769 wit- 
ness present Samuel Hughey 

Margret (her X mark) Mcknight 

Martin Beffell to Barbary Eoadlap( ?). June 28, 1769. 
Martin (his X mark) Beffell, Paul (his X mark) Beffell and 
Dan^ Little. 

Joseph Biles to Ann Johnson. Xovember 16, 1769. Jos- 
eph Biles, William Frohock and Moses (his M mark) 
Pearse"(?). (Thomas Frohock.) 



EOWAN COUNTY WILLS AND MARRIAGE BONDS. 123 

George Bullon (Bullin ?) to Hester Stroser. January 28, 
1772, George Bullon, Jacob Brown and Conrad Bullon. 
(These may be in Dutch ?) 

A letter to Frohock : 

"Sir this is to inform you that the Bearer ( ?) ? 



has made shute to my Daughter Jean Brown in purpose of 
niarig and these are to Certify that we are agread there with. 
Sir I Remain your hu^ ser*^ Margret Brown, 
December the 1, 1769." 

There are few "ts" crossed in the above note. 

William Brown to Dianna Davis, May 6, 1772. William 
(his X mark) Brown, Jno. Blaloc (lry[?]) and Henry 
Strange, (John Frohock,) 

Benjamin Burgin to Lear Man (or Mar?). ISTovember 18, 
1772. Benjamin Burgin and Dan' Little. (Ad. Osborn.) 

A note to Mr. Osborn (Clerk) from George Davison ( ?) 
IsTovember 18, 1772, 

Joseph Bryan to Easther Hampton. ISTovember 30, 1772. 
Joseph Bryan and John Bryan. (Ad: Osborn.) 

William Bailey to Isbell Berson (or Benson?). August 
10, 1774. William Bailey, Andrew Eeed. (Ad: Osborn.) 

John Bryant to Eebenah Orten, August 26, 1774. John 
Bryan and John orten. (Ad Osborn.) 

Jacob Brown to Elizabeth Artmire. August 29, 1774. 
Jacob (his X mark) Brown and Dan'. Little. (Ad Osborn.) 

Thomas Blackmore to Anne Cornelison ("Spinster"). 
September 6, 1774. Thomas Blackemere and Garritt (his 
X mark) Cornelison, (Ad Osborn.) 

James Barr to Elizabeth McCorkle. December 18, 1774. 
James Barre and Matt: Troy. (Ad Osborn.) 

Eobert Buntain to Sarah Renshaw. January 18, 1775. 
Robert Buntain and Elijah Renshaw. (James Robinson.) 

Joshua Baldwin to Elizabeth Wells, January 28, 1775. 



124 THE NORTH CAROLINA BOOKLET. 

Joshua Baldwin and William (his X mark) Wells. (Jam^ 
Eobinson.) 

Valentine Beard to Obedianee Giles. February 14, 1775. 
Valentine Beard and John Lewis Beard. (Ad Osborn.) 

Harmon Butner to Jemima Merrill. February 28 (20?), 
1775. Hermon Butner and Jonathan Conger. (No name.) 

Andrew Boston to Sarah Hunehparier. May 25, 1775. 
Andrew Boston and George Savadge. (These above may be 
Dutchmen.) (David Flowers.) 

Peter Butner to Betty Bussell. August 3, 1775. Peter 
butner and Pressley Bussell. (Ad Osborn.) 

William Brandon to Hannah Erwin. September 6, 1775. 
William Brandon and David Woodson. (D. Flowers.) 

Daniel Biles to Jean Conger. December 30, 1775. Dan- 
iel Biles and Jonathan Conger. (Ad: Osborn.) 

Eulif!(?) Booe to Mary Bushellson. March 9, 1776. 
Kuliff (his R mark) Booe and John Hunter ("huter.") 
(Ad : Osborn.) 

John Barr to Mary King. March 28, 1776. John Barr 
and Thos. King. (Ad Osborn.) 

William Bell to Margaret McNeely. April 1, 1776. Wil- 
liam Bell and James Brandon. (Ad: Osborn.) 

James Benson to Margret Kerr. December 1, 1777. 
James Benson and Joseph Kerr. (Ad. Osborn.) 

Samuel Brace to Dorothy Davis. February 4, 1778. 
Samuel Brace and William Brandon. 

Henry Bullinger to Mary Savits. December 20 (28?), 

1778. Henry bollinger( ?) and George Savits( ?). (These 
are in Dutch?) (William B. Davie.) 

George Brown to Barbara Wasnbouoy( ?). January 2, 

1779. George Brown and Jacob Brown. (William R. 
Davie.) 

John Barry to Susanna (?) Patterson ( ?). February 5, 



ROWAN COUNTY WILLS AND MARRIAGE BONDS. 125 

1779. John (his X mark) Barry and Caleb (his X mark) 
Bedwel. (William E. Davie.) 

John Brinneger to Lucretia Linville. February 9, 1779. 
John Brinneger and Samuel Bryan. (William R. Davie.) 

Harbert Blackburn to Martha Brandon ( ?). March 4, 
1779. Harbert Blackburn and John Brandon. (William 
R. Davie.) 

Samuel Bryan to Rachael Jacks. March 10, 1779. Sam- 
uel Bryan and Rudolf March. (Ad: Osborn.) 

Samuel Burns ( ?) (Barns? or Busner?) to Rachel Tur- 
ner. March 20 28(?), 1779. Samuel Burns (?) (Barns? 
or Busner?) and James Turner. (Wm. R. Davie.) 

George Brandon to Rebena or Rebecca ( ?) lS[eely( ?). 
March 22, 1779. George Brandon and Wm. Temple Coles. 
(Ad Osborn.) 

Archibald Bready to Margret Ervin. May 28, 1779, 
Archabil Breadey and Samuel Irwin. (Ad Osborn.) 

A note of consent from Margret's father, George Irwin, 
"May ye 27, 1779." 

Samuel Bryson to Martha Bogle. June 14, 1776(?), 
1779 (?). Samuel Bryson and Samuel Bogel. (Ad: Os- 
born. ) 

Nathan Baddy to Anne Brice. September 9, 1779. ISTa- 
than Baddy and John (his X mark) Baddy. (Ad: Osborn.) 

James Ballendine (a carpenter) to Ann Burke. Decem- 
ber 4, 1779. James Ballantine and James (his i mark) 
Townsley (a silversmith). (B. Booth Boote.) 

Aquilla Barns to Hannah Lee. September 20, 1779. 
Aquilla D. Barns and Shadrack Barnes. (Ad: Osborne.) 

Benjamin Baker to Comfort Sewel. October 8, 1779. 
Benjamin Baker( ?) and Samuel Sewell. (Jo. Brevard.) 

ISTathan Briggs to Mary Scriviner. September 29, 1779. 
l^athan Briggs and Thomas (his X mark) Briggs. (Jo. 
Brevard.) 



126 THE ]SrOETII CAROLINA BOOKLET. 

Patrick Barr to Agness Killpatrick. ISTovember 17, 19 ( ?). 

1779. Patrick Barr and John Kil]}Datrick. (Ad: Osborn.) 
William Buham( ?) to Sarah Patterson (a spinster). Jan- 
nary 29, 17S0. William Batram( ?) and William Patter- 
son. (B. Booth Boote.) 

Elijah Bank to Ef!y Gordon. March 15, 1780. X 
and Willian( ?) McKay. (B. Booth Boote.) 

Benjamin Biggs and Abigail Trayer( ?). May 15, 1780. 
Benjamin Bigs and Daniel Clary. (B. Booth Boote.) 

Elias Baker to Sarah Holbrook (a "spinster"). May 20, 

1780. Elias Baker and Beal Baker. 

John Beard to Margret Wood. December 4, 1780. John 
Beard and James McEwen. (Ad Osborn.) 

Daniel Bentley to I^ancy Lewis. February 8, 1782. Dan- 
iel Bentley and Peter (his X mark) Lewis. (Ad: Osborn.) 

James Bunch to Hanna Walks. February 7, 1782. James 
Bunch and Samuel Van Ellen. 

Eobert Bell to Jane Miller. November 30, 1782. Eobert 
Beel and John Miller. (William Crawford.) 

Hugh Boyd to Jean Boyd. December 13, 1782. Hugh 
Boyd and Thos. Anderson. (William Crawford.) 

John Baldridge to Margaret Boston. July 29, 1782. 
John Baldridge and Dorunton( ?) Boston. (J. H. C. 
Caule.) 

Obediah Baker to Patience Roberts, December 20, 1782. 
Obediah (his X mark) Baker and David Woodson. 

William Bone to Margret Lansden. February 25, 1783. 
William Bone and Robert Lansden. (Ad: Osborn.) 

Thomas Bolph to Mary Harison. January 20, 1783. 
Thomas Boolph and Abener (his X mark) Schetor. (Wil- 
liam Crawford.) 

Benjamin Boone to Mary Wilson. February 25, 1783. 
Benjamin Boone and Ebenezer frost. 



EOWAW COUNTY WILLS AND MARRIAGE BONDS. 12Y 

Thomas Biles to Tabithali Marburry. March 5, 1783. 
Thomas Biles and Charles Biles. 

Thomas Brotherton to Mary McLeland. March 17, 1783. 
Thomas Brotherton and John Bons. (T. H. McCaule.) 

John Braley to Mary Beatie. May 5, 1783. John Braley 
(no other witness.) 

Christopher Baker to Agnes Forster. May 13, 1783. 
Christopher Baker and Conrad Brem. 

George Burkehard to Mary Kipley. June 24, 1783. 
George (his X mark) Burkehard and Ileni-y Winkler. 

Isaiah Brown to Jean McKee. July 22, 1783. Isaiah 
Brown and Alex McKee. (Ad: Osborn.) 

William Brown to Eliz. Hughey. October 15, 1783. Wil- 
liam Brown and James Houston. 

William Beard to Elizabeth Brevard. ISTovember 17(?), 
1783. William Beard and Zebulon Bravard. (Ad: Osborn.) 

Andy Brison to Agness E'aill. Dec. 17, 1783. Andy Bry- 
son and Pamall(?) I^ail? (Moses '^ ? ylie.) 

John Brevard, junior, to Hannah Thompson. December 
22, 1783. John Brevard and Ad. Brevard. (T. H. Mc 
Caule.) 

Jacob Bullinger to Caty Savits. June 15, 1784. Jacob 
Bollinger and George Savits. Hugh Magoune. 

Samuel Berkley to Mary Davis. July 5( ?), 1784. Sam- 
uel (his X mark) Barkley and Henry Davis. Hugh Ma- 
goune. 

Daniel Beem to Mary Xeely. October 1784. Daniel 
Beem and Elijah Renshaw. (H. Magoune.) 

Abraham Brown to Cathrine Bonorher Borrorhey( ?). 
October 18, 1784. Abraham (his X mark) Brown and 
Charles Dunn. (H. Magoune.) 

James Barr to Elizabeth McCaule. January 24', 1785. 
James Barr and Harris. (ISTo name.) 



128 THE NORTH CAROLINA BOOKLET. 

Lewis Beard to Susan Dunu. January 27, 1785. Lewis 
Beard. (No witnesses.) 

Geo. H. Berger to Cathrine Casper. March 23, 1785. 
Geo. H. Burger ( ?) and Ad: Osborn. 

Martin Basinger to Mary Braun. June 11, 1785. Mar- 
tin Basinger and Martin Beffle. (Hu. Magonne.) 

James Brown to Fanny Johnston. August 29, 1785. 
James Brown and Moses Linster. 

John Bartly to Jean Knox. JSTovember 3, 1785. John 
Bartly and Samuel Knox. (Margret Chambers.) 

John Bowers to Mary Moore. December 23, 1785. John 
Bowers and Val : Beard. 

William Brown to Phoebee Gillom. January 12 ( ?), 1786. 
William Brown and Philip Fishburn. (W. W. Erwin.) 

Henry Bryan to Elizabeth Sparks. February 11, 1786. 
henry Bryan and Thos. Enochs. (W. W. Erwin.) 

Joseph Brown to Susannah Whitaker February 23, 
1785 1786(?). George Davidson. 

Samuel Bellah to Jean Morgan. July 15, 1786. Samuel 
Bellah and Mo.' Bellah. (Jno. Macay.) 

John Buckner to Lucretia Tatom. July 22, 1786. John 
(his X mark) Buckner and henry Whiteaker. 

Thomas Bailey to Jean Bailey. August 29, 1786. 
Thomas Bailey and Jno. Bailey. (Jno. Macay.) 

Jadock Bell to Nancy Begerly. September 16, 1786. 
Jadock Beall and Evan Bealle. (Jno. Macay.) 

Thomas Beatey to Margaret Harden. September 30, 
1886. Thomas Beaty and William Harden. (Jno. Macay.) 

Michael Beard to Margaret Zevelly. January 9, 1787. 
Michael Beard and J. L. Beard. 

Corbin Bevins to Katerine West. February 12, 1787. 
Corbin (his X mark) Bevins and William (his X mark) 
West. (Wm. Cupples.) 



EOWAN COUNTY WILLS AND MAKRLIGE BONDS. 129' 

James Barklej to Sarah Knox. April 14, 1787. Henry 
(his O mark) and William knox. (Max Chambers.) 

William Bowman to Elizabeth McFarson. May 14, 1785. 
William Bowman and John Mcpherson. (Ad. Osborn.) 

Charles Bealey to Mary Gibson. May 26, 1787. Charles 
Beaty and John (his X mark) Albright. (Jno. Macay.) 

John Bone to Kebecca Potts. October 24, 1787. John 
Bone and Henry Potts. (D*^. Caldwell.) 

James Bell to Ellinor McNeely. E'ovember 15, 1787. 
James Bell and Alexander MclSTeely. (J. McEwen.) 

John Ball to Agness Adams. January 5, 1788. John 
Ball and Abraham Adams. (J. McEwen.) 

Benjamin Brandon to Mary Knox. February 4, 1788. 
Benjamin Brandon and James Wilson. (Dav Crawford.) 

John Boyd to Hannah Boyd. February 16, 1788, John 
Boyd and Thomas Thompson. (Ad. Osborn.) 

William Braley to Honour Carson. February 21, 1788. 
W. L. B. Y.( ?) and Hugh Carson( ?). (J. Mc- 

Ewen.) 

Humphrey Brooks to Lettice Boleware ? February 24, 
1788. Humphrey Brooks and William (his X mark) Wam- 
mock. (J. McEwen.) 

Thomas Bracken to Mary Brenonger. March 21, 1788. 
Thomas (his X mark) Bracken and William Button (or 
Butter?) (J. McEwen.) 

David Blaze to Elizabeth Wenkler. May 31, 1788. 
David Blace ? Winkler (in Dutch ?) (Will- 

iam Alexander.) 

John Brown to Elizabeth Brown. July 21, 1788. John 
Braun(?) and Hugh Gray. (Ad. Osborn.) 

John Brown to Mary McCulloch. jSTovember 26, 1788. 
John Brown and John Bowman. ( ? Yarbrough.) 

Arron Varas to Eebecah Woods. August 7, 1788. Aaron 
voh ? and William Donaldson. (Wm. Alexander.) 



130 THE NOETII CAROLINA BOOKLET. 

Philip Bariihezer to Dally Clover. January 25, 1789. 
Philip (his b mark) Boruhizir and ( ? in Dutch?) (W. J. 
S, Alexander.) 

Abraham Buck to Elizabeth Waggoner (?). February 
24, 1789, (They are so blotted, I can not make them out.) 
(Will Alexander.) 

John Brandon to Jane Knox. March 10, 1789. John 
Brandon and Absalom Knox. P. Martin for (Ad. Osborn.) 

Robert Bradshaw to Betsy Haden. April 3, 1790. Rob- 
ert Bradshaw and Dugless Haden. C. Caldwell D C pro 
(Ad. Osborn C C.) 

Samuel Baley to Tomith Pearson. August 11, 1789. 
Samuel (his X mark) Baley and Robert Foster. (Basil 
Gaither.) 

Christopher Brandon to Sarah ISJ'ewman. October 15, 
1789. Christopher Brandon and John Brandon ( ?). 

David Boston to Barbarra Lydehher. November 3, 1789. 
David (his B mark) Boston and Peter Faust. (Evan Alex- 
ander.) 

William Bateman to Ruth Pinston. November 23, 1789. 
William batemans and J. G. Laumann. (Ed. Hains.) 

Samuel Bracking to Ann Breneger. December 20, 1789. 
Samuel (his X mark) Byacking( ?) and William Butler. 
(Basil Gaither.) 



KESOLUTIONS OF KESPECT. 131 



RESOLUTIONS OF RESPECT TO THE MEMORY 

OF MRS. HELEN DE BERNIERE HOOPER 

WILLS, WHO DIED JUNE 24. 1911 



IN MEMOEIAM. 

Whereas, God in His all perfect love and wisdom has 
seen it was well to remove from earth to a brighter, higher 
life our faithful member and beloved Genealogist and His- 
torian, Mrs. Helen De Berniere Hooper Wills : 

Theeefoke be it RESOLVED, That the North Carolina 
Society, Daughters of the Revolution, deplores the great 
loss sustained in her death. 

That they are truly grateful for the noble example of her 
well-spent life and fully realize that our Society has lost one 
of its most loyal, useful and wisest members, who held the 
esteem and love of all the other Daughters, whose devotion 
to the organization was realized in the painstaking service 
of the most valuable years of her life. 

That they will ever feel the absence of her presence, and 
lament the loss of her impartial guidance and wisdom in 
council, of her usefulness in a special line that knew not 
the bounds of any particular State. 

That we tender to the afflicted family our heartfelt sym- 
pathy in this great sorrow. 

That these resolutions be spread upon the minutes of the 
Society and a copy sent to the family. 

Maky Hilliaed Hinton, 
Mrs. E. E. Moffitt, 
Mrs. Hubert Haywood, 
Mes. James E. Shepherd, 

Committee. 



INFORMATION 

Concerning the Patriotic Society 

"Daughters of the Revolution*' 



The General Society was founded October 11, ISnO, — and organized 
August 20, 1891, — under the name of "Daughters of the American 
Revolution"; was incorporated under the laws of the State of New \ ork 
as an organization national in its work and purpose. Some of the mem- 
bers of this organization becoming dissatisfied with the terms of en- 
trance, withdrew from it and, in 1891, formed under the slightly differ- 
ing name "Daughters of the Revolution," eligibility to which from the 
moment of its existence has been lineal descent from an ancestor who 
rendered patriotic service during the War of Independence. 



'' *Pre North Carolina Society '' 

a subdivision of the General Society, was organized in October, 1896, 
and has continued to promote the purposes of its institution and to 
observe the Constitution and By-Laws. 



Membership and Qua!i'ications 

Any woman shall be eligible who is above the age of eighteen years, 
of good character, and a lineal descendant of an ancestor who (1) was 
a signer of the Declaration of Independence, a member of the Conti- 
nental Congress, Legislature or General Court, of any of the Colonies 
or States; or (2) rendeied civil, military or naval service under the 
authority of any of the thirteen Colonies, or of the Continental Con- 
gress; or (3) by service rendered during the War of tlie Revolution 
became liable to the penalty of treason against the government of Great 
Britain: Provided, that such ancestor always remained loyal to the 
cause of American Independence. 

The cliief work of the North Carolina Society for the past eight years 
has been the publication of the "North Carolina Booklet," a quarterly 
publication on great events in North Carolina history — Colonial and 
Revolutionary. $1.00 per year. It will continue to extend its work and 
to spread the knowledge of its History and Biography in other States. 

This Society has its headquarters in Raleigh, N. C, Room 411, Caro- 
lina Trust Company Building, 232 Fayetteville Street. 

1 



Vol. XI JANUARY, 1912 No. 3 



13he 



floRTH CflHOIiIHfl BoOKIiET 



** Carolina! Carolina! Heaven' s blessings attend her ! 
While we live we will cherish, protect and defend her.** 



Published by 

THE NORTH CAROLINA SOCIETY 

DAUGHTERS OF THE REVOLUTION 



The object of the Booklet is to aid in developing and preserving 
North Carolina History. The proceeds arising from its publication 
will be devoted to patriotic purposes. > Editor. 



ADVISORY BOARD OF THE NORTH CAROLINA BOOKLET 

Mrs. Hubert Haywood. Miss Martha Helen Haywood. 

Mrs. E. E. Moffitt. Dr. Richard Dillard. 

Mrs. Spier VVhitaker. Dr. Kemp P. Battle. 

Mr. R. D. W. Connor. Mr. James Sprunt. 

Dr. D. H. Hill. Mr. Marshall DeLancey Haywood. 

Dr. E. W. Sikes. Chief Justice Walter Clark. 

Mr. W. J. Peele. Major W. A. Graham. 

Miss Adelaide L. Fries. Dr. Charles Lee Smith. 

editor: 
Miss Mary Hilliard Hinton. 



OFFICERS OF THE NORTH CAROLINA SOCIETY 
DAUGHTERS OF THE REVOLUTION 1910-1912 

regent: 
Miss MARY HILLIARD HINTON. 

VICE-REGENT: 

Miss DUNCAN CAMERON WINSTON. 

honorary regent: 

Mrs. E. E. MOFFITT. 

RECORDING SECRETARY: 

Mrs. CLARENCE JOHNSON. 

CORRESPONDING SECRETARY: 

Mrs. PAUL H. LEE. 

TREASURER: 

Mrs. frank SHERWOOD. 

REGISTRAR: 

Mrs. JOSEPH CHESHIRE WEBB, Js. 

CUSTODIAN OF RELICS: 

Mrs. JOHN E. RAY. 



CHAPTER REGENTS 

Bloomsbury Chapter Mrs. Hubert Haywood, Regent. 

Penelope Barker Chapter Mrs. Patrick Matthew, Regent. 

Sir Walter Raleigh Chapter, 

Miss Catherine F. Seyton Albertson, Regent. 
DeGraffenried Chapter Mrs. Charles Slover Hollister, Regent. 



Founder of the North Carolina Society and Regent 1896-1902: 

Mrs. SPIER WHITAKER.f 

Regent 1902: 

Mrs. D. H. HILL, Sr.* 

Regent 1902-1006: 

Mrs. THOMAS K. BRUNER. 

Regent 1906-1910: 
Mrs. E. E. MOFFITT. 



•Died December 12, 1904. 
tDied November 25, 1911. 




SIR FRANCIS DRAKE. 



THE NORTH CAROLINA BOOKLET 

Vol. XI JANUARY. 1912 No. 3 



SIR WALTER RALEIGH AND HIS ASSOCIATES* 



ByR. D.W.CONNOR. 



We are standing today on the threshold of American his- 
tory. At no other point is it possible to obtain so general a 
view, so broad a sweep of the whole field of achievements by 
men of the English race in the New World as on this historic 
spot. The whole panorama of American history unrolls 
itself before us. That history began more than three hun- 
dred years ago when men of the English race, landing upon 
the sand banks which guard our eastern shore, laid their first 
firm grasp upon the American continent. How unconscious 
were those obscure sailors that they were there enacting one 
of the most significant scenes in the world's history ! Three 
and a quarter centuries have elapsed since that day, yet even 
now, after all the tremendous results that have followed in 
their train, we cannot fully appreciate the vast significance 
of that simple ceremony. But for that ceremony there may 
never have been a "Citie of Raleigh in Virginia," James- 
town and Plymouth Rock may never have become immortal 
names in American history, and English settlers may never 
have found their way to the shores of Albemarle Sound. 
Perhaps Wolfe might never have scaled the Heights of Abra- 
ham and Daniel Boone might never have cleared the way for 
English civilization beyond the Alleghanies. There may 
have been no Thomas Jefferson to write a Declaration of 
Independence, no George Washington to make good its prin- 

• Address by R. D. W. Connor before the Roanoke Island Colony Association, upon its 
annual pilgrimage to Roanoke Island, August 18, 1911, the 324th anniversary of the birth 
of Virginia Dare. 



136 THE NORTH CAROLINA BOOKLET. 

ciples for the benefit of all mankind, no Constitution of the 
United States to apply them practically to the government of 
a mighty people. For there upon the coast of North Caro- 
lina men speaking the English language, thoroughly imbued 
with the principles of English law and English liberty, first 
set foot on American soil with a view to permanent posses- 
sion, and thus led the way to the planting of English civili- 
zation amid the wild forests of the New World. 

I am fully aware that many eminent historians sharply 
dissent from this view. They count Sir Walter Raleigh's 
efforts to plant an English colony on Roanoke as among the 
great failures of history. This seems to me a narrow, short- 
sighted view. It would doubtless be correct were it possible 
to say that the history of the Roanoke settlements began 
abruptly in the year 1584 and ended abruptly in the year 
1587. But you cannot measure great historic events with a 
yard stick. Men die, ideas are immortal. The idea of 
another England beyond the waters of the Atlantic, con- 
ceived by the master mind of Sir Walter Raleigh, was the 
germ from which, through the developments of three cen- 
turies, has evolved the American ISTation of the twentieth 
century. There is a vital connection, both physical and 
spiritual, between Roanoke and Jamestown. Among those 
who founded Jamestown were ten of the men who had 
cooperated with Raleigh in the settlements at Roanoke. In 
these men we have the physical connection between the two, 
while to the idea conceived by Raleigh and to the spirit of 
conquest and colonization which his attempts on this island 
called into existence, the English race in Europe, in Asia, in 
Africa, in Australia and the islands of the sea, and in 
America, owes the world-wide predominance which it today 
enjoys among the races of mankind. Nothing can be clearer, 
therefore, than that we, looking back over the events of the 
last three centuries, can hail the Roanoke settlements as the 



SIE WALTER RALEIGH AND HIS ASSOCIATES. 137 

beginning of English colonization in America and through- 
out the world. 

The details of no event in English or American history 
have been more faithfully recorded, or are better known than 
the details of the three expeditions which Sir Walter Raleigh, 
during the years 1584-1586, sent to Eoanoke Island. ISTo 
good purpose, therefore, would be served were I now to 
repeat that familiar story. Of the authors of those events, 
however, the same cannot be said. Even in England, whose 
history was so greatly enriched by their splendid deeds, an 
eminent British historian classes some of them as among 
"England's forgotten worthies." Their memory deserves a 
better fate from English-speaking peoples on either side of 
the Atlantic. Men who conceive and men who execute great 
ideas should forever be held in honorable esteem that subse- 
quent generations of their fellow-men may be inspired to 
emulate their deeds and characters. Such a man was Walter 
Raleigh, and such, too, were Philip Amadas, Arthur Bar- 
low, Ralph Lane, John White, Sir Francis Drake, Sir Rich- 
ard Grenville, Thomas Cavendish and Thomas Harriot — that 
group of brilliant soldiers, sailors, adventurers and scholars 
whose names are inseparably connected with the story of 
Roanoke and to whose genius England owes her immense 
colonial empire of today. 

The marvelous deeds by which these men laid the founda- 
tions of that vast empire found their inspiration in loyalty 
to queen and country, love of liberty, and devotion to reli- 
gious convictions. At various times in English history an 
attack on any one of these sentiments has been sufficient to 
call forth the mightiest exertions of the English nation; 
during the closing years of the sixteenth century all three 
were attacked at one and the same time by one and the same 
arrogant power. Philip II of Spain, proclaiming Elizabeth 
of England an usurper, had laid claim to her throne. Mighty 



138 THE NORTH CAROLINA BOOKLET. 

armies and navies had been levied and equipped throughout 
his boundless dominions for the sole purpose of establishing 
the despotism of Castile by overthrowing the liberties of 
England. The Pope of Rome had commissioned His Most 
Catholic Majesty to lead a crusade against the National 
Church of England and "to inaugurate on English soil the 
accursed vs^ork of the inquisition." As one man, w^ithout 
regard to religious convictions or sectarian prejudices, the 
people of England sprang to the defense of the throne, the 
constitution, and the church with an enthusiasm that stirs our 
blood with pride even after the lapse of three centuries. In 
this contest with Spain, England was "pitted against the 
greatest military power that had existed in Europe since the 
days of Constantino the Great. To many the struggle 
seemed hopeless. For England the true policy was limited 
by circumstances. She could send troops across the channel 
to help the Dutch in their stubborn resistance, but to try 
to land a force in the Spanish peninsula for aggressive war- 
fare would be sheer madness. The shores of America and 
the open sea were the proper field of war for England. Her 
task was to paralyze the giant by cutting off his supplies, and 
in this there was hope of success, for no defensive fleet, how- 
ever large, could w^atch all Philip's enormous possessions at 
once."^ This was the work which was done so effectively by 
Paleigh and Drake, Amadas and Barlow, Grenville and 
Cavendish, that even until this day it has never been neces- 
sary to do it over again. 

Before I undertake to point out the special service which 
entitles each of these men to an honorable place in our his- 
tory, let me refresh your memories by stating briefly the 
relation which each bore to the Roanoke settlements. The 
connection of Sir Walter Raleigh with these events is known 
of all men. Philip Amadas and Arthur Barlow, you will 
remember, were the captains of the expedition dispatched 

> Fiske: " Old Virginia and Her Neighbors," I, 11, 22. 



SIE WALTER EALEIGH AND HIS ASSOCIATES. 139 

by Raleigh in 1584 to explore the country and select a place 
for the contemplated colony. Ralph Lane was governor of 
the colony sent out in 1585. The fleet in which his colony 
sailed was under the command of Sir Richard Grenville. 
With Grenville sailed that "wonderful Suffolk boy," Thomas 
Cavendish, aged twenty-two years, who, before he had reached 
his twenty-ninth year, had rivaled the exploits of Sir Francis 
Drake in the Pacific and circumnavigated the globe. Two 
of the colonists with Lane were John White, afterwards gov- 
ernor of the "Lost Colony," and Thomas Harriot, the histo- 
rian and scientist of the colony, to whose scholarly narrative 
we are indebted for most of our knowledge of its history. 
And finally there was Sir Francis Drake, whose timely 
arrival at Croatan in the summer of 1586 afforded Lane's 
homesick men an opportunity of returning to England. 

The impelling mind behind the achievements of these men 
was the mind of Walter Raleigh. Grenville, Amadas, Barlow, 
Cavendish, and the other glorious English "sea kings" of the 
sixteenth century understood England's problem well enough 
so far as it involved the ravaging of Spanish coasts and the 
plundering of Spanish treasure ships. But Raleigh under- 
stood that something greater and more permanent than such 
exploits was needed to establish English supremacy in Eu- 
rope and America. It was not sufficient for England to de- 
stroy the power of Spain ; she must at the same time build 
up the power of England. English colonies in North 
America would not only offset Spanish colonies in the West 
Indies, Mexico and South America, they would also develop 
English commerce and afford an outlet for English manu- 
factures. All this the far-seeing mind of Raleigh perceived 
in his great design. The work of Grenville, Cavendish and 
their fellow-rovers, though of vital importance to the accom- 
plishment of England's destiny, was destructive ; Raleigh's 
work was constructive in the hiohest degree. "An idea like 



140 THE NOETH CAROLINA BOOKLET. 

his has life in it, though the plant may not spring up at once. 
When it arises above the surface the sower can claim it. 
Had the particular region of the New World not eventually 
become a permanent English settlement, he would still have 
earned the merit of authorship of the English colonizing 
movement."- "BafSed in his first eifort to plant the English 
race upon this continent, he yet called into existence a spirit 
of enterprise which first gave Virginia, and then ISTorth 
America, to that race, and which led Great Britain, from this 
beginning, to dot the map of the world with her colonies, 
and through them to become the greatest power of the earth."^ 
First among the agents selected by Raleigh to carry his 
great design into execution were Philip Amadas and Arthur 
Barlow. Though these two daring sailors were the pilots of 
that great Anglo-Saxon migration from England to America 
which ranks among the greatest events in the history of the 
human race, yet the details of their lives are almost totally 
unknown. The fact that they were selected by so keen a 
judge of men as Sir Walter Raleigh to command his expedi- 
tion sets them much above the average adventurers of their 
day. They were, as we know, bold and experienced naviga- 
tors. The manner in which they conducted the enterprise 
entrusted to them showed them worthy of the trust placed in 
them. No expedition into an unknown region was ever con- 
ducted with more complete success. From first to last such 
was the judgment and skill of the commanders that not a 
single mishap occurred to mar their triumph. The report 
which they submitted to Raleigh upon their return to 
England reveals a thorough understanding of their profession 
and an extraordinary keenness of observation coupled with 
rare good judgment. In their dealings with the savages they 
displayed firmness of temper guided by brilliant diplomacy 
and clear comprehension of the savage character. That Sir 

s Stebbin: " Sir Walter Ralegh," p. 48. 

' Henry: "Sir Walter Raleigh," in Winsor's Narrative and Critical History of America, 
III. 105. 



SIR WALTER RALEIGH AND HIS ASSOCIATES. 141 

Walter Raleigh was pleased with the manner in which they 
conducted their enterprise is evident from the fact that in 
the colony which he sent out under Ealph Lane, in 1585, he 
appointed Amadas to the high and responsible position of 
"Admiral of Virginia." 

In Ralph Lane, Raleigh found a leader in whom were 
combined in a strange degree the character of the soldier and 
the spirit of the adventurer. Lane delighted in bold and 
arduous enterprises, but he always kept his eyes open to the 
main chance. In his character there appears something of 
the dauntless spirit of his cousin, the famous Catherine Parr, 
the last queen of Henry VIII. We find him constantly asso- 
ciated with Burghley, Walsingham, Raleigh, Drake, Haw- 
kins and Grenville in those great events which give to the 
reign of Elizabeth its chief glory. With Lord Burghley he 
was on terms of confidential relation and appears frequently 
in the character of his adviser upon important public affairs. 
From the queen he received more than one weighty commis- 
sion. In the very year in which Amadas and Barlow sailed 
for the ISTew World, Lane wrote that he "had prepared seven 
ships at his own charges, and proposed to do some exploit on 
the coast of Spain," and delayed only until he should receive 
the queen's commission and the title of ^General of the 
Adventurers.' " When all England was in a fever of excite- 
ment over the approach of the Armada, called "Invincible," 
Lane was entrusted with carrying into effect measures for 
the defense of the coast, and at a later date was appointed 
"to assist in the defense of the coast of Norfolk." The next 
year, after the Armada had been shattered, he sailed with 
Drake on an expedition to the coast of Portugal, and in 
1590 he was with Sir John Hawkins on a similar adventure. 
During the Irish rebellion of 1593-1594 he served with the 
royal army and won special commendation for his conduct. 
Yet in spite of the high consideration in which he was held 
by England's great leaders, we are told that all his life Lane 



142 THE NORTH CAROLINA BOOKLET. 

was a great beggar. If so he was a royal beggar, for he 
begged only from his sovereign, as many greater men have 
done, and in his mendicancy there was nothing mean or 
groveling. Sir Henry Wallop complained to Lord Burghley 
that Lane, while sheriff of County Kerry, Ireland, expected 
"to have best and greatest things in Kerry, and to have the 
letting and setting of all the rest."* 

Such was the man whom Raleigh selected to lead his first 
colony. x\t the time Lane was on duty for the crown in 
Ireland, but the queen ordered a substitute to be appointed 
in his government of Kerry and Clammorris, *4n considera- 
tion of his ready undertaking the voyage to Virginia for Sir 
Walter Raleigh at Her Majesty's command." The event 
proved the wisdom of the choice. In his management of the 
colony Lane displayed executive ability and foresight. His 
dealings with the Indians were courageous and sagacious. 
He pushed his explorations with energy and intelligence. 
As Hawks has well said, a review of his conduct reminds us 
forcibly of the proceedings of Captain John Smith under 
circumstances not unlike his own. Lane remained at Roa- 
noke only one year. At the end of that time force of cir- 
cumstances over which he had no control compelled him to 
choose between starvation and the abandonment of the under- 
taking. Like a prudent man upon whom devolved the re- 
sponsibility of men's lives, after making every reasonable 
effort to carry his work to successful conclusion, he reluct- 
antly and regretfully chose the latter alternative. For this 
choice historians have censured him because, a few days 
after his departure, Sir Richard Grenville arrived at Roanoke 
with men and supplies sufficient to have placed the colony on 
its feet. But Grenville had long been overdue, and fairness 
to Lane requires that we should judge his conduct by the 
information which he had at the time, not by that which we 
now have. It is plain that he had no intention of returning 

* See "Dictionary of National Biography," XXXII, 77-78; also Sainsbury's " Calendar 
of State Papers; Colonial Series, 1574-1660," 2-4. 



SIR WALTER RALEIGH AND HIS ASSOCIATES. 143 

to England until driven to it, as he said, by "the very hand of 
God as it seemed." Certainly Elizabeth, Raleigh, Drake 
and England's other great leaders, did not regard his course 
unfavorably, for we find them shortly afterwards, at that 
supreme moment in England's history when the great Armada 
was bearing down on her coast, summoning him to their most 
secret councils of war and entrusting him with important 
commands; and in 1593, as a reward for services to the 
crown, we see him kneeling before the great queen's repre- 
sentative to receive the honor of knighthood. Dire necessity 
occasioned by causes beyond the control of man drove him 
against his will to his final decision and put an end to the 
first attempt to found an English colony in America. 

The fleet which transported Lane's colony to Roanoke was 
under the command of one of the most remarkable men in an 
age of remarkable men. Sir Richard Grenville combined in 
his character all the faults and virtues of the age in which 
he lived. Brave, loyal and ambitious, he was proud, tyran- 
nical and cruel. Ralph Lane complained of his "intolerable 
pride and insatiable ambition" during the voyage to Roanoke, 
and declared that by reason of his "tyrannical conduct from 
first to last, the action has been most painful and most per- 
ilous."^ From others of his contemporaries, as well as from 
his own conduct, we learn that he was a man of "very unquiet 
mind and greatly affected to war," and that his nature was so 
"very severe" that "his own people hated him for his fierce- 
ness." But if his followers hated him for his cruelty, they 
admired him for his daring, ^o enterprise was too hazard- 
ous for his courage, no hardship too severe for his endurance, 
if it offered opportunity for either riches or glory. To 
his credit let it be said that with Grenville the search for 
wealth was a mere incident in his search for fame. Jn the 
service of his queen and country he counted no odds too great 
if only glory and honor waited upon success. 

' Lane to Walsingham, "Calendar of State Papers, Colonial Series," 3. 



144: THE NORTH CAROLINA BOOKLET. 

Grenville's career is intimatelj connected with the events 
which we comnQemorate today. He first became interested 
in America through Sir Humphrey Gilbert, whose untimely 
death cut off prematurely one of the choicest spirits of the 
Elizabethan Era. After Gilbert's death he allied himself 
with his cousin, Sir Walter Raleigh, by whom he was placed 
in command of the fleet which bore Lane's colony across the 
Atlantic. That he did not underestimate the importance of 
the part he played in that event is shown by the fact that upon 
his return to England he wrote to Walsingham that he "had 
performed the action directed and discovered, taken posses- 
sion of and peopled a new country and stored it with cattle, 
fruits and plants." Returning from Roanoke in 1585 he 
had his first brush vsdth Spain when he was attacked by a 
Spanish man-of-war which, "after some fighting," he over- 
powered and captured. The following year he made a second 
voyage to Roanoke, which he found deserted. Leaving fifteen 
men to retain possession he again turned his prow eastward. 
No good British sailor of the sixteenth century thought 
that he had done his full duty to the queen if he crossed the 
Atlantic without carrying home some trophy of his prowess 
won from Spain. Grenville was not the man to form an 
exception to this rule. On his return voyage, in 1586, he 
touched at the Azores long enough to attack, capture and pil- 
lage the Spanish towns there and to carry off for ransom a 
number of important prisoners. In all the British kingdom 
Spain had no more implacable foe, nor a more dangerous one. 
Not Drake himself held her power so cheaply or manifested 
his contempt more plainly. 

Grenville's adventurous career was finally brought to a 
close by an amazing exploit "memorable even beyond credit 
and to the height of some heroical fable" — an exploit com- 
memorated by Tennyson in one of the most stirring ballads 
in our language. It was in the year 1591. Lord Thomas 



^ *^^ 





■-» « t 



SIR RICHARD GRENVILLE. 



SIR WALTER RALEIGH AND HIS ASSOCIATES. 145 

Howard, commanding a squadron of sixteen sail, had taken 
post at the Azores to intercept the Spanish treasure fleet upon 
its annual voyage from Mexico and Peru to Spain. In this 
squadron was the Revenge, commanded by Sir Richard Gren- 
ville, vice-admiral of the fleet, a ship of 500 tons burden, 
carrying a crew of 250 sailors. In the great fight against 
the Armada she had been the flagship of Sir Francis Drake, 
yet it is not Drake, but Grenville whose name occurs to us 
when the Revenge is mentioned. Soon after his arrival at 
the Azores, scurvy broke out among Lord Howard's crew 
and in a short time half his men were down with this hideous 
disease. While the epidemic was at its climax, a swift dis- 
patch boat from England arrived on the scene with tidings 
that a powerful Spanish armament of fifty-three sail was 
bearing down upon the English fleet. 

Then sware Lord Thomas Howard: "'Fore God, I am no coward! 
But I cannot meet them here, for my ships are out of gear, 
And the half of my men are sick. I must fly, but follow quick. 
We are six ships of the line; can we fight with fifty-three?" 

Then spake Sir Richard Grenville: "I know you are no coward; 

You fly them for a moment to fight with them again. 

But I've ninety men and more that are lying sick ashore. 

I should count myself the coward if I left them, my Lord Howard, 

To these Inquisition dogs and the devildoms of Spain." 

So Lord Howard, crowding his sails, departed, leaving 
Grenville to follow as soon as he had brought his. sick men 
aboard. 

And they blessed him in their pain, that they were not left to Spain, 
To the thumbscrew and the stake, for the glory of the Lord. 

Scarcely had Sir Richard completed his task when the 
Spanish fleet, carrying five thousand sailors, hove in sight. 
Then the sturdy British tars, hankering for a tussle with the 
Dons, inquired of their leader: 



146 THE NORTH CAROLINA BOOKLET. 

"Shall we fight or shall we fly? 

Good Sir Richard, tell us now. 

For to fight is but to die! 

There'll be little of us left by the time the sun be set." 

And Sir Richard said again: "We be all good Englishmen. 

Let us bang these dogs of Seville, the children of the devil, 

For I never turned my back upon Don or devil yet." 

Cheer after cheer from the throats of the British seamen 
greeted this stirring reply as — 

sheer into the heart of the foe, 
With her hundred fighters on deck, and her ninety sick below, 

the little Revenge plunged into the midst of the jeering 
Spaniards. 

Four galleons drew away 

From the Spanish fieet that day. 
And two upon the larboard and two upon the starboard lay. 
And the battle-thunder broke from them all. 

* * <*: :!: 4c 4: « 

And the sun went down, and the stars came out far over the sum- 
mer sea, 

But never a moment ceased the fight of the one and the fifty-three. 

Ship after ship, the whole night long, their high-built galleons came, 

Ship after ship, the whole night long, with her battle-thunder and 
flame; 

Ship after ship, the whole night long, drew back with her dead and 
her shame. 

For some were sunk and many were shatter'd, and so could flght us 
no more — 

God of battles, was ever a battle like this in the world before? 

Wounded to the death, as he lay upon his deck, Sir Rich- 
ard Grenville cried: 

"Sink me the ship, Master Gunner — sink her, split her in twain! 
Fall into the hands of God, not into the hands of Spain!" 
And the gunner said, "Ay, ay," but the seamen made reply: 

"We have children, we have wives. 

And the Lord hath spared our lives; 
We will make the Spaniards promise, if we yield, to let us go; 
We shall live to fight again, and to strike another blow." 
And the lion there lay dying, and they yielded to the foe. 



SIR WALTER RALEIGH AND HIS ASSOCIATES. 147 

And the stately Spanish men to their flagship bore him then, 
Where they laid him by the mast, old Sir Richard caught at last. 
And they praised him to his face, with their courtly foreign grace; 
But he rose upon their decks, and he cried: 

"I have fought for Queen and Faith like a valiant man and true; 
I have only done my duty as a man is bound to do; 
With a joyful spirit I, Sir Richard Grenville, die!" 
And he fell upon their decks, and he died. 

The modern historians, who are accurate if not entertain- 
ing, tell us that of the fifty-three ships in the Spanish fleet, 
thirty-eight were transports and only fifteen were men-of- 
war. But whether fifteen or fifty-three makes but slight dif- 
ference. "When we have before us the fact that 150 men 
during fifteen hours of hand-to-hand fighting held out against 
a host of 5,000, and yielded only when not more than twenty 
were left alive, and those gTievously wounded, the story 
* * * is not rendered more interesting and scarcely less won- 
drous by trebling the number of the host." And we are pre- 
pared to believe James Anthony Froude, although his critics 
assure us that he had no authority for his statement, when 
he tells us that this action of the Revenge "struck a deeper 
terror, though it was but the action of a single ship, into the 
hearts of the Spanish people ; it dealt a more deadly blow 
upon their fame and moral strength than the destruction of 
the Armada itself, and in the direct results which arose from 
it it was scarcely less disastrous to them."® 

One of the vessels of Grenville's fleet which conveyed 
Lane's colony to Roanoke in 1585 was commanded by 
Thomas Cavendish, in whom Grenville must have found a 
congenial spirit. Cavendish, like many other noblemen and 
gentlemen of the times, having squandered his patrimony, 
had determined to repair his fortune at the expense of the 
common enemy. The voyage to Eoanoke, made in a ship 
fitted out at his own charge, was his first maritime adventure. 
He proved an apt scholar of his masters, Grenville and Drake. 



« Sec "Dictionary of National Biography," XXIII, 122-124; "Calendar of State 
Papers," 2-4. 



148 THE NORTH CAROLINA BOOKLET. 

While waiting at San Juan de Porto Rico, ostensibly to 
build a pinnace, be and Grenville pounced upon and cap- 
tured two Spanish frigates which contained "good and rich 
freight and divers Spaniards of account," whom they ran- 
somed "for good, roimd sums." This employment we can 
well believe proved more congenial to the tastes and temper 
of Cavendish than Raleigh's scheme of "Westerne Planting." 
Upon his return from this voyage Cavendish, incited by 
the exploits of Drake and Hawkins, prepared on his own 
account an expedition to circumnavigate the globe. His 
fleet consisted of three small vessels, the Desire, 140 tons ; 
the Content, 60 tons, and the Hugh Gallant, 40 tons, and car- 
ried 123 sailors. Sailing from the west coast of England, 
Cavendish steered straight for the Spanish main where he 
repeated the exploits of Drake, sinking Spanish ships, burn- 
ing Spanish towns and ravaging Spanish coasts. Through- 
out Spanish-America his name soon became a signal for ter- 
ror and consternation. Running down the Atlantic coast of 
South America he passed through the Strait of Magellan 
out into the Pacific. Hunger, storms and battles had so re- 
duced the number of his crew that he found it advisable to 
sink the Hugh Gallant, and with the Desire and the Content 
pursued his voyage northward until he touched Lower Cali- 
fornia. There falling in with the Great St. Anna, 700 tons, 
the private property of the king of Spain, he took her after 
a desperate battle of six hours. Her cargo of 600 tons of 
the richest merchandise and more than $20,000 worth of 
gold, proved a prize well worth taking. Yet so heavily were 
his ships already loaded with Spanish plunder that Caven- 
dish was forced to send the greater part of this new treasure 
to the bottom along with the stately Spanish galleon. The 
historian of the expedition, an officer aboard the Desire, de- 
clares that "this was one of the richest vessels that ever sailed 
the seas ; and was able to have made many hundreds wealthy 
if we had had means to have brought it home." Satisfied now 



SIR WALTER KALEIGH AND HIS ASSOCIATES. 149 

with the results of his expedition, Cavendish decided to leave 
the Content to pursue her own way, and on JSTovember 19, 
1587, turned the prow of the Desire homeward by way of the 
Cape of Good Hope. ''On September 10, 1588," records 
the chronicler of his exploits, "like wearied men, through the 
favor of the Almighty, we got into Plymouth, where the 
townsmen received us with all humanity." 

All England rang with the fame of Cavendish. His ex- 
ploits became the theme of ballads and his name was on every 
man's tongue. For a time he held his head high among the 
best of England's naval heroes. Soon, however, he found 
that a fortune so easily gained was as easily lost. "Gal- 
lantry and following the court" quickly depleted his purse 
and he again looked toward the usual storehouse with a crav- 
ing that was not to be resisted. In 1591 he fitted out a 
second expedition for the Spanish main, but he now sailed 
under an evil star. Fortune deserted him and after suffer- 
ing untold horrors from hunger, storms and desertions, he 
died at sea in 1592, it is said of a broken heart. Something 
of the endurance required of English seamen of the sixteenth 
century may be understood when we learn that of the seventy- 
six men who sailed with Cavendish on this luckless voyage 
only a "small remnant" of fifteen lived to return and they 
were so weak from hardships and suffering that when they 
arrived off Bearhaven, Ireland, they "could not take in or 
heave a sail."^ 

In the summer of 1586, while Lane and the colonists at 
Roanoke were anxiously awaiting the long overdue return of 
Grenville with supplies from England, their anxiety was re- 
lieved by the appearance off Croatan of Sir Francis Drake 
with a fleet in which were counted twenty-three sails. He 
was a welcome visitor, for he began at once to make prepara- 
tions to supply the colony with all needful things. But 



» "Dictionary of National Biography," IX, 358-363. 

2 



150 THE NORTH CAROLINA BOOKLET. 

while these measures were under way a storm arose which 
put an end to all plans for relief and resulted in the embark- 
ation of Lane and his homesick men for England. 

The man who thus came to the rescue of the forlorn group 
on Roanoke Island was ''until Nelson's time celebrated as 
the greatest of English seamen." Like Raleigh and Grenville, 
he was a native of that county of Devon whence have come so 
many of England's mighty sailors. Drake's mind and char- 
acter raise him to a height far above Grenville and Caven- 
dish and place him in the company of Raleigh, Blake and 
Nelson. To Raleigh and Drake, more than to any other 
men, England owes her world-mde colonial empire. As the 
former first put into practice the policy of breaking down 
Spain's colonial power by planting rival colonies in the ISTew 
World, so the latter first carried into world-wide execution 
the allied policy of destroying Spain's maritime power by 
attacking her in American waters. His naval career was 
begun under no less a leader than Sir John Hawkins, and of 
course came at once into hostile collision with Spain. Span- 
ish rapacity, cruelty and bigotry, we are told, "taught him 
the same kind of feeling toward Spaniards that Hannibal 
cherished toward Romans." Like Hannibal, he swore an 
eternal enmity to his foe, but in pursuit of his passion he 
deserved and met with a far better fate. 

The most notable of his numerous exploits was the voyage 
in the Golden Hind which first carried the flag of England 
around the globe. Passing through the Strait of Magellan, 
with a single ship of only twenty guns, he skirted along the 
west coast of South America and "from Valparaiso north- 
ward along the Peruvian coast, dashed into seaports and cap- 
tured vessels, carrying away enormous treasures in gold and 
silver and jewels. * * * With other property he meddled 
but little, and no act of wanton cruelty sullied his per- 
formances. After taking plunder worth millions of dollars 



SIE WALTER EALEIGH AND HIS ASSOCIATES. 151 

this corsair-work gave place to scientific discovery, and the 
Golden Hind sailed far northward in search of a northeast 
passage into the Atlantic." In the course of this voyage 
Drake looked in at the Golden Gate, took possession of Cali- 
fornia in the name of Queen Elizabeth, christened it New 
Albion, and after sailing as far northward as Oregon, turned 
his prow into the Pacific, thence over the Indian Ocean, and 
rounding the Cape of Good Hope, sailed into the harbor of 
Plymouth in September, 1580. "The romantic daring of 
Drake's voyage," says John Richard Green, ''as well as the 
vastness of the spoil, aroused a general enthusiasm through- 
out England. But the welcome he received from Elizabeth 
on his return was accepted by Philip as an outrage which 
could only be expiated by war. Sluggish as it was, the blood 
of the Spanish king was fired at last by the defiance with 
which Elizabeth received all demands for redress. She met a 
request for Drake's surrender by knighting the freebooter, 
and by wearing in her crown the jewels he had offered her as 
a present. When the Spanish Ambassador threatened that 
'matters would come to the cannon,' she replied, 'quietly, in 
her most natural voice, as if she were telling a common story,' 
wrote Mendoza, 'that if I used threats of that kind she would 
fling me into a dungeon.' " One enthusiast, in an ecstasy 
of admiration, declared that the Golden Hind ought to be 
set upon the top of St. Paul's Cathedral, "that being dis- 
cerned farre and neere, it might be noted and pointed at of 
the people with these true terms : Yonder is the barke that 
hath sailed round about the world." 

In the same year in which Lane's colony landed on Roa- 
noke Island, war having been declared against Spain, Drake 
fitted out a superb fleet of twenty-three sails and embarked 
for the Spanish main. On this expedition he took and 
sacked Cartagena, St. Domingo and St. Augustine alid cap- 
tured twenty prizes carrying 250 cannon. 



152 THE NORTH CAROLINA BOOKLET. 

After these exploits Drake turned his prow northward and 
skirted along the eastern coast of jSForth America until he 
came to Eoanoke, where he stopped to take a look in upon 
Ealeigh's colony. He was a welcome visitor for, says Lane, 
he made "a, most hountiful and honorable offer for the sup- 
ply of our necessities to the performance of the action we 
were entered into ; and that not only of victuals, munitions 
and clothing, but also of barks, pinnaces and boats ; they 
also, by him to be victualled, manned and furnished to my 
contentation." But while preparations were being made to 
carry these generous measures into execution "there arose 
such an unwoonted storme, and continued foure dayes that 
had like to have driven all on shore, if the Lord had not held 
His holy hand over them." The vessels of Drake's fleet 
were "in great danger to be driven from their ankoring upon 
the coast. For we brake many cables and lost many ankors. 
And some of our fleet which had lost all (of which number 
was the ship appointed for Master Lane and his company) 
was driven to put to sea in great danger in avoyding the 
coast, and could never see us againe untill we met in 
England. Many also of our small pinnaces and boats were 
lost in this storm." As a result of this experience Lane, 
after consultation with Drake, decided to embark his colony 
for England. Then Drake, "in the name of the Almighty, 
weying his ankers (having bestowed us among his fleet,)" 
says Lane, "for the reliefe of whom hee had in that storm 
sustained more peril of wrake than in all his former most 
honorable actions against the Spanyards, with praises unto 
God for all, set saile the nineteenth of June, 1586, and 
arrived in Plymouth the seven and twentieth of July the 
same yeere." 

The next year, in an exploit which thrills our blood even 
at this day, Drake reached the climax of his daring and 
audacity. Cruising along the coast of Spain, he suddenly 



SIK WALTER RALEIGH AND HIS ASSOCIATES. 153 

dashed into the harbor of Cadiz, attacked and sunk the men- 
of-war there on guard, loaded his ships with the spoils of 
Mexico and Peru, and calmly set his sails for England. This 
work he laughingly called "singeing the King of Spain's 
beard." Philip, one day, invited a lady of his court to go 
on board his barge on the Lake of Segovia, But the pru- 
dent lady declined, saying that she dared not trust herself 
on water even with his Majesty "for fear of Sir Francis 
Drake." 

It was with their spirits chafing at the insults but cowed 
by the daring and skill of the English seamen that the sailors 
and soldiers of Spain set sail in their Invincible Armada 
for the conquest of England. In that wonderful world- 
victory for freedom which an eminent historian calls "the 
opening event in the history of the United States," the name 
of Sir Francis Drake stands high on the roll of conquerors.* 

Before taking leave of Cavendish, Grenville and Drake, I 
wish to say just a word in regard to the character of the war- 
fare which they waged. In the twentieth century we should 
call those who engaged in such exploits pirates, and their 
work piracy. But we should do a grave injustice to the 
memory of those bold men who opened the way to the plant- 
ing of English civilization in the New World if we should 
so think of them. The strict and well-defined principles of 
international law now prevailing throughout the civilized 
world were totally unknown during the sixteenth century. 
A Spanish fleet massacred a colony of French Huguenots in 
Florida and a French ship, fitted out by a private gentleman, 
retaliated in full measure at a time when the two countries 
were nominally at peace with each other. As John Fiske 
says: "A flavour of buccaneering pervades nearly all the 
maritime operations of that age and often leads modem 
writers to misunderstand or misjudge them. Thus it some- 



' " Dictioaary of National Biography," XV, 426-442 ; Froude : " English Seamen of the 
Sixteenth Century;" Green: "History of the English People." 



154 THE NOKTH CAROLINA BOOKLET. 

times happens that so excellent a man as Sir Francis Drake, 
whose fame is forever a priceless possession for English- 
speaking people, is mentioned in popular books as a mere 
corsair, a kind of gentleman pirate. Nothing could show a 
more hopeless confusion of ideas. In a later generation the 
warfare characteristic of the Elizabethan age degenerated 
into piracy, and when Spain, fallen from her gTeatness, be- 
came a prey to the spoiler, a swarm of buccaneers infested 
the West Indies and added another hideous chapter to the 
lurid history of those beautiful islands. They were mere 
robbers, and had nothing in common with the Elizabethan 
heroes except courage. From the deeds of Drake and Haw- 
kins to the deeds of Henry Morgan, the moral distance is as 
great as from slaying your antagonist in battle to murdering 
your neighbor for his purse. "^ Even England has on her 
honor rolls of ten centuries no more glorious deeds, no more 
honorable names than those of Walter Raleigh, Richard 
Grenville and Francis Drake. So effectively did those dar- 
ing men do their work that Philip II, once the mightiest and 
richest of European monarchs, lived to see his maritime 
power shattered, his treasury empty and his glory departed. 
Until this work had been done there could be no hope that 
English colonies could be successfully planted in America. 

Among those who accompanied Lane to Roanoke in 1586 
were John White, the artist of the expedition, sent by Raleigh 
to make drawings of the country and its people, afterwards 
governor of the Lost Colony ; and Thomas Harriot, the his- 
torian and scientist of the colony. To none who bore a part 
in the efforts to plant a colony on Roanoke Island, save to 
Raleigh alone, do we owe more than to White and Harriot. 
The work of '^'these two earnest and true men" — the splendid 
pictures of the one and the scholarly narrative of the other — 
preserve for us the most valuable information that we have 
of "Ould Virginia." They were the intimate friends of 



• "Old Virginia and Her Neighbors," 1, 24. 



SIK WALTER RALEIGH AND PUS ASSOCIATES. 155 

Raleigh whose love and loyalty could be affected by no degree 
of prosperity or ill fortune. ''Raleigh," says Henry Stevens, 
"was blessed in his household, or at his table, or in his confi- 
dence, with four sterling adherents who stuck to him through 
thick and thin, through prosperity and adversity. These 
were Richard Ilakluyt, Jacques Le Moyne, John White and 
Thomas Harriot. When Wingandacoa makes up her jewels 
she will not forget these four, whom it is just to call 
Raleigh's Magi. * * * Together Harriot and White 
surveyed, mapped, pictured and described the country, the 
Indians, men and women ; the animals, birds, fishes, trees, 
plants, fruits and vegetables." 

We are told that whoever compares the original drawings of 
White with the engravings of De Bry, "as one may now do 
in the British Museum, must be convinced that, beautiful as 
De Bry's work is, it seems tame in the presence of the origi- 
nal water-colour drawings. There is no exaggeration in the 
engTavings." The late Henrj'^ Stevens, of Vermont, whose 
work was done principally in London, who describes himself 
as ''Student of American History, Bibliographer and Lover 
of Books," predicts that "White's name in the annals of 
English art is destined to rank high though it has hitherto 
failed to be recorded in the art histories and dictionaries. 
Yet his seventy-six original paintings in water-colours, done 
probably in Virginia in 1585-1586, while he was there with 
Harriot as the official draughtsman or painter of Raleigh's 
'First Colonie' entitle him to prominence among English 
artists in Elizabeth's reigTi." 

Thomas Harriot was one of the most eminent scholars of 
his age. No name in English history deserves to take prece- 
dence of his in scientific achievement. A graduate of St. 
Mary's Hall, Oxford, he was engaged by Sir Walter Raleigh 
to reside with him as his mathematical tutor and adviser in 
liis maritime adventures. In this capacity he was sent by 



156 THE NORTH CAROLINA BOOKLET. 

Raleigh to Roanoke with Lane, and upon his return pub- 
lished at London, in 1588, "A Brief and True Report of 
the New-found Land of Virginia." This work attracted 
wide attention both in England and on tlie continent where 
it was translated into Latin. The Edinhurgh Review de- 
scribed it as a work ''remarkable for the large views it con- 
tains in regard to the extension of industry and commerce," 
and as one of the finest examples in existence of statistical 
surveys on a large scale. Harriot, in spite of weak health 
which, he complained, made him unable to write or even 
think accurately, and prevented his completing or publish- 
ing his work, won a place among the great astronomers and 
mathematicians of the world. After his death some of his 
mathematical discoveries were published by his friend, the 
Earl of J^orthumberland. "This work," we are told, "em- 
bodies the inventions by which Harriot virtually gave to 
Algebra its modern form." Had Harriot "published all he 
knew in algebra," says a modem scholar, "he would have left 
little of the chief mysteries of that art unhandled." In 
astronomy he applied the telescope to celestial purposes si- 
multaneously with Galileo with whose name his is forever 
associated in one of the greatest branches of human knowl- 
edge. By his wonderful work in mathematics and astronomy 
Thomas Harriot, the historian and scientist of Roanoke, won 
for himself a place among "the immortal names that were 
not born to die."'" 

Such were the men, and such was their work which won 
for English-speaking people the noblest portion of the ISTew 
World. Without their work all the statesmanship of Burgh- 
ley and Walsingham would have been ineffective, Elizabeth's 
glorious reign would probably have ended in disaster and 
shame, and a long arctic night of bigotry and superstition, 
like the Dark Ages, would have enveloped Europe in its 
black and impenetrable folds. That these calamities were 



*• Stevens: "Thomas Hariot and His Associates." 



SIK WALTEE RALEIGH AND HIS ASSOCIATES. 157 

averted, that the power of Spain was crushed never to rise 
again, that the England of Elizabeth, Shakespeare and Ra- 
leigh triumphed over the Spain of Philip, Alva and Menen- 
dez, and that English ideals of liberty and law prevail 
throughout the northern part of America today, the English 
race throughout the world may thank Sir Walter Raleigh 
and those bold and daring seamen and adventurers who 
shattered Spain's naval power and here at Roanoke seized 
the best part of the New World for England. May we in 
America never forget that the glorious achievements of the 
Raleighs, the Drakes and the Grenvilles of that generation 
are as much a part of our inheritance as are the achievements 
of the Hancocks, the Jeffersons, the Harnetts and the Wash- 
ingtons of a later generation. 



158 THE NOETH CAROLINA BOOKLET. 



GOVERNOR BENJAMIN SMITH 



BY COLLIER COBB, 
Professor of Geology in the University of North Carolina. 



Addressing Governor Kitchin, Professor Cobb said: 

May it Please Your Excellency : 

On behalf of the North Carolina Society of the Sons of 
the Revolution, I present through you to the State of North 
Carolina the portrait of Benjamin Smith, patriot, legislator,, 
soldier, statesman, and philanthropist; builder of highways 
and of fortifications ; conservationist and drainer of swamps ; 
opener of waterways; believer in education for every child 
within the State, and the first benefactor of the University; 
Grand Master of Masons; Governor of North Carolina one 
hundred years before his time, and dreamer of dreams which 
you, sir, now help to make come true. 

LIFE AND PUBLIC SERVICES OF BENJAMIN SMITH. 

Benjamin Smith's education began more than a hundred 
years before he was born, for he came of a race of men who 
did things. He was descended from Sir John Yeamans, 
from old King Roger Moore, and his grandmother. Lady 
Sabina Smith, was the daughter of Thomas Smith, second 
Landgrave of his name in South Carolina. The father of 
our present subject was Colonel Thomas Smith, of South 
Carolina. So far as is known no relationship existed be- 
tvreen him and his wife, whose name (as just stated) was 
also Smith. Thomas Smith, the first Landgrave, had seen 
rice cultivated in Madagascar; and one day, in 1696, when a 
sea captain, an old friend of his, sailed into Charleston Har- 
bor from Madagascar, Thomas Smith got from him a bag of 
rice seed. This was carefully sown in a wet place in Smith's 



•Address delivered in the Hall of the House of Representatives at Raleigh, November 
15, 1911, on the occasion of the presentation of portrait of Governor Smith to the Stat« by 
the North Carolina Society of the Sons of the Revolution. 




From the Painting by Jaques Busbee. 



GOVERNOR BENJAMIN SMITH. 159 

garden in Charleston. It grew, and the two Carolinas were 
changed into a land of great rice plantations. His great- 
grandson, Benjamin Smith, was later owner of the best rice 
plantation in North Carolina, a portion of the original grant 
to Landgrave Smith, who tried to establish settlements on the 
Cape Fear River in 1690. Also to be counted among his 
close kindred were the Bees and Grimkes, of South Carolina, 
and the Rhetts, who changed their name from Smith to that 
of their grandmother, Catherine Rhett, whose family in 
South Carolina had become extinct. Benjamin Smith 
thus came of a breed possessing ability, means, and position. 
The William Smith who introduced the culture of cotton 
into Virginia in 1621 is said to have been of the same stock. 

While the public acts and many details of the private life 
of Benjamin Smith may be gathered from the records of his 
time, both State and National, and from the rather volumi- 
nous correspondence of his distinguished contemporaries, the 
date of his birth and the manner and place of his burial have 
frequently been brought into question. The w^eight of author- 
ity favors January 10, 1756, as his birthday, and Jan- 
uary 10, 1826, his seventieth birthday, as the date of his 
death. Still there are those who contend that he was born 
in 1750, and that he died on the 10th of February, 1829. 
But a contemporary newspaper, the Raleigh Eegister, of 
February 14, 1826, has a notice of his death as having oc- 
curred recently at Smithville. 

We know nothing, however, concerning his childhood and 
youth, but he must have received careful training, for we 
are told that, "While still young, just twenty-one years of 
age, he served as aide-de-camp of General Washington in the 
dangerous but masterly retreat from Long Island after the 
defeat of the American Army in August, 1776. He behaved 
with conspicuous gallantry in the brilliant action in which 
Moultrie, in 1779, drove the British from Port Royal 



160 THE NOKTH CAROLINA BOOKLET. 

Island, and checked for a time the invasion of South Caro- 
lina. A Charleston paper says: 'He gave on many occa- 
sions such various proofs of activity and distinguished 
bravery as to merit the approbation of his impartial coun- 
try.' " Yet during the siege of Charleston, in 1780, a blun- 
der of Smith's brought about the premature surrender of the 
city on the 12th of May. "Mr. Smith sent a letter to his 
wife by Mr. Rutlege, who was taking to the Governor a com- 
munication that had been confided to him orally, with the 
strictest injunction that no written communication be taken 
from the garrison. A letter addressed by a friend to his 
wife under assurance that it was only a family letter, Mr. 
Rutledge unwarily considered it no violation of his instruc- 
tions. He was captured soon after he left the town and 
printed copies of the letter were next day thrown into the 
garrison in unloaded bombshells, and most unaccountably, 
through a secret agency, dispersed through all parts of the 
town in printed handbills. The letter plainly told that the 
garrison must soon surrender, that their provisions were 
expended, and Lincoln only prevented from capitulating by 
a point of etiquette. From this time hope deserted the gar- 
rison, while the reanimated efforts of the enemy showed their 
zeal revived." Lincoln surrendered the fort, and Charleston, 
with its stores, its advantages, and the army that defended it, 
fell into the hands of the British commander. Smith prob- 
ably hastened the surrender just a little, but he did not cause 
it; for historians are generally agreed that Lincoln should 
have fled and saved his army soon after Clinton began en- 
girdling the city about the 1st of April, and before the British 
fleet a week later ran by Fort Moultrie and entered the 
harbor. 

In 1783 we find Benjamin Smith in the General Assembly 
of ISTorth Carolina, representing Brunswick County in the 
Senate. He was a member of the Constitutional Convention 



GOVERNOK BENJAMIN SMITH. 161 

of 1788, that declined to accept the Federal Constitution, 
and in that body did all in his power to secure its adoption, 
since he was an ardent Federalist. He was a member of 
the convention that adopted the Constitution in 1789, and 
was on the committee that prepared the amendments which 
North Carolina proposed to the Constitution of the United 
States. He had some support for the Senatorship in 1789, 
but Benjamin Hawkins was elected. This Legislature of 
1789 chartered the University of ISTorth Carolina, and Smith 
was named among the most eminent men of the State com- 
posing the first board of trustees. At the first meeting of 
the board, on the 18th of December, 1789, Colonel Smith 
offered to the University warrants for 20,000 acres of land 
in Tennessee that he had received as pay for his distinguished 
services in the Revolution, and he handed over the warrants 
at the second meeting of the board in 1790. He remained a 
trustee of the University until 1824, and took great pride in 
presiding over the meetings of the board during his term as 
Governor of the State. 

The warrants Colonel Smith gave were for land located 
in Obion County, in the extreme northwest part of Tennes- 
see. By the Treaty of Hopewell in 1795 the United States 
ceded this territory to the Chickasaw Indians. In 1810 the 
most terrific earthquake that has ever visited the interior of 
our country turned portions of this region into lakelets, and 
a large part of the University's tract is now occupied by 
Reelfoot Lake, the scene of the night-rider raid of a few 
years ago. It was not until twenty-five years afterward 
that a sale was effected, realizing $14,000 for the University. 
Smith Hall, built for a library half a century after the gift 
of the land warrants and today occupied by the Law School, 
the most attractive building on the campus, commemorates 
the munificence of Colonel Smith. 

In 1791 Smith again became a member of the Assembly, 



162 THE NORTH CAROLINA BOOKLET. 

and except for the three years, 1801, 1802 and 1803, he con- 
tinued in the State Senate until his election as Governor in 
the fall of 1810, and he was again in the Senate in 1816. 
He was Speaker of the Senate from 1795 to 1799. In 1800 
he was defeated for the Speakership by Joseph Riddick, and 
in the next election he was defeated for the Senatorship bj 
William Wingate, a Jeffersonian Democrat. In that day 
personal conflicts growing out of political differences were 
by no means unusual, and there is a tradition of a duel that 
Smith fought with Thomas Leonard, a political opponent, 
in which the General was seriously wounded. The ball 
could not be extracted, and the Governor carried it in his 
thigh to the end of his days. 

During his career as a legislator he served on many im- 
portant committees, and he always voted as a strict partisan. 
He favored the making of roads, the building of causeways, 
the draining of bog lands, the foresting of dunes, and the 
keeping open of rivers and creeks at their falls for the free 
passage of fish. As a Member of the Assembly he bitterly 
opposed the founding of the city of Raleigh, and the removal 
of the capital from Fayetteville and again from New Bern. 

In contemplation of a war with France, or of a second 
conflict with England, while General Washington was still 
President, Colonel Smith was made Brigadier-General of 
Militia, 1796. When a struggle with France seemed immi- 
nent, during the presidency of John Adams in 1797, the 
entire militia force of Brunswick County, officers and men, 
roused to enthusiasm by a speech General Smith made them, 
volunteered to follow his lead in the service of their country. 
In 1810, when trouble with England was culminating, he 
was again made Brigadier-General of his county forces. 

In that same year he was elected Governor of North Caro- 
lina, and in his message to the General Assembly, November 
20, 1811, he recommended the adoption of a penitentiary 



GOVEENOK BENJAMIN SMITH. 163 

system, and appealed for a reform of the too sanguinary 
criminal code of the State. He also advised encouraging 
''domestic manufactures employing those persons who are un- 
able or unfit to till the soil/' the improving of the militia, and 
the establishment of public schools. In recommending the 
schools he said: ''Too much attention can not be paid to 
the all-important subject of education. In despotic govern- 
ments, where the supreme power is in the possession of a 
tyrant or divided amongst an hereditary aristocracy (gener- 
ally corrupt and wicked), the ignorance of the people is a 
security to their rulers ; but in a free government, where the 
offices and honors of the State are open to all, the superiority 
of their political privileges should be infused into every 
citizen from their earliest infancy, so as to produce an enthu- 
siastic attachment to their own country, and ensure a jealous 
support of their own constitution, laws, and government, to 
the total exclusion of all foreign influence or partiality. A 
certain degTee of education should be placed within the reach 
of every child in the State ; and I am persuaded a plan may 
be formed upon economical principles that would extend this 
boon to the poor of every neighborhood, at an expense trifling 
beyond expectation, when compared with the incalculable 
benefits from such a philanthropic and politic system." Ex- 
cusing the rhetoric, this might have been written a century 
later. 

Upon retiring from the gubernatorial office he entered 
upon the carrying out of certain engineering plans which he 
had advocated as legislator and Governor for the improve- 
ment of conditions within the State. He stood for the best 
of what has characterized each and every administration 
from the time of Governors Vance and Jarvis to the days of 
Aycock and Glenn and of Your Excellency. He lived just 
one hundred years before his time. He could not long re- 
main out of politics, and in 1816 his neighbors returned him 



164 THE NOETH CAROLINA BOOKLET. 

to the State Senate. General Smith was a zealous Mason, 
and during his prime was for three years, from 1808 to 1811, 
Grand Master of the Grand Lodge of North Carolina. 

Up to 1792 there were no homes in the neighborhood of 
Fort Johnston, near the mouth of the Cape Fear River, and 
Mr. Joshua Potts, of Wilmington, who made the first move- 
ment toward establishing a town there, has given us an in- 
teresting account of the settlement of Smithville in a manu- 
script that has come down to us, and published in 1904 by 
the University of iN'orth Carolina in James Sprunt His- 
torical Monograph No. 4, pp. 8G-90. Mr. Potts has told us 
how he and certain of his friends in 1790 undertook to lay 
off a town there and obtain a charter. Their plan was un- 
expectedly opposed in the Legislature by Colonel Smith, and 
the charter for the town of "Nashton," as they purposed 
calling the place, was defeated. A year after the defeat of 
the bill at Fayetteville, General Smith's neighbors who fa- 
vored the bill determined that he should not be sent to the 
Assembly unless he would do his best to have an act passed 
for the intended purpose. General Smith accepted the con- 
ditions, was elected, and made good his word. The act was 
passed at New Bern in 1792. General Smith, when he re- 
turned from the Assembly, told his friends that on his mak- 
ing a motion and offering the bill for the act, "Mr. Macon 
or some other respectable member made an observation that 
many applications had been acted upon for different towns 
in the State, but that few, if any of them, had succeeded ; 
that the said worthy member said, 'As General Smith has 
applied in behalf of this petty town, it should be called 
Smithville, as if by way of derision to the applicant, should 
the town (like many others) not succeed.' " 

Benjamin Smith married Miss Sarah Rhett Dry, daughter 
of Colonel William Dry, a man of ability, excellent education, 
and rare accomplishments, and a member of the King's 



GOVERNOR BENJAMIN SMITH. 165 

Council. She was also a direct descendant from Cromwell's 
admiral, Robert Blake, Both she and General Smith in- 
herited large estates. We learn much of their manner of 
life and their generous hospitality from the diary of General 
Joseph Gardner Swift, of New York, first graduate of the 
United States Military Academy at West Point, who in his 
younger days enjoyed intimate association with General 
Smith. Swift, a young second lieutenant in the corps of 
engineers, "was sent to Wilmington in 1804 to examine the 
harbor of Cape Fear, and to report a plan of defense there- 
for, and also to direct the execution of a contract with 
General Benjamin Smith, of Belvidere, to construct a battery 
at the site of old Fort Johnston, in Smithville, of a material 
called 'tapia.' " He gave to the United States Government 
ten acres of land on Bald Head, or Smith's Island, which he 
owned, on which to build the lighthouse at the mouth of the 
Cape Fear River. He constructed the causeway from Wil- 
mington across Eagles Island, 

"As he advanced in years," to use the words of Dr. Battle, 
"Governor Smith lost his health by high living and his for- 
tune by too generous suretyship. He became irascible and 
prone to resent fancied slights. His tongue became veno- 
mous to opponents. He once spoke with undeserved abusive- 
ness of Judge Alfred Moore, and the insult was avenged by 
one of the members of the Assembly from Brunswick, Judge 
Moore's son Maurice." General Swift has given us in his 
"Memoirs" an account of this duel, which was fought on 
June 28, 1805, just over in South Carolina, near to the 
ocean side, where then stood the Boundary House, the line 
running through the center of the entrance hall and main 
passageway. Captain Moore was attended by his cousin, 
Major Duncan Moore, while General Smith's second was 
General Swift himself. Dr. Andrew Scott attended as sur- 
geon for both combatants. At the second fire General Smith 
3 



166 THE NORTH CAROLINA BOOKLET. 

received his antagonist's ball in his side and fell. Dr. 
Scott, aided by Dr. Griffin, took the General to Smithville 
by water, while General Swift hastened to Belvidere, and 
conveyed Mrs. Smith in a chair to Smithfield through a 
storm of lightning and rain. The ball lodged near the Gen- 
eral's left shoulder-blade, and it (or the bullet fired by Leon- 
ard years before) was the means of identifying Smith's 
ashes many years later when his remains were removed to 
the burial ground of St. James Church, Wilmington. 

General Smith's great burden of debt was due to the 
defalcation of Colonel Reed, collector of the port of Wilming- 
ton, whose surety he was. It was to discharge this liability 
that General Smith had contracted to build the tapia work 
at Fort Johnston. General Swift has told us how this tapia 
was prepared from equal parts of lime, raw shells and sand, 
and water sufficient to form a paste or batter. All the engi- 
neering work in which the old hero engaged was undertaken 
to discharge debts, and it is sad to relate that in his old age 
he was arrested by the attorney of the University, who, 
Smith alleged, was his personal enemy, and held for a se- 
curity debt, ''but on learning the fact he was released by the 
Trustees with promptness." 

Besides the home at Belvidere, Governor Smith at one 
time owned Orton, which came down to him from his ances- 
tor, Roger Moore, being originally the home of his kinsman, 
Maurice Moore, grandson of Sir John Yeamans. Mrs. 
Smith's flower garden was such an attractive place that Dr. 
Griffin, dying of yellow fever in Wilmington, asked that he 
be buried there. The Isabella grape, highly esteemed by 
us for its fine flavor, was introduced to ISTorth Carolina from 
Mrs. Smith's garden where it grew from a cutting, the gift 
of a sea captain who had received some kindness at her 
hands. General Swift visited his old friend, General Smith, 
at Orton in 1818, and found him greatly depressed by his 



GOVEENOK BENJAMIN SMITH. 167 

debts, Mrs. Smith "evincing a well-balanced serenity to cheer 
her husband." Swift returned to Wilmington, where he 
"found it a fruitless essay to liquidate the large claims of 
the General's creditors." 

This man, of rare personal charm, of high character, and 
of openhearted and openhanded hospitality, became in- 
volved in such pecuniary difficulties that he was actually im- 
prisoned for debt; and at the time of his death, in 1826, 
some of his creditors resorted to the unusual method, though 
allowed by the law of that day, of withholding his body from 
burial until his friends could meet the demands of the credi- 
tors. The deputies set to watch the body were lured away 
temporarily to partake of refreshments, and when they re- 
turned the coffin and its contents had disappeared. Friends 
had taken it out on the river to the old graveyard on the site 
of St. Philip's Church, then a ruin of old Brunswick town, 
where in the dead of night they gave the body of their com- 
rade Christian burial. A story, probably originating with 
the careless watchers, that the coffin had been taken out on 
the river and in the darkness committed to its waters by the 
negroes who were trusted to row the boat, gained some 
credence; but what is less probable: that devoted friends 
would thus leave his body to slaves, or that they would let 
the story pass as a probable means of concealing his last 
resting place ? 

In 1853 their old friend, General Swift, caused to be 
erected over the grave of General and Mrs. Smith in the old 
Brunswick cemetery a marble slab on which was inscribed : 
"In memory of that Excellent Lady, Sarah Rhett Dry Smith, 
who died the 21st of ISTovember, 1821, aged 59 years. Also 
of her husband, Benjamin Smith of Belvidere, once Gover- 
nor of ISTorth Carolina, who died January, 1826, aged 70." 



168 THE NORTH CAROLINA BOOKLET. 

ACCEPTANCE 

In a graceful speech, on behalf of the State, Governor 
Kitchin thanked the Society for this gift of the portrait of 
Governor Smith, and expressed his gratification upon learn- 
ing that there had been manifested in ISTorth Carolina a cen- 
tury ago such interest in public education and other benefi- 
cent measures for the upbuilding of the State and the good 
of its people. It is a source of sincere regret that Governor 
Kitchin's speech of acceptance, having been delivered with- 
out manuscript or notes, cannot be reproduced here. As is 
always the case with that gifted orator, his remarks were a 
source of entertainment and interest to his hearers, and it 
would gratify us to place them in full before those of our 
readers who were not so fortunate as to be present on that 
interesting occasion. 



queen's college ok liberty hall. 169 

THE STORY OF QUEEN'S COLLEGE OR LIBERTY 

HALL IN THE PROVINCE OF 

NORTH CAROLINA 



BY MARSHALL DeLANCEY HAYWOOD, 

Author of "Governor William Tryon and His Administration in the Province of North 
Carolina, 1765-1771," "Lives of the Bishops of North Carolina," etc. 



Of all the Royal Governors of North Carolina none was 
more interested in the educational advancement of the Prov- 
ince than William Tryon. In December, 1770, while the 
General Assembly was in session at New Bern, he sent a mes- 
sage to that body, urging the further improvement of the 
school system, which had already been bettered to some 
extent during his administration. The Assembly continued 
its sittings several weeks into the succeeding year, not 
adjourning until January 26, 1771. On the 10th day of 
January in the latter year (Chapter III of the Laws of 
1770), the Assembly passed on its final reading an act to in- 
corporate an institution of learning to be called Queen's 
College, the same to be located in the town of Charlotte 
and county of Mecklenburg. As a reason for such action 
it was recited that "the proper education of youth has always 
been considered as the most certain source of tranquillity, 
happiness, and improvement, both of private families and of 
States and Empires, and there being no institution or semi- 
nary of learning established in this Province, whither the 
rising generation may repair, after having acquired at a 
Grammar School a competent knowledge of the Greek, 
Hebrew, and Latin languages, to imbibe the principles of 
science and virtue, and to obtain under learned, pious and 
exemplary teachers in a collegiate or academic mode of in- 
struction a regular or finished education in order to qualify 
them for the service of their friends and country," etc. 
This act of incorporation further recited that several Gram- 



lYO THE NOKTH CAROLINA BOOKLET. 

mar Schools had already been established in the western part 
of the Province, and in these could be obtained "very con- 
siderable progress in the languages and other literary attain- 
ments," but that these schools were not able to give what was 
considered a finished education. The trustees of Queen's 
College were Edmund Fanning, Thomas Polk, Robert Har- 
ris, Jr., Abraham Alexander, Hezekiah Alexander, John 
McKnitt Alexander, Ezekiel Polk, Thomas ISTeal, William 
Richardson, Hezekiah J. Balch, Joseph Alexander, Waight- 
still Avery, Henry Patillo, and Abner Nash. All of these 
fourteen trustees, with the exception of Fanning and ]S3"ash, 
were Presbyterians, including several learned clergymen of 
that denomination ; but, anticipating the opposition which 
later came from the Court of St. James, and wishing to con- 
ciliate the King if possible, this charter provided that the 
President of this institution should be a member of the 
Church of England, licensed by the Governor. As a source 
of revenue it was provided that a tax of six pence per gallon 
should be levied on all rum and other spirituous liquors 
brought into and disposed of in Mecklenburg County for ten 
years following the passage of the act of incorporation. On 
January 15, 1771, Governor Tryon gave the act his official 
approval. In a letter to the Earl of Hillsborough, King 
George's Secretary of State for the Colonies, to whom he 
transmitted the act of Assembly for the King''s consideration, 
Tryon wrote, under date of March 12, 1771, saying: "The 
necessity for such an institution in this country is obvious, 
and the propriety of the mode here adopted must be sub- 
mitted to His Majesty. Though the President is to be of 
the established Church and licensed by the Governor, the 
Fellows, Trustees, and Tutors, I apprehend, will be gener- 
ally Presbyterians, the college being promoted by a respect- 
able settlement of that persuasion, from which a considerable 
body marched to Hillsborough in September, 1768, in sup^- 



queen's college oe libekty hall. 171 

port of government." The last clause in the extract, just 
quoted, has reference to the loyal support accorded Tryon 
by the Presbyterians, both clergymen and laymen, in holding 
in check the lawlessness of the Regulators. It was a service 
which the Governor always held in grateful remembrance. 

Unfortunately for the cause of education in North Caro- 
lina the act establishing Queen's College had to take the 
course of other colonial laws and be passed upon by a King 
and Council in England who were never noted for their 
tolerance in either religion or politics. First it was referred 
to Richard Jackson, afterwards a member of Parliament, 
who was legal adviser to the Lords Commissioners for Trade 
and Plantations, a board which had oversight of affairs in 
America ; and, upon Jackson's advice, this Board (in ses- 
sion at Whitehall, on February 26, 1772), reported to the 
King as follows : 

From this report of Your Majesty's Governor, and from the pre- 
valency of the Presbyterian persuasion within the county of Meck- 
lenburg, we may venture to conclude that this college, if allowed to 
be incorporated, will in effect operate as a seminary for the educa- 
tion and instruction of youth in the principles of the Presbyterian 
Church. Sensible as we are of that tolerating spirit which generally 
prevails throughout Your Majesty's dominions, and disposed as we 
particularly are in the case before us to recommend to every reason- 
able mark of favor and protection a body of subjects who, by the 
Governor's report, have behaved with such loyalty and zeal during 
the late troubles and disorders, still we think it our duty to submit 
to Your Majesty whether it may be advisable for Your Majesty to 
add encouragement to toleration by giving the Royal assent to an 
establishment which, in its consequences, promises great and per- 
manent advantages to a sect of Dissenters from the Established 
Church who have already extended themselves over the Province in 
very considerable numbers. 

With this preliminary kick from Mr. Jackson and the 
Lords Commissioners for Trade and Plantations, the Queen's 
College act of incorporation was passed forward -to King 
George and the Lords of His Majesty's Most Honourable 



172 THE NOETH CAEOLINA BOOKLET. 

Privy Council at the Court of St. James, on April 22, 1772, 
when it was formally vetoed, or "disallowed, declared void 
and of none effect." It was nearly a year later, April 7, 
1773, before this action was certified to Governor Josiah 
Martin, Tryon's successor in office, who thereupon issued a 
proclamation from the Governor's Palace in 'New Bern, 
North Carolina, June 28, 1773, declaring the King's disap- 
proval of the movement to establish the college in Charlotte. 

On December 6, 1771, before the King had vetoed the 
act incorporating Queen's College, Thomas Polk, one of its 
trustees and a representative of the county of Mecklenburg 
in the Provincial Assembly, introduced into the Assembly 
an amendment to that act (Chapter IX of the Laws of 1771) 
which provided for the election of a Vice-President of the 
college, who should act as President when the latter official 
was absent from North Carolina, as was then the case. 
This amendment passed its final reading on December 12th, 
and received Governor Martin's approval on December 23d; 
but, when the act of incorporation itself was repealed, such 
action worked as a repeal of the amendment also. 

The nominal President of Queen's College was Edmund 
Fanning, though nothing shows that he took an active part 
in its management. Fanning was a much better man than 
written history and the absurd traditions of North Carolina 
have represented him, and few men in the Province equaled 
him in scholarship. In 1757 he had graduated with the 
degree of Bachelor of Arts from Yale, which later conferred 
upon him the degTee of Master of Arts, finally honoring 
him with the high degree of Doctor of Laws in 1803. In 
1764 Harvard College gave him the degree of Master of 
Arts, as did also King's College (now Columbia) in 1772. 
Dartmouth College, in 1803, conferred upon him the degree 
of Doctor of Laws, and he received the degree of Doctor of 
Civil Law from the great University of Oxford, England, 



queen's college oe liberty hall. 173 

in 1T74. We doubt if any of Fanning's contemporaries, in 
eitlier Great Britain or America, ever received so many 
academic honors ; and yet this holder of literary degrees 
which the greatest scholars of any time might covet, is rep- 
resented by many writers as an abandoned extortionist and 
libertine, whose sole title to distinction was the favoritism of 
Tryon. In the Revolution, Fanning became a Loyalist, and 
was a General in the army of Great Britain at the time of 
his death in 1818. At that time it was written: "The 
world did not contain a better man in all the various rela- 
tions of life — as a husband, a parent, and a friend. As a 
landlord and master he was kind and indulgent. He was 
much distingTiished in the American war, and raised a regi- 
ment there, by which he lost a very large property." 

It was through no ill will of any one in ISTorth Carolina 
that a charter was withheld from Queen's College. Gover- 
nor Tryon did everything in his power to secure it, as did 
also the Provincial Assembly. Both Churchmen and Dis- 
senters throughout the Province regretted the outcome of 
the effort to secure one, but all were then too loyal to call 
into question what His Most Gracious Majesty had been 
pleased to do — or undo. But this feeling did not last. 
King George's power was soon likewise to be "disallowed, 
declared void and of none effect." In the meantime. Queen's 
College was conducted without a charter, doing much good 
both morally and educationally. Among its students were 
William Richardson Davie, Joseph Graham, and many 
others who afterwards won fame as officers in the Revolu- 
tion. It is also probable that one of its pupils was Andrew 
Jackson, as we learn from his biography (unabridged edi- 
tion) by Parton. In 1775 the college building is said to 
liave been a rendezvous for some of the earlier meetings of 
the Committee of Safety, though the Court House was used 
for the principal sessions of that body. 



174 THE JSrORTH CAKOLINA BOOKLET. 

Queen's College was sometimes called Queen's Museum; 
and, by Chapter XX of the Private Laws of 1777 (April 
session), its name was changed to Liberty Hall — no 
longer a namesake of royalty but of the fair goddess who 
was henceforth ordained to preside over the destinies of 
America. Under the new charter, in 1777, the trustees 
were Isaac Alexander (President), Thomas Polk, Thomas 
IsTeal, Abraham Alexander, Waightstill Avery, Ephraim 
Brevard, David Caldwell, James Edmonds, John Simpson, 
Thomas Reese, Adlai Osborne, Samuel McCorkle, John 
McKnitt Alexander, Thomas McCaule, and James Hall — 
true Presbyterians and patriots all, with none to gainsay 
their rights. By the act last mentioned, the Legislature 
directed that the treasurer of the college should give bond to 
the Governor of the State for the faithful discharge of his 
duties; and a subsequent Legislature (Chapter XXIII of 
the Private Laws of 1778, April session), appropriated for 
its use all moneys which should accrue from the sale of lots 
in the town of Charlotte, but even this could not make it a 
prosperous institution in the midst of a war which was mak- 
ing a heavy drain upon the resources of the people of the 
State. x\nother act of the Legislature just after the war 
(Chapter XXIX of the Private Laws of 1784, October ses- 
sion) changed the name of Liberty Hall to Salisbury 
Academy, and directed that it should be removed to Salis-- 
bury, in Powan County. If Salisbury Academy began 
operations with as many pupils as it had trustees (thirty- 
six, including those added in 1785), it had a promising- 
start, but what its final fate was we are unable to say. 

The building originally erected in Charlotte for the use 
of Queen's College, and later operated under the name of 
Liberty Hall, was evidently used for school purposes even 
after the Legislature directed the removal of the institution 
to Salisbury in 1784 ; for we find a not over-gratifying refer- 



queen's college ok. liberty piall. 175 

enee to it in Washington's Diary, May 28, 1791, when the 
Father of his Country took a look at it and its surround- 
ings. He wrote: "Charlotte is a trifling place, though the 
Court of Mecklenburg is held in it. There is a school 
(called a college) in which, at times, there has been 50 or 60 
boys." Such was the sad lot of the first college ever erected 
in I^orth Carolina — crippled in its infancy by the King of 
Great Britain, and belittled in its old age by the President 
of the United States ! 



176 THE NORTH CAROLINA BOOKLET. 



BIOGRAPHICAL, GENEALOGICAL AND HISTOR. 
ICAL MEMORANDA 



COMPILED AND EDITED BY Mrs. E. E. MOFFITT. 



COLLIER COBB 

Collier Cobb, who contributes for this number of The 
Booklet the article entitled "Governor Benjamin Smith," 
was born at Mount Auburn, his grandfather's plantation, in 
Wayne County, I^orth Carolina, March 21, 1862. His 
father, the Reverend ISTeedham Bryan Cobb, was then chap- 
lain in the Army of Northern Virginia. The Cobbs are of 
English extraction and immigrated to Virginia in 1613. 
Another ancestor, Martin Franks (Francke) came from 
Germany to ISTew Bern and settled on the Trent river. His 
daughter Susanna became the wife of William Heritage 
(1769) and the mother of Elizabeth Heritage, who married 
Jesse Cobb, a distinguished soldier of the Revolution, great- 
great-grandfather of the subject of this sketch, and through 
whose services he is a member of the ITorth Carolina branch 
of the "Sons of the Revolution." He is also eligible and 
member through ISTeedham Bryan Cobb, member of the 
N"orth Carolina Provincial Congress of August, 1775 ; also 
through Benjamin May, of Pitt County, member of the 
I^orth Carolina Provincial Congress, ISTovember, 1776 ; also 
through James Green, Secretary of the ISTorth Carolina Pro- 
vincial Congress of April, 1776. 

"Collier Cobb during his youth pursued his studies at 
home and was prepared for college by his mother, Mrs. 
Martha Louisa Cobb, a woman of vigorous intellect and very 
strong will, who reared twelve children and instructed them 
herself. This lady learned to read and speak German at the 
age of forty, that she might teach that language to her 



BIOGRAPHICAL AND GENEALOGICAL, 177 

children, when by moving to another town, they had to give 
up the instruction of a German tutor. From her Collier 
Cobb inherited many of his characteristics, and her influ- 
ence on his life has long been strong and lasting." 

Collier Cobb entered Wake Forest College, 1878, at about 
the age of sixteen, and the following year he entered the 
University of JSTorth Carolina, where he pursued his course 
of study. Earth science had always been attractive to him, 
and at the University he determined on geology as a pro- 
fession. After leaving the University he became a teacher 
and studied the topographic features of every section in 
which he taught. In the year 1885 he gave up teaching 
and entered Harvard, in order to perfect himself in his pro- 
fession. Here he was honored with the Secretaryship of the 
Harvard liatural History Society, a post of distinction 
which had been held by Edward Everett Hale, Alexander 
Agassiz, Theodore Roosevelt, and many others. In 1889 he 
received the degree of A.B. with honors in Natural History, 
and five years later he received his Master's Degree from 
Harvard, his major subject being "the origin of the topo- 
graphic features around King's Mountain." Mr. Cobb was 
assistant to Professor ]^. S. Shaler on the United States 
Geological Survey (1886-92), The influence of this excel- 
lent gentleman and learned scientist on the life of his pupil- 
associate became very strong, and to him Mr. Cobb owes the 
encouragement which induced him to persevere under great 
difiiculties, and the retarding influences of ill health. 

Mr. Cobb's activities cover a broad field, for while dur- 
ing the four years as assistant in the United States Geo- 
logical Survey he was also assistant in Harvard University 
(1888-90) and instructor in the Massachusetts Institute of 
Technology (1890-92). Among his other acquirements and 
accomplishments he is an artistic amateur photographer, his 
pictures are widely known throughout the United States. 



178 THE NOKTH CAEOLINA BOOKLET. 

He has published many scientic papers, books and maps. 
He is Fellow of the American Association for the Advance- 
ment of Science, of the Association of American Geographers 
and Geological Society of America and other kindred 
Associations. 

Mr. Cobb is notably active in the interests of his native 
State. He rendered valuable assistance to Colonel William 
L. Saunders in his monumental work, "The Colonial Records 
of North Carolina." He is President of the North Carolina 
Academy of Science ; a member of the Elisha Mitchell Scien- 
tific Society ; has published two geographies of the State ; 
also, in 1879, a valuable map of the State, which has been 
used for over a quarter of a century in the schools. He was 
elected Professor of Geology in the University of North 
Carolina in 1892, and continues in that position, which 
attests his great popularity and fitness for the place. His 
extensive travels in other lands have proved of inestimable 
value to his country as well as to himself. He is widely 
known as a student of moving sands, which he has studied 
on the coasts of France, Belgium, and Holland, as well as 
those of the States, and of the desert regions of the world. 

In the January number of The Booklet, 1905, Professor 
Cobb contributed an article on "Some Changes in the North 
Carolina Coast since 1585." This article throws much light 
on the mooted question, as to which inlet the English adven- 
turers of 1584 entered the sounds of North Carolina (then 
called Virginia). His investigations covered a study of all 
maps and originals obtainable, securing photogTaphs, or 
tracings from John White's map of 1585, to the Coast Sur- 
vey Charts of the present day. The notes presented by him 
are based on his own researches, investigations and explora- 
tions of the North Carolina coast. Many of the inlets found 
by early explorers have been closed and others, formed by the 
shifting sands, will reveal to the student of history some- 



BIOGKAPHICAL AND GENEALOGICAL. 179 

thing of the nature of the problem of which particular inlet 
was entered by the English colonists. Whatever confusion 
there may be as to names of various harbors mentioned, it is 
generally conceded that the explorers from 1585 to 1590 
headed for an inlet or harbor near Eoanoke Island called 
''Hatorask." The influence of these shifting sands upon 
the development of our State is an interesting subject for the 
student of earth science in its relation to man. 

Professor Cobb's object in his investigations was to study 
the changes in the zone of early exploration and settlement 
as they have influenced the history of the State. The round- 
ing of Cape Hatteras is attended with such danger that the 
loss to life and shipping is fearful indeed, and to avert this 
the government now has under consideration the opening of 
a gTeat inland waterway, which will not only be an economic 
move, but humanitarian in its purpose. 

Professor Cobb ranks high as a geologist, and in his fine 
library in Chapel Hill he still pursues his studies and to 
exert his powers on the students under his charge to become 
useful factors in the building up of the State and its insti- 
tutions. ''The story of his life presents many features 
of great use to young Americans, illustrating how persever- 
ance and systematic endeavor will generally bring success. 
He is indeed a representative American, not self-made, 
though self-educated in the best sense, self-reliant and suc- 
cessful in the career which he has chosen. He has lived 
thoroughly up to his motto, 'Always do as best you can the 
work that lies immediately at hand. Want whatever work 
presents itself, and you will some day get the work you want 
to do.' " 

In 1891 Professor Cobb married Mary Lindsay Battle, 
a daughter of Doctor William Horn Battle. She died No- 
vember 27, 1900, leaving three children: William Battle, 
Collier, and Mary Louise. In 1904 he married Miss Lucy 



180 THE NORTH CAROLINA BOOKLET. 

Plummer Battle, daughter of Honorable Richard H. Battle, 
of Raleigh, N. C. She bore him one son, Richard Battle 
Cobb. She died April 27, 1905. In November, 1910, Pro- 
fessor Cobb married Miss Mary Catling, of Little Rock, 
Arkansas, a descendant of Governor Richard Caswell. 

Note. — Tho material for the above sketch was drawn from Captain Samuel A. Ashe's 
sketch of Mr. Cobb, in the Biocraphical History of North Carolina, Vol. VI, p. 141; also 
from The North Carolina Booklet, Vol. IV, January, 1903, article by Professor Cobb; 
also from tho Records of the Sons of the Revolution of North CaroUna. 



MES. HELEN DEBEENIEEE WILLS. 181 



MRS. HELEN DeBERNIERE WILLS 



Mrs. Helen DeBerniere Wills departed this life on June 
24, 1911. The death of this highly esteemed and honored 
member of the North Carolina Society Daughters of the 
Revolution is greatly lamented, and the loss of her valued 
service as Genealogist is sadly felt and deplored. Mrs. 
Wills was a highly educated woman, naturally endowed with 
a superior intellect, enriched with judicious culture yet pos- 
sessed of a modesty so retiring that only those who knew her 
intimately were able to appreciate the excellence of her 
mind and character. 

Under the guiding hand of a father of unusual literary 
ability, Mrs. Wills became proficient as a teacher, and for 
a time she pursued this occupation until her marriage to 
James Wills, a prominent druggist of Wilson, North Caro- 
lina, on August 12, 1867. As the years passed on, she was 
repeatedly called upon to follow her dear ones to the tomb. 
On October 26, 1884, her husband died, in the faith and 
hope of a Christian, after many years of trial and suffering, 
leaving her with two small sons. She again resumed teach- 
ing, in which she met with continued success until her chil- 
dren were fitted to take up their life work and repay her in 
a measure for her care of them. 

With a spirit of independence, her desire being to take up 
some work to occupy her time and attention, she removed 
to Raleigh, N. C. It was here that her services were called 
into requisition by the Society of the Daughters of the Revo- 
lution to undertake the office of Genealogist, a peculiar and 
difficult branch of history. Not since the days of Mr. Hath- 
away, of Edenton, N. C, has any one accomplished what 
she did for Genealogy in North Carolina. Could she have 
had the physical strength to take up the work where he left 
4 



182 THE NORTH CAKOLINA BOOKLET. 

it off, our State would have been doubly enriched bj her 
services, but a weak constitution forbade her undertaking its 
continuance. 

Mrs. Wills was a devoted church woman and a faithful 
attendant upon the ministrations of her rector, the Rev. Dr. 
I. McK. Pittinger, of the Church of the Good Shepherd in 
Raleigh, in whose congregation she had a host of friends who 
held her in the highest esteem. She was a type of the ante- 
bellum Southern lady, impressing her personality upon all 
those with whom she came in contact. Firm in her convic- 
tions, based upon the broad view she took of life, her judg- 
ment was to be relied on in matters of social or literary sig- 
nificance. She was a voracious reader, and was authority on 
general literature and language. She was especially a stu- 
dent of history and had connected herself with several patri- 
otic organizations. 

She became a member of the Society of the Daughters of 
the Revolution when it was first organized in the State, and 
to the day of failing health was ever on the alert to aid in its 
growth and progress. In all its difficulties and deliberations 
her voice had a potent influence. The voluminous notes and 
data which she had collected during her term of office will 
be most valuable to her successor. 

Mrs. Wills was also a "Daughter of the Confederacy" 
from the time that the society was organized, and one more 
faithful was not easily found. She was Historian of the 
Johnston Pettigrew Chapter, U. D. C, of Raleigh, IST. C, 
filling the place most effectually and faithfully. 

She founded at Chapel Hill and was President of the 
Leonidas Polk Chapter, the first and only Chapter of the 
TJ. D. C. ever organized in that place, leaving it in a flour- 
ishing condition upon her return to Raleigh. 

Her devotion to the U. D. C, her intense interest in its 
historic work, her desire to see recorded the truth of the 



MES. HELEN DEBEBNIEBE WILLS, 183 

cause, won for her the place of Chairman of the Historical 
Text-book Committee of the State Division. To this she 
spared no pains to vindicate the justice of the cause as she 
saw it. Early in 1903 she issued a circular letter to the 
President and Historian of every Chapter in the State, then 
numbering about sixty. This circular was for the purpose 
of reminding them of the importance of this branch of the 
U. D. C. work — the preservation of a truthful history of the 
War between the States, the training of our young people in 
familiarity with such history and the endeavor to eliminate 
from our schools the false teachings which traduce the South 
and her heroes. She held up Jefferson Davis, R. E. Lee and 
''Stonewall" Jackson as the highest types of American man- 
hood, fit examples for the generations to come. These char- 
acters, as well as other Confederate history, to be studied by 
our young people in order to fit them to carry on the work 
after the older "Daughters" have passed away, and to im- 
press upon them their duty to the old soldier of the Lost 
Cause while in life, and to keep green his grave after death. 
This circular met with many favorable responses, not only 
from the Society but from prominent educators and other 
public-spirited citizens. Mrs. Wills's actual experience before 
and during the war enabled her to recount the trend of events 
with trusted accuracy. She heard the first gun fired at 
Sumter, being at that time a resident of South Carolina, and 
the echoes of that forerunner of a great fratricidal strife ever 
remained a fearful memory. 

A few years ago a society was formed by the descendants 
of "Signers of the Declaration of Independence." In this 
organization Mrs. Wills was solicited to enroll her name, 
being eligible through her ancestor on the maternal side, 
William Hooper, "The Signer." In this she became heartily 
interested and attended two of the meetings, the last on 
October 19, 1909, at Yorktown, Virginia — the one hundred 



184 THE NORTH CAROLINA BOOKLET. 

and twenty-eighth anniversary of the surrender of Lord Corn- 
wallis to General George Washington. This historic town 
was the scene of a memorable celebration conducted under 
the joint auspices of the '^Descendants of Signers" and the 
Yorktown Historical Society. A very interesting descrip- 
tion of the occasion was written by Mrs. Wills for The 
North Carolina Booklet of July, 1910. 

On account of a failure in health, late in the year 1910, 
she laid aside her work, to reside with her son, Mr. Henry 
Wills, in Chapel Hill, 'N. C, hoping that a change of alti- 
tude would restore her to health and enable her to resume 
her wonted occupation, but her days were numbered. After 
a lingering illness she passed away, surrounded by kind and 
sorrowing friends. She is survived by two sons, Henry C. 
Wills, of Chapel Hill, N. C, and George Wills, a prominent 
architect of New York City ; also by one sister, Mrs. R. H. 
Graves, now residing in Philadelphia, besides several 
nephews and nieces. 

GENEALOGY. 

Mrs. Wills comes of a noble, patriotic, and cultured ances- 
try, being lineally descended from the Hooper, Maclaine, 
DeBerniere, and Jones families. She is the fifth in lineal 
descent from the Rev. William Hooper, Trinity Church, 
Boston, Massachusetts, the second Rector of that church from 
1747 to his death in 1767. She is the fourth in descent 
from his son, William Hooper (1742-1790), the ''signer" of 
the Declaration of Independence, of National fame. She 
is the third in descent from William Hooper third and Helen 
(Hogg) his wife, of Brunswick County, N. C, who died in 
1804. She is the second in descent from the Rev. William 
Hooper (1792-1876), who married Frances Pollock Jones, 
daughter of Edward Jones (1762-1841), for many years 
Solicitor-General of North Carolina. Reverend Wm. 
Hooper, D.D., LL.D., was for many years Professor in the 



MES. HELEN DEBEENIEEE WILLS. 186 

TJniversitj of North Carolina and other institutions of learn- 
ing, an instructor of youth for sixty-five years. She was a 
daughter of Professor John DeBerniere Hooper (1811-1886), 
for many years Professor of Languages in the University of 
North Carolina, who was acknowledged to be one of the most 
accurate Greek, Latin and French scholars of his age and day. 
From such ancestry Mrs. Wills inherited many varied 
traits that characterized this remarkable family, and at her 
demise many relatives and friends are left to mourn their loss. 



186 THE NORTH CAROLINA BOOKLET. 



IN MEMORIAM 

Resolutions of Respect to the Memory of Mrs. Fanny DeBerniere 
Hooper Whitaker, \vho Died November 28, 1911 

Whereas, God, in His divine love and never-failing wis- 
dom, has called from her temporary home to "the Great 
Beyond" our beloved Founder, former State and Honorary 
Regent, Mrs. Fanny DeBerniere Hooper Whitaker: 

Therefore he it Resolved, That the ^orth Carolina So- 
ciety, Daughters of the Revolution, laments the inexpressible 
loss sustained in her death. 

That they express the deepest gratitude for the high 
standard she has set us by the beautiful example of her noble 
life, and that they appreciate the great work she has done in 
founding this society, whose influence has been recognized 
as a factor in the universal historical awakening that is re- 
storing North Carolina to her own, whose devotion will ever 
be an inspiration to our members — her loyal followers — to 
undertake more difficult tasks and to bring to accomplish- 
ment enduring achievements. 

That they will always miss the guiding hand that has 
safely piloted them through troubled waters, and treasure 
her hallowed memory through the coming years. 

To the dear ones is extended our warmest sympathy in 
this hour of sorrow. 

That these resolutions be spread upon the minutes of the 
society and a copy be sent to the family. 

Mary Hilliard Hinton, 
Mrs. Annie (Moore) Parker, 
Mrs. Hubert PTaywood, 

Regent Bloomsbury Chapter. 
Mrs. E. E. Moffitt, 

Committee. 



MARRIAGE BONDS OF EOWAN COUNTY. 187 



MARRIAGE BONDS OF ROWAN COUNTY, N. C. 



BY MRS. M. G. McCUBBINS. 



Squire Boone to Jane Vancleft. July 11, 1765. Squire 
Boone, John Johnston and Sam (his X mark) Tate. 
(Thomas Frohock). [This is framed and hangs on wall in 
clerk's office.] 

Andrew Beard to Anne Locke. February 1, 1790. 
Andrew Beard and Jno. Beard. (C Caldwell, D. C.) 

John H. Berger to Susanna Miller. February 15, 1790. 
John H. Berger( ?) (in Dutch) and Peter (his X mark) 
Berger. 

Randel Bevin to Rachael Wood. February 15, 1790. 
Randel (his X mark) Bevin and Benjamin Stony ( ?). (Ed. 
Harris.). 

Thomas Boulwin to Mary Coske (Cooke?). February 22, 
1790. Thomas Boulwin ( ?) and AVilliam Aldredge. 

Philip Brown to Rel)ekah Baker. March 1, 1790. Philip 
(his X mark) Brown and Charles Dunn. 

John Baker to Jean Mitchel. May 20, 1790. John 
(his X mark) Baker and Sehon Smith. (C. Caldwell, 
D. C.) 

John Braley to Mary Carson. May 22, 1790. John 
Braley and Wi'". St. Carson. (C. Caldwell, D. C.) 

Wm. Brewer to Mary Shumaker. June 10, 1790. Wil- 
liam (his X mark) Bruer and Rich*^ (his X mark) Speaks. 
(Basil Gaither.) 

John Biles to Margaret Whiteker. July 2, 1790. John. 
Biles and John (his X mark) Whiteker. (Basil Gaither.) 

William Barly, Jr., to Jane Patteson. July 26, 1790. 
William Barly and Wm. Belay, Sr. (Jan Harris, D. C, for 
Charles Caldwell.) 



188 THE NOETH CAROLINA BOOKLET. 

John Barklej to Yuiley( ?) Kern. August 21, 1790. 
John Barcley and John Kern. (C. Caldwell, D. C.) 

John Berger to MargTet Cruse. John Berger and Adam 
Stiyerwalt. September 1, 1790. (C. Caldwell, D. C.) 

Muddeas Beam to Polly Wise. September 21, 1790. 
Muddeas Beam( ?) (both in Dutch) Jacob Beam. (C. Cald- 
well, D. C.) 

Samuel Badjet to Jenny Skene. October 21, 1790. 
Samuel Badgett and Jacob Skeen. (C. Caldwell, D. C.) 

James Brian to Margaret Johnson. December 8, 1790. 
James Bryan and John Johnston. (C. Caldwell, C. C.) 

Manning Brookshire to Elizabeth Sludder. December 14, 

1790. Manning (his X mark) Brookshire and Jesse Brook- 
shire. 

Douglass Blue to Charity Hill. May 18, 1791. Douglass 
Blue and Moses Bellah. (Charles Caldwell, D. C.) 

Archibald Blue to Martha Forest (or Foust). July 18, 

1791. Arch^ Blue and Moses Bellah. (C. Caldwell, 
D. C.) 

David Bloomfield to Kachel Barkley. October 21, 1791. 
David (his X mark) Bloomfield and Wilson McCay. Cun:™ 
Harris.) 

John Buse to Sarah Wyatt. November 8, 1791. John 
Buis and J. G. Lanmann. (Chs. Caldwell.) 

Horatio Baker to Rachael Blaster( ?). December 29, 

1791. Horatio (his X mark) Baker and Philip Coleman( ?) 
(in Dutch). (Ad: Osborn.) 

Jeremiah Brown to Mary Charian (Marian?). June 29, 

1792. Jeremiah (his X mark) Brown and Thomas (his X 
mark) Davis. (Chs. Caldwell.) 

Jacob Bodenhamer to Elizabeth Spurgins. January 1, 
1792. Jacob Bodenhamer and Peter Bodenhamer. (Jno. 
Monro ?) 



MAKKIAGE BONDS OF EOWAN COUNTY. 189 

Moses Bella to Elizabeth Anderson. February 21, 1Y92. 
Moses Bellah and Wm. Anderson. (Chs. Caldwell.) 

John Biles to Betsay Smithe. March 12, 1792. John 
Biles and Conrad Brem. (Chs. Caldwell.) 

John Baxter to Hannah Owins(?). April 13, 1792. 
John Backster and James (his X mark) Wood. (Chs. 
Caldwell.) 

William Balej to Lucy Foster. June 11, 1792. William 
Baily and Robert Dial. (Basil Gaither.) 

George Bullen to Chlora Castor. October 9, 1792. 
George (his X mark) Bullen and Jacob Call (Castor?). 
(Jo. Chambers.) 

Leonard Bevins to Sarah Moore. October 16, 1792. 
Leonard (his X mark) Bevins and Val : Beard. (Jos. 
Chambers.) 

N. B. on back of bond. — Jos. Chambers testifies that they 
were married October 16, 1792. 

Thomas Briggs to Esther Parks. October 19, 1792. 
Thomas Briggs and Simon (his G mark) Watson. Jos:^ 
Chambers, D. C.) 

Conrod Browii to Patience Penny. October (no date), 
1792. Conrod (his X mark) Brown and David (his X 
mark) Brown. (Jo. Chambers.) 

Jacob Bining to ISTancy Rowan. November 17, 1792. 
Jacob Binning and John Braly. 

John Buise to Martha Wyatt. January 12, 1793. John 
Buis, Jr., and Laurence Clinard. ( Jno. ( ?)onro.) 

William Bunton to Mary Cowan. January 31, 1793. 
William Bunten and Thomas Barrkley (or Barckley?). 
(Jos. Chambers.) 

William Bateman to Elizabeth Smith. March 4, 1793. 
William (his X mark) Bateman and Mesheck( ?) Pinkstone. 
(Jos. Chambers.) 



190 . TnE NOKTH CAROLINA BOOKLET. 

William Braly to Margaret Woods. March 8, 1793. Wil- 
liam Braly and Jno. Braly. 

Daniel Brown to Ann Rablin. August 26, 1793. Daniel 
Brawn ( ?) and Mertin Rablin. (Jos. Chambers.) 

John Henry Brinly to Catharine Easter. August 4, 1793. 
John Henry Brennly and Peter Easter (or Easten ?). (Jno. 
( ?)onro.) 

William Brown to Lucy Chaffin. September 3, 1793. 
William Brown and Valentine (his X mark) Holderfield. 
(Jos. Chambers.) 

Henry Benson to Jane Cathey. October 12, 1793. Henry 
Bonson and Jno. McRavey. (Jos. Chambers.) 

Charles Burros to ISTancy Renshaw. October 18, 1793. 
Charles Burroughs and James Heathman. (Jos. Chambers.) 

George Briles to Barbra Coonrod. George Brile and 
David Coonrod (?) (in Dutch). (Jno. onro.) 

Samuel Bucey to Katharine Seigler. February 10, 1794. 
Samuel Bucey and Laurence Seigler. (John Pinchback and 
Ly(?) Pinchback.) 

John Burns to Mary Lopp. April 18, 1794. John (his 
X mark) Burns and Charles (his X mark) Burns. (Jo. 
Chambers.) 

James Brown to Sarah Smith. July 23, 1794. James 
Brown and Tobias Fouro( ?) (or Furr). (I. Troy, P. C.) 

Daniel Benson to Mary Ham. August 25, 1794. Daniel 
Benson and John Peraman. (Friedrick Miller.) 



INFORMATION 

Concerning the Patriotic Society 

"Daughters of the Revolution*' 



The Genera] Society was founded October 11, 1890, — and organized 
August 20, 1891, — under the name of "Daughters of the American 
Revolution"; was incorporated under the laws of the State of New York 
as an organization national in its work and purpose. Some of the mem- 
bers of this organization becoming dissatisfied with the terms of en- 
trance, withdrew from it and, in 1891, formed under the slightly differ- 
ing name "Daughters of the Revolution," eligibility to which from the 
moment of its existence has been lineal descent from an ancestor who 
rendered patriotic service during the War of Independence. 



** Ihe North Carolina Society " 

a subdivision of the General Society, was organized in October, 1896, 
and has continued to promote the purposes of its institution and to 
observe the Constitution and By-Laws. 



Membership and Qualifications 

Any woman shall be eligible who is above the age of eighteen years, 
of good character, and a lineal descendant of an ancestor who ( 1 ) was 
a signer of the Declaration of Independence, a member of the Conti- 
nental Congress, Legislature or General Court, of any of the Colonies 
or States; or (2) rendered civil, military or naval service under the 
authority of any of the thirteen Colonies, or of the Continental Con- 
gress; or (3) by service rendered during the War of the Revolution 
became liable to the penalty of treason against the government of Great 
Britain: Provided, that such ancestor always remained loyal to the 
cause of American Independence. 

The chief work of the North Carolina Society for the past eight years 
has been the publication of the "North Carolina Booklet," a quarterly 
publication of great events in North Carolina history — Colonial and 
Revolutionary. $1.00 per year. It will continue to extend its work and 
to spread the knowledge of its History and Biography in other States. 

This Society has its headquarters in Raleigh, N. C, Room 411, 'Caro- 
lina Trust Company Building, 232 Fayetteville Street. 

1 



Some North Carolina Booklets for Sale 

Address, EDITOR, Raleigh, N. C. 

Vol. I 

"Greene's Retreat," Dr. Daniel Harvey Hill. 

Vol. II 

"Our Own Pirates," Capt. S. A. Ashe. 

"Indian Massacre and Tuscarora War,"' Judge Walter Clark. 

"Moravian Settlement in North Carolina," Rev. J. E. Clewell. 

"Whigs and Tories," Prof. W. C. Allen. 

"The Revolutionary Congresses," Mr. T. M. Pittman. 

"Raleigh and the Old Town of Bloomsbury," Dr. K. P. Battle. 

"Historic Homes — Bath, Buneomb Hall, Hayes," Rodman, Blount, 

Dillard. 
"County of Clarendon," Prof. John S. Bassett. 
"Signal and Secret Service," Dr. Charles E. Taylor. 
'Last Days of the War," Dr. Henry T. Bahnson. 

Vol. Ill 

"Volunteer State Tennessee as a Seceder," Miss Susie Gentry. 

"Colony of Transylvania," Judge Walter Clark. 

"Social Conditions in Colonial North Carolina," Col. Alexander Q. 

Holladay, LL.D. 
"Battle of Moore"s Creek Bridge, 1776," Prof. M. C. S. Noble. 
"North Carolina and Georgia Boundary," Mr. Daniel Goodloe. 

Vol. IV 

"Battle Ramsaur's Mill, 1780," Major Wm. A. Graham. 
"Quaker Meadows," Judge A. C. Avery. 
"Convention of 1788," Judge Henry Groves Connor. 
"North Carolina Signers of Declaration of Independence, John Penn 
and Joseph Hewes," by T. M. Pittman and Dr. E. Walter Sikes. 

"North Carolina Troops in South America," Judge Walter Clark. 
"Rutherford's Expedition Against the Indians," Capt. S. A. Ashe. 
"Changes in Carolina Coast Since 1585," Prof. Collier Cobb. 
"Highland Scotch Settlement in N. C," Judge James C. MacRae. 
"The Scotch-Irish Settlement," Rev. A. J. McKelway. 
"Battle of Guilford Court-house and German Palatines in North Caro- 
lina," Major J. M. Morehead, Judge O. H. Allen. 

2 



Vol. VII. (Quarterly.) 

July. No. 1. 

" North Carolina in the French and Indian War," Col. A. M. Waddell. 

"Locke's Fundamental Constitutions," Mr. Junius Davis. 

" Industrial Life in Colonial Carolina," Mr. Thomas M. Pittman. 

Address: "Our Dearest Neighbor — The Old North State," Hon. James 
Alston Cabell. 

Biographical Sketches: Col. A. M. Waddell, Junius Davis, Thomas M. 
Pittman, by Mrs. E. E. Moffitt; Hon. Jas. Alston Cabell, by Mary 
Hilliard Hinton. 

Abstracts of Wills. Mrs. Helen DeB. Wills. 

October, No. 2. 

" Ode to North Carolina," Pattie Williams Gee. 

" The Finances of the North Carolina Colonists," Dr. Charles Lee 

Raper. 
" Joseph Gales, Editor," Mr. Willis G. Briggs. 
"Our First Constitution, 1776," Dr. E. W. Sikes. 
" North Carolina's Historical Exhibit at Jamestown Exposition," 

Mary Hilliard Hinton. 

Biographical Sketches: Dr. Kemp P. Battle, Dr. Charles Lee Raper, 
Willis Grandy Briggs, Pattie Williams Gee. By Mrs. E. E. Moffitt. 

January, No. 3. 

" General Robert Howe," Hon. John D. Bellamy. 

" Early Relations of North Carolina and the West," Dr. William K. 
Boyd. 

" Incidents of the Early and Permanent Settlement of the Cape Fear," 
Mr. W. B. McKoy. 

Biographical Sketches: John Dillard Bellamy, William K. Boyd, Wil- 
liam B. McKoy. By Mrs. E. E. Moffitt. 

April, No. 4. 

"St. James's Churchyard" (Poem), Mrs. L. C. Markham. 

" The Expedition Against the Row Galley General Arnold — A Side 

Light on Colonial Edenton," Rev. Robt. B. Drane, D.D. 
" The Quakers of Perquimans," Julia S. White. 

" Fayetteville Independent Light Infantry," Judge James C. MacRae. 
Biographical Sketches: Mrs. L. C. Markham, Rev. R. B. Drane, 

Julia S. White, Judge James C. MacRae. By Mrs. E. E. Moffitt. 

Vol. VIM.— (Quarterly ) 

July, No. 1. 

"John Harvey," Mr. R. D. W. Connor. 

"Military Organizations of North Carolina During the American Revo- 
lution," Clyde L. King, A.M. 
"A Sermon by Rev. George Micklejohn," edited by Mr. R. D. W. Connor 

3 



Vol. v.— (Quarterly.) 
No. 2. 

"History of the Capitol," Colonel Charles Earl Johnson. 

"Some Notes on Colonial North Carolina, 1700-1750," Colonel J. Bryan 
Grimes. 

"North Carolina's Poets," Eev. Hight C. Moore. 

No. 3. 

"Cornelius Harnett," Mr. R. D. W. Connor. 

"Celebration of the Anniversary of May 20, 1775," Major W. A. 

Graham. 
"Edward Moseley," by Dr. D. H. Hill. 

No. 4. 

"Governor Thomas Pollok," Mrs. John W. Hinsdale. 
"Battle of Cowan's Ford," Major W. A. Graham. 

"First Settlers in North Carolina Not Religious Refugees," Rt. Rev. 
Joseph Blount Cheshire, D.D. 

Vol. VI-(Quarterly.) 
October, No. 2. 

"The Borough Towns of North Carolina," Mr. Francis Nash. 

"Governor Thomas Burke," J. G. de Roulhac Hamilton, Ph.D. 

"Colonial and Revolutionary Relics in the Hall of History," Col. Fred. 
A. Olds. 

"The North Carolina Society Daughters of the Revolution and its 

Objects." 

Biographical Sketches: Dr. Richard Dillard, Mr. Francis Nash, Dr. 
J. G. de R. Hamilton and Col. Fred A. Olds, by Mrs. E. E. MoITitt. 

January, No. 3. 

"State Library Building and Department of Archives and Records," 
Mr. R. D. W. Connor. 

"The Battle of Rockfish Creek, 1781," Mr. James Owen Carr. 
"Governor Jesse Franklin," Prof. J. T. Alderman. 

"North Carolina's Historical Exhibit at Jamestown," Mrs. Lindsay 
Patterson, Mary Hilliard Hinton. 

Biographical Sketches: Mrs. S. B. Kenneday, R. D. W. Connor, Jamea 
Owen Carr, and Prof. J. T. Alderman, by Mrs. E. E. MoITitt. 

April, No. 4-. 

"The White Pictures," Mr. W. J. Peele. 

"North Carolina's Attitude Toward the Revolution," Mr. Robert Strong. 
"Some Overlooked North Carolina History," J. T. Alderman. 
Biographical Sketches: Richard Benbury Creecy, the D. R. Society 
and Its Objects, Mrs. E. E. Moffitt. 

Genealogical Sketches: Abstracts of Wills; Scolley, Sprott anu Hunter, 
Mrs. Helen de B. Wells. 



Biographical and Genealogical Sketches: R. D. W. Connor, Clyde L. 

King, Marshall DeLaneey Haywood, by Mrs. E. E. Motlitt. 
"Abstracts of Wills," Mrs. Helen DeB. Wills. 

October, No 2. 

"Convention of 1835," Associate Justice Henry G. Connor. 

"The Life and Services of Brigadier-General Jethro Sumner," Kemp 

P. Battle, LL.D. 
"The Significance of the Mecklenburg Declaration of Independence," 

Prof. Biuce Craven. 
Biographical and Genealogical Sketches: Judge Henrv G. Connor, Kemp 

P. Battle, LL.D., Prof. Bruce Craven, by Mrs. E.'e. MoHitt. 

January, No. 3. 

"The Mecklenburg Declaration of Independence," Mr. A. S. Salley, Jr. 
"The Mecklenburg Declaration of Independence," Prof. Bruce Craven. 
"Mr. Salley's Reply." 
"Mr. Craven's Rejoinder." 

Biographical and Genealogical Sketches: Prof. Bruce Craven, Mr. Alex- 
ander S. Salley, Jr., by Mrs. E. E. Moffitt. 

"Patriotic Objects." 

"Information Concerning the Patriotic Society D. R." 

April, No. 4. 

"Unveiling Ceremonies." 

"Carolina," by Bettie Freshwater Pool. 

"The Battle of King's Mountain," by Dr. William K. Boyd. 

"Schools and Education in Colonial Times," by Dr. Charles Lee Smith. 

"Nortli Carolina Heroines of the Revolution," by Richard Dillard, M.D. 

Biographical and Genealogical Sketches: Bettie Freshwater Pool, Wil- 
liam K. Bovd, Charles Lee Smith, Richard Dillard, bv Mrs. E. E. 
Moffitt. 

Vo'. IX.— (Quarterly.) 
July, No. 1. 

"Indians, Slaves and Tories: Our 18th Century Legislation Regarding 

Them," Clarence H. Poe. 
"Thomas Person," Dr. Steplien B. Weeks. 
"Sketch of Flora McDonald," Mrs. S. G. Ayr. 
Biographical and Genealogical Memoranda: Clarence H. Poe, Dr. Stephen 

B. Weeks, Mrs. S. G. Ayr, Mrs. E. E. :\Ioffitt. 

Abstracts of Wills: Shrouck, Stevens, Sanderson, Shirley, Stevenson, 
Shaiee, Shearer, Shine, Smithson, Sitgreaves, by Mrs. Helen DeB. 
Wills. 

October, No. 2. 

"General Joseph Graham," Mrs. Walter Clark. 

"State Rights in North Carolina Through Half a Century," Dr. H. M. 
Wagstaff. 

5 



"The Nag's Head Portrait of Theodosia Burr," Bettie Freshwater 

Pool. 
Biographical and Genealogical Memoranda: Mrs. Walter Clark, H. M. 

Wagstaff, by Mrs. E. E. Moffitt. 
Abstracts of Wills: Arnold, Ashell, Avelin, Adams, Battle, Burns, Boge, 

Bennett, by Mrs. Helen DeB. Wills. 

January, No. 3. 

"History of Lincoln County," Mr. Alfred Nixon. 
"Our State Motto and Its Origin," Chief Justice Walter Clark. 
"Work Done by the D. R, in Pasquotank County," C. F. S. A. 
Biographical and Genealogical Memoranda: Alfred Nixon, Walter Clark, 

by Mrs. E. E. Moffitt. 
Abstracts of Wills: Clark, Evans, Fendall, Fort, Gorbe, Gambell, 

Grainger, Hill, White, by Mrs. Helen DeB. Wills. 

April, No. 4. 

"Der North Carolina Land und Colonie Etablissement," Miss Adelaide 
L. Fries. 

"George Durant," Capt. S. A. Ashe. 
"Hatorask," Mr. Jaques Busbee. 

"The Truth about Jackson's Birthplace," Prof. Bruce Craven. 
Biographical and Genealogical Memoranda: Miss Fries, Captain Ashe, 
Professor Craven, by Mrs. E. E. Moffitt. 

VoL X.— (Quarterly.) 
July, No. 1. 

"The Chase," James Sprunt. 

"Art as a Handmaiden of History," Jaques Busbee. 

"Sketch of Colonel Francis Locke," George McCorkle. 

"Unveiling of Tablet at Nixonton, N. C," Mrs. Walker Waller Joynes. 

"Address Delivered at Unveiling of Tablet at Nixonton, N. C," by 
Former Lieutenant-Governor F. D. Winston. 

"A Glimpse of Historic Yorktown," Mrs. Helen DeB. Wills. 

"Colonel Polk's Rebellion," Capt. S. A. Ashe. 

"Was George Durant Originally a Quaker?" William B. Phelps. 

October, No- 2. 

"The History of Orange County, Part L" Francis Nash. 

January, No. 3. 

"The Croatans," Hamilton McMillan. 

"State Aid to Transportation in North Carolina: The Pre-Railroad 
Era," J. Allen Morgan. 

"Joseph Hewes and the Declaration of Independence," R. D. W. 
Connor. 



April, No. 4. 

"An Address for the Baptism of Virginia Dare," Rt. Rev. Joseph 

Blount Cheshire, D.D. 
"The Early History of Craven County," S. M. Brinson. 
"Jacob Marling, an Early North Carolina Artist," Marshall DeLancey 

Haywood. 

'The Social Condition of North Carolina in the Year 1783," Captain 

S. A. Ashe. 
"Rowan County Wills and Marriage Bonds," Mrs. M. G. McCubbins. 



Vols. I, II, III, IV, 25 cents each number. 

Vols. V, VI, VII, VIII, IX, X, 35 cents each number. 



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Vol. XI APRIL, 1912 No. 4 



lohe 



floRTH CflROhmfl BoOKliET 



^'^ Carolina! Carolina! Heaven'' s blessings attend Jier ! 
WJiile we live we will cherish^ protect and defend her.'^ 



Published by 

THE NORTH CAROLINA SOCIETY 

DAUGHTERS OF THE REVOLUTION 



The object of The Booklet is to aid in developing and preserving 
North Carolina History. The proceeds arising from its publication 
will be devoted to patriotic purposes. Editor. 



ADVISORY BOARD OF THE NORTH CAROLINA BOOKLET 

Mrs. Hubert Haywood. Dr. Richard Dillard. 

Mrs. E. E. Moffitt. Dr. Kemp P. Battle. 

Mr. R. D. W Connor. Mr. James Sprunt. 

Dr. D. H. Hill. Mr. Marshall DeLancey Haywood. 

Dr. E. W. Sikes. Chief Justice Walter Clark. 

Mr. W. J. Peele. Major W. A. Graham. 

Miss Adelaide L. Pries. Dr. Charles Lee Smith. 

Miss Martha Helen Haywood. 

editor : 
Miss Mary Hilliard Hinton. 



OFFICERS OF THE NORTH CAROLINA SOCIETY 
DAUGHTERS OF THE REVOLUTION 1910-1912 

regent: 
Miss MARY HILLIARD HINTON. 

VICE-REGENT I 

Miss DUNCAN CAMERON WINSTON. 

honorary regent: 

Mrs. E. E. MOFFITT. 

recording secretary: 

Mrs. clarence JOHNSON. 

corresponding secretary: 

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CHAPTER REGENTS 

Bloomsbury Chapter Mrs. Hubert Haywood, Regent. 

Penelope Barker Chapter Mrs. Patrick Matthew, Regent. 

Sir Walter Raleigh Chapter, 

Miss Catherine F. Seyton Albertson, Regent. 
DeGraffenried Chapter Mrs. Charles Slover Hollister, Regent. 



Founder of the North Carolina Society and Regent 1896-1902: 

Mrs. SPIER WHITAKER.f 

Regent 1902: 

Mrs. D. H. HILL, Sr.* 

Regent 1902-1906: 
Mrs. THOMAS K. BRUNER. 

Regent 1906-1910: 
Mrs. E. E. MOFFITT. 



•Died December 12, 1904. 
tDied November 25, 1911. 



THE NORTH CAROLINA BOOKLET 



Vol XI APRIL, 1912 No. 4 



JAMES IREDELL, 1751=1799 ' 



By H. G. CONNOR. 
Judge United States Court, Eastern District North Carolina. 



"The character of this excellent man has been too little known. 
Similar has been the fate of many other valuable characters in 
America. They are too little known to those around them; their 
modest merits have been too familiar, perhaps too uniform, to 
attract particular and distinguished attention." 

James Iredell was born in Lewes, Sussex County, Eng- 
land, October 5, 1751. His father, Francis Iredell, a 
merchant of Bristol, married Margaret McCulloch. The 
family were allied by blood to Sir George Macartney, the 
Earl of Wigton, the Fergusons, McCullochs, and, by mar- 
riage, to Governor Lyttleton. Henry McCulloch was con- 
nected with the Government of the Province of ISTorth Caro- 
lina, where he owned large landed estates. Through the in- 
fluence of relatives, James Iredell was appointed Comptroller 
of the Customs at Port Roanoke (Edenton) li. C. It was 
said at the time, "The office is genteel requiring little or no 
duty, so that he will have time to apply himself to business ; 
it is worth upwards of one hundred pounds sterling a year." 
Iredell appropriated a large portion of his salary to the sup- 
port of his father and mother, thus "illustrating in a forcible 
manner his filial piety and generous nature." He sailed for 
his new home, bringing with him his commission, and letters 



iThe writer has, for his information relied largely upon McRee's "Life and Corres- 
pondence of James Iredell." Except as otherwise indicated herein, quotations given are 
taken from it. 



202 THE NORTH CAROLINA BOOKLET. 

of introduction from friends in England, to several gentle- 
men in Edenton, arriving at the latter place "near the close 
of the year 1768." His biographer says of him: "He was 
then just seventeen years old, at the age when pleasures are 
enjoyed with the keenest relish. Erank, ingenuous, of pleas- 
ing apj)earance, winning manners, and educated in the best 
schools of England, he was kindly received and warmly wel- 
comed." 

The ancient borough of Edenton is situated on the north- 
ern shore of Albemarle Sound. It was founded in 1716, and 
named in honor of Eden, the Royal Governor. Mr. McRee 
says of the people to whom the young Comptroller came and 
among whom he resided during the remainder of his life: 
"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; 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 the inhabitants were untutored people is grossly 
deceived. They were not refugees from the justice of the 
old world ; nor were they of desperate fortunes or undisci- 
plined minds — they were equal in cultivation, ability and pa- 
triotism to any of their contemporaries. The men were bold, 
frank, generous and intelligent ; the females tender, kind and 
polite." The town contained about five hundred inhabitants. 
Of the residents of the town were Samuel Johnston, among 
the earliest, most enthusiastic and active Whigs, President of 
the Provincial Congress, Governor, and, upon the adoption 
of the Federal Constitution, the first United States Senator 
elected from the State, a lawyer of learning, a man of deep 
and extensive reading and singular purity of life spent in 
patriotic service to the State ; Joseph Hewes, signer of the 



JAMES IKEDELL. 203 

Declaration; Thomas Barker, Thomas Jones, Jasper Charl- 
ton, Stephen Cabarrus, Robert Smith, Charles Johnston, 
John Johnston, and Sir ^N'athaniel Duckenfield. In the ad- 
joining counties were Colonel Richard Buncombe, who, being 
mortally wounded at Germantown died in Philadelphia ; 
John Harvey, Speaker of the Assembly, and later Moderator 
of the First and Second Provincial Congresses called in the 
Province (August, 1774, and April, 1775) ; and others of 
less note, but of liberal education and of honorable service 
and position. The society of the town furnished to Iredell a 
social circle of cultured and refined hospitality into which he 
at once entered. It is with Iredell's preparation for, and 
work as, a lawyer, statesman and judge that we are specially 
concerned, which precludes an entrance into the interesting 
and charming story of his personal and social life further 
than it illustrates his public career. 

Very soon after his arrival he began the study of law 
with Samuel Johnston. ''Every moment of leisure was de- 
voted to his legal studies and to such intercourse with in- 
telligent gentlemen and cultivated ladies as was calculated 
to refine and improve. He was a diligent student; he copied 
Mr. Johnston's arguments and pleas in important cases. He 
read carefully and attentively the text-books, referring to the 
authorities quoted, and collecting and digesting kindred pas- 
sages from all writers within his reach ; he attended the 
courts, returned to his chamber and wrote out arguments of 
his own, applicable to the cases he had stated." A few ex- 
tracts from his "Journal" give us a fair view of the young 
Comptroller, preparing himself for the career which, all un- 
thought of, awaited him. On August 22, 1770, he writes: 
"Indolence in any is shameful, but in a young man quite in- 
excusable. Let me consider for a moment whether it will be 
worth my while to attempt making a figure in life, or'whether 
I will be content with mediocrity of fame and circumstances. 



204: THE NORTH CAROLINA BOOKLET. 

* * * But nothing is to be acquired without industry ; 
and indolence is an effectual bar to improvement. * * * 
I have not done as much as I ought to have done; read a 
little in Lyttleton's Tenures and stopped in the middle of 
his Chapter on Kents ; whereas I ought to have gone through 
it. It would have been better than losing three or four games 
at billiards. IST. B. — If you do play billiards make it a rule 
not to lengthen." 

We learn from his journal that, while studying Lyttleton, 
he did not neglect polite literature. He says : "I have been 
reading a volume of the Spectator, which is ever new, ever 
instructive, ever interesting. I hope they will be trans- 
mitted, with honor, to the latest ages. * * * Strength 
of reason, elegance of style, delicacy of sentiment, fertility 
of imagination, poignancy of wit, politeness of manners, and 
the most amiable pattern of human life, appears through the 
whole, in so conspicuous a manner as at once to improve and 
delight. * * * Resumed my Spectator; read a great 
many entertaining and improving things, particularly Mr. 
Addison's Discourses on Fame, in the fourth volume, which 
are incomparably elegant and sublime. Surely the writings 
of such great, learned and good men are more than a counter- 
poise to the libertine writings of professed Deists, whose im- 
moral lives made them dread an encounter hereafter." He 
continues this train of reflection regarding the infidelity so 
prevalent at that time, concluding with words, which are of 
special interest, giving expression to a principle which con- 
trolled his private and public conduct throughout his life: 
"At a time when licentiousness is at an amazing and danger- 
ous height we shall be careful to guard against popular preju- 
dice, though we must not blindly oppose the public voice 
because it may appear too tumultuous. Let us do things im- 
partially and not oppose or condemn any conduct on the 
whole, on account of a few improper circumstances attend- 
ing it." 



JAMES lEEDELL. 205 

His journal shows that he was a diligent student of the 
''Tenures." On July 31, 1771, he writes his father, "I am 
too often troubling you, but I will hope for your excuse of 
this last request, as it will be of particular, perhaps neces- 
sary, service for me. It is that you will be so obliging as to 
procure Dr. Blackstone's Commentaries on the Laws of Eng- 
land and send them by the first opportunity. I have, indeed, 
read them by the favor of Mr. Johnston, who lent them to 
me, but it is proper that I should read them frequently and 
with great attention. They are books admirably suited for 
a young student, and, indeed, may interest the most learned. 
The law there is not merely considered as a profession but a 
science. The principles are deduced from their source and 
we are not only taught, in the clearest manner, the general 
rules of law, but the reasons upon which they are founded. 
* * * Pleasure and instruction go hand in hand, and we 
apply to a science, difficult, indeed, at best, with less reluc- 
tance, when by a well-directed application we may hope to 
understand it with method and satisfaction. I would take 
leave to add one more desire, that you would be pleased to 
send me the Tatlers and Guardians — the Spectators I have, 
and these, with the others, will aftord me agreeable desultory 
reading." 

Mr. Johnston was a faithful and competent instructor. 
"As a lawyer he was ever highly honored and esteemed ; his 
patience, his industry, his logic were signal. * * * As 
early as 1776 he was one of a committee to revise the statutes 
of the State." He was later one of the State Judges. Mr. 
Iredell received from Governor Tryon a license to practice 
law in all the Inferior Courts of the Province on December 
14, 1770. He was licensed by Governor Martin to practice 
in the Superior Courts November 26th, 1771, and duly 
qualified at the April Term, 1772. During the intervening 
year, "with healthy but vehement ambition," he prosecuted 



206 THE NOETH CAROLINA BOOKLET. 

his studies and regularly attended the courts. "Books he had 
not, save a volume or two stuffed into his saddle-bag with a 
scanty supply of apparel. * * * Iredell early fixed his 
eyes upon the glittering heights of his profession, and so 
self-assured was he of his capacity and industry that he never 
faltered in his purpose — he was resolute to win; and with 
such men to resolve is to compel success. If unemployed in 
the courthouse, he peopled his chambers with judge, jury and 
spectators ; he argaied his cases before his imaginary court 
and reported liis own arguments." McRee gives an illus- 
tration of his habit of writing out arguments in cases tried 
in the courts, although not employed in them. It is interest- 
ing, both because of the careful and orderly statement of 
the facts and the logical arrangements of argument which 
marked his opinions when called into judicial service. The 
journal shows that, while preparing for his Superior Court 
license, Iredell was diligent in the study of Blackstone's Com- 
mentaries. The work had been published but a few years 
before and was widely read in America. Burke, in his 
speech on "^Conciliation," stated that the booksellers informed 
him that as large a number of copies had been sold in America 
as in England. Iredell writes in his journal, "'Came home 
and read an hour or two in Blackstone." "Employed myself 
all the rest of the evening reading Blackstone." "I imme- 
diately came home and finished the second volume of Black- 
stone." 

The journal, during this year, leaves the reader in doubt 
whether he was most assiduous in his devotions to Miss Han- 
nah Johnston or the great commentator. That he woeed 
both successfully is evidenced by the fact that on January 
18, 1773, he was united in marriage to this estimable lady, 
who "supplemented what he needed. * * * gj^e was 
his constant monitor, adviser, banker and trusted friend. 
* * * Their lives, united in one stream, flowed onward 



JAMES IREDELL. 207 

softly and gently," She was the sister of Governor Samuel 
Johnston. Their correspondence, when separated by his 
riding the circuit in the practice of his profession and, 
later, in the discharge of his high official duties, is both in- 
teresting and instructive. Iredell's grandfather was a clergy- 
man of the Church of England. His early religious training 
and his associations impressed their influence upon his mind 
and character. He was given to religious contemplation and 
often wrote "reflections" upon religious subjects quite re- 
markable for so young a man. Within a year after coming 
to Edenton he writes his Sunday "thoughts," concluding: "I 
am not ashamed to think seriously of religion, and hope no 
example will induce me to treat it with indifference. Youth 
is as much concerned to practice and revere it as any in the 
more advanced stages of life, and I have drawn up the fore- 
going plain, but useful, remarks as thinking it the best way 
of employing my time when I have had no opportunity of 
attending public worship." Writing his brother, he says : 
"Let me desire you to let no flashes of wit, or impertinent 
raillery of religion, shock your principles or stagger your 
belief. Men of this cast laugh at religion, either because 
they know nothing of it or care nothing for it. Men of shal- 
low understandings or bad hearts are those who generally 
rank themselves in the list of free thinkers." 

The controversies between the Royal Governors and the 
people in ISTorth Carolina began at an early day. They con- 
tinued to grow in number and intensity. "Though a King's 
officer, Iredell soon became imbued with the views of the 
American leaders; felt that his future was identified -with 
their future, and determined to participate in their defeat 
or success, to share in their disgrace or glory. He soon 
formed intimacies with the leading men of the Province, 
men whose thoughts were to irradiate subsequent darkness, 
and whose voices were destined to cheer and sustain the peo- 



208 THE NORTH CAEOLIiSrA BOOKLET. 

pie in the hour of disaster. Ere long he began with them an 
active correspondence, and his part was so well supported 
that a learned gentleman and most competent judge writes-. 
'He was the letter writer of the war. He had no equal 
amongst his contemporaries.' " 

As early as September, 1773, he published his first politi- 
cal essay, saying, among other things : "I have always been 
taught, and till I am better informed must continue to be- 
lieve, that the Constitution of this country is founded on the 
Provincial Charter, which may well be considered the 
original contract between the King and the inliabitants." 
''In 1774 the Revolution was fairly inaugurated in I^orth 
Carolina. Nowhere were the points in dispute between the 
colonies and Great Britain more clearly stated or more ably 
argued. The people were generally agreed. * * * j^ 
is true that none meditated independence as an object of 
desire ; but it was foreseen as a possible consequence. The 
contest, that was soon to be developed into flagrant war, was 
eminently, in jSTorth Carolina, based u^Don jDrinciple. The 
Whig leaders, ready with the pen and the columns of the 
newspapers and the pamphlets, discussed the tax on tea and 
the vindictive measures that followed the prompt opposition 
of Boston, with a degi'ee of learning and logic that was not 
surpassed by any of their contemporaries in other provinces. 
* * * There was no array of class against class. The 
foremost in talent were foremost in all measures ; they had 
the confidence of the people. The followers of such men as 
Harvey, Johnston, Ashe, Harnett, Hooper, and Caswell could 
not be otherwise than well informed. * * * In the quiet 
retreat of his study, with naught to stimulate but the prompt- 
ings of his own honest heart and, perchance, the smile of his 
noble wife, with patient toil Iredell forged and polished the 
weapons of debate; if others fixed his mark he recked not 
who claimed the honor of the cast." 



JAMES IREDELL. 209 

Mr. Iredell, at this time, began a correspondence with 
William Hooper, in which thej discussed the questions en- 
gaging the attention of thoughtful men. On April 26, 1774, 
Hooper writes him : "Every man who thinks with candor 
is indebted to you for the share you have taken in this in- 
teresting controversy. * * * You have discussed dry 
truths with the most pleasing language, and have not parted 
with the most refined delicacy of manners in the warmth of 
the contest. " '" * I am happy, dear sir, that my con- 
duct in public life has met your approbation. It is a suf- 
frage from a man who has wisdom to distingiiish and too 
much virtue to flatter. * "' ^ Whilst I was active in 
contest you forged the weapons which were to give success 
to the cause which I supported. * * * With you I 
anticipate the important share which the colonies must soon 
have in regulating the political balance. They are striding 
fast to independence, and ere long will build an empire upon 
the ruin of Great Britain ; will adopt its Constitution, purged 
of its impurities, and, from an experience of its defects, will 
guard against those evils which have wasted its vigor and 
brought it to an untimely end." 

The first Provincial Congress ''called by the people them- 
selves" — defying the threats of the Royal Governor — met in 
N^ew Bern August 25, 1774. Iredell's friends, Johnston, 
Hewes, Thomas Jones, and Hooper, were conspicuous mem- 
bers. John Harvey was "Moderator." The first of Iredell's 
political efforts, which have been preserved, was addressed 
to "The Inhabitants of Great Britain." The address is set 
out in full in McRee's "Life and Correspondence," and con- 
tains an able and exhaustive statement and defense of the 
cause of the Americans. He gives the history of their coming 
and settling the province, the provisions of their charters and 
the violations of them by the King and his Parliament. 

Iredell soon thereafter settled his accounts and closed his 



210 THE NORTH CAEOLIISrA BOOKLET. 

career as Collector, to which position he had been promoted. 
After the 4th of July, 1776, he became deeply interested in 
the proposed form of government to be adopted by the new 
State. He had attended the courts, when open, and had 
given diligent attention to the practice of his profession. 
After the adoption of the Constitution (November, 1776) 
and the inaugiiration of a State Government a judicial sys- 
tem was established — '^Iredell drawing the first Court Law." 
At the session of the Assembly, jSTovember, 1777, the State 
was laid off into three judicial districts ; Samuel Ashe, 
Samuel Spencer, and James Iredell were appointed judges. 
His appointment was brought about by William Hooper, 
who writes December 23, 1777 : "Before this reaches you 
you will have received the information of being promoted 
to the first honors the State can bestow. * * * You will 
be at a loss to conjecture how I could have been accessory to 
this step after you had been so explicit to me on the subject. 
Be assured that I was not inattentive to your objections, nor 
did I fail to mention them and urge them with sincerity to 
every person who mentioned you for the office to which you 
are now designated. * * * j expostulated with them 
upon the impropriety of electing one who in all probability 
might decline, and leave one of the seats of justice vacant. 
* * * Their reasoning j)revailed and you have now the 
satisfaction of an unrestricted choice. The appointment has 
been imposed upon you, and therefore you are at perfect lib- 
erty to act or not." Archibald Maclaine wrote : "I can only 
say that if it would answer your purposes as fully as it would 
please your friends and the public, it would give me real 
satisfaction." When it is remembered that at this time Ire- 
dell was but twenty-seven years old ; that only ten years prior 
thereto he had come to the State a youth of seventeen, un- 
known, without wealth or other influences, his election, un- 
sought and against his inclination, to the highest judicial 



JAMES IREDELL. 211 

position in the State, it is manifest that by his personal con- 
duct and character, as well as his learning and ability, he 
had strongly and favorably impressed himself upon the peo- 
ple and their representative men. William Hooper was a 
lawyer of learning and experience, as were other members of 
the Assembly. Maclaine, also an eminent lawyer and mem- 
ber of the Assembly, thus expressed the opinion of his as- 
sociates : "However arduous the task you have undertaken, 
we have the most hopes from your judgment and integrity, 
and these hopes are strengthened by your diffidence. * * * 
The members of the Assembly, in appointing you, thought, 
with great reason, that they effectually served themselves and 
their constituents. As to myself, I confess I was actuated 
by duty to the public, having been taught that your promo- 
tion would more effectually serve them than you." Iredell 
accepted the judgeship at much personal sacrifice. The sal- 
ary was totally inadequate for the support of his family. 

Replying to a letter from Governor Burke calling upon 
him to hold Courts of Oyer and Terminer, he says : "In re- 
gard to the courts your Excellency proposed immediately to 
establish, I am always ready to attend them as my duty re- 
quires, but I take the liberty to represent to your Excellency 
that I fear that I shall not be able to defray the expenses they 
will involve me in unless I receive a sum of money from the 
public. * * * I am not ashamed of confessing my 
poverty, as it has not arisen from any dishonorable cause. My 
circumstances have suffered deeply, but if I can bear myself 
above water I am content to suffer still. * * * J shall 
not fail to do my utmost then and at all times in discharge 
of my duty."^ 

He rode one circuit, during which his letters to his wife 
give an interesting account of the country through which he 
traveled, the people with whom he was associated and the 

sState Records of N. C. XXII, 552. 



212 THE NOKTII CAROLINA BOOKLET. 

experiences of a judge "on circuit" at that early period in 
our history. He went as far west as Salisbury. At the Eden- 
ton term, June 6, 1778, the grand jury requested that he 
furnish his charge for publication, saying: "This charge 
vindicates the American States, in the establishment of inde- 
pendency, by argaiments drawn from undeniable rights and 
from real necessity, and grounded on incontestable facts. 
* * * It breathes a spirit of pure disinterested patriot- 
ism, and holds forth the most powerful incentive to persist 
in the opposition which America has so successfully begun. 
It points out persuasively the importance of a faithful ob- 
servation of the various political and relative duties of se- 
curity ujoon which the happiness of individuals and of the 
whole depends, and which will tend to give stability to our 
present Constitution." 

The language of the charge is spirited, the sentiment pa- 
triotic, with considerable warmth of expression towards the 
King and his ministers. A few extracts will give an idea 
of its general tone. Eeferring to the fact that no courts had 
been held for a long time, he says : "This court of justice 
opens at a most interesting period of the policy of this coun- 
try. We have been long deprived of such, from a variety 
of causes, in some of which we have shared with our brethren 
on the Continent ; others were peculiar to ourselves. The 
event, however, has been unhappy and distressing, and every 
wellwisher to his country must view Avith pleasure a scene 
of anarchy changed to that of law and order, and powers of 
government established capable of restraining dishonesty and 
vice. Such powers have been established under circumstances 
which should induce to them peculiar reverence and regard. 
They have not been the effect of usurpation ; they have not 
proceeded from a wanton desire of change; they have not 
been imposed upon you by the successful arms of a tyrant ; 
they have been peaceably established by the public at large. 



JAMES IREDELL. 213 

for the general happiness of the people, when they were 
reduced to the cruel necessity of renouncing a government 
which ceased to protect, and endeavored to enslave them, 
for one which enabled them, with a proper share of courage 
and virtue, to protect and defend themselves. * ^ * We 
desired only the privileges of a free people, such as our an- 
cestors had been and such as they expected we should be. 
We knew it was absurd to pretend we should be free when 
laws might, at pleasure, be imposed upon us by another peo- 
ple. * * * Our ancestors came here to enjoy the bless- 
ings of liberty. They purchased it at an immense price. 
Their greatest glory was that they had obtained it for them- 
selves and transmitted it to their posterity. God forbid that 
their posterity should be base or weak enough to resign it, 
or let it appear that the true British spirit, which has done 
such wonders in England, has been lost or weakened by 
being transplanted to America. * * * Yon will, I hope, 
excuse, gentlemen, the particular, perhaps too great particu- 
larity, with which I have gone into this subject. Yet I 
thought it my duty to point out to you some of the principles 
upon which the revolution in our government has taken place 
and which, in my opinion, prove not only the propriety of 
its being effected, but the indispensable obligation we are 
under to maintain and support it. * * * The struggles 
of a great people have almost always ended in the establish- 
ment of liberty. The enjoyment of it is an object worthy of 
the most vigilant application and the most j)ainful sacrifices. 
Is there anything we read with more pleasure than the suffer- 
ings and contentions of a brave people who resist oppression 
with firmness, are faithful to the interests of their country 
and disdain every advantage that is incompatible with them ? 
Such a people are spoken of with admiration by all 'future 
ages. * * * These are the glorious effects of patriot- 
ism and virtue. They are the rewards annexed to the faith- 



214 THE NOETH CAROLINA BOOKLET. 

ful discliarge of that great and honorable duty, fidelity to 
our country." 

Referring to the burdens laid upon the colonists and 
their right to resist them, he says : ''We knew of no right 
they could have to such a power. Our charters did not 
recognize it. It certainly was not in our ancestors' con- 
templation, who left that very country because freedom could 
not be enjoyed in it. Custom had given it no sanction. 

* * -x- j^ -^^g reconcilable to no principles of justice. 

* * * ^Ye despised the miserable application of a '^ew 
political maxims * * * which to this hour is the basis 
upon which all the fraud, iniquity, injustice, cruelty and op- 
pression that America has exj)erienced from Great Britain 
have been defended. * * * The divine right of kings 
was exploded with indignation in the last century. Men 
came at length to be persuaded that they were created for a 
nobler purpose than to be slaves of a single tyrant. They 
did not confine this idea to speculation ; they put to death 
one King and expelled another. This was done in England, 
the seat of our haughty enemies, who seem to think the right 
of resistance is confined alone to their kingdom." When it 
is remembered that this charge was delivered at a time when 
the American cause was far from hopeful, the courage ex- 
hibited was of no low order. Iredell, too, was a conserva- 
tive — but withal a man and a patriot. 

Soon thereafter he sent his resignation to the Governor, 
who accepted it with much reluctance, saying, ''as you can 
well conceive, well knowing your place can not be supplied 
by a gentleman of equal ability and inclination to serve the 
State." He continued the practice of the law until, on July 
8, 1779, he was tendered and accepted the position of At- 
torney General. Hooper writes, expressing pleasure that he 
has consented to accept, saying: "I have the happiness to 
assure you that the leading characters in this part of the 



JAMES IREDELL. 215 

country [Cape Fear] speak of you as a capital acquisition 
to our courts, and exult that there is a prospect of offenders 
being brought to due punishment without the passions of 
party or the prejudice of individuals swaying the prosecu- 
tion." Iredell traveled the circuit, attending the courts in 
the discharge of his duties and receiving a large share of civil 
business. His letters to Mrs. Iredell give an interesting and 
often amusing account of his experiences. From ISTew Bern 
he writes: ''Expenses are enormous. My last jaunt has 
cost me $600 on the road and the depreciation will certainly 
proceed most rapidly, for they are giving away the money 
at the printing office in so public and careless a manner as 
to make it quite contemptible." Again he writes: ''There 
has not been much business, but I have been applied to in 
almost everything. I have already received in civil suits 
1,240 pounds in paper besides nineteen silver dollars. I ex- 
pect to receive tomorrow 500 pounds and my salary for this 
and Edenton Court, which will be 1,000 pounds. * * * 
My fear is that, as usual, the money will be much depreci- 
ated before I lay it out. I shall carefully preserve the hard 
money to the last." From IsTew Bern, at the following term, 
he writes Mrs. Iredell that he has received 4,540 pounds 
"of this currency," 1,350 pounds of Continental, and $9 in 
hard money; that he will receive 1,500 pounds for his salary 
at these courts, "but my expenses here are monstrous — 160 
pounds a day for my board and lodging only." At Wil- 
mington he was employed in the first admiralty case tried in 
the State of which the record is extant. The Assembly at 
Halifax, 1Y81, voted the judges 20,000 pounds each and the 
Attorney General 10,000 pounds "for making up the depreci- 
ation of their allowance." Iredell resigned his office (1781), 
of which, writing to his brother. Rev. Arthur Iredell, July, 
1783, he says: "Since then I have been only a private law- 

2 



216 THE NOETH CAROLINA BOOKLET. 

jer, but with a show of business very near equal to any law- 
yers in the country." 

After the ratification of the Treaty of Peace and the with- 
drawal of troops from the State, the people began the work 
of restoring their fortunes and enacting laws suited to their 
new political situation. Differences, more or less funda- 
mental, which had manifested themselves during the war, 
became more marked — dividing the leaders and people into 
parties. Iredell was in agreement with the conservatives, 
Johnston, Hooper, Maclaine, Davie, Spaight, and others, in 
opposition to Willie Jones, Thomas Person, Samuel Spencer, 
and others. The former insisted that the State should carry 
out in good faith the terms of the treaty, and adopt such 
measures as were necessary for that purpose; enforce con- 
tracts and maintain a strong and stable government. While 
Iredell neither held nor sought any public position, he was 
"in touch," through correspondence and otherwise, with the 
leaders of the party known as Conservatives. He prosecuted 
the practice of his profession with industry and success, rank- 
ing easily with the leaders of the bar. The more radical 
sentiment in the State was disposed to magnify the power of 
the Legislature and oppose any restriction upon it by the en- 
forcement of Constitutional limitations, especially by the 
courts. In an address to the public, Iredell set forth his 
views regarding the enforcement of Constitutional limita- 
tions upon the Legislature. Referring to the Convention 
(ISTovember, 17Y6), which formed the Constitution, he says: 
"It was of course to be considered how to impose restrictions 
on the Legislature that might still leave it free to all useful 
purposes, but at the same time guard against the abuse of 
unlimited power, which was not to be trusted, without the 
most imminent danger, to any men or body of men on earth. 
We had not only been sickened and disgusted for years with 



JAMES IREDELL. 217 

the high and almost impious language from Great Britain, 
of the omnipotent power of the British Parliament, but had 
severely smarted under the effects. We felt, in all its rigor, 
the mischiefs of an absolute and unbounded authority, 
claimed by so weak a creature as man, and should have been 
guilty of the basest breach of trust as well as the grossest 
folly if in the same moment, when we spurned at the inso- 
lent despotism of Great Britain, we had established a despotic 
power among ourselves. * * * j }iave no doubt but that 
the power of the Assembly is limited and defined by the Con- 
stitution. It is a creature of the Constitution. * * * 
These are consequences that seem so natural, and indeed so 
irresistible, that I do not observe that they have been much 
contested. The great argument is, that although the As- 
sembly have not a right to violate the Constitution, yet if 
they in fact do so, the only remedy is either by a humble 
petition that the law may be repealed or a universal resist- 
ance of the people. But, in the meantime, their act, what- 
ever it is, is to be obeyed as a law; for the judicial power 
is not to presume to question the power of an act of As- 
sembly." He proceeds, with remarkable clearness and force, 
to set forth his opinion upon this question, expressing the 
view which has since been pursued by the courts, both State 
and Federal. He concludes: "These are a few observations 
that have occurred to me on this subject. They are given by 
a plain man, unambitious of power, but sincerely and warmly 
interested in the prosperity of his country ; feeling every re- 
spect for the Constitutional authority of the Legislature 
which, in his opinion, is great enough to satisfy an ambi- 
tious as well as support the efforts of a public-spirited mind, 
but a determined enemy on all occasions of arbitrary power 
in every shape whatever, and reverencing beyond expression 
that Constitution by which he holds all that is dear to him 
in life." It must be remembered that these views were ex- 



218 THE NOKTH CAROLINA BOOKLET. 

pressed before any court had held that it was within the 
jDOwer and therefore the duty of the judiciary to refuse to 
enforce statutes passed without Constitutional warrant. The 
question had been mooted, and in one case passed upon, prior 
to the date of Iredell's address (1786), but the opinion of the 
Court had not been published beyond the jurisdiction in which 
it was decided. Kichard Dobbs Spaight, while a member 
of the Convention at Philadelphia (August 12, 1877), in a 
letter to Iredell, refers to the action of the judges in holding 
an act depriving litigants of trial by jury {Bayard v. Single- 
ton, 1 Martin, 42) unconstitutional. He laments "that the 
Assembly have passed laws unjust in themselves and mili- 
tating in their principles against the Constitution in more 
instances than one." He says : "I do not pretend to vindi- 
cate the law, which has been the subject of controversy; it 
is immaterial what law they have declared void ; it is their 
usurpation of the authority to do it that I complain of, as 
I do most positively deny that they have any such power ; 
nor can they find anything in the Constitution, either directly 
or impliedly, that will support them or give them any color 
of right to exercise that authority. * * * It must be 
acknowledged that our Constitution unfortunately has not 
provided a sufficient check to prevent the intemperate and 
unjust proceedings of our Legislature, though such a check 
would be very beneficial, and I think absolutely necessary 
to our well being; the only one that I know of is the annual 
election which, by leaving out such members, will in some 
degree remedy, though it can not prevent, such evils as may 
arise." On August 26, 1787, Iredell answered Mr, Spaight's 
letter at length, saying: "In regard to the late decision at 
ISTew Bern, I confess that it has ever been my opinion that 
an act inconsistent with the Constitution was void, and that 
the judges, consistently with their duties, could not carry 
it into effect. The Constitution appears to me to be a funda- 



JAMES lEEDELL. 219 

mental law, limiting the powers of the Legislature, and with 
which every exercise of those powers must be compared." In 
regard to his apprehension that the power will be abused, 
Iredell says : ^'If you had seen, as I did, with what infinite 
reluctance the judges came to this decision, what pains they 
took by proposing expedients to obviate its necessity, you 
would have seen in a strong light how little probable it is a 
judge would ever give such a judgment when he thought he 
could possibly avoid it. But whatever may be the conse- 
quences, formed as our Constitution is, I can not help think- 
ing they are not at liberty to choose, but must in all ques- 
tionable instances decide upon it. It is a subject indeed of 
great magnitude, and I heartily lament the occasion for its 
discussion. In all doubtful cases, to be sure the act ought to 
be supported, it should be unconstitutional beyond dispute 
before it is pronounced such." 

The Convention at Philadelphia having submitted the new 
Federal Constitution to the Legislatures of the States, Iredell 
at once entered upon the task of securing its adoption by the 
people of North Carolina. In no State was the opposition 
more pronounced or determined. The popular leaders of the 
dominant party were active in their opposition, one of the 
most prominent of them declaring that "Washington was a 
d — n rascal and traitor to his country for putting his hand to 
such an infamous paper as the new Constitution." Another, 
said to have been the most popular leader in the State, 
seriously insisted in the Convention upon rejecting it with- 
out discussion, saying that he had made up his mind and was 
sure that others had done so. "Of all those who were most 
active in pressing upon the people the adoption of the Con- 
stitution Mr. Iredell was undoubtedly the most able and 
energetic." 

At the session of the Legislature November, 1787, Mr. 
Johnston was elected Governor and Mr. Iredell a member 



/ 



220 THE NOKTII CAKOLINA BOOKLET. 

of the Council ; he was also appointed a commissioner to re- 
vise and collect the Acts of the General Assembly, then in 
force. A convention of the people was called to meet at 
Hillsboro, composed of delegates from the several counties 
and the borough towns. Iredell was elected, unanimously, 
from Edenton. On January 8, 1788, he published a pam- 
phlet entitled "Answer to Mr. Mason's Objections to the jSTew 
Constitution Recommended by the late Convention at Phila- 
delphia," by "Marcus." He stated each of Mr. Mason's 
"objections" in their order, and in the same order answers 
them. It is not within the scope of this sketch to undertake 
a review of Mr. Iredell's "answer" to the celebrated paper 
of Mr. George Mason. The pamphlet made a favorable im- 
pression on the public mind and strongly influenced Iredell's 
future career. The correspondence between Iredell and Wil- 
liam Hooper, William R. Davie and Maclaine gives an inter- 
esting view of the condition of public sentiment in the State 
in regard to the new Constitution. Says one, writing of the 
leaders in the Convention: "The most prominent Federal- 
ists were Iredell, Davie, Governor Johnston, Spaight, Mac- 
lain [sic] and Steele. Foremost in their number and the 
leading spirit of the whole body was Judge Iredell, conspic- 
uous for his graceful elocution, for the apt application of his 
varied learning, his intimate knowledge of the schemes of 
government, and his manly and generous temper. 

"Davie, with spotless plume, towering in intellect, as in 
stature, above the majority of the members, stood like a 
knight of the olden time, lance in hand, the luster of his 
military services played about him and was reflected in flash- 
ing light from hauberk, morion and polished steel. 

"Governor Johnston, the President of the Convention, calm, 
lucid and convincing, seldom participated in the debate; 
when he did, his blows were always delivered with stunning 
effect. 



JAMES IREDELL. 225 

"Maclaine, sensible, pointed and vigorous, was the Hotspur 
of his party. 

"Steele was laborious, clear-sighted and serviceable by his 
knowledge of men. 

"Willie Jones, although democratic in theory, was aristo- 
cratic in habits, tastes, pursuits and prejudices; he lived 
sumptuously and wore fine linen ; he raced, hunted and 
played cards. A patriot in the Revolution, he was now the 
head of a great party. * * * He was a loving and 
cherished disciple of Jefferson, and was often taunted with 
his subserviency to Virginia 'abstractions.' He seldom 
shared in the discussions. 

"Judge Spencer, candid and temperate, was in debate far 
superior to his associates. 

"David Caldwell, a Presbyterian divine, was learned and 
intelligent. He had for years discharged the triple functions 
of preacher, physician and teacher. 

"McDowell, the rival of Davie in military renown, was a 
man of action rather than words. 

"Bloodworth, by no means the least among them, was one 
of the most remarkable men of the era, distinguished for 
the versatility of his talents and his practical knowledge of 
men, trades, arts, and sciences. The child of poverty, dili- 
gence and ambition had supplied the place of patronage and 
wealth; he was resolute almost to fierceness, and almost radi- 
cal in his democracy." 

William Hooper, General Allen Jones, William Blount, 
and Judge Ashe were defeated at the polls. 

The debates were conducted with ability and dignity, and 
at times with much asperity. While Davie, Spaight, Mac- 
laine and Johnston bore their share, Iredell was the acknowl- 
edged leader for adoption. The proceedings of the Conven- 
tion are published in Elliott's Debates. The opposition could 
not be overcome and, on the final vote, the Constitution was 



222 THE NOETI-I CAROLINA BOOKLET. 

rejected bj a vote of 184 to 84.^ While Iredell was defeated 
he made many friends and advanced his reputation in the 
State. One of the new western counties was given his name. 
The requisite number of States having ratified the Constitu- 
tion, the new government was organized April 30, 1789, 
North Carolina taking no part but remaining a free, sover- 
eign, independent State. 

It appears from the letters of the Honorable Pierce But- 
ler, Senator from South Carolina, written from ISTew York, 
August 11, 1789, that Iredells' reputation had extended be- 
yond the borders of the State. He says: "The Southern 
interest calls aloud for some such men as Mr. Iredell to rep- 
resent it- — to do it justice." Dr. Williamson writes, at the 
same time : "The I^orth Carolina Debates are considerably 
read in this State, especially by Congress members, some 
of whom, formerly had little knowledge of the citizens of 
ISTorth Carolina, have lately been very minute in their in- 
quiries concerning Mr. Iredell. By the way, I have lately 
been asked by a Senator whether I thought you would accept 
a judge's place under the new government if it required your 
moving out of the State, as we are not in the Union." A 
second Convention met at Fayetteville ITovember 2, 1789. 
Iredell w^as not a candidate for election as a delegate. W^ith 
but little debate the Constitution was ratified and amend- 
ments proposed. A bill was passed establishing a university, 
the names of Samuel Johnston and James Iredell being placed 
at the head of the list of trustees.* 

Maclaine writes Iredell December 9, 1789 : "What would 
you think of being the District Judge ?" He was soon called 
to a larger field and higher judicial service. On February 
10, 1790, without solicitation on his part, Mr. Iredell was 
nominated by President Washington, and unanimously con- 

sConvention of 1788— N. C. Booklet, Vol. IV. 

^Battle's History of the University of North Carolina, 821. 



JAMES IREDELL. 223 

firmed bj the Senate, one of the Associate Justices of the 
Supreme Court of the United States. He was just thirty- 
nine years old. The President enclosed his commission with 
the following letter: "One of the seats on the bench of the 
Supreme Court of the United States having become vacant 
by the resignation of the gentleman appointed to fill the 
same, I have thought fit, by and with the advice and consent 
of the Senate, to appoint you to that office, and have now 
the pleasure to enclose you a commission to be one of the 
Associate Judges of the Supreme Court of the United States. 
You have, sir, undoubtedly considered the high importance 
of a judicial system in every civil government. It may 
therefore be unnecessary for me to say anything that would 
impress you with this idea in respect to ours. * * * J 
must, however, observe that, viewing as I do the Judicial 
System of the United States as one of the main pillars on 
which our E^ational Government must rest, it has been my 
great object to introduce into the high offices of that depart- 
ment such characters as, from my own knowledge or the best 
information, I conceived would give dignity and stability to 
the government * * * at the same time that they added 
luster to our national character." It is said that "Washing- 
ton derived his conviction of Iredell's merits from a perusal 
of the Debates in the North Carolina Convention and the 
famous reply to George Mason's objections." ^ Butler wrote 
Iredell February 10th: "I should have been happy to have 
had you in Congress. The Union will no longer be deprived 
of your aid and the benefit of your abilities. * * * I 
congratulate the States on the appointment and you on this 
mark of their well-merited opinion of you." Acknowledging 
the letter from the President, Iredell writes : "In accepting 
this dignified trust I do it with all the diffidence becoming 
the humble abilities I possess ; but, at the same time, with 

^Carson's History of the Supreme Court, 155. 



224 THE NOKTH CAROLINA BOOKLET. 

the most earnest resolution to endeavor hj unremitting ap- 
plication a faithful discharge of all of its duties, in the best 
manner in mj power." Judge Iredell was assigned to the 
Southern Circuit and entered upon the work immediately. 
He reached Charleston May 23, 1790, and there met Mr. 
Eutledge before whom he took the oath of office. He writes 
Mrs. Iredell : "I have received the greatest and kindest 
civilities from Mr. Eutledge, at whose house I have the 
pleasure of staying." He proceeded to Savannah. There 
was but little business in the new Court other than organiz- 
ing the Circuit Courts and putting the new judicial system 
in working order. Supposing that the judges would "rotate" 
in the Circuit Court work, he removed his family to New 
York. The Court having, to his surprise, adopted the rule 
which confined judges to one circuit — Iredell's being the 
Southern — he found himself very much embarrassed. The 
long distance to be traveled (1,900 miles) twice each year 
was a severe tax upon his health and strength. He justly 
complained of the arrangement to the Chief Justice, who 
conceded that "your share of the task has hitherto been more 
than in due proportion." Although the judges refused to 
make a more equitable rule, by exchanges, they sometimes 
rode different circuits. Justice Iredell took his seat with the 
Chief Justice and his associates at the August Term, 1790. 
ISTo business was transacted, the Court adjourning sine die. 
Iredell again rode the Southern Circuit, but it does not ap- 
pear that there was much business to engage his attention. 

William Hooper, to whom Iredell was strongly attached, 
and for whose character and talents he had the highest re- 
gard, died October 14, 1790. Writing a letter of condolence 
to Mrs. Hooper, Iredell said: "An attachment founded on 
the most perfect esteem and upon a gratitude excited by 
repeated and most flattering obligations, ought not, and, in 
me, I trust is not capable of being weakened by any change 
of place, time or circumstance." 



JAMES IREDELL. 221 

A suit was instituted at this time in the State Court against 
Iredell and his co-executor upon a bond given bj their tes- 
tator to a British subject. His co-executor pleaded the ''Con- 
fiscation Act," in which Iredell refused to join. Bj direc- 
tion of Justices Wilson, Blair and Rutledge a writ of certi- 
orari was issued to the State Court, which the judges refused 
to obey. As an indication of the jealousy of the new gov- 
ernment in the State, the General Assembly adopted a reso- 
lution declaring that "The General Assembly do commend 
and approve of the conduct of the judges of the Courts of 
Law and Courts of Equity in this particular."® At the same 
session the House of Commons, by a vote of twenty-five to 
fifty-five, refused to adopt a resolution requiring the Gov- 
ernor and other State officials to take an oath "to support the 
Constitution of the United States." 

On the Southern Circuit at Savannah (1791) a question 
arose, stated by Judge Iredell, as follows: "There were 
depending some suits for the recovery of debts, to which pleas 
were put in by the defendants, not denying the existence of 
the debts, but showing (as they conceived) a right in the 
State of Georgia to recover them under certain Acts of As- 
sembly of the State passed prior to the Treaty of Peace. The 
Attorney and Solicitor General of the State were directed to 
interfere in the defense, but the counsel for the defendants 
refused to permit them. The Attorney and Solicitor Gen- 
eral, being dissatisfied with the pleas, applied to the Court 
for leave to interfere in behalf of the State." Judge Iredell 
was of the opinion that the State could appear only in the 
Supreme Court, and for this reason denied the motion. He 
suggested that the State had a remedy by an appeal to the 
Equity jurisdiction of the Supreme Court. Deeply impressed 
with the gravity as well as the novelty of the question he 
writes: "I have been thus particular in stating this inter- 

"State Records, XXI, 441, 865, 1080, 1082. 



226 THE NOETH CAROLINA BOOKLET. 

esting subject, because it appears to me of the highest mo- 
ment, although I believe it would be difficult to devise an un- 
exceptionable remedy. But the discussion of questions 
wherein are involved the most sacred and awful principles 
of public justice, under a system without precedent in the 
history of mankind, necessarily must occasion many embar- 
rassments which can be more readily suggested than re- 
moved." Out of these suits arose the celebrated case of 
Georgia v. Brailsford, 2 Dallas, 402 ; 3 Dallas, 1. 

At the April Term, 1792, of the Circuit Court at Sa- 
vannah Judge Iredell delivered a charge to the grand jury 
which so impressed the members that they unanimously re- 
quested its publication. A number of his "charges" in other 
circuits were published at the request of the grand juries. 
At the June Term, 1792, at the Circuit Court at Raleigh, 
IT. C, Judge Iredell, with District Judge Sitgreaves, was 
confronted with a delicate question. Congi^ess had enacted 
a statute directing that the invalid pension claims of widows 
and orphans should be exhibited to the Circuit Courts ; that 
those to whom the Court granted certificates should be placed 
on the Pension list, subject to the review of the Secretary of 
War. Conceiving that the duties thus imposed were not ju- 
dicial in their character, and therefore not authorized by the 
Constitution, which carefully separated the powers and duties 
of each department of the Government, Judge Iredell pre- 
pared a remonstrance, addressed to the President, in which 
he said : 

'^We beg leave to premise that it is as much our inclina- 
tion as it is our duty to receive with all possible respect every 
act of the Legislature, and that we never can find ourselves 
in a more painful situation than to be obliged to object to 
the execution of any, more especially to the execution of one 
founded on the purest principles of humanity and justice, 
which the actual question undoubtedly is. But however 



JAMES IREDELL. 227 

lamentable a difference really may be * * * we are 
under the indispensable necessity of acting according to the 
best dictates of our judgment." He set forth at length the 
reasoning by which he had been brought to the conclusion 
that he could not, with proper regard to the Constitutional 
distribution of powers, execute this statute, concluding: "The 
high respect we entertain for the Legislature, our feelings as 
men for persons whose situation requires the earliest as well 
as the most effectual relief, and our sincere desire to pro- 
mote, whether officially or otherwise, the just and benevolent 
views of Congress, so conspicuous on this as well as on many 
other occasions, have induced us to reflect whether we could 
be justified in acting under this act personally in the char- 
acter of commissioners during the session of a court ; and 
could we be satisfied that we had authority to do so we would 
cheerfully devote such part of our time as might be necessary 
for the performance of the service." The other Justices ad- 
dressed similar letters to the President. The question was 
brought before the Court by a motion made by Attorney Gen- 
eral Randolph, ex ojficio for a mandamus directed to the Cir- 
cuit Court for the District of Pennsylvania, commanding the 
Court to proceed to hear the petition of William Hayburn, 
etc. The Court being divided in opinion whether he could 
make the motion ex officio, he was permitted to do so on be- 
half of Hayburn. ISTo decision was made at the time and 
Congress soon thereafter "made other provisions for the re- 
lief of pensioners." Judge Iredell, until the act was re- 
pealed, heard a large number of petitions as commissioner. 
He writes Mrs. Iredell from Hartford, Connecticut, Sep- 
tember 30. 1792 : "We have a great deal of business to do 
here, particularly, as I have reconciled myself to the pro- 
priety of doing the invalid business out of court." In^United 
States V. Ferreria, 13 Howard, 51, Chief Justice Taney says 
of the action of the Court: "The repeal of the act clearly 



228 THE NORTH CAROLINA BOOKLET. 

shows that the President and Congress acquiesced in the cor- 
rectness of the decision, that it was not a judicial power." 
Following the refusal to permit Georgia to intervene in 
the Brailsford case, in the Circuit Court, the State filed a 
bill in equity in the Supreme Court, alleging that the title 
to the bond, upon which the action in the Circuit Court was 
brought, was, by virtue of an act passed during the war, 
confiscating and sequestrating the property and debts of 
British subjects in the State. The Court was asked to enjoin 
the plaintiffs from proceeding, etc. Each of the Judges wrote 
opinions. Iredell observed that he had sat in the Circuit 
Court and refused the motion of the State to intervene. He 
said that the Court could not, with propriety, sustain the 
application of Georgia because whenever a State is a party 
the Supreme Court has exclusive jurisdiction of the suit. 
The State, therefore, did not have a complete and adequate 
remedy at law. ''Every principle of law, justice and honor, 
however, seem to require that the claim of the State of Georgia 
should not be indirectly decided or defeated by a judgment 
pronounced between parties over whom she had no control, 
and upon a trial in which she was not allowed to be heard." 
He was of the opinion that an injunction should be awarded 
to stay the money in the hands of the Marshal until the 
Court made further orders, etc. The Court was divided in 
opinion, the majority holding that an injunction should issue 
until the hearing. At the February Term, 1793, a motion 
was made by Randolph to dissolve the injunction. Iredell 
was of the opinion that the motion should be denied. He 
held that, for several reasons, the State could not sue on the 
bond at law, asking: "How is she to obtain possession of 
the instrument without the aid of a Court of Equity ?" point- 
ing out the practical difficulties which she would encounter 
in securing the bond. To the suggestions that the State could 
bring an action of assumpsit for money had and received 



JAMES IKEDELL. 229 

against Brailsford, which he termed "the legal panacea of 
modern times," he conclusively answers that while the action 
"may be beneficially applied to a gTeat variety of cases, it 
can not be pretended that this form of action will lie before 
the defendant has actually received the money," and this 
Brailsford has not done. He suggests that the injunction 
be continued, and an issue be tried at the bar to ascertain 
whether the State of Georgia or Brailsford was the true 
owner. Although a majority of the Judges were of the opin- 
ion that the State had an adequate remedy at law, the course 
suggested by Iredell was substantially pursued. At the Feb- 
ruary Term, 1794, an amicable issue was submitted to a 
special jury. The argument continued for four days, when 
the Chief Justice instructed the jury : "The facts compre- 
hended in the case are agreed ; the only point that remains is 
to settle what is the law of the land arising upon those facts ; 
and on that point it is proper that the opinion of the Court 
should be given.'' He says that the opinion of the Court is 
unanimous, that the debt was subjected, not to confiscation, 
but only to sequestration, and that therefore the right of the 
creditor to recover it was revived at the coming of peace, 
both by the law of nations and the Treaty of Peace. It is 
not very clear what question of fact was submitted to the de- 
cision of the jury. He further instructed the jury that 
while it was the "good old rule" that the Court should decide 
questions of law and the jury questions of fact, the jury have 
a right, nevertheless, to take upon themselves to judge of 
both and to determine the law as well as the facts. The 
learned Chief Justice suggests that the Court "has no doubt 
that you will pay that respect which is due to the opinion 
of the Court; for, as on the one hand, it is presumed that 
juries are the best judges of facts, it is, on the other .hand, 
presumable that the courts are the best judges of law. But 
still both objects are lawfully within your power of decision." 



230 THE NORTH CAROLINA BOOKLET. 

JSTotwithstanding the facts were agreed upon and the Court 
was unanimous in opinion in regard to the law, the jury, 
"after being absent some time," returned to the bar and pro- 
posed certain questions of law, which being answered, "with- 
out going away from the bar," they returned a verdict for the 
defendant. The case has the distinction of being the only 
one in which a jury was empaneled in the Supreme Court. 
Flanders says : "The charge of the Chief Justice to the 
jury is curious, from the opinions he expressed as to the ex- 
tent of their powers. His statement of the law on that point 
is clearly erroneous."^ Mr. James Scott Brown says : "The 
'judgTnent was clearly right, but the statement of the Chief 
Justice that the jury was judge of the law, as well as the 
facts, is open to serious doubt. "^ 

In Chisholm v. Georgia, 2 Dallas, 419, standing alone, Ire- 
dell enunciated and, with a wealth of learning and "arsenal 
of argument," maintained the position that a State could not 
be "haled into court" by a citizen of another State. The 
question arose in an action of assumpsit instituted in the 
Supreme Court against the State of Georgia, process being 
served upon the Governor and the Attorney General. The 
State refused to enter an appearance, but filed a remonstrance 
and protest against the jurisdiction. The Attorney General, 
Randolph, representing the plaintiff, lodged a motion that 
unless the State entered an appearance and showed cause to 
the contrary, by a day named, judgment by default and in- 
quiry be entered, etc. This motion was argued by Randolph, 
the State not being represented. Each of the justices filed 
opinions. Iredell first analyzed the provisions of the Consti- 
tution conferring jurisdiction upon the Court in controversies 
wherein a State was a party. He quotes the language of the 
Judiciary Act distributing the jurisdiction in such cases. 

'Lives of the Chief Justices, 393. 
8Great American Lawyers, Vol. I, 285. 



JAMES IREDELL. 231 

He dwells somewhat on the meaning which should be given 
to the word "controversies" in the Constitntion, with the sug- 
gestion that the use of this word indicated a purpose to so 
restrict the causes in which jurisdiction was conferred as to 
exclude actions at law for the recovery of money. He pro- 
ceeds to consider the question whether it is necessary for 
Congress to prescribe a method of procedure in controversies 
wherein the State is a party. He argues that while the ju- 
dicial department of the government is established by the 
Constitution, the Congress must legislate in respect to the 
number of the Judges, the organization of the Supreme and 
such inferior courts as may be established, etc. He quotes 
the fourteenth section of the Judiciary Act, in which power 
is conferred upon the courts to issue writs of scire facias, 
habeas corpus^ and all other writs not specially provided for 
by statute, which may be necessary for the exercise of their 
respective jurisdictions and "agreeable to the principles and 
usages of law," noting the fact that "neither in the State 
now in question, nor in any other in the Union, any particu- 
lar legislation authorizing a compulsory suit for the recovery 
of money against a State was in being, either when the Con- 
stitution was adopted or at the time when the Judicial Act 
was passed," and concludes that only principles of the com- 
mon law, a law which is the ground work of the laws in every 
State in the Union and which, so far as it is applicable to 
the peculiar circumstances of the country, and when no 
special act of legislation controls it, is in force in such State, 
as it existed in England at the time of the first settlement of 
this country ; that no other part of the common law of Eng- 
land can have any reference to the subject but that which 
prescribes remedies against the Crown. Thus he is brought 
to the decision of the real question in the case. It is mani- 
fest that if, until Congress has prescribed some mode of pro- 
cedure by which, in controversies wherein the State is a 
3 



232 THE NOKTII CAROLINA BOOKLET. 

partj, the Court must proceed by a mode "agreeable to the 
principles and usages of law," and, to find such principles 
and usages, resort must be had to the common law, the ques- 
tion necessarily arises whether the States of the Union, when 
sued, are to be proceeded against in the same manner as, by 
the common law, is prescribed for proceeding against the 
Sovereign. It is just at this point that the line of thought 
between Iredell and Wilson divides. The former says : 
"Every State in the Union, in every instance where its sov- 
ereigTity has not been delegated to the United States, I con- 
sider to be as completely sovereign as the United States in 
respect to the powers surrenderd ; each State in the Union 
is sovereign as to all the powers reserved. It must neces- 
sarily be so, because the United States have no claim to any 
authority but such as the States have surrendered to them ; 
of course the powers not surrendered must remain as they 
did before. * * * So far as the States, under the Con- 
stitution, can be made legally liable to this authority, so far, 
to be sure, they are subordinate to the authority of the United 
States, and their individual sovereignty is, in this respect, 
limited. But it is limited no further than the necessary exe- 
cution of such authority requires." It will be observed that 
Iredell is not, at this point in the argument, discussing the 
question whether it is within the power of CongTess to pre- 
scribe a mode of procedure for bringing a State into the Fed- 
eral Court to answer for a money demand by a citizen of 
another State. The argument is that, until it has done so, 
the only method of proceeding against a State is that pre- 
scribed by the common law for proceeding against the Sover- 
eigii. It therefore becomes necessary to follow the argument 
and establish the proposition that prior to the formation and 
ratification of the Constitution each State was a sovereign, 
and that in ratifying the Constitution it did not part, in re- 
spect to the mode of proceeding against it in a controversy in 



JAMES IKEDELL. 233 

tlie Federal Courts, with its sovereignty. He proceeds to give 
an exhaustive and interesting history of the method of pro- 
cedure for the recovery of money at the common law against 
the King. The history of the law in England in this re- 
spect, although very interesting, has no permanent interest 
to the student of American Constitutional law. He thus con- 
cludes this branch of the discussion: ^'I have now, I think, 
established the following propositions : First, that the Court's 
action, so far as it affects the judicial authority, can only be 
carried into effect by acts of the Legislature, appointing 
courts and prescribing their method of procedure ; second, 
that Congress has provided no new law, but expressly re- 
ferred us to the old ; third, that there are no principles of 
the old law to which we must have recourse that, in any 
measure, authorizes the present suit, either by precedent or 
analogy." 

This conclusion was sufficient, from Iredell's point of 
view, to dispose of the case before the Court, but Judge Wil- 
son, who wrote the principal opinion for the majority, threw 
down the gauntlet and challenged the basic proposition upon 
which Iredell's argument was founded. Here we find the line 
of cleavage between the two schools of thought upon the 
fundamental conception of the relations which the States 
bore to the Federal Government. Iredell was a Federalist, 
Wilson a l^ationalist. Wilson opened his opinion with these 
words : "This is a case of uncommon magnitude. One of 
the parties to it is a State, certainly respectable, claiming to 
be sovereign. The question to be determined is whether this 
State, so respectable and whose claim soars so high, is amen- 
able to the jurisdiction of the Supreme Court of the United 
States ? This question, important in itself, will depend on 
others, more important still ; may, and perhaps will be, ulti- 
mately resolved into one no less radical than this — do the 
people of the United States form a nation ?" Iredell was 



234 THE NORTH CAKOLINA BOOKLET. 

not a man to conceal his opinions when either propriety or 
duty demanded their expression. Meeting his associate upon 
the "main question/' "So far as this great question affects 
the Constitution itself, if the present afforded, consistently 
with the particular grounds of my opinion, a proper occasion 
for a decision upon it, I should not shrink from its discus- 
sion. But it is of extreme moment that no Judge should 
rashly commit himself upon important questions, which it is 
unnecessary for him to decide. My opinion being tb£l even 
if the Constitution would admit of the exercise of such a 
power, a new law is necessary for the purpose, since no part 
of the existing law applies, this alone is sufficient to justify 
my determination in the present case. So much, however, 
has been said on the Constitution that it may not be im- 
proper to intimate that my present opinion is strongly against 
any construction of it which will admit, under any circum- 
stances, a compulsive suit against the State for the recovery 
of money. I think every word in the Constitution may have 
its full effect without involving this consequence, and noth- 
ing but express words or an insurmountable implication 
(neither of which I consider can be found in this case) 
would authorize the deduction of so high a power. * * * 
A State does not owe its origin to the government of the 
United States, in the highest or any of its branches. It was 
in existence before it. It derives its authority from the same 
pure and sacred source as itself, the salutary and deliberate 
choice of the people." He thus lays down a canon of Con- 
stitutional construction : "If, upon a fair construction of the 
Constitution of the United States, the power contended for 
really exists, it undoubtedly may be exercised, though it is a 
power of first impression. If it does not exist upon that au- 
thority, ten thousand examples of similar powers would not 
warrant its assumption." That Iredell was in harmony with 
Hamilton is manifest from the following language used by 



JAMES IREDELL. 235 

hiiL lu the Federalist: ''It is inherent in the nature of sov- 
ereignty not to be amenable to the suit of an individual with- 
out its consent. This is the general sense and the general 
practice of mankind, and the exemption, as one of the at- 
tributes of sovereignty, is now enjoyed by the government 
of every State in the Union. Unless, therefore, there is a 
surrender of this immunity in the plan of the Convention, 
it will remain with the States, and the danger intimated 
must be merely ideal. * •«• * There is no color to pre- 
tend that the State governments would, by the adoption of 
that plan, be divested of the privilege of paying their own 
debts in their own way, free from every restraint but that 
which flows from the obligation of good faith.'"' So Madi- 
son declared in the Virginia Convention. ''It is not within 
the power of individuals to call a State into court."^^ Mar- 
shall, meeting the same objection to the Constitution, said: 
"I hope that no gentleman will think that a State will be 
called to the bar of the Federal Court. * * * It is not 
natural to suppose that the sovereign power should be dragged 
before a court." 

Mr. Carson, writing of the opinion of the Court in Chis- 
holm's case, says : "From these views Iredell alone dis- 
sented in an able opinion, of which it has been said that it 
enunciated, either directly or by implication, all the leading 
principles which have since become known as State Rights' 
Doctrine and which as a legal argument was far superior in 
clearness of reasoning to Wilson or Jay. He confined him- 
self strictly to the question before the Court, whether an 
action of assumpsit would lie against a State. "^^ 

In his "Lives of the Chief Justices" Van Santvord says: 
"These views [of the majority] were not concurred in by 
Judge Iredell, who delivered a dissenting opinion. , That 



eNo. 81 (J. C. Hamilton, Ed. 602). 
lOElliott's Debates, 2d Ed., 533. 
"Hist. Sup. Court, 174. 



236 THE NORTH CAROLINA BOOKLET. 

able jurist considered the question also in a Constitutional 
point of view, and as a question of strict construction. With 
great force of reasoning, and admirable precision and clear- 
ness of illustration, be analyzed the argument of the Attorney 
General, and arrived at exactly the opposite conclusion. His 
opinion was that no part of the existing law applied to this 
case ; and even if the Constitution would admit of the exer- 
cise of such a power, a new law was necessary to carry the 
power into effect, and that assumpsit at the suit of a citizen 
would not lie against a State. One can scarcely arise from 
a careful perusal of this able opinion without being sensibly 
impressed with the force of the reasoning of the learned 
Judge, and the accuracy of his deductions. Lucid, logical, 
compact, comprehensive, it certainly compares very favor- 
ably with that of the Chief Justice in every respect, and as a 
mere legal argument must be admitted to be far superior.^" 
* * * As a constitutional lawyer Judge Iredell had no 
superior upon the bench. His judicial opinions are marked 
by great vigor of thought, clearness of argiiment, and force 
of expression. He did not always concur with the majority 
of his brethren in their constitutional constructions, and on 
such occasion rarely failed to sustain his positions by the 
strictest legal as well as logical deductions. In the interest- 
ing case of Ware v. Hylton, 3 Dallas, 199, his dissenting 
opinion exhibits uncommon research, learning, and ability. 
As a legal argument it may be regarded as one of the best 
specimens that have been preserved of the old Supreme 
Court."^' 

"The rough substance of my argument in the suit against 
the State of Georgia," bearing date "February 18, 1793," as 
penned by the author, is before me. The writing is neat, the 
"headings" carefully arranged, a few erasures — interline- 



»2Pag:e 60. 
13/6., p. 61. 



JAMES IREDELL. _ 237 

ations — showing care and caution in the form of expression. 
The argument covers twenty-three pages; the paper is well 
preserved and the writing distinct. Of this opinion Mr. 
Justice Bradley, in Hans v. Louisiana, 134 U. S., 14 (1889), 
said : ''The highest authority of this country was in accord 
rather with the minority than with the majority of the Court. 
* * * And this fact lends additional interest to the able 
opinion of Mr. Justice Iredell on that occasion. The other 
justices were more swayed by a close observance of the letter 
of the Constitution, without regard to former experience and 
usages ; and because the letter said that the judicial power , 
shall extend to controversies between a State and citizens of 
another State, etc., they felt constrained to see in this lan- 
guage a power to enable the individual citizen of one State, 
or of a foreign State, to sue another State of the Union in the 
Federal Courts. Justice Iredell, on the contrary, contended 
that it was not the intention to create new and unheard of 
remedies by subjecting sovereign States to action at the suit 
of individuals (which he showed conclusively was never done 
before), but only by proper legislation to invest the Federal 
Courts with jurisdiction to hear and determine controversies 
and cases between the parties designated that were properly 
susceptible to litigation in courts. Adhering to the mere let- 
ter, it might be so ; and so in fact the Supreme Court held 
in Chisholm v. Georgia; but looking at the subject as Hamil- 
ton and Mr. Justice Iredell did, in the light of history and 
experience, and the established order of things, the views of 
the latter were clearly right, as the people of the United 
States subsequently decided. * * * In ^aew of the man- 
ner in which that decision was received by the country, the 
adoption of the Eleventh Amendment, the light of history 
and the reason of the thing, we think we are at liberty to 
prefer Justice Iredell's views in this regard." This language 
was approved by Fuller, C. J. ; Miller, Field, Gray, Blatch- 



238 THE NOKTPI CAROLINA BOOKLET. 

ford, and Lamar, Associate Harlan, J., alone dissenting. It 
is not within the purpose or scope of this sketch to enter into 
a discussion of the merits of the great question involved in 
this battle of the giants or of the manner in which they sus- 
tained their conclusions. It is, however, a part of the his- 
tory of the controversy and of the times, that two days after 
the opinion was filed sustaining the jurisdiction, by a majority 
of the Court, the Eleventh Amendment was introduced into 
Congress. "It was proposed by Mr. Sedgwick, a Repre- 
sentative from Massachusetts, but was passed in the Senate 
as amended by Mr. Gallatin.'"* Mr. Guthrie says that Mr. 
Caleb Strong was its author. The words are : "The judicial 
power of the United States shall not be construed to extend 
to any suit, in law or equity, commenced or proceeded against 
one of the United States hj citizens of another State or by 
citizens or subjects of foreigTi States." It is significant that 
the langTiage of the Amendment is declaratory of what, in 
the opinion of Congress, was the correct construction of the 
Constitution. It was essentially a reversal of the decision 
of the Court and writing into the Constitution the dissenting 
opinion of Justice Iredell. This is evidenced by the fact 
that notwithstanding that, in accordance with the decision 
in Chisholm's case, judgment was rendered for the plaintiff 
at February Term, 1794, and a writ of inquiry awarded, the 
Court, at February Term, 1798, in H oiling sivorth v. Vir- 
ginia, 3 Dallas, 378, upon being informed that the Eleventh 
Amendment had been adopted, "delivered an unanimous 
opinion that there could not be exercised any jurisdiction in 
any ease, past or future, in which a State was sued by the 
citizens of another State, or by citizens or subjects of any 
foreign State." Mr. William D. Guthrie says : "The un- 
usual and peculiar wording of the Amendment first attracts 
attention. Instead of d'^claring how the Constitution shall 



"Watson's Const., 1535. 



JAMES lEEDELL. 239 

read in the future it declares how it shall 'not be construed.' 

* * * The Amendment, therefore, does not purport to 
amend or alter the Constitution, but to maintain it unchanged 
while controlling its scope and effect and thereby authorita- 
tively declaring how it shall not be construed. "^^ Mr. Jus- 
tice Bradley says: ''The Supreme Court had construed the 
judicial power as extending to such a suit, and the decision 
was overruled. The Court so understood the effect of the 
amendment."^*' 

With that remarkable prevision which marks him as one 
of, if not the first, prophetic statesman which the world has 
produced, Hamilton points out the danger and difficulty 
which lurked in the construction given to the Constitution 
by the majority in Chisholm's case. He says : "To what 
purpose would it be to authorize suits against States for the 
debts they owed ? How could recoveries be enforced ? It is 
e\ddent that it could not be done without waging war against 
the contracting State ; and to ascribe to the Federal Courts, 
by mere implication and in destruction of a preexisting right 
of the State Governments a power which would involve such 
a consequence, would be altogether forced and unwarrant- 
able." This language becomes of present interest in the light 
of the concluding words of the opinion of Mr. Justice Holmes 
in Virginia v. West Virginia. "As this is no ordinary com- 
mercial suit but, as we have said, a quasi-international dift'er- 
ence referred to this Court in reliance upon the honor and 
constitutional obligation of the States concerned rather than 
ordinary remedies, we think it best, at this stage, to go no 
further but to await the effect of a conference between the 
parties which, whatever the outcome, must take place. 

* * * But this case is one that calls for forbearance 
upon both sides ; great States have a temper superior to that 



is"The Eleventh Amendment." — Columbia Law Review, March, 1908. 
i^Hans V. Louisiana, 134 U. S. 11. 



240 TIIE NOKTII CAROLINA BOOKLET. 

of private litigants and it is to be hoped that enough has 
been decided for patriotism, the fraternity of the Union and 
mutual consideration to bring it to an end."^^ Certainly 
the history of attempts to enforce money demands against 
States, through Federal Courts, thoroughly vindicates the 
wisdom of Iredell's view and the apprehension expressed in 
his concluding words : ''This opinion I hold, however, with 
all the reserve proper for one which, according to my senti- 
ments in the case, may be deemed, in some measure, extra- 
judicial. With regard to the policy of maintaining such 
suits, is not for this Court to consider, unless the point in 
all other respects was very doubtful. Policy then might be 
argued from with a view to preponderate the judgment. 
Upon the question before us I have no doubt. I have, there- 
fore, nothing to do with the policy, but I confess, if I was 
at liberty to speak on that subject, my opinion on the policy 
of the case would also differ from that of the Attorney Gen- 
eral. It is, however, a delicate topic. I pray to God that if 
the Attorney General's doctrine as to the law be established 
by the judgment of this Court, all the good he predicts of it 
may take place and none of the evils with which, I have the 
concern to say, it appears to me to be pregnant." In South 
DaJvota V. North Carolina/^ the question, as there presented, 
was discussed and decided against the contention of the State 
by a divided Court of five to four. The present Chief Justice 
wrote a strong and well sustained dissenting opinion, con- 
curred in by Chief Justice Fuller, Justices McKenna and 
Day. The decree there was, however, confined to a statu- 
tory mortgage upon specific property. The question whether 
judgment for a deficiency would be entered was expressly 
reserved. The case was settled by compromise. 

The Court has refused to take jurisdiction in a number of 

iTVirginia v. West Virginia, 220 U. S., 35. 
"192 U. S., 286. 



• JAMES IREDELL. 245 

eases where the attempt was made to avoid the provisions of 
the Amendment/^ 

In Penhalloiu v. Doane/^ Judge Iredell wrote an inter- 
esting opinion in which he discussed the relation which each 
of the original colonies bore to each other prior to the forma- 
tion of the Confederation and the power conferred on the 
Confederation to establish Courts of Admiralty, and the effect 
of the judgments of such courts in prize cases. It is not prac- 
ticable to make extracts from this opinion, but the following 
is of especial and permanent interest : "By a State forming 
a republic I do not mean the Legislature of the State, the 
executive of the State, or the judiciary, but all the citizens 
which compose that State and are, if I may so express my- 
self, integral parts of it. * * * In a republic all the 
citizens, as such, are equal, and no citizen can rightfully ex- 
ercise any authority over another, but in virtue of a power 
constitutionally given by the whole community which forms 
such body politic." 

In Talbot v. Jansen-,''^ an interesting question was pre- 
sented in regard to the right of expatriation and how it was 
accomplished. Iredell wrote an opinion in which he discussed 
the law of nations, etc. Upon the right of expatriation and 
the limitations upon its exercise the opinion is interesting 
and enlightening. 

In the case of Hylton v. The United States," involving 
the question whether a tax on carriages was a direct tax, 
Iredell wrote a carefully guarded opinion concurring with 
the other Justices that the tax in question was not a direct 
tax within the meaning of the Constitution. He says : "There 
is no necessity or propriety in determining what is, or is not, 
a direct or indirect tax, in all cases. Some difficulties may 
arise which we do not at present foresee." His caution has 



"Hans V. Louisiana, supra. Christian v. A. & N. C. R. R. Co., 123 U. S., 233; Murray 
V. Distilline Co., 213 U. S., 151. 
203 Dallas, 54. 
*i3 Dallas 133. 
223 Dallas, 171. 



242 THE NOKTII CAROLINA BOOKLET. 

been justified by the history of the attempt to settle this 
much vexed question. Alexander Hamilton appeared for the 
Government. Iredell writes to Mrs. Iredell : "The day be- 
fore yesterday Mr. Hamilton spoke in our court, attended 
by the most crowded audience I ever saw there, both Houses 
of Congress being almost deserted on the occasion. Though 
he was in very ill health he spoke with astonishing ability 
and in a most jjleasing manner, and was listened to with the 
profoundest attention. His speech lasted three hours. 
* * * In one part of it he affected me extremely. Hav- 
ing occasion to observe how proper a subject it was for tax- 
ation, since it was a mere article of luxury which a man 
might either use or not as it was convenient to him, he added : 
'It so happens that I once had a carriage myself and found 
it convenient to dispense with it.' " 

At the Spring Term, 1793, of the Circuit Court at Rich- 
mond, before Jay, Iredell, and District Judge Griffin, the 
celebrated case of Ware v. Hylton was heard. During the 
war the Legislature of Virginia passed an act confiscating 
the debts of British subjects and directing the payment of 
such debts to the loan office of the State. The defendant, 
who was indebted to the plaintiff, a British subject, had, in 
obedience to the statute, made a partial payment thereon. 
Suit was brought on the bond. The defendants were repre- 
sented by Patrick Henry, Marshall, Inis and Campbell. Ire- 
dell writes to Mrs. Iredell from Richmond, May 27th: "We 
began on the great British cases the second day of the court, 
and are now in the midst of them. The great Patrick Henry 
is to speak today. I never was more agreeably disappointed 
than in my acquaintance with him. I have been much in 
his company and his manners are very pleasing, and his 
mind, I am persuaded, highly liberal. It is a strong addi- 
tional reason I have, added to many others, to hold in high 
detestation violent party prejudice." 



JAMES IREDELL. 243 

The discussion was oue of the most brilliant exhibitions 
ever witnessed at the bar of Virginia. Mr. Henry spoke for 
three consecutive days. The case was argued upon appeal 
at the February Term, 1796, of the Supreme Court,"^ Ire- 
dell wrote an opinion concurring with the majority of the 
Court that the Treaty of Peace enabled the creditor to sue 
for the debt, but was of the opinion (dissenting) that the re- 
covery should be confined to the amount that had not been 
paid into the loan office. He said: "In delivering my opin- 
ion in this important case I feel myself deeply affected by 
the awful position in which I stand. The uncommon magni- 
tude of the subject, its novelty, the high expectation it has 
excited, and the consequences with which a decision may be 
attended, have all impressed me with their fullest force." 
Referring to the argiiment, he said: "The cause has been 
spoken to, at the bar, with a degree of ability equal to any 
occasion. However painfully I may at any time reflect on 
the inadequacy of my own talents I shall, as long as I live, 
remember, with pleasure and respect, the arguments which 
I have heard in this case. They have discovered an in- 
genuity, a depth of investigation and a power of reasoning 
fully equal to anything I have ever witnessed, and some of 
them have been adorned with a splendor of eloquence sur- 
passing what I have ever felt before. Fatigue has given 
way under its influence and the heart has been warmed 
while the understanding has been instructed." The opinion 
is exhaustive in learning. A competent judge has written 
that "as a legal argument it may be regarded as one of the 
best specimens that have been preserved of the old Supreme 
Court."'* 

Chief Justice Jay having resigned, and the Senate having 
refused to confirm the nomination of Judge Eutledge^ there 

233 Dallas, 199. 

^^Van Santvoord, Lives of the Chief Justices. 



244 THE NOKTH CAROLINA BOOKLET. 

was much speculation as to who would be appointed. Gov- 
ernor Johnston wrote Iredell : ^'I am sorrj that Mr. Gush- 
ing refused the ofSce of Ghief Justice, as I don't know 
whether a less exceptionable character can be obtained with- 
out passing over Mr. Wilson, which would perhaps be a 
measure that could not be easily reconciled to strict neu- 
trality." Iredell writes Mrs. Iredell a few days after : "Mr. 
Ellsworth is nominated our Ghief Justice, in consequence 
of which I think that Wilson will resign. * * * The 
kind expectation of my friends that I might be appointed 
Ghief Justice were too flattering. Whatever other chance 
I might have had there could have been no propriety in 
passing by Judge Wilson to come at me." 

Iredell rode the Middle Gircuit during the spring of 1796. 
His charge at Philadelphia was published at the request of 
the grand jury. At the August Term, 1798, in the case of 
Colder v. Bull, ^^ Iredell set forth very clearly his view re- 
specting the power of the judiciary to declare invalid acts 
of the Legislature passed in violation of constitutional limi- 
tations. He says : "In a government composed of legisla- 
tive, executive and judicial departments, established by a 
Gonstitution which imposed no limits on the legislative power, 
the consequence would inevitably be that whatever the Legis- 
lature chose to enact would be lawfully enacted, and the 
judicial power could never interpose to pronounce it void. 
It is true that some speculative jurists have held that a legis- 
lative act against natural justice must, in itself, be void; 
but I can not think that under such a government any court 
of justice would possess the power to declare it so. * * * 
It has been the policy of all the American States, which 
have individually framed their State Gonstitutions since 
the Revolution, and of the people of the United States, when 
they framed the Federal Gonstitution, to define with ^re- 

2f'3 Dallas, 386. 



JAMES lEEDELL. 241 

cision the objects of the legislative power and to restrain its 
exercise within marked and settled boundaries. If any act 
of Congress, or of the Legislature of a State, violates those 
Constitutional provisions, it is unquestionably void ; though 
I admit that as the authority to declare it void is of a deli- 
cate and awful nature, the Court will never resort to that 
authority but in a clear and urgent case. If, on the other 
hand, the Legislatures of the Union shall j^ass a law within 
the general scope of their Constitutional power, the Court 
can not pronounce it to be void merely because it is, in their 
judgment, contrary to the principles of natural justice. The 
ideas of natural justice are regulated by no fixed standard ; 
the ablest and the purest men have differed on the subject, 
and all that the Court could properly say in such an event 
would be that the Legislature had passed an act which, in 
the opinion of the Judges, was inconsistent with the princi- 
ples of natural justice." It is doubtful whether this princi- 
ple, peculiar to American Constitutional law, with its limi- 
tations, has been more accurately stated. 

Judge Iredell rode the Eastern Circuit with Judge Wil- 
son. He was much pleased with the people of ISTew Eng- 
land, receiving many courtesies from them. He writes from 
Boston that he soon found himself "engaged for every day 
in the week — sometimes different invitations on the same 
day. Judge Lowell has been particularly kind to me." His 
charge to the grand jury at Boston was published by request 
and referred to by the editor of the paper as "uniting elo- 
quence with exhaustive knowledge and liberality." From 
Boston he writes: "I have constantly received distinction 
and courtesy here, and like Boston more and more. * * * 
It is scarcely possible to meet with a gentleman who is not 
a man of education. Such are the advantages of schools 
of public authority; every township is obliged to maintain 
one or more to which poor children can have access without 



246 THE NORTH CAROLINA BOOKLET. 

any pay." He writes from Exeter, iSTew Hampshire : "I 
met in Boston with a gentleman who lives in Newbury Port 
of the name of Parsons, who appears to me to be the first 
lawyer I have met with in America, and is a remarkably 
agreeable man." This was Theophilus Parsons, later Chief 
Justice of Massachusetts. He writes that he had dined with 
the Committee and Corporation of Harvard College, ''being 
seated next to the Lieutenant Governor, the famous Samuel 
Adams, who, though an old man, has a great deal of fire 
yet. He is polite and agreeable." 

On May 27, 1797, Judge Iredell delivered a charge to the 
grand jury in Richmond, Virginia, which was "animated, 
perhaps too warm." At that time the grand jury frequently 
made presentment of matters which they regarded as worthy 
of public attention, although not the subject of criminal 
prosecution. They presented "as a real evil the circular 
letters of several members of the last Congress, and par- 
ticularly letters with the signature of Samuel J. Cabell, 
endeavoring, at a time of real public danger, to disseminate 
unfounded calumnies against the happy Government of the 
United States, thereby to separate the people therefrom and 
to increase or produce a foreign influence ruinous to the 
peace, happiness and independence of these United States." 
Mr. Cabell made an angry retort, attacking the jury, judge 
and the Supreme Court. He proposed to bring the matter 
before Congress as a breach of privilege. Mr. Jefferson 
urged Mr. Monroe to call it to the attention of the Legisla- 
ture. Just what they proposed to do with the jury or the 
judge does not very clearly appear. Judge Iredell published 
a card in which he said that the charge was prepared before 
he reached Richmond and had been delivered in Pennsyl- 
vania and Maryland ; that he was not acquainted with Mr. 
Cabell and knew nothing of the letters referred to by the 
grand jury. He concludes : "With regard to the illiberal 



JAMES IREDELL. 247 

epithets Mr. Cabell has bestowed not only upon me, but on 
the other Judges of the Supreme Court, I leave him in full 
possession of all the credit he can derive from the use of 
them. I defy him, or any other man, to show that, in the 
exercise of my judicial character, I have ever been influenced 
in the slightest degree by any man, either in or out of oflice, 
and I assure him that I shall be as little influenced by this 
new mode of attack by a member of Congress as I can be 
by any other." The political feeling in the country, and 
especially in Virginia, was at that time very bitter. Gov- 
ernor Johnston, Judge Iredell's brother-in-law, and always 
his wise friend, writing him in regard to this incident, said : 
''The answer was very proper, if proper to give it any answer 
at all." He further said that which every Judge knows from 
experience to be true : "I am sensible of the difficulties with 
which a man of warm feelings and conscious integTity sub- 
mits to bear, without a reply, unmerited censure ; yet I am 
not certain but that it is more suitable to the dignity of one 
placed in high and respectable departments of State to con- 
sider himself bound to answer only when called upon con- 
stitutionally before a proper tribunal." 

Iredell rode the Southern Circuit during the spring of 
1Y98, suffering much fatigue and discomfort. Judge Wil- 
son, having suffered financial reverses, sought the hospitality 
of Governor Johnston and Judge Iredell, and found in them 
sympathetic friends. His health failed rapidly, resulting 
in his death August 21, 1798. He was buried at Hayes, the 
home of Governor Johnston. His remains were removed to 
Philadelphia a short time since. At the February Term, 
1799, of the Supreme Court, Iredell sat for the last time. 
He filed "one of his best and most carefully written opin- 
ions" concurring with the conclusion reached by the >other 
Judges in Sims v. Irvine.'^ He held the Circuit Court at 



293 Dallas, 425. 

4 



248 THE NORTH OAEOLINA BOOKLET. 

Philadelphia, at which term several of the insurgents were 
on trial for treason. In his last charge to the grand jury 
he dwelt at much length on the law of treason and the Alien 
and Sedition laws. It is manifest that Iredell, as were 
many others, was deeply impressed with the belief that 
French philosophy and infidelity, coupled with the revolu- 
tionary proceedings in that country, were making an impres- 
sion upon the people of this country, finding defenders among 
leaders of public sentiment, seriously threatening the peace 
of the country and the dissolution of the Union. He was a 
Federalist and joined with the members of that party in 
their reverence for Washington. He disliked and distrusted 
the French leaders and their principles. His charge was 
filled with warning against the influence of principles and 
conduct which, in his opinion, were involving the American 
people in the French Revolution, and the disturbed relations 
of that country with England. His concluding words in 
his last charge to a grand jury are interesting and illustrative 
of the condition of his mind. He says : "If you suffer this 
government to be destroyed what chance have you for any 
other ? A scene of the most dreadful confusion must ensue. 
Anarchy will ride triumphant, and all lovers of order, de- 
cency, truth and justice be trampled under foot. May that 
God, whose peculiar province seems often to have interposed 
to save these United States from destruction, preserve us 
from this worst of all evils, and may the inhabitants of this 
happy country deserve His care and protection by a conduct 
best calculated to obtain them." The grand jury, requesting 
the publication of the charge, say: "At a time like the 
present, when false philosophy and wicked principles are 
spreading with rapidity under the imposing garb of liberty 
over the fairest country of the old world, we are convinced 
that the publication of a charge fraught with such clear and 
just observations on the nature and operation of the Con- 



JAMES IKEDELL. 249 

stitution and laws of the United States will be highly bene- 
ficial to the citizens thereof." As an illustration of the con- 
dition of public sentiment, Governor Johnston writes Ire- 
dell who, having concluded the trials in Philadelphia had 
come to Richmond, "I am glad that you have got away from 
the land of treason to the land of sedition; the change is 
something for the better." Chief Justice Ellsworth, riding 
the Southern Circuit, writes Iredell from Raleigh, N. C, 
June 10, 1799 : "My opinion, collected from some gentle- 
men who have been lately traveling in that State (Virginia), 
and others who were at the Petersburg races, presents a 
melancholy picture of that country. These gentlemen re- 
turned w^ith a firm conviction that the leaders there were de- 
termined upon the overthrow of the general government. 
* * * That the submission and assistance of North Caro- 
lina was counted on as a matter of course." The Chief Jus- 
tice, however, adds: "As it was shortly after the election 
these may have been the momentary effusions of disappointed 
ambition." 

Thirty years of constant and wearing work, coupled with 
the climate in which he lived and the long journeys on the 
Southern Circuit, which he rode four times in five years, had 
impaired Judge Iredell's health. He was unable to attend 
the August Term, 1799, of the Court. His illness increased 
until, on October 20, 1799, at his home in Edenton, he passed 
away, in the forty-ninth year of his age. His friend, the 
Rt. Rev. Charles Pettigrew, testified of him : "In the run 
of the above twenty years I have often heard high encomiums 
on the merits of this great and good man ; but never in a 
single instance have I heard his character traduced or his 
integrity called in question." 

His biographer, from whose excellent work I have largely 
drawn in the preparation of this sketch, says that with' Judge 
Iredell's papers is an original "Treatise on Evidence," "an 



250 THE NORTH CAROLINA BOOKLET. 

* * * Essay on tlie Law of Pleading," and one on the 
"Doctrine of the Laws of England concerning Real Prop- 
erty so far as it is in use or force in the State of North Caro- 
lina" ; the two last unfinished. 

When it is remembered that he came to America at seven- 
teen years of age, with neither wealth nor family influence ;' 
that his opportunities and sources of study were limited by 
the condition of the country ; that for seven of the thirty 
years of his life here the country was engaged in war, we 
can, in some degTee, appreciate the immense labor which he 
performed and the results which he accomplished. His life 
is a tribute to the teaching and example of his parents, the 
influence of those Avith whom he was brought into association 
in his adopted home, his industry, talents, patriotism, and 
lofty principles of honor and integrity. 

Judge Iredell left one son, bearing his name, who became 
a lawyer of learning and distinction. Judge of the Superior 
Court, Governor, and United States Senator. He was, for 
many years, Reporter of the Supreme Court of the State 
and author of an excellent work on "The Law of Executors." 
He died during the year of 1853. His descendants are among 
the most honorable, useful and patriotic citizens of the State. 

It has been the purpose of this sketch to set forth, in the 
space which could be allotted, a short survey of the judicial 
work of Judge Iredell. His early death cut short a career 
on the bench full of promise of enlarging scope and useful- 
ness. That he would have continued to develop his high 
judicial qualities and, if permitted, shared with the "Great 
Chief Justice" the work of laying deep and strong the founda- 
tions of American Constitutional law can not be doubted. 
His opinions upon Constitutional questions evince a very 
high order of judicial statesmanship. 



DAVID CALDWELL. 251 



DAVID CALDWELL— TEACHER, PREACHER, 
PATRIOT 



By CHARLES LEE SMITH. 



'No other North Carolinian of the Revolutionary period de- 
serves more lasting fame than that consecrated preacher, 
learned teacher, and devoted patriot, the Reverend David 
Caldwell, D.D. He had his full share of the troubles of the 
times, as it was the delight of both the Tories and the British 
to persecute him. After driving him from his home, thej 
destroyed with great wantonness his library and the valuable 
papers which he had prepared. An effort was made to seduce 
him with British gold, but neither money nor persecution 
could shake his loyalty to the cause he had espoused. His 
is one of the most illustrious names in the educational his- 
tory of our State, and it has been said, ''Dr. Caldwell, as a 
teacher, was probably more useful to the church (Presby- 
terian) than any other one man in the United States." He 
was an able preacher. Through his influence the Reverend 
John Anderson, D.D., the Reverend Samuel E. McCorkle, 
D.D., and many others who became distinguished, were 
brought into the ministry of his church. 

David Caldwell, the son of a sturdy Scotch-Irish farmer, 
was born in Lancaster County, Pa., March 22, 1725. In 
early youth, after receiving the rudiments of an English edu- 
cation, he was apprenticed to a carpenter, and until his 
twenty-sixth year he worked at the bench. He then decided 
to enter the ministry, and his first steps were to obtain a- 
classical education. For some time he studied in Eastern 
Pennsylvania at the school of the Reverend Robert Smith, 
the father of John B. Smith, so favorably known in Virginia 
as president of Hampden-Sidney College, and of the Reverend 
Samuel Stanhope Smith, D.D., at one time president of 



252 THE NOKTH CAKOLINA BOOKLET. 

Princeton College/ Before entering college lie taught school 
for one or more years. 

It is not certainly known what year he entered Princeton, 
though he was graduated in 1761. At the time he became a 
student the requirements for admission were as follows: 
"Candidates for admission into the lowest or Freshman class 
must be capable of composing grammatical Latin, translating 
Virgil, Cicero's Orations, and the four Evangelists in Greek ; 
and by a late order (made in Mr. Davies's administration) 
must understand the principal rules of vulgar arithmetic. 
Candidates for any of the other higher classes are not only 
previously examined, but recite a fortnight upon trial, in that 
particular class for which they offer themselves ; and are then 
fixed in that, or a lower, as they happen to be judged quali- 
fied. But, unless in very singular and extraordinary cases, 
none are received after the Junior year." ^ 

His assiduity as a student may be gathered from the fol- 
lowing incident related by Dr. Caruthers : "An elderly gen- 
tleman of good standing in one of his (Caldwell's) congre- 
gations stated to me a few weeks since that when he was a 
young man Dr. Caldwell was spending a night at his father's 
one summer about harvest, and while they were all sitting 
out in the open porch after supper, a remark was after some 
time made about the impropriety of sitting so long in the 
night air; when he (Dr. Caldwell) observed that, so far as 
his own experience had gone, there was nothing unwholesome 
in the night air ; for while he was in college he usually 
studied in it and slept in it during the warm weather, as it 
was his practice to study at a table by the window, with the 
sash raised, until a late hour, then cross his arms on the 
table, lay his head on them, and sleep in that position till 
morning. This was not very far behind the most inveterate 



iFoote's Sketches of North Carolina, p. 232. 

^Maclean's History of the College of New Jersey, vol. 1, p. 272. 



DAVID CALDWELL. 253 

students of the seventeenth century, whether in Europe or 
America, and a man who had strength of constitution to pur- 
sue such a course of application, though of moderate abilities, 
could hardly fail to become a scholar." ^ 

The scope of the instruction given at Princeton is set forth 
in a description of the college by President Finley, published 
in 1764; and as Dr. Caldwell was graduated in 1761, prob- 
ably the courses were then substantially the same as while 
he was a student. After taking his degi'ee in 1761 he taught 
for a year at Cape May. He then returned to Princeton, 
where he took a graduate course and at the same time served 
as tutor in languages ; so it is certain that he had the system 
of instruction as it was under Dr. Finley's administration. 
In his account of the courses and methods President Finley 
says : ''As to the branches of literature taught here, they are 
the same with those which are made parts of education in the 
European colleges, save only such as may be occasioned by the 
infancy of this institution. The students are divided into four 
distinct classes, which are called the Freshman, the Sopho- 
more, the Junior, and the Senior. In each of these they con- 
tinue one year, giving and receiving in their terms those 
tokens of respect and subjection which belong to their stand- 
ings, in order to preserve a due subordination. The Fresh- 
man year is spent in Latin and Greek languages, particu- 
larly in reading Horace, Cicero's Orations, the Greek Testa- 
ment, Lucian's Dialogues, and Xenophon's Cyropedia. In 
the Sophomore year they still prosecute the study of the lan- 
guages, particularly Homer, Longinus, etc., and enter upon 
the sciences, geography, rhetoric, logic and the mathematics. 
They continue their mathematical studies throughout the 
Junior year, and also pass through a course of natural and 
moral philosophy, metaphysics, chronology, etc. ; aid the 
greater number, especially such as are educating for the serv- 

'Caruthers's Caldwell, p. 20. 



254: THE NORTH CAKOLINA BOOKLET, 

ice of the church, are initiated into the Hebrew. * * * 
The Senior year is entirely employed in reviews and compo- 
sition. They now review the most improving parts of Latin 
and Greek classics, part of the Hebrew Bible, and all the 
arts and sciences. The weekly course of disputation is con- 
tinued, which was also carried on through the preceding year. 
They discuss two or three theses in a week, some in the syl- 
logistic and others in the forensic manner, alternately, the 
forensic being always performed in the English tongue." Be- 
sides the above there were public disputations on Sundays on 
theological questions, and once each month the Seniors de- 
livered original orations before a public audience. Mem- 
bers of the Senior and lower classes were also required from 
time to time to declaim.* Such was the course of instruction 
taken by Dr. Caldwell, and such in general was the educa- 
tional system which prevailed in the first institution for 
higher education established in ISTorth Carolina. 

At a meeting of the Presbytery held at Princeton in Sep- 
tember, 1762, David Caldwell was received as a candidate 
for the ministry. He was licensed to preach in 1763. In 
1764 he labored as a missionary in jSTorth Carolina, returning 
to New Jersey in 1765, being ordained to the full work of 
the ministry at the Presbytery held at Trenton in July of 
that year. He immediately returned to JSTorth Carolina, 
where he labored as a missionary, until on March 3, 1768, 
he was installed as a pastor of the Buffalo and the Alamance 
congregations. 

At that time there were but few Presbyterian ministers 
in North Carolina, and Dr. Caldwell was one of the very 
first to make this State his permanent home. His history 
is more identified with the moral and educational history of 
North Carolina than is that of any other one man of the 
eighteenth century. In 1766 he married the daughter of the 



■•Maclean's History of the College of New Jersey, vol. 1 , p. 266. 



DAVID CALDWELL. 255 

Reverend Alexander Craighead, and as the salary from his 
churches was not sufficient for the support of a family, it 
became necessary for him to supplement it by teaching school. 
At this time schools for primary education existed in various 
parts of the colony, but to him is due the honor of having 
established the first institution for the higher education that 
achieved more than local fame. The average attendance of 
students was from fifty to sixty, which was a large number 
for the time and circumstances of the country. The exer- 
cises of the school were not interrupted by the war till 1781, 
at that time nearly all his students having taken service in 
the American army. The school was reopened as soon as cir- 
cumstances permitted, ''though the number of students was 
small until peace, and with it incipient prosperity were re- 
stored to the country.'' For many years "his log cabin served 
North Carolina as an academy, a college, and a theological 
seminary." Such was his reputation as an instructor and dis- 
ciplinarian, that in his school were students from all the 
States south of the Potomac. It is claimed that he was in- 
strumental in bringing more men into the learned profes- 
sions than any other man of his day, certainly in the South- 
ern States. While many of his students continued their 
studies in Princeton and in the University of North Caro- 
lina, after the establishment of that institution, the larger 
number, and several of those who became the most distin- 
guished in after-life, never went anywhere else for instruc- 
tion, nor enjoyed other advantages for higher education than 
those afforded at his school. We are told that "Five of his 
scholars became governors of different States ; many more 
became members of Congress; and a much greater number 
became lawyers, judges, physicians, and ministers of the 
gospel." Dr. Caldwell continued his labors as a teacher till 
about 1822, when he was forced by the infirmities of age to 
retire from active work. 



256 THE NOKTH CAROLINA BOOKLET. 

Judge Archibald D. Murphey, in an address before the 
literary societies of the University of North Carolina in 
1827, referring to educational conditions before the opening 
of that institution in 1795, has this to say about the Caldwell 
School : ''The most prominent and useful of these schools^ 
was kept by Dr. David Caldwell, of Guilford County. He 
instituted it shortly after the close of the war, and continued 
it for more than thirty years. The usefulness of Dr. Cald- 
well to the literature of North Carolina will never be suffi- 
ciently appreciated, but the opportunities for instruction in 
his school were very limited. There was no library attached 
to it ; his students were supplied with a few of the Greek 
and Latin classics, Euclid's Elements of Mathematics, and 
Martin's Natural Philosophy. Moral philosophy was taught 
from a syllabus of lectures delivered by Dr. Witherspoon, in 
Princeton College. The students had no books on history 
or miscellaneous literature. There were indeed very few in 
the State, except in the libraries of lawyers who lived in the 
commercial towns. I well remember that after completing 
my course of studies under Dr. Caldwell I spent nearly two 
years without finding any books to read, except some old 
works on theological subjects. At length I accidentally met 
with Voltaire's History of Charles XII, of Sweden, an odd 
volume of Smollett's Roderick Random, and an abridgment 
of Don Quixote. These books gave me a taste for reading, 
which I had no opportunity of gratifying until I became a 
student in this University in the year 1796. Eew of Dr. 
Caldwell's students had better opportunities of getting books 
than myself ; and with these slender opportunities of instruc- 
tion it is not surj)rising that so few became eminent in the 
liberal professions. At this day (1827), when libraries are 
established in all our towns, when every professional man 

Tor Fketches of the schools, including Dr. Caldwell's, referred to by Judge Murphey, 
see the writer's History of Education in North Carolina (Washington, 1888). 



DAVID CALDWELL. 257 

and every respectable gentleman has a collection of books, it 
is difficult to conceive the inconveniences under which young 
men labored thirty or forty years ago." 

The Reverend Dr. Caruthers says : ''But the most impor- 
tant service he (Dr. Caldwell) rendered as a teacher was to 
the church or to the cause of religion, for nearly all the young 
men who came into the ministry of the Presbyterian Church 
for many years, not only in North Carolina but in the States 
south and west of it, were trained in his school, many of 
whom are still living (1842) ; and while some are super- 
annuated, others are still useful men, either as preachers or 
as teachers in different institutions of learning." ^ 

It is said that his mode of discipline was peculiar to him- 
self, and while it did not admit of imitation, yet it Avas so 
successful that it could not be surpassed. His students were 
bound to him with bonds of affection, and an approving word 
from their "Dominie" was eagerly sought for. If the course 
of instruction at his school was not very extended it was 
thorough, as is testified by those who were prepared by him 
for future usefulness. Governor John M. Morehead, one of 
North Carolina's most distinguished sons, who studied under 
Dr. Caldwell and was prepared by him for the Junior class 
half advanced in the University of North Carolina, gave him 
the highest praise as a teacher, though at the time he was 
under his instruction Dr. Caldwell was between eighty-five 
and ninety years old. 

Dr. Caldwell was a member of the State Convention of 
1776, which drew up the "Bill of Rights" and framed the 
Constitution. He was also a member of the convention to 
consider the Constitution of the United States in 1788, where 
he took a decided stand as an advocate of States' rights ; but, 
in the party conflicts preceding the second war with' Great 
Britain he was on the side of the Federalists. Such was the 



"Caruthers's Caldwell, p. 36. 



258 THE NOETII CAROLINA BOOKLET. 

esteem in which he was held by his State, and such his repu- 
tation for scholarship, that on the establishment of the Uni- 
versity of ISTorth Carolina the presidency was tendered him. 
On account of his years the honor was declined. In 1810 
that institution conferred on him the honorary degree of 
Doctor of Divinity. He died August 25, 1824, and the next 
day was buried in the graveyard of Buffalo Presbyterian 
Church, Guilford County. 



SAMUEL JOHNSTON. 259 



GOVERNOR SAMUEL JOHNSTON OF NORTH 
CAROLINA- 



By R. D. W. CONNOR, 
Secretary of the North Carolina Historical Cominission. 



On the east coast of Scotland, twelve miles from the con- 
fluence of the Firth of Tay with the German Ocean, lies the 
ancient town of Dundee, in population third, in commercial 
importance second among the cities of Scotland. The gen- 
eral appearance of Dundee, we are told, is picturesque and 
pleasing, and its surrounding scenery beautiful and inspiring. 
Thrift, intelligence, and independence are characteristics of 
its inhabitants. It is noted for its varied industrial enter- 
prises, and from time immemorial has been famous among the 
cities of Britain for its extensive linen manufactures. A long 
line of men eminent in war, in statecraft, in law, and in let- 
ters adorns its annals. Its history carries us back to the time 
of the Crusades. In the twelfth century it received a charter 
from the hand of William the Lion. Within its walls Wil- 
liam Wallace was educated, and there he struck his first blow 
against the domination of England. In the great Reforma- 
tion of the sixteenth century its inhabitants took such an 
active and leading part as to earn for their town the appella- 
tion of "the Scottish Geneva." During the civil wars of the 
following century they twice gave over their property to pil- 
lage and themselves to massacre rather than submit to the 
tyranny of the House of Stuart. But in every crisis the in- 
domitable spirit of Dundee rose superior to disaster and her 
people adhered to their convictions with a loyalty that never 
faltered and a faith that never failed.^ 



'An address delivered before the Grand Lodge of Masons, in the Masonic Temple, 
Raleifrh, January 10, 1912, upon the presentation to the State by the Grand Lodge of a 
marble bust of Governor Samuel Johnston, first Grand Master of Masons of North Carolina. 

^Encyclopedia Britannica, 9th ed., VII, 534-36. 



260 THE NORTH CAKOLINA BOOKLET. 

In this fine old city, among its true and loyal people, the 
ancestors of Samuel Johnston lived, and here, in 1733, he 
himself was born.^ The spirit of Dundee, its loyalty to prin- 
ciple, its unconquerable courage, and its inflexible adherence 
to duty, entered into his soul at his very birth, and developed 
and strengthened as he grew in years and in powers of body 
and mind. Throughout his life he displayed in public and 
in private affairs many of those qualities of mind and char- 
acter which have given the Scotch, though small in number, 
such a large place in the world's history. Says Mr. Henry 
Cabot Lodge, "six centuries of bitter struggle for life and in- 
dependence, waged continuously against nature and man, not 
only made the Scotch formidable in battle, renowned in every 
camp in Europe, but developed qualities of mind and charac- 
ter which became inseparable from the race. * * * 
Under the stress of all these centuries of trial they learned 
to be patient and persistent, with a fixity of purpose which 
never weakened, a tenacity which never slackened, and a de- 
termination which never wavered. The Scotch intellect, 
passing through the same severe ordeals, as it was quickened, 
tempered, and sharpened, so it acquired a certain relentless- 
ness in reasoning which it never lost. It emerged at last com- 
plete, vigorous, acute, and penetrating. With all these strong 
qualities of mind and character was joined an intensity of 
conviction which burned beneath the cool and calculating 
manner of which the stern and unmoved exterior gave no 
sign, like the fire of a furnace, rarely flaming, but giving 
forth a fierce and lasting heat." * Had the author of these 
fine lines had the character of Samuel Johnston in his mind's 



'McRee says December 15, 1733. — Life and Correspondence of James Iredell, I, 37. John- 
ston himself writing to his sister, Mrs. Iredell, January 24, 1794, says: "Yesterday 
finished mysixty-first birthday." — Ms. letter in C. E. Johnson Mss. Collections of the North 
Carolina Historical Commission. But Samuel Johnston, Sr., writing to Samuel Johnston, 
Jr., in a letter dated " Newbern, 17th, 1754," month omitted, says: "I give you joy of your 
being of age last Sunday." — Copy of letter in Collections of the N. C. Hist. Com. Original 
in the library at ''Hayes." 

^Address in the United States Senate, March 12, 1910, at the presentation to the United 
States by the State of South Carolina of a statue of John C. Calhoun. 



SAMUEL JOHNSTON. 261 

eye, as he did have that of another eminent Scotch-descended 
Carolinian, his description could not have been more accu- 
rate. 

In the great crises of our history in which he figured so 
largely, immediately preceding and immediately following 
the American Kevolution, Samuel Johnston, with keen pene- 
trating vision, saw more clearly than any of his colleagues 
the true nature of the problem confronting them. This prob- 
lem was, on the one hand, to preserve in America the funda- 
mental principles of English liberty against the encroach- 
ments of the British Parliament, and on the other, to secure 
the guarantees of law and order against the well-meant but 
ill-considered schemes of honest but ignorant reformers. For 
a full quarter of a century he pursued both of these ends, pa- 
tiently and persistently, "with a &xitj of purpose which never 
weakened, a tenacity which never slackened, and a determina- 
tion which never wavered." ISTeither the wrath of a royal 
governor, threatening withdrawal of royal favor and depriva- 
tion of office, nor the fierce and unjust denunciations of party 
leaders, menacing him with loss of popular support and de- 
feat at the polls, could swerve him one inch from the path of 
the public good as he understood it. Beneath his cool and 
calculating manner burned "an intensity of conviction" which 
gave him in the fullest degree that rarest of all virtues in men 
who serve the public — I mean courage, courage to fight the 
battles of the people, if need be, against the people themselves. 
Of course Johnston never questioned the right of the people 
to decide public affairs as they chose, but he frequently 
doubted the wisdom of their decisions; and when such a 
doubt arose in his mind he spoke his sentiments without fear 
or favor and no appeal or threat could move him. He was 
ready on all such occasions to maintain his positions with a 
"relentlessness in reasoning" that carried conviction, and out 
of defeat invariably wrung ultimate victory. More than 



262 THE NORTH CAROLINA BOOKLET. 

once in his public career the people, when confronted by his 
immovable will, in fits of party passion discarded his leader- 
ship for that of more compliant leaders ; but only in their 
calmer moments to turn to him again to point the way out 
of the mazes into which their folly had entangled them. 

A Scotchman by birth, Samuel Johnston was fortunate in 
his ancestral inheritance ; an American by adoption, he was 
equally fortunate in his rearing and education. In early in- 
fancy^ his lot was cast in jSTorth Carolina, the most demo- 
cratic of the American colonies, and whatever tendency this 
fact may have given him toward democratic ideals was later 
strengthened by a ISTew England education and by his legal 
studies." At the age of twenty-one he became a resident of 
Edenton, then a small village of four or five hundred inhabi- 
tants, but the industrial, political, and social center for a 
large and fertile section of the province. Its leading inhabi- 
tants were men and women of wealth, education, and culture. 
Their social intercourse was easy, simple, and cordial. Cards, 
billiards, backgammon, dancing, tea drinking, hunting, fish- 
ing, and other outdoor sports, were their chief amusements. 
They read with appreciative insight the best literature of the 
day, made themselves familiar with the philosophy of 



^In his third year. His parents, Samuel and Helen (Scrymoiu'e) Johnston came to 
North Carolina some time prior to May 25, 1735.— Colonial Records of North Carolina, 
IV, 9. They probably accompanied Samuel's brother, Gabriel, who become governor of 
the colony, November 2, 1734. McRee incorrectly gives the name of Governor Samuel 
Johnston's father as John. — Iredell, I, 36. Letters of his at ' ' Hayes" show that his name 
was Samuel. See also Grimes: Abstracts of North Carolina Wills, 187, 188; and Col. Rec. 
IV, 1080, 1110. He resided in Onslow county, but owned large tracts of land not only in 
Onslow, but also in Craven, Bladen, New Hanover, and Chowan. — Col. Rec, IV, 72, 219, 
222, 329, 594, 601, 628, 650, 800, 805, 1249. He was a justice of the peace in New Hanover, 
Bladen, Craven, and Onslow.— Col. Rec, IV, 218, 275, 346, 347, 814, 1239. He served also as 
collector of the customs at the port of Brunswack.- Col. Rec, IV, 395, 725, 998, 1287; and as 
road commissioner for Onslow county. State Records, XXIII, 221. His will, dated No- 
vember 13, ns*!, was probated in Janusry, 1757. — Abstracts, 188. His wife ha\dng died of 
child-birth in 1751 (leltertohis son), his family at the time of his dealh consisted of two sons, 
Samuel and John, and five daushters, Jane, Penelope, Isabelle, Ann, and Hannah. To 
his sons he devised 6,500 acres of land, and to his daughters land and slaves. — Abstracts, 
188. 

^Governor Josiah Martin, writing of Johnston, to Lord George Germain, May 17, 1777, 
says: "This Gentleman, my Lord, was educated in New England, where * * * it 
may be suoposed he received that bent to Democracy which he has manifested upon all 
occasions." — Col. Rec, X, 401. Letters from his father, addressed to him while he was at 
school in New Haven, Conn., bear dates from 1750 to 1753. I have not been able to ascer- 
tain what school he attended. In 1754 he went to Edenton to study law under Thomas 
Barker. 



SAMUEL JOHNSTON. 263 

the Spectator and the Tatler, and followed with sympa- 
thetic interest the fortunes of Sir Charles Grandison and 
Clarissa Harlowe. They kept in close touch with political 
events in England, studied critically the Parliamentary de- 
bates, and among themselves discussed great constitutional 
questions with an ability that would have done honor to the 
most learned lawyers of the Inner Temple.^ Within the 
town and its immediate vicinity dwelt John Harvey, Joseph 
Hewes, Edward Buncombe, Stephen Cabarrus, and, after 
1768, James Iredell. Preceding Iredell by a little more than 
a decade came Samuel Johnston, possessed of an ample for- 
tune, a vigorous and penetrating intellect, and a sound and 
varied learning, which soon won for him a place of preemi- 
nence in the province. ''He bore," says McRee, "the greatest 
weight of care and labor as the mountain its crown of granite. 
His powerful frame was a fit engine for the vigorous intellect 
that gave it animation. Strength was his characteristic. In 
his relations to the public, an inflexible sense of duty and 
justice dominated. There was a remarkable degree of self- 
reliance and majesty about the man. His erect carriage and 
his intolerance of indolence, meanness, vice, and wrong, gave 
to him an air of sternness. He commanded the respect and 
admiration, but not the love of the people." ^ At Edenton, 
surrounded by a group of loyal friends, Johnston entered 
upon the practice of his profession and in 1759 began a pub- 
lic career which, for length of service, extremes of political 
fortune, and lasting contributions to the welfare of the State, 
still stands unsurpassed in our history.** 



'See the picture of Edenton society drawn by James Iredell in his diary, printed in Mc- 
Eee's Iredell. 

siredell, I, 37-38. 

'He was twehe times elected to the General Assembly, serving from 1759 to 1775, inclusive. 
On April 2.5, 1768, he was appointed Clerk of the Court for the Edenton District. In 1770 
he was appointed Deputy Naval Officer of the province, but was removed by Gov. Martin, 
Nov. 16. 177.5, on account of his activity in the revolutionary movement. Dec. 8, ,1773, he 
was selected as one of the Committee of Continental Correspondence appointed by the Gen- 
eral Assemhlv. He served in the first four Provincial Congresses, which met .Aug. 25, 1774, 
April 3, 1775," Aug. 20, 1775, and April 4, 1776. Of the third and fourth he was elected Presi- 
dent. The Congress, Sept. 8, 1775, elected him Treasurer for the Northern District. Sept. 



264 THE NORTH GAKOLINA BOOKLET. 

Johnston's public career covered a period of forty-four 
years and embraced every branch of the public service. A3 
legislator, as delegate to four provincial congresses, as presi- 
dent of tw^o constitutional conventions, as member ol the 
Continental Congress, as judge, as governor, as United States 
Senator, he rendered services to the State and Nation which 
rank him second to none among the statesmen of ITorth Caro- 
lina. Time does not permit me today to dwell on all these 
points of his career, and I must content myself with inviting 
your attention to his services in just three of the great crises 
of our history : First, in organizing the Revolution in l!Torth 
Carolina ; second, in framing the first state constitution ; 
third, in the ratification by N^orth Carolina of the Constitu- 
tion of the United States. 

You are of course familiar with the principal events which 
led up to the outbreak of the Revolution. Johnston watched 
the course of these events with the keenest interest and the 
most profound insight. By inheritance, by training, and by 
conviction he was a conservative in politics. He clung tena- 
ciously to the things that were and viewed with apprehen- 
sion, if not with distrust, any tendency of those in power to 
depart from the beaten path marked out by time and experi- 
ence. It was not to be expected, therefore, that he, holding 
the principles of the British Constitution in great reverence, 
would look with favor upon departures from those principles 
so radical as those proposed by the British Ministry. It has 
frequently been pointed out that in the American Revolution 

9, 1775, he was selected as the member-at-large of the Provincial Council, the executive body 
of the revolutionary government. The Provincial Council, Oct. 20, 1775, elected him Pay- 
master of Troops for the Edenton District. Dec. 21, 1776, he was appointed by the Provin- 
cial Coneress a commissioner to codify the laws of the State. In 1779, 17S3, 1784 he repre- 
sented Chowan county in the State Senate. The General Assembly, July 12, 1781, elected 
him a delegate to the Continental Congress. In 1785 the States of New York and Massa- 
chusetts selected him as one of the commissioners to settle a boundary line dispute between 
them. He was three times elected Governor of North Carolina, Dec. 12, 1787, Nov. 11, 1788, 
and Nov. 14, 1789. He resigned the governorship in Dec, 1789 to accept election to the 
United States Senate, being the first Senator from North Carolina. In 1788 and 1789 he was 
President of the two Constitutional Conventions, at Hillsboro and Fayetteville, called to 
consider the ratification of the Federal Constitution. Dec. 11, 1789 he was elected a trustee 
of the University of North Carolina. From 1800 to 1803 he served as Superior Court Judge. 
He died in 1816. 



SAMUEL JOHNSTON. 265 

England and not America represented the radical position. 
The Americans held to the British Constitution as they had 
received it from their fathers, thej protested against the inno- 
vations of the Ministry, and they went to war to conserve the 
principles of English liberty as they had been handed down 
from time immemorial. They were the true conservatives. 
This, too, was the point of view of such British statesmen as 
Fox, and Pitt, and Burke, and Rockingham. In this contest, 
accordingly, there could be but one place for Samuel John- 
ston, — inheritance, education, conviction, all carried him at 
once into the camp of the Whig party. 

From the passage of the Stamp Act in 1765 Johnston 
maintained a firm and decided stand against every step taken 
by the British Ministry to subject the colonies in their local 
affairs to the jurisdiction of Parliament. A special signifi- 
cance attaches to his services. His birth in Scotland, his 
residence in ISTorth Carolina, his education in Connecticut, 
his intimate correspondence with friends in England, all 
served to lift him above any narrow, contracted, provincial 
view of the contest and fitted him to be what he certainly 
was, the leader in I^orth Carolina in the great continental 
movement which finally resulted in the American Union. 
Union was the great bugbear of the King and Ministry, and 
for some years before the actual outbreak of the Revolution 
an important object of their policy was to prevent the union 
of the colonies. They sought, therefore, as far as possible, to 
avoid all measures which, by giving them a common griev- 
ance, would also afford a basis upon which they could unite. 
In order to accomplish this purpose more effectively acts of 
Parliament to a large extent gave way in the government of 
the colonies to instructions from the King issued to the royal 
governors. These instructions the governors were required 
to consider as of higher authority than acts of the assemblies 
and as binding on both the governors and the assemblies. A 



266 THE NOKTH CAROLINA BOOKLET. 

set was not framed to apply to all the colonies alike, but 
special instructions were sent to each colony as local circum- 
stances dictated. Since these local circumstances differed so 
widely in the several colonies, the King and his ministers 
thought the patriots would not be able to find in these instruc- 
tions any common grievance to serve as a basis for union. 

In ISTorth Carolina the battle was fought out on three very 
important local measures which involved the financial policy 
of the province, the running of its southern boundary line, 
and the jurisdiction of the colonial courts. On all three the 
King issued positive instructions directing the course which 
the Assembly should pursue. Thus a momentous issue was 
presented for the consideration of its members : Should they 
permit the Assembly to degenerate into a mere machine whose 
highest function was to register the will of the SovereigTi ; 
or should they maintain it as the Constitution and their char- 
ters intended it to be, a free, deliberative, law-making body, 
responsible for its acts only to the people ? Upon their answer 
to this question it is not too much to say hung the fate of the 
remotest posterity in this State. I record it as one of the 
proudest events in our history, beside which the glories of 
Moore's Creek, Kings Mountain, Guilford Court House, and 
even of Gettysburg itself pale into insignificance, that the 
Assembly of North Carolina had the insight to perceive their 
problem clearly, the courage to meet it boldly, and the states- 
manship to solve it wisely. 

"Appointed by the people [they declared] to watch over their 
rights and privileges, and to guard them from every encroachment 
of a private and public nature, it becomes our duty and will be our 
constant endeavor to preserve them secure and inviolate to the 
present age, and to transmit them unimpaired to posterity. * * * 
The rules of right and wrong, the limits of the prerogative of the 
Crown and of the privileges of the people are, in the present re- 
fined age, well known and ascertained; to exceed either of them 
is highly unjustifiable." lo 



iTor a more extended account of this great contest, see my Cornelius Harnett: AnEs- 
sayin North CaroUna History, 68-78. 



SAMUEL JOHNSTON. 267 

Hurling this declaration into the face of the royal governor 
the Assembly peremptorily refused obedience to the royal in- 
structions. In this momentous affair Samuel Johnston stood 
fully abreast of the foremost in maintaining the dignity of 
the Assembly, the independence of the judiciary, and the 
right of the people to self-government. With unclouded 
vision he saw straight through the policy of the King and 
stood forth a more earnest advocate of union than ever. He 
urged the appointment of the committees of correspondence 
throughout the continent, served on the North Carolina com- 
mittee, and favored the calling of a Continental Congress. 
When John Harvey, in the spring of 1774, suggested a pro- 
vincial congress, Johnston gave the plan his powerful sup- 
port,^^ and when the Congress met at jSTew Bern, August 25, 
1774, he was there as one of the members from Chowan. 
Upon the completion of its business this Congress authorized 
Johnston, in the event of Harvey's death, to summon another 
congress whenever he should deem it necessary. ISTo more fit 
successor to Harvey could have been found. Johnston's un- 
impeachable personal character commanded the respect of the 
Loyalists,^^ his known conservatism was a guarantee that the 
revolutionary program under his leadership would be con- 
ducted with proper regard for the rights of all and in an 
orderly manner, and his thorough sympathy with the spirit 
and purposes of the movement assured the loyal support of 
the entire Whig party. How thoroughly he sympathized with 
the whole program is set forth in the following letter written 
to an English friend who once resided in North Carolina : 

"You will not wonder [he writes] at my being more warmly af- 
fected with affairs of America than you seem to be. I came over so 
early and am now so riveted to it by my connections that I can not 



»CoI. Rec, X, 968. 

i^Archibald Neilson, a prominent Loyalist whom Gov. Martin appointed Johnston's 
successor as Deputy Naval Officer, \\Tote to James Iredell, July 8, 1775: ' ' For Mr. Johnston, 
I have the truest esteem and regard. In these times, in spite of my opinion of his judgment, 
in spite of myself— I tremble for him. He is in an arduous situation: the eyes of all— more 
especially of the friends of order — are anxiously fixed on him." — McRee's Iredell, I, 260. 



268 THE NOKTH CAKOLINA BOOKLET. 

help feeling for it as if it were my natale solum. The ministry from 
the time of passing the Declaratory Act, on the repeal of the Stamp 
Act, seemed to have used every opportunity of teasing and fretting 
the people here as if on purpose to draw them into rebellion or some 
violent opposition to Government. At a time when the inhabitants 
of Boston were every man quietly employed about their own private 
affairs, the wise members of your House of Commons on the au- 
thority of ministerial scribbles declare they are in a state of open 
rebellion. On the strength of this they pass a set of laws which 
from their severity and injustice can not be carried into execution 
but by a military force, which they have very wisely provided, being 
conscious that no people who had once tasted the sweets of freedom 
would ever submit to them except in the last extremity. They have 
now brought things to a crisis and God only knows where it will 
end. It is useless, in disputes between different countries, to talk 
about the right which one has to give laws to the other, as that 
generally attends the power, though where that power is wantonly or 
cruelly exercised, there are instances where the weaker State has 
resisted with success; for when once the sword is drawn all nice 
distinctions fall to the ground; the difference between internal and 
external taxation will be little attended to, and it will hereafter be 
considered of no consequence whether the act be to regulate trade 
or raise a fund to support a majority in the House of Commons. By 
this desperate push the ministry will either confirm their power of 
making laws to bind the colonies in all cases whatsoever, or give up 
the right of making laws to bind them in any case." i3 

This is a very remarkable letter. Consider first of all its 
date. It was written at Edenton, September 23, 1774. At 
that time the boldest radicals in America, even such men as 
Samuel Adams, of Massachusetts; Patrick Henry, of Vir- 
ginia; Cornelius Harnett, of North Carolina, scarcely dared 
breathe the word independence. But here is Samuel John- 
ston, most conservative of revolutionists, boldly declaring that 
the contest between England and her colonies was a dispute 
"between different countries," and threatening an appeal to 
arms to decide whether the British Parliament should make 
laws "to bind the colonies in all cases whatsoever," or be 
compelled to surrender "the right of making laws to bind 



isTo Alexander Elmsley, of London.— Col. Rec, IX, 1071. 



SAMUEL JOHNSTON. 269 

them in any case." The man who ventured this bold declara- 
tion was no unknown individual, safe from ministerial wrath 
by reason of his obscurity, but was the foremost statesman 
of an important colony, and his name was not unfamiliar to 
those who gathered in the council chamber of the King. 

The death of John Harvey in May, 1775, left Samuel 
Johnston the undisputed leader of the revolutionary party in 
ITorth Carolina. In July he issued a call for a congress to 
meet in Hillsboro, August 20, and of this Congress he was 
unanimously chosen president. Until now Josiah Martin, 
the royal governor, had cherished the hope that Johnston 
would not go to the extreme of rebellion but that he would 
ultimately break with the Whig party and throw the great 
weight of his influence on the side of the royal government. 
Consequently early in the struggle, in very flattering terms, 
Martin had offered to recommend Johnston to the King for 
appointment to the next vacancy in the Council ; and had re- 
frained from removing him from his position as the deputy 
naval ofiicer of the colony, ^^notwithstanding," he wrote, "I 
had found him uniformly in opposition to every measure of 
Government during my administration." ^* But now any 
further forbearance toward Johnston would be disloyalty to 
the King, and accordingly on October 7, 1775, the Governor 
addressed a letter to him notifying him of his removal. ''The 
respect I have entertained for your private character," he 
said, had restrained him from taking this step heretofore ; 
but now duty to his Royal Master would not permit his taking 
upon himself ''the guilt of conniving at the undutiful be- 
havior of one of the King's servants" in appearing "in the 
conspicuous character of Moderator of a popular Assembly 
unknown to the laws and constitution of this province. 



"Gov. Martin to Johnston, Oct. 4, 1772: "In case of a vacancy at the Council Board 
I wish to know whether you will permit me to name you to the King; if it be agreeable to 
you, I shall be much flattered by an opportunity of making so honorable an acquisition to 
the Council of this Province." — Col. Rec, IX, 342. See also Martin to Lord Dartmouth, 
Col. Rec. IX, 1053; and to Lord Germain, X, 401. 



270 THE NOKTII CAEOLINA BOOKLET. 

* * * And [he continued] I have seen with greater sur- 
prise, if possible, your acceptance of the appointment of 
treasurer of the northern district of this colony, unconstitu- 
tionally and contrary to all law and usage conferred upon 
you by this body of your own creation." ^^ To this communi- 
cation Johnston replied in a letter of biting sarcasm but a 
model of courtesy and good taste. "It gives me pleasure," 
he said, referring to the Governor's reasons for his removal, 
"that I do not find neglect of duties of my office in the cata- 
logue of my crimes," and then continued : 

"At the same time that I hold myself obliged to your Excellency 
for the polite manner in which you are pleased to express yourself 
of my private character, you will pardon me for saying that I think 
I have reason to complain of the invidious point of view in which 
you are pleased to place my public transactions when you consider 
the late meeting of the delegates or deputies of the inhabitants of 
this province at Hillsborough, a body of my own creation. Your 
Excellency cannot be ignorant that I was a mere instrument in this 
business under the direction of the people; a people among whom I 
have long resided, and who have on all occasions placed the great- 
est confidence in me, to whose favorable opinion I owe everything I 
possess and to whom I am bound by gratitude (that most powerful 
and inviolable tie on every honest mind) to render every service 
they can demand of me, in defense of what they esteem their just 
rights, at the risk of my life and property. 

You will further. Sir, be pleased to understand, that I never con- 
sidered myself in the honorable light in which you place me, one 
of the king's sei'vants ; being entirely unknown to those who have 
the disposal of the king's favors, I never enjoyed nor had I a right 
to expect, any office under his Majesty. The office which I have for 
some years past executed under the deputation of Mr. Turner was 
an honest purchase for which I have punctually paid an annual sum, 
which I shall continue to pay till the expiration of the term for 
which I should have held it agreeably to our contract. 

Permit me, Sir, to add that had all the king's servants in this 
province been as well informed of the disposition of the inhabitants 
as they might have been and taken the same pains to promote and 
preserve peace, good order, and obedience to the laws among them, 
that I flatter myself I have done, the source of your Excellency's 



'6Col. Rec, X, 262. 



SAMUEL JOHNSTON. 271 

unnecessary lamentations had not at this day existed, or had it 
existed it would have been in so small a degree that ere this it 
would have been nearly exhausted; but, Sir, a recapitulation of 
errors which it is now too late to correct would be painful to me 
and might appear impertinent to your Excellency. I shall decline 
the ungrateful task, and beg leave, with all due respect, to subscribe 
myself, Sir, your Excellency's most obedient, humble servant." is 

At the beginning of the Revolution Johnston, in common 
with the other Whig leaders throughout the continent, dis- 
claimed any purpose of declaring independence. But once 
caught in the full sweep of the revolutionary movement they 
were carried along from one position to another until, by the 
opening of the year 1776, they had reached a situation which 
admitted of no other alternative. As jSTorth Carolina was the 
first colony to take the lead in demanding independence, so 
Samuel Johnston was among the first advocates of it in l^orth 
Carolina. Writing March 3, 1776, he expressed the opinion 
that the future might ''offer a more favorable opportunity for 
throwing off our connection with Great Britain," but imme- 
diately added : 

"It is, however, highly improbable from anything that I have yet 
been able to learn of the disposition of the people at home, from the 
public papers, for I have not lately received any letters, that the 
colonies will be under the necessity of throwing off their allegiance 
to the king and Parliament of Great Britain this summer. If France 
and Spain are hearty and sincere in our cause, or sufficiently ap- 
prised of the importance of the connection with us to risk war with 
Great Britain, we shall undoubtedly succeed; if they are irresolute 
and play a doubtful game I shall not think our success so certain." 

March 20, Joseph Hewes writing from Philadelphia, 
where he was in attendance on the Continental Congi-ess, 
asked Johnston for his views on the subject of independence. 
In reply Johnston said : 

"I am inclined to think with you that there is little prospect of 
an accommodation. You wish to know my sentiments on the sub- 
jects of treating with foreign powers and the independence of the 



"Col. Rec, X, 332. 



272 THE NORTH CAROLINA BOOKLET. 

colonies. I have apprehensions that no foreign power will treat 
with us till we disclaim our dependence on Great Britain and I 
would wish to have assurances that they would afford us effectual 
service before we take that step. I have, I assure you, no other 
scruples on this head; the repeated insults and injuries we have 
received from the people of my native island has (sic) done away 
all my partiality for a connection with them and I have no appre- 
hensions of our being able to establish and support an independence 
if Prance and Spain would join us cordially and risk a war with 
Great Britain in exchange for our trade." i" 

When the fourth Provincial Congress, at Johnston's sum- 
mons, met at Halifax, April 4, 177G, the entire patriot party 
was fully abreast of his position on the subject of independ- 
ence. "All our people here," he wrote, xlpril 5, "are up for 
independence" ; and a few days later he added : "We are 
going to the devil * * * without knowing how to help 
ourselves, and though many are sensible of this, yet they 
would rather go that way than to submit to the British Min- 
istry. * * * Our people are full of the idea of inde- 
pendence." In compliance with this popular sentiment, the 
CongTess, April 12, adopted its famous resolution empower- 
ing the North Carolina delegates in the Continental Congress 
"to concur with the delegates of the other colonies in declar- 
ing independency and forming foreign alliances." ^^ 

Samuel Johnston had now reached the climax of his in- 
fluence and popularity, for by his election to the presidency 
of the Provincial Congress he had attained the highest posi- 
tion in public life to which a citizen of ISTorth Carolina in 
1776 could aspire. The next few years were for him a period 
of eclipse. Deceived by the specious insinuations of his po- 
litical opponents his constituents were led to discard his 
leadership and to accept that of men of fairer promises but 
of smaller achievements. 

Immediately after declaring for independence the Con- 



"Ms. letter in the library at "Hayes." 

isFor a full discussion of the movement toward independence, see my Cornelius Harnett, 
Chap. X. 



SAMUEL JOHNSTON. 273 

gress at Halifax appointed a committee "to prepare a tempo- 
rary civil constitution." Among its members were Johnston, 
Harnett, Abner JSFash, Thomas Burke, Thomas Person, and 
William Hooper. They were (as I have said in another 
place) ^'^ men of political sagacity and ability, but their ideas 
of the kind of constitution that ought to be adopted were woe- 
fully inharmonious. Heretofore in the measures of resist- 
ance to the British Ministry remarkable unanimity had pre- 
vailed in the councils of the Whigs. But when they under- 
took to frame a constitution faction at once raised its head. 
Historians have designated these factions as ''Conservatives" 
and "Radicals," terms which carry their own meaning and 
need no further explanation. However it may not be out of 
place to observe here that while both were equally devoted to 
constitutional liberty, the Radicals seem to have placed the 
greater emphasis on the noun, liberty, the Conservatives on its 
modifier, constitutional. The leader of the former was un- 
doubtedly Willie Jones, while no one could have been found 
to question the supremacy of Samuel Johnston among the 
latter. Congress soon found that no agreement between the 
two could be reached while continued debate on the constitu- 
tion would only consume time which ought to be given to 
more pressing matters. Consequently the committee was dis- 
charged and the adoption of a constitution was postponed till 
the next meeting of Congress in November. Thus the contest 
was removed from Congress to the people and became the 
leading issue of the election in October. 

Willie Jones and his faction determined that Samuel John- 
ston should not have a seat in the ITovember Congress, and 
at once began against him a campaign famous in our history 
for its violence. Democracy exulting in a freedom too newly 
acquired for it to have learned the virtue of self-restraint, 
struck blindly to right and left and laid low some of the 



"Cornelius Harnett, 152. 



274 THE NORTH CAROLINA BOOKLET. 

sturdiest champions of constitutional liberty in the province. 
The contest raged fiercest in Chowan. "'No means," says 
McEee, "were spared to poison the minds of the people ; to 
inflame their prejudices ; excite alarm ; and sow in them, by 
indefinite charges and whispers, the seeds of distrust. * * * 
It were bootless now to inquire what base arts prevailed, or 
what calumnies were propagated. Mr, Johnston was defeated. 
The triumph was celebrated with riot and debauchery; and 
the orgies were concluded by burning Mr. Johnston in 
effigy." - 

From that day to this much nonsense has been written and 
spoken about Johnston's hostility to democracy and his hank- 
ering after the fleshpots of monarchy, and the admirers of 
Willie Jones from then till now have expected us to believe 
that the man who for ten years had been willing to sacrifice 
his fortune, his ease, his peace of mind, his friends and fam- 
ily, and life itself, to overthrow the rule of monarchy was 
ready, immediately upon the achievement of that end, to con- 
spire with his fellow-workers against that liberty which they 
had suffered so much to preserve. That Johnston did not 
believe in the "infallibility of the popular voice" ; that he 
thought it right in a democracy for minorities to have suffi- 
cient safeguards against the tyranny of majorities; that he 
considered intelligence and experience more likely to conduct 
a government successfully than ignorance and inexperience, 
is all true enough. But that he also ascribed fully to the 
sentiment that all governments "derive their just powers 
from the consent of the governed" ; that he believed frequency 
of elections to be the surest safeguard of liberty; that he 
thought representatives should be held directly responsible to 
their constituents and to nobody else, we have not only his 
whole public career but his most solemn declarations to prove. 
He advocated, it is true, a government of energy and power, 

«oiredell, I, 334. 



SAMUEL JOHNSTON. 275 

but a government deriving its energy and power wholly from 
the people. This is the very essence of true, genuine democ- 
racy. 

Although not a member of the Congress which framed our 
first State Constitution, Johnston's duties as treasurer made 
it necessary for him to attend its session, and his presence 
there exerted a most wholesome influence on the final draft 
of that instrument. In mere matters of policy he manifested 
but little interest ; but there were three points of prime im- 
portance to be settled which would ultimately determine the 
character of the government about to be formed. These were, 
first, the degree of responsibility to the people to which rep- 
resentatives should be held ; second, the basis of the suffrage ; 
and third, the degree of independence to be accorded to the 
judiciary. On these three points Johnston felt and thought 
deeply, and exerted himself to have his views incorporated in 
the Constitution. 

In regard to the first he expressed himself as follows in a 
letter written from Halifax in April while the constitution 
was under consideration : 

"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. 
* * * Many projects have been proposed too tedious for a letter to 
communicate. * * * After all, it appears to me that .there can be no 
check on the representatives of the people in a democracy but the 
people themselves; and in order that the check may be more efficient 
I would have annual elections." 21 

But by "the people," Johnston did not mean all the citizens 
of the State any more than we today, by the same term, mean 
to include all the citizens of the Commonwealth. Like us 
Johnston referred only to those citizens who were endowed 
with the franchise. He did not believe in unrestricted man- 
hood suffrage. Such a basis he thought might be "well 



silredell, I, 277. 



276 THE NOETH CAEOLINA BOOKLET. 

adapted to the government of a numerous, cultivated people," 
but he did not think North Carolina in 1776 was ready for 
any such untried experiment, and he advocated, therefore, a 
property qualification. On this point he was ''in great pain 
for the honor of the province" and viewed with alarm the 
tendency to turn the government over to "a set of men without 
reading, experience, or principle to govern them." ^" 

But it was to the judiciary that he looked to safeguard the 
rights of the individual citizen, and in order that this safe- 
guard might be the more effective he wished it to be inde- 
pendent of the transitory passions of majorities. On this 
subject he spoke with more than his usual vigor. 

"God knows [he exclaimed] when there will be an end of this 
trifling here. A draft of the Constitution was presented to the 
House yesterday. * * * There is one thing in it which I cannot bear, 
and yet I am inclined to think it will stand. The inhabitants are 
impowered 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. 23 They talk [he wrote 
later] of having all the officers, even the judges and clerks, elected 
annually, with a number of other absurdities." 24 

Johnston's alarm was needless. Under his guidance con- 
servative influences prevailed and a method of choosing judges 
in line with his views was adopted. In its final form the Con- 
stitution embodied to a large extent Johnston's views on all 
three of these cardinal points. It provided for a legislature 
of two chambers chosen annually, for a property qualification 
for electors for state senators, and for judges chosen by the 
General Assembly to serve during good behavior. 

I know of no more striking personal triumph in the history 
of ISTorth Carolina than this achievement of Johnston. Po- 
litically discredited by his own people, without the support 
of a powerful political party, and totally devoid of that glam- 



22To Thomas Biirke.— State Rec, XI, 504. 

"To James Iredell.— Col. Rec, X, 1040. 

«<To Mrs. James Iredell.— McRee's Iredell, I, 339. 



SAMUEL JOHNSTON. 27Y 

our and subtle influence which accompanies high official 
position, he had, through the convincing logic of his arg-u- 
ments, the trust inspired by his acknowledged wisdom, and 
the confidence imposed in his integrity, forced a hostile Con- 
vention to accept his views and lay the cornerstones of the 
Commonwealth on firm and solid grounds. How firmly he 
builded is shown by the fact that fifty-eight years passed be- 
fore annual sessions of the Assembly gave way to biennial 
sessions ; seventy-nine years before the property qualification 
for electors for state senators was abolished ; and ninety-one 
years before the election of judges was given to the people 
and their terms changed from good behavior to a term of 
years. Had Johnston been alive when these changes were 
proposed there can be no doubt that he would have advocated 
them. In 1776 he stood for a political system suitable to the 
physical, mental and moral conditions of the State at that 
period: in 1835 he would have done the same thing. As a 
practical statesman, more deeply concerned in securing a 
good working system than in promulgating vague and uncer- 
tain theories, he would have been among the first to recognize 
the changed conditions wrought by fifty years of marvelous 
development, and to have advocated changes in the Constitu- 
tion in conformity with the changed spirit and needs of the 
time. 

Johnston's eclipse was temporary. Accepting his defeat 
philosophically, he withdrew after the framing of the Consti- 
tution from all participation in politics, and watched the 
course of events in silence. For assuming this attitude he 
has been severely censured, both by his contemporaries and 
by posterity, who have charged him with yielding to pique, 
and with being supine and indifferent to the welfare of the 
State because he could not conduct its affairs according to his 
own wishes.-^ But is it not pertinent to ask what other 



»5See letters of Archibald Maclaine to George Hooper.— State Rec, XVI, 957, 963. 



278 THE NOKTH CAKOLINA BOOKLET. 

course be could have pursued ? He was not an ordinary poli- 
tician. He had no inordinate itching for public office. He 
was, indeed, ambitious to serve his country, but his country 
had pointedly and emphatically repudiated his leadership. 
Was it not, then, the part of wisdom to bow to the decree ? 
Did not patriotism require him to refrain from futile opposi- 
tion ? The event clearly demonstrated that his course was 
both wise and patriotic, for the people soon came to their 
sober second thought and the reaction in Johnston's favor 
set in earlier than he could possibly have anticipated. They 
sent him to the State Senate, the General Assembly elected 
him treasurer, the Governor appointed him to the bench, the 
General Assembly chose him a delegate to the Continental 
Congress, and the Continental Congress elected him its pre- 
siding officer.'*^ The reaction finally culminated in his elec- 
tion as Governor in 1787, and his relection in 1788 and again 
in 1789. Among the many interesting problems of his ad- 
ministration were the settlement of Indian affairs, the ad- 
justment of the war debt, the treatment of the Loyalists, the 
cession of the western territory to the Federal Government, 
and the '^' State of Franklin" ; but today time does not permit 
that we consider his policy toward them. The chief issue of 
his administration was the ratification of the Federal Consti- 
tution to the consideration of which we must devote a few 
moments. 

The Convention to consider the new Constitution met at 
Hillsboro, July 21, 1788. ''Conservatives" and "Radicals," 
now rapidly crystallizing into political parties as Federalists 
and Anti-Federalists, arrayed themselves for the contest 
under their former leaders, Samuel Johnston and Willie 
Jones. The Anti-Federalists controlled the Convention by a 
large majority, nevertheless out of respect for his office they 
unanimously elected Governor Johnston president. All the 



"He declined to serve. 



SAMUEL JOHA^STON. 279 

debates, however, were held in committee of the whole, and 
this plan, bj calling Governor Johnston ont of the chair, 
placed him in the arena in the very midst of the contest. 
Thongh he was the accepted leader of the Federalists, the 
burden of the debate fell upon the younger men, among whom 
James Iredell stood preeminent. Contesting preeminence 
with Iredell, but never endangering his position, were Wil- 
liam R. Davie, Archibald Maclaine, and Richard Dobbs 
Spaight. Governor Johnston but rarely indulged his gTeat 
talent for debate, but when he did enter the lists he mani- 
fested such a candor and courtesy toward his opponents that 
he won their respect and confidence, and he spoke with such 
a '^relentlessness in reasoning" that but few cared to engage 
him in discussion. Johnston could not have been anything 
else than a Federalist. Since the sigTiing of the treaty of 
peace with England the country had been drifting toward 
disunion and anarchy with a rapidity that alarmed conserva- 
tive and thoughtful men. The issue presented in 1787 and 
1788, therefore, was not the preservation of liberty but the 
prevention of anarchy, and on this issue there could be but 
one decision for Samuel Johnston. The day for the specu- 
lative theories and well-turned epigrams of the Declaration 
of Independence had passed ; the time for the practical pro- 
visions of the Federal Constitution had come. Consequently 
the debates at Hillsboro dealt less with theories of govern- 
ment than with the practical operations of the particular plan 
under consideration. 

In this plan Willie Jones and his followers saw all sorts 
of political hobgoblins, and professed to discover therein a 
purpose to destroy the autonomy of the States and to estab- 
lish a consolidated nation. They attacked the impeachment 
clause on the ground that it placed not only Federal Senators 
and Representatives, but also State officials and members of 
the State Legislatures completely at the mercy of the ITational 

6 



280 THE NOKTH CAEOLINA BOOKLET. 

Congress. Johnston very effectively disposed of this ridicu- 
lous contention by jjointing out that "only officers of the 
United States were impeachable," and contended that Sen- 
ators and Representatives were not Federal officers but offi- 
cers of the States. Continuing he said : 

"I never knew any instance of a man being impeached for a legis- 
lative act; nay, I never heard it suggested before. A representative 
is answerable to no power but his constituents. He is accountable 
to no being under heaven but the people who appoint him. * * * Re- 
moval from office is the punishment, to which is added future dis- 
qualification. How can a man be removed from office who has no 
oflBce? An officer of this State is not liable to the United States. 
Congress cannot disqualify an officer of this State. No body can 
disqualify but the body which creates. * * * j should laugh at 
any judgment they should give against any officer of our own." 2t 

But, said the opponents of the Constitution, ''Congress is 
given power to control the time, place, and manner of electing 
senators and representatives. This clause does away with 
the right of the people to choose representatives every year" ; 
under it Congress may pass an act "to continue the members 
for twenty years, or even for their natural lives" ; and it 
plainly points "forward to the time when there will be no 
state legislatures, to the consolidation of all the states." To 
these arguments Johnston replied : 

"I conceive that Congress can have no other power than the 
States had. * * * The powers of Congress are all circumscribed, 
defined, and clearly laid down. So far they may go, but no farther. 
* * * They are bound to act by the Constitution. They dare 
not recede from it." 

All these arguments sound very learned and very eloquent, 
retorted the opponents of the Constitution, but the proposed 
Constitution does not contain a bill of rights to "keep the 
States from being swallowed up by a consolidated govern- 



^^Elliott's Debates. The following extracts from Johnston's speeches on the Consti 
tution are all from the same source. 



SAMUEL JOHNSTON. 281 

ment." But Governor Johnston, in an exceedingly clear-cut 
argument, pointed out not only the absurdity but even the 
danger of including a bill of rights in the Constitution. 
Said he: 

"It appears to me, sir, that it would have been the highest ab- 
surdity to undertake to define what rights the people of the United 
States are entitled to; for that would be as much as to say they are 
entitled to nothing else. A bill of rights may be necessary in a 
monarchial government whose powers are undefined. Were we in 
the situation of a monarchial country? No, sir. Every right could 
not be enumerated, and the omitted rights would be sacrificed if 
security arose from an enumeration. The Congress cannot assume 
any other powers than those expressly given them without a palpable 
violation of the Constitution. * * * in a monarchy all power may 
be supposed to be vested in the monarch, except what may be re- 
served by a bill of rights. In England, in every instance where the 
rights of the people are not declared, the prerogative of the king 
is supposed to extend. But in this country we say that what rights 
we do not give away remain with us." 

Though Johnston desired to throw all necessary safeguards 
around the rights of the people, he did not desire a Union 
that would be a mere rope of sand. The Union must have 
authority to enforce its decrees and maintain its integTity, 
and if he foresaw the rise of the doctrines of nullification and 
secession, he foresaw them only to expose what he thought 
was their fallacy. 

"The Constitution [he declared] must be the supreme law of the 
land, otherwise it will be in the power of any State to counteract the 
other States, and withdraw itself from the Union. The laws made 
in pursuance thereof by Congress, ought to be the supreme law of 
the land, otherwise any one state might repeal the laws of the 
Union at large. * * * Every treaty should be the supreme law 
of the land; without this, any one state might involve the whole 
union in war." 

Acts of Congress, however, must be in "pursuance" of the 
powers granted by the Constitution, for Johnston 'had no 
sympathy with the notion that the courts must enforce acts 



282 THE NOKTH CAROLINA BOOKLET. 

of legislative bodies regardless of their constitutionality. As 

lie said : 

"When Congress makes a law in virtue of their [sic] constitu- 
tional authority, it will be actual law. * * * Every law consistent 
with the Constitution will have been made in pursuance of the 
powers granted by it. Every usurpation, or law repugnant to it, 
cannot have been made in pursuance of its powers. The latter will 
be nugatory and void." 

Johnston, of course, did not think the Constitution perfect 
and he was as anxious as Willie Jones to have certain amend- 
ments made to it. But he took the position that ISTorth Caro- 
lina, then the fourth of the thirteen States in population, 
would have more weight in securing amendments in the Union 
than out of it. Indeed, he reasoned, as long as the State re- 
mains out of the Union there is no constitutional way in 
which she can propose amendments. Accordingly, as the 
leader of the Federalists, on July 30, he offered a resolution: 

"That though certain amendments to the said Constitution may 
be wished for, yet that those amendments should be proposed sub- 
sequent to the ratification on the part of this State, and not previous 
to it." 

Willie Jones promptly rallied his followers against this 
action and defeated Johnston's resolution by a vote of 184 to 
84. Then after proposing a series of amendments, including 
a bill of rights, the Convention, by the same vote of 184 to 
84, refused to ratify the Constitution and, August 2, ad- 
journed sine die. 

Thus a second time, in a second great political crisis, 
Willie Jones triumphed over his rival ; but again, as in 
1776, his triumph was short-lived. With wise forethought 
Iredell and Davie had caused the debates of the Conven- 
tion to be reported and published, and through them ap- 
pealed from the Convention to the people. How far these 
debates influenced public opinion it is of course impossible to 
say, but certain it is that no intelligent, impartial reader can 



SAMUEL JOHNSTON. 283 

rise from their perusal without beiug convinced that the 
Federalists had much the better of the argument. Public 
opinion so far shifted toward the Federalists' position that 
when the second Convention met at Fajetteville, November 
16, 1789, the Federalists had a larger majority than their 
opponents had had the year before. Again Samuel Johnston 
was unanimously elected president. The debates of this Con- 
vention were not reported ; indeed, the debates of the former 
Convention had rendered further discussion unnecessary. The 
people of the State had read those debates and had recorded 
their decision by sending to the Convention a Federalist ma- 
jority of more than one hundred. Accordingly after a brief 
session of only six days the Convention, !N"ovember 21, 1789, 
by a vote of 195 to 77, ratified the Constitution of the United 
States and North Carolina reentered the Federal Union. It 
has been so frequently affirmed that in North Carolina it is 
today very generally believed that this action of the Conven- 
tion of 1789 was due to the adoption of the first ten amend- 
ments to the Federal Constitution; and, further, that the 
action of Willie Jones and his party in rejecting the Consti- 
tution in 1788 forced Congress to submit these amendments. 
In the interest of historical accuracy let us for just a mo- 
ment examine this statement. A few dates quickly dispose 
of the matter. The North Carolina Convention rejected the 
Constitution August 2, 1788. On November 17, of the same 
year, the General Assembly passed the resolution calling a 
second Convention. It was not until September 25, 1789, 
nearly a year later, that Congress submitted the first ten 
amendments to the several States. When the North Carolina 
Convention met at Fayetteville, November 16, 1789, not a 
single State had acted on these amendments, and more than a 
year passed after North Carolina had ratified the Constitu- 
tion before the required number of States had accepted the 
amendments. Moreover, when the Convention met at Fay- 



284 THE NOKTH CAKOLINA BOOKLET. 

etteville, in 1^89, the opponents of the Constitution still 
urged its rejection because the amendments which had been 
proposed did not meet the objections of the former Conven- 
tion in '^^some of the great and most exceptional parts" of the 
Constitution. The only result of the action of Jones and his 
party in 1788, therefore, was to keep ^STorth Carolina out of 
the Union for a year and thus to prevent the State's casting 
her vote for George Washington as the first President of the 
United States. 

The privilege of transmitting the resolution of ratification 
to the President of the United States and of receiving from 
him an acknowledgment of his sincere gratification at this 
important event, fell to the lot of Samuel Johnston. It was 
fitting, too, that he who, for more than twenty years, had 
stood among the statesmen of ISTorth Carolina as the very 
personification of the spirit of union and nationalism should 
be the first to represent the State in the Federal Senate. Of 
his services there I can not speak today more than to say that 
he represented the interests of ISTorth Carolina with the same 
fidelity to convictions and courage in the discharge of his 
duties which had always characterized his course in public 
life ; and that on the great national issues of the day he lifted 
himself far above the narrow provincialism which character- 
ized the politics of Korth Carolina at that time and stood 
forth in the Federal Senate a truly national statesman. It 
had been well for K^orth Carolina and her future position in 
the Union had she adhered to the leadership of Johnston, 
Davie, Iredell and the men who stood with them, — men too 
wise to trifle with their principles, too sincere to conceal their 
convictions, and too brave and high-minded to mislead their 
people even for so great a reward as popular favor. But in 
the loud and somewhat blatant politics of that day these men 
could play no part, and one by one they were gradually forced 
from public life to make way for other leaders who possessed 



SAMUEL JOHNSTON. 285 

neither their wisdom, their sincerity, nor their courage. In 
1793, Samuel Johnston retired from the Senate, and, except 
for a brief term on the bench, spent the remaining twenty- 
three years of his life in the full enjoyment of his happy 
family circle. 

Thus, Mr. Grand Master, I have endeavored to point out, 
as briefly as possible, why it is that we deem Samuel John- 
ston worthy of a niche under the stately dome of our Capitol 
in company with Graham, and Ransom, and Morehead. On 
the mere score of office-holding he surpassed any of them; 
indeed, his career in this respect has not been surpassed by 
any other in our history. But in the fierce light of History 
what a paltry thing is the mere holding of public office; and 
how quickly posterity forgets those who present no other 
claim to fame. Posterity remembers and honors him only 
who to other claims adds those of high character, lofty ideals, 
and unselfish service ; whose only aims in public life are the 
maintenance of law, the establishment of justice, and the 
preservation of liberty ; who pursues these ends with a fixity 
of purpose which never weakens, a tenacity which never 
slackens, and a determination which never wavers. Measur- 
ing Samuel Johnston by this standard, I am prepared to say 
that among the statesmen of jSTorth Carolina he stands with- 
out a superior. Indeed, taking him all in all, it seems to me 
that he approaches nearer than any man in our history to 
Tennyson's fine ideal of the "Patriot Statesman." 

O Patriot Statesman, be thou wise to know 
The limits of resistance, and the bounds 
Determining concession; still be bold 
Not only to slight praise but suffer scorn; 
And be thy heart a fortress to maintain 
The day against the moment, and the year 
Against the day; thy voice, a music heard 
Thro' all the yells and counter-yells of feud 
And faction, and thy will, a power to make 
This ever-changing world of circumstance. 
In changing, chime to never-changing Law. 



286 THE NORTH CAROLINA BOOKLET. 



BIOGRAPHICAL, GENEALOGICAL AND 
HISTORICAL MEMORANDA 



COMPILED AND EDITED BY MRS. E. E. MOFFITT. 



JUDGE HENRY GROVES CONNOR 

The article in this number of The Booklet on Judge 
James Iredell is the third contribution which Judge Connor 
has made to its pages. To Vol. IV, ISTo. 4, he contributed 
"The Conventions of 1778-1779 and the Federal Constitu- 
tion." To Vol. VIII, 1^0. 2, he contributed "The Conven- 
tion of 1835." A biographical sketch of Judge Connor ap- 
peared in Vol. VIII, 1^0. 2 (October, 1908). In 1909 
Judge Connor resigned from the Supreme Court bench of 
I^orth Carolina, to accept an appointment made by Presi- 
dent Taft as Judge of the United States Court, from the 
Eastern District of jSTorth Carolina. 



CHARLES LEE SMITH 

A biographical sketch of Charles Lee Smith, Ph.D., LL.D., 
author of the article on David Caldwell — Teacher, Preacher, 
Patriot, in this number of The Booklet^ was published in 
Volume VIII, ^o. 4 (April, 1909). Since that time he has 
been elected a member of the Board of Trustees of the Uni^ 
versity of North Carolina, a member of the Board of Man- 
agers of the ISTorth Carolina Society of the Sons of the Revo- 
lution, and a member of the Advisory Board of The North! 
Carolina Booklet. A recent volume of the National Cy- 
clopcedia of American Biography contains an interesting ac- 
count of this public-spirited citizen of Raleigh. 



R. D. W. CONNOR 

Mr. Connor's address on Governor Samuel Johnston, ap- 
pearing in this number of The Booklet^ is the seventh 



Some North Carolina Booklets for Sale 

Address, EDITOR, Raleigh, N. C. 

Vol. I 

"Greene's Retreat," Dr. Daniel Harvey Hill. 

Vol. II 

"Our Own Pirates," Capt. S. A. Ashe. 

"Indian Massacre and. Tuscarora War," Judge Walter Clark. 

"Moravian Settlement in North Carolina," Rev. J. E. Clewell. 

"Whigs and Tories," Prof. W. C. Allen. 

"The Revolutionary Congress," Mr. T. M. Pittman. 

"Raleigh and the Old Town of Bloomsbury," Dr. K. P. Battle. 

"Historic Homes — Bath, Buncomb Hall, Hayes," Rodman, Blount, 

Dillard. 
"County of Clarendon," Prof. John S. Bassett. 
"Signal and Secret Service," Dr. Charles E. Taylor. 
"Last Days of the War," Dr. Henry T. Bahnson. 

Vol. IN 

"Volunteer State Tennessee as a Seceder," Miss Susie Gentry, 
"Colony of Transylvania," Judge Walter Clark. 

"Social Conditions in Colonial North Carolina," Col. Alexander Q. 

Holladay, LL.D. 
"Battle of Moore's Creek Bridge, 1776," Prof. M. C. S. Noble. 
"North Carolina and Georgia Boundary," Mr. Daniel Goodloe. 

Vol. IV 

"Battle Ramsaur's Mill, 1780," Major Wm. A. Graham. 
"Quaker Meadows," Judge A. C. Avery. 
"Convention of 1788," Judge Henry Groves Connor. 
"North Carolina Signers of Declaration of Independence, John Penn 
and Joseph Hewes," by T. M. Pittman and Dr. E. Walter Sikes. 

"North Carolina Troops in South Carolina," Judge Walter Clark. 
"Rutherford's Expedition Against the Indians," Capt. S. A. Ashe. 
"Changes in Carolina Coast Since 1585," Prof. Collier Cobb. 
"Highland Scotch Settlement in N. C," Judge James C. MacRae. 
"The Scotch-Irish Settlement," Rev. A. J. McKelway. 
"Battle of Guilford Court-house and German Palatines in North Car- 
olina," Major J. M. Morehead, Judge O. H. Allen. 



Vol. v.— (QuarteHy.) 
No. 2. 

"History of the Capitol," Colonel Charles Earl Johnson. 

"Some Notes on Colonial North Carolina, 1700-1750," Colonel J. 
Bryan Grimes. 

"North Carolina's Poets," Rev. Hight C. Moore. 

No. 3. 

"Cornelius Harnett," Mr. R. D. W. Connor. 

"Celebration of the Anniversary of May 20, 1775," Major W. A. Gra- 
ham. 

"Edward Moseley," by Dr. D. H. Hill. 

No. 4. 

"Governor Thomas Pollok," Mrs. John W. Hinsdale. 
"Battle of Cowan's Ford," Major W. A. Graham. 
"First Settlers in North Carolina Not Religious Refugees," Rt. Rev. 
Joseph Blount Cheshire, D.D. 

Vol. VI — (Quarterly.) 
October, No. 2. 

"The Borough Towns of North Carolina," Mr. Francis Nash. 

"Governor Thomas Burke," J. G. de Roulhac Hamilton, Ph.D. 

"Colonial and Revolutionary Relics in the Hall of History," Colonel 
Fred. A. Olds. 

"The North Carolina Society Daughters of the Revolution and its 
Objects." 

Biographical Sketches: Dr. Richard Dillard, Mr. Francis Nash, Dr. 
J. G. de R. Hamilton and Col. Fred A. Olds, by Mrs. E. B. 
Moffitt. 

January, No. 3. 

"State Library Building and Department of Archives and Records," 
Mr. R. D. W. Connor. 

"The Battle of Rockfish Creek, 1781," Mr. James Owen Carr. 

"Governor Jesse Franklin," Prof. J. T. Alderman. 

"North Carolina's Historical Exhibit at Jamestown," Mrs. Lindsay 
Patterson, Mary Hilliard Hinton. 

Biographical Sketches: Mrs. S. B. Kenneday, R. D. W. Connor, 

James Owen Carr, and Prof. J. T. Alderman, by Mrs. E. E. 

Moffitt. 

April, No. 4. 
"The White Pictures," Mr. W. J. Peele. 
"North Carolina's Attitude Toward the Revolution," Mr. Robert 

Strong. 
"Some Overlooked North Carolina History," J. T. Alderman. 
Biographical Sketches: Richard Benbury Creecy, the D. R. Society 

and Its Objects, Mrs. E. E. Moffitt. 



Vol, VII.— (Quarterly.) 
July, No. 1. 

"North Carolina in the French and Indian War," Col. A. M. Waddell. 
"Locke's Fundamental Constitutions," Mr. Junius Davis. 
"Industrial Life in Colonial Carolina," Mr. Thomas M. Pittman. 

Address: "Our Dearest Neighbor — the Old North State," Hon, James 

Alston Cabell. 
Biographical Sketches: Col. A. M. Waddell, Junius Davis, Thomas 

M. Pittman, by Mrs. E. E. Moffitt; Hon. Jas. Alston Cabell, by 

Mary Hilliard Hinton. 

Abstracts of Wills. Mrs. Helen DeB. Wills. 

October, No. 2. 

"Ode to North Carolina," Pattie Williams Gee. 

"The Finances of the North Carolina Colonists," Dr. Charles Lee 
Raper. 

"Joseph Gales, Editor," Mr. Willis G. Briggs. 
"Our First Constitution, 1776," Dr. E. W. Sikes. 

"North Carolina's Historical Exhibit at Jamestown Exposition," 

Mary Hilliard Hinton. 
Biographical Sketches: Dr. Kemp P. Battle, Dr. Charles Lee Raper, 

Willis Grandy Briggs, Pattie Williams Gee. By Mrs. E. E. 

Moffitt. 

January, No. 3. 
"General Robert Howe," Hon. John D. Bellamy. 

"Early Relations of North Carolina and the West," Dr. William K. 
Boyd. 

"Incidents of the Early and Permanent Settlement of the Cape 
Fear," Mr. W. B. McKoy. 

Biographical Sketches: John Dillard Bellamy, William K. Boyd, 
William B. McKoy. By Mrs. E. E. Moffitt. 

April, No. 4. 

"St. James's Churchyard" (Poem), Mrs. L. C. Markham. 

"The Expedition Against the Row Galley General Arnold — A Side 

Light on Colonial Edenton," Rev. Robt. B. Drane, D.D. 
"The Quakers of Perquimans," Julia S. White. 

"Fayetteville Independent Light Infantry," Judge James C. MacRae. 
Biographical Sketches: Mrs. L. C. Markham, Rev. R. B. Drane, 

Julia S. White, Judge James C. MacRae. By Mrs. E. E. Moffitt. 

Vol. VIM.— (Quarterly.) 

July, No. 1. 

"John Harvey," Mr. R. D. W. Connor. 

"Military Organizations of North Carolina During the American 

Revolution," Clyde L. King, A.M. 
"A Sermon by Rev. George Micklejohn," edited by Mr. R. D. W. 

Connor. 

4 



Genealogical Sketches: Abstracts of Wills; Scolley, Sprott and Hun- 
ter, Mrs. Helen de B. Wills. 

Biographical and Genealogical Sketches: R. D. W. Connor, Clyde L. 
King, Marshall Delancey Haywood, by Mrs. E. E. Moffitt. 

"Abstracts of Wills," Mrs. Helen DeB. Wills. 

October, No. 2. 

"Convention of 1835," Associate Justice Henry G. Connor. 

"The Life and Services of Brigadier-General Jethro Sumner," Kemp 
P. Battle, LL.D. 

"The Significance of the Mecklenburg Declaration of Independence," 

Prof. Bruce Craven. 
Biographical and Genealogical Sketches: Judge Henry G. Connor, 

Kemp P. Battle, LL.D., Prof. Bruce Craven, by Mrs. E. E. Moffitt. 

January, No. 3. 

"The Mecklenburg Declaration of Independence," Mr. A. S. Salley, Jr. 
"The Mecklenburg Declaration of Independence," Prof. Bruce Craven. 
"Mr. Salley's Reply." 
"Mr. Craven's Rejoinder." 

Biographical and Genealogical Sketches: Prof. Bruce Craven, Mr. 
Alexander S. Salley, Jr., by Mrs. E. E. Moffitt. 

"Patriotic Objects." 

"Information Concerning the Patriotic Society D. R." 

April, No. 4. 

"Unveiling Ceremonies." 

"Carolina," by Bettie Freshwater Pool. . 

"The Battle of Kings Mountain," by Dr. William K. Boyd. 

"Schools and Education in Colonial Times," by Dr. Charles Lee 
Smith. 

"North Carolina Heroines of the Revolution," by Richard Dil- 

lard M.D. 
Biographical and Genealogical Sketches: Bettie Freshwater Pool, 

William K. Boyd, Charles Lee Smith, Richard Dillard, by Mrs. 

E. E. Moffitt. 

Vol. IX.— (Quarterly.) 

July, No. 1. 

"Indians, Slaves and Tories: Our 18th Century Legislation Regard- 
ing Them," Clarence H. Poe. 

"Thomas Person," Dr. Stephen B. Weeks. 

"Sketch of Flora McDonald," Mrs. S. G. Ayr. 

Biographical and Genealogical Memoranda: Clarence H. Poe, Dr. 
Stephen B. Weeks, Mrs. S. G. Ayr, by Mrs. E. E. Moffitt. 

Abstraacts of Wills: Shrouck, Stevens, Sanderson, Shirley, Steven- 
son, Sharee, Shearer, Shine, Smithson, Sitgreaves, by Mrs. Helen 
DeB. Wills. 

5 



October, No. 2. 

"General Joseph Graham," Mrs. Walter Clark. 

"State Rights in North Carolina Through Half a Century," Dr. H. M. 
Wagstaff. 

"The Nag's Head Portrait of Theodosia Burr," Bettie Freshwater 

Pool. 
Biographical and Genealogical Memoranda: Mrs. "Walter Clark, H. 

M. Wagstaff, by Mrs. E. E. Moffitt. 
Abstracts of Wills: Arnold, Ashell, Avelin, Adams, Battle, Burns, 

Boge, Bennett, by Mrs. Helen DeB. Wills. 

January, No. 3. 

"History of Lincoln County," Mr. Alfred Nixon. 
"Our State Motto and Its Origin," Chief Justice Walter Clark. 
"Work Done by the D. R. in Pasquotank County," C. F. S. A. 
Biographical and Genealogical Memoranda: Alfred Nixon, Walter 

Clark, by Mrs. E. E. Moffitt. 
Abstracts of Wills: Clark, Evans, Fendall, Fort, Gorbe, Gambell, 

Grainger, Hill, White, by Mrs. Helen DeB. Wills. 

Aprif, No. 4. 

"Der North Carolina Land und Colonie Etablissement," Miss Ade- 
laide L. Fries. 

"George Durant," Capt. S. A. Ashe. 

"Hatorask," Mr. Jaques Busbee. 

"The Truth About Jackson's Birthplace," Prof. Bruce Craven. 

Biographical and Genealogical Memoranda: Miss Fries, Captain 
Ashe, Professor Craven, by Mrs. E. E. Moffitt. 

VoL X.— (Quarterly.) 

July, No. 1. 

"The Chase," James Sprunt. 

"Art as a Handmaiden of History," Jaques Busbee. 

"Sketch of Colonel Francis Locke," George McCorkle. 

"Unveiling of Tablet at Nixonton, N. C," Mrs. Walker Waller 

Joynes. 
"Address Delivered at Unveiling of Tablet at Nixonton, N. C," by 

Former Lieutenant-Governor F. D. Winston. 
"A Glimpse of Historic Yorktown," Mrs. Helen DeB. Wills. 
"Colonel Polk's Rebellion," Capt. S. A. Ashe. 
"Was George Durant Originally a Quaker?" William B. Phelps. 

October, No- 2. 

"The History of Orange County, Part I," Francis Nash. 

6 



January, No. 3. 

'The Croatans," Hamilton McMillan. 

'State Aid to Transportation iu North Carolina: The Pre-Railroad 
Era," J. Allen Morgan. 

"Joseph Hewes and the Declaration of Independence," R. D. W. 
Connor. 

April, No 4. 

''An Address for the Baptism of Virginia Dare," Rt. Rev. Joseph 
Blount Cheshire, D.D. 

'The Early History of Craven County," S. M. Brinson. 
'Jacob Marling, an Early North Carolina Artist," Marshall DeLancey 
Haywood. 

'The Social Condition of North Carolina in the Year 1783," Captain 
S. A. Ashe. 

'Rowan County Wills and Marriage Bonds," Mrs. M. G. McCubbins. 



Vols. I, II, III, IV, 25 cents each number. 

Vols. V, VI, VII, VIII, IX, X, 35 cents each number. 



TABLE OF CONTENTS 



VOLUME XI. 

PAGE 

The North Carolina Union Men of 1861 3-16 

By Major William A. Graham. 

Some Early Physicians of the Albemarle 17-25 

By Dr. Richard Dillard. 

Some Ballads of North Carolina 26-42 

By Professor John A. Lomax. 

A Painting of the Baptism of Virginia Dare 43-44 

Tablet Marking the Site of the Old Town of Bloomsbury or 
Wake Court House 45-53 

Biographical and Genealogical Memoranda 54-58 

Rowan County Wills and Marriage Bonds 59-69 

By Mrs. M. G. McCubbins. 

Illustration: Tablet and stone marking the site of 
Bloomsbury, now Raleigh, N. C, erected by Blooms- 
bury Chapter D. R. 

Roanoke Island 73-81 

By Chief Justice Walter Clark. 

How Interest Can be Aroused in the Study of the History 

of North Carolina 82-98 

By Chief Justice Walter Clark. 

Kill Devil Hill 99-104 

By Jaques Busbee. 

Career of General James Hogun, One of North Carolina's 

Revolutionary Officers 105-110 

By Chief Justice Walter Clark. 

A Forgotten Law 111-114 

By Annie Lane Devereux. 
Rowan County Wills and Marriage Bonds 117-130 

By Mrs. M. G. McCubbins. 

Revolutions of Respect to the Memory of Mrs. Helen 

DeBerni6re Hooper Wills 131 

Illustrations: Walter Clark, Chief Justice of the Supreme 
Court of North Carolina. 
Sir Walter Raleigh. 

Sir Walter Raleigh and His Associates 135-157 

By R. D. W. Connor. 

Governor Benjamin Smith 158-168 

By Dr. Collier Cobb. 

The Story of Queen's College or Liberty Hall in the Province 

of North Carolina 169-175 

By Marshall DeLancey Haywood. 

7 



PAGE 

Biographical, Genealogical and Historical Memoranda 176-180 

By Mrs. E. E. Moffitt. 

Mrs. Helen DeBerniere Wills 181 

In Memoriam — Mrs. Fannie DeBerniere Hooper Whitaker.. 186 

Marriage Bonds of Rowan County, N. C 187-190 

By Mrs. M. G. McCubbins. 

Illustrations: Sir Francis Drake. 

Sir Richard Grenville. 
Governor Benjamin Smith. 

James Iredell, 1751-1799 201 

By H. G. Connor. 

David Caldwell — Teacher, Preacher, Patriot 251 

By Charles Lee Smith. 

Governor Samuel Johnston of North Carolina 259 

By R. D. W. Connor. 

Biographical, Genealogical, and Historical Memoranda 286 

By Mrs. E. E. Moffitt. 



L^ 



V