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Vol. xvn 

JULY, 1917 

No. 1 

North Carolina Booklet 





BY * . 




A Federalist of the Old School 

By Aechibald Hendebson. 


._ 3 

Our North Carolina Indians 39 

By Colonel Fred A. Olds. 

^ The State Navy of North Carolina in the War of the 

Revolution 48 

By Maeshall DeLancey Haywood. 

Review of the Prince of Parthia 57 

By Nina Holland Covington. 


$1.00 THE YEAR 

Entered at the Postoffice at Raleigh, N. C, July 15, 1905, under the Act of 
Congress of March 3 , 1879 




The North CaroUna Booklet 

Great Events in North Carolina History 

Volume XVII of The Booklet will be issued quarterly by the 
North Carolina Society, Daughters of the Revolution, beginning July, 
1917. The Booklet will be published in July, October, January, and 
April. Price $1.00 per year, 35 cents for single copy. 

Editor : 
Miss Maby Hllliabd Hinton. 

Biographical Editor : 
Mrs. E. E. Moffitt. 


Isaac Shelby : Revolutionary Patriot and Border Hero — Part II — 
Dr. Archibald Henderson. 

Revolutionary Heroines of Mecklenburg — Miss Violet Alexander. 

Glimpses of Plantation Life in the Old South — By an Eye Witness. 

History of Rowan County — Dr. Archibald Henderson. 

History of Agriculture in North Carolina — 

Hospital Service in the War Between the States — 

Historic Homes; Part VIII : "Bookwood" — Mr. William C. Ervin. 

Historic Homes, Part IX : "Creek-Side" — Mr. William 0. Ervin. 

Shqcco and Jones' Springs : Old-fashion Resorts in Warren County 
— Judge Walter A. Montgomery. 

History of the Continental Line of North Carolina — Mr. Frank 

Historical Book Reviews will be contributed by Mrs. Nina Holland 
Covington. These will be reviews of the latest historical works 
written by North Carolinians. 

The Genealogical Department will be continued, with a page de- 
voted to Genealogical Queries and Answers as an aid to genealogical 
research in the State. 

The North Carolina Society Colonial Dames of America wUl fur- 
nish copies of unpublished records for publication The Booklet. 

Biographical Sketches will be continued under Mrs. E. E. Moffitt. 

Old letters, heretofore unpublished, bearing on the Social Life of 
the different periods of North Carolina History, will appear here- 
after in The Booklet. 

This list of subjects may be changed, as circumstances sometimes 
prevent the writers from keeping their engagements. 

The histories of the separate counties will in the future be a 
special feature of The Booklet. When necessary, an entire issue 
will be devoted to a paper on one county. 

Parties who wish to renew their subscriptions to The Booklet 
for Vol. XVI are requested to give notice at once. 

Many numbers of Volumes I to XVI for sale. 

For particulars address 

Miss Mary Hilliaed Hinton, 

Editor North Carolina BooTclet, 
"Midway Plantation," Raleigh, N. C. 

Vol. XVII JULY, 1917 No. 1 

North Carolina Booklet 

' Carolina i Carolina I Hewven' s blessings attend her I 
While zve live zve will cherish, protect and defend her' 

Published by 



The object of The Booklet is to aid in developing and preserving 
NoT'th Carolina History. The proceeds arising from its publication 
will be devoted to patriotic purposes. Editor. 





Mbs. Hubebt Haywood. Db. Richakd Dillaed. 

Mes. E. E. Moffitt. Db. Kemp P. Battle. 

Mb. R. D. W. Connoe. Mb. James Speunt. 

De. D. H. Hill. Mr. Marshall DeLakcey Haywood. 

Db. William K. Boyd. Chief Justice Waltee Clabk. 

Capt. S. a. Ashe. Major W. A. Geaham. 

Miss Adelaide L. Feies. Db. Chaeles Lee Smith. 

Miss Maetha Helen Haywood. 

editoe : 
Miss Maey Hilliabd Hinton. 

biographical editor : 
Mrs. E. E. Moffitt. 



regent : 


vice-regent : 


honorary regents : 

Mrs. E. E. MOFFITT. 

Mrs. T. K. BRUNER. 

recording secretary : 


corresponding secretary : 

Mrs. PAUL H. LEE. 

treasurer : 


registrar : 


custodian of relics : 

Mrs. JOHN E. RAT. 


Bloomsbury Chapter Mrs. Hubeet Haywood, Regent. 

Penelope Barker Chapter Mes. Patrick Matthew, Regent. 

Sir Walter Raleigh Chapter Mes. I. M. Meekins, Regent. 

General Francis Nash Chapter Miss Rebecca Camebon, Regent. 

Roanoke Chapter Mrs. F. M. Allen, Regent. 

Mary Sloeumb Chapter Miss Georgie Hicks, Regent. 

Colonel Thomas Robeson Chapter Mrs. Annie Buie, Regent. 

Tuscarora Chapter Miss Annie Montague. Regent. 

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


Regent 1902: 

Mes. D. H. HILL, Ss-t 

Regent 1902-1906: 


Regent 1906-1910: 

Mes. E. E. MOFFITT. 

*Died November 25, 1911. 
tDied December 12, 1904. 

Monument to Archibald Henderson at Salisbury, Erected by the 
Bar of North Carolina. 

The North Carolina Booklet 

Vol. XVII JULY, 1917 No. 1 

A Federalist of the Old School 

By Abchibald Hendekson. 

"The most perfect model of a lawyer that our bar has produced." 

Abchibald DeBow Murphey. 

Some years ago, Colonel Eichard Benbury Creecy in a fas- 
cinating article entitled, "Our Old Lawyers/' expressed the 
wish that some writer might "place his State and its coming 
sons under a debt of gratitude to him" by preparing "an 
elaborate memorial of the great lawyer, Archibald Hender- 
son, who for many years led a profession in ISTorth Carolina, 
which has always been foremost in its annals and its patriotic 
work." The obituary which was published by his friend, 
Judge Archibald D. Murphey^ presents in classic form and 
high relief his character as publicist. "I venture to think," 
says a distingaiished jurist,^ "that we have had no finer set- 
ting forth of the qualities of a gTeat lawyer and citizen, his 
relations to his profession, the court and the public, than the 
essay of Judge Murphey on Mr. Henderson." Diligent re- 
search has demonstrated, nevertheless, that no consecutive or 
detailed biography of Archibald Henderson has ever appeared 
in print. Memorials of him linger only in that dim region of 
tradition, where lies obscure so much of North Carolina's 

The present monograph, slight though it be, has been under- 
taken in the attempt to supply in some measure an answer to 

*Henry GroA'es Connor. 


the wish expressed by the late Colonel Creecy. Nothing more 
is attempted than to enable the reader to see this man as he 
was viewed by his contemporaries. Authentic biography 
alone can achieve the miracle of illuminating the past with 
the search light of truth and throwing into just perspective 
the temperament, character and genius of those who have lived 
memorably. Perhaps no one, save he were prompted by 
sentiments of filial respect, would have attempted a task which 
offered so many difficulties, especially to one not of the legal 
profession, and promised so little in tangible results after the 
lapse of a centurj^ While this brief biography falls far short 
of the ^'elaborate memorial," of which Colonel Creecy spoke, 
it at least sets forth in ordered form and truthful narrative 
the story, in so far as that story may at this late da}'' be rescued 
from the past, of the life of a man whose name was once 
known in ISTorth Carolina. 


That daring spirit of adventure and the passion for explo- 
ration which drove the early settlers of America to plunge 
into the wilderness and to press resolutely westward across the 
continent, was but the natural expression of the inquisitive 
and acquisitive instincts which brought Captain John Smith 
to Jamestown in 1607, and ultimately to this continent 
the inestimable blessings of civilization, freedom, and reli- 
gious liberty. One of these early adventurers in trying a dar- 
ing hazard of new fortunes upon the American continent bore 
the name of Thomas Henderson. He emigrated to James- 
town from the neighborhood of Dumfries, Scotland, and set- 
tied near Williamsburg, Virginia, in the early years of the 
seventeenth century. Somewhat later he removed to a settle- 
ment known as Yellow Springs near Jamesto^vn. Here he 
fixed his residence, was married, and became in time the 
father of a family of children. One of his sons, Richard, 
was married to Margaret Washer, believed to have been the 
daughter of Ensign Washer, who, together with Captain 


Cliristopher Lawne^ represented in the Virginia House of 
Burgesses in 1619 Captain Lawne's Plantation, afterwards 
kno^WTi as "Isle of Wight Plantation."* Richard Henderson 
subsequently removed to Hanover County, Virginia, where he 
and his wife reared a family of children : one daughter, who 
was married to a Mr. Trevelyan and emigrated to South 
Carolina; and four sons, Edward, Samuel, l^athaniel^ and 

One of these sons, Samuel, who was born in Hanover 
County on March 17, 1700, passed the first period of his life 
in this section made famous in later years through the per- 
fervid oratory of Patrick Henry and the devoted ministra- 
tions of the Rev. Samuel Davies. Among his neighbors was 
the demure young girl, Elizabeth Williams, whose father, 
John Williams, born on January 26, 1679, was a prosperous 
emigTant from Wales. Mary, Elizabeth's mother, who was 
born on September 26, 1684, reared a family of eight chil- 
dren of whom Elizabeth was the sixth. 'No recollections of the 
courtship of Elizabeth Williams by Samuel Henderson are 
preserved ; yet the sentiment of the bride is expressed in the 
pretty incident that she insisted that the day of her coming 
of age, her eighteenth birthday, ISTovember 14, 1732, should 
be her wedding day. At their home, simple as the times, the 
young couple lived the sane and frugal life characteristic of 
the period in Virginia. 

About the year 1740, Samuel Henderson with his family 
emigrated to Edgecombe County, jSTorth Carolina. They were 
among the very earliest settlers in that region. This section, 
known as IsTutbush, from the creek of that name which ran 
through it, was so called, says William Byrd, "from the many 
hazle trees growing upon it." Some idea of the beauty of the 
country is conveyed by Byrd's description of the site of their 
camp four miles from IsTutbush Creek, where the isTorth Caro- 
lina-Virginia dividing line crossed Great Creek. "The Tent 

^Annual Report, American Historical Association, 1S93 : W. W. 
Henry's "The First Legislative Assembl3' in America." p. SOS. 


was pitched upon an Eminence, which overlooked a wide 
Piece of low Grounds, cover' d with Reeds and watered by a 
Crystal Stream gliding thro' the Middle of it. On the Other 
Side of this delightful Valley, which was about a half a Mile 
wide, rose a Hill that terminated the View, and in the figure 
of a Semicircle closed in upon the opposite Side of the Val- 
ley. This had a most agreeable Effect upon the Eye, and 
wanted nothing but Cattle grazing in the Meadow, and Sheep 
and Goats feeding on the Hill, to make it a Compleat Rural 
LAISTDSCAPE." Little more than a decade after the vision 
of this "compleat rural landscape" dawned upon Byrd's lively 
imagination, the fancy became a reality with the coming to 
this beautiful country of the Hendersons, the Williamses, and 
the Bullocks from Virginia. When Byrd penned these words, 
the buffalo still roamed at will through the canebrakes of 
Craven; skilful hunters, like "Epaphroditus Bainton, the 
famous Woodsman," spent all their time in ranging the woods 
and making "great Havock among the Deer, and other in- 
habitants of the Forest, not much wilder than themselves" ; 
and the Virginia and Carolina traders, following the course 
of the Great Trading Path and crossing the Yadkin at the 
Trading Ford, finally reached the towns of the Catawba 
Indians, whom they supplied with "Guns, Powder, Shot, 
Hatchets, (which the Indians call Tomahawks,) Kettles, red 
& blue Planes, Dufiields, Stroudwater blankets, and some Cut- 
lary Wares, Brass Rings and other Trinkets."* 

In 1733, Edgecombe County was erected out of Craven 
County by Governor Burrington and Council. So rapid, 
however, was the emigration from Virginia into this section 
during the period after lY-iO that in 1746 a new county, 
named Granville in honor of John Carteret, Earl Granville, 
and a new parish, named St. John's Parish, were erected out 
of Edgecombe. The reason assigned in the act is : "Edgecomb 
being a frontier county, is now so extensively settled, that the 
public business of the said County and Parish becomes very 

*J. S. Bassett: The Writings of WiUiam Bprd. 


difficult to be transacted."* In the South Carolina Gazette, 
of March 8^ 1768, it is stated: ''A letter from Williamsburgh, 
Virginia, dated October 18, 1767, says: There is scarce a 
history, ancient or modern, which affords such a rapid and 
sudden increase of inhabitants in a back frontier country as 
that of ]*^orth Carolina." Within a decade, Granville's popu- 
lation rose from nothing to some three thousand ; and in 
1746 the courts were organized. One of the very first in the 
county convened at the house of Mr. William Eaton, at which 
were present Doctor James Payne, John Martin, Grideon 
Macon, Samuel Henderson, Justices, March 3, 1746 (O. S.). 
For many years Samuel Henderson served as Justice of the 
County Court; and on March 6, 1754, he received his com- 
mission from the Governor of the Province, Arthur Dobbs, as 
High Sheriif of Granville County. His assistant in the office 
in the capacity of sous-sheriff was his eldest son, Richard, who 
was born in Hanover County, Virginia, on April 20, 1735. 


Richard Henderson's son, Archibald, whose life and career 
here especially engage our interest, was born in Granville 
County, ]S[orth Carolina, on August 7, 1768. From his 
father, the pioneer and expansionist. President of the Colony 
of Transylvania, founder of Boonesborough and ISTashville, 
he doubtless directly inherited the legal acumen and forensic 
brilliance which elevated Richard Henderson at the age of 
thirty-three to the highest court in the colony, and won for 
him the title of the "Patrick Henry of ISTorth Carolina," An 
English contemporary and acquaintance, in speaking of Rich- 
ard Henderson's practice and advocacy as a lawyer in the 
JSTorth Carolina Superior Court, pays him this elevated trib- 
ute : "Even there, where oratory and eloquence are as brilliant 
and powerful as in Westminster Hall, he soon became distin- 
guished and eminent, and his superior genius shone forth with 
great splendor and universal applause." From his mother. 

*State Records of North Carolina, XXIII, 249. 


Elizabeth, the daughter of an Irish nobleman, Lord George 
Kelynge, Archibald derived that refreshing simplicity of 
manner and dignity of demeanor which were signal traits of 
his personality. 

On January 1, 1780, the admirable boarding school in 
Warren (old Bute ) County, known as Springer College, threw 
open its doors. The number of pupils was thirty ; the terms 
were £100 a year, Virginia money, for tuition, £200 a year 
for board, and £14-6s-0d paid ''towards the schoolhouse, fire- 
wood, &c."* This famous academy, situated in an ideal spot 
and healthy locality, drew jDiipils from points as distant as 
Edenton. In this select school Archibald Henderson received 
his early training; and among his schoolmates were John 
Haj^wood, afterwards famous as lawyer, jurist, and historian 
of Tennessee, and Robert Goodloe Harper, afterwards the 
distinguished Federalist, Henderson's colleague in Congress, 
and one of the ablest political leaders of his day. With a 
touch of quiet humor, Judge W. H. Battle in his Memoir of 
Leonard Henderson, Archibald's brother, makes the following- 
observation upon the conditions of rural life in iSTorth Caro- 
lina in that early day : ''It may not be amiss to mention here, 
as an evidence of the simplicity and frugality of the times, 
as well as of the prudence and industry of the matrons of that 
day that his mother, though the wife of one of the highest 
officers of the province, taught her eldest sons, as well as her 
daughters, to card and spin. Why Leonard v/as not instructed 
in the same housewifely accomplishment we are not informed. 
The splendid professional career of one of his elder brothers, 
Archibald, shows that though it might not have advanced, it 
certainly would not have obstructed his upward course to 
fame and fortune, "f 

Following the example, and no doubt the coimsel of his 
father, Archibald Henderson studied law under his close rela- 
tive. Judge John Williams. In the unusually fine library 

*G. J. McRee : Life aud Correspondence of James Iredell, I, 433-4. 
•fNorth Carolina University Magazine, IX, 4 : November. 1S59. 


for that day of Judge Williams, a library especially rich in 
legal literature, he acquired a love of biography, history, and 
general literature. His preceptor \vas j)ronounced by the 
courtly James Iredell "one of the most agreeable men in the 
world" ; and Elkanah Watson, after speaking of "the elegant 
seat of Judge Williams, at JSTutbush," which he visited in 
1Y86, describes Judge Williams as "an accomplished gentle- 
man, possessing high talents, and genuine Southern hospi- 


The distinguished jurist, Spruce Macay, remembered con- 
spicuously as the legal preceptor of two of ISTorth Carolina's 
greatest men, William Richardson Davie and Andrew Jack- 
son, was married to Archibald Henderson's sister, Fanny, in 
Granville County on May 27, 1785. It was through his in- 
fluence that Archibald Henderson was induced to remove to 
Rowan and begin there the practice of the law. As a youth 
iu Salisbury, whither he removed from Granville about 1790, 
he has been described by his acquaintance of that period, the 
singular genius, Dr. Charles Caldwell. In the matured 
opinion of Caldwell, recorded in later life, Archibald Hender- 
son was "possessed of splendid talents and commanding elo- 
quence." He has left the following interesting and graphic 
jjen-picture of Henderson as a young man : 

"Classically and carefully educated from his boyhood, he 
was a man of fine literary taste, an excellent Shakespeare 
scholar, and well versed in English poetry in general; espe- 
cially in that of the highest order. 

"Instead of joining clubs, to eat, drink, joke, and frolic, as 
most of the other men of Salisbury did, he and myself met 
on stated evenings in our studies, to read, converse on, and 
criticise specified w^orks in polite literature, and sometimes 
manuscript articles of our own production. And, from that 

*Men and Times of the Revolution, 252. 

10 THE :n^orth caeolina booklet 

source, we derived not only rational and higli gratification, 
but also valuable improvement in letters."* 

The town of Salisbury in 1786, as described by Elkanab 
Watson, was "a pleasant village^ containing fifty dwelling 
houses. , . . The road to Charlotte, in Mecklenburg 
County, was equal to any English turnpike and traversed a 
beautiful level." The population shortly after the time of 
Archibald Henderson's removal thither is given by George 
Washington in his Diary (1791) as "about three hundred 
souls . . . and tradesmen of different kinds" ; and an 
indication of its gracious social culture is given in Washing- 
ton's words : ''Dined at a public dinner (May 30, 1791) givn. 
by the Citizens of Salisbury; & in the afternoon drank Tea 
at the same place with about 20 ladies, who had been assem- 
bled for the occasion." DistingTiished figTires in the social 
circle in Salisbury, in which Archibald Henderson moved, 
were General John Steele, sometime Representative in Con- 
gress and later Comptroller General of the Currency under 
Washington, Adams, and Jefferson ; General Matthew Locke, 
of titled ancestry, who represented the district in the third, 
fourth, and fifth CongTesses ; Judge Spruce Macay, who pre- 
sided over the Western Circuit, determined and fearless in 
discharging the difiicult duties of his ofiice ; Dr. Samuel Euse- 
bins McCorkle, graduate of Princeton, eminent Presbyterian 
divine and famous teacher; Maxwell Chambers, Commis- 
sioner of the Borough ; William Lee Alexander, student at 
ISTassau Hall and veteran of the Revolution; Captain John 
Beard and Lewis Beard, prominent citizens who had been 
Revolutionary soldiers ; the able Adlai Osborne, and Dr. 
Charles Caldwell, afterwards eminent as physician and 

Archibald Henderson displayed the most genial interest in 
the development of the ambitious young men of his acquaint- 
ance in Rowan. In particular, he freely extended to them 
the benefits of the admirable and carefully selected library 

^Autobiography of Charles Caldivell, '7S-9. 


which he began early to collect. In an authoritative account 
of his own career, prepared under his immediate supervision, 
John Hardy Steele, who was born in Salisbury and in mid- 
dle life became Governor of jSTew Hampshire, pays him the 
following graceful tribute of gTatitude : 

^'Young Steele's mother being a widow, and in straightened 
circumstances, he had no time for the amusements common to 
childhood, and but little for study and reading. He is greatly 
indebted to Archibald Henderson, Esq., at this time and for 
years after a successful and highly esteemed lawyer, for a 
taste for reading and a thirst for practical knowledge, which 
has been not less remarkable in after life than his thorough 
devotion to the sterner labors, which he was never known to 
neglect. The Governor has been often heard to say that there 
are no more pleasant and gTateful recollections connected with 
the trying years of his early life, than those which cluster 
around the oifice and ample library of Mr. Henderson, where 
a benevolent smile and word of encouragement were always 
sure to gTeet him."* 


During the closing decade of the eighteenth century, while 
he was forging to the forefront of the legal profession in 
I^orth Carolina, Archibald Henderson was rapidly developing 
those mental powers which caused him to be described by the 
late Col. E. B. Creecy as ''the foremost advocate and orator 
at our bar." After his first removal to Salisbury and a 
sojourn of a few years there until 1795, he returned to Gran- 
ville, where he served as Clerk and Master in Equity of the 
County Court in 1795-6-7-8. In 1798 he once more removed 
to Rowan and made Salisbury his permanent home. 

There is no record of any likeness of him having ever been 
made. He would doubtless have regarded such a thing as a 
weak concession to personal vanity. From the personal 
reminiscences of his acquaintances, we know that he was a 

*For this sketch of Governor Steele I am indebted to Judge Benja- 
min Smith, of Clinton, Mass. 


large man physieally, with noble forehead, aqniline nose, 
compressed lips, firm-set jaws, somewhat elongated chin, and 
an open countenance kindly and benignant in expression. 
"Rhetorical,'' "winning," "ready," eloquent," and "effectiye" 
are the precise adjectiyes which his acquaintances haye em- 
ployed to describe his qualities as an adyocate. Endowed with 
the temperamental geniality which distinguished his father, 
he readily won the good-yv'ill as well as the admiration of his 
acquaintances. His wide popularity was in no small measure 
due to his firm belief, frequently expressed and habitually 
put into practice, in the wisdom of "forming an intimate 
acquaintance with mankind, and particularly with the middle 
and lower classes of people, their passions, feelings, preju- 
dices, modes of thinking and motives of action." 

Before the age of thirty, he came to be widely kno^m, not 
only in the Salislbury District, but throughout the State, as 
an ardent Federalist, For Washington he cherished bound- 
less reyerence ; the brilliant qualities of Burr excited his pro- 
found admiration ; and Adams found in him a staunch ad- 
herent. With strong and outspoken convictions, he quickly 
became a marked man ; and he was urgently petitioned by his 
friends to present himself as a candidate for Congress — a 
step not a little contrary to his natural inclination. Pitted 
against an able opponent, the Hon. Matthew Locke, who had 
served as Representative in Congress since 1792, he was 
elected to Congress at the age of thirty in the summer of 
1798. The followin.o; letter from President Adams to General 
John Steele furnis 
political situation : 


John Steele furnishes an interestino-, if brief, comment on the 

Quincy Sept 4 179S 

I have reed your favour of Aug. 29 inclosing tlae Resolutions and 
Address of Bladen County in N. Carolina. A more excellent address 
lias not appeared. A few words in answer I return to you witli the 
Address that you may publish them in the Papers, if you please. 


The Election of Mr. Henderson is very honourable to him and his 
Constituents. If the inveterate Phalanx should be broken our Coun- 
try will triumph. 

With sincere Esteem I have the honor 

to be Sir your obliged servant 

John Adams. 
John Steele Esqr. 
Comptroller of the 
Treasury at Trenton. 

At this election nve other men were elected as Federalists 
from Xorth Carolina : William Barrj Grove, Joseph Dickson, 
William 11. Hill, Richard Dobbs Spaight, and David Stone. 
The Hon. Charles Lee, Member of Congress from Virginia, 
writing to James Iredell in September, 1798, observes: "The 
change in jSTorth Carolina is most pleasing, and with so good 
an example before Virginia, I trust this State will amend her 
representation also." The jSTorth Carolina Federalists won a 
signal success in electing as Governor of the State the dis- 
ting-uished William E. Davie, who was inaugurated on Janu- 
ary 1, 1799. This triumph of Federalism in JSTorth Carolina 
was to j)rove but short-lived ; the star of Jefferson and Demo- 
cracy was steadily rising. On this account, it is especially 
deserving of remark that the strong Federalist rally in West- 
ern !Morth Carolina was principally due to the powerful per- 
sonal influence of Archibald Henderson. A cooperative in- 
fluence was the recrudescence of the historic antagonism of 
the whole western portion of the State to the political domina- 
tion of the "East." 


On December 2, 1799, Mr. Henderson appeared at Phila- 
delphia, presented his credentials, and took his seat at this, 
the flrst session of the sixth Congress of the United States. 
He carried to Philadelphia with him his attractive little 
niece, who afterwards became the wife of the Hon. William 
C. Love, of Salisbury. In token of his solicitude for the 
little Elizabeth Macay, his sister Fanny's daughter, these 
words from a letter to Spruce Macay, her father, of March 


23, 1800, are deserving of quotation: "I am now sitting in 
my chamber with Betsy at my side. She is very well and has 
made handsome progress in her studies. I have frequently 
taken her to the theatre, and it would astonish you to see how 
she is pleased with the performances. I had anticipated your 
wishes in placing her to a dancing school before the receipt of 
your letter. I propose to set off with her to Bethlehem next 
Saturday week." Doubtless Betsy was placed in some noted 
school, perhaps under Moravian control, at Bethlehem. 

From the very beginning of his term in CongTess, Mr. 
Henderson exhibited a lively interest in public questions and 
busied himself actively in the duties of his office. On Decem- 
ber 5, 1799, he was appointed a member of the important 
Committee of Elections; and on January 13, 1800, he was 
designated a member of the committee instructed to examine 
into the political system by which the Mississippi territory 
was governed. The subject which especially engaged his at- 
tention was the reform of the judiciary system then under 
consideration. This matter had been forcibly brought to his 
attention when President Adams, in addressing the Congress 
upon its opening (December 3), had impressively said: ''To 
give due effect to the civil administration of government, and 
to ensure a just execution of the laws, a revision and amend- 
ment of the judiciary system is indispensibly necessary. In 
this extensive country it cannot but happen that numerous 
questions respecting the interpretation of the laws of the 
rights and duties of officers and citizens must arise. On the 
one hand, the laws should be executed; on the other, indi- 
viduals should be guarded from oppression. ISTeither of these 
objects is sufficiently assured, under the present organiza- 
tion of the judicial department." On December 9, the ques- 
tion of "a revision and amendment of the judiciary system" 
was referred to a committee with leave to report by bill ; and 
the general problem of the better establishment and regaila- 
tion of the courts of the United States assumed gTeat impor- 
tance at this and the next session of Confess. The commit- 


tee consisted of Mr, Robert Goodloe Harper, of South Caro- 
lina; Mr. Chaimcey Goodrich, of Connecticut; Mr. James A. 
Bayard, of Delaware; Mr. John Marshall, of Virginia; and 
Mr. Samuel Sewall, of Massachusetts. 

In speaking of the discussion set for March 24, 1800 — at 
which time the House resolved itself into a committee of the 
whole House on the bill — Henderson writes to Macay: 

"We shall enter upon the consideration of the Judiciary 
Bill tomorrow. Those persons who are best informed are of 
opinion it will not pass at this session of Congress. I am 
fearful it will not, but I think the chance by no means des- 
perate. We have a number of gentlemen here who do not make 
the expediency and propriety of a measure proposed the rule 
of their political conduct, but are calculating what effect the 
plan proposed will have on the people. They will acknowl- 
edge that the thing itself is wholesome and necessary for the 
publick good but they are apprehensive that the sovereign 
people will not be pleased. I confess for my own part that I 
am tired of this dismal clamor about the people. I respect 
them as much as any man but I am not for sacrificing my own 
judgment and opinion together with their essential interest to 
the intemperate bowlings of a few demagogues. I believe 
that the dearest Interests of our Country require that a radi- 
cal change be made in the mode of administering Justice. 
That change will no doubt create some additional expense at 
which the popular leaders of the day will eagerly lay hold 
of to render the measure odious. I conceive myself legislat- 
ing on this important occasion not for the pursuit of only 
bare popularity. It is of the utmost importance to the interest 
of America that it should establish a system of administering 
Justice which will secure a speedy and impartial determina- 
tion of causes brought into the courts and which will make 
the expense incident to litigation as small as possible. I am 
of the opinion that the plan proposed is the result of deep 
reflection and much labor, and is admirably calculated to pro- 
mote these desirable objects." 


On Friday, March 28, after several sessions of the com- 
mittee of the whole House, the bill was re-committed to the 
original committee. The bill which was reported by this 
committee became the foundation of the act that was adopted 
in 1801. 


It was Mr. Henderson's fixed intention to return to the 
practice of the law, to which his genius was best suited, at the 
expiration of his first term in CongTess, In pursuance of this 
intention, he published the following notice in The North 
Carolina Mercury and Salisbury Advertiser, issue of June 5, 
1800, and several succeeding issues: 

To the Citizens of the counties of Rowan, Iredell, Meck- 
lenburg, Cabarrus and Montgomery. 

A period is fast approaching when j'ou will be called upon to elect 
from among yourselves, a person to represent you in the next Con- 
gress of the United States. And as it may be supposed that I shall 
again offer my services unless a declaration to the contrary is made, 
I feel mj^self bound thus early to inform yovi that I shall not be a 
Candidate at the ensuing Congressional Election. It is not neces- 
sary that I should detail the reasons which have led to this determi- 
nation ; I assure you Gentlemen, that they have not originated in a 
want of a due appreciation of the distinguished honor you have con- 
ferred on me in a measure so flattering, nor from disinclination to 
devote my time to the service of a people whose peace and happiness 
are the first wish of my heart. 

I have the honor to be, 


with great respect. 

Your most obedient, 

humble servant, 

A. Hendekso::^. 
Philadelphia, 15th April, ISOO. 

The candidates for the seat were Mr. Henderson's com- 
petitor in 1798, the Hon. Matthew Locke, and a Mr. Mussen- 
dine Matthews, who for ten years had represented Iredell 
County in the lower house of the General Assembly. In the 


above-mentioned newspaper, issue of June 12, appeared a 
letter signed "A Country Farmer's Son," urging tlie election 
of Locke : 

"At a time as critical as the present, my fellow-citizens, we ought 
to be extreamly cautious who we elect to fill that important trust. 
We ought to send the man prone to virtue, the man of experience, 
and the man of sense. Let us state a question with regard to Mr. 
Locke. Is not he the Gentleman possessed of these charming quali- 
fications? Yes certainly he is. Has he not served his country in 
the General Assembly of this state almost ever since the American 
war until the year '93? Since that until Aug. 4, 1799, he has served 
in a higher capacity, viz. a member of Congress six (?) successive 
elections he was the choice of the people, and by his goodness and 
wisdom conducted so, as not to merit a frown from a single indi- 
vidual. At the election of '98. when Archibald Henderson, Esq., op- 
posed Mr. Locke, and for sentiments, and policy, which ought to have 
done our representative immortal honour, he was ousted from an 
ofiice which he had served with dignity and unfeigned goodness. But 
such is human nature — not long contented with the same, as fond to 
elect him in. and as apt to elect him out. A number of the ignorant 
were under a gross mistake with regard to Mr. Locke's politics. 
They supposed him a friend to the French and its government in 
defiance to his own." 

This unknown champion highly praised the "wisdom, ex- 
perience and virtue" of Mr. Locke, and vehemently repelled 
the insinuation that he had been a "traitor to his country," 

In explanation of the grounds for his candidacy^ Mr. Locke 
issued an "Address to the freemen of the Counties of Kowan, 
Iredell, Cabarrus, Mecklenburg and Montgomery," saying 
among other things: 

"I declare myself a real friend to the Federal government, 
and a zealous defender of the Constitution, which I have often 
sworn to support, but do not implicitly rely upon a belief that 
all the present measures of Government have been wisely 
adopted, and impartially administered; but do believe that 
millions of dollars have been expended that ought to have been 

He declared his consistent opposition to all measures which 
have "a tendency, unnecessarily to oppress the citizens or 


enslave posterity," and expressed the belief that "on a fair 
investigation of my political conduct, whilst in your service, 
I shall stand acquitted from the calumny raised against me 
in my absence, to which I impute the result of my last unsuc- 
cessful attempt." 

The reasons which actuated Mr. Henderson to reconsider 
his original decision not to be a candidate are set forth by 
him in a letter to Mr. Walter Alves of Hillsborough (July 
28, 1800), recently discovered. Clearly the desire to 
strengthen the Federalist party was the controlling motive in 
his final decision. For in the perfervid language expressive 
of the vehement political feeling of the time, he says to 
Alves : "Let us, my dear Sir, exert ourselves not only to save 
our common Country from impending ruin but to raise our 
own state from that low point of depression to which she has 
been sunk by the acts of factious and designing men. Every 
vote which Jefferson will get in this state is a blot upon our 
reputation." More explicitly concerning his own candidacy 
he says : 

"Since my return I have been prevailed upon by ttie solicitations 
of a number of respected men in this district to suffer my name to 
be held up as a candidate for a seat in the next Congress. I am 
opposed by Matthews and Locke. It is supposed by my friends that 
I shall be elected ; for my own part, I think it doubtful. The dis- 
trict is Federal and would have elected me by a large majority had 
It not been for the public declaration which I made, expressive of 
my intention to decline to hold a poll. This circumstance, together 
with that of General Smith* having offered his service and then 
withdrawing in my favor, are taken hold of by my opponents and 
managed with much dexterity to my disadvantage." 

The return of the poll, as published in Francis Coupee's 
newspaper of August 21, was as follows: 

*Presumably General John Smith, whose son Robert had repre- 
sented Cabarrus County in the lower house of the General Assembly 
in 1794, 1795, 1796, and 1799. 

























1922 1131 845 

Majority for Henderson, 791. 


During the closing months of John Adams' administration 
there was passed (Febrnary 13, 1801) the act known as the 
Circuit Court Act or the Judiciary Act of 1801. The neces- 
sity- for relieving the justices of the Supreme Court from the 
arduous duties incurred in riding the circuit had been urged 
for a decade. It was vigorously maintained by the Republi- 
cans that the amount of business before the courts of the 
United States had actually begun to decline ; and it was there- 
fore urged by them that the increased expenditure provided 
for was not warranted by existent conditions. The charge 
was forcibly made that the enlargement of the judiciary "was 
only effected for the purpose of keeping the Federalists in 
control of the judiciary for a long time to come." Adams 
came in for severe censure, both for the character of the ap- 
pointments and the making of "midnight appointments" dur- 
ing the closing hours of his term of office. While the number 
of districts having a court presided over by a district judge 
was increased from seventeen to twenty-two, no provision was 
made for the appointment of new judges. Sixteen additional 
judgeships were provided for under this act — three each in 
five of the six circuits into which the twenty-two districts were 
classed, and one in the remaining district. Instead of in- 
volving an additional cost of $137,000, as assumed in the 
later debates on the judiciary act, the sixteen new judgeships 
represented an increase of less than $50,000.* The Repub- 

*For a succinct contemporary account of the measure and the 
reasons advanced by the leading Federalists for its adoption, compare 
"Robert Goodloe Harper to his Constituents," February 26, 1801: 


licans certainly had some groiiiid for the feeling that the in- 
creased expenditure was unnecessary; and factional feeling 
ran high over the uniformly partisan character of the ap- 
pointments. Mr. Henderson, who fully endorsed the measure, 
says in a printed '^Letter to his Constituents," issued from 
Washing-ton, February 28, 1801 : 

"By the late judiciary system, the judges of the supreme court 
were required to hold, in every year, two courts at the seat of govern- 
ment, and tvpo courts in each of the states. To perform this duty, 
it was necessary for them to be almost continually traveling ; they 
had no time for study and reflection, and the fatigue was so great, 
that it is impossible for men advanced in life, to continue long equal 
to the task. It was found that we must either drive from our ser- 
vice the most able and experienced men in the nation, or so modify 
our judicial system as to make it less burdensome to the judges. 
When we reflect that all which is dear to man, his liberty, his prop- 
erty, his reputation, are placed in the hands of the judges — when we 
reflect that the character of the nation is intimately connected with 
the prudence and ability of its courts, it is confidently believed, that 
few men can be found who will hesitate to say that it is of the first 
importance that this high trust should be confided to men pre-emi- 
nent for talents and virtue. It is moreover to be observed, that 
under the former system, some of the districts were so large as to 
render it very inconvenient and expensive for suitors, jurors, &c., to 
attend the courts. This evil has, in some measure, been remedied by 
dividing the large districts. The law divides the United States into 
six circuits ; in each of those circuits three judges are to be ap- 
pointed, who are called circuit judges, and are to hold courts twice 
a year in each district in their respective circuits. In all cases above 
the sum of 2,000 dollars, an appeal lies to the supreme court, which 
is to set twice a year at the seat of government. This court is to be 
composed of the present judges of the supreme court, who are not 
to perform any circuit duties, but are to try all cases where, by the 
constitution of the United States, the supreme court has original 
jurisdiction, and appeals which may be brought up from the inferior 
courts. Courts of admiralty and maritime jurisdiction are established 
in the several districts. In the district of North Carolina they are to 
be holden at three different places, three times a year, to wit : at 

Annual Report American Historical Association, 1913. II, 137-140. 
Writing to Walter Alves of Hillsborough on March 30, 1801. Hender- 
son says: "I have put into the hands of Mr. (Duncan) Cameron for 
your use a Letter from Mr. Harper to his constituents. It certainly 
merits the attention of every American Patnot." See also Mas 
Farrand : "The Judiciary Act of 1801," American Historical Review, 
V, 682-6. 


Wilmington, Newbern, and Edenton. Tliis duty, in most cases, is to 
be performed by the district judges, tliougli in some instances the 
circuit judges will hold admiralty and circuit courts. This is an 
outline of this important law — and I am sure that the additional 
expense will be cheerfully paid by the people of the United States, 
when they consider the immense advantage of having an able, pure 
and impartial administration of justice, and that to attain this great 
object throughout our extensive country, a considerable expense must 
necessarily result." 


The first great national issue in Congress which Hender- 
son was called upon to meet arose in connection with the 
famous conjuncture over the tie between Jefferson and Burr, 
which was announced to both Houses on February 11, 1801. 
Whereas both men were professed Democrats, Burr was be- 
lieved by the Federalists to be far nearer in spirit to them 
than his political designation would indicate. Moreover, they 
believed him to be possessed of sufficient ambition to prompt 
him to accept with complacency the office of the presidency at 
the hands of his political opponents. Writing from Washing- 
ton to Walter Alves of Hillsborough on January 2, 1801, 
Henderson interestingly sets forth the views of the Federal- 
ists at this critical juncture : 

"You have learned that Jefferson and Burr have an equal number 
of votes. The great business of making a President devolves upon 
the house of Representatives. The Federalists view the election of 
Jefferson as the most serious evil which can happen to America. In 
fact I am every day more and more convinced that he is altogether 
unqualified to be at the head of a great nation. I assure you Sir 
that it is impossible to give you a correct idea of the serious and 
alarming state of things. The friends of order, religion, and gov- 
ernment fear that all is lost and that America is to see another 
proof of the fallibility of Republican governments. We mean to 
make a stand and endeavor to elect Burr. He is not our choice, but 
we think him infinitely preferable to Jefferson. He is a bold, prac- 
tical, energetic politician of great talents and unbounded ambition — 
and is at heart no democrat.'" 

Considerable excitement prevailed throughout the country 
during the course of the long intrigaie and the series of suc- 
cessive ballots that were taken. In the event, there was a 


general feeling of satisfaction — the conviction that substan- 
tial justice had been done — when Jefferson was finally elected, 
by ten States, on the thirty-sixth ballot. On the first ballot, 
the vote of ISTorth Carolina was cast for Jefferson ; and three 
of the Federalists from N'orth Carolina voted for Jefferson. 
After the first ballot, the ISTorth Carolina Federalists gener- 
ally voted for Burr. It has been stated, in authoritative pub- 
lications, that Henderson, although elected as a Federalist, 
supported Jefferson for President,* J^othing could be fur- 
ther from the truth. After describing in detail the progTess 
of the balloting, Henderson says in a letter to his constituents : 

"The federalists supported col. Burr, and the democrats Mr. Jeffer- 
son ; it is known that neither of those gentlemen are acceptable to the 
federalists ; but of the two they prefer col. Burr. 

"The supporters of Jefferson declared they would continue to 
vote for him until the 4th of March, and risque the consequence of 
having no President, or in other words, that they would dissolve the 
government if the man of their choice were not chosen. The federal- 
ists think that a weak and inefficient government is better than no 
government at all, and preferred having Mr. Jefferson President, 
exceptionable as he is, to anarchy and confusion. It is certainly my 
duty to inform you. and from it I shall not shrink, that through the 
whole of this transaction, I uniformly voted for col. Burr. I did so 
under a conviction that he was the best qualified of the two candi- 
dates to promote the honor, peace and happiness of the nation. I 
shall forbear to say what I think of Mr. Jefferson ; he is now on the 
eve of being chief magistrate of the nation ; respect for the office he 
is to fill, and not for the man, forbids me to make any comments on 
his character. It is possible that I may have formed a false estimate 
of his worth. A few years will convince the American people, 
whether those who have heretofore conducted their national affairs 
merit their confidence and esteem, or not." 


Archibald Henderson's most conspicuous achievement dur- 
ing the period of his congressional service, which came in his 
second term, was his speech on the repeal of the Federal 
Judiciary Act, delivered in the House of Representatives on 
February 16, 1802. The indignation of the Republicans over 

'^National Cyclopaedia of American Biography, VII, 215. 


the passage of the Judiciary Act of 1801 found vigorous ex- 
pression at the very beginning of Jefferson's administration. 
As early as March 16, 1801, William Branch Giles, of Vir- 
ginia, advised Jefferson that "the only check upon the judici- 
ary system as it is now organized and filled, is the removal of 
all its executive officers indiscriminately." Again, on June 
1, he informed Jefferson that, in his judgment, "no remedy" 
was "competent to redress the evil, but an absolute repeal of 
the whole judiciary system, terminating the present offices, 
and creating an entire new system defining the common law 
doctrine, and restraining to the proper Constitutional extent 
the jurisdiction of the courts."* The most powerful demand 
for the repeal of the act came from Kentucky; and John 
Breckinridge, who then represented Kentucky in the United 
States Senate, was deluged with letters from his constituents, 
urging a change in the judiciary system. Upon his solicita- 
tion, the brilliant John Taylor of Caroline, set forth at 
length, in a private letter recently published, the arguments 
which became the basis of the repeal of the act of ISOl.f 

Because of his signal ability as an advocate, his gTeat elo- 
quence, and his reputation as a student of constitutional law, 
Archibald Henderson was chosen to lead the debate for the 
Federalists, among whom were such distinguished figTires as 
James A. Bayard, of Delaware, and Roger Griswold, of Con- 
necticut. The argument foreshadowing the outlines of Hen- 
derson's speech are tersely expressed in his letter to Samuel 
Johnston, a leading North Carolina Federalist, of January 
24, 1802: 

"The Indepenclence of our Judges is about to be destroyed and the 
Constitution of our Country trampled under foot. The Law passed 
at the last session of Congress for the better organization of the 
Courts will be repealed and the Judges stript of their office. If any 

*Jefferson MSS., Library of Congress. Cited in D. R. Anderson : 
William Branch Giles. 

fBreckinridge MSS., Library of Congress, Dec. 22, 1801. Cited in 
W. S. Carpenter : Repeal of the Judiciary Act of 1801. ''American 
Political Science Review," IX, 3. Aug., 1915. 


one political truth has been established by experience it is that life 
and property can only be safe under a system of Government, in 
which the Judges are placed above the influence, which results from 
a dependence on the will of others for their continuance in oiEce. 
No part of the Constitution is expressed in more simple, plain and 
appropriate language than that which establishes this independence. 
How daring then, how criminally daring must that hand be which 
to gratify the spirit of Party and to satiate revenge can pollute the 
sacred Charter containing this principle so replete with human hap- 
piness and so admired by the wise and virtuous of all nations?" 

Mr. Henderson's speecli on the repeal of the Judiciary Act 
of 1801 was one of the '^selections" in the Readers used by 
school children in the South in ante-bellum days ; and it was 
often chosen as a subject for declamation in the school exer- 
cises. This speech has been described by the biographer of 
IsTathaniel Macon as ''the ablest speech that had ever been 
offered by a North Carolinian on the floor of Congress."* So 
powerful was tlie impression produced in Congress by this 
speech that it drew from ISTathaniel Macon, a ISTorth Caro- 
linian of the opposite party, the longest and most represen- 
tative speech ever delivered by him in the course of his ex- 
tended political career. In regard to the action of the JSTorth 
Carolina Assemblv, in instructing its Senators and recom- 
mending to its Representatives to have the Judiciary Act of 
1801 repealed, Henderson resolutely proclaimed his refusal 
to be instructed, averring that he did not pray "thy will, not 
mine, be done" to the IS'orth Carolina Assembly. Professor 
Dodd describes the closing remarks of his speech as "worthy 
of Fisher Ames." In speaking of Henderson's public career, 
Dr. Charles Caldwell says : '"He once allowed himself to be 
elected a representative to Congress, where he gTeatly dis- 
tinguished himself, especially by his speech on the judiciary 
question.'' The position taken by Henderson, as exponent of 
the Federalist view, possesses exceptional interest in view of 
the extraordinary fact that down to the present time, no 
judicial review of the repealing act has even been had; and 

*William E. Dodd : 'Nathaniel Macon, 402. 


indeed, the constitutionality of the act has been challenged by 
SO eminent an authority as Justice Story.* 

The situation, as viewed by the Republicans, was most 
effectively stated by Jefferson himself: '"^They (the Federal- 
ists) have retired into the judiciary as a stronghold. There 
the remains of federalism are to be preserved and fed from 
the Treasury ; and from that battery all the works of republi- 
canism are to be beaten down and destroyed." Actuated by 
such a belief, the Republicans passed the repeal bill by a 
majority of one in the Senate and by a vote of fifty-nine to 
thirty-two in the House. The dejection of the Federalists is 
expressed in the letter of James A. Bayard, the Federalist 
leader, to Andrew Bayard, January 21, 1802: "This de- 
cision (repeal of the judiciary law) I consider as an event 
which cannot be too much lamented. It establishes a princi- 
ple fraught with the worst consequences under such govern- 
ments as exist in the United States. The independence of the 
judiciary power is prostrated. A judge instead of holding 
his office for life will hold it during the good pleasure of the 
dominant Party. The Judges will of course become Parti- 
zans, and the shadow of Justice alone will remain in our 
Courts."'!' Archibald Henderson was profoundly shocked by 
this "work of destruction," as he termed it. He found a 
congressional career little congenial to his tastes; and, also 
influenced by the fact that his wife preferred Salisbury to 
Washington as a place of residence, he followed his original 
intention expressed at the expiration of his first term, and 
declined to stand for Congress again as the representative of 
the Salisbury district at the next election. His feelings at this 
time, voiced in the effusive langTiage of the period, are be- 
trayed in a letter to Samuel Johnston of April 2Y, 1802 : "I 
hope their sitting (Congress), will long be remembered by the 
American People. The work of Virtue, the toil of Wis- 
dom — the American Government — has fallen into ruin. The 

*8t07-y on the Constitution, II, 401. 

f Correspondence of James A. Bayard : Annual Report American 
Historical Association, 1913, II, 146. 


fatal blow is struck. I fear it is now impossible to arrest the 
arm of power. It is probable that I view the acts of the 
Majority with a prejudicial eye; perhaps the conflict of party 
and irritation of debate may have disqualified me from taking 
a calm survey of their measures. But my impressions are 
that nothing but ruin and misery await the deluded people of 
this once happy Country." 


Another important issue arose during the period of Hen- 
derson's service in Congress, in connection with the continu- 
ing in force of the Sedition Act. Ever since 1798, when the 
Alien and Sedition Acts were passed, the Republicans led by 
Jefl^erson had vehemently protested against them as instru- 
mentalities designed by the Federalists to centralize the gov- 
ernment, if not to establish a monarchy. Protests came from 
many parts of the country, notably from the Middle States 
and the South, in behalf of '^freedom of speech" and "liberty 
of the press." On February 21, 1801, in anticipation of the 
expiration of the Sedition Act on March 3, an attempt was 
made to renew and continue the most effective portion of the 
act. Men of the stamp of Henderson and his boyhood school- 
mate in Granville, Robert Goodloe Harper, regarded the Act 
as "the one barrier that stood between Democratic fury and 
public liberty."* In an "Address to his Constituents" of 
February 28, 1801, which is a model in political exposition 
and forthright candor, Henderson lucidly sets forth his views 
concerning the subject : 

"A bill to continue in force that part of the act commonly called 
the Sedition Law. which declares, 'that if any person shall write, 
print, utter or publish, or shall cause or procure to be written, 

*"I wish." said Harper, on January 21, ISOl. in one of his last 
speeches in Congress, "to interpose this law between the freedom of 
discussion and the overbearing sway of that tyrannical spirit by 
which a certain political party in this country is actuated, which 
arrogates to itself to speak in the name of the people, knows neither 
moderation, mercy, nor justice, regards neither feeling, principle, nor 
right, and sweeps down with relentless fury all that dares detect its 
follies, oppose its progress or resist its domination." The party re- 
ferred to is, of course, the Republican party. Compare C. W. Sum- 
meiwille : Robert Goodloe Harper. 


printed, uttered or published, or shall knowingly and willingly assist 
or aid in writing, printing, uttering or publishing, any false, scanda- 
lous and malicious writing or writings against the government of the 
United States, or either house of the Congress of the United States, 
or the President of the United States, with intent to defame the said 
government, or either house of the said Congress, or the said Presi- 
dent, or to bring them or either of them into contempt or disrepute, 
shall be liable to punishment,' has been rejected by the House of 
Representatives. As I am one of those who voted for a continuance 
of this law, I shall take the liberty of offering my reasons for this 
conduct. The law punishes only those who write or print malicious 
falsehoods against the government, or its officers. It is said that this 
law is a violation of that part of the constitution which says, 'That 
Congress shall make no law respecting the establishment of religion, 
or prohibiting the free exercise thereof; or abridging the freedom of 
speech or of the press.' Gentlemen opposed to the law contend, that 
any restraint upon the press is an abridgement of its freedom. The 
words freedom of the press mean, in their true technical import, an 
exemption from any controul previous to its publication ; or in other 
words, that every person may be at liberty to publish anything he 
pleases, without consulting the will of any person. In this manner 
the phrase has been understood for ages ; its meaning is as . well 
ascertained as that of any word in our language ; but it was never 
contended until lately, that the person who was thus at liberty to 
write and publish, was not answerable for the abuse of this liberty. 
As well might a man complain that the LIBERTY of speech was 
abridged, because he could not be at LIBERTY to tell scandalous 
and malicious falsehoods of his neighbor ; or that the freedom of 
action was restrained, because he could not be permitted to beat, 
wound, and abuse every man he meets on the highway. No man can 
be punished under this law who does not publish a wicked, malicious 
and scandalous falsehood, with intent to bring the government of the 
United States into disrepute, and knowing it to be false at the time 
of its publication. Is there an honest man in the nation who wishes 
for this privilege? 

"I am sensible there is not. 

"It is then said, by gentlemen inimical to the law, that though it 
may be true that Congress have the power of passing such an act, it 
is inexpedient and improper to exercise this power ; that the govern- 
ment cannot be injured if its acts are just and proper, by any misrep- 
resentations or falsehoods. This doctrine would be true were all the 
people placed in a situation to judge correctly for themselves. But 
you know Sir, this is impossible ; the people must be informed 
through the medium of the public prints, and if those prints teem 
with falsehoods and malicious abuse, they will be deceived ; and 
instead of forming just opinions they will be constantly led astray. 
Will it be said that they can tell what is false and what is not? 


How, I beseech you, are they to distinguish ; facts are stated in the 
papers as true, and we are gravely told, that citizens five hundred 
miles distant from the seat of government are able to know that 
they are false. I am convinced that no government can exist for any 
length of time if it is continually abused by malicious slanderers, 
without having the power of punishing them. I believe it is as essen- 
tial to its existence to have this power, as it is to have the power of 
suppressing insurrection or repelling invasion ; under this impres- 
sion, I voted for making the law perpetual. You, sir, and my con- 
stituents will judge of the propriety of this vote."* 


The author of ''The Defence of ISTorth Carolina," in the 
introduction to that work, vigorously maintains that Thomas 
Jefferson ruthlessly smothered the highest public spirit in 
North Carolina. "Mark the history of his influence among 
us. In 1801, the period of his boasted victory, what was the 
condition of our State ? Who were her great men ? — who her 
political leaders t Governor Johnston, General Davie, James 
Iredell, Alfred Moore, Archibald Henderson, were among the 
signs of our political zodiac, whose lustre was obscured by the 
ascent of this most 'maligTL influence.' The virtue and ability 
of the State, which had opposed the elevation of Mr. Jeffer- 
son, were overlooked and thrust aside, to make way, let his- 
tory say for whom." Somewhat more than a modicum of 
truth lurks in the exaggerated statement of Jo. Seawell Jones. 
The movement set on foot by General Davie, in correspond- 
ence with General John Steele, in 1801, was designed to 
establish a firm basis for Federalism in I^orth Carolina. As 

*Iu this connection should be read a similar "Letter to his Con- 
stituents" of February 26. 1801, written by Henderson's childhood 
friend and schoolmate. Robert Goodloe Harper, in which he says : 
"I voted for this continuation (of the Sedition Act) and supported 
it with all my might ; because I considered the law as highly proper 
and beneficial, in respect both to the government and the people ; for 
while, on the one hand, it provides for the punishment of those who 
publish false, scandalous and malicious libels against the govern- 
ment, on the other, it enables persons who are indicted for libels, to 
give the truth of the matter in evidence for their justification, which 
the common law forbids, and limits the fine and imprisonment, which 
by the common law is wholly in the discretion of the court." For the 
full text of this and many similar letters by Harper, compare Annual 
Report American Historical Association, 1913, II. 


the result of Federalist activities, the Raleigh Minerva be- 
came the party organ in 1802; and a fund was to be raised 
for its maintenance through the efforts of such Federalist lead- 
ers and supporters as Archibald Henderson, Duncan Cam- 
eron, William R, Davie, William Barry Grove, John Moore, 
and others. This plan, as stated by Cameron, had "for its 
end the noble objects of suppressing falsehood and disseiui- 
nating truth, of subverting the wild and visionary projects 
and opinions of Democracy and advocating in their place 
sound, substantial, practical principles of Federalism."* The 
four Federalists in Congress, Archibald Henderson, William 
Barry Grove, John Stanly, and William H. Hill, in accord- 
ance with a position which had been that of the ISForth Caro- 
lina Federalists since the adoption of the Constitution, re- 
fused to be instructed by the Republican legislature to sup- 
port the plan for the repeal of the Judiciary Act of 1801 ; 
and this refusal was voiced in Congress by Henderson. f 
General John Steele, IsTorth Carolina's leading Federalist at 
Washington not in Congress, who had held the position of 
Comptroller General of the United States Treasury under 
Washington and Adams, and was retained in office by Jeffer- 
son, withdrew from his post late in the autumn of 1802, 
against the protests of both Jefferson and ISTathaniel Macon. 
In the summer of 1803, General Davie "stood for Congress" 
against Willis Alston, a pronounced Democrat ; and a vigor- 
ous contest ensued. And yet, as Professor Dodd • observes, 
"the newspaper plans of Duncan Cameron and others, the 
'hue and cry,' as Macon says, raised in defense of the Con- 
stitution, which was so endangered ; the retirement from tacit 
support of Jefferson of Gen. John Steele, and the violent 
campaign in favor of so prominent a man as General Davie, 
all came to nought in 1803.":}: Davie was defeated and 
retired from politics; while Grove, Stanly and Hill, who had 

♦Nathaniel Macon Correspondence. John P. Branch Historical 
Papers, III, No. 1. 

■f Annals of Congress; 7th. Congress, 1st Session, 530. 
JW. E. Dodd : Life of Nathaniel Macon, 


voted against the repeal of the Judiciary Act in 1802, were 
all defeated, each being superseded by a Republican. This 
overwhelming defeat dealt Federalism in North Carolina a 
blow from which it never recovered.* 

' 'During his two terms in Congress," says Judge W. H. 
Battle in speaking of Archibald Henderson, ''he attained a 
distinction scarcely inferior to that which he had at the bar." 
rirmly grounded in the principles of Federalism, he remained 
in the faith to the day of his death. After his service in 
Congress, where he was succeeded in 1803 by his brother-in- 
law, IsTathaniel Alexander, of Mecklenburg, he never again 
held high public office, State or national, although his name 
was put forward on more than one occasion. Being of the 
"prescribed sect of Federalists," to employ William Gaston's 
apt phrase, he could not aspire, with any expectation of suc- 
cess, even had he been animated by political ambition, to the 
office of Governor or United States Senator, no matter how 
conspicuous or eminent his talents and merits might be. "In 
1814," for example, as pointed out by Mr. William Henry 
Hoyt, "probably no Republican in the State except Macon 
was so well fitted for public office as Henderson, Grove, 
Stanly, Steele, Pearson, and Gaston, yet none of these men 
could hope" for high political preferment — "except Gaston, 
who had recently gone to Congress from a Federalist strong- 
hold after meeting defeat in the elections of 1810. "f 

In truth, Archibald Henderson cared little for public 
office, a fact well kno^m to his friends and contemporaries. 
The legal profession, that severe and exacting mistress, re- 
ceived the full measure of his devotion ; and the best years of 
his life were zealously dedicated to the service of the law. 
In spite of his indifference to public position, he was again 
and again called upon to represent the town of Salisbury and 
the county of Rowan in the General Assembly of North Caro- 
lina. With conscientious fidelity, he served in the legislatures 

*See n. M. Wagstaft" : Federalism in North Carolina. "James 
Spruut Historical Publicatious," IX, No. 2. 
■\The papers of Archibald D. Murphey, I, 76, foot uote. 


of 1807, 1808, 1809, 1814, 1819, and 1820. No record of 
that service need be set forth here. Suffice it to say that, 
during his various terms in the legislature, questions relating 
to the reform of the judiciary were constantly referred to him 
as an established authority. 


Memorable among the intimacies between public men in 
ISTorth Carolina during the early years of the last century was 
the friendship which existed between Archibald Henderson 
and William Gaston. The principles of Federalism, in which 
both were firmly grounded, was a close bond of intellectual 
sjTupathy. Each cherished an unbounded admiration for 
Washington as the ideal statesman, and an ineradicable dis- 
trust of Jefferson as a philosophic dilettante in politics who 
was subservient to French influence. Acting with him in 
the Legislature and in important suits before the Supreme 
Court, Henderson came to recognize in Gaston qualities which 
he revered — transparent purity of purpose, nobility of spirit, 
profound legal learning, and a mastery in eloquent exposition. 
In his turn, Gaston found in his friend attributes which he 
equally revered — innate modesty of disposition, a lofty con- 
ception of his duty as a citizen, habitual deference to the law 
and its votaries, and genius in the art of advocacy. 

The personal and political association of these two com- 
manding figures, warm friends and leading Federalists, finds 
striking exemplification in the memorable speeches which 
they delivered in the j^orth Carolina General Assembly, on 
December 11, 1807. These speeches, which are memorable 
as discussions of the principle of States' Rights and criticisms 
of Jeft'erson's administrations, were made in opposition to the 
Address to the President of the United States, proposed by 
John Hamilton, of Pasquotank County. The Address, crassly 
partisan in its politics, expressed extravagant approbation of 
Jeft'erson's administration, in particular with reference to 
the stand he had taken in the impressment controversy with 


Great Britain; and, in an almost servile manner, requested 
Jefferson to be a candidate for re-election. The original 
resolution, which had been introduced three weeks earlier, 
contained the sentence: ''The General Assembly beg leave to 
solicit you to permit your name to be held up as a candidate 
at the next presidential election" ; and the bitter animus 
against the Federalists was expressed in an amendment, in 
which it was declared "that the safety of the nation was en- 
dangered by the machinations of a party who seek to subvert 
because they cannot direct the government." 

In his speech Gaston, who did not flinch from arousing the 
clamors of some, described himself as belonging to "the pro- 
scribed sect of Federalists." In the course of a spirited debate, 
he vehemently opposed the address on the ground that the 
legislature of N'orth Carolina was "not authorized to sit in 
judgment on the conduct of the national executive" ; and he 
further maintained that, even were it authorized to do so, the 
right should be exercised only in cases of great emergency. 
The speech delivered by Henderson traverses the position of 
the Federalists and embodies searching criticism of Jefferson 
and his administration. As the result of the speeches of 
Gaston and Henderson, the Address to the President of the 
United States, after being considerably improved by the 
omission of offensive political allusions and the abandonment 
of its servile tone, was finally passed by a vote of eighty-three 
to thirty-five, both Gaston and Henderson voting in the 

The speech delivered by Henderson on this occasion is 
reproduced in part below: 

"I regret extremely that the resolution which is the subject of 
debate, was introduced to the consideration of this House. . . . 
It speaks a language which in my conscience I cannot approve, be- 
cause I believe it is not true. It in the most unqualified manner ap- 
probates the whole of Mr. Jefferson's administration; and every man 
in this House who votes for its adoption, declares to his constituents 
and the world, that no single act of the President meets his disap- 

"I do not feel disposed thus far. I do not believe that liis con- 
duct merits this unbounded applause. Those gentlemen who really 


believe that the whole of the President's administration has been 
founded in the most enlightened policy, and has guarded the honor 
and promoted the interest of tlie nation, will vote for the adoption of 
the resolution ; those gentlemen, on the contrary, who think that there 
are objections to some part of his conduct, and though they may 
approve of other parts, will, I apprehend, be compelled to give their 
negative to the measure proposed. We are therefore forced. Mr. 
Speaker, by the very nature of the question, to examine the general 
features of Mr. Jefferson's administration. It will be recollected that 
this necessity has been imposed upon us much against our wishes : 
every mode in our power has been attempted to avoid this unpleasant 
discussion. If the motion of my friend from Newbern (Mr. Gaston) 
to postpone tlie further consideration of the whole of the resolutions 
had have prevailed, the House would have been relieved from much 
trouble, and the debate we are now engaged in, avoided. ... I 
know, full well I know, that what I am about to observe, will not be 
pleasing to a number of gentlemen on this floor. But when imperious 
duty points the way which I should tread, and timid policy directs 
another, I hope I shall always have firmness enough not to hesitate 
for a moment what course to pursue ; regardless of the frowns of the 
majority here, or the tumultuous cries of a deluded populace out of 

"One of the greatest blessings which a nation can enjoy is an able, 
upright and independent judiciary. This judiciary. Sir. we had in its 
utmost purity when Mr. Jefferson was called on by the voice of his 
country to fill the presidential chair. Scarcely had he taken the 
reins of government into his hands ; scarcely had the members of 
Congress taken their seats at their first session after his election, 
when the chief magistrate of the nation, in terms too unequivocal to 
be mistaken, recommends a repeal of a law under which judges had 
been appointed, and had actually performed judicial duties. The 
doctrine was new in America. Before this period it was believed 
that a judge, once appointed, was secure in his office as long as he 
hehaved icell, and that no power on earth could deprive him of it. 
I will not now enter into an argument to show the gross absurdity of 
construing the words during good hehaviour to mean at the will of 
the legislature. Enough on this subject has already been said ; and 
to that understanding which can yield assent to the miserable argu- 
ments which have been used to prove the power of Congress to dis- 
place their judges by the repeal of a law I am sure it is useless at 
this day to say a single word. But I must be permitted to say, that 
the time will come, of necessity, it must come, when the bitter effects 
of this passionate act of the President and of Congress, will be 
severely felt and deeply lamented by the American people. Their 
judiciary is now prostrated at the feet of the legislature : The inde- 
pendence of their judges is gone I fear forever : A great department 



of government is destroyed ; a department which engaged the anxious 
attention of the convention which framed our constitution, and 
which ought to be more dear to the people than any other ; because in 
times of faction and tumult, it is the only one on which they can 
rely with confidence and safety. I thinli it unnecessary to press this 
subject farther on the House, for I conscientiously believe this legis- 
lature could not be induced by any consideration, to pass a law 
which should deprive their judges of their offices. ... So deeply 
rooted is the opinion that our judges are independent of the legisla- 
ture so long as they behave well. I ask gentlemen if they approve of 
this act of the chief magistrate? I implore them calmly and dispas- 
sionately to give their opinion. Is It their wish that their rights 
should be tried by men perfectly free from bias? Can that man be 
supposed to be free from bias who holds his seat at the will of 
another? We know it is natural for man to be indisposed to thwart 
the views of those on whom he is dependent. Whatever may be the 
conduct of others, I for one will never give my confidence or express 
my attachment to a man who has been the great cause of producing 
an evil more extensively mischievous to the American people, and 
which is to entail upon them more lasting misery than any act of the 
bitterest enemy, of this nation. 

"When Mr. Jefferson came into power, we had a flourishing navy, 
and the means were provided for making it respectable. What has 
become of our vessels? Either sold for a sum far less than they 
cost, or suffered to rot in their harbors. It is confidently believed at 
this day. few men can be found, possessing tlie smallest share of 
political information, and not blinded by party spirit, who do not see 
the necessity of keeping up a navy, sufficient at least to protect our 
coast. It is childish to suppose that our rights will be respected by 
foreign nations, unless we are prepared to protect them by other 
means than proclamations.* Is it believed that we should be insulted 
in our ports and harbors by almost every nation with whom we have 
connections, if we were prepared to repel force by force? Let every 
candid man in this House answer the question, and if he will suffer 
his understanding, unclouded by passion or prejudice, to make the 
answer, I do not fear the result. 

"Mr. Speaker, I have other objections to Mr. Jefferson's administra- 
tion, which it is difficult to delineate, because they do not arise from 
any particular act of his, but from the general cast and complexion 
of his whole conduct. I have ever held it to be the first duty of a 
great magistrate, to instil into the people a pride of character, a 
dignity of sentiment, an inviolable attachment to the honor as well 
as the interest of the nation. It ought to be impressed on them that 
a wholesome, energetic government is the greatest blessing which 
Providence in his mercy lias given to man ; but that it ought to com- 

*This observation has been made innumerable times during the 
past two to three years (1914-1917). 


mand their reverence and excite tlieir attachment. They ought to be 
told in a bold, manly and open language, that taxes are indispensably 
necessary to support their government and to secure them the inesti- 
mable blessings flowing from order and legitimate power. I appeal 
to the wise and dispassionate of this House, and ask them if the 
general character of the President's administration has not been to 
corrupt and demoralize the public mind. By corruption I do not 
mean that he has made them thieves or robbers ; I mean to say that 
he has suffered to evaporate that manly pride and spirit of inde- 
pendence which conducted us through the revolutionary war, and at 
last gave us rank among the nations of the earth. The people have 
become impatient of governmental restraint, and have lost all rever- 
ence for established usages and the settled order of things. Honor, 
virtue and talents give no claim to public confidence. Few men can 
get into power who do not devote themselves to the caprice of the 
people : and, Mr. Speaker, there is a laxity in government which is 
truly alarming, and threatens, if not corrected, to destroy the political 
fabrick. There is also a wretched thirst for gain, which has absorbed 
every other passion, and bids fair to make us what foreigners have 
said we are — a nation of shopkeepers* Go into any company, the 
enquiry is not. Has our honor and character b^en protected? Has 
reparation been made for insult and injury? Are our ports and har- 
bors protected? But the question is. Has our national debt been 
diminished? These symptoms, Sir, are the sure presages of impend- 
ing ruin : they evidence a general debility, which if not soon cor- 
rected, must end in a premature death. I am not disposed to assert 
that all these have been produced by Mr. Jefferson, but I do say his 
general conduct has had a tendency to produce them. 

"I am of opinion, Mr. Speaker, that the President has been highly 
blameable in not endeavoring to discover the true interest of the 
country, and pursuing that with inflexible perseverance. But we 
know he has almost invariably waited to discover the temper and 
disposition of the people, and then shape his measures according to 
their wishes. So that instead of being guided by wisdom and en- 
lightened policy, he has been governed by totvn meetings and popular 

"It has been said by a gentleman whom I do not see in his seat, 
(Mr. Hamilton) that the President has purchased Louisiana, to 
obtain which the Federalists were anxious to go to war. Permit me, 
Sir, to correct that gentleman. When the king of Spain withheld the 
right of deposit at New Orleans, which had been solemnly granted to 
us by treaty, the Federalists were willing to seize by force that island 

*This is the term applied by Napoleon to the English. A. H., 
June, 1917. 

fThis characterization of Jefferson, by a political opponent, serves 
as justification of the title accorded Jefferson to-day : the founder of 
American democracy. A. H., 1917. 


and compel a performance of that stipulation which had been guar- 
anteed by contract ; they saw in the conduct of the Spanish Court, a 
determined hostility to this country ; and if justice could not be 
obtained by friendly means, they thought the character and interest 
of the nation so deeply concerned that they were anxious to enforce 
it by an appeal to arms. But, Sir, it was the right of deposit alone 
that they claimed. We then had no right to Louisiana, nor do I 
believe it was their wish to obtain it on any terms. I have ever 
viewed the purchase of that immense territory highly pernicious to 
this country, and a damning evidence of the disposition of Mr. Jef- 
ferson to please the multitude, though he should sacrifice the perma- 
nent interest of the nation. . . . When this territory shall be 
added, disunion must be the consequence. . . . The consequence 
of a separation of these United States is big with calamities, easily 
foreseen, but difficult and perhaps improper to describe. 

"It will be recollected. Mr. Speaker, that Aaron Burr has recently 
been tried in the Circuit Court of the District of Virginia, for high 
treason, and after the most able and patient Investigation, which was 
ever made in this, or perhaps any other country, acquitted under the 
direction of the Chief Justice. . . . What, Sir, has been the con- 
duct of the Chief Magistrate? Congress has been called on to review 
this decision, and to ascertain whether there is a defect in the evi- 
dence, in the law, or the administration of the law. Is it possible to 
suppose that Mr. Jefferson really believed that Congi'ess has a power 
to correct the decisions of the courts of the United States? No sir, 
he knows they have no such power, and that they cannot interfere 
except there is ground to impeach the judge. The papers which he 
has laid before Congress, cannot furnish matter even to institute an 
inquiry. I have understood that these papers contain nothing more 
than the documents and evidence which were offered to the court 
and jury on the trial of Burr. It is impossible to collect from them 
anything which might justify a criminal prosecution ; at most they 
could only prove that the Chief Justice had mistaken the force of the 
evidence, or had drawn from it incorrect legal deductions ; and we 
all know that this furnishes no just cause of impeachment. Then I 
ask, W^hat was the object in making this communication? Was it to 
impair the confidence which the nation had in the integrity of this 
distinguished man? . . . Whatever was the object, I will venture 
to say it strikes a deadly blow at the independence of your courts. 
If every judicial opinion which is not pleasing to the President, is to 
be brought under the revision of Congress, and the judge in effect 
denounced who gives this opinion, we may bid a long farewell to an 
independent judiciary."* 

*T)ie Minerva, Raleigh, N. C. No. 612. Dec. 24, 1807. 


As a brief memento' of the friendship between Gaston and 
Henderson, the following extract, affording an interesting 
sidelight on the feelings of the hour, is quoted from a letter 
of Henderson to Gaston, March 7, ISIO: 

My dear Gaston : — 

. . . I am tired, seriously tired, of attending tliese County Su- 
perior Courts. Nothing but noise, confusion and ignorance. The 
profit is nothing, the honor nothing. I find I am in a fair way to get 
rid of what legal learning I possessed and in a few years expect to 
be as well qualified for a Judge as any Democrat in the State. . . . 
What can I say on the head of Politicks — will not the doings of this 
Congress be remembered, long remembered, with horror and astonish- 
ment. The dismissal of Jackson will and must lead to war. . . . 
Is it not strange, passing strange, that the administration should for 
a moment have believed that the wise of the nation could be imposed 
on by the miserable tale of British insult. I boldly say there was 
no insult offered by Jackson, at least the documents published do not 
show it. 

. . . I am gloomy — pray write to me and tell something that 
will rouse my spirits. If you can tell me nothing new let me know 
that you are well and expect better times. 

God bless you, my dear Gaston, and be assured that I am yours, etc. 
Sincere regards, A. Hexdeeson.* 

One incident, bearing upon Henderson's life as a public 
character, is deserving of mention, as an illustration of his 
self-effacing modesty. In 1818, the Supreme Court Bill 
became a law; and on December 9, when the nominations for 
judges were made, the names of both Archibald Henderson 
and Leonard Henderson, his brother, were presented, along 
with the names of Judges Taylor, Hall, and Seawell, and 
Messrs. Bartlett Yancey and Archibald D. Murphey. Al- 
though assured of election, Archibald Henderson withdrew 
his name in favor of his brother. He is quoted by the Hon. 
Hugh Waddell as saying that "one of the family on the 
Supreme Bench was quite enough."f An interesting and 

*For a copy of this letter I am indebted to Judge H. G. Connor. 

fin a letter from Raleigh, Dec. 9, to Judge Thomas Rufiin, describ- 
ing the details of the contest, Archibald D. Murphey says : "One of 
the Hendersons (it is not settled which) is to be withdrawn. The 
other will be elected . . ." W. H. Hoyt : The Papers of Archibald 
D. Murphey, I, 122. 


authentic anecdote is told of Archibald Henderson in this 
connection. With all his great powers of reflection, Leonard 
Henderson was not very practical in matters of business, and 
made no especial financial success out of the rough hurly- 
burly of law practice. His brother, Archibald, on the other 
hand, was conspicuous for practical wisdom and business 
sagacity. Furthermore he enjoyed a very lucrative practice 
as a lawyer. When the two brothers were nominated for the 
Supreme Court Bench, Archibald laughingly remarked : "I 
am going to withdraw in Leonard's favor — because I can 
make a living at the law, and Leonard can't." 


Our North Carolina Indians 

By Colonel Fred A. Olds. 

Few subjects are more fascinating than the Indians of 
North Carolina, yet it has required three hundred years and 
more of study by noted experts to develop their true story, 
so that one does not have to depend upon tradition, which is 
all too often mere misinformation. 

There were many tribes of Indians in IS^orth Carolina, but 
only two large ones^ the Cherokee (really Tsalagi, or Cave- 
people), and the Tuscarora (really Skaruren, or Hemp-gath- 
erers, because they gathered the Cannabis Indica, or wild 
hemp, for various uses) ; the Cherokee taking their name 
from the caves in their high mountain country. Both of these 
have a written language and considerable literature, books, 
newspapers, etc. 

There have been strong arguments by certain persons to the 
effect that the Indians of America are the descendants of the 
"Ten Lost Tribes" of Israel. The Indians were called by the 
Spaniards Indies, because they thought this country was part 
of India. The Indians had no term or name for all of their 
people. Their names for individuals^ for tribes and for 
towns, for streams and other things, were all taken from 
something they observed or which affected the person or local- 
ity. Take the word "hominy," for example: it comes from 
two Indian words, aham (he beats), and min (grain). The 
coast Indians in 1586 called those in the interior of ISTorth 
Carolina Renapoak, meaning "true men." 

It has been proposed by some scientists to call the Indians 
of this country "Amerind," a contraction of "American 
Indian," but this is not yet agTeed on. 

There were more than a score of Indian tribes worth men- 
tioning in ISTorth Carolina, the gToatest being the Cherokee 
and the Tuscarora, already referred to, and perhaps the first 
tribe to be mentioned in history has a curious record. This 


was the Roanok^ which means, "K'orthern people," who were 
found on the island of Wococan (which means cun^ed or 
bent) by Amadas and Barlowe in 1584. These explorers 
thought Roanok was the name of the island and Wingandacoa 
that of the country, but their mistake is now known. The 
meaning of Roanok, which by custom of speech has become 
Roanoke, is wampum, peak, or money, made of bored shells 
strung on strings. The village of Roanok, or Roanoke, was 
one of those of the Secotan tribe, which in 1584 was found 
in the peninsula between Albemarle Sound and the lower 
Pamlico River and its adjacent islands. The word Secotan 
means "burned place." Later this territory was occupied by 
the Machapunga, Pamlico and Hatteras tribes, possil)ly de- 
scendants of the Secotans. It is interesting to know that the 
Secotans had complete belief in the iizimortality of the soul. 

The Tuscarora lived on the Roanoke, Taw (or Torhunta, 
or IsTarhontes),' and Pamlico rivers. They were much set 
upon by the whites, and under their chief, Hencock, joined 
forces with the Coree, Pamlico and others, and tried in 1711, 
in two wars, to destroy the whites, but were overcome. They 
went back north, whence they had come, and were adopted 
politically by the great tribes in northern ISTew York, known 
as the Five Nations. They were thus given asylum on motion 
of the Oneida tribe, in the federal council, and it is strange 
how this was done. First, the Tuscarora were made a baby, 
next a young man, then a man, then an assistant to the official 
woman-cooks, then a warrior, and last a peer or chief in the 
great council, all of these successive stages being passed, each 
with impressive ceremonies. 

And this brings up the point that it was the woman who 
was, and is in most tribes today, the head of the household 
and the real head of aifairs generally. To her the children 
belong, and not to the father, and she has all the rights in 
most tribes that the women of the United States are striving 
for — in some tribes even more. 

The iirst story told about the Indians in I^orth Carolina 


was of course, by Amadas and Barlowe, and from that time 
until a very recent period there has been no end of misinfor- 
mation in many ways. The writer will undertake to call the 
roll of the tribes, and give a word about each : 

Moratoc; lived near the Virginia line, about 160 miles 
from the mouth of the Moratoc or Roanoke River ; an impor- 
tant tribe in 1586, but would hold no communication of any 
sort with the Englishmen. 

Cape Fear ; lived up that stream, near its mouth, in Bruns- 
wick County, of it very little being known except the location. 

Choanoc (They of the South, the Southerners) ; a small 
tribe in Chowan County, which took its name from them. 

Machapunga (bad dust) ; an affiliated tribe of the Algon- 
quian family, which lived in Hyde County, and which in 
1701 had thirty warriors, it and the Coree living together at 
one village, named Mattamuskeet, lying on the north shore of 
the lake of that name. 

Pamlico ; a small tribe, of the Algonquian family, living on 
the sounds. 

Bear River; a tribe which in 1701 had fifty warriors and 
only one village, Raudauquaquank, this being in Craven 
County, on the banlv of the ISTeuse River. 

Coree ; possibly Algonquian, living on the peninsula of the 
jSTeuse River in Carteret and Craven counties. In 1686 this 
tribe had been reduced greatly by bloody wars, its barbarity 
being noted among the other Indians. The Coree were also 
called Coranine and Connemoc, and they had one town in 
1701, Raruta, with a population of 125. They went into the 
war of 1711 with the Tuscarora, and in 1715 they and the 
Machapunga were given a tract of land on Lake Mattamus- 
keet in Hyde County, where they lived until they became 

Catawba; these were South Carolina Indians, but in 1841 
many of them removed to the country of the Cherokee in 
western l^orth Carolina, but all except two became dissatis- 
fied and returned. 


jSTeuse; lived where New Bern now is, their town being 
named Chattooka, and removed, after Baron DeGraffenreid 
burned it, to the Tuscarora, with whom they were specially 

Hatteras ; an Algonqiiian tribe, living on the sand banks 
about Cape Hatteras in 1701, and frequenting Roanoke 
Island, their only town being known as Sand Banks, and hav- 
ing 80 inhabitants. These Indians were mixed white and 
Indian, and claimed that some of their ancestors were white. 

Secotan; an Algonquian tribe in 1584, on the peninsula be- 
tween Albemarle Sound and the lower Pamlico River. 

Cape Fear ; a little tribe, possibly Siouan, near the mouth 
of the Cape Fear River in 1661. A ISTew England colony 
settled there and sent away a number of the Indian children, 
claiming these were to be educated. The Indians drove off 
the colonists, but others came and bought lands of the Indian 
chief, Watcoosa'. There were several villages, Xecoes being 
the principal one. In 1665 a second colony of whites set- 
tled at Oldtown, in Brunswick County. In 1715 the Cape 
Fear had 206 people, living in five villages, and that year 
they took part in the war with the Yamasi Indians, from 
south of Charleston, and suffered terribly. In 1751 South 
Carolina asked the Iroquois Indians to be at peace with the 
Cape Fear, which were then spoken of as a "small friendly 

Keyauwee ; a small tribe, near the center of North Caro- 
lina, affiliated with the Saponi, Tutelo and one or two others, 
and found in 1701 near where High Point now is. These 
Indians had a very strange habit of wearing whiskers and 
mustaches, and their chief was Keyauwee Jack, This tribe 
and their affiliates, seven tribes in all, mustering 750 souls, 
went just over the line into South Carolina and settled on the 
Pee Dee River. 

Neusioc ; unclassified tribe, perhaps of Iroquoian stock, 
found in 1584 in Craven and Carteret counties, which in 
1701 had only 15 warriors and two villages, Chattooka and 


Eno ; a tribe different in physique from their neighbors, all 
their alliances being with Siouan tribes. They had well-built 
houses and barns, in which they stored grain and other sup- 
plies, and they were quite thrifty. They became incorporated 
with the Shakori, these two tribes being confederated in 
1701. Their chief town was Adshusheer. They also became 
incorporated with the Saponi and their confederates to the 
northward, disappearing as a tribe in 1Y20, but in 1743 still 
retained the Eno dialect. They lived about the headwaters 
of the Tar and the ISTeuse rivers. The names Eno and 
Shocco, now remaining, tell the story of these Indians, who 
traded much with the Tuscarora. In 1714 the Eno, Tutelo, 
Saponi, Occaneechi and Keyauwee, numbering about 750 in 
all, moved toward the English settlements in the eastern 
section of I^Torth Carolina. Finally most of the Eno went to 
South Carolina^ a few going with the Sapelo to Virginia. 

Occaneechi ; a rather small tribe found on islands on Roa- 
noke River and later on the Eno River, and who were joined 
by the Saponi and Tutelo and by the Conestoga, the latter 
having come from Pennsylvania and taken shelter in ISTorth 
Carolina from the Iroquois. The Occaneechi had two chiefs, 
one in charge of war and the other of hunting and agri- 

Cotechney ; a small tribe, which has already been described 
in connection with the extreme eastern Indian septs. 

Adshusheer; a tribe associated with the Eno and Shakori 
in 1711, with its chief town near where Durham now is, its 
ruler claiming territory and authority as far as the Haw and 
Reatkin (now called the Yadkin) rivers. It is doubtful that 
they were of Siouan stock. There is onlj-- one mention of 
them in history; this by John Lawson in 1701, Shakori, or 
Shocorri, their principal village, was near Hillsboro, its chief 
being Eno Will, who was a guide for John Lawson, the sur- 
veyor-general for the Lords Proprietors. 

Saponi ; one of the eastern Siouan tribes, now entirely 
extinct; its language being the same as that of the Tutelo, 


and the words Siouan. The Saponi moved eastward, toward 
the coast country, to get away from Indian raids, and their 
town in this new location was near where Windsor, Bertie 
County, now is. In 1715 Governor Spottswood, of Virginia, 
took them, and other little tribes who had joined with them, to 
that colony, and from it in 1753 they went to Xew York and 
joined the Six jSTations, but in 1779 fled to Canada, and so 
pass out from all knowledge. 

Tutelo ; almost the same as the Saponi in characteristics. 
The Iroquois called all the Indians in central j^STorth Carolina 

Cherokee; the best knovvai of all the tribes^ and the only 
one now remaining in the State ; a powerful detached tribe 
of the Iroquoian family, which occupied the whole mountain 
region in the southern Alleghanies in southwest Virginia, 
JSTorth Carolina, South Carolina, Georgia, Tennessee and Ala- 
bama, and claimed the territory all the way to the Ohio Eiver. 
The Cherokee had three dialects — the upper, middle and 
lower. They originally came to this part of the country from 
the north, and their language is undeniably Iroquoian. They 
were first met by DeSoto in 1540. They came here to escape 
attacks from the Iroquois and Delaware. They held their 
mountains against all comers. In 1838 the greater part of 
them were removed to the Indian I^ation, but 2,000 remained, 
and the Eastern Band, as it is oificially known, of the Chero- 
kee ISTation occupies 60,000 acres of land, held in common, in 
Swain and Jackson counties, numbering there 2,285, about 
300 more being in Graham County. The Cherokee in IsTorth 
Carolina are given education by the United States in a most 
thorough manner, from primary school to college. They have 
served in nearly all of the wars on the side of the whites, 
having several hundred men in the ]!^orth Carolina Confed- 
erate troops, their chief having been the colonel of the 69th 
]^orth Carolina Regiment. They have men now in the 1st 
Regiment of the North Carolina ]S[ational Guard. Their 
chief town is Yellow ITill^ l.Y^^S o^ *^® Oconalufty (Ag-\\^a- 


nulta, properly meaning ''by the river"), and here their fine 
school is located, which will in a few years be turned over to 
North Carolina. The Cherokee are the most widely dis- 
tributed throughout the United States, the best educated and 
the most influential of all Indians. There are seven "clans" ; 
wolf, deer, hawk, owl, and three not translatable. The Cher- 
okee in the United States are now probably as numerous as 
at any time in their history. 

Weapomeioc ; a small tribe, found by Governor John White 
in 1586, its village being Chapanoc, on Albemarle Sound; 
this and the other little tribes referred to in those earliest 
days having later become known by other names and so passed 
out of existence. 

Croatau ; a so-called group of Indians, living mainly in 
Eobeson County. James Mooney, the noted expert, who is 
regarded as the finest authority on Indian history, says the 
theory that the Croatan are descended from the "Lost Colony" 
of Koanoke Island is baseless. Mr. Mooney has spent much 
of his life in IsTorth Carolina, studying these matters, and 
was here in 1916. He says the Croatan "embrace the blood 
of the wasted native tribes, the early colonists or forest rovers, 
]'unaway slaves and other negroes, and that of a steady stream 
of the Latin races from coasting vessels in the West India 
and Brazilian trade." The Croatan applied for recognition 
by the United States as Cherokee, but it was denied and the 
Cherokee acknowledge no relationship, having visited the 
Croatan country on a tour of inspection. There is a queer 
offshoot of the Croatan known as "Malungeons," in South 
Carolina, who went there from this state ; another the "Red- 
bones," of Tennessee. Mr. Mooney has made a careful study 
of both of these branches also. 

One thing should be remembered in regard to the Indians 
of Xorth Carolina, always excepting the Cherokee: In all 
the South, up to the time of the Revolution, Indian slaves 
were bought and sold and worked in the fields with the 


negroes, and thus amalgamation to a gTeater or less degree was 
brought about, the negroes gaining more from the Indians 
than the latter did from the negroes. 

So complete has been the annihilation or absorption of the 
Indians along the eastern coast that the assertion is made 
officially that there is now not a native full-blood all the way 
anywhere between Delaware and Pamlico Sound. 

The Indians usually lived in houses made of mat or bark, 
and within the past seventy-five years the Cherokee had bark 
houses in their mountain territory. The chiefs of the various 
tribes had varying authority, and some of them used a baton 
as the emblem of it ; such a baton, of hardwood, beautifully 
carved, being now in the JSTorth Carolina Hall of History, 

It should be borne in mind that the Indians were not 
nomads, for each tribe claimed and lived in a certain tract or 
region, with well understood boundaries, handed down by 
tradition and not ordinarily relinquished save to superior 
force. The land was always held in common, never indi- 
vidually or by family. The fact that the early white settlers 
did not understand this fact caused trouble and bloodshed 
and war, again and again. 

Many people have an idea that what we call corn, Indian 
corn or maize, was native here in North Carolina, while in 
fact it was brought here from Mexico, and its name came 
from the Arawak word "marish." The ISTorth Carolina 
Indians planted its grains four to the hill, it being thought 
bad luck for them to touch each other. 

There are two other queer beliefs besides those about our 
Indians, and in conclusion one may be exposed which has 
prevailed a long, long time, this being that the scuppernong 
grape was first found on Roanoke Island by Amadas and Bar- 
lowe, and that the Indians there esteemed it gTeatly. As a 
matter of fact, this grape originated on what is now called the 
Scuppernong River, the Indian name of which was Askupo- 
nong, which means "at the place of the bay tree,"' this tree, 


the ]!^ortli Carolina magnolia, being very abundant there. So 
on that river, near Columbia, Tyrrell County, this white 
variety of the dark muscadine or bullace grape, was found 
about 150 years ago by two men named Alexander, and the 
river gave the name. It was taken to Roanoke Island and 
everywhere else where this splendid grape will flourish. 


The State Navy of North Carolina in the 
War of the Revolution 

An Address delivered before the Summer School of the State 
College, at West Raleigh, N. C, July 2, 1917 

By Maeshall DeLancey Haywood. 

Ladies and Ge^sttlemeiv^ : 

In all the range of North Carolina history I donbt whether 
a single topic can be found about which so little is known, 
even by close students of our State's past, as the part borne 
by her sailors in furthering the cause of American Inde- 
pendence, and so I have decided to speak for a short while 
this evening on The State Navy of jSTokth Caeolixa iif 
THE War of the REvoLrTiow. 

At a meeting of the Provincial Council of jSTorth Carolina, 
held in the court-house of Johnston County during the month 
of December, 1775, it was resolved (on the 21st of that 
month) that a necessity existed for the fitting out of armed 
vessels for the protection of the trade of the province. The 
number of ships first provided for was three, and commis- 
sioners were appointed to carry into effect this resolution. 
One at Cape Fear (the ports of Wilming-ton and Brunswick), 
one at New Bern, and one at Edenton, were ordered to be 
"fitted out with all dispatch." Provision was also made for 
chartering other vessels at New Bern, Wilming-ton, and 
Edenton — and so the Navy of North Carolina had its begin- 
ning some months before the Thirteen American Colonies 
had declared themselves free and independent States. The 
aforementioned orders of the Provincial Council were 
promptly carried out, and it may be added that the local 
Committees of Safety, in the various sea-coast counties, 
sometimes had a more economical mode of acquiring ships 
than by purchase; for, when the Defiance, under the com- 
mand of Captain John Cooper, and the BelviUe., under the 
command of Captain Vance, violated the maritime regula- 


tions of ISTortli Carolina, while anchored at ISTew Bern, the 
vessels were promptly seized. A similar fate was narrowly 
escaped by the sloop King Fisher, of which John Strange 
was owner and Lott Strange master. Another instance, some- 
what similar, arose when it was made to appear to the Pro- 
vincial Congress at Halifax that the brigantine William, then 
anchored in Beaufort Harbor, and of which Philip Westcott 
was master, was British property, for a resolution was passed 
by that body on April 10, 1776, directing her seizure and de- 
tention till further orders. 

On May 9, 1776, the ISTorth Carolina Provincial Congress 
at Halifax opened up negotiations with Virginia for the pur- 
pose of securing the construction of two armed ships by that 
province to co-operate with the JSTorth Carolina vessels already 
on duty guarding Ocracoke Inlet, which could be used as a 
gateway by British ships in attacking either colony. The 
same State Congress at Halifax authorized the ISTorth Caro- 
lina Council of Safety to establish Courts of Admiralty at the 
ports of Edenton, Bath, jSTew Bern, and Wilmington, and 
this was accordingly done on June 22, 1776. Admiralty 
Judges were duly appointed by the same authority and vested 
with power to commission marshals, registrars, and such other 
officers as might be necessary for the enforcement of the 
maritime laws of the province. 

In the Summer and Fall of the year 1776 there were 
marked activities in ISTorth Carolina in constructing vessels of 
a variety of types — some being well-armed ships built by the 
State, some others being privateers sailing under commis- 
sions known as "letters of marque and reprisal," a third 
class being fast-sailing small boats used for slipping through 
the British blockade and importing articles needed by the 
colonists (their cargoes ranging from cannon and gunpowder 
to French finery and West Indian rum), and still another 
type of craft being "row-galleys," used for river fights and 
for unloading American ships which were too large to come 
into the inland waterways. Among the North Carolina ships 


of that period were the King Tanuriany, commanded by Cap- 
tain Sylvanus Pendleton (who later commanded the eight een- 
gun ship Bellona) ; the Pennsylvania Farmer, commanded by 
Captain Joshua Hempstead ; the King Fisher, commanded 
by Captain James Ducaine ; the General Washington, com- 
manded by Captain John Forster ; the Joseph, commanded 
by Captain Emperor Moseley ; and the Polly, commanded by 
Captain John Chase. Then there were the Lilly, whose 
name was later changed to the Casivell (Captain Willis Wil- 
son), and the Johnston (Captain Edward Tinker) — these 
ships being namesakes of the Revolutionary leaders Richard 
Caswell and Samuel Johnston. A similar compliment was 
paid Thomas Burke in 1782 by naming a Xew Bern priva- 
teer the Governor Burke, Peter Raingenoire being her cap- 
tain and William Savage owner. In thanking Mr. Savage 
for this token of friendship, Governor Burke wrote : ''I am 
sorry you have determined to give your vessel a name so 
unfortunate as that you mentioned, and should be much con- 
cerned if her fate should in any way resemble his after whom 
you intend to call her- — which is to have laboured much for 
the public, to his own irretrievable disadvantage." 

Among the vessels owned by Henry Montfort, of Edenton 
(formerly of Halifax), was one called the Willing Maid, and 
another with a name somewhat less sentimental — the Savage. 

The aforementioned Captain Hempstead seems to have had 
command of quite a flotilla of ISTorth Carolina ships, as we 
find an order of the State Committee of Safety directing him 
"immediately to proceed to sea with the armed vessels under 
his command" for operations in the West Indies, whence the 
"Jamaica Fleet" was about to sail for some of the neutral 
ports of Europe, with one twenty-gun ship as its only convoy. 

In speaking of the Pennsylvania Fanner, it is worthy of 
note that on it was a detachment of marines, commanded by 
Captain Robert Turner, When this officer asked to be trans- 
ferred to the land forces, Colonel Joseph Leech and Captain 
Hempstead, under date of June 3, 1777, wi'ote of him: "He 


hath been out in the service of his country as a Captain of 
Marines on board the brig Pennsylvania Farmer, and always 
behaved well in his station." Captain Hance Bond succeeded 
to the command of the Marines on board the Pennsylvania 
Farmer after the transfer of Captain Turner. Another officer 
in the Marine service of E^orth Carolina was Captain Samuel 

iSTaval activities in ]^orth Carolina increased still more as 
the war wore on. On May 16, 1777, Joseph Hewes wrote 
from Edenton to Governor Caswell, at ISTew Bern, asking him 
to send some commissions signed in blank for the use of the 
ships being fitted out in that place. Hewes said : "There are 
several persons now here who wish to get commissions for 
armed vessels that they are fitting out. They can get good 
security here ; but, being strangers at JSTew Bern, might meet 
with some difficulty there." To the same effect, wrote Michael 
Payne, of Edenton, on that date: "Several merchants of this 
place are at this time fitting out armed vessels, and are desir- 
ous to have for them letters of marque." 

Joseph Hewes, mentioned above (one of the signers of the 
Declaration of Independence), was for some years a member 
of the Continental CongTess at Philadelphia, and his thorough 
knowledge of nautical matters gained for him a position of 
commanding influence in that body on committees considering 
subjects connected with sea-faring operations. I shall have 
more to say of him later on. 

One noted North Carolina privateer bore the ludicrous 
name Sturdy Beggar. She was fitted out in l!^ew Bern and 
commanded by Captain James Campbell. She mounted 
fourteen carriage guns, and was manned by one hundred 
seamen and marines. That this ship was considered "beg- 
garly" only in name we may infer from an advertisement in 
the North Carolina Gazette, on AugTist 8, 1777, which de- 
clared that she "was allowed to be the handsomest vessel ever 
built in America." The Pennsylvania Farmer, already men- 
tioned, was not a privateer, but one of the ships belonging to 


the State !N^avy. She carried sixteen giins and eighty men. 
Among the ships in j!*s^orth Carolina, not already enumerated, 
were the Heart of Oah^ commanded by Captain George Den- 
nison; the Resolution, commanded by Captain Joseph Mere- 
dith ; the Lydia', commanded by Captain Appleton ; the Lord 
Chatham J, commanded by Captain John Cheshire; the Rain- 
houj, commanded by Captain Martin Ferns ; the Fanny, com- 
manded by Captain Thomas Alderson; the Betsey, com- 
manded by Captain Ishol Tinker; the General Nash, com- 
manded by Captain Deshon ; the General Gates, commanded 
by Captain Cunningham; the New Bern, commanded by 
Caj^tain Cochran Amit (Amyett?), and the Eclipse, com- 
manded by Captain Charles Biddle. These vessels brought a 
tremendous amount of needed supplies to the State, besides 
making themselves useful to the American cause by preying on 
the commerce of the enemy. Occasionally one had the misfor- 
tune to be captured or suffer shipwreck. Describing a calamity 
of the latter nature, in a letter to Governor Caswell, under date 
of December 10, 1778, Robert Smith, of Edenton, said: "I 
am sorry to inform you that the brig General Gates, Captain 
Cunningham, in the lattitude of Bermuda, had the misfor- 
tune to be overset and totally lost. Whether captain and crew 
were saved or not we know not, but are anxious about their 
safety, as there were on board six young gentlemen of the first 
families and best expectations in this part of the country, 
who went volunteers to try their fortune." 

The ships fitted out in North Carolina cruised over a much 
greater area than might be expected. They were continually 
going to the West Indies, and sometimes crossed the Atlantic 
to the neutral countries of Europe. In December, 1778, the 
North Carolina ship Caswell formed part of an American 
fleet raised for an attack on East Florida. 

In July, 1778, a ship called the Holy Heart of Jesus, com- 
manded by Captain William Boritz, came from some Euro- 
pean country to North Carolina with a cargo of cannon. 
Twenty-three of these were purchased by North Carolina, 


and twenty-two bv Virginia. Some of these may still be seen 
in Edenton. Two were presented by that town to the State, 
and these interesting relics are now mounted on stone bases 
on the south side of the Capitol in Raleigh. A touch of Civil 
AVar history attaches to them from the fact that the United 
States forces broke off the trunnions for fear the Confederate 
troops might make use of them — an operation which would 
have been about as dana,erous to the ''man behind the o-un" 
as the ones in front of it. 

It is greatly to be regretted that so little record remains of 
the enterprise and prowess displayed by ISTorth Carolina sea- 
men during the course of the war. Their operations were 
both on the high seas and in home w^aters. Josiah Martin, 
who still claimed to be Royal Governor of North Carolina, 
though he had been driven out of the colony, wrote to the 
home government, from his place of refuge in ISTew York, that 
while British warships were watching the approaches to large 
sea-coast cities in America, "the contemptible port of Ocra- 
coke" had become a great channel of supply to the rebels. 
This warning did not go unheeded, and the blockade around 
]^orth Carolina was drawn tighter. The ISTorth Carolinians, 
however — who were familiar with the devious channels of 
the various sounds, rivers, and inlets of their State — were 
more than equal to the new difficulties by which they were 
beset. Sometimes they slipped by the British fleet, under the 
cover of night ; sometimes outran their pursuers in an ocean 
race ; and, when odds against them were not too large, would 
fight to a finish with the "pirates," as they called the British 
sea forces. American victories were by no means uncommon 
occurrences, and occasioned great rejoicing. The naval forces, 
too, vied with the landsmen in annually celebrating the birth- 
day of American Independence in a manner by no means 
"safe and sane." On the Fourth of July, 1778, John Wright 
Stanly and Richard Ellis (large ship-owners of 'New Bern) 
had cannon placed on their wharves and fired all day, with 
the usual addition of "liquor given to the populace." Colonel 


Richard Cogdell, in referring to the celebration, wi'ote : 
"Stanly and Ellis seemed to vie with each other in a contest 
as to who should do the most honor to the day, but Mr. Ellis 
had the most artillery." 

Of the individual acts of enterprise and heroism displayed 
by ISTorth Carolina seamen, the records tell but little. One 
marvelous case of spirit and fortitude, however, has been 
recorded and is well worthy of mention. John Davis — son 
of the old public printer, James Davis, of ISTew Bern- — was in 
the naval service of Korth Carolina and was captured in 
1780 by the British, who held him captive on a ship off the 
coast of South Carolina. The captain attempted to compel 
the American prisoners to do duty on shipboard, and Davis 
peremptorily refused to obey his orders. Thereupon he was 
severely beaten, and then was told that the punishment would 
be renewed unless he would signify his obedience to the cap- 
tain's orders by drawing a bucket of water from the ship's 
side. To this he defiantly replied: "If His Majesty's whole 
JSTavy was on fire, and one bucket of water, drawn by me, 
would extinguish the flames, I would not draw it." This 
answer so enraged the captain that he directed Davis again to 
be flogged, and declared that the beating should not cease until 
the prisoner agreed to obey the orders which had been given 
him. This command was carried out with such inhuman bru- 
tality that the body of Davis was almost torn asunder, but his 
Spartan fortitude never gave way under the prolonged tor- 
ture, and he died from its effects in a short while. More than 
half a century after his death, some of the friends of Davis 
had a record of the circumstances of his heroic conduct en- 
tered on the minutes of Craven County, at ISTew Bern. 

Of Joseph Hewes, of ISTorth Carolina, member of the Con- 
tinental Congress at Philadelphia, I have already spoken ; 
and it may not be altogether amiss to add a few more words 
concerning him. He entered the Continental Congress as 
early as 1774, and (with one year's exception) served until 
his death in 1779. As member of the jSTaval Committee and 


Marine Committee in that body, he had more to do with 
organizing those departments of the new government than any 
other man. The Philadelphia historian Judson, in his well- 
known work entitled Sages and Heroes of the American Revo- 
Jutioiij, refers to the Congressional services of Mr. Hewes as 
follows: ''He was upon several of the most important com- 
mittees. Upon the one for fitting out a naval armament he 
stood in the front rank. He was virtually the first Secretary 
of the Navy. With scanty funds he speedily fitted out eight 
armed vessels. He was very active in raising supplies in his 
own State to strengthen the sinews of war and oil the wheels 
of the general government." The severe labors of Mr. Hewes 
finally imdermined his health and ultimately caused his death. 
When he obtained a temporary leave from the Continental 
Congress in September, 1776, his colleagTies Hooper and 
Penn wrote of him : '"After a long and diligent attendance in 
Congress and the different committees of which he has been a 
member, he is now upon his return home. From the large 
share of naval and mercantile business which has been allot- 
ted to his attention by Congress, his health has been much 
injured." It was Hewes who secured for the great naval 
hero, John Paul Jones, his first commission as an officer of 
the American ISTavy. Among the official letter-books of the 
Governors of !N^orth Carolina, now preserved in Raleigh, is 
one letter to Governor Samuel Johnston from Congressman 
Pobert Burton, of date January 28, 1789 (during the lifetime 
of Jones), wherein the writer said: "As those men who have 
fought and bled for us in the late contest cannot be held in too 
high esteem, and as the Chevalier John Paul Jones is among 
the foremost who derived their appointment from this State, 
* * * I take the liberty of offering to the State as a 
present, through you, its Chief Magistrate, the bust of that 
great man." Governor Johnston replied : "I will readily 
accept it on behalf of the State, and will communicate your 
letter to the next Assembly." What became of this bust, if 
Colonel Burton ever carried out his intention of sending it, is 


not known. It may have been destroyed when the old Capitol, 
at Raleigh, was burned in 1831. In the above connection it 
may be added that several most interesting autogTaph letters 
from John Paul Jones to Hewes are now preserved in the 
files of the iN^orth Carolina Historical Commission. 

This closes the all too brief record I have been able to make 
of the hardy seamen whose enterprise, daring, and devotion, 
contributed so much to the important part ]!»[orth Carolina 
was able to play in the great War for American Independence. 
These old rangers of the ocean have long since been called 
from the labors and hardships of this life — some perishing 
by sea, amid the raging elements or crash of battle, and some 
resting in neglected and unmarked graves on the bosom of 
mother earth. It is true that they had their faults, as sailors 
are but human ; yet, in view of all their patriotic services we, 
Vi^ho are still permitted to enjoy the blessings of the liberty 
they helped to win, should let charitable oblivion cover their 
shortcomings (whatever they may have been), and wish for 
each brave voyager a safe and hapjDy haven hereafter: 

"At the piping of all hands, 

When the judgment-signal's spread — 
When the islands and the lands 
And the seas give up their dead." 


Review of The Prince of Parthia 

By Nina Holland Covington. 

The reputation of Dr. Archibald Henderson as one of the 
most brilliant of our modern literary critics extends into 
other countries than our own, and ISTorth Carolina is very 
proud of her distinguished son, but the most pleasing part to 
us about Dr. Henderson's literary work and researches is 
that he takes the greatest pleasure in writing about people 
and events of his own native State, and is never so happy as 
when he has brought out from obscurity and semi-oblivion 
some ]SForth Carolinian who has achieved something worth 

We confess to a complete ignorance on the subject of The 
Prince of Parthia, and its author Thomas Godfrey, until we 
picked up that delightfully ''gotten-up" edition of the play 
with its introductory monograph. With painstaking care the 
history of the life of the young author — Godfrey was only 
twenty-three when The Prince of Parthia was written — has 
been brought out by Dr. Henderson, and as we read the 
interesting narrative of this youthful genius we realize, for 
the first time, that Wilmington and JSTorth Carolina deserve 
prominent place on the literary map of America, for in 
Wilmington, the first American tragedy was written, and in 
Wilmington also its author, the young Godfrey, is buried. 

Following the monogTaph — a model of clear style and 
interesting biography — is the test of the play itself and even 
a hurried reading of the production will show how important 
the play is. The work of a boy hardly out of his teens, it 
shows merit of no mean order, and causes us to regret the 
death of Godfrey at the age of twenty-six as a distinct loss to 
American drama, for The Prince of Parthia — his first pro- 
duction — would possibly have been followed by other plays, 
had not death ended the young poet's career. 


Aside from the merit of the play and the interest of the 
narrative of Godfrey's life, the 1917 edition of The Prince of 
Parthia bears clear evidence to the statement made by the 
publishers in their announcement of the work : 

The original and only edition of Godfrey's play ever published, 
which likewise includes his poems, was brought out by his fellow- 
poet, the Reverend Nathaniel Evans, in 1765. This edition is exces- 
sively rare and virtually unprocurable. The present edition is pri- 
marily due to the loving interest and elaborate researches of Dr. 
Archibald Henderson, one of the most distinguished of living dra- 
matic critics. In an extended introduction, which is itself a mono- 
graph, he for the first time narrates the fascinating story of young 
Godfrey's life, and with deft strokes paints the artistic and literary 
background of society, in the cultured circles of Philadelphia and 
Wilmington, against which the figure of the young poet and dra- 
matist stands forth radiant and distinct. 

At this time when a concerted effort is being made by the Drama 
League of America and other forces, to project the American drama 
into the focus of national consciousness, the publication of the play 
is an event of importance. 

IsTot only on the map of early American literature does 
JSTorth Carolina deserve place. With an O. Henry, a Dr. 
Henderson, a Margaret Busbee Shipp to boast of, besides 
many others whose excellent work in literature, the old ISTorth 
State is taking prominent part in the literary history of the 

Not until recent years did ISTorth Carolina realize the rich- 
ness of her agricultural resources. May the time soon come 
when she will estimate at full value the importance of liter- 
ary achievements. The Patterson Cup — given by one of our 
public spirited women — is a step in the right direction. 

It seems to us that there would be no better investment for 
some of our millionaires than for them to donate a few 
thousands (if no more) for the substantial aid of young 
writers struggling to gain foothold on the very treacherous 
and slippery Hill of Fame. 

Vol. XVII OCTOBER. 1917 No. 2 

North Carolina Booklet 









A Federalist of the Old School 61 

By Aechibai,d Hendebson. 
The First Secession Movement 90 

John Washington Bennett, Famous North Carolinian 96 

By Gen. W. A. Smith. 

Biographical and Genealogical Memoranda 102 


Entered at the Postoffice at Raleigh. N. C, July 15. 1905, under the Act of 
Congress of March 3, 1 879 

The North CaroUna Booklet 

Great Events in North Carolina History 

Vohime XVII of The Booklet will be issued quarterly by the 
North Carolina Society, Daughters of the Revolution, beginning July, 
1917. The Booklet will be published in July, October, January, and 
April. Price $1.00 per year, 35 cents for single copy. 

Editor : 
Miss Maey Hilliard Hinton. 

BioGRAPHiCAi, Editor: 
Mrs. E. E. Mofpitt. 


Isaac Shelby: Revolutionary Patriot and Border Hero — Part II — 
Dr. Archibald Henderson. 

Revolutionary Heroines of Mecklenburg — ^Miss Violet Alexander. 

Glimpses of Plantation Life in the Old South — By an Eye Witness, 

History of Rowan County — Dr. Archibald Henderson. 

History of Agriculture in North Carolina — 

Hospital Service in the War Between the States — 

Historic Homes, Part VIII : "Bookwood" — ^Mr. William C. Ervin. 

Historic Homes,' Part IX : "Creek-Side"— Mr. William C. Ervln. 

Shocco and Jones' Springs: Old-fashion Resorts in Warren County 
— ^Judge Walter A. Montgomery. 

History of the Continental Line of North Carolina — Mr. Frank 

Historical Book Reviews will be contributed by Mrs. Nina Holland 
Covington. These will be reviews of the latest historical works 
written by North Carolinians. 

The Genealogical Department will be continued, with a page de- 
voted to Genealogical Queries and Answers as an aid to genealogical 
research in the State. 

The North Carolina Society Colonial Dames of America will fur- 
nish copies of unpublished records for publication The Booklet. 

Biographical Sketches will be continued under Mrs. E. E. Moffitt. 

Old letters, heretofore unpublished, bearing on the Social Life of 
the different periods of North Carolina History, will appear here- 
after in The Booklet. 

This list of subjects may be changed, as circumstances sometimes 
prevent the writers from keeping their engagements. 

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Vol. XVII OCTOBER, 1917 No. 2 


North Carolina Booklet 

'Carolina I Carolina I Heaven' s blessings attend her I 
While zve live zve will cherish, protect and defend her' 

Published by 



The object of The Booklet is to aid in developing and preserving 
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will be devoted to patriotic purposes. Editoe. 





Mes. Hubeet Haywood. Db. Richaed Dillaed, 

Mbs. E. E. Moffitt. De. Kemp P. Battle. 

Mb. R. D. W. Connoe. Mb. James Speunt. 

Db. D. H. Hill. Mb. Marshall DeLancey Haywood. 

Db. William K. Boyd. Chief Justice Waltee Clabk. 

Capt. S. a. Ashe. Majob W. A. Gbaham. 

Miss Adelaide L. Feies. Db. Chables Lee Smith. 

Miss Mabtha Helen Haywood. Majob Alex. J. Feild. 

editob : 

Miss Maby Hilliaed Hinton. 

biogeaphical editob : 

Mes. E. E. Moffitt. 



begent : 


vice-begent : 



Mbs. E. E. MOFFITT. 

Mes. T. K. BRUNER. 

becoeding secbetaby : 


' coebesponding secbetaby : 

Mes. PAUL H. LEE. 

teeasubeb : 


eegisteae : 


custodian of belics : 

Mbs. JOHN E. RAY. 


Bloomsbury Chapter Mes. Hubeet Haywood, Regent 

Penelope Barker Chapter. Mbs. Patbick Matthew, Regent, 

Sir Walter Raleigh Chapter Mbs. I. M. Meekins, Regent. 

General Francis Nash Chapter Miss Rebecca Camebon, Regent. 

Roanoke Chapter Mbs. F. M. Allen, Regent. 

Mary Slocumb Chapter Miss Geobgie Hicks, Regent. 

Colonel Thomas Robeson Chapter Mrs. Annie Buie, Regent. 

Tuscarora Chapter Mes. C. H. Hunter, Regent. 

Foundee of the Noeth Caeolina Society and Regent 1896-1902 ; 


Regent 1902: 

Mbs. D. H. hill, SB.t 

Regent 1902-1906: 


Regent 1906-1910: 

Mbs. E. E. MOFFITT. 

•Died November 25. 1911. 
tDied Dewmber 12. 1904. 

^ -^ 
.' ^ 

2 ^ 

5 ^ 

The North Carolina Booklet 

Vol. XVII OCTOBER, 1917 No. 2 

A Federalist of the Old School 


By Abchibald Hendebson. 

"The most perfect model of a lawyer that our bar has produced." 

Archibald DeBow Mubphey. 


During the summer of 1801 there appeared a notice in 
The North Carolina Mercury and Salisbury Advertiser 
(August 6) announcing the recent wedding of "Archibald 
Henderson, Esq., Member of Congress, to the amiable Miss 
Sally Alexander, both of this town." The union of the Hen- 
derson and Alexander families was doubly sealed by the mar- 
riage of William Lee Alexander, a native of Mecklenburg 
County, brother of Archibald Henderson's wife, with Eliza- 
beth Henderson, Archibald Henderson's sister. In describ- 
ing his acquaintances in Salisbury during the last decade of 
the century. Dr. Charles Caldwell says : "Henderson had two 
sisters, by far the most accomplished women of the place. 
One of them was married (Fanny, to Spruce 
Macay), and the other (Elizabeth) single. I sincerely ad- 
mired both . . . and passed in their society many de- 
lightful hours." Sarah and William Lee Alexander, whose 
brother was Dr. IsTathaniel Alexander of Mecklenburg, a 
graduate of Princeton, afterwards Member of Congress and 
Governor of !N^orth Carolina, were the children of Colonel 


Moses Alexander^ first High Sheriff of Mecklenburg County 
and Colonel of the County Militia until his death in 1772, 
and his wife, Sarah, daughter of William and Jane Taylor 
Alexander. This Jane Taylor Alexander was descended 
from John Alexander, the youngest son of the first Earl of 
Stirling, who married Miss Graham of Gartmore, Scotland, 
and emigrated to America in 1659, settling in Stafford 
County, Virginia, in 1660. Moses Alexander was of the 
Caledon branch established in Ireland; and his gTandmother 
was, with several sons, among the first to purchase and colo- 
nize a large tract of land in Cecil County, Maryland. She 
fled with others from Munster, the Earl of Stirling having 
suffered attainder, together with several thousand, from, earls 
to yeomen, during the Dublin Parliament of James II.* The 
three brothers, Moses, Nathaniel, and Daniel Alexander, 
shortly after 1750 settled on Rocky River, then in Anson 
County, afterwards Mecklenburg, now Cabarrus. Nathaniel 
Alexander, who held the rank of Captain in the North Carc^ 
lina militia, under the command of Col. Hugh Waddell, was 
active in protecting the Rowan frontiers against Indian in- 
cursions during the French and Indian War. William Lee 
Alexander, a student at Princeton, a lieutenant in the Con- 
tinental line during the Revolution, and a very distinguished 
lawyer in his day, resided for some years in Salisbury; and 
his sister, Sarah, was doubtless living in his home at the time 
of her marriage to Archibald Henderson. f 

Three children blessed the happy union of Archibald and 
Sarah Alexander. An early sorrow of their married life was 
the loss in infancy of a son, named Roger Griswold for Mr. 
Henderson's warm friend and colleague in Congress, the dis- 
tinguished Federalist of Connecticut. Two children who 
survived were Archibald and Jane Caroline. Archibald, who 
was born on January 8, 1811, was educated at Yale (1826-28) 
and at the University of Virginia (1828-31), from which 

♦Johnston : History of Cecil County. The title was restored, about a century- 
later, to Nathaniel Alexander, of Londonderry, Ireland, for distinguished service 
in the British East Indian Army. 

tJohn Steele Henderson: History of the Alexanders. "Charlotte Observer," 
May 11, 1902. 


latter he was graduated in the School of Moral Philosophy, 
July 16, 1831. On December 14, 1840, he was married to 
Mary Steele Ferrand, a granddaughter of General John 
Steele. Jane Caroline, a fascinating belle of ISTorth Carolina 
society, was married in IsTovember, 1845, to the Hon. JSTa- 
thaniel Boyden, a native of Massachusetts, afterwards Mem- 
ber of Congress from iN'orth Carolina, and Associate Justice 
of the North Carolina Supreme Court. 

About eight o'clock on Monday night, October 21, 1822, 
Archibald Henderson, at the age of fifty-four, died at his 
home in Salisbury. In honor to his memory, the Justices of 
the Supreme Court of ITorth Carolina and the members of 
the bar in attendance upon the Court unanimously adopted 
the following resolutions : 

Resolved, That we have heard, with' the deepest sorrow, of the 
melancholy event which, since the last term, has taken from our 
country its distinguished citizen and deprived us of our much 
esteemed associate, Archibald Henderson, Esq. 

Resolved, That as a token of respect for the memory of our de- 
ceased friend, we will wear crepe on the left arm for one month.* 

In the Ealeigh Register of N"ovember 1, 1822, the follow- 
ing obituary notice appeared : 

At Salisbury, in this state, after a very short illness, Archibald 
Henderson, Esq., Counsellor at Law. This Gentleman's death is a 
public loss, for he was one of the most distinguished Members of the 
Bar in the State, and a man of unblemished integrity and honour. To 
his family his loss is irreparable, whether we consider the breach 
in their domestic happiness, or the deprivation of his eminent talents. 

On Wednesday, October 23, at a meeting of the directors 
of the State Bank of North Carolina, Salisbury Branch, of 
which Archibald Henderson had long been president, the fol- 
lowing preamble and resolutions were introduced by Col. 
Thomas G. Polk and unanimously adopted : 

The Directors of this Branch Bank, deeply penetrated with the 
magnitude of the loss which the institution, in common with the 

*Hillshorough Recorder, January 15, 1823. 


State, has sustained in the death of their much respected President, 
Archibald Henderson, Esquire, do hereby resolve, — 

1st. That they have ever entertained the highest veneration for 
his virtues, his talents and his integrity. 

2d. That, in testimony of the high regard they feel for his char- 
acter, they will, together with the other officers of this Bank, wear 
crape on the left arm for the space of thirty days. 

3d. That the proceedings of this meeting be published in the 
Western Carolinian, under the direction of the Cashier. 
From the minutes. 

Junius Sneed, Cashier* 

At Lincolnton, on Friday, October 25, the members of the 
bar in attendance on the Superior Court, held a memorial 
meeting attended by John R. Donnell, the presiding judge. 
At this meeting, over which the Hon, Joseph Wilson, Solicitor 
General, presided, with James Graham as secretary, the fol- 
lowing resolution, of several, was passed : 

Resolved, as the unanimous and deeply felt sense of this meeting, 
that we consider the death of Archibald Henderson a severe afflic- 
tion, not only to his professional brethren and friends, but to all who 
knew him in the wide range of his usefulness. Recollecting his pure 
and spotless integrity, his profound erudition in the science of the 
Law, his unequalled powers as an Advocate, the distinguished 
urbanity of his manners, and his frankness in imparting to others 
from the vast store of his legal learning ; and remembering how 
uniformly his transcendent talents and virtues have been devoted to 
the best interests of our country, his death we deplore as a great 
national loss.f 


In all that has been said, thus far, of the man, his life, 
character, and political record, no account has been given of 
his career as a lawyer. Yet it was as a lawyer that he left a 
profound impression upon his contemporaries and bequeathed 
to posterity a repute that may well be regarded as enviable. 
After the lapse of a century, it is extraordinarily difficult to 
pierce the veil of the past and see the gTeat lawyer in his 
habit as he lived. Had he been Supreme Court Justice, his 
written opinions would serve as memorial of his legal leam- 

*Western Carolinian, Salisbury, October 29, 1822. 

■\ Western Carolinian, November 12, 1822. For this extract, I am indebted 
to Dr. Stephen B. Weeks. 


ing and mental attainments. But as advocate and counsellor, 
he must rely for renown solely upon the judgment of his con- 
temporaries. Like the actor who (before the days of phono- 
graphs and motion pictures) must rest his fame on the im- 
mediate impressions created upon the hearts and minds of 
his audience in the theater, the lawyer achieves high repute 
almost exclusively through the opinions of his gifts as orator, 
logician, scholar, and advocate, handed down through the 
graphic pictures of contemporary record, vivid memory, or 
constant and authentic tradition, caught in the purlieus of the 
law courts or in the halls of justice. In recognition of this 
immitigable limitation, the effort will here be made to give a 
faithful picture of Archibald Henderson, the advocate and 
legal counsellor, as mirrored in the minds and hearts of his 

"Who now knows anything of Archibald Henderson, famil- 
iarly known as 'Baldy' Henderson fifty years ago?" once 
asked the late Col. R. B. Creecy. "He was the great lawyer 
of his time in ISTorth Carolina. . . . And yet, gTcat as he 
undoubtedly was, interesting as was his private and personal 
history, and full of useful lessons as was the whole story of 
his life, we have never seen any mention of him in any en- 
during record." Tortunately there has been preserved in an 
"enduring record," not an account of Henderson's life and 
career, which is nowhere to be found, but an estimate of his 
character as lawyer, citizen, and publicist. As an analysis of 
moral qualities and an appraisal of civic virtues, this essay in 
character-delineation is unsurpassed in the entire range of our 
ITorth Carolina literature. It is the obituary account, or 
more accurately speaking, essay in psycho-analysis, published 
at the time of Henderson's death by his close friend and warm 
admirer, Judge Archibald D. Murphey, over the pen name of 
"Philo Florian."* Four years later, the same brilliant pub- 

*Sketch of the Character of Archibald Henderson as a Lawyer. Raleigh 8tar, 
January 10, 1823 ; Salisbury Western Carolinian, January 14, 1823 ; Hills- 
borough Recorder, January 15, 1823 ; Newbern Carolina Sentinel, February 15, 
1823. This sketch is copied, with some inaccuracies, in J. H. Wheeler : His- 
torical Sketches of North Carolina, II, 386-390. For an exact draft, see The 
Papers of Archibald D. Murphey, edited by W. H. Hoyt, II, 312-319. 


licist, one of the most distinguislied scholars and broad- 
visioned, forward-looking men ever born in ISTorth Carolina, 
drew a gallery of admirable pen-pictures of North Carolina 
characters in his justly famous oration at Chapel Hill (June 
27, 1827). In this address at the University of North Caro- 
lina, Judge Murphey describes Archibald Henderson as "upon 
the whole, the most perfect model of a lawyer that our bar 
has produced." In an interesting letter commenting upon 
that address, Chief Justice John Marshall, who for thirty-odd 
years presided over the Federal Circuit Court and had often 
heard Archibald Henderson at the bar, pronounced him as 
being "unquestionably among the ablest lawyers of his day." 
Upon another occasion, Marshall pronounced Henderson "one 
of the great lawyers of the Nation." At the time of Hender- 
son's death, because of the universal recognition of his emi- 
nence as a lawyer, Judge Murphey urged that a monument 
to his memory bc' erected by the bar of the State. This monu- 
ment, which bears the memorable epitaph written by Mur- 
phey, was so erected, and is still standing in the old "Luth- 
eran Graveyard" at Salisbury. It is believed to be the only 
monument to a lawyer as such, ever erected in North Caro- 
lina and by the bar of the State. 

That shrewd student and astute critic of men and affairs, 
David L. Swain, in describing the bar of North Carolina, 
cited Archibald Henderson, Thomas Ruiiin, Archibald D. 
Murphey, William Gaston, Joseph Wilson, Judge SeaweU, 
Gavin Hogg, and Moses Mordecai as the greatest lawyers 
of the day practising before the Supreme Court. Archibald 
Henderson is characterised as "probably the most eloquent 
and successful advocate in criminal offenses, who ever ap- 
peared at the bar in North Carolina."* As an orator, he 
has been spoken of as one who "sustained the character of 
the profession for legal learning and general literature." 
The Hon. Burton Craige, who had often seen and heard 
Henderson at the bar, once said that "he never spoke 

*D. L. Swain : Early Times in Raleigh. 1867. 


more than an hour in any case, but that every word that he 
uttered was an argument, every sentence eloquence in its 
true sense, the power of conviction." If his contemporaries 
and the immediately succeeding generation are to be credited, 
Mr. Henderson must have especially excelled as an advocate. 
John W. Moore, the historian of North Carolina, says that he 
was "one of the very greatest advocates North Carolina has 
produced. . . . Mr. Henderson classes as an advocate 
with William Hooper, Governor Davie, Judge Badger, and 
Governor Bragg, and was perhaps of larger influence as a 
practicing lawyer than any of them." 

When a young man, Henderson incurred an injury to the 
trachea, which impaired the naturally fine tone of his voice. 
Despite this handicap, says Dr. Caldwell, "the strength and 
compass of his mind, his sagacity and penetration, and his 
power in analysis and argument, and readiness in debate were 
undiminished, and they all increased with his advancement 
in years and experience, until he ultimately rose to the head 
of the bar in North Carolina, and retained that station to the 
close of his life." Men have spoken of "the impetuous tor- 
rent of his eloquence which captivated juries" ; and Judge 
Murphey, whose languag'© is more nicely discriminating, thus 
details his attributes as an advocate: "His style and manner 
of speaking at the bar were extremely impressive. 
He always came to the trial of causes well prepared ; and if 
the state of his health or his want of preparation were likely 
to jeopardize his reputation in the management of his client's 
case he would decline the trial until a more favorable time. 
The courts in which he practiced, and his brother lawyers, 
understood the delicacy of his feelings upon this point so well 
that they extended to him the indulgence he required, and a 
knowledge of this part of his character gave confidence to his 
clients and attracted crowds of people to hear his speeches. 
When he rose at the bar no one expected to hear common- 
place matter; no onei looked for a cold, vapid, or phlegmatic 
harangue. His gTeat excellence as a speaker consisted in an 
earnestness and dignity of manner and strong powers of 


reasoning. He seized one or two strong points, and these he 
illustrated and enforced. His exordium was short and ap- 
propriate; he quickly marched up to the great point in con- 
troversy, making no manoeuvre as if he were afraid to ap- 
proach it, or was desirous of attacking it by surprise. The 
confidence he exhibited of success he gradually imparted to 
his hearers ; he grew more warm and earnest as he advanced 
in his argument, and seizing the critical moment for enforc- 
ing conviction, he brought forth his main argument, pressed 
it home and sat down." 

The Hon. William A. Graham, who wrote excellent bio- 
graphical studies of Archibald D. Murphey, George E. Bad- 
ger, and Thomas Ruffin, and was eminently qualified to pro- 
nounce judgment upon the merits of ITorth Carolina's lead- 
ing lawyers, places Archibald Henderson, William Gaston, 
and George E. Badger at the head of the list. Of Thomas 
RufBn, he says that for the period from 1818 to 1825, "he 
had hardly a rival in the bar of the Supreme Court of the 
State or the Circuit Court of the United States, except Archi- 
bald Henderson and Gaston." Of George E. Badger, he 
says : "At the bar of the State he wore the mantle of Gaston 
and Archibald Henderson for a much longer period than 
either, worthily and well, with no diminution of its honors."* 
The late Judge R. R. Heath, who was familiar with Hender- 
son's history and personal characteristics, described him as 
"the greatest lawyer the State had produced before Mr. Gas- 
ton's time" ; and the late Captain Charles Price, a lawyer of 
eminence, described him as "in his day the greatest lawyer of 
the State." 

Certain distinctive qualities marked his career as a lawyer, 
and characterized his advocacy at the bar. "The sublime 
idea that he lived under a government of laws was forever 
uppermost in his mind," says Judge Murphey, "and seemed 
to give a coloring to all his actions." Respect for the court 
and its officers, reverence for and obedience to the laws ; deli- 

*Cf. W. J. Peele : Lives of Distinguished North Carolinians, 113, 206, 290, 


cate conscientiousness in always endeavoring to live up to the 
highest ideals of the legal profession, in no matter how slight 
a case; intellectual and emotional sympathy with the men- 
tality and sentiments of the average man — these were con- 
spicuous attributes of his character. Perhaps nothing en- 
deared him so much to the common people or so effectually 
won their hearty commendation as the oft-expressed convic- 
tion that "the laws were made for the people, and they should 
be interpreted and administered by rules which they under- 
stood, whenever it was practicable: that common sense be^ 
longed to the people in a higher degree than to learned men, 
and to interpret laws by rules which were at variance with 
the rules of common sense, necessarily lessened the respect of 
the people for the laws, and induced them to believe that 
courts and lawyers contrived mysteries in the science merely 
for the purpose of supporting the profession of lawyers." He 
was the inveterate foe of legal pedantry; and in his own 
practice he translated with rare clarity the mysteries of the 
law into the simple and expressive language of daily life. 


The fatal defect of much biographical literature, espe- 
cially of the briefer sort, is the pointlessness of its panegyric. 
The subject furnishes the text for a cold catalogue of formal 
virtues; and the result is that the differentiating qualities, 
the distingTiishing traits, of the individual character are 
wholly lost sight of. Replace the name of the person bio- 
graphed by that of another character in the same sphere of 
activity, and, save for a few dates, the colorless virtues and 
glittering generalities associated with the original remain 
equally applicable to the substitute. In order to escape even 
a semblance of this singular, yet patent, defect of brief 
biography, a number of personal incidents descriptive of 
character, loosely called "anecdotes" by an earlier genera- 
tion, may serve to give some conception of the deeper instincts 
and larger emotions of Archibald Henderson, the man. 


Genuine insight into the character of an individual may be 
gained through a knowledge of the persons and characters 
who incarnate that individual's highest ideals. ISTo man who 
ever lived in ITorth Carolina, William Hooper not excepted, 
surpassed Archibald Henderson in exalted admiration for 
George Washing-ton and profound veneration of his memory. 
Doubtless his first view of Washington at Salisbury in 1791, 
when he himself was in his early twenties, left upon him an 
impression so deep and moving as to tinge the whole fabric 
of his life and thinking. 

When Fisher Ames, the distinguished Federalist, was given 
the congenial task of penning the answer of Congress to 
Washington's last message in December, 1797, he gave free 
play to his ardent Federalism and flowing rhetoric, lauding 
Washington's administration and pronouncing an eloquent 
eulogy of his life and services. The carping and bitter Vir- 
ginian, William Branch Giles, supported by Nathaniel Ma- 
con, Andrew Jackson, and nine others, voted nay on the 
answer. Among other things, Giles ungraciously said that if 
others regretted the retirement of the Father of his Country, 
he for his part wished him to retire at once ; and furthermore, 
that he thought the country would not suffer, as many men 
could fill the office of President with credit and advantage. 
The story is still told in Granville County that, when the news 
of Branch's speech against Ames's answer reached Williams- 
boro, Archibald Henderson, deeply incensed, declared that 
Giles's vote and sentiments "sprang from the oscillation of a 
wicked heart." 

An incident which occurred at Salisbury testifies with 
equal vividness to Archibald Henderson's reverential esti- 
mate of the greatness of Washington. In preparing a series 
of toasts for the very elaborate July 4th celebration at Salis- 
bury in 1803, General John Steele gave to the fourth toast 
the following form: "To our illustrious fellow citizen 
George Washing-ton and the long list of Statesmen and Heroes 
who cooperated with him in the establishment of American 
independence." The toast was altered to read, simply, "To 


the Memory of Greneral Washington" — in deference to the 
earnest representations of Archibald Henderson, who urged 
that "to connect with that name any other name or descrip- 
tion of characters would derogate from the respect due to it." 

Archibald Henderson was a great lover of learning, a dili- 
gent reader of the classics, and a profound student of law in 
its wider bearing upon the course of human history. In his 
richly stored library, teeming with works of history and the 
classics, were scores of volumes by the greatest legal authori- 
ties of Great Britain.* At the age of twenty-seven, along 
with General William R. Davie and Mr. James Hogg, the 
two men chiefly instrumental in the founding and location of 
the University of ISTorth Carolina, Archibald Henderson was 
elected a member of the Dialectic Society upon its organiza- 
tion in 1795. Throughout his life he remained a warm ad- 
herent of the University of I^orth Carolina — although his own 
son studied at Yale and at the University of Virginia. When 
the General Assembly of 1800, as the result of the great hos- 
tility to the University aroused by the litigation under the act 
of 1794 to recover unsold confiscated lands, repealed this act 
and also the act of 1789, gTanting escheated property, Archi- 
bald Henderson was deeply distressed, and wrote to Walter 
Alves (Jan. 2, 1801) : "Alas! alas! the Legislature of Ho. 
Carolina to wage war against the arts and sciences ! I blush 
for my native State. My dear sir, this Phrenzy must be 
checked or our Country will be lost for ever. That spirit 
which agitated Europe for ten years and continues to con- 
vulse it seems to be exercising its all powerful energy in the 
U. States and particularly in ISTo. C."f 

During his lifetime, Archibald Henderson was not only 
held in popular esteem as a "philanthropic and worthy citi- 
zen," but was revered as being "remarkable for his benevo- 
lent qualities." The late Dr. Theodore Bryant Kingsbury, 
the author of an unpublished sketch of Granville County, 

*An appreciable portion of this library, the books bearing Archibald Hender- 
son's book-plate, is still preserved. 

tin 1809 Archibald and Leonard Henderson each subscribed one hundred 
dollars to aid in the completion of the South Building at the University. 


says of him : "But few of the many able lawyers of our State 
ever so impressed their fellow men for uncommon powers as 
did this illustrious and admirable man. He was amiable 
and true and noble. . . ." Moore, the historian of ISTorth 
Carolina, says : "He was one of the very ablest lawyers ever 
seen in the State and possessed virtues to match his intelli- 
gence."* Many instances are recorded of his kindly and 
humane disposition, and his ready sympathy for those in 
sorrow and distress. Especially was this true in the case of 
the downtrodden, the afflicted, and the oppressed, whose 
heritage and environment cooperated in gTeat measure to 
make of them lawbreakers and criminals. 

Upon one occasion he was summoned to make the long 
journey from Salisbury to Smithiield, to prosecute a man for 
murder; and he was offered an extraordinarily large fee for 
his legal services. When he arrived at the court house, the 
prisoner's wife, ,who was dressed in black, saw and immedi- 
ately recognized him. Knowing by reputation his almost 
uncanny skill as a criminal lawyer, the poor woman gave a 
shriek of horror, and throwing up her hands, exclaimed : 

"My God, Mr. Henderson, have you come all this long way 
to convict my poor husband of murder ?" 

So touched and affected was he by this moving plea that 
he bowed his head, and abandoning the case, immediately left 
the court room. Mounting his sulky, he drove, in silent medi- 
tation, all the way back to Salisbury. f 

Archibald Henderson was vigorously opposed to slavery, 
and believed that the intellectual, economic, and social prog- 
ress of the South would continue to be seriously retarded so 
long as the negro remained enslaved. The sentiments in re- 
gard to slavery voiced by his friend, William Gaston, at the 
University of North Carolina in 1832, might well have been 
uttered by himself: "It stifles industry and represses enter- 
prise; it is fatal to economy and providence; it discourages 

♦History of North Carolina, I, 428, footnote. 

tThis Incident is erroneously associated, by Judge W. H. Battle, with the 
name of Leonard Henderson. 


skill, impairs our strength as a community, and poisons 
morals at the fountain head." He heartily endorsed the prin- 
ciples of the American Colonization Society, the fundamental 
purposes of which were to encourage emancipation and to aid 
the emigration of the emancipated to Africa. It was be^ 
lieved that, as soon as an asylum should be found for the freed 
negroes, emancipation would steadily increase. The society 
began to establish branches in North Carolina in 1819, the 
work being under the direction of the Rev. William Meade, of 
Virginia, afterwards famous as Bishop. In Raleigh, accord- 
ing to the Rev. Mr. Meade's report to the society, he found 
"the same unanimity of sentiment (as at Fayetteville) . The 
Supreme Court being in session, many of the judges and 
lawyers were collected from the different parts of the State, 
who cordially joined in the society and testified to the gen- 
eral prevalence of good will to it throughout the State. At a 
meeting for forming a constitution, the highest talents, au- 
thorities and wealth of the State were present, and unani- 
mously sanctioned the measure."* Both Archibald and Leon- 
ard Henderson were vice-presidents of the Raleigh Society 
(1819), of which Governor Branch was president ; and Major 
Pleasant Henderson was a vice-president of the Chapel Hill 
Society (1820), of which the Rev. Joseph Caldwell, Presi- 
dent of the University of North Carolina, was president. f 

So successful was Archibald Henderson in the pleading of 
a cause that at times he seemed to throw over his hearers an 
almost hypnotic spell, causing a temporary remission of judg- 
ment almost compelling conviction. A well-authenticated 
anecdote is related in connection with a case, in which he 
secured a verdict of acquittal for the defendant who was 
accused of stealing a pig. After the successful termination 
of the trial, Mr. Henderson asked his client : 

"Well, sir, what is the truth about stealing this pig ?" — 
to which his admiring client, with naive earnestness, replied : 

*Mss. minutes, Board of Managers American Colonization Society. Report of 
Meade, June 21, 1819. 

tS. B. Weeks : Anti-Slavery Sentiment in the South. "Publications of the 
Southern History Association," II, 2 ; April, 1898. 


"To tell jou the truth, Mr. Henderson, before I heard you 
speak in my defense, I thought I had stolen that pig. But, 
sir, I frankly acknowledge now that you have fully convinced 
me of my own innocence." 

The reputation he bore as a repository of legal lore some- 
times had amusing consequences. An interesting character 
in Stokes County was the Lutheran-Moravian divine, Gottlieb 
Schober, a shrewd old German, who enjoyed considerable 
local repute as a rough-and-ready lawyer, and twice repre- 
sented his county as Senator in the State Legislature. Upon 
one occasion a prospective client came to Schober and solicited 
his legal advice. 

"The fee, mine friend," said Schober, "is five dollars." 
On receiving the fee, the thrifty old German stuffed the 
money into his purse, snapped the clasp, dropped the purse 
into his pocket, and then leaning eagerly forward, said with 
great earnestness: 

"You haf paid me for my legal advice, mine friend, and 
now I gif it to you. Go out of here, get on your horse, and 
ride as fast as you can to Salisbury. You go to see old Paldy 
Henderson. My legal advice to you, mine friend, is: What- 
ever old Paldy Henderson tells you to do — you do." 

About the year 1815 a wide-spread network of crime, in 
the way of counterfeiting money and altering bank bills, 
spread over Western ISTorth Carolina. The center of this ne- 
farious industry was in Rutherford County; and citizens of 
some prominence were said to have been implicated in the 
conspiracy. The terror of the counterfeiters was the gTeat 
solicitor, Joseph Wilson, a man of "iron will, determined 
purpose, and massive intellectuality." For some years the 
counterfeiters flourished to an extent which baffles modern 
comprehension, and public opinion in condemnation of their 
practices was exceedingly difficult to arouse. "Early in 1822 
indictments came thick and fast against the leaders of the 
band for 'deceit' and 'fora:erv,' and they employed Baldy 
Henderson, the astute criminal lawyer and peerless advocate, 


to defend tliem. He seized upon every pretext for continu- 
ance, and urged removal of the cases to different counties 
from those where the presentments originated. When their 
friend and counsellor, Mr, Henderson, died in October of the 
same year, before having secured their acquittal, these strong 
desperate men wept like children, declaring that 'Baldy Hen- 
derson was their only hope of escape from the ha ads of Joe 
Wilson, the prosecutor.' "* 

Archibald Henderson had an immense legal practice, be- 
fore the Federal Circuit Court, presided over by John Mar- 
shall, before the Supreme Court of the State, and in the Su- 
perior Courts. In important cases, men of the stamp of 
Waightstill Avery, William Duffy, Archibald D. Murphey, 
Frederick Nash, William Gaston, Henry Seawell, Thomas 
Euffin, and Gavin Hogg were associated with him; and he 
and Gaston crossed swords upon more than one memorable 
occasion in the halls of the Supreme Court. Henderson's 
greatest legal victories, it is believed, were made without the 
assistance of counsel, and his power in clearing some des- 
perate criminal from the clutches of the law seemed to be 
almost akin to wizardry. One of his best remembered 
achievements is the clearing of the infamous desperado, 
Nixon Curry, a notorious thief and murderer. In the eyes 
of his friends, Curry, who was utterly fearless, appeared as 
a hero; and the case, when it finally came up for trial at 
Morganton at the Spring term of the court in 1821, filled the 
court room with a dense and excited throng. 

"Baldy Henderson conducted the defence in a forensic effort of 
great adroitness and power. He commenced by frankly admitting 
that the prisoner's character was blackened by every crime known to 
the law, but reminded the jurors that they were under the sanctity 
of an oath to try him for the particular offence of which he was 
accused, and no other. He also appealed to them to divest them- 
selves of prejudice and dismiss preconceived opinions. As a slave 
was not allowed to testify in a court of justice the evidence of the 
negro who had seen Curry just previous to the killing of (Ben) 

*F. B. McDowell : Some Types of Early Days. "Charlotte Dally Observer," 
December 12, 1897. 


Wilson, was excluded ; and Curry while in jail or in hiding, having 
married Dovey Caldwell, effectually silenced her as a witness, the 
wife being debarred by law from giving testimony against her hus- 
band. Without these two important witnesses, the State could not 
make out a very strong case, and the jury returned a Scotch verdict, 
of guilty, but not proven. 

"After the termination of the trial, the sheriff accompanied Curry 
to the room of the attorney who had secured his acquittal, and in 
order to show liis appreciation Curry emptied a pocket full of gold 
upon the table and begged his advocate to help himself. Without any 
ceremony, Mr. Henderson swept the whole amount into the drawer ; 
and when Curry mildly suggested that the charge was pretty steep, 
'Old Baldy' is reported to have emphatically answered : 'No, it will 
take every dollar to wash my hands clean of your infernal ras- 
cality.' "* 

Archibald Henderson had unbounded reverence for the 
law, and implicit faith in the essential virtue and justice of 
the courts. He always carried a cane with ivory head upon 
which was a silver plate, bearing the inscription which h© 
held as his mottp: Fiat Justitia Ruat Coelum^ — "Let justice 
be done, though the heavens fall." His son was astonished to 
learn one day that, although he was esteemed a great lawyer, 
he had never taken the precaution to make a will. When the 
matter came up for discussion, Mr. Henderson summarily ■ 
disposed of the question with the quiet assurance : 

"My son^ the law makes the best will." 


Two pen-pictures from the same hand, the one gTavely 
formal, the other intimate and personal, will survive as vital 
contemporary estimates, sincere in feeling, classic in expres- 
sion. The one is the inscription upon the beautiful monu- 
ment over his gTave in Salisbury : 

In Memory of 

Archibald Henderson 

to whom his associates at the Bar have erected 

this Monument 

to mark their veneration for the character of a Lawyer 

who illustrated their profession by the extent of his learning, 

and the 

"F. B. McDowell : 8o7ne Types of Early Days, ibid. 


unblench'd integrity of his life: 

of a Man 

who sustained and embellished all the relations 

of Social Life 

with rectitude and benevolence: 

of a Citizen 

who, elevated by the native dignity of his mind above the 

atmosphere of selfishness and party, pursued 

calmly, yet zealously, the true interest of his country. 

His loss was felt with a sincere, general and 

unmixed Sorrow. 

Decessit XXI Die Octobris 

Anno Domini MDCCCXXII, ^.t. suae LIV. 

The other portrait is the opening paragraph of the essay of 

"Philo Florian" : 

"I became acquainted with Archibald Henderson in the year 1803, 
and from that time to the time of his death, I looked to him as a 
model of that perfect character in the profession of the law which 
all his brethren should be ambitious to imitate. From him, judges 
might learn wisdom and discretion, and lawyers the dignity of their 
profession and the high duties which it imposes. I here speak only 
of his professional character ; that which he exhibited to his country 
for more than twenty years, with a force and effect that ought to be 
remembered as long as a reverence for our civil institutions shall be 
cherished. No man could look upon him without pronouncing him 
one of the great men of the age. The impress of greatness was upon 
his countenance ; not that greatness which is the offspring of any 
single talent, or moral quality ; but a greatness which is made up by 
blending the faculties of a fine intellect with exalted moral feelings. 
Although he was at all times accessible, and entirely free from 
austerity, he seemed to live and move in an atmosphere of dignity. 
He exacted nothing by his manner ; yet all approached him with 
reverence, and left him with respect. The little quarrels and con- 
tests of men were beneath him : their bickerings, their envyings, their 
slanderings, and all the workings of their little passions kept at a 
distance from him : and I have often seen him discomfited at the 
bar, when contending for his clients, in cases where the little pas- 
sions only had play. His was the region of high sentiment ; and 
there he occupied a standing that was preeminent in North Carolina. 
He contributed more than any man since the time of General Davie 
and Alfred Moore, to give character to the bar of the state, and to 
impress upon the people a reverence for their courts of justice. His 
career at the bar has become identified with the history of North 
Carolina, and his life and his example furnish themes for instruc- 
tion both to gentlemen of the bench and to his brethren of the bar. 
May they study his life and profit by his example !" 



Speech of Archibald Henderson, of jSTorth Carolina, 
Opening the Debate on the Judiciary Bill in the 
House of Representatives.* 

On Monday, February 15, 1802, Mr. Davis called for the 
order of the day, on the Judiciary Bill from the Senate. On 
this day, several motions for postponement or adjournment 
were lost. 

On Tuesday, February 16, the great debate was opened by 
the speech of Mr. Archibald Henderson, of ]!»[orth Carolina, 
as follows: 

Mr. Henderson. I should not rise to offer my opinion 
on the great question now before the committee, were I not 
placed in a situation different from that in which I have been 
since I have had the honor of a seat in this House. The 
legislature of the State of Horth Carolina, one of whose rep- 
resentatives I am on this floor, have seen proper to instruct 
their Senators, and to recommend to their representatives in 
Congress, to use their exertions to procure a repeal of the law 
passed the last session of CongTess, for the more convenient 
organization of the courts of the United States ; and as the 
bill on your table has for its object the repeal of this law, and 
as / shall probably vote against its passage, a decent respect 
for the opinions of those who have framed and sent forward 
those resolutions, demand that I should give the reasons 
which influence my conduct. 

And here, Sir, I cannot forbear lamenting extremely that 
I should unfortunately be placed in a situation where the 
highest obligations of duty compel me to act in opposition to 
the wishes of that community to which I immediately belong. 
It is certainly of great importance that as public function- 

♦The text of Archibald Henderson's speech, as here given, Is reproduced from 
a rare volume, entitled : DEBATES In the Congress of the United States on the 
BILL for repealing the LAW "for the more convenient organization of the 
courts of the United States," During the First Session of the Seventh Congress, 
and a List of the Yeas and Nays on that Interesting Subject. Albany. Printed 
for Collier and Stockwell. 1802. 


aries we should not only discliarge those trusts committed to 
us with fidelity, and for the general good, but in such a man- 
ner as to give satisfaction to those for whom we are acting. 

And if I know the feelings of my own heart, I declare, 
that next to the consciousness of having performed my duty 
with uprightness, my highest satisfaction is the knowledge 
that in the discharge of this duty I meet the approbation of 
my fellow men. But, Sir, if this approbation is only to be 
obtained by the unconditional surrender of my understanding, 
and the violation of my oath, I hope I shall be excused if I 
do not make this sacrifice at the altar of public opinion. In- 
deed, Sir, were I disposed to forego my own opinion, and 
adopt that of the legislature of my own state, were I inclined 
to say, thy will be done and not mine, I should first demand 
of them an absolution from the oath which I have taken to 
support the constitution of the United States. As long as 
that oath is binding on me, I see an insuperable objection to 
my acting in conformity to their wishes. 

I will further remark. Sir, that I am not a little surprised 
that that augTist body should have undertaken to decide on a 
question not necessarily before them, without having an op- 
portunity of hearing the arguments which may be used here 
either on one side or the other. I will not permit myself for 
a moment to believe the measure originated in a want of con- 
fidence in those who represent the State and the people in this 
assembly. And yet, if that confidence exists, the reasons for 
this procedure do not immediately present themselves to the 

I hope. Sir, it will not be understood that I mean to cast the 
most distant shade of disrespect on that body. I feel too 
great respect for the legislature of my native State to be 
gaiilty of such an attempt. ISTo doubt but they were influenced 
by the purest and most correct understanding. It does not 
follow, by any means, that because my weak and feeble mind 
cannot discover perfect propriety in the conduct of men, that 
therefore it does not exist. 

Having premised thus much, Mr. Chairman, I will pro- 


ceed to an examination of the question under consideration. 
It has been usual to divide it into two parts ; first^ the expedi- 
ency ; and secondly, the authority of Congress to pass the law 
on the table. This is a natural and correct division; but I 
shall invert the order of considering the question, and first 
examine our power to act, before we consider the expediency 
of acting. And if, after a calm and candid review of the con- 
stitution, it should be found that we are prohibited from pass- 
ing the bill, there will be no necessity for inquiring into the 
expediency of repealing the law passed last session of Con- 
gress for organizing our courts of justice. The relative merits 
of the old and new judiciary system will be entirely out of 
view. For I am confident that there is not a member of this 
body who would wish to pass the bill on your table, if in doing 
it we must violate the sacred charter under which we are now 

The people o^ Aknerica have obtained and established, 
that the powers of government shall be vested in three 
great departments; the Legislative, the Executive and the 
Judicial. They have said, that there shall be a House 
of Representatives, the members of which shall be chosen 
by the people of the several states every second year. Though 
this House is composed of members chosen by the people 
immediately; though they can have no other interest than 
the great community from which they were sent; though 
they must return to the common mass in the short period 
of two years; yet enlightened America did not see proper to 
entrust the power of making laws to this body alone; they 
knew that the history of man, and the experience of ag'es, 
bore testimony against the safety of committing this high 
power to any one assembly not checked by some other body. 
They have therefore erected another branch of the legis- 
lature, called the Senate, the members of which are not to 
be elected by the people immediately, but by the sov- 
ereigtities of the several states ; they are to be chosen for six 
years, and not for two; and the qualifications requisite to 
entitle those to a seat, is different from that of a member 


of this House. To these bodies are given the power of 
initiating all laws; but after a bill has passed both of these 
Houses, before it becomes of binding obligation on the nation, 
it must be approved of by the President ; it is a dead letter, 
until life is given by the executive. The President is elected 
not by the people, but by the legislatures of the several states, 
not by either House of Congress, but by electors chosen by 
the people. He is to hold his office during four years. This 
is the second gTeat department of the government. It will be 
easily discovered from this cursory view of our constitution, 
the caution and jealousy with which the people have con- 
ferred the power of making laws, of commanding what is 
right, and prohibiting what is wrong. But, Sir, after this 
law was made, after its authoritative mandate was acknowl- 
edged by the nation, it became necessary to establish some 
tribunal to judge of the extent and obligation of this law. 
The people did not see proper to entrust this power of 
judging of the meaning of their laws either to the legis- 
lative, or to the executive; because they all participated in 
the making of these laws; and experience had shown, that it 
is essential for the preservation of liberty, that the judicial 
and legislative authorities should be kept separate and dis- 
tinct. They therefore enacted a third department, called 
the Judicial, and said that "the judicial power of the United 
States shall be vested in one supreme court, and in such 
inferior courts as Congress may from time to time ordain and 
establish. The judges both of the supreme and inferior 
courts shall hold their offices during good behavior, and shall 
at stated times receive for their services a compensation 
which shall not be diminished during their continuance in 
office." It is admitted, I understand, by all parties, by every 
description of persons, that these words, shall hold their 
offices during good behavior, are intended as a limitation of 
power. The question is, what power is thus to be limited 
and checked? I answer, that all and every power which 
would have had the authority of impairing the tenure by 
which the judges hold their offices, (if these words were not 


inserted) is checked and limited by these words; whether 
that power should be found to reside in Congress, or in the 
executive. The words are broad and extensive in their 
signification, and can only be satisfied by being construed 
to control the legislative as well as the executive power. 
But gentlemen contend that they must be confined to limit- 
ing the power of the President. I ask gentlemen, what is 
there in the constitution to prove their signification to this 
end alone? When you erect a court and fill it with a judge, 
and tell him, in plain simple language, that he shall hold 
his ofiice during good behavior, or as long as he shall behave 
well; what, I beseech you. Sir, will any man, whose mind 
is not bewildered in the mazes of modem metaphysics, infer 
from the declaration ? Certainly that the office will not 
be taken from him until he misbehaves ; nor that he will be 
taken from the office during his good behavior. Under this 
impression he enters upon his duty, performing it with the 
most perfect satisfaction to all persons who have business 
before him; and the legislature, without whispering a com- 
plaint, abolishes the office and thereby turns out the judge. 
The judge is told : this is no violation of the compact, al- 
though you have behaved well, although we have promised 
that as long as you did behave well you should continue in 
office; yet, there is now no further necessity for your ser- 
vices, and you may retire. These words, "during good be- 
havior," are intended to prevent the President from dis- 
missing you from office, and not the legislature from de- 
stroying your office. Do you suppose, Sir, that there is a 
man of common understanding in the nation, whose mind 
is not alive to the influence of party spirit, that would yield 
his assent to this reasoning? I hope and believe there is 
not. But, Sir, how is it proved that the President would 
have had the power of removing the judges from their office, 
if these words, "during good behavior," had not been in- 
serted in the constitution ? Are there any words in that 
instrument which give the President expressly the power of 
removing any officer at pleasure? If there are, I call upon 


gentlemen to point them out; it does not result from the 
fashionable axiom^ that the power which can create, can 
destroy. The President can nominate, but he can appoint 
to office only by the advice and consent of the Sena^te. 
Therefore, it would follow, if the power of displacing re- 
sults from that of creating, that the Senate should participate 
in displacing as well as creating officers. But however this 
may be, it is certainly a mere constructive power which he 
has exercised, because the legislature have, from motives of 
expediency, acknowledged that he had it. If the constitu- 
tion does not necessarily give the President the right of re- 
moving officers at pleasure, and if that right depend upon 
legislative acts or constructions, where would have been the 
necessity for inserting these emphatic words as a check and 
limitation of executive power, when without them the Presi- 
dent has no such power ? You are taking great pains to con- 
trol a power which does not exist. The persons who framed 
our constitution knew that a power of removal in ordinary 
cases must exist somewhere. They took care, therefore, 
that in whatever hands it might fall, the language of the 
constitution respecting the tenure of the office of a judge 
should be co-extensive with the whole power of removal, 
whether it should reside in one or in more hands. 

But, Sir, these words, during good behavior, are familiar 
to the American people. When the political bands which 
united us with Great Britain were burst asunder, and we 
assumed among the nations of the earth an independent 
station, most, if not all the states introduced these words 
into their constitutions. They were deemed essential, and 
a meaning has been stamped upon them which it is not in 
the power of this House to change. Let us for a moment 
examine some of the state constitutions, and see what sig- 
nification must of necessity be given to these words. I will 
first advert to the constitution of ISTorth Carolina, as being 
one with which I am best acquainted. In that instrument 
it is said, "that the General Assembly shall, by joint ballot 
of both Houses, appoint judges of the supreme court of law 


and equity, judges of admiralty and an attorney-general, 
who shall be commissioned by the Governor, and hold their 
offices during good behavior." I ask gentlemen what power 
is intended here to be limited and checked by the words 
"shall hold their offices during good behavior." Not the 
executive, for it is well known that the Governor of that 
state cannot appoint even a constable. It could not be the 
meaning of that constitution to check his power of removal, 
for that of appointment is not anywhere given to him. Then 
these words must mean, that the legislature should not have 
the power of removing the judges from office as long as they 
behaved well. If you do not give this signification to the 
words, they are of no importance, and might as well have 
been left out of the instrument. I hope the feelings of the 
people of North Carolina will not be hurt, and their under- 
standings insulted, by telling us that the meaning of the 
words may be satisfied by construing them to extend to a 
prohibition of the legislature displacing the judges, and pro- 
ceeding to the election of others^ without those displaced 
being giiilty of mishehavior. If this is correct, what se- 
curity. Sir, have the people then for the independence of 
their judges? The constitution has told them that they 
should be judged by men who, during the time they behaved 
well, should continue in office, or what is the same thing, 
should hold them during good behavior'. But they are now 
informed that this was intended to operate as a check upon 
the legislature's displacing them by selecting others to fill 
their offices when they had not misbehaved, but not to pre- 
vent their passing a law repealing that act by which the ap- 
pointment to office was made; or in other words, our as- 
sembly are expressly forbidden to impair the tenure by 
which our judges hold their, offices, as long as they behave 
well; but they can repeal the law, and the judges are out 
of office, though they may be the most virtuous, upright and 
able men in the country, and have discharged their duties 
faithfully. Are the gentlemen on this floor from North 
Carolina prepared to give this construction to that constitu- 


tion ? Are they prepared to tell their constituents that the 
provisions of their constitution may be thus evaded, and the 
whole power of government, legislative, executive and ju- 
dicial, be concentrated in the general assembly, and absolute 
despotism imposed upon them? If they are not, I conjure 
them to pause before they give their vote for the passage 
of the bill on the table. I will further observe, Mr. Chair- 
man, that words of the same import with those I have quoted 
from the constitution of ]S[orth Carolina, are to be found in 
the Virginia and South Carolina constitutions, in neither of 
which states hath the Governor the right of appointing 

In Virginia, Sir, the judges of the supreme court, in 1Y92, 
declared that the assembly of that state had not the power 
of imposing chancery duties on the district judge, and in de^ 
livering their opinions discanted at large on the independence 
of the judiciary, and said that the assembly could not an- 
nihilate the office of a judge, which was secured to him by the 
constitution. If this is a true exposition of the constitution 
of that state, I ask gentlemen by what authority they now 
attempt to impose a different meaning on the same words, 
when found in the constitution of the United States? Are 
we to suppose that the whole people of America were less 
regardful for their rights, less solicitous for independent 
judges, than the people of a particular state? And unless 
this is conceded, the doctrine of gentlemen who advocate 
the passage of this bill must be incorrect. 

But it has been said that the powers of each Congress are 
equal, and that a subsequent legislature can repeal the acts 
of a former ; and as this law was passed by the last Congress, 
we have the same power to repeal it which they had to enact 
it. This objection is more plausible than solid. It is not 
contended by us that legislatures who are not limited in their 
powers, have not the same authority. The question is not 
what omnipotent assemblies can do, but what we can do, 
under a constitution defining and limiting, with accuracy, 
the extent and boundaries of our authority. The very sec- 


tion in the constitution (sect, 3, art. 1), which I have 
read, is a proof against the power of every Congress to repeal 
the acts of their predecessors. In the latter part of the 8th 
section it is proposed, that the judges shall receive for their 
services a compensation, which shall not be diminished 
during their continuance in office; and yet the salary was 
fixed and ascertained by a former CongTess, The same 
observations may be made with respect to compensation for 
President, which can neither be decreased nor diminished 
during the period for which he shall have been elected. It 
is not competent for this Congress to vary the compensation 
to him, which has been fixed by a prior legislature. It is 
clearly seen, upon a little investigation, that the position 
which gentlemen take is too extensive, and leads immediately 
to a destruction of the constitution. It does away all check, 
and makes the legislature omnipotent. It has been asked, 
that if a corrupt and unprincipled Congress should make an 
army of judges, have not a subsequent CongTess the right of 
repealing the law establishing this monstrous judicial sys- 
tem ? I answer, that they have not ; the same mode of reason- 
ing which attempts to prove this right from an abuse of 
power, will also prove that you may lessen the compensa- 
tion of your judges. May not equal oppression be imposed 
upon the people, by giving your judges exorbitant salaries, 
as by increasing their numbers ? May not the same corrupt 
and unprincipled motive which would lead men to the raising 
of an army of judges, lead them to squander the public 
money ? And may they not, instead of giving their judges 
2000 dollars a year, give them 200,000 ? And yet, Sir, if 
these were to take place, I know of no authority under the 
constitution to lessen this exorbitant compensation. The gov- 
ernment of our country is predicated upon a reasonable con- 
fidence in those who administer our public ailairs. They 
must have the power of acting for the public welfare, and 
this would never have been given them if the possible abuse 
of this power were a sufficient reason for withholding it. 
I will take the liberty of observing further, that this part 


of the constitution, which forbids lessening the compensation 
to the judges during their continuance in office, furnishes a 
strong argument that it was the intention of the people to 
place their judges out of the control of the legislature as long 
as they behaved well; that they did mean to render them 
independent of the legislature to a certain extent, is obvious ; 
inasmuch as they inhibit the power of reducing their sala- 
ries. For it is evident, that if they could take from them 
their compensation, they might drive them from office; and 
the consequence would have been, that our judges would have 
felt all the dependence which results from a consciousness 
that another body has the power of diminishing their com- 
forts. I ask gentlemen if the framers of this constitution 
intended to give Congress) the power of abolishing the office 
of a judge, by repealing the law which created the office, 
and thereby displace the judge? Where could have been 
the propriety of forbidding his salary to be diminished 
during his continuance in office ? 

Is it possible to suppose that they were more anxious to 
secure that independence which results from permanency 
of compensation, than that which results from permanency 
of the office itself? That they should have been altogether 
regardless of the power which Congress was to have over 
the office, but limit with the utmost strictness their power 
of diminishing the salary, when the office itself, upon which 
the salary depends, was to be at the mercy of CongTCss ? I 
believe that such folly cannot, with justice, be attributed to 
these gTeat men who gave existence to this instrument. 

Again, Sir, the construction which gentlemen on the other 
side of the House would contend for, tends to the concentra- 
tion of legislative and executive powers in the same hands. 
If Congress, who have the power of making laws, can also 
displace their judges by repealing that which creates the 
offices they fill, the irresistible consequence is, that whatever 
law is passed the judges must carry into execution, or they 
will be turned out of office. It is of little importance to the 
people of this country whether Congress sits in judgment 


upon their laws themselves, or whether they sit in judgment 
upon those who are appointed for that purpose. It amounts 
to the same despotism; they in fact judge the extent and 
obligations of their own statutes by having those in their 
power who are placed on the sacred seat of justice. What- 
ever the legislature declares to be law must be obeyed. The 
constitutional check which the judges were to be on the legis- 
lature is completely done away. They may pass ex post 
facto laws, bills of attainder, suspend the vn-it of habeas 
corpus in time of peace; and the judge who dares to ques- 
tion their authority is to be hurled from his seat. All the 
ramparts which the constitution has erected around the liber- 
ties of the people, are prostrated at one blow by the passage 
of this law. The monstrous and unheard of doctrine which 
has been lately advanced, that the judges have not the right 
of declaring unconstitutional laws void, will be put into 
practice by the .adoption of this measure, l^ew offences 
may be created by law. Associations and combinations may 
be declared treason, and the affrighted and appalled citizen 
may in vain seek refuge in the independence of your courts. 
In vain may he hold out the constitution and deny the au- 
thority of Congress to pass a law of such undefined signifi- 
cation, and call upon the judges to protect him; he will be 
told that the opinion of Congress now is, that we have no 
right to judge of their authority ; this will be the consequence 
of concentrating judicial and legislative power in the same 
hands. It is the very definition of tyranny, and wherever 
you find it, the people are slaves, whether they call their 
government a monarchy, republic or democracy. 

Mr. Chairman, I see, or think I see, in this attempt, that 
spirit of innovation which has prostrated before it a great 
part of the old world. Every institution which the wisdom 
and experience of ages had reared up for the benefit of man. 
A spirit which has rode in the whirlwind and directed the 
storm, to the destruction of the fairest portion of Europe; 
which has swept before it every vestige of law, religion, mor- 
ality, and rational government; which has brought twenty 


millions of people at the feet of one man, and compelled them 
to seek refuge from their complicated miseries, in the calm 
of despotism. It is against the influence of this tremendous 
spirit, that I wish to raise my voice, and exert my powers, 
weak and feeble as they are. I fear, Sir, on the 7th of 
December, it made its appearance within these walls, clothed 
in a gigantic body, impatient for action. I fear it has al- 
ready begun to exert its all-devouring energy. Have you a 
judiciary system extending over this immense country, ma- 
tured by the wisdom of your ablest and best men ? It must 
be destroyed. Have you taxes which have been laid since 
the commencement of the government? And is the irrita- 
tion consequent upon the laying of taxes worn off ? Are they 
paid exclusively by the wealthy and the luxurious part of 
the community? And are they pledged for the payment of 
the public debt ? They must be abolished. Have you a mint 
establishment, which is not only essentially necessary to pro- 
tect the country against the influx of base foreign metals, but 
is a splendid attribute of sovereignty ? It must be abolished. 
Have you laws which require foreigners coming to your 
country to go through a probationary state, by which their 
habits, their morals and propensities may be known, before 
they are admitted to all the rights of native Americans? 
They must be repealed, and our shores crowded with the out- 
casts of society, lest oppressed humanity then should find no 
asylum on this globe! 

Mr. Chairman, if the doctrine contended for by gentlemen 
on the other side of the House should become the settled 
construction of the constitution, and enlightened America 
acquiesce with that construction, I declare for myself, and for 
myself alone, I would not heave a sigh nor shed a tear over 
its total desolation. The wound you are about to give it 
will be mortal; it may languish out a miserable existence 
for a few years, but it will surely die. It will neither serve 
to protect its friends, nor defend itself from the omnipotent 
energies of its enemies. Better at once to bury it with all 
our hopes. 


The First Secession Movement 

The late Dr. W. E. Wood, Superintendent of the Asylum, 
some years ago sent me tlie enclosed letter, with the proceed- 
ings of the first meeting declaring secession (in imitation 
of the Mecklenburg Declaration) ever held. This Declara- 
tion antedated the South Carolina Declaration more than 
two months. This was on 14 October, 1860, and that of 
South Carolina was on 20 December of that year. 

This is a valuable historical document, and, being from 
that section, I know the statements therein are entirely ac- 
curate. Walter Clark. 

Hon. Walter Clark_, 

Kaleigh, ^. C. 

My Dear Judge : — I herewith confide to your especial 
care — In Memoriam of a past age and a lost cause — the 
Minutes of the first declaration of secession ever formu- 
lated and promulgated in the Southern States. 

The history of this first declaration of secession principles 
have never been written, and therefore has never been gener- 
ally known. Mecklenburg with her declaration of 1775 has 
been oft and oft recorded in letters of living light, high on 
the pages of fame's immortal scroll in the New World's his- 
tory. Therefore, and wherefore should not this second 
movement in behalf of constitutional liberty and the sov- 
ereign rights of a chivalrous people, by the sages of old 
Halifax, in the startling era of the sixties, be handed down 
to our posterity in the history of American martyrs and 
Southern heroism. 

Perhaps in the remote future, amid the changes wrought 
by time in the destinies of States, it may come to pass, that 
the actors in the opening drama of 1860, who, thus launched 
forth this first declaration of secession in defiance of a 


World in Arms, will be considered sometliing more tlian 
irrational impulsive visionaries or impetuous fire eaters. 

With sentiments of distinguished consideration and es- 
teem, I am, Very truly your friend, 

William R. Wood. 

Scotland Neck, Oct. 14, 1888. 



County^ North Carolina, October 14th, 1860. 

Pursuant to previous notice issued for the purpose of 
eliciting an expression of opinion relative to the action of 
the people of North Carolina in the event of the certain elec- 
tion of a sectional President, the citizens of Halifax and 
adjoining counties of Edgecombe, Martin and Bertie asr 
sembled ''en masse" at Palmyra on the 14th inst. The 
meeting was largely composed of men of character, of influ- 
ence and standing in their separate communities. General 
David Clark, Thos. Jones, Samuel Hyman, A. P. Hyman, 
L. L. Savage, Henry B. Whitmore, Kenneth Thigpen, Dr. 
William R. Wood, W. R. Cherry and other kindred spirits 
were early on hand voicing the sentiments of our people in no 
uncertain words. Crowds of men, of all conditions and 
walks of life, from the great slave holders of the Roanoke 
Valley to the humblest, poorest man in the neighborhood, 
thronged the village and adjacent groves, manifesting deep 
and serious interest in the great m,omentous questions of 
the times. The meeting was called to order by the Hon. 
Kenneth Thigpen of Edgecombe. Thos. Jones, Esq., of 
Martin was nominated to the Chair and A. P. Hyman of 
Palmyra appointed Secretary. 

The Chairman in a brief incisive speech pointed out the 


evils of the hour, and with a master's hand portrayed in 
gloomy colors the threatening troubles hanging like a dark 
funeral pall over the institutions and destinies of the South- 
ern people. After Mr. Jones had explained the object and 
interest of the meeting, Gen'l David Clark of Halifax v^as 
called on to give his views of the situation. The general 
was peculiarly happy in the manner and delivery of his re- 
marks, and in a spirited, stirring talk of a few moments 
completely captured the audience, creating quite a sensation 
and electrifying his hearers by exclaiming in language most 
prophetic: "Gentlemen, Lincoln will be elected, all you hold 
dear, your wives, your children, your property and your 
sacred honors, are at stake. The hour has struck, the enemy 
is upon us. The time for action, decisive action, is at hand. 
The powers of evil have all combined against us to rob us of 
our substances and dishonor us in our manhood. We must 
act, act in the living present with all the sublime courage of 
heroes and martyrs. There is nothing stands between us 
now and our deadliest foes. The abolitionists and disunion- 
ists of the 'New England States, for the Democrats have 
played the devil and the Whigs have gone to hell." This 
brought down the house and the General retired amid a 
storm of applause. General Clark was followed by the 
young, impassioned and uncompromising advocate of seces- 
sion, Dr. William R. Wood of Scotland ISTeck, in a political 
argument on the right of secession, beginning with the Hart- 
ford Convention and closing in an eloquent and scathing 
phillipic against Northern abolitionists, and in concluding, 
declared it the imperative duty of North Carolina to at once 
withdraw from the Federal Compact and joining her South- 
ern sisters, seek, with them an alliance, offensive and defen- 
sive with the powers of Great Britain. And if necessary to 
preserve and protect her people from Northern aggression 
and domination renew her allegiance to the British Crown. 
This open defiance of Northern supremacy again brought 
down the house, but also brought our Chairman, Mr. Jones, 
to the floor. Requesting the venerable Samuel Hyman to 


take the chair, Mr. Jones made a ringing speech against 
an alliance with England, advocating with force and effect 
his "pet idea," an alliance, offensive and defensive, with the 
Emperor of France. The debate waxed fast and furious for 
a few moments on these two propositions of Dr. Wood and 
Mr, Jones, and for awhile considerable merriment and con- 
fusion ensued, but debate was cut short and order restored by 
the ever ready, gallant Kenneth Thig-pen^ who in a few 
stirring, startling words impressed the importance of the oc- 
casion upon the convention and demanded the appointment 
of a committee to formulate a platform of resolutions giving 
emphatic expression to the views of the people. Upon that 
committee, the following gentlemen were appointed by the 

^^^^^' Hon. Kenneth Thigpen, 

Gen'l. David Clark, 
Thos. Jones, Esq., 
Dr. William R. Wood, 
Lem. L. Savage, Esq. 

As a guest of Mr. Jones, Mr. Whitmel Kearney of Warren, 
who was present and whose people were known to be in 
sympathy with the movement, was by unanimous consent 
added to the committee. These gentlemen retired, and after 
considerable time and much consultation, reappeared and an- 
nounced the following preamble and resolutions : 

1st. Whereas, The people of the ISTorthern section of our 
common country are forcing through the legislatures of their 
several States, with all the elements of implacable hatred, so 
called personal liberty bills, abrogating in its entirety, the 
fugitive slave laws, subverting the constitution of our fathers, 
and openly threatening the most sacred interests and institu- 
tions of the Southern States by declaring that instrument 
which binds this Union together as coequal sovereigns a 
covenant with death and a league with hell. 

And, Whereas, The Republican party has proclaimed itself 
a sectional party, pledged to wage relentless war against the 
institutions of the South : 


Therefore, Resolved, That whereas' the Eepublican States 
of JSTew England were the first to proclaim the right of seces- 
sion, we will profit by their example, and their language of 
the Hartford Convention. Declare, That "when emergencies 
occur which are either beyond the reach of the Judicial 
tribunals, or too pressing to admit of the delay incident to 
their forms. States which have no common umpire, must be 
their own judges and execute their own decisions." 

Resolved, 2nd. That henceforth we renounce all alle- 
giance to the United States Government, and appeal to our 
Legislature to call a convention for the purpose of withdraw- 
ing North Carolina from the Federal Compact and negotia- 
ting with other Southern States in forming alliances offen- 
sive and defensive with the Emperor Napoleon the III. of 

Before a vote was taken on the committee's report, Dr. 
Wood, though a member of the committee, appealed to the 
convention to vote down Mr. Jones' French resolutions, and 
offered the following as a substitute : 

Resolved, That as North Carolinians, we disown, disavow 
and utterly repudiate all allegiance to the so called Federal 
Government, and demand the unconditional withdrawal of 
North Carolina from the Federal Compact, and for the better 
preservation of her sovereignty as a free and independent 
State, unite with her Southern sister States in forming 
an alliance offensive and defensive with the powers of Great 
Britain, and if necessary to protect her people from North- 
ern aggression and domination, renew her allegiance to the 
British Crown. 

After considerable debate between the parties advocating 
the French and English propositions. Dr. Wood's resolution 
was voted down. The preamble and resolutions as they came 
from the committee were unanimously adopted and the con- 
vention adjourned. 

A. P. Hyman, Samuel Hyman, Sr., 

Secretary. Chairman. 


Dr. W. K. Wood, Scotland ISTeck. 

My Dear Doctor: — Tlie above is but a rough sketch, in 
pencil of our great Secession Convention in 1860. Try and 
copy them off as best you can and preserve it in memory of 
old friends and a lost cause. Your friend, 

Palmyra, A. D. 1866. A. P. Htman. 

The above is a truthful transcription of the rough notes 
referred to by my late father, A. P. Hyman, Secretary of the 
meeting at the time, as copied out in full by the undersigned 
at the request of Dr. Wood. A. P. Hyman, Jr. 

Scotland Neck, August 25th, 1888. 


John Washington Bennett, Famous 
North CaroUnian 

By Gen. W. A. Smith. 

(Written by request of the Anson County Daughters 
of the Confederacy.) 

One William Bennett many long years ago married a Miss 
Huckston and begat William Bennett, Jr. ; William Bennett, 
Jr., married Susanna Dimn, thus uniting the famous Duim 
family with the probably more famous Bennett family. Wil- 
liam Bennett's father was a captain in the Revolution and his 
great-uncle was a general, commanding a division in Crom- 
well's world renowned Ironsides. Isaac Dunn, who was a 
younger son, and brother to Sir Daniel Dunn, married Miss 
Mary Sheffield and begat Susanna Dunn, who was the only 
fruit of this marriage. There was born to William Bennett, 
Jr., and Susanna Dunn, Lemuel Dunn Bennett, who mar- 
ried Jane Little, daughter of William Little of Marlsgate, 
England. To L. D. Bennett and Jane Little was born the 
subject of this sketch — John Washington Bennett. 

Descended from a long line of illustrious ancestry on both 
sides, he inherited extraordinary capacity — a sound mind in 
a sound body. In the old field schools, in the academy, in 
the university, his character developed and was marked by 
mental ability and moral courage of a supreme order and 

When a youth in his teens his sturdy manhood sought out- 
let in the existing development of the States on the banks of 
the Mississippi. While with his cousin, Charles Bennett, he 
was stricken with that fell disease, typhoid fever. For 
weeks he daily grew worse till his life was despaired of 
and his death confidently expected. Treatment of that day 
denied the patient water or other cooling drink. He lay for 


days in weltering heat; his breath hot, his tongue swollen; 
aye! cracked and parched with the scorching fever. l^o 
soothing touch of a dear woman's hand was laid on his burn- 
ing brow. His bachelor cousin Charles was his only compan- 
ion and nurse. He begged so piteously and so continuously 
for water that, manlike, his cousin Charles' patience became 
exhausted. He brought a bucket of fresh water from the cis- 
tern, set it near the bedside and said, "Drink, drink ye all you 
want, and — and die." Believing the water would kill him, he 
would not hand it and become his murderer. 

By a supreme effort he succeeded in getting the gourd to 
his mouth and quaffed it off. The cold water revived his 
strength. Again and again he drank freely of the elixir of 
life. His overloaded stomach rejected the excessive potations, 
which had fortunately absorbed, in some measure, the heat of 
his feverish body. From that moment a turn in the tide set 
in and he rapidly convalesced to normal health. He returned 
to his native heath, determined to complete his education and 
went to the University of Virginia. After graduating, he 
chose the profession of medicine. 

With his sheepskin properly signed by the president and 
other professors of the Jefferson Medical College of Phila- 
delphia, attesting his proficient qualifications in the science 
of medicine, he returned to Anson County and located in the 
new and thriving village of Carolina Female College, since 
known as Ansonville. Courteous manners, kindly interest, 
friendly deeds, assiduous application, conjoined with natural 
ability, soon won him a large, lucrative patronage. 

His success was assured and he took unto himself a help- 
mate, marrying the beautiful, stately, and attractive Miss 
Rosa Boggan, of the city of Wadesboro, his social equal. It 
is usually conducive to happiness — mating in the same social 
circle. Only a few short, fleeting, happy montha were granted 
to them when she winged her flight to Elysian fields. 

Soon afterwards the tocsin of war sounded throughout the 
land and we find our doctor of medicine marchina; in the 


ranks, keeping step to the quivering throbbings of the drum 
and the martial symphonies of the fife. 

On arrival of his company in Richmiond his fame as a 
physician had preceded him — he was taken from the ranks, 
raised to the rank of captain and appointed assistant surgeon 
of Chimborazo Hospital. Here his skill as a physician had 
ample opportunity to develop and display the strong mental 
capacity and resourceful man behind the energetic surgeon. 
We have no access to the records, if in existence, and can not 
know the many successful operationsi performed upon the 
hundreds or thousands of wounded carried to the hospital. 
His retiring disposition shrank froim notoriety, and he told 
not even to his most intimate friends the many serious surgi- 
cal operations performed. We do know his fame as a surgeon 
and physician increased with the months of service and ex- 
perience, because when it became necessary for the govern- 
ment of the Confederacy to establish another hospital in the 
city of Richmond, known as the Soldiers' Home, Dr. John W. 
Bennett was selected from the many aspirants, and was ap- 
pointed chief surgeon with the rank of major in the Confed- 
erate army. This position he worthily filled till after Appo- 
mattox, remaining with commendable faithfulness at his post 
until the last patient was discharged. 

Returning to his native heath, whose sacred soil had been 
trod by the vandal hordes of Sherman's army — home laid 
waste and devastated by fire and sword — his courage equaled 
the calamity and with renewed energy he sought to repair his 
fallen fortunes. 

Zeal, guided by wisdom and experience, soon made him the 
loved physician of the section, success crowned his efforts 
without oppressing the poor (and we were all poor), and all 
never failing to find in him a man of warm sympathetic 
heart, ever ready to respond to their call for relief. He gave 
to every patient the needed attention and did not neglect the 
insignificant and destitute. Hi® one object in life was to re- 


lieve suffering humanity and his zest equaled his physical en- 

To the mind of the writer one characteristic of his great- 
ness was displayed and exemplified by his disbelief in miuch 
dosing. I have heard him say that to exacting patients he 
had often prescribed and administered bread pills. It was 
his firm conviction, exemplified in his practice, to sustain the 
physical being till nature could rectify the malady and re- 
store the body to its normal condition. One day Doctor Ben- 
nett and the vtrriter were driving along the lane some three 
hundred yards north of Mr. Perde Richardson'si residence. 
At that time the old rail fence was the only protection of culti- 
vated fields from stock that ran at large. The better the fence 
the better the farmer, and planters vied one with another in 
having the best fence. This fence was laid with rails ten 
feet long, zigzag like the track made by a crawling snake, 
hence the name "snake fence." 

The rails laid on the ground, or worm as it was called, 
were placed with great care and precision, sighted by stakes, 
that each corner should be perfectly in line and straight as 
the famous "bee line." After the worm was laid, then one 
rail was placed exactly over another to the number of ten. 
At the comers, where the rails locked, were planted in the 
ground two rails, one on either side of the fence, leaning 
against the corners, acting as a brace to the fence. These two 
rails formed a lock above the panel and another rail was laid 
in the locks of each panel — ^making a very high, strong and 
substantial fence, proof against raging winds and mean stock 
— as General Atlas Dargan used to say, "Horse high, pig 
tight, and bull strong." Such a fence bordered either side 
of the road — usually termed a lane. Riding along this lane, 
as above stated, Doctor Bennett becanue reminiscent, and re- 
lated the following incident ; as near as possible, I quote his 
awn words : 

"Riding along here one dark night on a professional call, I 
heard horsemen approaching at a rapid, flying gait. Fearing 


danger, I reined my horse to one side near tlie fence to escape 
being run over. To my aistonishment I saw neither horses nor 
horsemen, but the sound of flying feet of race horses cleav- 
ing the wind passed obliquely across the road, over the 
fence and off through the field. Pondering upon this strange 
occurrence as I rode along, about on© hundred yards I over- 
took Aunt Dicey, an old darky belonging to Mr. Perde Rich- 
ardson. I asked her if she met or saw any men on horses 
riding rapidly. She replied : 'Oh, Marse John, dat's dem 
old race horses ; dey rides ever now and den of er night.' 

"On investigating the matter I learned that in the Revo- 
lutionary days there was a straight level stretch of road here 
running obliquely across the present road which was used as 
a race track, and that in one of the races a man was killed." 

Doctor Bennett, relating the above, looked straight to the 
front. He did not even smile and spoke the words of truth 
and soberness. 

Experiencing the desolateness of the empty house and fire- 
less hearth, he again sought and obtained the gTeat boon of 
the love of another fair daughter of one of Anson's nobility 
and wedded the lovely maid, Mary Richardson. He bought 
the commodious residence of the LeGrands, about two miles 
from Wadesboro, at the beginning of what was then known as 
Longtown, embracing a section of highway leading from 
Wadesboro to Cheraw. Said section was decked at conve- 
nient, neighborly intervals with the residences of the Mar- 
ishalls, the Smiths, the Richardsons, the Littles, and the Ben- 
netts. Here allow a digression for a moment to say the name 
"Longtown" was evidently imported from England, as there 
is still a similar section so designated, lying in Cumberland 
County, near the border of Scotland, contiguous to the origi- 
nal and famous "Gretna Green" and adjacent to Marlsgate, 
the ancient seat of the Little family. 

Doctor Bennett's practice was extensive, embracing not 
only the section of country adjoining, but Wadesboro, Liles- 
ville .and adjacent sections. Because of the exposure of his 


faonily in the country to the lawless miscreants of Recon- 
struction days and afterwards, during his necessary absence 
in pursuit of his profession, he sold his elegant home and 
purchased in the limits of the corporation of the town of 

Bom among rugged hills, his cradle rocked amid the ever- 
lasting foundations of granite cliffs overhanging Jones Creek, 
his lullabies the singing waters, made him a very child of Na- 
ture. Roaming the hills, gun in hand, and resting his weary 
head on the rocks for a pillow, no wonder he took cognizance 
of the flora and herbs of health-restoring qualities and turned 
his attentive genius to the art of healing — the greatest boon of 
suffering humanity. 

A living and live member of the Methodist Church, he died 
May 6, 1899, in the odor of sanctity, leaving a priceless heri- 
tage of a noble life to his wife, two sons and two daughters, 
and — and to a host of friends. Another brave soldier an- 
swered to the last roll call when the Master ordered the angel 
to beat taps to the loyal soul of John Washington Bennett — 
chief surgeon of the Confederate Hospital, "The Soldiers' 


Biographical and Genealogical Memoranda 

Compiled and Edited by Mrs. E. E. Moffitt. 

Sketches of Dr. Archibald Henderson appeared in The 
Booklet, Vol. XVI., l^o. 2, and Vol. XIV, ]^o. 3. 

Genealogical Department Queries. 

Mrs. J. L. Kline, 480 Claybrooke, Memphis, Tennessee. 

Gillespie — John Gillespie, of North Carolina, married 
Misis Craig, and their son John married "Ella Dickey." I 
want his birth, death, children, and Revolutionary service. 

John Gillespie and Ella Dickey Gillespie had a son, James, 
born October 10, 1809. 

Thanking you for your trouble. 

Notice to Reader : — ^When you finish reading this magazine place a one cent 
stamp on this notice, hand same to any postal employee, and it will be placed in 
the bands of our soldiers or sailors at the front. No wrapping, no address. 


Vol. XVn JANUARY, 1918 No. 3 

North Carolina Booklet 









The Continental Line of North Carolina 105 

By Frank Nash. 
The Civilization of the Old South 135 

By MiLDRKD Lewis Ruthebfobd. 

Colonel Hardy Murfree, of the North Carolina Conti- 
nental Line 160 

By Colonel W. L. Mubfbee. 

In Memoriam 165 

Biographical Sketch 167 


EntereJ at the Posioffice at Raleigh. N. C. July 15, 1905. under the Act of 
Congress of March 3, 1 879 

The North CaroUna Booklet 

Great Events in North Carolina History 

Vohime XVII of The Booklet will be Issued quarterly by the 
North Carolina Society, Daughters of the Revolution, beginning July, 
1917. The Booklet will be published in July, October, January, and 
April. Price $1.00 -per year, 35 cents for single copy. 

Editoe : 
Miss Maey Hhxl&ed Hinton. 


Mes. E. E. Moffitt. 

Isaac Shelby : Revolutionary Patriot and Border Hero — Part II — 
Dr. Archibald Henderson. 

Revolutionary Heroines of Mecklenburg — Miss Violet Alexander, 

Glimpses of Plantation Life in the Old South — By an Eye Witness. 

History of Rowan County — Dr. Archibald Henderson. 

History of Agriculture in North Carolina — 

Hospital Service in the War Between the States — 

Historic Homes, Part VIII : "Bookwood" — Mr. William C Brvin. 

Historic Homes, Part IX: "Creek-Side" — Mr. William C. Ervin. 

Shocco and Jones' Springs : Old-fashion Resorts in Warren County 
— Judge Walter A. Montgomery. 

History of the Continental Line of North Carolina — Mr. Frank 

Historical Book Reviews will be contributed by Mrs. Nina Holland 
Covington. These will be reviews of the latest historical works 
written by North Carolinians. 

The Genealogical Department will be continued, with a page de- 
voted to Genealogical Queries and Answers as an aid to genealogical 
research in the State. 

The North Carolina Society Colonial Dames of America will fur- 
nish copies of unpublished records for publication The Booklet. 

Biographical Sketches will be continued under Mrs. E. E. Moffitt. 

Old letters, heretofore unpublished, bearing on the Social Life of 
the different periods of North Carolina History, will appear here- 
after In The Booklet. 

This list of subjects may be changed, as circumstances sometimes 
prevent the writers from keeping their engagements. 

The histories of the separate counties will in the future be a 
special feature of The Booklet. When necessary, an entire issue 
will be devoted to a paper on one county. 

Parties who wish to renew their subscriptions to The Booklet 
for Vol. XVI are requested to give notice at once. 

Many numbers of Volumes I to XVI for sale. 

For particulars address 

Miss Maey Hilliard Hinton, 

Editor North CaroUna Booklet, 
"Midway Plantation," Raleigh, N. O. 

Vol. XVII JANUARY, 1918 No. 3 


North Carolina Booklet 

' Carolina i Carolina I Heaven's blessings attend her! 
While Tve live zve will cherish, protect and defend her' 

Published by 



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. Editoe. 





Mes. Hubeet Haywood. 
Mbs. E. E. Moffitt. 
Mb. R. D. W. Connoe. 
De. D. H. Hill. 
De. William K. Boyd. 
Capt. S. a. Ashe. 
Miss Adelaide L. Feies. 

Miss Maetha Helen Haywood. 
De. Richaed Dillaed. 
De. Kemp P. Battle. 
Me. James Spbunt. 
Mr. Marshall DeLancey Haywood. 
Chief Justice Walteb Clark. 
Majob W. a. Geaham. 
Charles Lee Smith. 

editoe : 

Miss Maey Hilliaed Hinton. 

biographical editoe : 

Mrs. E. E. Moffitt. 



Mrs. Marshall Williams, 
Regent, Faison. 

Mrs. E. E. Moffitt, Honorary 
Regent, Richmond, Va. 

Mrs. Thomas K. Bbuneb, 
Honorary Regent, Raleigh. 

Miss Mary Hilliard Hinton, 
1st Vice-Regent, Raleigh. 

Mrs. Paul H. Lee, 2d Vice- 
Regent, Raleigh. 

Mrs. George P. Pell, Recording 
Secretary, Raleigh. 

Miss Winifred Faison, Corre- 
sponding Secretary, Faison. 

Miss Georgia Hicks, Historian, 

Mrs. Charles Lee Smith, 

Treasurer, Raleigh. 
Mrs. George Ramsey, Registrar, 

Mrs. John E. Ray, Custodian of 

Relics, Raleigh. 
Mrs. Laurence Covington, 

Executive Secretary, Raleigh. 
Mrs Charles Wales, 

Genealogist, Edeuton. 
Miss Catherine Albertson, 

Junior Director, Elizabeth City. 


Bloomsbury Chapter Mrs. Paul H. Lee, Regent. 

Penelope Barker Chapter , Regent. 

Sir Walter Raleigh Chapter Mrs. I. M. Meekins, Regent. 

General Francis Nash Chapter Miss Rebecca Cameron, Regent. 

Roanoke Chapter Mrs. F. M. Allen, Regent. 

Mary Slocumb Chapter Miss Georgia Hicks, Regent. 

Colonel Thomas Robeson Chapter Mrs. Annie Buie, Regent. 

Tuscarora Chapter Mrs. C. H. Hunter, Regent. 

Founder of the Noeth Caeolina Society and Regent 1896-1902 ; 


Regent 1902: 

Mes. D. H. HILL, Ss.f 

Regent 1902-1906: 


Regent 1906-1910: 

Mbs. E. E. MOFFITT. 

Regent 1910-1917: 


•Died November 25, 1911. 
tDied December 12, 1904. 

The North Carolina Booklet 

Vol. XVII JANUARY, 1918 No. 3 

The Continental Line of North Carolina 

By Feank Nash. 

To pause, even for a moment, in the midst of the turmoil 
of a world, to consider the part that the Continental Line of 
Korth Carolina took in the Revolutionary War, seems, at 
first blush, puerile. When the philosophical historian, how- 
ever, comes later to trace through the distant past the causes 
of the Great War, he will find that the "embattled farmers" 
of 1776 were inspired by the same idealism, that the Allies 
are now ; that the Revolutionary War had the same spiritual 
import as has the Great War. He will find that the material 
outcome of that war is small, very small, when compared 
with its moral effect upon the world at large ; that a victorioois 
peace was, in itself, insignificant, as compared with the spirit- 
ual conquest of our ally, France, and of our foe, Britain. 
Had it not been for this conquest the present war would have 
been a mere sordid struggle for more territory and more 
power, with America on one side, an interested observer, but 
not an active participant. As it is she is standing hand in 
hand and soul to soul with these great democracies, feeling 
in the depths of her heart that the struggle of 1776 has been 
renewed, only its theater is the world, and not a small section 
of a continent. 

If the Revolutionary War was waged in defense of the lib- 
erties of Americans, much more is this; if it was a protest 
against autocracy, much more is this ; if it was a defense of 


democracy, much more is this. The Great War is indeed a 
life and death struggle between the two antagonistic world 
political principles, autocracy and democracy, and if the 
former conquers, then all the blood that our ancestors shed, 
all the treasure they expended, was shed in vain, were ex- 
pended in vain. 

It is fortunate that we have as president at this time of 
stress a great historian, as well as a great statesman. He 
knows, none better, how terribly destructive to life and 
property has been the lack of organization in all our wars, 
from the Revolution to that with Spain. So he put in action 
a thousand wonderful agencies which are welding the 110,- 
000,000 people of this country into an army inspired by one 
spirit and moving to one end. He knew how much the great 
souled Washington was harrassed by the folly and dilatoriness 
of the Continental Congress in raising an army for the de- 
fense of their liberties; he knew the disgraceful inefficiency 
of the militia in the War of 1812, and the equally disgraceful 
insubordination of the volunteers in the War with Mexico; 
he knew the unpreparedness of both sides in the War Between 
the States, as marked also in the Spanish-American War ; so 
he gave us the draft, the wisest, fairest, and most equal way 
of raising an army for the defense of democracy. 

There is little exaggeration in Senator Chamberlain's decla- 
ration: "I have sometimes wondered how that distinguished 
commander of the American forces (Washington), with his 
splendid aide, Alexander Hamilton, ever had time to organize 
an army, because they devoted so much of their time to ap- 
peals to the Continental Congress and to the States to assist 
them in organizing an army that might be successful in the 
accomplishment of victory." 

Out of those appeals, however, came the Continental Line. 
Congress at first refused to make the enlistment longer than 
for one year. "It is not easy," said Judge Marshall, in his 
Life of Washington, "to account for this fatal error. Some 
jealousy of a permanent army was, probably, intermingled 


with the hope that the war would not be of long duration, and 
with the fear that much difficulty would be experienced in 
prevailing on men to enter into engagements of unlimited ex- 
tent." It took the Long Island disaster, August 27, 1776, as 
well as much pleading from Washington, to arouse Congress 
to action. He thus writes to them after that disaster : 

"Our situation is truly distressing. The check our detachment 
sustained on the 27th ultimo has dispirited too great a proportion 
of our troops, and filled their minds with apprehension and despair. 
The militia, instead of calling forth their utmost efforts to a brave 
and manly opposition, in order to repair our losses, are dismayed, 
intractable and impatient to return. Great numbers of them have 
gone off, in some instances almost by whole regiments, in many by 
half ones and by companies at a time. This circumstance of itself, 
independent of others, when fronted by a well appointed enemy, 
superior in number to our whole collected force, would be sufficiently 
disagreeable; but when it is added that their example has infected 
another part of the army ; that their want of discipline and refusal 
of almost every kind of restraint and government, have rendered a 
like conduct but too common in the whole, and have produced an 
entire disregard of that order and subordination necessary for the 
well doing of an army, our condition is still more alarming, and 
with the deepest concern I am obliged to confess my want of confi- 
dence in the generality of the troops. All these circumstances fully 
confirm the opinion I ever entertained, and which I, more than 'once 
in my letters, took the liberty of mentioning to Congress : that no 
dependence could be put in a militia, or other troops than those 
enlisted and embodied for a longer period than our regulations have 
heretofore prescribed. I am persuaded, and am as fully convinced 
as of any one fact that has happened, that our liberties must, of 
necessity, be greatly hazarded, if not entirely lost, if their defense 
be left to any but a permanent army." 

Immediately after the receipt of this letter, September, 
1776, Congress proposed to the various States a permanent 
army to be enlisted for the war, and to be composed of eighty- 
eight battalions. These were to be raised by the various 
States in proportion to their ability. The share of ITorth 
Carolina was nine battalions. A bounty of twenty dollars 
was allowed to each recruit, and portions of vacant lands were 
allotted to each soldier, from 500 acres to a colonel down to 
100 acres for each noncommissioned officer and private. 


The Hillsboro Congress of AuguslrSeptember, 1775, act- 
ing under tlie one-year plan of the Continental Congress, liad 
already provided for two regiments of five hundred men each, 
and had elected the officers as follows : 

First Regiment. 

Colonel — James Moore. 

Lieutenant Colonel — Francis Nash. 

Major — Thomas Clark. 

Adjutant — Wm. Williams. 

Captains — Wm. Davis, Thos. AUon, Alfred Moore, Caleb Grainger, 
Wm. Pickett, Robert Rowan, John Walker, Henry Dickson, George 
Davidson, William Green. 

Lieutenants — John Lillington, Joshua Bowman, Lawrence Thomp- 
son, Thomas Hogg, William Berryhill, Hector McNeill, Absolum 
Tatum, Hezekiah Rice, William Brandon, William Hill. 

Ensigns — Neill McAlister, Maurice Moore, Jr., John Taylor, Howell 
Tatum, James Childs, Henry Neill, Berryman Turner, George Gra- 
ham, Robert Rolston, Henry Pope. 

Surgeon — Dr. Isaac Guion. 

Second Regiment. 

Colonel — Robert Howe. 

Lieutenant Colonel — Alexander Martin. 

Major — John Patten. 

Adjutant and First Captain — John White. 

Captains — James Blount, Michael Payne, Simon Bright, Jno. Arm- 
strong, H. I. Toole, Hardy Murfree, Chas. Crawford, Nathaniel Keais, 
John Walker. 

Lieutenants— John Grainger, Clement Hall, William Fenner, Benja- 
min Williams, Robert Smith, Edward Vail, Jr., John Williams, John 
Heritage, Joseph Tate, James Gee. 

Ensigns — Henry Vipon, Whitmell Pugh, John Oliver, Philip Low, 
James Cook, John Woodhouse, William Gardner, William Caswell, 
Benjamin Cleveland, Joseph Clinch. 

Surgeon — Dr. William Pasteur. 

The captains were to be commissioned as soon as their 
various companies were filled up by recruits, thus making 
rank a reward to the diligent. The Halifax Congress, in 
April, 1776, added four additional regiments to the Conti- 
nental Line, and that of November, 1776, three, thus making 
the quota of nine battalions asked of the State. These battal- 


ions were to consist of eiglit companies, and each company of 
76, rank and file. The Continental Congress later refused to 
receive any battalion containing less than 300 file into the 
service. A tenth battalion, commanded by Col. Abraham 
Shepperd, wsis added to the Continental Line in 1777. It 
did not join Washington imtil the Spring of 1778. 

Speaking generally, the Continental troops of N^orth Caro- 
lina never took part in a battle in which they did not fight 
well and bravely, but none of the battalions were full when 
they were engaged in active service. The difficulty of enlist- 
ing men for a long term, when they could satisfy their 
conscience by a three months' service with the militia, par- 
ticularly when the enlistment for a long term would be fol- 
lowed by marches, perhaps to a distant State, the smallness of 
the bounty provided by the State of ISTorth Carolina for such 
enlistments, as compared with those of neighboring States, 
and the remissness of both the Confederacy and the State to 
provide them with adequate equipment and an adequate com- 
missary, all tended to retard enlistments in the first instance, 
while numerous desertions among the men depleted the ranks 
after enlistments had been made. There were four regi- 
ments in Charleston in 1776, and it is probable that there were 
not more than 600 effective soldiers. ISTot more than 800 
marched north mth General ISTash in 1777, to Brandywine 
and Germantown. We know that on JSTovember 10, 1777, the 
brigade contained only 520 effectives, 868 in all. (11 S. R., 
page 676.) And this notwithstanding the fact that Col. John 
Williams had joined with the 7th, 8th, and 9th battalions. 
These latter battalions, however, had only fragments of their 
quotas. Indeed the most striking, and at the same time de- 
pressing, fact in the history of the regular troops of ISTorth 
Carolina in the Revolution is the difficulty those in authority 
had in enlisting a proper number of men and in keeping them 
in the ranks after they were enlisted. It is true 5,454 names 
appear upon the roster (16 S. R., pages 1002 et seq.), but 
this number includes all who had died, been captured, dis- 


charged, omitted, or deserted ; and of the latter there was 
considerablj over ten per cent of the whole number. 

The first actual service of these troops was at Charleston, 
South Carolina. An account of this I take from Ashe's His- 
tory of North Carolina^ pages 536-9 : 

"On the departure of the fleet (British) from the Cape Fear, Lee 
hastened to Charleston, accompanied by Howe, where he arrived early 
in June (1776). Moore remained at Wilmington, but two Continental 
regiments under Nash and Martin reached Charleston on June 11th, 
followed later by the Virginia Regiment and the Third and Fourth 
Continentals, not then needed at Cape Fear. A rifle regiment raised 
in the west likewise repaired to Charleston. Felix Wagner, after- 
wards long a member of congress from the Buncombe district, says in 
his Autobiography : 'I was appointed lieutenant in Captain Richard- 
son's company in the rifle regiment. I returned to Watauga and 
recruited my full proportion of men and marched them to Charleston 
in May, 1776, joined the regiment and was stationed on James Island.' 

"When the fleet dropped anchor off the bar the Charlestonians 
barricaded their streets and prepared to defend the wharves of their 
city, and soon troops were stationed on the outlying islands inclosing 
the harbor. Colonel Moultrie began working night and day con- 
structing a fort on the end of Sullivan's Island by bolting palmetto 
logs together for walls, with sixteen feet of sand between them. 
Week after week passed and no attack was made, so that toward 
the end of June the front of his fort was well finished and thirty 
odd guns were mounted in it. But powder was scarce, and there 
were hardly twenty-five rounds of ammunition for the guns. On the 
northeast of that island lay Long Island, a naked sand bank, and 
there Clinton landed more than three thousand troops, intending to 
cross the narrow intervening waters and thus gain possession of 
Sullivan's Island. To resist his advance Colonel Thompson of South 
Carolina was stationed at that end of Sullivan's Island with three 
hundred of his own riflemen, two hundred of Clark's North Carolina 
regiment, two hundred more South Carolinians under Horry, and 
with some light pieces on his flank ; while Nash, for whom Lee had 
conceived a high opinion, was placed to defend the rear of the fort, 
which was unfinished and a post of great consequence. 

"After much fortunate delay, in the early morning of June 2Sth the 
fleet approached the fort and the battle began. The British brought 
into action ten times the number of guns that Moultrie could use, 
but made no impression on the palmetto fort. A flag of blue with a 
white crescent emblazoned with the word 'Liberty' proudly floated 
over the rampart. In the torrent of balls the staff that bore it was 
severed, but as it fell Sergeant Jasper heroically seized the standard 
and raised it again on the bastion next to the enemy. The attempt 


to pass from Long Island was no more successful than the attack 
on the water. The brave Americans drove the infantry back on two 
occasions, and the assault both on land and sea was a signal failure. 
The slow and skillful fire of Moultrie drove ofC the fleet and de- 
stroyed several frigates, the Bristol losing 40 men killed and 71 
wounded, and the Experiment, 23 killed and 56 wounded ; while the 
American loss, after ten hours of incessant conflict, was but 11 killed 
and 26 wounded. Repulsed, defeated, the army reembarked on the 
vessels and the contest was over." 

A fleet under Sir Peter Parker had recently come out of 
England with fresh troops, commanded by the Earl of Com- 
wallis. It was joined by transports and men of war, bearing 
a force under Sir Henry Clinton, and a combined attack was 
made, by sea and land, upon the fort on Sullivan's Island, 
but the attack was a complete failure, the fort sinking two of 
the enemy's vessels, one, Sir Peter's own flag ship. General 
Charles Lee was in command of the patriot army. In his 
official report he said : "I know not which corps I have the 
greatest reason to be pleased with ; Muhlenberg's Virginians 
or the JSTorth Carolina troops ; they were both equally alert, 
zealo'US, and spirited. . . . Upon the whole the South 
and ISTorth Carolina troops and the Virginia rifle battalion we 
have here are admirable soldiers." This was a very handsome 
compliment to raw troops from one who was himself a trained 
and experienced soldier. 

The Third Regiment and some companies of the First 
and Second remained in South Carolina, under the command 
of General Robert Howe, for the remainder of the year 1776, 
while the other regiments were with General James Moore in 
IvTorth Carolina. They were distributed at different points in 
the eastern part of the State, while a small detachment of the 
Third was at Salisbury with Colonel Alexander Martin. In 
March, 1776, Colonel James Moore of the First Regiment 
was promoted to be Brigadier, and on April 10, 1776, Francis 
ISTash was made Colonel of that regiment, and still later, Feb- 
ruary 5, 1777, he, also, was made a brigadier-general, and was 
ordered to the western part of the State to expedite the re- 
cruiting service. In March, however, he was ordered to join 


General Moore, and with him to proceed north with all the 
Continental troops that could be collected. General Moore 
died about the middle of April. In a sketch of his life in the 
Biog. His. of N. C, vol. 2, page 301, it is said: '^General 
Moore was a man of delicate organization and frail constitu- 
tion, in striking contrast with his heroic soul and fine intel- 
lectual capacity. The exposure to which he was subjected 
that summer and fall (1776) on the malarious coast of South 
Carolina proved fatal to him. His health gave way, and in 
January, 1777, he returned to the Cape Fear, and died on the 
15th of that month, lamented by all the patriots of ISTorth 
Carolina. It is related that he and his brother. Judge 
Maurice Moore, expired in the same house on the same day 
and were buried together. Of General Moore it has been said 
that he was the most masterful military mian furnished by 
l^orth Carolina in the War of Independence, and probably 
he had no superior in military genius on the continent." 

It is well to nojtice that in several places in this volume of 
the Biographical History it is stated that General Moore died 
on January 15th. This, of course, is wrong. He died, as 
stated above, about the middle of April, 1777. (See 11 S. R., 
pages 411, 454, and 456.) 

On the 20th of April General l^ash set out from, ISTew Bern 
to take command of the brigade. From various causes the 
march of the troops north was delayed, and being further de- 
layed by inoculation for smallpox at their camp at George- 
town, they did not reach Philadelphia until the 1st of July. 
Hugh McDonald, in his journal (11 S. R., pages 828 et seq.) 
gives such an interesting account of the peregrinations of the 
brigade and of his own adventures as a private in the Sixth 
Regiment of the Continental Line that I transcribe a large 
piart of it. He was himself a Scotch Highlander and had 
fought at Moore's Creek. 

"Notwithstanding this scouring (at Moore's Creek) and the just 
contempt of our fellow citizens, we remained in heart as much 
Tories as ever. This expedition took place in the mouth of February, 
1776, from which we returned and began to prepare our fences for 


a crop the ensuing summer. About the first of June a report was 
circulated that a company of light horse were coming into the 
settlement ; and as a guilty conscience needs no accuser, every one 
thought they were after him. The report was that Colonel Alston 
had sent out four or five men to cite us all to muster at Henry 
Eagle's on Bear Creek ; upon which our poor deluded people took 
refuge in the swamps. On a certain day, when we were plowing 
in the field, news came to my father that the light horse were in the 
settlement and a request that he would conceal himself. He went 
to the house of his brother-in-law to give him notice, and ordered 
me to take the horse out of the plow, turn him loose and follow him 
as fast as I could. I went to the horse, but never having ploughed 
any in my life, I was trying how I could plow, when five men on 
horseback appeared at the fence, one of whom, Daniel Buie, knew 
me and asked me what I was doing here. I answered that my 
father lived here; and he said he was not aware of that. 'Come,' he 
says, 'you must go with us to pilot us through the settlement ; for 
we have a boy here with us who has come far enough. He is six 
miles from home and is tired enough.' His name was Thomas Gra- 
ham, and he lived near the head of McLenuon's Creek. I told 
Mr. Buie that I dare not go, for, if I did, my father would kill me. 
He then alighted from his horse and walked into the field, ungeared 
the horse and took him outside the fence. He then put up the fence 
again ; and, leading me by the hand, put me on behind one of the 
company, whose name was Gaster, and discharged the other boy. 
We then went to Daniel Shaw's, thence to John Morrison's (shoe- 
maker), thence to Alexander McLeod's, father of merchant John 
McLeod, who died in Fayetteville, thence to Alexander Shaw's (black- 
smith), thence to old Hugh McSwan's, who gave a half crown for a 
small gourd when we landed in America. Here I was ordered to 
go home, but I refused and went with them to the muster at Eagle's. 
Next day Colonel Philip Alston appeared at the muster, when these 
men told him that they had taken a boy to pilot them a little way 
through the settlement and that they could not get clear of him. 
The Colonel personally insisted on my going back to my father, but I 
told them I would not, for I had told them the consequence of my 
going with them before they took me. Seeing he could not prevail 
with me, he got a man by the name of Daniel McQueen, a noted bard, 
to take me home to my father, but I told him that I was determined 
to hang to them. Colonel Alston then took me with him and treated 
me kindly. Mrs. Alston desired me to go to school with her children 
until she could send my father word to come after me, and she 
would make peace between us; but her friendly offers were also 

"On the following Tuesday I went with the same company of 
horsemen to Fayetteville (Cross Creek), where I met a gentleman 
by the name of Daniel Porterfield, a lieutenant in Captain Arthur 


Council's company, who asked me if I did not wish to enlist. I told 
him, not with him ; but I wanted to see a Mr. Hilton who, I under- 
stood, was in the army, and wherever he was, I wished to be. He 
told me that he and Hilton were of one company, and if Hilton did 
not tell me so, he would take back the money and let me go with 
Hilton. I then took the money and was received into the service of 
the United States June 10, 1776, and in the fourteenth year of my age. 

"After my enlistment we continued in Cross Creek until the middle 
of July, when we went on board of Mrs. Blanctret's boat and floated 
down to Wilmington, where the brigade was made up, which was 
commanded by General Frank Nash, and consisted of six regiments. 
Of the first regiment, Thomas Clarke was Colonel and John Mebane, 
Lieutenant Colonel ; of the second, Alexander Martin, from Hillsboro, 
was Colonel and John Patton, Lieutenant Colonel ; of the third, 
Jethro Sumner was Colonel and William Davidson, Lieutenant Col- 
onel ; of the fourth, Thomas Polk was Colonel and J. Paxton, Lieuten- 
ant Colonel; of the fifth, Buncombe was Colonel and 

Eden, Lieutenant Colonel ; of the 6th, Lillington had the command, 
but being unable from old age to go on parade, when the regiment 
was made up at Wilmington, he was forced to resign, and Lieutenant 
Colonel Lamb of Edenton took command of the regiment. Our major 
died at Wilmington, and Captain Arch'd Lyttle, from Hillsboro, who 
had been educated for a preacher of the gospel, was promoted to 
the rank of Lieutenant Colonel. Captain Griflin (sic) McRee, of 
Elizabeth Town, was appointed Major, and of this regiment (6th) I 
was a private soldier. 

"Not more than three weeks after the brigade was embodied, my 
Captain, Arthur Councill, a young man who had been raised near 
Cross Creek, and whose father's house is yet known by the name of 
Councill Hall, died. This young gentleman was distinguished in the 
regiment for modesty, gentility and morality. Shortly after the 
death of Councill, his first lieutenant, who was known by the name 
of Philadelphia Thomas White, became our captain, and he was as 
immoral as Councill was moral. As sickness was prevailing in the 
regiment, we moved out of town about eight miles to a place called 
Jumping Gully, where we encamped until about the middle of 
October and were drilled twice a day. In this camp I was taken 
sick, and continued ignorant of everything that passed for five weeks. 
One evening, the brigade being on parade, I felt a great desire for 
home, and thought I saw everything at my father's house before my 
eyes. I got out of my tent and went away some distance to a run- 
ning branch. The water, from falling over a large poplar root, had 
made a deep hole below, and, getting into the hole, I laid my head on 
the root, which I believe was the sweetest bed I ever lay in. The 
water was so cool to my parched body that I lay there until ten 
o'clock the next day before they found me, George Dudley, Sergeant 
of my company, having crossed within two feet of my head without 


seeing me. William Carrol, who was in company with Dudley, dis- 
covered me and exclaimed, 'By , here lie is, turned to be an 

otter. He is under the water.' Dudley, having passed me, turned 
back, took me out of the water and carried me to camp. When the 
doctor came to see me, he said that the water had cooled my fever and 
that I would recover, though he had given me out before. I did 
recover and recruited very fast every day after my immersion. . . . 

"I shall now give my readers some account of the Captains of my 
regiment, which was the 6th ; but I shall omit the subaltern officers' 
list; in attempting to recall so many names and characters, I should 
make a mistake, which I do not wish to do. When the brigade was 
made up each regiment consisted of eight captains, and of the 6th 
regiment Arch'd Lyttle was first captain, and Griflin McRee, second, 
who had very undeservedly enlisted most of his men for six months 
and returned them for three years, or during the war. This decep- 
tion on the part of Captain McRee, occasioned many desertions in 
his company, when six months, the term of their enlistment, had 
expired. Captain Lyttle was from Orange, Captain McRee, from 
Bladen. The 3d Captain was George Doherty, who lived on the 
Northeast River, in Hanover County, and about 25 miles above Wil- 
mington. He was a full-blooded Irishman, about seventy-five years of 
age, much of a gentleman and a brave soldier. The fourth captain 
was Philip Taylor, from Orange, a raw Buckskin, destitute of grace, 
mercy or knowledge as to that which is spiritual, and filled with 
pride and arrogance. The fifth was Tilman Dickson, from Edge- 
combe, a dirty Buckskin, who would rather sit on his hams all day 
and play cards with his meanest private soldier, in his homespun 
dress, than wash and uniform himself and keep company with his 
fellow oflScers as a captain ought to do. The sixth captain was 
Jemimah Pigue (?) from Onslow, who was a smart officer, a 
middle-aged man, and a guardian of his soldiers. The seventh cap- 
tain was Daniel Williams from Duplin, a Buckskin, a gentleman and 
the friend and protector of his soldiers. The eighth was Benjamin 
Sharp, who was from Halifax county, and was a very smart officer. 

"When the brigade embodied at Wilmington, it consisted of nine 
thousand and four hundred, rank and file ( ?, probably 940 ) ; twelve 
colonels, including lieutenant colonels, six majors, forty-eight cap- 
tains, ninety-six lieutenants, forty-eight ensigns; two drummers and 
two fifers to every captain's company ; one hundred and eighty-two 
sergeants ; eight quartermaster sergeants and sergeants major to 
each regiment ; one drum major, who was an old gentleman from 
Elizabeth, named Alexander Harvey ; one fife major, an Englishman, 
by the name of Robert Williams, a master of all kinds of music and 
genteelly bred, who had been transported from England before the 
war for cursing the royal family ; eight doctors, eight adjutants and 
one Brigade Major, a hatter from Hillsboro, besides sutlers and pay- 


"On the 1st day of November (1776) we received orders to march 
to the North and join the grand camp, commanded by Washington. 
About the 15th of November we marched from Wilmington, under 
the command of General Frank Nash, and proceeded to the Roanoke 
River and encamped about a mile and a half from the town of 
Halifax, in Col. Long's old fields, who was Commissary General of 
the North Carolina troops. There we remained about three weeks, 
when we received orders to turn back and go meet the British at 
Augustine and prevent them from getting into the state of Georgia, 
and proceeded by way of Wilmington. On our march we lay on the 
south side of Contentny Creek, where there were living an old man 
and woman who had a number of geese about the house; and next 
morning about twenty of their geese were missing. They came to 
the encampment inquiring about them ; but getting no information 
among the tents, they went to the General, who said he could do 
nothing unless they produced the guilty. On his giving them ten 
dollars, howeyer, they went away satisfied ; and I am very sure that 
I got some of them to eat. . . . The General, after paying them 
ten dollars, gave the men strict orders to be honest or he would 
punish the least offense of that kind with severity. 

"We proceeded thence to Wilmington where we stayed two days, 
and thence by Lockwood's Folly to Georgetown. When we got to the 
Boundary House we encamped for a short time to rest, and Col. 
Alston, a wealthy gentleman of the neighborhood, came to see General 
Nash, and told him he could show him a better camping ground, 
which was an elevated neck of lands covered with hickory and other 
good fire wood. The trees were covered with long moss from the 
top to the ground ; and of this we made excellent beds. There we 
stayed about a month waiting for further orders, where we cut and 
cleared about one hundred acres of land. During our continuance 
here, those who had been enlisted by our Major McRee and returned 
during the war, applied to their captain for their discharge ; but he 
was not aware that any in the camp had been enlisted for six 
months. They then applied to their old captain, who had been pro- 
moted to the rank of major, but he told them in reply to their just 
request, that he would have them put under guard and punished 
according to martial law. This rebuff they were forced to bear and 
remain in silence; but concerted a plan for their own relief; for in 
the morning it was found that nine had deserted, some of whom were 
never taken, notwithstanding the claims resting upon them. . . . 

"From this pleasant place we marched for Charleston, S. C, and 
crossed the Pee Dee at a place called Winyaw, about half way be- 
tween Georgetown and the inlet. Thence to Charleston, and there 
we had orders not to go any further towards Augustine. We then 
marched back across Cooper River to Hadrell's Point, opposite to 
Fort Sullivan, where we lay the remaining part of the winter and 
spring until March, 1777, and we were fed on fresh pork and rice 


as our constant diet. About the 15th of March, we received orders 
to march to North and join Washington's grand army. We marched 
to Wilmington, N. C, and thence to Halifax, where we crossed the 
Roanoke River. After leaving the ferry and marching up the river 
about two miles, we came to a fishery, and the commanding officer* 
having desired leave for his men to draw the seine, which was readily 
granted, by drawing it once, we drew so many that you would hardly 
miss from the pile what we took for our breakfast. We marched 
on and crossed the Meherrin at Hickes' Ford. . . . 

"As we passed through the State of Virginia, we could scarcely 
march two miles at a time without being stopped by gentlemen and 
ladies who were coming to the road purposely to see us. We stopped 
two days at Williamsburg and rested. We then marched on and 
crossed the James River at the town of Richmond, where there were 
fishers ; and having gotten leave there also to draw the seine, every 
man took as many fish as he wanted. While passing through the 
town a shoemaker stood in his door and cried, 'Hurrah for King 
George,' of which no one took any notice; but after halting in a 
wood, a little distance beyond, where we cooked and ate our fish, 
the shoemaker came to us and began again to hurrah for King 
George. When the General and his aids mounted and started, he 
still followed them, hurrahing for King George. Upon which the 
General ordered him to be taken back to the river and ducked. We 
brought a long rope, which we tied around his middle and sesawed 
him backwards and forwards until we had him nearly drowned, but 
every time he got his head above water he would cry for King George. 
The General having then ordered him to be tarred and feathered, a 
feather bed was taken from his own house, where were his wife and 
four likely daughters crying and beseeching their father to hold his 
tongue, but still he would not. We tore the bed open and knocked 
the top out of a barrel of tar, into which we plunged him headlong. 
He was then drawn out by the heels and rolled in the feathers until 
he was a sight, but still he would hurrah for King George. The 
General now ordered him to be drummed out of the west end of the 
town, and told him expressly that if he plagued him any more in 
that way, he would have him shot. So we saw no more of the shoe- 

"We then marched on until we came to the Potomac River ; but 
early in the morning we were halted and all the doctors called upon 
to inoculate the men with small pox, which took them until two 
o'clock. We then crossed the river at Georgetown, about eight miles 
above Alexandria, near the place where Washington City now stands. 
There we got houses and stayed until we were well of the small pox. 
I having had the pox before, attended on the officers of my company 
until they got well, but what is very strange, in the whole Brigade 
there was not one man lost by pox, except one by the name of Griffin, 
who after he had got able to go about, I thought he was well, 


imprudently went to swim in the Potomac, and next morning was 
found dead. About the last of June we left Georgetown for Phila- 

I have given this long extract from Hugh McDonald's 
Journal because it is an interesting account of these events by 
an intelligent participator in them. It has to some degree 
the faults of all such narratives, when reduced to writing 
years after the events have happened: it has a few mistakes 
of names and of chronology. Yet after all, when compared 
with the records, it has very few, and the story, with its 
human interest, brings graphically before us the scenes 
through which he was passing. 

The brigade arrived at Philadelphia on July 1st. They 
then moved on to Trenton, where they were stopped by Wash- 
ington until the 26th, when they were ordered back to Phila- 
delphia. Before they reached Philadelphia the order was 
countermanded. Uncertainty as to the objective of Sir William 
Howe, who had ^mbarked with his army at N^ew York and, 
after some maneuvering, had put to sea, was the cause of the 
brigade's being stopped at Trenton, and also of its return to 
Philadelphia. On August 22d Washington received informa- 
tion that Howe's fleet had arrived in the Chesapeake, and he 
ordered General l^ash to embark his brigade and Colonel 
Proctor's corps of artillery, if vessels could be procured for 
the purpose, and proceed to Chester ; or, if vessels could not 
be procured, to hasten toward that place by land with all the 
dispatch he could. At Chester General Washington, with the 
remainder of his army, joined them, and they moved on to 
Wilmington, Delaware. It is unnecessaiy to state the further 
movement of the armies, which led up to the Battle of Brandy- 
wine, September 11, 1777. One hundred men of the ISTorth 
Carolina bridage were with General Maxwell, under the com- 
mand of Colonel Alexander Martin, the rest of the ISTorth 
Carolina troops were with General Greene. I am indebted to 
Irving's Life of Washington for the following account of that 
battle : 


"The Brandywine Creek, as it is called, commences with two 
branches, called the East and West branches, which unite in one 
stream, flowing from west to east about twenty-two miles, and empty- 
ing itself into the Delaware about 25 miles below Philadelphia. It 
has several fords ; one called Chadd's Ford was at that time the 
most practicable, and in the direct route from the enemy's camp to 
Philadelphia. As the principal attack was expected here, Washington 
made it the center of his position, where he stationed the main body 
of his army, composed of Wayne's, Weedon's and Muhlenberg's 
brigades, with the light infantry under Maxwell. An eminence imme- 
diately above the ford had been intrenched in the night, and was 
occupied by Wayne's and Proctor's artillery. Weedon's and Muhlen- 
berg's brigades, which were Virginia troops and formed General 
Greene's division, were posted in the rear on the heights as a reserve 
to aid either wing of the army. With these Washington took his stand. 
Maxwell's light infantry were thrown in the advance, south of the 
Brandywine, and posted on high ground each side of the road lead- 
ing to the ford. The right wing of the army commanded by Sullivan, 
and composed of his division and those of Stephen and Stirling, 
extended up the Brandywine two miles beyond Washington's posi- 
tion. Its light troops and videttes were distributed quite up to the 
forks. A few detachments of unorganized and undisciplined cavalry 
extended across the creek on the extreme right. The left wing, 
composed of the Pennsylvania militia, under Major-General Arm- 
strong, was stationed about a mile and a half below the main body, 
to protect the lower fords, where the least danger was apprehended. 
The Brandywine, which ran in front of the whole line, was now the 
only obstacle, if such it might be called, between the two armies. 

"Early on the morning of the 11th, a great column of troops was 
descried advancing on the road leading to Chadd's Ford. A skirt of 
woods concealed its force, but it was supposed to be the main body 
of the enemy ; if so, a general conflict was at hand. The Americans 
were immediately drawn out in order of battle. Washington rode 
along the front of the ranks, and was everywhere received with 
acclamations. A sharp firing of small arms soon told that Maxwell's 
light infantry were engaged with the vanguard of the enemy. The 
skirmishing was kept up for some time with spirit, when Maxwell 
was driven across the Brandywine below the ford. The enemy who 
had advanced very slowly did not attempt to follow, but halted on 
commanding ground, and appeared to reconnoiter the American posi- 
tion with a view to attack. A heavy cannonading commenced on 
both sides about ten o'clock. The enemy made repeated disposi- 
tions to force the ford, which brought on as frequent skirmishes on 
both sides of the river, for detachments of the light troops occasion- 
ally crossed over. One of these skirmishes was more than usually 
severe ; the British flank guard was closely pressed, a captain and 
ten or fifteen men were killed, and the guard was put to flight, but 


a large force came to their assistance, and the Americans were again 
driven across the stream. All this while there was the noise and 
uproar of a battle; but little of the reality. The enemy made a 
great thundering of cannon, but no vigorous onset. . . ." 

About noon Washington received information that the main 
body of the British under Howe and Cornwallis were coming 
along the Lancaster road, undoubtedly with the intention of 
taking Sullivan by surprise, and thus turning the right flank 
of the patriot army. If this was true (he sent a squad of 
cavalry to ascertain if it was true) the eneimy was not in force 
opposite him, and he would cross the Brandy^nne, and crush 
the British on its south banks, while Sullivan held the army 
of Howe. Unfortunately as he was preparing to adopt his 
plan other information came that no troops had passed along 
the Lancaster road, and he was not willing to attack the whole 
British army with the force he had with him. Too late, how- 
ever, he discovered that the first information was: correct. 
The enemy was two miles in the rear of Sullivan's right and 
was marching down at a rapid rate, while a cloud of dust 
showed that there were more troops behind them. 

"In fact," says Irving, "the old Long Island stratagem had been 
played over again. Knyphausen with a small division had engrossed 
the attention of the Americans by a feigned attack at Chadd's Ford, 
kept up with great noise and prolonged by skirmishes ; while the 
main body of the army under Cornwallis, led by experienced guides, 
had made a circuit of seventeen miles, crossed the two forks of the 
Brandywine, and arrived in the neighborhood of Birmingham meet- 
ing house, two miles to the right of Sullivan. . . . 

"Finding that thus Cornwallis had gained the rear of the army, 
Washington sent orders to Sullivan to oppose him with the whole 
right wing, each brigade attacking as soon as it arrived upon the 
ground. Wayne, in the meantime was to keep Knyphausen at bay 
at the ford, and Greene, with the reserve, to hold himself ready to 
give aid wherever required. . . . 

"Sullivan on receiving Washington's orders advanced with his own, 
Stephen's and Stirling's divisions, and began to form a line in front 
of an open piece of wood. The time which had been expended in 
transmitting intelligence, receiving orders and marching, had enabled 
Cornwallis to choose his ground and prepare for action. Still more 
time was given him by a delay of the Americans in forming their 
line, arising from a mere point of etiquette. Lord Stirling's division 


had accidentally formed on the right of Sullivan ; this was taking 
rank of him ; the position had to be changed, and this change was 
taking place when Cornwallis advanced rapidly with his troops in 
the finest order, and opened a brisk fire of musketry and artillery. 
The Americans made an obstinate resistance, but being taken at a 
disadvantage, the right and left wings were broken and driven into 
the woods. The centre stood firm for a while, but being exposed 
to the whole fire of the enemy, gave way at length also. The British 
in following up their advantage got entangled in the wood. . . . 

"The Americans rallied on a height to the north of Dilworth, 
and made a still more spirited resistance than at first, but were 
again dislodged and were obliged to retreat with heavy loss. While 
this was occurring with the right wing, Knyphausen, as soon as he 
learnt from the heavy firing, that Cornwallis was engaged, made a 
push to force his way across Chadd's Ford in earnest. He was 
vigorously opposed by Wayne, with Proctor's artillery, aided by 
Maxwell and his infantry. Greene was preparing to second him 
with his reserve, when he was summoned by Washington to the 
support of the right wing; which the commander-in-chief (who had 
himself gone to the right wing) had found in imminent peril. Greene 
advanced to the relief with such celerity, that it is said on good 
authority his division accomplished the march, or rather run, of 
five miles in less than fifty minutes. He arrived too late to save 
the battle, but in time to protect the broken masses of the left wing, 
which he met in full flight. Opening his ranks from time to time 
for the fugitives, and closing them the moment they had passed, he 
covered their retreat by a sharp and well directed fire from his field 
pieces. His grand stand was made at a place about a mile beyond 
Dilworth, which, in reconnoitering the neighborhood, Washington 
had pointed out to him as well calculated for a second position, 
should the army be driven out of the first. . . . Weedon's brigade 
was drawn up in a narrow defile, flanked on both sides by woods, 
and perfectly commanding the road ; while Greene, with Muhlenberg's 
brigade, passing to the right, took his station on the road. The 
British came on impetuously, expecting but faint opposition. They 
met with a desperate resistance and were repeatedly driven back. 
It was the bloody conflict of the bayonet; deadly on either side, and 
lasting for a considerable time. Weedon's brigade, on the left, 
maintained its stand also with great obstinacy, and the check given 
to the enemy by these two brigades, allowed time for the broken 
troops to retreat. Weedon's was compelled at length by superior 
numbers to seek the protection of the other brigade, which he did in 
good order, and Greene gradually drew off the whole division in the 
face of the enemy, who checked by this vigorous resistance, and 
seeing the day far spent, gave up all further pursuit. 

"The brave stand made by these brigades had, likewise, been a 
great protection to Wayne. He had for a long time withstood the 


attacks of the enemy at Chadd's Ford, until the approach on the 
right of some of the enemy's troops who had been entangled in the 
woods, showed him that the right wing had been routed. He now 
gave up the defense of his post, and retreated by the Chester road. 
Knyphausen's troops were too fatigued to pursue him ; and the others 
had been kept back, as we have shown, by Greene's division. So 
ended the varied conflict of the day." 

I have given this long account of the Battle of the Brandy- 
w^ine, because it is the clearest description of that battle that 
I have found. It does not help in solving the problem of the 
part that the ISTorth Carolina troops took in it, because Irving, 
with the exception of Weedon and Muhlenberg, describes the 
troops by divisions. Judge Clark says the ISTorth Carolina 
troops were in the division commanded by Lord Stirling (11 
S. R., page 15). Mr. Ashe, History of North Carolina, page 
581, says that they were in the division commanded by Gen- 
eral Sullivan, and participated in the battle ; but the manage- 
ment was so wretched that none of the brigades in Sullivan's 
division won any renown. The writer in a sketch of General 
ISTash, in the Biographical History of North Carolina, 3d 
volume, adopts the view that they were with General Sulli- 
van, but in Lord Stirling's division. It is quite probable that 
none of these assertions is correct, for Thomas Burke, who 
was himself on the battlefield, writing to Governor Caswell, 
September 17th, after stating that General Sullivan com- 
manded the right wing, and the confusing reports in regard to 
tlie approach of Cornwallis and the discomfiture of General 
Sullivan at the ensuing battle, says: "The evil did not end 
here. Greene's division and JSTash's brigade, which formed 
the chief strength of the centre, were ordered to the right to 
reinforce the troops of that wing. . . . None of the re- 
inforcements had time to get up so as to engage, except Weed- 
on's brigade, who checked the enemy and very gallantly 
covered the retreat of the whole army." (11 S. E., 621.) On 
the same day in a letter signed by himself, Penn and Harnett, 
it is said, "The North Carolina troops were not engaged in 
the late action." 


Soon after the brigade joined General Washington a hun- 
dred light infantry men were chosen from it, and they were 
placed under the command of Colonel Alexander Martin. It 
is certain that these were part of General Maxwell's brigade 
at Chadd's Ford, and that both Captain Jacob Turner and 
Hal Dixon distingTiished themselves there. A month later 
Turner was killed at the battle of Germantown. 

Germantown, October 4, 1777, was the first battle in which 
the ISTorth Carolina Continental troops ae a brigade took part. 

"Germantown, at that time was little more than one continued 
street, extending two miles north and south. The houses were 
mostly of stone, low and substantial, with steep roofs and projecting 
eaves. They stood apart from each other, with fruit trees in front 
and small gardens. Beyond the village, and about one hundred 
yards east of the road, stood a spacious stone edifice, with orna- 
mented grounds, statues, groves and shrubbery, the country seat of 
Benjamin Chew, Chief Justice of Pennsylvania previous to the Revo- 
lution. Four roads approached the village from above ; that is, from 
the north. The Skippack, which was the main road, led over Chest- 
nut Hill and Mount Airy down to and through the village toward 
Philadelphia, forming the street of which we have spoken. On its 
right and nearly parallel, was the Monatawney, or Ridge road, pass- 
ing near the Schuylkill, and entering the main road below the village. 
On the left of the Skippack, or main road, was the Limekiln road, 
running nearly parallel to it for a time and then turning towards it, 
almost at right angles, so as to enter the village at the market place. 
Still further to the left or east, and outside of all, was the Old York 
road, falling into the main road some distance below the village. 

"The main body of the British forces lay encamped across the 
lower part of the village, divided into almost equal parts by the 
main street, or Skippack road. The right wing commanded by 
General Grant was to the east of the road, the left wing to the west. 
Each wing was covered by strong detachments, and guarded by 
cavalry. General Howe had his headquarters at the rear. The 
advance (guard) of the army, composed of the 2d battalion of 
British light infantry, with a train of artillery, was more than two 
miles from the main body, on the west of the road, with an outlying 
picket stationed with two six pounders at Allen's house on Mount 
Airy. About three quarters of a mile, in the rear of the light infantry 
lay encamped in a field opposite Chew's House the 40th regiment of 
infantry under Colonel Musgrave. 

"According to Washington's plan for the attack, Sullivan was to 
command the right wing, composed of his own division, principally 
Maryland troops, and the division of General Wayne. He was to be 


sustained by a corps de reserve composed of Nash's North Carolina 
and Maxwell's Virginia* brigades, and to be flanked by the brigade 
of General Conway. He was to march down the Skippack road and 
attack the left wing; at the same time General Armstrong, with the 
Pennsylvania militia, was to pass down the Monatawny, or Ridge 
Road and get upon the enemy's left and rear. Greene with the left 
wing composed of his own division and the division of General 
Stephen, and flanked by McDougall's brigade, was to march down 
the Limekiln Road, so as to enter the village at the market house. 
The two divisions were to attack the enemy's right wing in front, 
McDougall with his brigade to attack it in flank, while Smallwood's 
division of Maryland militia and Forman's Jersey brigade, making 
a circuit by the Old York Road, were to attack it in the rear." 

This was an excellent plan, and notwithstanding the fog, 
had all the troops in Washington's anny done their duty in 
that battle as faithfully as did the rank and file of the ISTorth 
Carolina brigade, the result would have been very different. 
That they fought well is the uncontradicted testimony of all. 
The}^ had been ordered to the front by Washington himself 
(under whose eye they fought) to reinforce Sullivan and 
with him had pushed on a mile beyond the Chew House, driv- 
ing the enemy before them, when Sullivan's troops, having 
expended all their ammunition, were alarmed by seeing the 
enemy gathering on their left and by the cry of a light horse- 
man that they were getting around them, and fell back in a 
disorder that soon became a panic. In an overwhelming fog- 
friends were mistaken for enemies, and what at first promised 
to be a complete victory was converted into as complete a de- 
feat. It waig after the brigade had passed the Chew House and 
through the camp of the British infantry that General !N^ash 
was wounded. Mr. Custis, who was a namesake and favorite 
of General Washington, and father of the wife of General 
R. E. Lee, writes thus of General E'ash's death in the 
National Intelligencer, issue of February 22, 1841 : 

"While gallantly leading the North Carolina Brigade, that formed 
part of the reserve, into action. General Nash was mortally wounded. 
A round shot from the British artillery striking a sign post in 
Germantown, glanced therefrom and, passing through his horse, 

♦This is error. Maxwell's was a New Jersey brigade. 


shattered the General's thigh on the opposite side. The fall of the 
animal hurled its unfortunate rider with considerable force to the 
ground. With surpassing courage and presence of mind, General 
Nash, covering his wound with both of his hands, gaily called to 
his men, 'Never mind me. I've had a devil of a tumble; rush on, 
my boys; rush on the enemy. I'll be after you presently.' Human 
nature could do no more. Faint from loss of blood and the intense 
agony of his wound, the sufferer was borne to a house hard by and 
attended by Dr. Craik by special order of the Commander-in-chief. 
The doctor gave his patient but feeble hopes of recovery, even with 
the chances of amputation, when Nash observed, 'It may be consid- 
ered unmanly to complain, but my agony is too great for human 
nature to bear. I am aware that my days, perhaps hours, are num- 
bered, but I do not repine at my fate. I have fallen on the field of 
honor while leading my brave Carolinians to the assault of the 
enemy. I have a last request to make of his Excellency, the Com- 
mander-in-Chief, that he will permit you, my dear doctor, to remain 
with me to protect me while I live, and my remains from insult.' 
Dr. Craik assured the General that he had nothing to fear from the 
enemy. It is impossible that they would harm him while living, or 
offer an insult to his remains ; that Lord Cornwallis was by this 
time in the field, and, that under his auspices a wounded officer 
would be treated with humanity and respect. The dying patriot and 
hero then uttered these remarkable words : 'I have no favor to 
expect from the enemy. I have been consistent in my principles 
and conduct from the commencement of the troubles. From the 
very first dawn of the Revolution, I have ever been on the side of 
liberty and my country.' He lingered in extreme agony between two 
and three days and died admired by his enemies and admired and 
lamented by his companions in arms. On Thursday, October 9th, 
the whole American Army was paraded by order of the Commander 
in-Chief to perform the funeral obsequies for General Nash, and 
never did the warrior's last tribute peal the requiem of a braver 
soldier or nobler patriot than of the illustrious son of North Carolina 
. . . while the epitaph to be graven on his memorial monu- 
ment should be the memorable words of the patriot and hero on the 
field of his fame : 'From the very first dawn of the Revolution, I 
have ever been on the side of liberty and my country.' " 

The advice of Mr. Ciistis has been taken. Those words of 
General I^ash have been engraven on the monument erected 
to his memory by the Federal Government, on Guilford Bat- 
tle Ground. 

His military career was too brief for him to have gained 
the fame that might have been his had his life been spared. 


Short as it was, however, he attracted the attention and se- 
cured the respect of Washington and his subordinates. In his 
dispatches Washington speaks of him as a brave and valuable 
officer. General Sullivan, in writing to the President of 
New Hampshire, testifies to his worth. Thomas Burke, then 
a member of CongTcss, writes of him that he was one of the 
best, most respected and regretted officers in the armj, and 
Governor Caswell said his equal was not to be found among 
the officers who survived him. Colonel Edward Buncombe 
and Captains Henry Irwin and Jacob Turner were either 
killed or mortally wounded in this battle. 

General Mcintosh, of Georgia, was placed temporarily in 
command of the North Carolina brigade, and continued as 
such until Ma.y, 17Y8, when he was transferred to take com- 
mand at Pittsburg and of the western frontier. 

The brigade spent the winter of 1777-1778 at Valley 
Forge, about 23 miles west of Philadelphia. It seems to have 
endured with patience the terrible suffering of that winter, 
and to have taken its part in outpost duty. On the last day 
of 1777 there were present of them fit for duty 572 file, 425 
sick, and 137 absent on duty (11 S. R., 703). The battal- 
ions were reformed by Washington in June, 1778. • They 
took part in the Battle of Monmouth, June 29, 1778, in the 
division of Lord Stirling, and under the command of Colonel 
Clark. After a hot and arduous day the enemy retired that 
night behind a defile, where they had both their flanks secured 
by thick woods and morasses, while their front could only be 
approached through a narrow pass. Washington determined, 
notwithstanding, to attack them, so ordered General Poor, 
with his own and the Carolina brigade, to move round upon 
their right, and General Woodford upon their left, with the 
artillery to gall them in front. The impediments in their 
way, however, prevented their getting within reach before 
dark. The}^ remiained upon the ground they had been directed 
to occupy during the night, with intention to begin the attack 
early the next morning, while the army at large continued 


lying upon their arms on the field of battle, to be in readiness 
to support them. But the enemy about 12 o'clock that night 
marched away in such silence that, though Greneral Poor lay 
extremely near them, they effected their retreat without his 
knowledge. Washingion in his report of the battle said, "The 
behavior of the troops in general . . . was such as could 
not be surpassed." 

In the reformation of the brigade alluded to above the num- 
ber of battalions in the brigade were reduced from six to 
three. Colonel Sheppard's Tenth Regiment made the fourth. 
Colonels Lamb, Polk, Hogun, and numerous subordinate offi- 
cers being thus displaced to return home to raise the four 
additional battalions, asked for by the Continental Congress. 
"Efforts to obtain recruits under the system of volunteering, 
even with the large bounties offered, proved unavailing, and 
the Legislature directed that 2,600 men should be detached 
from the militia to serve iu the Continental army for nine 
months. They were known as the nine months men. A cer- 
tain quota wag apportioned to each county, and this number 
was again apportioned by the Colonel of the county among 
the militia companies, so that every militia company in the 
State had to furnish its proper share of these troops. Volun- 
teers from each company were first to be called for and to 
these a bounty of $100 was offered ; and then, to make up the 
deficiency in its quota each company, by ballot, selected the 
other men. Every one so selected became a Continental, and 
those who faithfully served for nine months were to be ex- 
empt from any military service for a period of three years. 
Boards of Continental officers convened at Halifax 
and Moore's Creek to arrange officers for the new battalions, 
and Colonel Hogun was elected to command the first that 
should be organized. In July, lYYS, he marched north with 
six hundred men." (Ashe, page 589 et seq.) 

In August he reached Philadelphia and hastened on to 
Washington's headquarters at White Plains. The ISTorth 
Carolina Brigade had its cantonment for the winter of 1YY8-9 


near Smith's Cove, on tlie west side of the Hudson, for the 
security for that pass and as a reinforcement to West Point, 
in case of necessity. On January 9, 1779, after a long delay 
(there had been no I^orth Carolina brigadier since the death 
of Nash), James Hogun and Jethro Sumner were made Brig- 
adier Generals by the Continental Congress. 

Perhaps the most dashing exploit of the whole war was the 
capture of Stony Point, on July 16, 1779. Two hundred 
volunteers from the jS'^orth Carolina brigade, under the com- 
mand of Major Hardy Murfree, took part in the attack. 
Stony Point is a commanding hill, projecting far into the 
Hudson, which washes three^fourths of its base. The remain- 
ing fourth is, in a great measure, covered by a deep marsh, 
commencing near the river on the upper side and continuing 
into it below. But at its junction with the river is a sandy 
beach passable at low tide, and across the morass, itself, was a 
narrow causeway and bridge. The promontory was crowned 
by strong works, furnished with heavy ordinance, command- 
ing the morass and causeway. Lower down were two rows of 
abatis, and the shore at the foot of the hill could be swept by 
war vessels anchored in the river. The garrison was about 
six hundred strong, commanded by Lieutenant-Colonel John- 

When Washington suggested his plan to capture Stony 
Point to Mad Anthony Wayne, it is reported that he said: 
"General, I will storm hell, if you will only plan it." Gen- 
eral Wayne then readily undertook the venture. Washing- 
ton's plan involved the placing of large bodies of troops near 
as support for the volunteers from light infantry who were 
to make the attack upon the fort. These supporters were the 
regiments of Febiger and Meigs, a detachment imder Major 
Hull and two hundred volunteers from the ITorth Carolina 
brigade under Major Murfree. Irving in his Life of Wash- 
ington., tells the remainder of the story : 

"On the 15tli of July, about midday, Wayne set out with his light 
infantry from Sandy Beach, fourteen miles distant from Stony 
Point. The roads were rugged, across mountains, morasses and 


narrow defiles, in the skirts of Dunderberg, where frequently it was 
necessary to proceed in single file. About eight in the evening, they 
arrived within a mile and a half of the fort, without being discov- 
ered. Not a dog barked to give the alarm — all dogs in the neighbor- 
hood had been privately destroyed beforehand. Bringing the men 
to a halt, Wayne and his principal oflScers went nearer, and care- 
fully reconnoitered the works and their environs, so as to proceed 
understandingly and without confusion. Having made their ob- 
servations they returned to the troops. About half past eleven, the 
whole moved forward, guided by a negro of the neighborhood who 
had frequently carried in fruit to the garrison, and served the 
Americans as a spy. He led the way accompanied by two stout men 
disguised as farmers. The countersign was given to the first sentinel, 
posted on high ground west of the morass. While the negro talked 
with him, the men seized and gagged him. The sentinel posted at 
the head of the causeway was served in the same manner ; so that 
hitherto no alarm was given. The causeway, however, was over- 
flowed, and it was some time after twelve o'clock before the troops 
could cross ; leaving three hundred men under General Muhlenberg 
(?), on the western side of the morass as a reserve. 

"At the foot of the promontory, the troops were divided into two 
columns, for simultaneous attacks on opposite sides of the works. 
One hundred and fifty volunteers, led by Lieutenant Colonel Fleury, 
seconded by Major Posey, formed the vanguard of the right column ; 
one hundred volunteers under Major Stewart, the vanguard of the 
left. In advance of each was a forlorn hope of twenty men, one led 
by Lieutenant Gibbon, the other by Lieutenant Knox ; it was their 
desperate duty to remove the abatis. So well had the whole affair 
been conducted, that the Americans were close upon the outworks 
before they were discovered. There was then severe skirmishing at 
the pickets. The Americans used the bayonet ; the others discharged 
their muskets. The reports roused the garrison. Stony Point was 
instantly in an uproar. The drums beat to arms ; every one hurried 
to his alarm post ; the works were hastily manned, and a tremendous 
fire of grape shot and musketry opened upon the assailants. 

"The two columns forced their way with the bayonet at opposite 
points, surmounting every obstacle. Colonel Fleury was the first to 
enter the fort and strike the British flag. Major Posey sprang to 
the ramparts and shouted, 'The fort is ours.' Wayne, who led the 
right column, received at the inner abatis a contusion on the head 
from a musket ball, and would have fallen to the ground, but his 
two aides-de-camp supported him. Thinking it was a death wound, 
'Carry me into the fort,' said he, 'and let me die at the head of my 
column.' He was borne in between his aids, and soon recovered 
his self possession. The two columns arrived nearly at the same 
time and met in the center of the works. The garrison surrendered 
at discretion." 


The loss of the Americans was fifteen killed and eighty- 
three wounded ; that of the British, fifty-three killed and five 
hundred and fifty-three taken prisoners, among whom were a 
lieutenant colonel, four captains, and twenty-three subalterns, 

Henry Cabot Lodge, in his Story of the Revolution, tells of 
the part that Major Murfree and his North Carolinians took 
in the storming of the fort : "Major Murfree and his ITorth 
Carolinians in the center were delayed by the tide in crossing 
the morass, and as they came through they met an outpost. A 
heavy fire of grapeshot and musketry opened upon them. On 
they went without a pause as if they were the only troops on 
the field, and every other column and division did the same." 
Among other brave and worthy ofiicers, Wayne mentioned the 
names of Lieutenant-Colonel Sherman and Majors Hull, 
Murfree, and Posey, "whose good conduct and intrepidity 
entitled them to that attention." Lieutenant John Daves, one 
of the IvTorth Carolina ofiicers present, was among the severely 

The disastrous defeat of General Robert Howe, in Georgia, 
in December, 1778, had caused him to be superseded by Major 
General Lincoln, whom Washington had sent south at the 
solicitation of the deles'ates (in the Continental Con^'ress) 
from Georgia and South Carolina. The remainder of the 
battalions raised under the nine months plan from the militia 
of the State were sent to reinforce Lincoln in South Carolina, 
under the command of General Sumner and were engaged at 
the battle of Stono, June 20, 1779, and also under the com- 
mand of Colonel Lamb in the unsuccessful joint attack upon 
the British defenses at Savannah, Georgia, October 9th. They 
fought well in both battles. The latter part of the year con- 
ditions were so threatening in the State of South Carolina 
that Washington ordered all the IN^orth Carolina Conti- 
nentals to that State to reinforce Lincoln, General Hogim, in 
command, they, about seven hundred, reached Charleston and 
went into camp on March 3, 1780. A short time afterwards 
General Woodford, who had been detached from; the northern 


araiy in December, arrived at Charleston, with about the 
same number of effectives. 

The best short account of the fall of Charleston that I have 
found is in Ashe, page 608, et seq. : 

"The British being in possession of Savannah, it was apprehended 
that Charleston would be their next point of attack, and strenuous 
efforts were made to put that city in a state of defense. On Febru- 
ary 10th, Sir Henry Clinton, having arrived with an additional force 
from New York, disembarked on John's Island, and at the end of 
March he passed the Ashley River above Charleston, taking posses- 
sion of the Neck, across which Lincoln, had as defensive measures, 
cut a canal, constructed abatis, and built strong redoubts and bat- 
teries. It was thought that the British fleet could be successfully 
opposed ; but on April 9th, it passed the bar, ran by Fort Moultrie 
and took possession of the harbor. To prevent its ascent, the chan- 
nel of Cooper River was hurriedly obstructed by sinking there. the 
entire American fleet, and so the way was still open for General 
Lincoln to retire from the city if he had chosen to do so. But the 
citizens entreated him to hold the city, and in the vain hope of relief 
he yielded to their earnest appeals. It was expected that the Vir- 
ginia Continentals (remainder of, under Colonel Buford, General 
Woodford had already arrived) as well as militia from that state 
and the two Carolinas, would come to his aid, and that he would be 
able to raise the siege when these succors came. On April 6th 
Colonel Harrington, with some of the North Carolina militia, arrived, 
having entered the city by way of Addison's ferry, and Governor 
Rutledge was collecting the South Carolina militia on the Pee Dee, 
and awaiting the arrival of the Virginia troops and Caswell's brigade. 

"Day by day the enemy approached nearer and nearer, until at 
length, on April 24th, Lincoln made a determined sortie to drive off 
their working parties. The detachment for this assault numbered 
three hundred men from Hogun's North Carolinians, Woodford's 
Virginians and the South Carolina Continentals. The interruption 
to the operations of the enemy was ineffectual ; and other than this 
one effort, Lincoln simply endured the trying ordeal of his unfor- 
tunate predicament. The fire of the British along the line was con- 
tinuous, and daily a few of the brave defenders fell at their posts. 
In all the American loss was 89 killed and 140 wounded ; that of 
the besieging force being about the same. At length, all hope of 
relief having faded away and all avenues of escape being closed, 
and the citizens wearying of the siege, General Lincoln convened a 
council of his oflSicers, and by their advice agreed to surrender. The 
capitulation took place on May 12th. His army at that time num- 
bered two thousand Continentals, five hundred of whom were then 
in the hospitals. In addition there were more than a thousand 


militia, nearly all North Carolinians, for there were but few South 
Carolina militia in the city. 

"By the surrender the entire North Carolina line, embracing the 
new battalions as well as Hogim's brigade, was eliminated from the 
contest, all that were left being those on sick leave and such oflScers 
as were at home unemployed. Included in the surrender were 
General Hogun, Colonels Clark, Patten, Mebane, fifty-nine other 
officers and seven hundred and fourteen other soldiers. Under the 
terms of the capitulation the militia were paroled and allowed 
to return to their homes, but the Continentals were kept in the 
harbor. ... Of the eighteen hundred regulars who went into 
captivity on May 12, 1780, only seven hundred survived when they 
were paroled. After an imprisonment of twelve months an exchange 
of officers was agreed on ; those who had not died in captivity were 
landed on James River, where they were exchanged, and returned to 
the army." 

In a biographical sketcli of General Hogun's life in .4 Biog. 
His. N. C, by Judge Clark, it is said, "The regular troops 
headed by General Hogun, were conveyed to Haddrell's Point 
in the rear of Sullivan's Island, near Charleston. They there 
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 was offered leave to return on parole. Tempt- 
ing 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 recruits among these half-starved prison- 
ers." The term "deportation" has attached to it in these latter 
days a signification so odious that it is well to pause here in 
the midst of the narration to explain that it was not a forcible 
deportation. The attempt was to induce the prisoners to 
enter on board the ships of war, or privateers, or to go as 
recruits to the regiments in the West Indies, or as volunteers 
against the Spanish settlements, and a considerable number 
of them chose to relieve themselves in that way of the severe 
privations of their imprisonment. But to resume, "He knew 
also that his absence would aid the efforts of the British, who 


were seeking recruits among these half -starved prisoners. He 
fell a victim to his sense of duty, and died at Haddrell's 
Point, January 4, 1781, where he fills the unmarked grave of 
a hero. History affords no more striking incident of devotion 
to duty, and JSTorth Carolina should erect a tablet to his mem- 
ory and that of those who perished there with him." 

Though Major Eaton's battalion, in the early summer of 
1Y81, numbered 400, and General Sumner's brigade in April, 
1782, contained 1,000 men, to which, probably, another thous- 
and was added before the year was out, yet the history of the 
Continental line, strictly speaking, ended at Ceneral Lin- 
coln's surrender at Charleston, The surviving officers were 
found very useful in organizing and leading the militia on 
several occasions, and General Sumner, with his newly en- 
listed regulars, 1,000 in number, fought bravely aud suffered 
severely in the battle of Eutaw Springs, September 9, 1781, 
yet these events are beyond the plan of this article. 

I am indebted again to Judge Clark for the following 
from the biography of Jaimesi Hogun, sup. : 

"The colonels of the ten North Carolina regiments of the Conti- 
nental Line were: 

"First Regiment, James Moore ; on his promotion, Francis Nash ; 
after his promotion, Thomas Clark (who, by the way, was the 
second husband of Nash's widow). Alfred Moore, afterwards judge 
of the United States Supreme Court, was one of the captains (of 
this regiment). 

"Second Regiment, Robert Howe; after his promotion, Alexander 
Martin. On his resignation, John Patten. In this regiment Hardy 
Murfree, from whom Murfreesboro in Tennessee, is named, rose from 
captain to lieutenant-colonel ; and Benjamin Williams, afterwards 
governor, 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 a lieutenant-colonel and Pinljetham Eaton was major, both dis- 
tinguished soldiers ; and William Blount, afterwards United States 
Senator, was paymaster. 

"Fourth Regiment, Thomas Polk. General William Lee Davidson, 
killed at Cowan's Ford, was lieutenant-colonel of this regiment. 

"Fifth Regiment, Edward Buncombe, who died of wounds received 
at Germantown, and for whom Buncombe County is named. 


"Sixth Regiment, Alexander Lillington, and afterwards, Gideon 
Lamb. Jotin Baptista Ashe, of Halifax, who was elected governor 
in 1802, but died before qualifying, was lieutenant-colonel of this 

"Seventh Regiment, James Hogun. After his promotion, Robert 
Mebane. In this regiment Nathaniel Macon, afterwards speaker of 
Congress and United States Senator, and James Turner, afterwards 
governor, served together as privates in the same company. 

"Eighth Regiment, James Armstrong. 

"Ninth Regiment, John Pugh Williams. Of this regiment, William 
Polk was major. 

"Tenth Regiment, Abram Sheppard." 


The Civilization of the Old South 

By Mildred Lewis Rutherford. 

(Historian-General the United Daughters of the Confederacy, 



The civilization of the Old South was truly unique — noth- 
ing like it before or since, nor will there ever be anything like 
it again. 

Henry R. Jackson said : 

"The stern glory of Sparta, the rich beauty of Athens, the splen- 
dors of Imperial Rome, the brilliancy of ancient Carthage — all pale 
before the glories of the Old South, the South as our forefathers 
lived it, the South as Washington, Jefferson, and Madison lived it, 
and, last but not least, the South as our Robert E. Lee lived it." 

And Henry Grady said : 

"In the honor held above estate ; in the hospitality that neither con- 
descended nor cringed ; in frankness and heartiness and wholesale 
comradeship ; in the reverence paid to womanhood and the inviolable 
respect in which woman's name was ever held— the civilization of the 
Old South has never been surpassed, and perhaps will never again be 
equaled by any people or nation upon this globe." 

It is true that it has been compared to the Feudal System 
of the Middle Ages, when military lords exercised jurisdic- 
tion over serfs, allotted them land, collected taxes from them 
and in return demanded service in time of war — but there 
was no love lost between lord and serf. 

It has been compared to the English tenant system, where 
the landlord leases the land, and, so long as the rent is paid, 
all is well, but if the tenant fails to pay his rent, then he is 
ejected without mercy — ^very rarely is there any love lost be^ 
tween the landlord and his tenant. 

Very different was the relation that existed between the 
slave-holder and his slaves under the institution of slavery as 


it was in the Old South. By the way, the negroes in the 
South were never called slaves — that term came in with the 
Abolition crusade. They were our servants, part of our very 
home, and always alluded to as the servants of a given planta- 
tion or town home — as, ^'the servants of White Marsh," "the 
servants of Warner Hall," "the servants of Rosewall or Rose- 
well," or of Halscot "the servants of Cherry Hill," "the serv- 
ants of Round Hill, of Silver Hall," etc. The servants had 
no surnames of their own before the war — they had none 
when they came to us from Africa — but they were known by 
the names of their owners or owners' estates. Thus it was 
that Nancy from the Thornton plantation after freedom be- 
came ISTancy Thornton; and Tom from Warner Hall became 
Tom Warner. 

There was something in the economic system of the Old 
South that forged bonds of personal interest and affection be- 
tween the master's family and their servants — a pride that 
was taken the one in the other. The master would boast, "My 
servants are the best on all the plantations round, best work- 
ers, best mannered, most contented, the healthiest." And the 
servants in turn would say, "Our white folks are quality folks 
- — ^they're none of your po' white trash. Aint nobody in the 
world like our 'Ole Marster' and 'Ole Mis'." 

The negToes under the institution of slavery were well-fed, 
well-clothed, and well-housed. A selfish interest, if no nobler 
or higher motive, would have necessitated this, for the slave 
was the master's salable property. He would not willingly 
have allowed him to be injured physically. How hard it was 
for us to make the North understand this ! 

I never heard of a case of consumption, or rather tubercu- 
losis among the negroes before the War between the States, 
and now negToes are dying by the hundreds yearly. I never 
heard of but one crazy negTo before the war. JSTow asylums 
can not be built fast enough to contain those who lose their 

Negroes were immune from yellow fever before the war, 
and now this is no longer true. 


I never saw a drunken negro before the war, for they were 
not allowed to buy, sell, or drink liquor without the master's 
consent, and crimes now so prevalent, largely on account of 
drunkenness, were unheard of then. 

The negroes were forced to go to church and white pastors 
employed to preach to them. They were not allowed to work 
on Sunday. In proportion to population there were more 
negroes as church members than whites. 

Marriage licenses must be obtained and the marriage take 
place in the presence of "Ole Marster" or the overseer. 

Under the institution of slavery, the negro race increased 
more rapidly than the white. The reverse is the case today. 

The servants were very happy in their life upon the old 
plantations. William Makepeace Thackeray, on a lecture tour 
in America, visited a Southern plantation. In "Roundabout 
Papers" he gives this impression of the slaves : 

"How they sang ! How they danced ! How they laughed ! How 
they shouted ! How they bowed and scraped and complimented ! 
So free, so happy ! I saw them dressed on Sunday in their Sunday 
best — ^far better dressed than our English tenants of the working 
class are in their holiday attire. To me, it is the dearest institution 
I have ever seen and these slaves seem far better off than any tenants 
I have seen under any other tenantry system." 

When a white child was bom a negro of corresponding age 
was given. This negro owned the white child as much as the 
white child owned the negro. The negro refused to take an 
order from any young person save the owner, and the owner 
refused to have any order given by any one but the owner. 
Close ties of affection grew between the two. As an illustra- 
tion of this, in a child's game, "Playing Dead," my sister was 
allowed to be covered in the leaves as dead, but my Ann Eliza 
could not play dead. 

How restful the old life was ! What a picture of content- 
ment, peace, and happiness it presented ! It was something 
like our grandmothers' garden as compared with the gardens 
of today. 

The old-fashioned gardens with box-bordered beds so dig- 


nified and orderly and stately, witli four o' clocks, liolly hocks, 
larkspurs, toucli-me-nots, wall flowers, bachelor buttons, snap 
dragons, mignonette, sweet alyssum, columbine and sunflower. 
How beautiful they were ! What lovely overdresses the four 
o'clocks made for our flower dolls ! What beautiful wreaths 
the larkspurs made, purple and white, which we pressed with- 
out compunction in the finest books in our father's library, 
totally unconscious of the ugly stain left behind. 

There were long walks bordered with cape jessamine, 
banana shrubs, Chinese magnolias, crepe myrtle, rose beds 
filled with moss roses (I never see a pink moss rose now), 
yellow roses, red and pink single roses, tube roses; fences 
covered with Cherokee roses ; summer houses covered with 
honeysuckle, yellow jasimine, woodbine, wisteria or white 
clematis. The odor of sweet grass and mimosa blooms, the 
rows of flowering pomegranate bushes, with double blossoms 
and the bearing pomegTanate with single ])lossoms^ — ^apple 
trees in which the mocking birds' nests were found, and no 
one, white or black, could rob a mocking bird's nest, and, in 
the spring, doves cooing to their mates — that's like the old- 
time days never to return again. 

The plantation was the center of social life in the old system 
and the "Big House" was the center of plantation life. It 
was always full and room for more. When all the beds were 
filled, pallets were made on the floors all over the house, and 
this gave trouble to no onC' — for there were plenty of servants 
to do the bidding, and mattresses, feather beds, pillows, quilts, 
blankets, and marvelous counterpanes in profiusion, and linen 
closets always full. 

In the "Big House" there lived "Ole Marster" and "Ole 
Mis." There were "Youna; Marster" and "Youna: Mis," and 
the children. Then there were the uncles and aunts and 
cousins to remotest kinship, with carnages, wagons, horses 
and servants. This gave trouble to no one, for there was 
plenty in the com crib, plenty in the barn, plenty in the 
smokehouse, plenty in the pantry, plenty of turkeys, geese, 
ducks, guineas, chickens and squabs. Plenty of eggs, plenty 


of butter, cheese, cream', curds, clabber, sweetmilk and butter- 
milk — bam full, yard full, dairy full, pantry full. Shelves 
lined with jellies, jams, apple butter, quince and peach pre- 
serves, brandy peaches, marmalade, and large stone jars filled 
with pickles, sweet and sour. 

The table fairly groaned with good things to eat, and there 
were no cooks like grandmother's old cooks. The kitchen was 
never in the house, but way out in the yard. This mattered 
little then, for there were plenty of little negroes to run back 
and forth with the covered dishesi and hot batter cakes, hot 
waffles, hot rolls, and even hot ginger cakes. You young peo- 
ple will say "But it was not stylish to have so much on the 
table." 'No, not stylish, but far better than the little "dabs of 
nothing-ness" that you have today. 

You may say, "What sinful waste!" Yes, there was a 
waste, but it was not sinful, for white and black had enough 
and to spare. The household servants always had what the 
white people at the Big House had, and the poor whites near 
by, if any, had more from "Ole Mis's" generous hand. 

The stables were full of riding horses, buggy horses, car- 
riage horses and ponies, so riding parties were the amuse- 
ment for mornings and afternoons. Every girl and boy in 
the Old South learned to ride and drive at an early age. The 
little boys helped to take the horses to water, and to break the 
wildest colts. This made the masters' sons the finest cavalry- 
men in the Confederate Army. 

In the evenings old Uncle l!^ed, the fiddler, would come into 
the great wide hall and the Virginia Reel would be danced, 
"Ole ]\Iarster" leading off with the prettiest girl there as his 
partner. Then the dignified minuet would be called for, and 
"Ole Marster" would lead out "Ole Mis" with the gallantry 
of Sir Galahad, and wind up with the cotillion, old Ned. call- 
ing out the figures, keeping time with his foot and head, as he 
would sing out, "Salute your pardners," "Swing your pard- 
ners," "Sachez to the right," then "Sachez to the left," and 
finallv "Promenade all." 


Young people, we could not have danced the "Turkey Trot" 
nor the "Bunny Hug" had we desired. 

Early hours were kept on the old plantation, for every one 
must be stirring at daybreak. "Ole Mis" would be the first 
to rise. Hers was a busy life. She started all the household 
servants to their work — the dry rubbers, and brass polishers. 
Ah, how those brass fenders, andirons and candlesticks shone ! 
They had few carpets in those days and so the floors' had to be 
polished by being dry rubbed. The garments had to be cut 
out for the seamstresses, and the looms gotten ready for the 
weavers, and the spinning wheels had to be started, breakfast 
had to be given out and the cooks must begin their work. 

Early in the morning you could hear the beating of the 
dough — no biscuit mills then — and if we had beaten biscuits 
they were made with "elbow grease." You could hear the 
milkers as they went down to the cow lot, calling the little 
negroes to keep off the calves. You could hear Aunt ISTanny 
feeding the chickens, with her chick, chtch, CHICKEE, with 
a rising intonation of the voice on the last chickee, and then a 
cackle, and we knew one of the chickens for breakfast was 
about to meet its fate and have its neck wrung. No refrige^ 
rator in those days to keep tlie chickens on ice over-night. 

I can see "Ole Mis" now, with her basket of medicines on 
her arm, going from cabin to cabin, doctoring the sick babies 
and the old negToes. Frequently all night long she lingered 
at the bedside of isome dying negro, praying with him and 
when life had ceased, would close the staring glassy eyes. 
None in the "Big House" knew of this nightly vigil save "Ole 
Marster." ^ 

I can hear the musical ring of the bunch of keys fastened to 
her side, or in her key basket, as she walked along, for, while 
Uncle Eben kept the crib key, and Aunt Lishy the dairy key, 
and Aunt Nanny the smokehouse key, "Ole Mis" always kept 
the pantry key. She gave out every meal herself, weighed the 
flour, sugar, butter, lard, and meal, measured the coffee, and 


she always skimmed the cream in the dairy and prepared the 
milk for the chums, and made the curds. 

There was such an unjust article to the South in the New 
York Times last year (1915). Edna Ferber, the authoress, 
is represented as isaying that "The kitchens of the Southern 
women were left to the device of a company of slaves who ran 
the house pretty much to suit themselves. The Southern 
women never knew what provisions there were in the kitchen 
or cellar or how much food went out each day to furnish feasts 
in the near-by cabins. They knew nothing of housekeeping." 

What absolute ignorance this showed of life in the Old 
South ! Fortunately a Southern girl who had statistics in 
hand was ready to answer Miss Ferber. She found in a trunk 
of papers and letters belonging to her gTeat-gTandmother, who 
lived on her plantation in Washington County, Georgia, facts 
to contradict this in a most certain way. She found the 
"Plantation Book of 1851," in which the daily routine of 
work by the mistress of the plantation wasi given. In this 
memorandum book was kept not only the household duties, 
but how many pounds of cotton had been picked by the 
women and children on the plantation — "Martha 806 lbs., 
Mary 1,243 lbs., and Eliza 920 lbs." etc., and the prize money 
allowed them for picking over a certain amount, and then 
"something to George who couldn't pick, but who helped with 
the baskets." 

Then followed the exact weight of the lard and the meat 
given to each family — "John and his family 62 lbs. of meat, 
Lewis, Patty and Martha 30 Ibsi." Then the amounts given 
to the decrepit negroes in the cabins. Finally the prescrip- 
tions left by the doctor for two of her negro patients. Then 
the death of a negro baby is recorded. The birth and death 
of the negroes were always recorded in the Family Bible at 
the Big House. 

'Now, when Miss Sarah Prince Thomas (Carol N^orth) sent 
her answer to the article in the New York Times, and asked 


that it be printed to contradict Miss Ferber's statements, it 
was returned, saying that they did not need it. Was this 
just ? 

From early childhood we of the South were taught all 
work was honorable, and every act, even sweeping a rooim, or 
picking up chips could be made as acceptable in God's sight 
as any service an archangel could perform. 

Each child had some special duty every day. The girl, as 
soon as she was able to hold a needle or know upon what 
finger to put the thimble, was made to hem the towels, the 
table napkins, the tablecloths, the servants' aprons, or to aid 
in drying the cut glass and silver, for "Ole Mis' always 
looked after this herself ; and the boys were given the care of 
some one animal to feed and care for, or some gates to lock and 
unlock, and no one else, not even the negTo each child owned, 
was allowed to do this work for them. 

It is true the aristocrat of the Old did not go into 
his blacksmith shop to shoe his horse nor his wife into the 
kitchen to cook, or to the wash tub to wash, but it was not 
because they were ashamed or scorned to do it, but because 
there was no need for them to do these things. 

History has greatly maligned the old aristocrat of the 
South. He was not "haughty," he was not "purse proud," 
and he did not consider himself "of finer clay" than any one 
else, as history has unjustly represented him. 

Aristocracy then was gauged by manners and morals, and 
not by the size of the bank account, as I fear is too much the 
case today. Far more time was spent in cultivating the graces 
and charms of life than in amassing fortunes. They realized 
that "Manners are of more importance than money and 
laws" — for manners give form and color to our lives. They 
felt, as Tennyson said, "Manners are the fruit of lofty natures 
and noble minds." 

It will take us a long time to undo the falsehoods of history 
about the civilization of the Old South. 

Who was the head of the plantation ? Why, "Ole Mis" ; 


every one on the plantation must obey "Ole Mis" ; and "Ole 
Marster" said so and he obeyed "Ole Mis" too. Her life was 
a long life of devotion — devotion to her God, devotion to her 
church — she was really the pillar of the church — devotion to 
her husband, to her children, to her kinfolks, to her neighbors 
and friends and to her servants. She could not be idle for she 
must ever be busy. 

"Ole Marster" could delegate many of his duties to the 
overseer, while he entertained his guests. He would rise 
early in the morning, eat his breakfast — and such a break- 
fast ! Broiled chicken, stuffed sausage, spareribs, broiled ham 
and eggs, egg bread, com muffins, hot rolls, beaten biscuits, 
batter cakes or waffles with melted butter, syrup or honey, and 
the half not told. I can taste those waffles now. My, how 
delicious they were ! Then, after smoking his Havana cigar, 
he would mount his saddle horse and ride over the plantation 
to see if the orders given the day before had been fully carried 
out. Then give the next day's orders, ride to a neighboring 
plantation and return in time for an early dinner. Dinner 
was always at midday on the old plantation. If it were sum- 
mer time, "Ole Marster" would lie down upon the wide 
veranda or in the spacious hall upon one of those old mahog- 
any sofas, covered with black horse hair, and a little darkey 
with a. turkey tail fan or a peacock feather brush standing at 
his head to fan him and keep off flies, while he took his noon- 
day nap. If it were winter, he would go into his library, and, 
before a large, open fireplace with whole logs of wood, he 
would discourse upon the topics of the day with visitors. 

There was no subject with which "Ole Marster" was not 
at home — w:hether politics, philosophy, religion, literature, 
poetry, or art. "Ole Marster's" sons for generationisi had been 
well educated and had a perfect familiarity with the classics 
— they could read Greek and Latin better than some of us 
can read English today. The best magainesi of the day were 
upon his library table, and the latest books upon his library 


There were no public schools in the South before the Re- 
construction period. The teachers on the plantations were 
tutors and governesses from the best colleges of the l^orth 
and South, and in the private schools in the towns and cities 
were men and women whose education was beyond question. 
It wasi somewhat different in the Old Field Schools. There 
the teacher sometimes knew little beyond readin' and 'ritin' 
and 'rithmetic, and was considered very learned if he carried 
his scholars beyond "the rule of three." 

"Ole Marster" was rarely as religious as "Ole Mis," and, 
if he wouldn't have family prayers, "Ole Mis" would, but 
"Ole Marster" always had a reverence for religion and made 
his negroes attend church regularly and raised his children 
with a reverence for Sunday and holy things'. 

"Ole Miss" often put on a grandmother's cap when only 
thirty-five — what will the young gTandmother of today say to 
that ? Girls married at an early age, for a home was ready — 
"They never came out, for they had never been in." 

How handsome "Ole Marster" was in his broadcloth suit 
and his silk beaver hat, his pump-soled boots, his high stock 
and collar, and his gold watch and chain \Yiih. fob. Bill Arp 
said the aristocrat was known by the way he toyed with the 
fob upon his chain. 

How quaint and beautiful "Ole Mis" was in her lace cap 
and satin bows ! T wish I had a black silk apron with pockets 
in it like my grandmother used to wear. What long, deep 
pockets there used to be in the skirts — sometimes pockets on 
both sides! 

The entertainments would last for weeks at neighboring 
plantations ten or twenty miles apart. The old family car- 
riage would come before the door, and the maids with the 
bandboxes and the valets with the horse-hair trunks, with 
brass nail heads, would strap them behind and cover them 
with a leather curtain ; then they would follow the young peo- 
ple in a spring wagon to the place of entertainment. I can 
see now just such a party — the old family carriage, high up 


on elliptical springs, the driver's seat above tlie top of the 
caiTiage, and the steps which unfolded down, and then 
folded up. 

The footman was there to let down the steps, the lovers 
were there to assist in mounting the stepsi, and Bill Arp said 
the true aristocrat was known not only by the size of her foot, 
but by the graceful way she could manage her crinoline in 
mounting the steps of the carriage or descending therefrom. 
The lovers would mount their horses and act as a body-g-uard 
to the appointed place. 

The girlsi were dressed in dainty lawns and muslins — for 
no girl before her marriage, or until she had passed the mar- 
riageable age, was allowed to wear velvet, silk, satin, or lace. 
On their heads were the daintiest straw bonnets, trimmled 
with pink roses — a bunch over each ear — and bows of pink 
ribbons to tie beneath the chin, and the dearest black net 
gloves and the daintiest black slippers, with low heels, or no 
heels at all. Their lovers would have thrown not only their 
cloaks, Sir Walter-like, but themselves in the mud rather than 
those dainty feet should be soiled by the mud. And it wasi 
considered dreadful if more than the tip of that slipper should 
show. What would our grandmothers have said to these 
short dresses of today ? 

Hunting parties, riding parties, fishing parties, boating 
parties, tournaments, charades, dances, and, all sorts of joys 
never dreamed of by the young people of today — ^no sitting 
out in the moonlight on the lawns, no hiding in dark corners 
of the verandas, no love-making after the old people had gone 
to bed, no automobile rides after dark, no dancing until day- 
light, and consequently runaway marriages were rarely heard 
of — and divorces were rarer. Wliile the young men were on 
their fox hunts, the young girls would be employed with their 
embroidery— exquisite work they did ! 

But, oh, the preparation for a wedding feast ! Weeks be- 
forehand the plans were laid. "Hunter's round" had to be 
packed in spices, fruit cake to be made, raisins seeded, citron 


sliced, almonds blanched, and later the cakes iced, pyramids 
of cakes graduating in octagon shape from very large at the 
bottom to small at top and capped with a figure of the bride 
with her wedding veil and the grooim' in black broadcloth that 
had been bonght from some confectionery shop. Little fence 
rails of icing around the different layers of cakes mounted one 
upon the other ; bunches of grapes made of icing and covered 
with gold or isilver leaf; roses made of white tarlatan and 
rimmed with icing. How we used to stand around — ^white 
children and black — and beg for the cones or the bowls that 
held the icing after the cakes were finished ! I can see, now, 
the little smeared faces — for the owners unliesitatingly licked 
the bowls. Then the blanc mange shaped in so many won- 
derful molds of pineapple, muskmelon, rabbits and roses. 
Then pig's feet jelly, so stiff, and cut into little squares just 
big enough for a mouthful — ^how delicious they were ! 

Then the day of the wedding! There was the making of 
the chicken salad' and the slicing of the beef tong-ue and ham 
and the roasting of turkeys and the icing of the little cakes, 
the making of the wafers that fairly melted in the mouth, 
and then the sweet wafers rolled over and oh! so crisp and 
delicious, and beaten biscviit by the bushel, the watermelon 
rind preserves cut into siuch equisite shapes, fish and bird and 
flower, and shaped with an artist's eye — the pride of the 
housekeeper, brought out to be seen if not to be eaten — -the 
mango pickles, peach pickles, brandy peaches, artichoke 
pickles, cucumber pickles, and cherry pickles ! Then the 
boiled custard and the syllabub — we had no ice cream in those 
days, for manufactured ice was unknown. Every member of 
the family present had to take home some of the wedding- 
cake, every young person must have some of the cake to 
dream on, and to nam.e the corners of the room. The wed- 
ding guests lingered on for days, and even weeks, after the 
wedding was over, and the feasting continued until the last 
guest was gone. 

Those happy days are no more — gone, never to return, and 


the civilization as our granmothers lived it, went with it. 
Happy are those whose anemorj holds these days in remem- 
brance! My heartfelt sympathy goes out to those who shall 
never know of them ! 

Veterans, didn't we have a good time when hog killing time 
came ! Weren't the pig tails and the crackling bread fine ? 
Don't we feel sorry for these young people who never ate a 
roasted pig tail, or never spent a Christmas on the old plan- 
tation ? 

Time was measured to Christmas, and three weeks before 
Christmas Day the wagons wo^uld go to the nearest city or 
town to lay in the Christmas supplies. Every negro man 
had to have a complete outfit, from hat to shoes ; every negro 
woman had to have the same from head handkerchief to 
shoes ; each negro child every article of clothing needed ; and 
warm shawls, and soft shoes, or some special gifts had to be 
bought for the old negroes too feeble to work. Then there 
were the barrels of apples, orangey, cocoanuts, boxes of 
almonds, Brazil nuts, English walnuts, hazelnuts, raisins, cit- 
ron and currants; then candies galore, kisses with adorable 
verses, sugar plums, lemon drops, gum drops, peppermint, 
cinnamon and lemon candy by the quantity, and last but not 
least, some mysterious packages that were stowed in mother's 
large wardrobe, which mammy told us with a grave shake of 
the head were "Laroes catch Tnedlaes," and for fear they 
might be animals that would bite us, we religiously let them 
alone, and forgot to ask about them when Christmas was over. 

How happy all were, white and black, as the cry of 
"Christmas Gif ' " rang from one end to the other of the plan- 
tation, beginning early in the morning at the Big House and 
reaching every negro cabin — Christmas can never be the same 

As in a family life when a child is disobedient and must be 
punished, so in plantation life a disobedient or unruly negro 
had to be whipped or punished. It was natural that he should 
prefer to run away to escape a punishment he justly deserved 


and knew lie would surely receive, especially tempted to run 
into a free State when incentives were offered to him to come 
and he transported by some underground way and hidden 
from the owner. It was perfectly natural also for him to give 
the most exaggerated reports of his treatment to willing listen- 
ers, who really set a premium upon these exaggerations. 

"Aunt Cinthy," living in Florida where ISTorthern tourists 
so often go for the winter, understood this. M^hen reproached 
for saying what was absolutely false about the condition of the 
negro under slavery, she said : "Honey, I am jest obleeged to 
zaggerate a leetle about these things to edify the ISTorthern 
tourists — they wouldn't give me any money if I didn't." 

The unnatural thing to the Southern planter was how edu- 
cated and intelligent men and women of the North could 
believe he would willingly injure his salable property by 
hitching him to a plow, or allowing him to be cruelly beaten. 
To him there was no difference between hiding his' negro 
worth $1,200, or more, and hiding his pocketbook which con- 
tained the same amount of money. This interference with 
his personal property was stealing, no matter how viewed, 
and it irritated him beyond measure. He knew perfectly 
well, should he retaliate by taking the horses of the abolition- 
ists from their stables, or cows from their bams, or cattle 
from their fields, or furniture from their homes, or bank notes 
from t-heir pockets, it would quickly have been a question of 
law and imprisonment. It has been estimated that 75,000 
negroes were thus hidden from their owners before 1860. 

These fanatics took out "Personal Liberty Bills" contrary 
to the Constitution, to protect them, on the plea that there was 
a Higher Power than the Constitution. Indeed, in their 
fanaticism, they publicly burned the Constitution, and even 
said if the Bible stood for slavery, better bum the Bible, too. 

IsTow, there is no doubt that this was one of the many inter- 
ferences with Southern rights which forced Southern men to 
advocate secession in order to secure the rights guaranteed to 
them by the Constitution. Many think because thisi inter- 
ference with the runaway slaves was one of the occasions of 


war that the war was fought to hold the slaves. Never was 
there a greater mistake. Out of the 600,000 men in the Con- 
federate army 400,000 never owned slaves. What were those 
men fighting for? There were 315,000 slave-holders in the 
ISTorthern army. Did they wish their slaves freed ? General 
Lee freed his slaves before the war began. General Grant 
did not free his until the Thirteenth Amendment passed, for 
Missouri's slaves were not intended to be freed by the Eman- 
cipation Proclamation. 

Southern men always believed in State Sovereignty, and 
Southern men always have stood by the Constitution. Fair- 
minded ISTorthern men saw this and said the South had by 
the Constitution the right to secede and contended that the 
Abolition Party was only a minority party in the ISTorth. 
George Lunt, of Boston, said, "The majority of the men in the 
J^orth felt outraged at the actions of the Republican party at 
the time in interfering with the rights of the Southern 

Had the South prevailed, the Union would have been pre- 
served and that too by the Constitution. Our negroes would 
have long ago been freed by gradual emancipation, as South- 
em slave-holders had already done, were desirous of doing 
still, and, had no interference come from the abolitionists, 
there would be now no race problems to adjust. 

ISTeither would there have been any need to change the Con- 
stitution except to legislate more istrongly to enforce the laws 
against the slave trade as it was being still carried on by 
IlTorthern States contrary to law, and the right to free their 
own slaves, as was claimed by the slaveholders of the Southern 
States. State Sovereignty would still remain, while the in- 
expediency of secession would have been proven by war. We 
would have, today, not only a gTander and more glorious 
Union with no danger threatening us from a centralized gov- 
ernment, but we would have a true democracy with States 
Rights stressed, as President Wilson advocates', a government 
formed of the people, hy the people and for the people — 
knowing no l^orth, no South, no East, no West. 



What Made the Civilization of the Old South ? 

It was, undoubtedly, tlie institution of slavery. 

Wky then did not the institution of slavery aS' it existed in 
Egypt, in Greece, in Rome, in Russia, in France, in the Brit- 
ish Colonies, in 'New England, and other ISTorthem States, 
produce the same civilization ? That it did not, history has 
proven. There must have been another reason, then, than the 
mere institution itself. 

The difference evidently wasi in the slave-holders of the 
South — men of that old Cavalier stock having the fear of God 
which gave them minds tuned to justice, and hearts trained 
to love, and pocketbooks opened to the needs of humanity, and 
I think the open pocketbooks had much to do with it. These 
men of the Old South lived with open-handed hospitality. 
One rarely heard of slaveholders in the South amassing great 
wealth like Stephen Girard of Philadelphia, or Peter Faneuil 
of Boston, Mass. The Southern slaveholders did not drive 
close bargains, but were generous in all their dealings, be- 
lieving in the doctrine of ^'live and let live." Many slave- 
holders lived far beyond their means, and the surrender 
found them greatly in debt on account of liberality to their 

From Jamestown and Plymouth Rock flowed two mighty 
streams of influence — dissimilar and, fox more than a hun- 
dred years, entirely separate — two types of men with distinct 
ideals of life. One loved England and the established church, 
and came simply to investigate the ISTew World and its possi- 
bilities, and fully intended to return to England some day, 
and had no desire to withdraw from the mother church. 

The other had no love for England and had a grievance 
against the established church, deliberately planned to make 
a new home in this country, and never desired or intended to 
return to the mother land or mother church. 

The backbone of the Virginia stream, or the Jamestown 


Colony, was composed of men from leading families' in Eng- 
land, gentlemen of the best English society, the landed gentry 
born to wealth and very loyal to their king. They were of the 
Cavalier stock. ]\Iany had lost their fortunes by high living, 
no doubt, and desired to come to this new world, expecting to 
find it a veritable Eldorado. When they decided to remain 
they patterned their social institutions after England, where 
they had been accustomed to large landed estates with tenants 
or servants. Coming with this old patriarchal idea of life, 
they became an agricultural people, making a diffusive civi- 
lization, settling on burgesses or plantations, having their 
indentured servants and living as in their old home. 

j^ot so with the ISTew England stream or Plymouth Rock 
Colony. They, too, were Englishmen, but did not come from 
the landed gentry, but from Puritan stock. They had a gTiev- 
ance with England in regard to an interference with their 
liberty to worship God as they pleased. They did not love 
the king or the landed gentry, so they began to lay the founda- 
tions of new social institutions and to set up new altars of 
justice and religion, and thus really became autocrats in the 
administration of the law. 

The Jamestown Colony coming from English blood born 
to rule, their very instincts of life tended to develop political 
leaders and statesmen. 

Their life on the plantations under the institution of 
slavery in controlling their slaves, fitted them to control them- 
selves and others, so we find for fifty out of seventy years of 
the early government of our Republic, Southern men filled the 
Presidential chair. Every man from the South was reelected 
for a second term, and two offered a third term, while not a 
President from other sections during this period ever held a 
second term. Thus was the ability of Southern men to con- 
trol the affairs of State acknowledged by the people of the 

The Plymouth Rock Colony, settling in tovms and cities, 
made a cohesive civilization and developed traders, manufac- 


turers, and men fitted for commercial control of the country. 
Tlieir nearnesisi to each, other in the cities and towns also de- 
veloped literary instincts, and there the leading men of letters 
were found during those early days of the Republic. A lit- 
erary atmosphere was created by close contact and Massachu- 
setts particularly produced many poets and philosophers, and 
the finest essay writers of that day came from JSTew England. 

These people were a methodical, painstaking people, exact 
in all business calculations, in all State regulations. They 
instigated research, and undertook historical investigations 
and so we find not only the statistics regarding their affairs 
accurately kept, but everything pertaining to their history 

The Jamestown Colony did not write their history or accu- 
rately keep their statistics — whence we are suffering for this 
today, because our istatistics have been prepared by those who 
did not know them as we did not know them ourselves, and 
we are often forced to go to the British Museum and other 
archives in England to find some of the history of those early 

While the men of the South were eminently literary, they 
could not as in New England create a literary atmosphere, for 
they lived miles apart and rarely had any opportunity to meet 
in groups to discuss literary topics. They had the ability to 
write books, and they wrote much for local papers, but there 
was no need to print books for the money that would come to 
them from the printing. 

The South produced great orators, and great political 
statesmen whose writings have come down in the political his- 
tory of our country, excelled by no other section. 

The Jamestown Colony thought little of the value of statis- 
tics. They were big-hearted, open-handed, free livers, given 
to hospitality, and as was said before, often lived far beyond 
their means. The care of their slaves was always a very heavy 
expense. The institution of slavery brought on an immunity 
from drudgery and gave leisure for the cultivation of the 
mind and manners. It made gentlemen and gentlewomen. 


There was little attempt at grandeur or display — a beautiful 
simplicity was the charm of the life of the Old South. There 
was no need to study ethics, it was inborn in white and black. 
While there were diiferent degrees of wealth — one man own- 
ing more slaves than another, or men of business affairs in 
the towns and citiesi owning few or no slaves, yet there was 
little difference in social standing — the line being drawn on 
education, manners and morals more than on the family tree 
and the pocketbook. Intellectual advantages and manners 
were to them of paramount importance. Character always 
counted for more than blood or money. And sneer as one may 
at the chivalry of the Old South, it was that which sweetened 
Southern life. Southern men were not only the champions of 
the women of their households', but the protectors of all 

ISTow, while the Plymouth Eock Colony also produced gen- 
tlemen and gentlewomen, they were of a different type. While 
at heart they may have been just as true they lacked the social 
graces, and charming manners that the civilization of the Old 
South produced. 

This difference came out very strikingly when Thomas Jef- 
ferson and John Adams were at the same time representatives 
from the United States Government in France. They had 
with them their daughters, Martha Jefferson and Abigail 
Adams — ^both well educated young women. Queen Marie 
Antoinette said that Martha Jefferson had the most exquis- 
itely gracious manners she had ever seen in any young girl, 
and could be at home in any royal court ; while the prim man- 
ners of Abigail Adams, the little I^ew England maid, op- 
pressed her. 

The Jamestown settlers and their descendants, while not 
Puritanical in their religion, were religious. While Jonathan 
Edwards was preaching "Hell Torments" from a ISTew Eng- 
land pulpit, the churchmen in Virginia were preaching "The 
love of God to sinful, dying men." 

Read that tablet on Old Cape Henry Lighthouse commem- 


orating the planting of the Cross by THIRTY members of 
that Jamestown Colony, April 26, 1607. 

Read Richard Crashaw's Prayer, that was used in the daily 
service at Jamestown, in which is found : ''Arm us again-t 
difficulties, and strengthen us against base thoughts and 
temptations. Give us faith, wisdom and constancy in thy 

Read how the Rev. Robert Hunt held daily services under 
the stretched sails of one of those first three vessels, that 
brought over this first permanent English Colony. 

Go to Jamestown Island today and see the remains of that 
old church built there. Read the history of that church and 
see in Virginia churches today the remains of the communion 
service used there. 

Read of that first Fast Day, and that first Thanksgiving 
Day before even the Pilgrim Fathers had left England. 

Read of the missionary work of Alexander Whitaker, the 
first Protestant missionary to American Indians. 

Yes, they were religious-, but they believed in a religion of 
joy and happiness and never believed in a religion that carried 
a long and sanctimonious face. 

The Plymouth Rock Colony were Puritans in word and 
deed. They recogTiized no church, no creed, no king by divine 
right. They said they were only responsible to God and to 
their own consciences. Life with them was simply a prepara- 
tion for death, but their liberty became intolerance, and hav- 
ing been persecuted they also began to persecute. They 
allowed no Christmas festivities, no May Day joys, and their 
children were actually punished for being merry. A man 
iwas even forbidden to kiss his wife on Siuiday. ]^athaniel 
Ha-\\"thome once said, "Let us thank God for such ancestors, 
but let us also thank Him that each generation brings us one 
step farther on in the march of ages." 

The Cavaliers and their descendants and the men who 
settled the Southern colonies, into whose blood came that of 
the Irish, the Scotch, the Welsh, the French Huguenots, 


m;ade up a people who have no superiors in the world — and 
today, after all these years, the purest Anglo Saxon blood out 
of rural England is to be found in the Southern States, and 
Englishmen have testified that the purest English is spoken 
not in ISTew England, but in the Southern States. 

The Puritans and their descendants and the other colonies 
that settled the ISTorth, into whose blood came the Dutch, the 
Swedes, the Danes, the Quakers, made a sturdy race, whose 
strength of character and business qualifications have always 
made them prominent as men of large affairs in the business 
world, and has given them great prominence in religious 
activities and ability in financing large undertakings. While 
it is written that Robert Morris, of Pennsylvania, financed 
the Revolution, we must not forget that Thomas ISTelson, of 
Virginia, borrowed on his own credit, $2,000,000 for the 
Continental Congress and this money was never returned to 

By the way, it was the American Revolution that brought 
the Cavalier and Puritan with their descendants close together 
to form one deep, swift current of national life, and the dif- 
ference in Puritan and Cavalier blood was forgotten in the 
one mighty united effort to gain American independence. 
"When Massachusetts suffered, every Southern colony suffered 
with her and quickly came to aid her. George Mason, of Vir- 
ginia, wrote to his children to go in deep mourning when the 
services were held to pray for the relief of Massachusetts. 
When the Boston Port Bill passed, every one of the Southern 
colonies responded with aid to Massachusetts, 

At the time of the Revolution, every colony was a slave 
holding colony. There really was no question of abolition of 
slavery and no igectional feeling until the time of the Missouri 
Compromise in 1820, which drew attention to the political 
power of the slave holding states. 

Who was most responsible for the bringing over of African 
slaves — the l^orth or the South ? How glad I am to right a 
wrong against Massachusetts ! It was a Dutch vessel, in 


1619, sailing the Englisli flag, that sold to the Jamestown 
Colony the first twenty "NEGARS," as John Rolfe called 
them. This was one year before the Mayflower set sail from 
England, so Massachusetts can not be blamed for that. That 
they were sold and not indentured is proven beyond doubt 
from authorities incontrovertible^ — such authority as George 
Bancroft (Vol. 1, p. 125), America's greatest historian; and 
Lyon Gardiner Tyler, Virginia's authority on Colonial his- 

The strongest testimony is a paper in the possession of the 
descendants of Governor Yeardley, who was one of the James- 
town Colony to buy these Africans. He says they were 
bought in a spirit of humanity, with no thought of later com- 
mercial value. These creatures were suffering horribly on 
that slave ship and the Jamestown settlers felt they must be 
relieved, so bought them, and then tried to civilize them by 
putting them to work. 

If African slavery was a sin, the Spaniards and English 
were the sinners. It is true the slave trade in the United 
States was begTin by Massachusetts, and in the main carried 
on by her, not as a private enterprise, but by the authority of 
the Plymouth Eock Colony (Colonial Entry Book, Vol. IV, 
p. 724). 

Slavery was abolished in the l^orthem Colonies from no 
conscientious scruples, but simply because the slave labor was 
unprofitable (Fiske's Critical Period of American History, 
p. Y3). 

Southern planters never, if it could be avoided, allowed 
their slaves to be sold at public outcry. It only happened 
when a man died without a will — then members of the family 
tried to buy the slaves in by familiesi. 

The South has suffered greatly from misrepresentations in 
regard to the institution of slavery. History has grossly 
maligned, not only the institution, but the slaveholder. 
Cruelty as practiced in East Indies, the Barbadoes and else- 
where have been repeated and located in the South. One 


traveler declared lie saw in his travels a negro in a cage 
exposed to wild birds and his eyes literally pecked out — and 
encyclopedias and historians have located it in South Caro- 
lina. In the first place there are no wild birds in South 
Carolina to have done the pecking, and in the second place 
no Southern slaveholder would have stood for this for a 

The slaveholder has been accused of cruelty in separating 
mother and child on the slave block. The selling of slaves in 
the South did not separate mother and child as often or with 
such cruelty as did the slave traffic in Africa — as did the 
hiding of the fugitive slaves from their owners — as did the 
"Exodus Order" in jReconstruction days. Southern States 
had very rigid laws along this line. In Louisiana, if a slave- 
holder separated mother and child, he must pay $1,000 and 
give up six of his slaves. Other states also had binding laws. 
We find, in the Massachusetts Continental Journal, March 1, 
1778, an advertisement of a slave mother to be sold "with or 
without her six months' old child." 

The Southern planter has been accused of cruelty to his 
slaves — no cruelty on the part of any overseer can compare 
to that of the middle passage on the slave ships, where, on 
that long voyage, they were huddled as standing cattle and 
suft'ered from hunger and thirst so that they died by the 
hundreds. Let it be remembered that no Southern man ever 
owned a slave ship. !N^o Southern man ever commanded a 
slave ship. ]^o Southern man ever went to Africa for slaves. 

General Lee said, "There was no doubt that the blacks were 
immeasurably better off here than they were in Africa — 
morally, physically, and socially." He thought the freeing of 
them should be left in God's hands and not be settled by 
tempestuous controversy. 

The South has been vilified for not educating the negro in 
the days of slavery. The South was giving to the negro the 
best possible education — ^that education that fitted him for 
the workshop, the field, the church, the kitchen, the nursery, 


the Lome. This was an education that taught the negro self- 
control, obedience, and perseverance — jea, taught him to 
realize hisi weaknesses and how to grow stronger for the battle 
of life. The institution of slavery as it was in the South, 
so far from degrading the negro, was fast elevating himi above 
his nature and his race. 

We dared not teach the negi'oes on the plantation to read 
lest men of the John Brown type would urge them to rise, 
burn and kill our men, women and children on the plantation. 
jSTat Turner, a free negro, did learn to read and was respon- 
sible for that insurrection in 1836 that resulted in the mur- 
der of sixty whites. 

JSTo higher compliment was ever paid the institution of 
slavery than that by the ISTorth, which was willing to make 
the negro its social and political equal after two hundred 
years of civilization under Southern Christianizing influ- 
ence. JSTever has been recorded in history such rapid civili- 
zation from savagery to Christian citizenship. 

Charles E. Stowe said, ''There must have been something 
in the institution of slavery of value to have produced such a 
beautiful Christian character as Uncle Tom." in his mother's 

The black man ought to thank the institution of slavery — 
the easiest road that any slave people have ever passed from 
savagery to civilization with the kindest and most humane 
masters. Hundreds of thousands of the slave-s in 1865 were 
professing Christians and many were partaking of the com- 
munion in the church of their masters. 

All that the South wishes is justice. This she has never 
had. In all of her history she has never been an invader but 
a defender of rights. 

The War between the States taught us of the South our 
unpreparedness. The war in Europe is teaching our whole 
nation our unpreparedness. Thank God for President Wil- 
son — a man of peace and a man of vision ! The Eevolution- 
ary War brought Cavalier and Puritan together in a connnon 


love of countrj, so we, today, JSTortli, South, East, and West 
are being brought more closely together than ever before as 
trae Americans under one flag and loyal to a Democratic 
Government with State Sovereig-nty stressed. We must be 
ready, after thisi war ends, to lend a helping hand to all 
nations needing help — for no blessing will come to us if we 
allow selfishness to engiilf us. 

Remember that this civilization that has replaced the old 
civilization rests with you and me whether it shall be a better 
civilization or not. Upon the individual man and woman in 
this country rests a fearful responsibility. Shall our influ- 
ence' — unconscious influence — which is the strongest — be for 
the upbuilding or the pulling down of this great ISTation which 
God has entrusted into our keeping ? God grant that we shall 
one and all stand ever on the side of RIGHT. 


Colonel Hardy Murfree, of the North Carolina 
Continental Line* 

By Colonel W. L. Mtjrfbee. 

Hardy Murfree was bom in Hertford County, ^Nortli 
Carolina, on the 5tli of June, 1752. At the early age of 
twenty-three he was appointed Captain of the Second Regi- 
ment of the Continental line of North Carolina by the Pro- 
vincial Congress, which met at Halifax, August 21, 1775. 
The earliest action of this body was to pledge the cooperation 
of !North Carolina with the other colonies in raising a Conti- 
nental army for the common defense of the country. In ful- 
fillment of this pledge, after directing the formation of a 
force of "Minute-men," designed for local operations, it 
proceeded to organize two regiments, which became a portion 
of the Continental army, and which served throughout the 
Revolutionary war. 

Hardy Murfree's father, William Murfree, was a man of 
prominence in the community in which he lived, and was a 
member from Hertford County in the North Carolina Con- 
gress, or Convention, as it would be called in the language of 
the present day, which convened at Halifax, in the following 
year on the 12th of ISTovember, 1776. The duty of this body, 
as described in the call issued for its formation by the Com- 
mittee of Safety, was "not only to make laws, but also to form 
a constitution which was to be the foundation of all law ; and 
as it was well or ill ordered, would tend to the happiness or 
misery of the State." — (Wlieeler's History of North Caro- 
lina, pp. 84, 85, 86.) 

That the constitution framed by this body was "well or- 
dered," is very manifest from the fact that it proved so 

♦This Biographical Sketch of Colonel Hardy Murfree was delivered before 
the Tennessee Historical Society, at Murfreesboro. Tennessee, December 8, 
1885, when Major D. D. Maney, "on behalf of all the descendants of Hardy 
Murfree and himself," presented to that historic organization the sword of 
this distinguished officer of the North Carolina Continental Line, which was 
accepted by Judge John M. Lea. Colonel W. L. Murfree lived in St. Louis, 


satisfactorj to the people of North Carolina that, without 
amendment, it continued to be the organic law of the State 
from 1776 to 1835, a period of 59 years. 

The two regiments contributed by North Carolina to the 
general defense, passed, as soon as they were organized, under 
the control of the Continental Congress, and acted chiefly in 
the main body of the army, under the command of Washing- 

In the daring assault which resulted in the capture of 
Stony Point, there was selected from the North Carolina 
troops a battalion of picked men, and Hardy Murfree, who 
was then a Major, was placed in command. At the time 
there had been organized a corps of light infantry, composed 
of a battalion of picked men taken from each of the following 
States : North Carolina, Virginia, Delaware, Maryland, 
Pennsylvania, Connecticut, and Massachusetts ; each battal- 
ion being under the command of a field officer. As already 
stated, Hardy Murfree was selected to command the North 
Carolina battalion. General Anthony Wayne was placed in 
command of the whole body, and to this corps of choice troops 
was committed the daring enterprise of storming Stony Point. 
Major Murfree, with his command, took his position according 
to his orders in front of the enemy's lines. He opened a 
rapid and continuous fire, for the purpose of drawing the 
attention of the garrison to his command, while the storming 
columns moved steadily and silently on his right and left to 
the attack on the fort. The result is matter of familiar his- 

In the next year it appears that Major Murfree and his 
command had been transferred to the South. In his note 
book, which is now in the possession of a member of the fam- 
ily, there is an order by General Jethro Sumner, dated War- 
ren County, June, 1780, addressed to Major Hardy Murfree, 
and also a copy of a letter from General Sumner, dated Hills- 
boro. May 18, 1781, addressed to "Col. Lamb or Maj. Mur- 
free," relating to the movement of troops. 


It may here be remarked that, in addition to the historical 
and documentary data, there are many interesting traditions 
concerning Hardy Miirfree and his comrades, during the time 
of his service in the Continental army. It is said that in the 
battle of Germantown, October 4, 1777, he assisted in bearing 
from the field General Francis JSTash,* who was mortally 
wounded. Colonel Murfree's sash was used upon this occa- 
sion to support the wounded General, and still bears the stains 
of his blood. 

There are persons now living who were told by those who 
knew him well, his brother-in-law and son-in-law, that before 
the war closed Major Murfree was promoted to the rank of 
Colonel. He has always been accorded that title. 

Colonel Murfree was married on the 17th of February, 
1780, to Miss Sally Brickell, daughter of Matthias Brickell 
and his wife, Rachel ISToailles Brickell. Mr. Brickell was a 
member of the Provincial CongTess of ISTorth Carolina in 

After the close of the war Colonel Murfree devoted himself 
to his private affairs. Elkanah Watson, in his book of travels 
in the South, published soon after the war, speaks of him as 
an "intrepid officer of the Revolution," whom he found busy 
with his plantation, on the banks of the Meherrin River, near 
the town of Murfreesboro, ISTorth Carolina. The town of 
Murfreesboro, Tennessee, was named in honor of him. 

Colonel Murfree's wife died on the 29th of March, 1802, 
and five years afterwards he migrated to Tennessee, where 
he owned large bodies of land. He settled on Murfree's Fork 
of West Harpeth, in Williamson County, and on the 6th of 
July, 1809, he died. Although he had so recently identified 
himself with the people of Tennessee he had made many 
friends, and his funeral was attended by a large concourse of 
people. He was interred with Masonic honors, and an oration 
was delivered upon the occasion by Felix Grundy. 

The following account of his funeral is taken from the 

♦The Gen. Francis Nash, who fell at the battle of Germantown in 1777, was 
the man in whose honor Nashville was named. 


Detnocratic Clarion, publislied by Thomas G. Bradford, in 
Nashville, Tenn., July 21, 1809. This old newspaper is now 
in the possession of Mrs. Mary M. Hardeman, a granddaugh- 
ter of Colonel Murf ree : 

On Sunday, the 9tli instant, agreeable to notice, tbe Masonic fu- 
neral of Col. Hardy Murfree was celebrated. At 9 o'clock tbe proces- 
sion formed in Franklin, in tbe following order : 

Masonic Lodges, preceded by Tilers with drawn swords. 

Philanthropic Lodge, Col. Edward Hard, Master, followed by tbe 

Past Masters. 

Franklin Lodge, Col. N. Patterson, Master. Members. 

Nashville Corps of Volunteer Cavalry, Capt. Heussar. 

On the procession arriving at the gate of the garden the Philan- 
thropic Lodge stopped, and the Franklin Lodge advanced first to 
the grave. At the conclusion of the Masonic funeral rites the sub- 
joined oration was delivered by Felix Grundy, Esq., after which the 
military advanced and fired three volleys over the grave. 

The surrounding hills were covered with vast numbers of people, 
and the awful silence which pervaded such an immense crowd 
evinced the feelings of the spectators for the memory and virtues 
of the deceased. Col. Murfree was said to be nearly the last survivor 
who commanded a regiment during the Revolutionary war. The 
heroes and sages of that day are rapidly passing ofC the stage of life, 
but a few years more and nothing will remain but the remembrance 
of the virtues of the gallant patriots who established the freedom 
and independence of their country. 

The following are extracts from the oration delivered upon 
the occasion by Judge Felix Grundy : 

". . . Masons have lost a brother, soldiers have lost a hero, 
the world has lost a citizen and a man worthy to be remembered — 
ye military men, he was also your brother in arms. When the voice 
of an injured country called him to her relief, he paused not, he left 
his peaceful habitation, he marched to the tented field — he felt the 
injustice and indignity that were offered to his country — while 
timid, irresolute minds were considering whether submission or 
resistance to the unjust demands of the old government should be 
preferred, in his mind there was no conflict, he saw there was but 
one course honorable for his country, that he adopted and pursued it 
— although the prospect was gloomy and unpromising he did not 
hesitate — he staked his property and life on the event of the doubt- 
ful contest. When in the field he was no idle spectator of the events 
— the plains of Monmouth bear testimony to his valor and intrepidity. 
In the attack on Stony Point he held a distinguished and dangerous 


command. On both occasions and many others he taught bravery 
to his soldiers by example ; he never shunned danger, his gallant soul 
was a stranger to fear. You, ye aged men, who also partook in the 
dangers and difBculties of our country, know that although he was 
the greatest advocate for discipline, he had the talent of enforcing 
it rather by persuasion and example than coercion — those under his 
command considered his displeasure as the greatest punishment that 
could be inflicted on them — military men, remember his name and 
imitate his virtvies. 

"Let all present revere his memory, who, with his compatriots, 
brought liberty and independence to our country. We are now 
floating on the surface of a smooth sea, they buffeted the storm ; we 
now enjoy the cool and refreshing breezes of peace; the scorching 
heat of the summer sun and the battle's danger was theirs. . . . 

"Enough of our brother's character has been portrayed in the 
rough field of peril and danger ; let us trace him in the private walks 
of life, where peaceful virtue, with her associates, delight to dwell. 
His presence, which was a terror to the enemies of his country, to 
his family and friends was a refreshing shower. The implements 
of war being laid aside, he was the affectionate husband and the 
tender father. He has left no consort behind him to mourn his 
death — his children are with us. Often will they revisit this spot, 
they will view it' as holy ground, consecrated by the remains of 
their father. 

"Of the benevolence of our deceased friend all who knew him can 
speak ! With a liberal but unostentatious hand, he relieved the 
wants of the distressed. With those feelings which masonry in- 
spires, he fed the hungry, clothed the naked, and dried up the tear 
upon the widow's cheek." 

Colonel Murfree left two sons and five daughters, all of 
whom were married. ITone of them are now living; the 
second generation has passed away, but the third and fourth 
are numerous. A large proportion of his descendants are 
residents of Tennessee, a few of Mississippi, some live in 
Kentucky, and some in Missouri, 

Colonel Murfree's letters and memoranda show that he was 
a finely educated man, and of great native intelligence. He 
was of a generous and enthusiastic temperament, and was en- 
dowed with many noble traits of character. He was in every 
respect an honorable and upright m;an, a gallant officer, 
greatly beloved in private life, and most exemplary in his 
domestic relations. His private character is one which adds 
lustre to his public services. 

In Memoriam 

Entered into the eternal joy of her Lord on January 10, 
1918, Mary Armistead Moore Matthew, the beloved wife 
of Patrick Matthew, formerly of Scotland, now of Edenton, 
ISTorth Carolina, daughter of the late Mrs. Susan Augustus 
Moore Righton, and niece of Miss M. E. Moore, of Edenton. 

Descended from a long line of brilliant and distinguished 
ancestors, the noblest qualities of her antecedents culminated 
and found expression in her rare and charming personality. 
She used the gifts with which she was so richly endowed for 
the glory of God and the good of her fellow-man. 

Her mind was as keen as a rapier, but possessed a depth a 
statesman might envy. She was a leader in all the educa- 
tional, charitable, civic and church activities and an inspira- 
tion to the community in which she went about doing good. 

She was a faithful, devoted member of St. Paul's Episco- 
pal church, and filled with honor and efficiency the offices of 
president of the Bell Battery Chapter, United Daughters of 
the Confederacy, and regent of Penelope Barker Chapter, 
Daughters of the Revolution, and was a member of the IN'orth 
Carolina Society of Colonial Dames. 

The historical tablets erected in Edenton are a memorial 
to her, and mark her interest and love for her native town. 

With sincere grief we join the procession of the sorrowing 
in the loss of one who was dear to uis. Her memory will be 
cherished in the hearts of all that knew her, for her broad 
sympathy and tender, loving nature responded readily to the 
joys and sorrows of others, and she made life a sweeter, fairer 
thing for all with whom she came in contact. 

Duncan Cameeon Winston Wales. 

Resolutions of Respect to Mrs. Patrick Matthew. 

Realizing the Society of the Daughters of the Revolution 
has sustained an irreparable loss in the death of our beloved 
member, Mrs. Patrick Matthew, for ten years Regent of the 


Penelope Barker Chapter, the following resolutions have been 
adopted : 

1. Since it has pleased Grod in His wisdom to call to higher 
service our friend and useful member, Mrs. Matthew, with a 
deep sense of our loss, we wish to express to her husband, 
Mr. Patrick Matthew, and her aunt, Miss Mary E. Moore, 
our tender and sincere sympathy. 

2. That we mourn the loss of a brilliant and stimulating 
presence among us. May we press forward with renewed 
energy in the work she loved so well. The memorials she was 
instrumental in erecting in and around Edenton, are of 
great value to the State and to coming generations. Edenton, 
so rich in historical association and great deeds, was to her a 
trust, to revive and keep in the hearts of the living, and well 
did she fill her trust. 

3. That she was faithful in all the relations of life, and 
the State has lost one of the most active and patriotic women. 

4. That while her vacant place fills our hearts with sad- 
ness, we humbly submit to the will of God. 

5. A copy of these resolutions be sent to her family and 
that they be entered into the minutes of the Society of the 
Daughters of the Revolution and the Edenton papers please 
copy. Respectfully, 

Mes. Maeshall Williams, 

State Eegent. 
Miss Geoegie Hicks, 

Miss Winifeed Faisoa', 

Corresponding Secretary. 
Mes. Geo. P. Pell, 

Recording Secretary. 
Mes. Chas. Lee Smith, 

Maey Hilliaed Hinton, 
Mes. Paul Hinton Lee, 

Vice Begents. 


Biographical Sketch 

By Mes. E. E. Moffitt. 


Miss Eiitherford contributes an article on the "Civiliza- 
tion of the Old South" in this issue of The Booklet, and 
which we hope will be reproduced in widely circulated 

Miss Eutherford was born at Athens, Gla., July 16, 1851. 
She is a daughter of William and Laura Battaille (Cobb) 
Eutherford, of Athens, ISTorth Carolina is one of her an- 
cestral states. Her ancestors, the Lewises and Cobbs, lived 
in Granville County ; she descends from the Lewises of War- 
ner Hall and many of the distinguished families of the Old 
Dominion. Her great gTandfathers, Col. John Eutherford 
and Major Francis Boykin, were with Gen. Nathaniel Greene 
in the American Eevolution. 

Miss Eutherford was educated at the Lucy Cobb Institute 
of Athens and subsequently its president for seventeen years. 
Again in 1917 she is president of Lucy Cobb. She is an 
inveterate reader and is trying hard to right the wrongs of 
history. Her studies cover every phase of literature and 
language and from her many activities is known nationally 
as educator, author, and historian. She is an educator of 
ability, as attested by her long service as president of that 
great Georgia institution. The Lucy Cobb. As an author her 
work includes many books and addresses. One of notable 
importance, "The Thirteen Periods of United States Hisi- 
tory," much used in schools and well deserves to become a 
text-book in all the States of the Union. This compilation is 
authoritative, reliable, and without sectionalism. 

Miss Eutherford is State Historian of the Georgia Division 
of the L^nited Daughters of the Confederacy. She was His- 
torian General of the U. D. C, 1911-'12-'13-'14-'15-'16 and 
resigned from this office on account of the time-limit. 

Her life has been, and is, one of great mental activity, be- 


sides one of great responsibility, doing all with that energy 
and faithfulness characteristic of her forefathers. 

She is a compiler of Southern history; and of English au- 
thors, French authors, American authors, and "The South in 
History and Literature." In patriotic work she is a potent 
factor. She is a member of the Society of Daughters of the 
American Revolution, to which she gives invaluable service in 
recording events of that period dear to the hearts of patriotic 
descendants. She is a member of the ISTational Society of 
Colonial Dames of America in the State of Georgia, an organ- 
ization that has brought to light facts in history by delving 
into old letters, court records, family wills and deeds, which 
by neglect would have been destroyed. 

As a Daughter of the Confederacy and a long-time historian 
of that order, she has been assiduous in her researches, using 
every endeavor to see history made straight for the Southland. 
Her limited experience of that unfortunate period of our his- 
tory, together ^ith a great cloud of witnesses, she has un- 
raveled many a tangled web of misreckoning and has woven 
the true threads of history into a fabric for the benefit of the 
future historian — and in which the South will gTeatly rejoice. 

In this short sketch it is impossible to touch but lightly on 
the benefits bestowed by Miss Rutherford on her country. 
Her pleasing personality, added to her accomplishments of 
head and heart, have won for her an enviable place as a 
chronicler of history and a woman of high endeavor. 

An address on "Historical Sins of Omission and Com- 
mission," dealing with events from 1754 to the present time, 
which she made at the General Convention of the U. D, C.'s 
at San Francisco in 1915, stands out for itself as one of abid- 
ing interest and importance. This address covers thirty-six 
pages and is well worthy of being reproduced on vellima, 
bound in morocco and placed in every library in this l^ation. 

With unprejudiced eyes, a sane look at tilings as they were, 
readers of the N'orth, South, East, and West will put the 
stamp of justice on the brow of Miss Rutherford as an un- 
biased citizen and a champion of rights to all. 

Notice to Reader : — ^When you finish reading this magazine place a one cent 
stamp on this notice, hand same to any postal employee, and it will be placed in 
the bands of our soldiers or sailors at the front. No wrapping, no address. 


Vol. XVn APRIL, 1918 No. 4 

North Carolina Booklet 









The Origin of the Regulation in North Carolina 171 

By Archibald ELendeeson. 

The Ride of Captain Jack— 1775 187 

By Mary Groome McNinch. 

Inventory of John Rowan's Estate 189 

The Passing of the Dram Tree 204 

By Richard Dillabd, M.D. 


Entered at the Postoffice at Raleigh, N. C. July 15, 1905, under the Act of 
Congress of March 3, 1 879 

The North CaroUna Booklet 

Great Events in North Carolina History 

Volume XVIII of The Booklet will be issued quarterly by the 
North Carolina Society, Daughters of the Revolution, beginning July, 
1918. The Booklet will be published in July, October, January, and 
April. Price $1.00 per year, 35 cents for single copy. 

Editor : 
Miss Maey Hilliabd Hinton. 

blogeaphioal editor : 
Mrs. E. E. Moffitt. 


Isaac Shelby, Part II — Dr. Archibald Henderson. 

Other North Carolina Heroines : Margaret McBride, Mary Morgan, 
Elizabeth McCraw, Elizabeth Forbes, Margaret Caruthers, Ann Fer- 
gus, Eachel Denny — Mary Hilliard Hinton. 

The History of Agriculture in North Carolina — Major William A. 

North Carolina's Poetesses, Past and Present — ^Nina Holland Cov- 

Calvin Jones : Pliysician, Soldier and Freemason — Marshall De- 
Lancey Haywood. 

Reminiscences of Shocco and Jones Springs — Old-fashioned North 
Carolina Summer Resorts. 

History of Orange County, Part II — Frank Nash. 

Woman's War Work : 

(a) Woman's Contribution to the Patriot Cause. 

(b) Woman's Service in the War Between the States — Martha 

H. Haywood. 

History of the Supreme Court of North Carolina. 

General William R. Davie's Mission to France. 

Brief Historical Notes will appear from time to time in The 
Booklet, information that is worthy of preservation, but which if not 
preserved in a permanent form will be lost. 

Historical Book Reviews will be contributed by Mrs. Nina Holland 
Covington. These will be reviews of the latest historical works 
written by North Carolinians. 

The Genealogical Department will be continued with a page devoted 
to Genealogical Queries and Answers as an aid to genealogical 
research in the State. 

The North Carolina Society Colonial Dames of America will fur- 
nish copies of unpublished records for publication in The Booklet. 

Biographical Sketches will be continued under Mrs. E. E. Moffitt. 

Old Letters, heretofore unpublished, bearing on the Social Life of 
the different periods of North Carolina History, will appear here- 
after in The Booklet. 

This list of subjects may be changed, as circumstances sometimes 
prevent the writers from keeping their engagements. 

The histories of the separate counties will in the future be a 
special feature of The Booklet. When necessary, an entire issue 
will be devoted to a paper on one county. 

Parties who wish to renew their subscriptions to The Booklet 
for Vol. XVIII are requested to give notice at once. 

Many numbers of Volumes I to XVII for sale. 

For particulars address 

Miss Mary Hilliard Hinton, 

Editor NortJi Carolina Booklet, 
"Midway Plantation," Raleigh, N. C. 

Vol. XVn APRIL, 1918 No. 4 


North Carolina Booklet 

'Carolina I Carolina I Heaven' s blessings attend her I 
While zve live zve will cherish, protect and defend her' 

Published by 



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. 





Mes. Hubebt Haywood. 
Mes. E. E. Moffitt. 
Me. R. D. W. Connob. 
Db. D, H, Hill. 
De. William K. Boyd. 
Capt. S. a. Ashe. 
Miss Adelaide L. Feies. 

Miss Maetha Helen Haywood. 

De. Richaed Dillaed. 

De. Kemp P. Battle. 

Me. James Speunt. 

Mr. Marshall DeLancey Haywood. 

Chief Justice Walteb Claek. 

Majoe W. a. Geaham. 

De. Chaeles Lee Smith. 

editoe : 

Miss Maey Hilliaed Hinton. 

biogeaphical editoe : 

Mes. E. E. Moffitt. 



Mes. Marshall Williams, 
Regent, Faison. 

Mes. E. E. Moffitt, Honorary 
Regent, Richmond, Va. 

Mrs. Thomas K. Beuneb, 
Honorary Regent, Raleigh. 

Miss Mary Hilliaj^d Hinton, 
1st Vice-Regent, Raleigh. 

Mes. Paul H. Lee, 2d Vice- 
Regent, Raleigh. 

Mrs. George P. Pell, Recording 
Secretary, Raleigh. 

Miss Winifred Faison, Corre- 
sponding Secretary, Faison. 

Miss Georgia Hicks, Historian, 

Mrs. Charles Lee Smith, 

Treasurer, Raleigh. 
Mrs. George Ramsey, Registrar, 

Mrs. John E. Ray, Custodian of 

Relics, Raleigh. 
Mrs. Laurence Covington, 

Executive Secretary, Raleigh. 
Mes Charles Wales, 

Genealogist, Edenton. 
Miss Catherine Albeetson, 

Junior Director, Elizabeth City. 


Bloomsbury Chapter Mrs. Paul H. Lee, Regent. 

Penelope Barker Chapter , Regent. 

Sir Walter Raleigh Chapter Mrs. I. M. Meekins, Regent. 

General Francis Nash Chapter Miss Rebecca Cameron, Regent. 

Roanoke Chapter Mrs. F. M. Allen, Regent. 

Mary Slocumb Chapter Miss Georgia Hicks, Regent. 

Colonel Thomas Robeson Chapter Mrs. Annie Buie, Regent. 

Tuscarora Chapter Mrs. C. H. Hunter, Regent. 

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


Regent 1902: 

Mes. D. H. HILL, SE.f 

Regent 1902-1906: 


Regent 1906-1910: 

Mes. E. E. MOFFITT, 

Regent 1910-1917: 


*Died November 25, 1911. 
tDied December 12, 1904. 

The North Carolina Booklet 

Vol. XVII APRIL, 1918 No. 4 

The Origin of the Regulation in North 

By Archibald Henderson 

The Regulation has been exhaustively studied^ and is still 

something of a cause celebre in ]*^orth Carolina history. The 

origin of the movement has remained veiled in an obscurity 

which the diligent efforts of innumerable investigators have 

hitherto failed to illumine. The contemporary work^ ascribed 

to Hermon Husband, a leader of the Regulators, opens with 

the statement : 

In Orange County the first disturbance is generally ascribed to have 
arisen; but Granville and Halifax Counties vpere deeply engaged in 
the same quarrel many years before Orange. . . . For though 
Granville County had been at war, as it were, some years before the 
disturbance in Orange, yet we never heard of it till it broke out in 

Researches made by the writer in the records of Granville 
County and the state archives at Raleigh have brought to light 
records and documents of crucial importance which have not 
hitherto been known to exist, or been available to historical 

In his Impartial Relation the author, presumably Hus- 
band, quotes several passages from a manuscript, by an un- 

*Reprinted from The Ameeican Historical Review, Vol. XXI, No. 2, Jan- 
uary, 1916. 

^An Impartial Relation of the First Rise and Cause of the Recent Differences 
in Publick Affairs, in the Province of North Carolina, printed for the Compiler 
(1770, pp. 104). With certain slight omissions, this work was reprinted in 
Wheeler's Sketches of North Carolina, II. 301-331. The collation was made 
from a copy in the library of the Philadelphia Library Company. There is also 
a copy in the John Carter Brown Library at Providence. 


Tsnown author, generally denominated "The ISTuthush paper."^ 
The writer has recently discovered a contemporary copy of 
this address in its entirety, which has been missing for almost 
a century and a half. It is evidently in the handwriting of 
the author, George Sims, and is thus acknowledged by him, 
as well as bearing his signature in three places. 

Of the author, who when this address was written had 
either been in Granville County but a short time or at least 
had formed but few acquaintances there, almost nothing can 
be stated at present. The Sims family settled in Granville 
probably before the time of its formation in 1746 ; in 1747 
and 1748, entries in the county records refer to Sims's Road 
and Joseph Sims's ferry-landing on Tarr River. Henry Sims 
is first mentioned in the county records in 1747 ; and Joseph 
Sims, whose name occurs in the county records in 1746, qual- 
ified as captain of the Granville County militia on May 30, 
1750. The first inspector of the first government warehouse 
in Granville County was Benjamin Sims, appointed AugTist 
31, 1749 ; other members of the family mentioned in the 
records are William Sims (1758), John Sims (1760), and 
Elisha Sims (1772). In 1777 Caswell County was set off 
from Orange, which had been formed in 1751 from Gran- 
ville, Johnston, and Bladen counties. On the roll of tax- 
payers, listed in Caswell County in 1790, is found the name 
of George Sims, under the roll for "St. David's District."^ 

Despite the obscurity surrounding the material facts of the 
life of George Sims, the paper, for all its violences of preju- 
dice and crudities in expression, is an able statement of griev- 
ances; and as an appeal to action, it indubitably exercised a 
powerful influence over the minds of the yeomen of Granville. 
It is dedicated to Captain Thomas Person, prominent figure 
in the Regulation movement — the one figTire in that yeoman 

^The title, as given in Wheeler, is described as mutilated ; it is made out to 
read as follows : "A serious address to tbe inhabitants of Granville County, 
containing an account of our deplorable situation we suffer . . . and some nec- 
essary hints with respect to a reformation." It is to be observed that the copy 
here printed, made for Capt. Thomas Person and prefaced with some observa- 
tions of the author, carries the brief title : 'An Address to the People of 
Granville County." 

morth Carolina State Records, XXVI. 1262. 


insurrection who subsequently won high place and reputation 
in the colony. This paper, as the first effective summing-up 
of the grievances of the people, was surely a proximate cause 
of the Regulation. 

It has been only imperfectly realized that the Regulation 
remotely received its initial impetus from the bipartite divi- 
sion of authority in the colony of ISTorth Carolina, between 
the agents of Lord Granville and the royal governor. When 
Earl Granville in 1744 united with the other Lords Proprie- 
tors in surrendering to the crown the sovereignty of the 
province of Carolina, he alone reserved to himself all rights 
as owner of the soil, in his share of the grant. Fully one^half 
of the province of ISTorth Carolina was embraced in Gran- 
ville's district ; and those who occupied lands within this dis- 
trict were required to pay annual quit-rents. As early as 
1755 a committee of the assembly formally reported on the 
abuses of Lord Granville's agent and his subordinates ; but no 
action was taken. On January 24, 1759, following vigorous 
protests against injustices which remained unredressed, a 
number of citizens seized Francis Corbin, Granville's prin- 
cipal agent, bore him to Enfield, where he had an office, and 
held him in duress until he gave a bond. Especial hostility 
was expressed by the disaffected toward the attorney-general 
of the colony, Robert Jones, jr., who was also a personal 
favorite of Earl Granville.^ In his Impartial Relation^ Hus- 
band says that when the "]S[utbush paper" was circulated at a 
meeting of the Orange County court, August, 1767, "after we 
had tried to plead our own cause at the bar against extor- 
tion," "some persons who lived adjoining Granville line told 
us they feared that matter would ruin some of us, for that 
just such a case had been undertook in Granville County years 
ago, and that they were at law about it to that day". 

W. C. Col. Rec, V. Ivii ; A Genealogical History, by Col. Cadwallader Jones 
(1899), p. 2 et seq.; William and Mary College Quarterly, October, 1897, p. 121. 
Jones, called Robin, settled in Granville County as early as 1748, and during 
the years 1756 to 1766 served as attorney-general of the colony, alternating 
•with Thomas Child. He was the father of Willie and Allen Jones, famous in 
the annals of the State. Cf., for example. Life of John Paul Jones, vol. I., by 
Mrs. Reginald De Koven (New York, 1913). 


The original petition by sundry of the inhabitants of Gran- 
ville County, of date March 2S, 1759, protests bitterly against 
the practice of Robert Jones, jr., in demanding exorbitant 
fees for his legal services, etc., and asks that he be prohibited 
from pleading at the Granville bar. This petition, hitherto 
unpublished it is believed, constitute'S a fundamental docu- 
ment in the written history of the Regulation. The copy here 
presented, collated from the original records, was kindly sup- 
plied me by Dr. Thomas M. Owen, of Montgomery, director 
of the Department of Archives and History of Alabama. This 
Searcy petition was read at a meeting of the Granville County 
court, in the presence of the justices William Person, Daniel 
Harris, Gideon Macon, Thomas Person, and William Hunt. 
The presence of Thomas Person on the bench is to be noted. 
In his Impartial Relation, Husband says that as a result of 
the petition, the officers sued the subscribers for a libel, in- 
dicted the author of the paper, and imprisoned him; "which 
lawsuits have remained to this day" (1769). It is impossible 
to authenticate these statements, as the third volume of the 
Granville County Records, for 1759-1767^ has disappeared. 
Below follows the petition of Reuben Searcy and others ; 
Searcy was a prominent citizen of the county, sheriff in 1763, 
and afterwards clerk of the county court (1771-1783). The 
eif ect of the Searcy petition is clearly perceptible ; for on May 
14, 1759, Robert Jones testified under oath before the gov- 
ernor and council that "he had heard it was intended by a 
great number of rioters to petition the court at Granville to 
silence him, the deponent, and that if no such order was made, 
to pull deponent by the nose and also to abuse the court." 
Following a formal address to the governor by the assembly 
on May 15, a proclamation was issued and reputed rioters 
were incarcerated; but the jail was iromediately broken open 
and the prisoners set free. Corbin's legal actions against the 
rioters were prudently withdrawn^ and the issues temporarily 
settled. The rioters lived in the counties, not only of the 
present Granville and Halifax, but also of Vance, Warren, 


Edgecombe, Wilson, Nash, and Franklin. The riot at En- 
field presages the breaking-up of the court at Hillsborough in 
1770 ; the petition of Searcy is the natural precursor of th© 
]^utbush paper of George Sims. 

As the rioters at Enfield protested against the illegal prac- 
tices of Corbin, and the commoners of Granville in the Searcy 
petition protested against the exorbitant fees of Jones, so 
George Sims appeals to the inhabitants of Granville to rise 
against the tyrannies and exactions of Benton. The taking of 
extortionate fees constituted the primary and fundamental 
gTievance of the people; but in connection with the protests 
against Jones, it may be mentioned that the closure of Gran- 
ville's office in 1765 v^^as on all hands cited to Governor Josiah 
Martin in 1771 as a chief cause of the Regulator troubles.^ 
When the people moved on to these lands, after 1765, conflicts 
with the colonial authorities as the result of the refusal of the 
people to pay taxes were inevitable. 

Aechibald Henderson. 

I. The Petition of Reuben Seaecy and Others, March 23, 1759 

To the Worshipful Court of Granville County Greeting. The Peti- 
tion of Sundry of the Inhabitants of the County aforesaid. We his 
Majesties true and faithful subjects humbly beg leave to shew your 
worships that notwithstanding the many Liberties Rights and Priv- 
ileges granted us by his Majesty King George the Second etc. whose 
subjects we are and whose person Crown and dignity we are ready and 
willing now and at all other times to defend and do with the greatest 
sincerity pi'ofess true obedience and loyalty, but Liberty that dearest 
of names and Property that best of charters, seems to be too much 
detracted, as we verily believe by the illusive insinuations of Mr. 
Robert Jones Jr. Therefore your Petrs. humbly pray your worships 
to take the same into your wise and deliberate considerations and as 
far as in your powers lie, redress and relieve your Petrs. with many 
others from his imjust impositions and exorbitancy. Therefore to 
proceed in the first place that eloquent Gentleman through his wiles 
and false insinuations to which art and chicanerie he owes his great 
success and high preferment in this Province that we your petitioners 
verily believe has not only impos'd on the inferior class of mankind 

^N. C. Col. Mec, IX, 49. Cf. Bassett, "The Regulators of North Carolina 
(1765-1771)," in Annual Report, American Historical Association, 1894, p. 150, 
note. In 1761 Robert Jones was appointed Lord Granville's agent (Granville 
County Records, August 11, 1761). Jones died on October 2, 1766. 


but has likewise impos'd on his Excellency Arthur Dobbs Esqre.6 
Governor etc., of this Province together with his Majesties' Honour- 
able Council that notwithstanding their wise and mature considera- 
tions together with their just honest and righteous intentions for the 
benefit and welfare of the inhabitants of this our Province in general, 
yet that gentleman thro' false and unjust Representations in matters 
relating to our County of Granville hath prevailed on his Excellency 
and Honours aforesd to issue a Commission of Peace for our said 
County thereby leaving out of said Commission several worthy gen- 
tlemen that were very serviceable and beneficial to our said County 
and more especially to the upper inhabitants thereof for the lack of 
which magistrates or a sufficient number of such your petitioners 
labour under great disadvantages and inconveniences and also Justice 
likely to be much retarded which certainly is very disagreeable to 
your worships as well as petitioners. And furthermore the Legisla- 
ture of the Province have in their wise and deliberate consideration 
allowed and stated a set fee very sufficient for an Attorney practise- 
ing in our said Province to have and receive for his care and trouble 
in prosecuting Suits in any of our Courts of Judicature but Mr. 
Jones instead of the fee allow'd by law frequently demands and 
receives double that fee without any matter or remorse of conscience, 
so that it has become a general practice and custom among chief of 
our Attornies, and by the great volubility of speech and the superi- 
ority that he by his wiles insinuations and chicanerie as aforesd. 
has insinuated himself into, very frequently works on the passions of 
weak juries to blind their conception of Justice in order to gain his 
point so that men flock daily to him to comence very trivial and 
frivolous lawsuits which tends to the great disadvantage and preju- 
dice of our inhabitants for all which insults and injuries your petition- 
ers humbly beg your worships to exclude and prohibit the sd Mr. 
Jones from pleading at our barr for the future and your petitioners 
as in duty bound shall ever pray. 

II. An Address to the People of Granville County by 

George Sims 7 
"Save my country. Heaven !" shall be my Last.8 Pope. 

'Arthur Dobbs, a native of Ireland, was appointed governor of North Caro- 
lina by the crown and took the oath of offlce on November 1, 1754. In connec- 
tion with the Enfleld riots, Governor Dobbs was popularly credited with showing 
a friendly disposition toward the rioters. Upon his death at the age of eighty- 
two, on March 28, 1765, he was succeeded as governor by William Tryon, who 
proved singularly unsympathetic with the regulating element in respect to their 
alleged grievances. 

''For the collation with the original manuscript, until recently hidden away 
In the Capitol building, I am indebted to the kindness of Mr. R. D. W. Connor, 
secretary of the North Carolina Historical Commission. 

^Ending of epistle I. of Pope's Moral Essays. 


Dedicated to Capt Thomas Person.9 
by his 
Obt. Hmble. Servt. 
G. Sims. 
To Capt. Thos. Person". 


The honour you do me by requesting a copy of my address to the 
inhabitants of Granville County does not raise my vanity to such a 
height ; but what I am mortified down to the lowest degree imag- 
inable, at the thoughts of granting your request. Not, because it 
contains any thing, either false, or criminal. I wish from my heart 
the facts therein related were not so notorious as they are : But the 
mortifying reflection is this, I wrote it for the common people to 
understand, and therefore took not the pains to be methodical, as I 
should have done, if I had known, or imagined, it would ever have 
come within the Scrutiny of Gentlemen. I do not intend by this Sir, 
to insinuate that I could write so methodically, as to stand the test 
of a critic, or in other words to commence author. Were I to enter- 
tain such a vain conceit, I should be afraid the very trees in the 
forest, rocks, hills, and vallies, would all resound the echo of that 
vain thought to my eternal shame and confusion. But, forasmuch as 
the facts treated of, whether generally, or particularly, are so notori- 
ous, and the conclusions so natural, that, it is no hard matter for me 
to compose a subject of this nature methodically enough to bear at 
least a perusal among Gentlemen, who are acquainted with my Cir- 
cumstances. Because where nothing extraordinary can reasonably be 
expected, no great disappointment can happen, if nothing extraordin- 
ary be found. However, as I had not the presence of mind to make 
these reflections before it was too late, I gave you my promise, from 
which I cannot now in honour recind, therefore, I have this request 
to make, which I hope you will be candid enough to comply with ; 
I do imagine, that you will communicate it to Gentlemen of penetra- 
tion, and as I am positive, that, it will not bear criticising on ; either 
in the orthographical, or grammatical perfections, I insist, that, at 
your leisure, you would correct those deflciencies, which are too 
egregious to bear the sight of a Critic at ten yards distance, that is 
if you intend to shew it to any Gentleman, who has not yet seen it. 
Otherwise. I do not care, since you are acquainted with the Author, 

^Known in history as General Thomas Person ; born January 19, 1733, died 
November 16, 1800. Began life as surveyor for Lord Granville; sheriff of 
Granville County ( 1762), justice of the peace (1759, 1763,1764), representative 
in assembly for Granville, 1764, 1768-1785 continuously. 1788-1790, 1793-1794; 
senator in assembly 1787, 1791; elected (May 11, 1784) to Continental Con- 
gress, but never took his seat. The most vigorous democrat and vehement 
champion of the rights of the common people ; leading Regulator and able 
adviser in their cause ; included by Gov. Tryon in the list of those excepted 
from the benefit of pardon ; captured and imprisoned ; secured his release and 
was never brought to trial. Cf. sketches : S. B. Weeks, in N. C. Booklet, IX. 1 ; 
and T. B. Kingsbury, in Weelcly Star, Wilmington., N. C, July 20, 1877. 


you will easily look over the imperfections of the performance with- 
out censure ; Since you canuot expect any accurate performance from 
so small abilities, which, however small, the person who is endowed 
with them, is proud of nothing more, than the honour of subscribing 
himself your very hble Servt. G. Sims. 

N. B. I imagine it may be a matter of mirth to some Gentlemen to 
see my writing appear in the method of an Author, having a dedica- 
tion prefixt. However let such remember, that as to the subject, I 
write the truth, and as to form, I write in my own Style. 

I am yrs. etc. G. Sims. 

Gentlemen, You are chiefly strangers to me, there are very few of 
you, that I am personally acquainted with, and I imagine that some 
of you begin to wonder, what I am going to offer to a company of men 
that I linow nothing of. However, Gentlemen, when I consider myself 
as a member of Granville County, I am no longer a stranger among 
you. but a brother of that community to which you all belong, and as 
such, I look upon it as my indispensible duty, to exert myself in vindi- 
cation of those rights and privileges which our Constitution has en- 
dowed us with, when either persons or things endeavour to destroy 
them, and as this is evidently the case at this present juncture, I 
think it is high time we should all exert ourselves, in our defence 
against the common evil, which has almost overrun our land, and this 
is the motive Gentlemen, which induced me to desire a convention, 
and an audience of you, that I may lay before you, those grievances 
which oppress our land. Not, because you do not know it Gentlemen ; 
but, because you do, and that by knowing it. you may the more chear- 
fully join with me, in such methods as I shall propose, for the recov- 
ery of our native rights and privileges and to clear our country of 
those public nuisances which predominate with such tyrannical 
sway. And. I hope to see you all unanimously zealous and combine 
as one man to throw off the heavy yoke, which is cast upon our 
necks, and resume our ancient liberties and privileges, as free sub- 
jects. Who under God are governed bj' his august Majesty George the 
third, whom God preserve. And in order to explain myself on this 
subject, I shall undertake 1st. To explain what law is, when abstract- 
edly considered. 2ndly. The utility or use of every human negative, 
and positive law. Srdly. I shall undertake to shew the most notoi'i- 
ous and intolerable abuses, which have crept into the practice of the 
law in this Country. 4thly. The mischief which necesarrily flows 
from, or follows the abuse of the law, and the absolute necessity 
there is for a reformation. 5thly. Propound such methods to effect 
this reformation as appears to me most probable of success. And, 
Lastly, I shall recommend the whole to your serious consideration, 
and insist that we be no longer strangers when the common evil, 
which we groan under, calls so loudly for our interposition. There- 


fore let us unite as brothers of one community, to recover our privi- 
leges,' which are trampled under foot, by a handful of vs^retches, who 
are fitter for halters than Officers lo of a Court. In the first place it 
is no hard matter to explain what law is ; neither is it very material 
to my purpose whether I explain it or not; but as I promised to do 
it, and, because it may in some sort give us an idea of laws in gen- 
eral, and their obliging power ; I shall explain it in the words of the 
learned Mr. Dawson,il who in his treatise of the origin of law, Says, 
That law is the rule of acting, or not acting, laid down by some intel- 
ligent being, having authority for so doing. This, Gentlemen, though 
it is short, yet it is a comprehensive description of all laws, whether 
divine or human, whether natural or revealed, negative or positive. 
And, without entering into definitions of particular laws, or tedious 
observations on the nature and property of Laws, I shall descend to 
the second proposal which was to shew the general utility or use of 
laws. And I may venture to affirm that the laws of all well regulated 
Societies will aptly fall under one of these three general heads or 
divisions. 1st. To secure men's persons from death and violence. 
2ndly. To dispose of the proi^erty of their goods and lands. And 
3rdly. For the preservation of their good names from shame and 
infamy. Under one of these three general heads, I say the laws of 
all well regulated societies will aptly fall ; The further any system 
of law deviates from these great and general ends, the nearer it 
approaches to those systems of law, which are the productions of 
despotism and tyranny. But we are the people Gentlemen, who have 
the happiness of being born under one of the most perfect forms of 
government in the known world. We are a part of that stupendous 

i°Foot-note in original manuscript : "Let it be remembered that wlienever I 
mention Officers of the Court (which is a summary comprehension of the min- 
isters of Justice if largely taken) I mean no more than, Clerks, Lawyers, and 
Sheriffs, and not the Wpl. members of the Bench, whose authority I revere, and 
hold them in the highest veneration." 

The particular objects of the distrust of the inhabitants of Granville County 
were Robert Jones, attorney-general of the colony and agent of Lord Granville ; 
and Samuel Benton, colonel of the Granville County militia, and clerk of the 
county court ; but other county oflBcers and lawyers generally were complained 
against. There are certain conspicuous exceptions to those in bad odor with the 
disaffected. Among the "worshipful members of the bench" (justices of the 
county court) during the period referred to, who, in the language of Sims, were 
"revered" and "held in the highest veneration," were Thomas Person, Reuben 
Searcy, Gideon Macon, and Richard Henderson. For Thomas Person, cf. note 
9 supra. Reuben Searcy was the author of the trenchant protest against Robert 
Jones, jr. Gideon Macon, an emigrant from Virginia, was the father of the 
democratic statesman, Nathaniel Macon, the friend and intimate of Jefferson. 
Richard Henderson was a young attorney whose "amazing talents and general 
praise had not created him a single enemy" ; in appointing him to the highest 
court in the colony, the governor in a letter to the Earl of Shelburne said of him 
that he lived among a people who "will be happy at having such a distinction 
paid to one who resides among them, and for whom they entertain an esteem." 
{N. C. Col. Rec, VII. 697). Later, protests were made in both Orange and 
Granville against sheriffs who were grossly in arrears in their accounts. Con- 
spicuous exceptions were Thomas Hart, who, as sheriff of Orange, was proved 
to have been "not a farthing out in his accounts" (N . C. Col. Rec, VIII, 233) ; 
and Samuel Henderson, sheriff of Granville, to whom, upon examination of his 
accounts, the county was found to be in arrears and the account was allowed 
(Granville County Records, June 19, 1759). 

"George Dawson, Origo Legum ; or, a Treatise of the Origin of Laws, and 
their Obliging Power (London, 1694). 


whole, which constitutes the glorious, and formidable kingdom of 
Great Britain. The Sceptre of which is swayed by his present 
Majesty, George the third, of the royal house of Hanover, and right 
heir to the crown, and royal dignity, according to a Protestant suc- 
cession, settled by an act of parliament in the reign of Queen Ann of 
blessed Memory. We are the subjects, I say, of this august monarch, 
who in conjunction with the united power and authority of the Lords 
spiritual. Lords temporal, and house of Commons, maintain and 
uphold this inimitable System of law, which his royal ancestors, and 
their predecessors, have from time to time enacted, and established 
for the safety of his kingdom, and the benefit of his leige subjects, by 
securing our person from death and violence : By disposing of the 
property of our goods and lands, and by providing methods for the 
preservation of our good names from shame and infamy. All these 
privileges. Gentlemen, we dare to call our own, under the protection 
of that (almost) immutable system of law, which is confirmed by the 
triple combined authority of the King, Lords, and Commons, as you 
have heard before and transferred by them to all his Majesty's plan- 
tations in North America, and else where as a model to form their 
laws by, and as a touchstone to try the validity of such laws, as shall 
be enacted by any Legislative power, within his Majesty's extensive 

This, Gentlemen, is the inexhaustible fountain, the source whence 
we draw our claims to these privileges that our situation as free sub- 
jects undoubtedly entitles us to, And that we may be provided with 
such laws, as the particular circumstance of our province, may from 
time to time require. 

We have an assembly, which somewhat resembles that grand tri- 
partite conjunction of the King's authority, Lords, and Commons. 
Here we have a Governor, Council, and an Assembly of Representa- 
tives chosen by the populous 12 to enact laws for the benefit of the 
Commonwealth, as occasion may require in conformity to the laws 
aforesaid. And I suppose, they have answered those ends, or whether 
they have, or have not, is a matter, which I shall not now undertake 
to determine. However, we have a set of laws peculiar to this Prov- 
ince, for a System I cannot call them, because they are mostly tem- 
porary and subject to change. 

There is none that I know of, if they were honestly complied with, 
that would not answer the end intended by our great Legislature at 
home ; except, it be some petit private acts in favour of some particu- 
lar persons, who by false insinuations and sinister practices have 
obtained the same, which, I shall treat of in their proper places. 
Well, Gentlemen, it is not our mode, or form of Government, nor yet 
the body of our laws, that we are quarrelling with, but with the mal- 
practices of the Oflicers of our County Court, and the abuses which 
we suffer by those empowered to manage our public affairs ; this is 



the grievance, Gentlemen, which demands our solemn attention, and 
in ofder to make it evident, I shall according to my promise in the 
third place shew the notorious and intolerable abuses which have 
crept into the practice of the law in this county, (and I do not doubt 
in the other counties also, though that does not concern us). In the 
first place, it is well known, that there is a law vphich provides that 
a lawyer shall take no more than 15/ for his fee in the County Court. 
Well, Genl. which of you have had your business done for 15/ ? Do 
not the Lawyers exact 30s for every cause, and 3, 4, or 5 pounds for 
every cause that is attended with the least difficulty? Yes; they do 
Gentlemen, and laugh at our stupidity and tame submission to these 
damned extravagancies. And besides the double fees, which they 
exact from you, do they not lengthen out your lawsuits, by artificies 
and delays, so long as they perceive you have any money to grease 
their fists with? And numberless other devilish devices to rob you of 
your livings in a manner diametrically opposite to the policy of our 
State, and the intention of our Legislature. I dare engage for you all, 
Gentlemen in the afiirmative, I believe there is none here at present, 
but what must acknowledge that this is exactly the Case. Well, 
Gentlemen, if there were no more public evils, this, alone is sufiicient 
[in] a little while to ruin our County in these litigious times. But 
hear another evil greater by far, if possible. Mr. Bentonis in his 
former, and in his present capacity, is a subject worth a particular 
scrutiny. View him but in his former, and then view him in his 
present capacity, and make an estimate of the service he has done 
you, in requital for the favour you did him by taking him out of 
prison or what was next door to it, and sending him Burgess. He 
was universally esteemed a person calculated for what is called a 
poor mans Burgess, and indeed he has proved a poor mans Burgess, 
he forgot that you sent him to do your business. Gentlemen, his mind 
(like his eyes) is turned inward, and all his transactions below have 
been for the benefit of that dear self of his, which is so much in his 
own good graces, that he is plundering his County to enrich that dear 
object ! You had a great deal of reason, I acknowledge, Gentlemen, 

ispirst heard of in Granville County, N. C, on January 2, 1752, when he pro- 
duced his commission as justice of the peace. On July 6, 1756, he was in prison 
and refused to serve when appointed justice of the peace (N. C. Col. Bee, V. 
591) ; acted as justice of the county court in the years 1752-1755, 1763, 1764, 
and perhaps at other times; colonel Granville County militia, 1765; clerk of 
the court from 1765 until the time of his death shortly prior to April 17, 1770; 
representative in the general Assembly from Granville County in 1760, 1761, 
1762 (April and November), 1764-1765, 1766-1768. The Granville County 
Records show him to have been prominent and active in county affairs, notably 
as commissioner for the erection of a court house, gaol, stocks, and whipping- 
post. At various times he presented bills for his services against the county, 
running up Into hundreds of pounds. He was the grandfather of Thomas Hart 
Benton, the famous statesman, who was born (March 14, 1782) near Hills- 
borough, on the old road to Haw River, about half a mile from the river Enoe, 
where stood the mill of Thomas Hart. Samuel Benton's son, Jesse, the father 
of Thomas Hart Benton, was a representative in the assembly in 1781, lieuten- 
ant-colonel of militia, and accompanied Judge Richard Henderson on his jour- 
ney over the Wilderness Road to Kentucky in 1775. Cf. the erroneous account 
of Thomas Hart Benton's forbears in the biography by W. M. Meigs (Phila- 
delphia, 1904). 


to imagine that a person wlio had suffered by the malpractices of 
otliei's would make a benevolent patriot, when in a public capacity ; 
but how much have probabilities deceived you ; judge ye ! 

He is Colo. Benton, now chief Officer in our military affairs, he is 
Clerk Benton, chief Clerk of our County Court, in which double 
capacity I believe. Gentlemen, there is None [of] us that envies him, 
but in the execution of his office. I beleive there are none of us that 
have the good of the Commonwealth at heart, but must resent the 
usage he gives us here. The Clerks tell us their is no law to ascer- 
tain their fees, and therefore they are at liberty to tax our bills as 
they please, and the misfortune is Gentlemen, that we are obliged to 
pay it, be it what it may ; I think. Gentlemen, if there be no law to 
ascertain the Clerk's fees, there is no law to compel us to pay any 
fees at all. However, let us see what advantage Benton the poor 
mans Burgess makes of this deficiency in our law, if you give a 
judgment Bond for five pounds only, and this Bond goes into Court, 
the Clerk for only entering it on the Court docquet and issuing an 
Execution, charges you with forty one shillings and five i>ence, I had 
it from Benton's own mouth, at which time he vapoured as high, and 
with the same confidence that a fighting gamester has, who is en- 
dowed with courage of a highwayman, with oaths and execrations 
that he had taken it^and would take it. 

However, Gentlemen, I hope you will disappoint him, I am deter- 
mined till he produces law that shews me what the fees are, to pay 
no fees at all, and I hoi)e you will all follow the example, and see 
where Benton will get his obliging power to compel us to pay them. 
All these abuses are founded upon so false a basis, that [the] least 
resistance will overturn the whole mass. For, where there is no law, 
there is no transgression in not complying with the arbitrary demands 
of a lawless Officer, and where the law gives a right, the same law 
will give a remedy, when this law is violated, and that our rights and 
privileges are violated in the highest degree is manifest, not only 
from what has been said, but from the daily practices of our Officer. 
It is time, and high time. Gentlemen, that we should endeavour to 
save our sinking County from the imi>ending ruin, which will be the 
necessary consequence of these cursed practices. I told you Gentle- 
men, I would undertake to sum up the abuses, which have crept into 
the practice of the law in this County. I have indeed undertaken it, 
but if my paper would permit, I am positive your patience would not. 
To say all that might be said on this subject alone would fill a large 
volume ; therefore. I must abridge the catelogue, that I may perform 
my promise in other particulars ; but remember by the way, the hard- 
ships that we suffer by building the courthouse etc. for Benton to 
bring grist to his own mill : But I shall treat of this subject with an 
instrument prepared to regulate this hardship. 

And therefore I shall proceed to the 4th proposal, which was to 
shew the mischief that naturally flows as a consequence from these 


cursed practices, and whatever I say Gentlemen, to illustrate this 
melancholy subject. Need I mention one instance to set forth the 
misery which we groan under? Does not daily experience shew us the 
gaping jaws of ruin, open, and ready to devour us? Are not your 
lauds executed, your negroes, horses, cattle, hogs, corn, beds, and 
household furniture? Are not these things, I say, taken and sold for 
one tenth of their value? Not to satisfy the just debts which you 
have contracted ; but to satisfy the cursed exorbitant demands of the 
Clerks, Lawyers and Sheriffs. Here they take your lands which per- 
haps are worth four or five hundred pounds, and sell them at public 
vendue for about forty or fifty pounds. And who buys? Why the 
same villians who have taken your negroes and other personal estate, 
and have the County's money in their hands. This has furnished 
them with money to buy off the rest of your livings, at the same rates 
as you have heard. It is reasonable Gentlemen, that these Officers 
should be allowed such fees, as may give them a genteel mainte- 
nance, but then is it reasonable that they should rob the County to 
support themselves in such damned extravagancies, and laugh at us 
for being such simpletons as to suffer it? No: Gentlemen, there is 
no reason that I know of; except they want to reduce us down to 
that despicable state whence they rose, and a pitiful estate it was, 
Gentlemen. There were none of our arbitrary Governors, whose 
descent were not as obscure, and dispicable, as their transactions in 
a public capacity have been base and illegal. But it is a received 
maxim among the unhappy subjects of electorial Dominions, that they 
have the most to fear from a King who hops from the dunghill to the 
throne. But to return from my disagreeable digression, let us make 
an estimate of the difference between getting our livings by honest 
industry and getting tliem by these cursed practices. We will sup- 
pose ourselves all to be men, who labour for our li'^dngs, and there 
is a poor man among us, who has dealt for about 4 or 5 pounds in 
such things as his family could not possibly do without, and in hopes 
of being spared from the lash of the law till he can sell some of his 
effects to raise the money : he gives a judgment bond to his Merchant, 
and before he can accomplish his design his bond is thrown into 
Court, and Benton the poor mans Burgess has it to enter on the 
Court docquet and issue an execution the work of one long minute. 
Well, Gentlemen, what has our poor neighbor to pay Mr. Benton for 
his trouble? Why, nothing but the trifling sum of forty-one shillings 
and five pence. Well he is a poor man, and cannot raise the money. 
We will suppose Mr. Benton condescends to come to terms with him. 
Come (says he) and work. I have a large field and my corn wants 
weeding (or something like that). I will give you 1/6 a day, which 
is the common wages of a labourer in these times till you pay it off 
because you are a poor man, and a neighbour I will not take away 
your living. Well how many days work has our honest neighbor to 
pay Mr. Benton for his trouble and expense in writing about a min- 


ute? Why, he must work something more than 27 days before he is 
clear of his clutches. Well the poor man reflects within himself. At 
this rate says he when shall I maintain my own family. I have a wife 
and a parcel of small children suffering at home and I have none to 
labour but myself, and here I have lost a month's work and I do not 
know for what, my merchant not yet paid, I do not know what vsrill 
be the end of these things; however, I will go home, and try what I 
can do towards getting a living. Stay neighbour, you must not go 
home, you are not half done yet, there is a damned Lawyers mouth 
to stop before you go any further, you impowered him to confess that 
you owed £5., and you must pay him 30/ for that, or, else go and 
work nineteen days for that pick-pocket at the same rate, and when 
that is done, you must work as many days for the Sheriff, for his 
trouble, and then go home and see your living wrecked and tore to 
pieces to satisfy your merchant. 

Well Gentlemen, if this were the case, would it not be a melancholy 
thing? But it is worse by ten degrees than anything that you have 
yet heard. It is not a persons labour, nor yet his effects that will do, 
but if he has but one horse to plow with, one bed to lie on. or one cow 
to give a little milk for his ctdldren, they must all go to raise money 
which is not to be had. And lastly if his personal estate (sold at one 
tenth of its value)' will not do, then his lands (which perhaps has 
cost him many years toil and labour) must go the same way to 
satisfy these cursed hungry caterpillars, that are eating and will eat 
out the bowels of our Commonwealth, if they be not pulled down fi'om 
their nests in a very short time, and what need I say, Gentlemen, to 
virge the necessity there is for a reformation. If these things were 
absolutely according to law, it would be enough to make us turn 
rebels, and throw off all submission to such tyrannical laws. For, if 
these things were tolerated, it would rob us of the very means of 
living, and it would be better for us to die in defence of our priv- 
ileges, than to live slaves to a handful of Scapegallows, or perish for 
want of the means of subsistance. But, as these practices are dia- 
metrically opposite to the law, it is our absolute duty, as well as our 
Interest, to put a stop to them, before they quite ruin our County. 
Or, Are become the willing slaves of these lawless Officers, and hug 
our chains of bondage, and remain contented under these accumu- 
lated calamities? No, Gentlemen, I hope better things of you. I 
believe there are very few of you, who have not felt the weight of 
their Iron fists and I hope there are none of you, but what will lend 
a helping hand towards bringing about this necessary work. And in 
order to bring it about effectually, we must proceed with circum- 
spection, not fearfully. Gentlemen, but carefully, and therefore, it 
will be necessary to mention certain rules to be observed in our pro- 
ceedings. And first, let us be careful to keep sober, that we do noth- 
ing rashly ; but act with deliberation. Secondly, Let us do nothing 
against the known and established laws of our land, that we may not 
appear as a faction endeavouring to subvert the laws, and overturn 


our system of government. But, let us appear what we really are, To 
wit, free subjects by birth, endeavouring to recover our native rights 
according to law, and to reduce the malpractices of the Officers of our 
Court down to the standard of law. For, we must remember that it 
is not the Body of our laws, we are fighting with, this would be the 
highest folly, since it is the known established law of our land, that 
is a bulwark to defend those privileges, which we are contending for, 
except there be any late private acts, that favour them in these devil- 
ish practices, if there be any such law, I say. Gentlemen, it deviates 
from the use of the law, which I cited to you in the beginning and 
consequently derogatory from the System of the laws of England, 
and so we are bound by no authority to submit to them, but there are 
no such laws that I know of. Thirdly, Let us behave ourselves with 
circumspection to the Worshipful Court inasmuch as they represent 
his Majesty's person, we ought to reverence their authority both 
sacred, and inviolable, except they interpose, and then Gentlemen, 
the toughest will hold out longest. Let us deliver them a remon- 
strance, setting forth the necessity there is for a suspension of court 
business, till we have a return from the Governor, in answer to the 
I)etition, which we shall send to his Excellency on the occasion. The 
remonstrance to their Worships, and the petition to his Excellency I 
have ready drawn, which I shall communicate to you after I have 
made my last proposal, which is this, I promised that the last para- 
graph should be a recommendation of the whole to your serious con- 
sideration, and insist upon some points necessary to be concluded on ; 
but as all that has been said is so self evident, and the matter so 
important, that I am in hopes, you have all considered the subject, 
and made such conclusions as may inspire a resentment against the 
abuses which we suffer, therefore, my proposal is this, I am a stran- 
ger, I say to the chief of you. I have not moved in these matters out 
of any vain ostentation, or any private pique that I have against any 
of our arbitrary Governors, but a true zeal for the good of my County, 
was the only motive, which induced me ; neither do I desire the pre- 
eminence in any thing among you, I am a stranger, I say, therefore 
it may be, that you have not that confidence in me, which you can 
repose in some of your acquaintances whose resolution you know 
will answer the end of these undertakings. If so Gentlemen, name 
the man, I will be the first on his list to follow him through fire and 
water, life and death if it be required in defence of my privileges, 
and if you choose me for your leader I can do no more. Here I am 
this day with my life in my hand, to see my fellow subjects animated 
with a spirit of liberty and freedom, and to see them lay a founda- 
tion for the recovery thereof, and the clearing our County from arbi- 
trary tyranny. God save the King 
Nutbush,i4 Granville County 
6th June 1765. 

"A settlement on Nutbush Creek, which runs through the northern part of 
what is now Vance and Warren counties, formerly Granville County. 




Since this article was originally printed, a few additional 
bits of information have been forthcoming. 

In the "Catalogue of Mr. Murphey's materials for the 
History of ]^orth Carolina/' under division 6, is listed: 
"George Sims address to the people of Granville on the sub- 
ject of abuses by officers of Courts" (In "The Papers of 
Archibald D. Murphey," ii, 419 — Publications of the IToi'th 
Carolina Historical Commission). 

In a "Muster Roll of the Regiment in Granville County, 
under the Command of Colo. William Eaton, as taken at a 
General Muster of the said regiment 8 October, 1754" is 
found — "Captain Benjamin Simm's Company," containing 
seventy -five names (State Records of ISTorth Carolina, xxii, 

In the Archives of the I^orth Carolina Historical Com- 
mission there are' a number of claims for members of the 
Sims family. The following is a specimen : 
Indent. State of North Carolina 

No. 296 Hillsborough District 

Auditor's office the 29th day of June, 1782. 

This [mutilated] Certify that George Sims Exhibited his claim and 
allowed [mutilated] Shillings Specie 

Test John Nichols 

Je. Rice Clk £ " 16, Specie. Ad Murphy 

Other claims of like character, which were allowed, are as 

follows : 

James Sims Hillsborough District 

Leonard Sims " 

William Sims " 

Martin Sims " 

Murrey Sims " 

Isham Sims " 

Robt. Sims " 

Thos. Sims " 

Mark Sims " 

Martin Sims " 

William Sims " 

Murrey Sims " 

Isham Sims " 

trict 1781 


— 6--0 


£1486— 16--0 



440— 0—0 


£1106— 8—0 



26— 2--0 






18^ 9—0 






9— 2—0 



9— 0— 



3— 6—0 



3— 6—0 






9— 2—0 





The Ride of Captain Jack— 1775* 

By Mary Geoome McNinch 

Come liear the ride of Captain Jack 

To Philadelphia and back. 

John Gilpin never rode as he ; 

Not Paul Revere, as you shall see, 

Nor Tarn O'Shanter's maddest mile 

Your ear shall from my tale beguile. 

'Twas in the year of seventy-five 

When liberty began to thrive ; 

The "Hornets' Nest" was not yet named, 

Nor "Esse guam videri" famed ; 

The fashion was a coat of red, 

"God save the King !" forever said ; 

And be he wrong or be he right, 

"God save the King !" from morn 'till night. 

But men in Mecklenburg there were 

Who dared King George's wrongs aver ; 

Here in a house of logs, they broke 

Their sceptered king's unlawful yoke. 

Brave pioneers with conscious power ! 

They fashioned in that golden hour ! 

A nation's cradle of repose. 

Outside an eager crowd drew near 

To give the patriots praise and cheer. 


Then Captain Jack agreed to be 

The messenger to Congress. See ! 

His hat they bring, his spurs, his sword, 

He mounts his horse, a farewell word, 

The message safe in hand, at last, 

The hated street of Tryon passed, 

The stream that skirts the hill is crossed, 

They see him gain the wood ! He's lost 

To view, and then they cheer again 

And echo calls a faint refrain. 

What ear could follow fast enough. 

That beat on beat of thudding hoof? 

What eye could mark them flashing by 

The woods, the streams, the changing sky? 

*Published by request. 


All day, all day, all day once more. 
Nor lialf that daring ride is o'er. 
No courier of prose nor song 
E'er yet did ride so fast and long. 
Five hundred weary miles he went. 
And half a score of horses spent 
Before the Quaker town he spied, 
Or rested from his fearsome ride ! 


At once our delegates he sought 
And showed the documents he brought. 
The president of Congress deemed 
The act too premature. It seemed 
That Jefferson, with wiser eyes, 
Knew how to use the "spurious" prize ; 
And in the immortal page he wrote. 
Its substance, he, methinks, did quote; 
And thus, though lost to history. 
The tidings served their end, you see. 
Whatever fate the paper met, 
Its bearer we cannot forget. 
James Jack is dead long, long ago, 
His fame, indeed, shall not be so ; 
For we will ever tell how he 
Rode far and well for liberty. 


An Inventory 

Of the Estate of John Rowan, Esqre. Deceas'd, Taken by Ben- 
jamin Smith (Guardian Thereof) a Copy of Which Was 
Delivered to the County Court of Brunswick, Term 
Being the Next After His Appointment, Which 
Was at June Term 1782 

(Contributed by North Carolina Society of Colonial Dames of 


No. of Acres. 

1. A tract of land with improvements thereon, containing 320 

Acres in (what was formerly, at the time of the grant called 
the Precinct of New Hanover but now) Brunswick County, 
on the Southwest side of the Northwest branch of Cape 
fear River joining on the upper side lands formerly George 
Gibbs's but now possessed by Mrs. Dry 320 

2. A Tract containing 360 Acres joining and below the above 

on the River 360 

3. A Tlaet containing 176 Acres joining above and below by sd 

Rowan's land on the River 176 

4. A Tract containing 320 Acres joining the above and below on 

land formerly Colonel Notton's, being on the River & strikes 
the Woods Creek by the lower line 320 

5. A Tract containing 640 Acres on Woods Creek joining Mr. 

Rowan's land 640 

6. A Tract containing 640 Acres on Woods Creek joining Mr. 

Rowan's land 640 

7. A Tract containing 640 Acres on Woods Creek 640 

8. A Tract containing 640 Acres on Woods Creek & Rattle Snake 

branch 640 

9. A Tract containing 500 Acres back of the Mill Lands 500 

10. A Tract containing 500 Acres on Alligator Branch back of 

the Mill Lands. 500 

The above ten Tracts with one of 640 Acres on the Island in 
New Hanover County mentioned below constitute Rowan 
Plantation, containing 5376 Acres, on which are two Saw 
Mills, on one Dam indifferently found with tools. 

NB. Since my taking possession the Dam, which was very 
much broken, has been made up and the Mills that were 
rotten and tumbling down have been repaired. There is 
also a grist mill on said Plantation, very much out of order. 


12. A Tract containing 400 Acres on the lower side of Hoods 

Creek, joining the Halton's 400 

13. A Tract containing 300 Acres on the Southwest side of the 

Northwest Branch of Cape fear river joining the above, 
granted to Roger Moore, Esqre. by him sold to Mr Halton 
and then to Mr. Rowan 300 

14. A Tract containing 300 Acres on the Southwest side of the 

Northwest branch of Cape fear river, joining the above 

and runs about half a mile below Woods Creek 300 

Two Lotts in the town of Brunswick No. 354 & 356. 

Total Of Lands in Brunswick County 5736 


11. A Ti-act containing 640 Acres on the Island between Black 
River and the Northwest branch of Cape fear River bounded 
by the said Rivers, the Thoroughfare and lands below be- 
longing to the estate of James Murray 640 

15. A Tract containing 350 Acres on the Northeast side of Black 

River opposite to the lower end of Colonel Halton's 350 

Island. Total in New Hanover. 990 Acres 


16. A Tract containing 640 Acres on the North East side of the 

Northwest branch of Cape fear river, joining (when the 
patent was granted) Henry Simonds land 640 

17. A Tract containing 320 Acres on the Southwest side of the 

Northwest of Cape fear river, when patented joining Mc- 
Knights 320 

18. A Tract containing 291 Acres on the Northeast side of the 

Northwest branch of Cape Fear river at the time of the 
pattent joining the upper side of Nathi Moores 291 

19. A Tract containing 500 Acres on the West side of Waccamaw 

Lake and joining land formerly belonging to Joseph Wat- 
ters 500 

20. A Tract of Land containing 360 Acres on the North side of 

the Waccamaw Lake, when pattented joining John Clayton's 

land 360 

Total in Bladen County 2111 

Total of Lands, 20 Tracts 8837 

Besides which there are several papers about lands which 
appear to be of no consequence but are carefully preserved 
among them a Wari*ant dated in 1744 for 4000 acres of land 
in Bladen County. 

N.B. Mr. Denning in his Tax list for the Estate returns 195 
Acres of land near Newberu in Craven County, all of which 
Marsh, but I cannot find any Titles to Them. 



An Inventory of the slaves, stock of Horses, Cattle, Hogs, Sheep, 
Furniture, & All other personal property belonging to the Estate 
of John Rovpan, Esqre. deeed. which have fallen into possession 
of Benjamin Smith, Guardian thereof. 



1. Robin 

2. Quamino 

3. Tim 

4. Nick 

5. John 

6. Ludlow 

7. Martin 

8. Walley 

9. Amyntor 

10. Thaw 

11. Toney 

12. Veuter 

13. Ned 

14. Frederick 

15. Josh 

16. Daniel 

17. Peter 

18. Jemmy 

19. Boneta 











1. Tasey 

2. Bella 

3. Barbary 

4. Molly 

5. Margaret 

6. Present 

7. Frankey 

8. Dorinda 

9. Easter 

10. Betty 

11. Dianna 

12. Charlotte 

13. Muria 

14. Charlotte 

15. Frankey 

16. Grace 

17. Thareba 

18. Venus 

19. Sal 

20. Bet 

21. Milley 

22. Lucretia 

23. Chloe 

24. Willoughby 

25. Patience 

26. Melly 


1. Dicky 

2. Sancho. 

3. Bartholomew 

4. Toney 

5. Joe 

6. Peter 

7. Jacob 

8. CufEey 

9. Adam 

10. Prince 

11. Bob 

12. Jupiter 

13. Amyntor 

14. Roger 

15. Tommy 

16. Daniel 

17. Will 


1. PhOlis 

2. Marianne 

3. Coomba 

4. Betsy Rose 

5. Matilda 

6. Amey 

7. Jemima 

8. Lucy 

9. Cornelia 

10. Amaritta 

11. Darinda 

12. Martha 

13. Molly Snow 

14. Princess 

15. Rose 

16. Sary 

17. Lena 

18. Present 

19. Phoebe 

20. Abigail 

21. Shareba 

22. Katy 

23. Priscilla 

24. Fanny 

25. Nanny 

26. Peggy 

27. Amelia 

(This Inventory of Negroes taken July 23, except 
Amelia, who was born between that and Sep- 
tember Court.) 





2 Stallions, (1, 3yr old. the 14 Head 

other 2 yr old, both blooded. ) 

Mares, blooded, one of which 
died between taking the In- 
ventory and Delivery to the 

Country Mares 

2 yr old colt. 

yearlings Js. 

2 yr old Filley 

Yearlings Js 

Horses, one of which very old 
and died Sept. 10th. 

Old Horse & (I did not see 

old Mare but was told 

they were in 
the woods.) 

14 Head carried Over Total 23 Head of Horse Kind. 

NB. I have put down the Horses as blooded from information not 
of my own knowledge being unaquainted with their breed. 




2 Bulls 

1 Boar 

1 Ram 

20 Cows 

2 Sows 

5 Ewes 

1 Full Grown Heifer 

16 Shoats 

6 Lambs 

2 Two year old do. 

11 Pigs 


8 Yearling Bulls & Steers 



5 Do. Heifers 


9 Bull Calves 

8 Cow Calves 

Totals of Stock 

55 Head, exclusive of 2 yr old 
killed for Estate & Mrs. 
D's use. 

23 Head of Horse Kind 
55 Cattle 
30 Hog Kind 
13 Sheep Kind 

NB. One of the lambs killed for Mrs. Denning's use between tak- 
ing account & presenting it to court. 

There had been 4 sows one of which by information died and 
another was gone in the woods to pig. She was up a day or few 
days before. 

A Shoat & Pig was killed for Mrs. Denning's use between taking 
the account and Court, therefore 28 remained. 

This account of the Stock taken July 18th. 


A Silver Tea Kettle & lamp 

A Plated Tea Urn 

A Silver Coffee Pot & waiter 

A Silver pint mug 

4 Salt cellars with blue glasses 

2 pr plated candle Sticks 

A plated bread basket 

2 plated waiters, 1 large 

A plated dish Cross 

& 1 

A pr Silver Snuffers & a dish to A Do Sugar basket 

hold it 

4 do bottle boards 



1 do. Cruet stand with glass 


2 broken Salt Callers 


1 punch ladle marked IxS 

A Plated Soup ladle 

2 Silver Soup Spoons, 1 marked 


A case containing 18 Table 
Spoons marked with an arm 
& hand, holding a drawn 

A Small case containing 18 de- 
sert Spoons marked as 

11 Tea Spoons, a strainer & pr 
Sugar Tongs marked as 

A Milk Pot 


9 Table Spoons marked I M 

10 Tea Spoons and a Strainer 

marked S R 

Three of the last mentioned 
Table and three of do Tea 
Spoons lent to Mrs. Den- 
ning by the young Ladies 

6 Old Tea Spoons much worne 
marked thus, 2 SC, 1 IR, 2 
MC, & 1 SR. 

The above articles are put dovpn 
to the best of my judgment 
but there may be a mistake 
as it is difficult to dis- 
tinguish between real plate 
and articles that are well 


No. Vols. 
2 Old Bibles besides a smaller 
in good condition and 3 

torn 6 

The New Testament 1 

2 Common Prayer Books & part 
of another & one of the 2 
torn 3 


Millers Gardiners Dictionary 1 
A Religious Book, title page 

to which torn out 1 

History of the Reformation 
of the Church of Eng- 
land 1 

Do, being a supplement to 

the above 1 

Tillotson's Works 1 

The English Pilot 1 

Hugh's History of Barbadoes 1 

Laws of Barbadoes 2 

Burnets History of his own 

time 2 



Laws of North Caroliua 1 

Plays 1 

Littleton's Latin Dictionary 1 

Religious Book, title page of 

which torn off 1 

Single Sermons 1 

French Navigation 1 

The Deserted Village 1 

Haseldens Daily Assistant. _ 1 


Ann Odd set of Blackstone's 

Commentaries 3 

2 Sets of Atkinson's System 

of Navigation 2 

Hoopers elements of Uni- 
versal erudition 1 

Fenning's English Diction- 
ary 1 

Cavallier's memoirs of the 

Wars of the Cevennes 1 

Vertot's Revolutions of Spain 

translated by Moyan 1 

Well's Geography 1 



Gradusad Larnassum 

2 Sets Crouch's Brit. Cus- 

Collection of Revenue, Stat- 
ute & Acts relating to 


Wilson's Navigation 

Hales' Treatise on Ventila- 

Echards Roman Historj' 

Chamberlaynes State of Gt 


Defence of the Christian 
Revelation by G Little- 
ton & G West, Esqrs 

2 Sets of Ovids Metamorp in 

Usum Delphine 

Nelsons off. of Justice of 


Virgil in Us Delphini 

Clarke's Justin 

Washingtons abridg'of States 

Tillotson's Sermons 

Hillary's Essay on the Small- 

Campbell's Naval History 

Religious man's Library or 

a sure guide to Heaven 

Lelands view of deistical 


Rennet's Antiquities 

Annals of King George 

Mortimers Husbandry 

Ovids Epistles 

Clarks Cornelius Nepos 

Sallust in Us Delphine 

Cheyne's Essay ou Health 

New View of London 

French Grammar 

Hornecks Sacrament 

The Christian Defense against 

the fears of death 

2 Sets of the Whole Duty of 


Congreve's Works 

The necessity & advantage of 
publick prayer 

1 Cockburn's nature & cure of 

Fluxes 1 

2 Book concerning Festivals 1 

Rapin's History of England, 

odd 9 

1 Swift's Works 8 

1 Do, an old set, 3, 4, 5, 6, 8, 9, 6 

Do Do., 1, 2, 4, 5, 7, 9, 10 11 8 

1 Pope's Odyssey 5 

2 Rambler 4 

Tatler odd, 2d, 3d, 4th, Vols 3 

1 Guardian, 2d Vol 1 

Addison's Works (odd) 2d, 

3d, 4th 3 

1 Spectator, Odd Set, The 3d 

Vol. Wanting 7 

2 Harvey's Meditations 2 

Vindication of the Authority 

1 of Christian Princes 1 

1 Abel's Trigonometry 1 

1 Latin Testament 1 

1 Memoirs of Count de Forban 1 
1 An odd vol of Tristram 

Shandy 1 

1 Thoughts on Religion 1 

4 A Method of Prayer 1 

Bills of Lading 1 

1 Vernon's Compleat Compting 

ho. 1 

2 Gift of Physick 1 

1 Ruddiman's Grammer 1 

1 Letters &c relating to May 

1 Rule - 1 

1 Three sets of the Mariners 

1 compass rectified 3 

1 A Companion to the Altar — 1 
1 Indeaux's directions to Ch- 

1 Wards 1 

1 Merchants Companion 1 

1 Dil worth's Spelling Book 1 

Latin Vocabulary 1 

1 Clarks Introduction 1 

Palairets new method of 

2 learning to read and 

1 speak French 1 

Clarks Osops fables, Lat & 

1 Eng. 1 



The Adventurer 4 

Molyneaux's case of Ireland 
&c. 1 

Dythe's Spelling Book 1 

New Manuel of Devotions 1 

The KnovFledge & practice of 

Christianity made easy- 1 
Clarks essay upon studying 1 

Plato's Works 1 

London Dispensatory 1 

Inst. Groc. Granit. compenda. 1 

Groc. Sententia. 1 

Greek Testament 1 

Retraite spirituelle, Pouran 

jour chaque mois. 1 

An Alarm to unconverted sin- 
ners 1 

The Holy sacrament, A Trea- 
tise 1 

Devotions 1 

Wright's treatise on Anthu- 

netic 1 

Familiar guide to the Lords 

Supper 1 

Roman Histry by Questn «& 

Ansr 1 

Travels Through Flanders, 

Hold &c 1 

Vocabularum latiale 1 

Clarks Erasmus 1 

Bailey's Dictionary 1 

The Gazeteer's history of 

Europe 1 

The Exemplary Mother (odd) 1 
Introduction to the Lords 

Supper 1 

Pope's Iliad, 6 "Vol, Virgil's 
Works, Lat & Eng. 2 

Vols. 8 

The World 6. An Odd Vol. 

of the preceptor. 1 7 

Sherlocks Discourses 1 

The Ladies Companion 1 

Odd Volumes Not mentioned 
Above : 

Lord Landownes Works 11 

Virgil Lat & Eng by Martyn 1 

2nd Vol of Harvey's Medi- 
tation 1 


Stockwood's treatise of the 

figs &c 1 

Book concerning Merchan- 
dize 1 

Familiar forms of speaking 

Lat & Eng. 1 

Esops fables 1 1 

Present State of England 1 

Gray's Communion Sermons 1 

2 Sets of Introduction to ye 

8 parts of speech 2 

Atlas minunusar, a new set 

of pocket maps 1 

Cordery, 1, Vade mecum or 

a compn for a Chirangn. 2 

Court Kalender for 1763, 
Riders Brit. Mesling for 
1752 2 

4th Vol of Gilblas, 2d Vol 

Bullenasth's works 1 2 

A very small torn spelling 
book 1 



The American Najz No 7 for 
April, 1758 

The Registers Office, Act of 
Parliament for New Stile. 

Hales Act of a dico. to distille 
Sea Water. 

Acts of Parliament. — Proceed- 
ings of the Prov. Congress at 
Hillsborough A.D. 1775. 

Some Acts of Parliament passed 
in 1756. 

Newspapers from July 1774 to 
Sept 1775. 

Some torn naval Instructions. 

Journals and Acts of Assembly. 

Life of the Dutchess of Ormond. 

Directions for sailing along the 
Coast of N & S Carolina. 



A Sermon — -Cleonice, Queen of 

Barbodoes Almanack for 1761, 

N York Almk. 
Letters &c concerning a Libel. 
A book of pictures & a parcel of 

loose & A map of the Meditn. 

Sea and its ports. 
Do. of the port & Harbr of Mar- 

Do of Pennsylvania. 
A Plan of the City & Suberbs of 

4 Do of the Coast of N. C. 
A Prospect of the City of Dublin, 
a torne plan or map. 
2 old scales, 2 mathemati or Sur- 
veys Instruments, 2 Dials. 
A Surveyors Compass. 
Female Spectator Book 6th. 


5 Decanters xl 

6 Salvers to hold Jelly Glasses 
4 Cake Salvers 

2 Tumblers 

4 Cyder Glasses 

3 Tart Pans 

52 Jelly xl, & 1 Sillabub glass 
6 sweetmeat plates 
19 small Candlesticks for Salv- 
19 Cream glasses 2 sweetmeat 
6 Tumbler Tops 

2 Candle Stick nossels 

3 Salt Cellars xl $2 

1 Vinegar & 1 Pepper Cruet t 


3 Two Quart blue & white 

1 Quart do. 
3 blue & white dishes, 1 large 

the other 2 middle sized t 
3 do coffee cups 


2 Quart bowls t 

3 half pint do. f 

35 plates, 6 of which $ 

1 small oval dish ± 
3 butter plates, 2 % 
6 cups & saucers $ 

2 egg cups, 1 pepper box 

2 Butter boat covers 
1 Tureene Cover 


5 Plates, 2 of which x & 3 J 
A Salad dish t 

3 Tureene Covers 

4 spitting basins 

25 oval cheese dishes 
13 round do. 

1 milk pot 
A green pickle or buttler leaf $ 
11 odd covers of different kinds 

1 broken blue & white butter 
boat & a broken plate both t 
13 large jugs, 6 milk pans 

5 jars or sugar pots 

3 Demijohns, wickered 
3 large case bottles 
5 doz & 10 com bottles 
1 snuff bottle 
5 Flasks 

1 open mouthed bottle 
5 brandy bottles 



10 Candle molds t 

A Gallon measure * 

A Quart do. * 

A Tea Box, pewter or lead 

A Cheese toaster & Breadbasket 

A tin milk pan 

A tin Quart mug x 

A chocolate pan & sifter J 

A Sugar Cannister $ 

43 Cake pans 

2 Bells 



6 Brass candlesticks, 2 of which 

broke, 3 of which t & 1 x 
2 small pewter basins, 1 of 

which broken, 1 | & 1 x 
5 straw dish mats 
A Marble mortar & iron pestle t 
A Sett of large steel yards 
A pr. wooden Scales & 5 lead 

An old Wagon Flat Box 
A Spy Glass 

A case containing 1 doz large 
green handled knives & 
forks tied with silver 
A case containing do small 

2 old Knife cases 
11 knives & forks like the above 
but most of the caps broke 
off and 3 t, 1 X, & one to 
An old fork 

A Marble bowl*, 4 weavers 
Hays X 
2 pk old cards * 
A Buff sword Belt 
A leather Car'^ouch box & pouch 
A powder Horn & gun 
A spoon mould 
2 Dice Boxes 
1 small Horse or Cow belt 

1 Odd spur 

a Small bag with some root or 

2 bottles with liquid medicine 
4 boxes with physic Scales but 

only one with weights 
A pewter Ink stand no glass * 
A wooden sand & one do. poince 

box * 
A case with five odd lancets 

given out for use 
2 Sur cases containing 1 doz 

bottles each, a case with 

some bottles 
NB. Those articles marked x 
those t for Mrs. Denning's use. 

A Box containing an hedge Sheat 
2 broken coffee pots & 2 case 

1 Flask, a brass mortor and 

iron pestle 
A Box containing 35 panes of 

A Tin bird roaster 
A very large broken Syringe 

2 old pewter rims & 1 plate 

broken, which I melted in 
spoons & gave 2 to Lucas & 
1 to Fogartie 

2 Kegs with dried paint & pt of 


3 old brushes, 4 wooden Keel- 

2 fifty six weights 
a Box containing a few files and 
some broken worthless things 

1 pr files for fencing 
A large tin Grater 

A Brass Knocker 
A small quantity of old rusty 
iron ware of no consequence 

2 Portmanteaus 


2 Tea Napkins, the young 

ladies had * 
2 Table cloths, 1 very good*, 1 

very bad t 
6 Damask napkins to match the 

good table cloth * 

2 Sets of Bed curtains * & 1 do 

window * 
10 Feather beds, 1 Mattress & 2 

4 Bolsters, 6 Blankets, 3 Quilts 

3 Sheets & 1 counterpane, 

mostly old and in bad order 

were left out for the overseer and 
Those * for plantation or young 



An Inventory of the Personal Property Belonging to the Estate of 
John Rowan, Esqr. Deeeas'd (continued) Taken on the 22n(i & 
23rci June, 1782 by Benj. Smith, Guardian, Thereof. 


A cedar Desk * 

1 old walnut do. 

4 Mahogany bedsteads, 2 of which 


2 Common bedsteads 

1 Mahogany Card Table 

2 Do. Dining Tables 

1 looking glass very old, framed 
1 Mahogany round Tea Table 

1 Old Harpsichord 

5 Wooden Chests 

A Backgammon Box witht any 

A Pine Couch 

2 Doe or Ash Bedsteads 

A Mahogany Chest of Drawers 
A Looking Glass without a frame 
2 Dressing Glasses 
A Walnut arm chair with a 
worked bottom 

4 wooden oak or pine chairs 
An old Trunk 

A Travelling or Plantation med- 
icine chest with vials, direc- 
tions &c. 

2 close stool chairs 

An old chest of Drawers 

6 oak or pine tables, 1 broken 

3 Mahogany Waiters $ 
2 Do. Tea Boards f 

A Clock, An old Fiddle, An Eng- 
lish Flute 

2 Mahogany Arm chairs 

15 Do. or Walnut chairs, 7 of 
which broken 

5 broken painted arm chairs, 

very much out of order x 
A broken Mahogany box, and 
some Mahogany pieces of 
Chairs, Tables, Bed Rails &c. 
A broken pr of Bellows 

Lanthorn, Caston & Dish. 

3 Iron Pots, 1 Brass Kettle 

An Old knife Box, a small Dutch 

A Skillett & a broken frying pan 


7 window sashes & one old pic- 
ture frame 

5 Horsenetts, An iron Rack in 

the Kitchen to hang pots 

6 pr Iron dogs, 6 pr Tongs & 2 

A Logger head, A Trivet, A 

An incompleat Jack 
A Ditto Copper Stile, a bunch of 

curtain rings 
A Broken Crane, A Walking 

A Side Saddle 

62 Pearle Fish & 17 Counters 
A Small quantity of old iron 


2 Bar & 2 Fluke Plows, 3 pr 

Iron Traces 
25 Hoes. 2 Ox Chains, 20 Axes. 

4 old Scythes 
2 Broad Axes, 5 x cut saw, 3 of 

which old 

7 Augers, 1 whip Saw ; 2 Tap 

An Iron Scale beam, 2 Ads, An 

Hand Saw 
2 Chissels, 1 Gouge, 1 Square, 6 

Mill Saws 
A Brand, A Weavers Loom 
2 Large spinning Wheels, 1 

small do. 
A Machine for making lines 
A Forge, 2 Anvils, 2 pr Bellows, 

one of them useless 


7 Hammers, 2 large Vices, 1 of 2 cart wheels lying seperate 
which useless from an old cart body 

1 Hand Vice, 3 pr of Tongs, A 

Drill, 2 Seine plates, 1 pr boats 

Pincers, 2 Old Files 

An old Boat called the Glory 

CARRIAGES A do canoe, called the Pidgeon, 

An old riding chair in bad order 


Account Sales of the Personal Estate of John Rowan ; Esquire, 

Deceas'd (Sold by Order of Brunswick County Court) at Rowan 
August 15, 1782. 

No. of Prices. 

Parties Names Articles Sold VoU. £, s. d. 

Jacob Leonard Poiies Iliad 6 18 

Joseph Watters Swifts Works S 16 

Willm Watters do 8 1 14 

Joseph Watters do 6 13 

Lewis Dupre Harvey's Meditations 2 11 

Popes' Oddyssey 5 1 10 

Wm Dry The Tatler 3 10 

Benj Smith The whole duty of Man 1 1 

Lewis Dupre A Dictionary 1 8 

Benj Smith A Lott of Books 10 

do do 4 

do Odd Set of Blackstone's Com. 10 

do Sure guide to heaven 10 

William Watters Naval History 1 10 

Thos Craike History of Barbadoes 15 

Jno Grange, Senr — Rapins History 11 6 

Thos McLaine Millers Gardiners Dicty 15 

Jno Grange Snr A Book 5 

Joseph Watters do 1 5 

William Watters —Virgil 2 6 

Thos McLaine 2 Books 5 

Benja Smith 1 do 2 

do A lot of Books 8 

Lewis Dupre A Book 4 

Wm Watters 2 Books 1 1 

William Dry 2 Books 2 

Benj Smith 1 do 8 

do 4 do 4 

Benj Smith 1 do 2 

William Jones A Lott of Books 6 

Benj Smith 3 Books 3 

William Watters —2 do. 10 



Parties 'Names Articles Sold 

Jacob Leonard A Lott of Books 

Saml Ricliardsou 1 do. 

Benj Smith 1 do. 

Jacob Leonard 1 do. 

do 1 do. 

Joseph Watters 1 do. 

Jacob Leonard 1 do. 

Jacob Leonard 1 do. 

Benj Smith 1 do. 

Thos Craike 1 do. 

Willm Watters A Flute & a Fiddle 

Sam'l Richardson A Blunderbuss & A Gun. 

Willm Watters A Powder Horn 

Thos Craike do 

Willm Jones A Surveyors Compass _. 

Robert Schaw A Sun Dial 

Alexander Hostler Sundry Maps 

Benj Smith Do. Pictures 

Thos Craike Pearle Fish & Counters - 

Benj Smith '__A Sun Dial 

Thos Craike 2 Jugs 

Thos. Neale 2 do 

do 2 do 

Thos Craike 2 Butter Pots 17/2 

2 Jugs 2/ 

Saml Richardson A Sun Dial 

Benj Smith A Physick bos 

Robt Schaw A Keg with paint 

Benj Smith A Box of Glass 

John Tyler A Box of Sundries 

Willm Watters A Portmanteau 

Alexr Hostler A Do. 

Willm Jones A Jack 

do A Gin Case 

John Tyler A Do. 

Thos Craike A Box of Sundries 

Robert Schaw Sundries 

Wm Dry A Backgammon Box 

Benj Smith Sundries 

Willm Jones do 

Thos Craike 2 Jugs 

Benj Smith 2 Horse Netts 

Thos Craike 2 Horse netts 

Thos Neale Dogs & Tongs 

Wm Watters Dogs & Tongs 

No. of 

£ s. d. 









1 15 


















11 6 




Parties Names Articles Sold 

Saml Richardson Ditto 

Ditto —A Stile & A Crane 

Hen Watters 2 Tea Boards 

John Tyler A Gin Case (Mrs. Denning's) 

Hen Watters A Lott of Sundries 

Benj Smith An Horse nett 

John Tyler Sundries 

Benj Smith Lott of com bottles 

7d a 3/2 pr doz. 

Thos Neale A pr of Files 

Alexr Hostler A Lott of patty pans 

Mrs Dry 6 knives & forks 

Thos Neale A Sett of do, large & small 

Hen Watters 6 Plates 

Gilbert Eccles 1 doz do. 

Joseph Watters Y2 doz do. 

Mrs Dry % doz, most of them cracked 

Thos Wright A Bread basket 

Gilbert Eccles A Table Bells 

Thos Neale A Punch Bowl 

Thos Wright do 

Gilbert Eccles A Small Do. 

Willm Watters A Table Bell 

Mrs Dry A China Dish 

Thos Wright pruit Plates & a lot 

Ditto (Jo 

Gilbert Eccles 1 pr Salt Cellars & a lot 

Thos Neale 2 Decanters 

Mrs Dry 2 Glass Covers 

Thos Neale Salver & Glasses 

Thos Wright 3 Glass plates 

Henry Watters 3 (Jq. 

Thos Neale 2 Salvers 

Benj. Smith a lot of Glass 

Thos. Neale A Fork 

Henry Watters a spy Glass 

Thos Craike A Rum Case 

Willm Vernon A Mahogany Table 

Thos Wright 1 Ditto 

Wm Dry A Salver & Glasses 

Gilbert Eccles A Card Table 

Robert Schaw A Mahogany Bedstead 

Sam'l Richardson A looking glass 

Wilm Jones A Desk, very old 

No. of 

£ s. d 
1 2 e 
3 10 
1 5 







1 8 
18 10 
1 16 
17 6 
5 6 

14 6 


15 6 



10 6 

2 6 


4 6 

4 6 


17 6 


11 6 





Parties Names Articles Sold 

Thos Lucas A Bed & Bolster 

Benj. Mills 1 do. 

Ditto Ditto. 

Wm Vernon Ditto. 

Benj Smith A pine table 

Ditto Ditto. 

Di McLeod 2 Candlesticks 

Benj. Smith 2 Pine Chairs 

Benj Mills A Bag of feathers 

Thos Craike A bedstead & rods 

Drury Allen % doz. Chairs 

Gilbert Eccles ^ doz. do. 

Benj. Mills a Bedstead 

Thos Craike A Chest of Drawers 

Sam'l Richardson a large Chest 

Thomas Lucas Ditto. 

Thomas Craike An Easy Chair 

William Watters __ .Ditto 

Thomas Lucas A Chest of Drawers, very old__ 

ditto lAn old Trunk 

Robt Schaw A Bedstead 

Dan'l McLeod A wooden box (Mrs Denning) 

Thos Lucas A large Chest 

Gilbert Eccles An Harpsichord very old 

Thos Lucas A Bedstead 

Jno Grange, Senr A marble mortor & a pestle 

Dl. McLeod Scales & weights 

Thos Craike Sundries in a lot 

Henry Watters An old picture frame &c 

Ditto. 11 head of Sheep a 28/6 pr head 

Benj. Smith A Stallion 

Benj. Smith The Clock 

Thomas Wright 2 Cows & calves 

Benj. Smith 2 Ditto & Ditto 

Ditto. 2 Ditto & Ditto & a Bull 

Ditto. Ditto 

Thos Wright 1 Cow 

Jas. Richards 15 Head of young Cattle 

No. of 

£, s. d. 

2 4 
1 10 

3 10 
7 2 

10 6 





4 6 
10 6 







. 15 



. 35 



















A Allen, Drury . 

Craike, Thomas , 

D Dry, Jane Mary . 

Dry, William , 

Dupre, Lewis , 

E Eccles, Gilbert 

G Grange, Senr, John 

H Hostler, Alexander , 

1 Jones, William , 

L Leonard, Jacob , 

Lucas, Thomas , 

M MacLaine, Thomas , 

Mcleod, Daniel , 

Mills, Benjamin ^ 

N Neale, Thomas, Senr ^ 

R Richardson, Samuel . 

Richards, James , 

S Schaw, Robert . 

Smith, Benjamin , 

T Tyler, John 

V Vernon, William , 

W Watters, Henry , 

Watters, William , 

Wright, Thomas 

£313" 14" 5.- 

AccouNT Sales on the 18th February 1783 of Property Belonging to 
the Estate of John Rowan, Esquire, Deceased, sold by Benjamin 
Smith, Guardian of said Estate under Direction of Brunswick 
County Court by Auction at Rowan. 

Purchasers Names Property Sold 

Cains, John A Sorrel! Stallion __ 

Denning, Margaret _An old riding Chair 

Fogartie, Edmond A Sorrell Horse 

Lucas, George A Sorrell Filley 12 

Lucas, Thomas An old black mare 

Mills, James Walley & Franky 

Smith, Benjamin An old Black horse 

Do. — An old road mare Phoenix 

Watters, Henry a young sorrel do Polly 

Watters, William A sorrel colt 

do — A do filley 



























































s. d. 





. 25 

. 12 


. 150 




. 20 







The Passing of the Dram Tree 

By Richard Dillabd, M.D. 

When the gigantic ice-floe on the Albemarle was driven 
eastward by the winter's storm, its impact, like an irresistible 
Alpine glacier, swept before it the lone sentinel cypress tree 
that had stood for more than two centuries, waist deep in 
water, at the eastern entrance of Edenton Bay. 

Come storm, come sunshine, there it stood, the most prom- 
inent object in the landscape. By day lifting up its head to 
the sunshine, and all night to the stars. Securely anchored 
to the bottom, like Prometheus chained to his rock, it mocked 
the fury of the white-maned breakers, or made love to the 
evening zephyr upon its seolian harp. It warned the seaman 
from the treacherous shoal, and welcomed the mariner from 
the distant clime to its peaceful port. It furnished the geog- 
rapher with his line of demarcation for Edenton Bay, and 
was a giiide-post on the 36th parallel of latitude. 

Long ago, when Edenton was a busy port and did a flourish- 
ing West India trade, it was the custom to keep a bottle of the 
best West India rum hid in a hollow within its bulbous trunk. 
It was the duty of each incoming captain to keep the bottle 
well filled, and whenever a vessel cleared the port and passed 
the ''Dram Tree" the captain and his crew would lower a 
boat, row to the tree, and drink to the health of Edenton 
friends, to a prosperous voyage, and a safe return. And so it 
received, and has always borne, the pseudonym of the ''Dram 

Alas, how many mutations of men and things it has wit- 
nessed ! It saw Edenton as a village, then a borough town 
whose wharves were crowded with the busy sons of commerce. 
It saluted the royal governor as he passed in his barge from 
Eden House to his capital at Edenton. When the Cupola 
House was built it was standing there; it saw the spire of 


St. Paul's church when it first lifted its gilded cross to the 
evening sky. It watched that gathering of patriotic women 
on the courthouse green, as they emptied their caddies of tea ; 
it caught, like a wireless tower, within its tangled meshes of 
leaves the first vibrations from the bell at Independence Hall ; 
it caught the first glimpse of Flosser's hostile fleet as it 
steamed slowly up the sound. Bass and perch and sun-fish 
cradled their spawns within the convolutions of its vdde- 
expanded bole and the schoolboy marked its distance from 
the shore as a fit measure of his swimming prowess. It com- 
manded and demanded attention ; no matter the point of view, 
there it was sharply outlined upon the waste of waters, and 
always a pleasing object to the musing eye. 

For generations grandfathers have told grandsons th© story 
of the "Dram Tree," and so it came to pass that everybody 
knew and loved the old tree. But the "Dram Tree" has van- 
ished. The old man about town has lost a companion of his 
youth, the landscap'e a familiar and distinctive charm. In 
peace let it rest beneath the turbulent waters, and let each 
wave, as it sweeps by to the shore, murmur a gentle cadence 
in echo to the associations and traditions of the past ! 

Sic transit gloria mundi. 

"Raleigh's Shopping Center" 













Rooms $1.00 and $1.50 without bath ; $1.50 to $3.00 with bath. 
Our Cafe is one of the best in the South.