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HISTORY

OF

BY FRANCOIS-XAVIER MARTIN,
-}—

Colonie autem jura, instituta

que populi Romani, non sui
‘arbitrit habebant.

Gx. lib. 16, cap. 28.
VOLUME II.

NEW-ORLEANS:

PRINTED BY 4.7. PENNIMAN & CO.
Corner of Chartres aud Bienville Streetg.

1829,

RS”

 

 
 

 

Eastern District of Louisiana, ss.

Br 1r REMEMBERED, That on the twentieth day of July, in the
year of our Lord one thousand eight hundred and twenty-nine, and of the
independence of the United States the fifty-third, FRANCOIS-XAVIER
MARTIN, of the said district, hath deposited in the Clerk’s office for the
District Court of the United States for the Eastern District of Louisiana,
the title of a book, the right whereof he claims ag author, to wit:

‘The History of North Carolina, from the earliest period. By
Frangois-Xavier Martin. ,
Colonie autem jura, institutaque populi Romani, non sui
arbitrii, habebant.
Gxx. lib. 16, cap. 23.

In conformity to an act of Congress ofthe United States, entitled « An
act for the encouragement of learning, by securing the ‘copies of maps,

charts and books to the authors and proprietors of such copies during
the times therein mentioned;”’ and also, to the act entitled « An act sup-

lementary to an act, entitled ‘an act for the encouragement of learning,
= securing the copies of maps, charts and books, to the authors and
proprietors of such copies, during the times therein mentioned,’ and ex-
tending the benefits thereof tothe arts of designing, engraving and etching

historical and other prints.’?
FRANKLIN W. LEA,
Clerk of the United Court for the Eastern District
; of Louisiana, :

7 Pan DS Sit 8 ts ei A

 

THE
HISTORY

OF ‘

NORTH CAROLINA.

i t CHAPTER T *

» George Burrington, who
afew years before, had presided over the northern
part of the province, under the authority of the lords
Proprietors, was appointed governor of North Car-
olina, He did not reach his government till the
middle of the month of February; Sir Richard Eve-
rard yielded him the supreme authority without any
Struggle, and he qualified at Edenton on the 25th.
None of the former officers. were continued. Wil-
liam Smith was appointed chief justice, Nathaniel

Rice, secretary, Edmund Porter, judge of the ad-

miralty, John Montgomery, attorney general, and

Robert Holton, Provost marshal. Those officers
were named as councellors, in the governor’s com-
mission. John Palin, Joseph Jenoure, John Bap-
tist Ashe, Cornelius Harnett, John Lovick, Edmund
Gale and Mathew Rowan were either named with
them in the Same instrument, or called into. the
King’s council, during Burring ton’s administration.
His instructions provided, ihat three members of
the king’s council should constitute a quorum ; they

requi im. } :
quired him, in case of a vacancy, to forward with
N. CARO. H, J
 

 

¢ . CHAPTER [1730

the information of it, the names of a number of res-

pectable planters, whom he might deem proper —

persons to fill it; but, in case the board was reduc-
ed to less than seven members, they authorized
him, with the advice of the council, to fill vacancies,
until that number was complete. He had power to
suspend any member of the council, on just cause,
from his seat at the board, until the king’s pleasure

was known; to grant reprieves in cases of treason,
and pardons for all other offences, and to collate to

all ecclesiastical benefices. :
He was directed, with the advice of the council,

to call assemblies of the freeholders of the prov-
ince, according to former usage, and authori-
sed, with their consent and that of the council, to
exercise legislative powers: but the provincial acts
were to be transmitted to the king in council for
his revision, and on his disallowance they were to
cease having any force.

With the assent of the council, he was also em-

powered to establish courts of justice, fairs and
markets, ‘and to dispose of vacant lands.

The governor and council were ,authorized to
hold a court of error, and take cognizance of all

suits, in which the matter in dispute exceeded in —

value the sum of one hundred pounds, and from
them an appeal lay to the king in council, in Eng-
land, if it exceeded three hundred pounds sterling.

The lords of the admiralty had granted to gov-

-_ernor Burrington a commission of vice-admiral in

the province. !
The vice-admiral, members of the council,
commanders of the king’s ships in the province,

£730] THE FIRST. 3

chief-justice, judge of the vice-admiralty, secretary,
receiver and surveyor-general, were constituted @
court for the trial of pirates,

The prosperity of the king’s new acquisition
depending ina great degree on the tranquility of

its inhabitants, it had been judged by the British

ministry, an object of primary importance to secure
the friendship of the nations of Indiaus, by whom

there was most reason to apprehend it might be
disturbed. For this purpose Sir Alexander Cum-
muig Was sent toconctude a treaty of alliance with
the Cherokees, at that time a warlike and formida-
ble nation. They occupied the land on the back
part of the settlements of both the Carolinas, to-
wards the Appalachean mountains. The country
they claimed as their hunting grounds was of im-
mense extent, and the boundaries of it had never
been ascertained. The inhabitants of their differ-
ent towns were computed to amount to more than
twenty thousand, six thousand of whom were wat-
riors, fit to take the field on any emergency. An
alliance, with this nation, was an object of impor-
tance to the Carolinas, and likewise to the mother
country, who now engaged their protection and de-
fence. Sir Alexander arrived at Charleston about
the same time that governor Burrington reached
Edenton. He lost no time, and in a few weeks

after met the chiefs of the Cherokee lower towns,

at Keowee; they received him with marks of
friedship and

ately sent to the towns in the middle, valley and

ummon a general meeting
ef the chiefs, for the purpose of holding a congress

 
 

 

4 CHAPTER

with Sir Alexander, -in the month
Requassee.

Immediately after his qualification, governor Bur-
rington issued a proclamation for convening the
first legislative assembly of the province, under the
immediate authority of the crown. They were
called at Edenton, and required to meet on the
13th of April, 1731. With a view to secure the

friendship of the Indians, who were immediately on
the western frontier of his government, he sent

John Brikell, a physician, to meet them. The doc-
tor sat off in the latter part of February from Eden-
ton, attended hy a company of ten men and two
Indians as huntsmen and interpreters, The detail
of his journey affords an accurate idea of the state
of the country, at that time. He had provided him-
self with fire arms, ammunition, horses, two mari«
ner’s compasses, rum. salt, pepper, Indian corn, and
other necessaries. — After they had passed the plan-
tations of the whites, they camped every evening
an hour before sunset, tied their horses to trees,
which they made the Indians climb up to procure a
sufficient quantity of moss for the horses, and to
make beds forthe men. They then sent the Indians
to hunt, and, in the mean while, made a large
fire of broken limbs of trees, which they found

1730}
of April, at

plentifully scattered through the woods; they

piled them up, in order to continue burning all night,

to prevent wild beasts or pernicious insects from
approaching them or their horses.

As soon as the Indians had discharged one or two
shots, and given signal of their suecess by hallows
ing, some of the party were despatched to their as+

 

1730]

THE FIRST. 5

sistance to bring to the camp the game they had
killed: and they seldom returned without more than
a sufficient quantity of venison, wild turkeys and
other game, for the support of the whole company.
When thus supplied with meat, they roasted and
boiled a portion of it for supper, parched some
Indian corn to serve instead of bread, and sat down
to their meal with good appetite, whetted by the
keen air; their tables, dishes and plates being the
bark of trees. Supper being over they made a
large gourdfal of punch, and, when disposed to

‘Test, lay on beds of moss near the fire, the company

keeping a constant watch by turns, every four hours.
After a journey of fifteen days, they reached the
foot of the mountains, without having met any hu-
man being on their way, since they had left the set-
tlements of the white people. On their approach,
they were discovered by a party of the Iroquois ‘
Indians, a powerful nation, continually at war, and

wandering between the gulf of Mexico and the
river St. Lawrence. As soon as they perceived
the doctor's party they disappeared, and gave no-
tice to their chief, who despatched one of his cap-
tains, painted as red as vermillion, with a strong
guard, armed with bows and arrows. When the
party came in sight of the doctor's camp, which
was in the middle of a large savannah, they halted
and the leader, attended by one Indian, advanced,
holding a green bough in his hand. He gave the
doctor to understand that he was sent by his chief,
who desired to know whether the white people
came for peace or war, or what other business had

brought them hither. The doctot informed him,

?
 

 

 

6 CHAPTER

through one of his interpreters, that his views were
friendly, that he had no other object thanito culti-
vate a good understanding and view the country,
On receiving this answer he sat down and despatch-
ed the Indian, who had approached with him, to
convey the doctor’s answer to the chief The
doctor regaled his guest with punch, and made him
a present of a few toys, with which he appeared
much pleased. On the return of the Indian, his
messenger, he went.to meet him at a small distance,
and receiving his message, returned to inform the

[1730

doctor, that it was the wish of the chief that his .

party would pay him a visit, assuring them of his
friendship. The doctor and his men were at first
unwiliing to comply, fearing some untoward conse-
quence might attend the acceptance of this invita-
tion: at length, encouraged by the assurances their
guest gave them of the sincerity of the chief’s friend-
ship, they consented to visit him, determined on de-
fending themselves to the last extremity, in case any
violence was offered. They marched, attended by
all the Indians that had come out, and towards six
o’clock reached the Indian town, and were con-
ducted to the state house, where the chief and his
war Captains were met to receive them. On their
entering they all rose, and the chief placed the
doctor near him: he enquired into the miotives of
the journey of his party, and after the health of his
brother, meaning the governor of the whites. On
receiving the doctor’s answer, he welcomed him
and his companions, shaking every one of them by
the hand, assuring them of his great regard, and of
the friendship he entertained for their nation.

 

2
THE FIRST. q

Some punch was made for the chief and his cap-
tains, and a few knives and glass beads were pre-
sented him, which proved so highly acceptable
that he gave orders to all his people to treat his
guests in the most friendly manner,.and supply them
with whatever they had occasion for, while’ they

chose to tarry among them: they were conducted
to one of the chief’s houses, which had been pre-

pared. for their reception, where they lay upon
benches, covered with bear-skins. The Indians
took particular care of their horses, and supplied
the doctor and ‘his men, with venison, wild fowls,
fish, various kinds of dried fruit, pulse and water,
no stronger liquor being to be met among these
people.

The chief’s houses were in the center of the
town; the rest of the buildings being erected ina
confused order, without any regular streets, shops,
or any handicraft trade being found among men.

The news of the arrival of the doctor, brought
a number of men and women around him, and,
also, boys and girls, who were stark naked. These
would come to the white people, touch their
clothes and gaze on them, with admiration and
wonder. ,

The chief endeavored to amuse his guests, by
making men and women dance before them, and
the lads shoot with bows and arrows, and perform
their warlike exercises, The doctor finding him-
self in favor with his host, requested a sight of his
quiogoson, or chamel house, and was indulged; he

1730}

~ observed it was the largest he had ever beheld.

 
 

 

 

 

8 CHAPTER [1730

Raving spent two days in town, the doctor beg-
ged the chief to permit him to depart, which was
reluctantly granted; he presented him with a bot-
tle of rum, and was forced to accept, in return,
some venison, Indian corn and dried fruit. The
Indians accompanied their visitors about half a
mile out, and took leave, wishing them health, and
entreating them to call again, on their return. The
party proceeded westwardly, and at eve, reached the

top of a high mountain, where they halted, They -

found it difficult to provide, for their horses, the moss,
which had, hitherto, nourished them, not being to be
found.on the mountains. They made a large fire,
and gathering the withered leaves together for their
beds, went to sleep. The next morning, they started
very early, and setting forward, they reached, at eve,
the western side of the first ridge of mountains, and
got into an even beautiful yalley, adorned with woods
and savannahs, of a very rich soil. Here they en-
camped that night, after having made the longest day’s
journey, since their first setting out; for the country
they had traversed was barren, and destitute of run-
ning water, having met none but what was found by
chanee, in the hollow raris of the rocks, which was
so bad that the horses would not drink it. The next
morning, they set forward, with great cheerfulness,
having plenty of water and all kinds of provisions,
They met with an Indian in the woods, who, as soon
as he espied the party, fled, and, notwithstanding they
endeavored, by calling him, and making signs, to in-
to induce him to stop, he soon disappeared. Afier

PSS Ger a eae

1730} THE FIRST. Q

two days’ journey, they reached another ridge of
rocky mountains, with large trees in several places,
and little or no pasture, like the former; much higher,
and having a beautiful prospect of large woods and
fi

Crests, as far as the sight could extend: hence, they

returned eastwardly and, in thirty-two days, reached
the settlements of the white people.

Early in the month of April, the chief warriors of
the Cherokee towns met Sir Alexander Cumming, at
the place appointed, and acknowledged king George,
for their sovereign lord, and, on their knees, promised
fidelity and obedience to him, Sir Alexander, by
their unanimous consent, appointed Muytoy, comman-
der in chief of the Cherokee nation, and the warriors
of the different tribes, acknowledgea him for their
king, and promised to be accountable to him, for their
conduct. Sir Alexander made several useful presents
to the Indians, and the congress broke up to the sat-
isfaction of all, The crown, or diadem of the nation,
which consisted of five eagle-tails and four scalps of
their enemies, was brought from Tennessee, their chief
town, and Moytoy presented it to Sir Alexander, de-
siring him, on his return, to lay it at the feet of his
Sovereign; but at his request, the Indian king deputed
six of his warriors to carry it to England, and there
do homage with it to the king. ‘They accompanied
Sir Alexander to Charleston and embarked on board
the Fox Ship of war,

Governor Burrington met the legislature, according
to his proclamation, at Edenton, on the 13th of April.
In his speech, at the Opening of the session, he inform-
ed the house, he had the king’s commands to recom-

N. CARQ. In, = Q
 

i0 CHAPTER [1730 1730] THE FIRST. <a

 

 

mend it to them, to settle an adequate and permanent and oppression, under the late administration, and he
revenue on the king and his heirs, for defraying the even insinuated that the governor had shared the
necessary charges of government in the province; to profits of their ill practices. :
allow a salary to his governor, suitable to the dignity On the 30th of June, the Fox ship of war, on board
of his office; to make provision for defraying the ex- of which Sir Alexander Cumming and the six Che-
penses of the members of the king’s council and the rokee chiefs had embarked, arrived at Dover. They
house of assembly,.and the emoluments and fees of __ proceeded to London, were introduced to the king,
the officers employed in the administration of justice. — and laid the regalia of their nation at the foot of
The lower house did not recognize, in this catalogue the throne. Considerable presents were made to
of requisitions, any of the advantages, which the — them, of cloth, guns, shot, vermillion, flints, hatchets,
people had been taught would attend the change of knives, &c. They entered into a treaty, by which
ownership: they were not prepared to receive it — they submitted themselves and their people, to the
with complacency, and but little attention was paid sovereignty of the king and his successors: they en-
thereto. gaged not to suffer their people to trade with any
Justice now began to be administered in the king’s: other nation than the English, nor to permit white
name, and Cullen Pollock, George Martin and Isaac men of any other nation to build forts or cabins, or
Hill, were appointed assistant justices of the supreme plantcorn among them; and, in case any such attempt
court. Chief justice Smith did not recognize his ‘was made, to give information of it, to the king’s gov-
American brethren, as persons whose opinions were ernor, and do whatever he would direct, for the main-
to have much influence in forming the judgment of tenance and defence of the king’s right to the country.
the eourt. He contended that, as his commission They engaged to apprehend runaway negroes and ‘sod
gave him “full power to hold the supreme court of deliver them to their owners or the governor; @
the province,” he needed no assistant in the exercise gun and watch-coat were agreed to be given them,
of that power. He was willing to allow them to sit for every negro they apprehended and brought back.
on the bench, provided they would confine themselves Provision was made for the punishment of any Eng-
to yielding their advice, as the master of the rolle _ lishman killing an Indian, and the surrender of any
and sometimes the chief justice of England assist the Indian killing an Englishman, was stipulated. They
lord chancellor. Perhaps, his displeasure arose from were sent back, in the ship which had brought them,
their being persons appointed by governor B urrington and met their ecuntrymen, with the highest idea of
between whom and himself, a considerable misunder- the power and greatness of the English nation, and

standing subsisted. The chief jusice charged the not a little pleased with the kind and generous treat-
governor with attempts to screen from punishment, ment they received.
several officers, who had been guilty of great abuse _

 

eae : vr Da a ee a ec a, re eee ae * sre :
Se io a Pei a eS RO ET OE ORION As EP a ugh ET de
 

 

 

 

 

 

12 CHAPTER £17381

The animosity which subsisted between chief jus-
tice Smith and governor Burrington, continuing to
increase, the former, fearing likely at the meeting of
the council in the spring of the following year, that
the latter would exercise the power he had, of sus-
pending him from his seat at that board, sailed
for England, with private instructions from the coun-
cil, and laid their complaints against the governor, at
the foot of the throne.

At the third session of the parliament, which was
convened on the accession of George IT. to the crown,
a statute, of importance to the Carolinas, was passed.
Rice having become the principal staple commodity of
the southern province, and of that part of the northern
which borders on the river Cape Fear, the regulation
which required that species of produce to be landed in
Great Britaii., before it could be shipped to any other
part of Europe, had been found extremely burden.
some. This commodity, being bulky, could not well

bear a double freight, and the circuitous route to which
it was confined, before it could reach the countries, in
which there was the greatest demand for it, often pre-
vented its arrival at market, in as seasonable time, and
in as good condition, as that from other places, less
distant, and from which, it was more immediately ship-
ped. To remedy this evil, permission was granted to
the king’s subjects, of transporting rice from the Car-
olinas, to the ports of Europe, to the southward of
cape Finisterre, in vessels built in Great Britain, or
owned by the king’s subjects, residing there, navi-
gated according to law, and clearing out, in any port
of Great Britain, for the Carolinas. Persons avail.

ing themselves of this facility, were compelled to give

1731] THE FIRST. 13

bonds that no tobacco, sugar, cotton, wool, indigo, dye
woods, molasses, tar, turpentine, hemp, masts, yards,
bowsprits, copper ore, skins or fur, would be exported
with the rice.

During the summer, governor Burrington visited
the settlements of cape Fear, which began to extend to
Some distance along the stream and its branches; he
returned to meet the legislature, in the town of Eden-

ton, where he arrived on the 3d of November. He
repeated his requisitions, and found the lower house
totally unwilling to grant them. He, shortly after their
meeting, prorogued them, observing he :refrained from
laying any business before them, on account of the
indisposition, which they manifested, to comply with the
king’s wishes; that he judged it improper to proceed
upon business with them, until he received the king’s
commands, having laid before him the undutiful beha.
Viour of the lower house last year, and concluded by
assuring them that, in the mean while, he would take

good care that the business of the province should be
faithfully conducted, and good order preserved.

The Irish, obtained this year, a statute of the British
parliament, allowing the exportation of non-enumerated

» to depress these rising estab-
lishments, and it was enacted, that no drawback should

be allowed on foreign unwrought hemp, exported to
the American colonies.

untae S
Ne Fes

a7?

 
 

 

 

 

 

id “CHAPPER [1732

In the latter part of the month of November, the —
precinct of Carteret, was divided by an act of the gov. _
ernor in council, and the western part of it was erected —
into a new precinct, called Onslow, in honor of Arthur
Onslow, speaker of the British house of commons. .

With a view to the farther security of the province of
South Carolina, and the relief of indigent people in—
Great Britain and Ireland, the settlement of a new pro-
vince, between the rivers Savannah and Alatamaha, was
projected in England. Public spirit and private com-
passion conspired in the promotion of this excellent —
design, several persons of humanity and opulence —
united and formed a plan for raising money for trans-
porting poor families, to this part of America, and on _
the 9th of June, obtained a charter of incorporation:

the new province was called Georgia, in honor of the —

king, who greatly favored the undertaking. The cor-_
poration, which consisted of twenty-one persons, was _

styled the trustees for settling and establishing the colony —

of Georgia.
In the month of November, one hundred and fifty

settlers, led by James Oglethorpe, one of the trustees,
embarked, at Gravesend, for Georgia.

The facility with which furs were procured in most
of the American provinces, the trifling stock, the cheap —

apparatus, which are required in the manufacture of hats,
had induced some of the colonists to employ their time

_ and industry in this branch of business. _Its success
had been considerable, and the exportation of American
made hats, to the West India islands, Portugal and
Spain, became so extensive as to give great uneasiness

to, and consequently excite the clamours of the com. _

pany of hatters in London. In order to check the

 

1733]

THE FIRST. 15

enterprising spirit of the Americans, in this respect,
parliament forbade the exportation of hats from the conti-
nental provinces, to the West India islands and from one
province to the other, and made other severe regulations:
no person was allowed to work at, or carry on, this 4
kind of manufacture, without having served an appren-
ticeship of seven years; no master was allowed more

than two apprentices at the same time, or to employ
any negro. The statute had the intended effect, it consi-

derably prevented the establishment or employment of hat
manufactures for distant sale, and confined the industry
of the colonists, in this respect, to very narrow limits,
To guard against the partiality of a jury of the vicinage,
the heavy penalties, by which these regulations were
enforced, were made recoverable in any of the provinces,
or in any part of Great Britain, in which the defendant
might be convicted, or the goods brought and seized.
For assisting British creditors, in the recovery of the
debts due them in America, a statute was passed this
year, authorizing the admission of ex parte testimony,
taken before the mayor, or chief magistrate of any city,
borough, or town corporate, in Great Britain, and lands
andjhouses were made liable to seizure and sale, as goods
and chattels.

Frederick V. of Denmark, purchased the island of
St Croix, from Spain, in 1733.

In the month of April, a new precinct was established, |
by a resolution of the governor and council, and called
Edgecombe, and in the month of October, the precinet
of New Hanover was divided, and the western part of
it erected into a new one, by the name of Bladen,
in compliment to Martin Bladen, one of the lords com-
missioners of trade and plantations. |
 

 

 

 

   
  
 
  

i6 CHAPTER (1784

In the spring, chief justice Smith returned from
England, and soon after, the governor took his depar-
ture, under the pretence of a visit to South Carolina,
from -whence he sailed for London, in the month of
April. The administration of government devolved on
Nathanial Rice, the secretary of the province, who was
the councillor, first named in the king’s instructions,
as president and commander in chief; he qualified at
Edenton, on the 17th of April.

During the absence of the chief justice, John Palin,
presided, for some time, in the supreme court of the
provinces and was succeeded by William Little, with
whom, John Worley, William Owen, Mackara Scarbo-
rough-and William Badham, sat as associate justices,

Great Britain took no part in the war, that began in
1733, between France and Austria. The minister, de-
pending on the pacific temper of Cardinal de F leury,
whom war too much perplexed by the difficulties of the

time, to reap too great an advantage, from the first
succeess of the French arms.

Chalmers—Bricklem History of S. C.—-Records.

 

 

CHAPTER IL

Presrpenr Rice’s administration was of very short
duration, for, during the summer, Gabriel Johnston was
appointed governor of the province.

This gentleman was a native of Scotland, and had re-
eeived his education in the university of St. Andrews :
he had spent a few years in the acquisition of medical
knowledge, and soon after his reaching manhood, was
appointed professor of the oriental languages, in the
seminary in which he had been reared. This office be-
ing a mere sinecure, he removed to London, where he
was employed in writing some numbers of * The Crafts-
man,” a periodical paper, supported by the ablest po-
litical writers of the day, (lord Bollingbroke and Mr.
Pultney being of the number,) in which the measures
of the administration were attacked with equal animosity
and argument. On the succeeding change in the mi-
nistry, governor Johnston had obtained his appointment

principally through the recommendation of Spence
Compton, baron of Wilmington.

He arrived in the river of Cupe Fear late in October ;
on the second day of November he took the oaths of
office, at the court house of the precinct of New Hano-
ver, in the town of Brunswick, and shortly after met
the legislature at Edenton. He communicated to them,

in his speech, at the opening of the session, the king’s de-
N. CARO. HI, 3

 
 

 

 

 

 

 

 

 

 

18 CHAPTER [1784

sire, that provision should be made for an adequate
and permanent revenue for the support of the govern-
ment of the province, and for a fixed salary for the chief
magistrate, for the time being,

The bills of credit which had been emitted in 1729,
under the authority of the lords proprietors, were stamp-
ed and exchanged, and their future circulation limited to

a period of ten years; a duty on liquors was laid, for

the support of government; and. the poll tax, on the
poorer inhabitants of the province, was lessened ;_ the
qualifications of the electors and of the members of the
lower house were defined; new regulations were made
for the improvement and extension of roads ;* the pre-
cincts of Onslow and Bladen, which had been established
by an order of the late governor in council, were con-
firmed, and a grant of fourteen thousand pounds was
made to the king, for the service of the province, and
for the more immediate payment of part of it, an emis.
sion of bills of credit, to the amount of ten thousand
pounds, was directed; provision was made for defray.
_ ing the expenses of the council and assembly, but none
for the support of the chief Magistrate.
In the course of the following year,.a court of ex.
chequer was established :. it held its first session at New-
ton, a small village lately built on Cape Fear river, on
the 13th of May : chief justice Smith was appointed
chief baron, and James Innes and William Forbes,

It does-not appear, that there was any meeting of the
legislature, in the course of the year 1735,

The war, which had lately commenced, and was now
carried on with gveat fury, by the united powers of
France, Spain and Sardinia, against the emperor,

 

1785] THE SECOND. 19

threatened the tranquility of the other European powers;
and although the king of Great Britain was in no ways
engaged in it, his subjects could not be regardiess of the
Passing events, or unconcerned for the future conse-
quences of a war, undertaken and supported by so pow-
erful an alliance. The situation of the southern British
Provinces in America, excited a lively degree of alarm ;
to the south and south-west was situated the strong
Castle of St. Augustine, garrisoned by four hundred
soldiers, who had several nations of Indians iri their sub-
jection, besides several other settlements. or garrisons,
some of which were not eighty miles distant from the
province of Georgia. To the south-west and west, the
French had erected a considerable town, near fort
Conde, on the river Mobile, and other forts and garri-
sons, some not above three hundred miles distant from
the settlements in the province of South Carolina, and at
New Orleans. Since the conclusion of the war under
queen Anne, they had increased their trade and traffic,
and had now many forts and garrisons on both sides of
the Mississippi, for several miles up that river; and since
the king of France had taken the government of thé

» Country from the Mississippi company, the French from

Canada came daily down in shoals to settle along the
iver, where regular forces had lately been sent to
strengthen the garrisons ; they had five hundred men in
pay, constantly employed as wood rangers, to keep their
neighboring Indians in subjection, and to prevent those
at a distance from coming on and destroying their settle-
ments; they had been so successful in their intrigues,
that they had completely under their control and influe
€nce the numerous nations of Indians that dwelt near the
Mississippi; one of them, the Choctaws, who were al-

.
  
 
  
  
  
 
   
 
 
  
  
  
  
  
 
  
 
  
 
  
 
 
  
  
  
  
  

CHAPTER [1735

ways deemed a very warlike people, and who were able
to bring into the the field five thou

the distance of four hundred mile
settlements in the province of So
them, as among several other nations of Indians, many
French Europeans had been sent to settle, and were en-
couraged by their priests and missionaries to take Indian
Wives, and other alluring means were used, the better
to attach the Indians to the French alliance. Thus the
French had become thoroughly acquainted with the In-
dian mode of living, warring and dwelling in the woods
and a great number of them were among the Indians,
able to perform a long march with an army of those
people, upon any expedition.

There was room to apprehend, that, in case the mea.
sures of France should provoke Great Britain to a state
of hostility in Europe, the French and Indians on the

Mississippi settlements, would invade the Carolinas and
Georgia.

sand warriors, was at

s only from the back
uth Carolina ; among

 

 

 

 

 

 

upper Creek Indians,
upon a navigable river leading to Mobile, which they

Kept well garrisoned and mounted with fourteen pieces
of cannon ; they had lately attempted to build one nearer
the British settlements. The upper Creeks were a
bold and active nation, and had about twenty-five hun-

dred warriors ; they were about one hundred and fifty

 

 

1735] THE SECOND. ‘a

them to their interest, and had effected their purpose
with some of the towns: they were the only nation
which the southern provinces could consider as a barrier
against the attempts of the French, or tlieir confederate
Indians.

Hitherto the French at Mobile, unable to gain the
Indians to their interest, without buying their deer skins,
the only commodity which the Indians had to procure ne-
cessities with, and having no means of disposing of them
in France, had found means to encourage vessels from
the British provinces, particularly from New York, to
truck the skins with them for Indian. trading goods,
especially the British woollen manufactures, which they
disposed of to the Creeks, Choctaws, and other Indians,

by this means alienating them more easily from the Bri-
tish interest.

Besides the many dangers to which the southern pro-
vinces were exposed, from so many enemies in rear
of their settlements, their sea coast was in the most
defenceless condition, their ports and harbors, lying open
to the invasion of any enemy by sea, there not being in
any of them a fortification, capable of making much
resistance.

Governor Oglethorpe, having brought a number of
heavy guns with him, began to fortify the province of
Georgia, at the place which is now known as the town
of Augusta, he erected a fort on the bank of the river
Savannah, excellently situated for protecting the Indian
trade, and holding treaties with several of the nations of
the Indians; onan island, near the river Alatamaha, ano-
ther fort with four bastions was erected, and several
Pieces of cannon mounted in it; the place was called
Frederica; ten miles nearer the sea, a battery was raised,

 
 
 
 
 
 
  
  
 
 
 
 
  
  
  
  
 
 
   
  
 
 
  

CHAPTER [i736

commanding the entrance of the sound, through which

come, that might be sent against
Frederica, To keep garrisons in these forts, and reim-
burse the €xpenses of their erection, parliament made a
rant of ten thousand pounds,

While governor Oglethorpe was thus employed in
fortifying the province under his command, he received

4 message from the Spanish governor at St. Augustine,

 

 

Certain demands of him,
derica, for that purpose. A few days after, the com.
missioner came to Georgia by water, and governor
Oglethorpe, unwilling to permit him to Proceed to
Frederica, sent a sloop to convey him to Jekyl sound.
Here he unfolded the object of his Mission; i

S0vernor, in the name of the king of
Spain, to evacuate the country, to the thirty-third de.
Sree of north latitude, which his master claimed, and to
which he was determined to maintain his right. The
governor endeavored to i i

 

re peremptory, and the confer.

ance broke up without their coming to any agreement,

Governor Johnston

 

 

1736} THE SECOND. 28

on loose papers, many of them contradictory, others
unintelligible, appearing under ridiculous titles, couch:
ed in a childish style, and offending the common rules
of grammar. He observed, that from the best and
plainest of these laws, the vilest malefactors, not only
might, but did actually escape, with impunity, on ac.
Count of the insufficiency of the jails. He besought
the members of both houses, to consider themselves
as the representatives of such a country, possess.
ing the power and means, and earnestly solicited to
remedy these calamities, and then laying their hands on
their hearts, think how they could answer it to God and
their own consciences, if they neglected the opportunity
of relieving the province, or suffered themselves to be
diverted from it by the arts of designing men. He
complained of the insufficiency of the militia law, and
recommended to the consideration of the houses, the
Propriety of giving encouragement to a direct trade with
Great Britain,

He complained of notorious untruths and impudent
falsehoods, which, with a design of keeping the country
in confusion, had been industriously propagated by a
party, remarkable for nothing more than their indefatiga.
ble efforts in spreading the basest calumnies, and for their
want of shame when detected. He flattered himself, he
had no occasion to say much on this subject, because
it was pretty well known, that if those men had been
permitted, as in former times, to injure the king’s reve-
nue, and oppress their fellow subjects, the province
would not have been troubled with their complaints.
He wished every planter would bring the matter home
to himself, make the case his own, and suppose that in
the late times, when no legal title could be obtained,

 

 
 

 

 

 

 

CHAPTER L1736

which would con-
nive at proceedings like these; he observed, that the case

he had put, was not an hypothesis, but had actually
happened several times, and no one could tell how often
it would have happened, if a seasonable stop had not
been put to it. He said that, for his own part, he thought
he might say, without vanity or Ostentation, that he had
been at great €xpense, and even risked his health, to do

justice to the people, by going on the Spot to hear their
different pretentions, and, on all

occasions, relieving the
poor industrious planter,

from the Oppression of his

the people, not being appre.
hensive, that they were in the least inconsistent with one

 

1737] THE SECOND.

25
another. The address of the upper house echoed the
Sentiments in the speech; the members did not, how
ever, all approve of it; two out of six, Cullen Pol.
lock and Edward Moseley, prayed leave to enter their
Protest against the address, but the house did not allow

it. The address of the lower house has not reached us,
it is believed to have been of a different complexion;

12th of October, the S0vernor came to the upper house,
and sent a message to command the attendance of the
lower; they declined coming up, and the message was
reiterated, without success. The governor then pro-

Fogued the legislative body, without having had any
bill presented for his assent,

Sut success, the court of Madrid increased their guar-

t rigorous orders were given to
the officers commanding them, In consequence of

these, British vessels were oftelt stopped, carried into
Spanish ports, sometimes detained for examination,
and at others condemned, A committee of the mer.
Chants of London, trading to America, presented a pe-
tition to the king, beseeching his ‘interference in this
respect.

With a view to give encouragement to British man-
ufactures, parliament passed a statute requiring every
Vessel, built in America, to be supplied, on her first

Sailing out, witha complete suit of sails, made of Bri-
tish sail cloth

N. CARO. rf, 4
 

 

 

 

26 CHAPTER [1738

This year, commissioners appointed by the legisla-
‘tures of North and South Carolina, began to run the
dividing line between the two provinces. The king
had fixed its beginning at the north-east end of Long
bay, and directed it to run thence, north-westwardly, to
the thirty-fifth degree of north latitude, and thence,
westwardly, to the south sea. It was run to the dis-
tance of sixty-four miles, and it was agreed that the eas.
tern and northwestern frontiers of the lands of the Ca.
tawbas and Cherokees, should, till the line was further
extended, be considered as the dividing line of the pro-
vinces.

The extension of the population of the province, to-
wards its southern boundary, and the width of Albe-
marle sound, rendering the attendance of the members
of the legislature at Edenton, inconvenient, the general

assembly was convened. at Newbern, on the sixth of
March,

A poll tax of five shillings per head on all the tithe-
able inhabitants of the province was granted to the
king, and regulations were adopted to prevent frauds in
the assessment and collection of taxes. ‘Two thousand
pounds sterling were appropriated for the building of a
Jail and also, an office, for the safe keeping of the records
of the general court, in the town of Edenton, and for
the repairing the court-house;, circuit courts were ap-
pointed to be holden in the town of Newbern and
village of Newton, on the river of Cape Fear, An act
was passed for providing a rent roll and
king’s rents, for the remission of the arrears of quit
rents, for quieting the inhabitants in their Seidl
and for promoting the better settlement of the province:

it was, however, repealed by the king’s order in council.

securing the

 

1738) THE SECOND. 27

The population of the province having much increased,
and being spread through a vast territory, often in dis-
tinct settlements, scattered at a great distance from each
other, and sometimes separated by a trackless wild, the
inconvenience of ‘having the fiscal affairs, and the minis.
terial duties in the judicial department, under the direc-
tion of a single individual, began to be severely felt.
His deputies not only often neglected, but at times ab-
solutely refused, to: perform their duties; their con-
duct in many other respects, occasioned great murmurs,
discontents and a delay of justice, greatly injurious
to the tranquility and prosperity of the province. This
evil was remedied by the abolition of the office of pro-
vost marshal.of the province, which Robert Holton, a
member of the king’s council, had held since the arrival
of governor Burrington: the loss which this gentleman
was to sustain, by the abolition of his office, was com-
pensated by a sum of two thousand pounds sterling.
The primary division of the province, into the three
counties, Albemarle, Bath and Clarendon, was abo-
lished, and the precincts were denominated counties;
a sheriff was directed to be appointed in each, chosen by
the governor out of three persons, recommended by
the county court, out of their own body; the office
was made biennial. Provision was made for facilitating
the navigation of the principal rivers, for placing buoys
and beacons in the main channels, and procuring skilful
pilots; regulations were adopted for the preservation
of game, and the destruction of vermin; a town was
established on the west side of Matchapungo river, in
the county of Hyde and called Woodstock.
As the sovereigns of Great Britain and Spain, were
both anxious for peace, their differences were soon ad-

~
 

 

 

 

 

 

28 CHAPTER.

justed, and a Preliminary treaty was signed in London,

on the 9th of September, Spain agreeing to pay ninety.
five thousand pounds sterling, as a compensation for

the depredations, committed by her subjects on the com.
merce of Great Britain in America. Whether the Span-
ish minister had deviated from his instructions, of whe-
ther, as is more likely, the cabinet of Madrid, seeing the
facility with which that of London had yielded to an ae.
commodation, repented of its too easy concession, and
Sought to obtain better terms, Philip, in ratifying the
treaty, insisted, as an indispensable condition of his sig-
nature, that the sum of sixty-eight thousand pounds
sterling, which were due him by the British company
of the Assiento, should be accepted in part of that, stipu-
lated by the treaty,

The court of London complained of this condition,
as an infidelity ; and after the reproaches usual on such
a circumstance, a new negotiation was begun on the
10th of January : it concluded by a vague agreement,
that in case the company of the Assiento should not sa-
tisfy the Catholic king, he would be at liberty to sus.
pend their privilege, and four days after, a treaty was

signed at the Pardo, by which it was agreed, that until —

measures could be taken to conciliate the interest of the

puted ground: the king of Spain pro
five thousand pounds within four Months, and the king
of Great Britain to satisfy the claims of his subjects on
Spain, for spoliation, These terms excited a general

[1739

1739} THE SECOND. 29

indignation. in England; the merchants exclaimed against ~

the smallness of the sum, and the nation, trusting on her
Strength, hoped to be able to reduce Spain to allow: a
Continuance of what.she called an illicit trade, Parlia-
Ment, biassed by the general wish, seemed disposed to

Contest the prerogative of the crown, in making peace
or war.

The ministry, intimidated, discovered no other means
of calming the public mind, than a seeming dere'iction of
the treaty of the Pardo: they suffered to remain in the
Mediterranean, the fleet which had been agreed to be
Withdrawn, and instead. of giving orders for the suspen-
Sion of hostilities in America, dispositions were made
for sending new forces thither. As every thing announced
40 approaching war, Philip was. in no hurry in making
the stipulated payment, and George, pleased with a pre-
tence to gratify his subjects, complained of an infraction
Which was so welcome to him, and pretending great
Anger, granted letters of marque against Spain.

No business of importance came before the general
4ssembly, which was convened at Newbern, early in the
year, Newton, a small village, conveniently situated
Near the conftuence of the two branches of Cape Fear
Tiver, where several merchants and tradesmen had set-
tled, invited by the depth of the water, which allowed
the approach of vessels of considerable burden, was
Now established as atown, and the name of it altered to
that of Wilmington, in compliment to the earl of Wil-
Mington, the nobleman to whose protection, it has been
Observed, governor Johnston’ was chiefly indebted for
his office. ‘The privilege of sending a member to the
lower house of the legislature was extended to the new

town: the collector and naval officers of Port Bruns-

 
 

 

 

 

30 CHAPTER [1740
wick, the clerk of the court, and the register of the

county of New Hanover, were directed to remove their
offices thither.

A formal declaration of war against Spain, was signed
by the king on the 19th of October, and four days after
was proclaimed with great solemnity throughout the
city of London. Admiral Vernon was sent to take the
command of a squadron on the West India station,
with orders to act offensively azainst the Spanish do-
minions in that quarter, and governor Oglethorpe was
directed to annoy the subjects of Spain in Florida, b

every means in his power: he immediately determined
on an expedition against St, Augustine,
cated his design to lieutenant governor

Carolina, and governor Johnston,

the plan before the legislature of his province, which was

then in session : they voted one hundred and twenty
thousand pounds, for the service of the war, anda regi-

ment of four hundred men was raised, partly by gover-
nor Bull in that province, recruits being'made in North
Carolina under the auspices of governor J ohnston, and

in the province of Virginia under those of governor
Gooch; colonel Vanderdussen was appointed to the

command of this regiment. Indians were sent for from
the different tribes in alliance with the British, and Vin-
cent Price, who commanded the ships of pi on this
station, furnished four twenty gun ships and two sloops.
Governor Oglethorpe, having appointed the mouth of
St. John’s river for the place of §eneral rendezvous, re-
turned to Georgia, and, placing himself at the fend of
his own regiment, on the 9th of May passed over to
Florida; on the following day he infested fort Diego,

at the distance of twenty-five miles from St. Augustine;

and communi-
Bull of South
The former laid

 

1740) THE SECOND. ad

after a short resistance, the commanding officer capitu-
lated, and lieutenant Dunbar, being left in the fort witha
Small garrison, the governor proceeded to the place of
rendezvous, where he was joined by colonel Vander-
dussen’s regiment, and a company of Highlanders under
captain M’Intosh: but, before this time, six Spanish half
galleys with long brass nine pounders, and two sloops
laden with provisions, had arrived at St. Augustine, and
the army, now consisting of a little more than two thou-
sand men, regulars, provincials and Indians, moved to fort
Moosa, within two miles of St. Augustine. On its
approach, the garrison abandoned the fort and retreated
into the town; the goveanor burnt the gates of the fort,
made three breaches in its walls, and advanced towards
the town and castle ; he soon discovered that an attack

by land upon the town was impracticable, and that an
attempt to storm the castle would be precarious and

dangerous ; the enemy was too well prepared to receive
him; during his stay at Fort Diego, they had drove all
the cattle from the woods around the place, into the
town; the garrison consisted of seven hundred regulars,
two troops of horse, besides the militia of the province,
two companies of armed negroes and some Indians.
The castle, built of soft stone, had four bastions, a cur-
tain sixty yards long, and a parapet nine feet thick ; the
rampart, which was twenty feet high, was casemated un-
derneath for lodgings, arched over, and newly made
bomb proof; fifty pieces of cannon, a number of them
twenty-four pounders, were mounted; the town was,
besides, entrenched with ten salient angles, on each of
which some small cannon were placed.

In these circumstances, it was resolved, with the as-
Sistance of the ships, to turn the siege into a blockade,
 

CHAPTER

 

 

 

 

[1740
bs 56 apg fren 00 at yes 1740) THE SECOND. 83
3 » colone tr, , i
ninety-five Highlanders and “te Snatirenten and according to their mode of 7 = ae
at fort Moosa, and directed to scour the woods and in- brought it to the a csampiy® ch pate
tercept all supplies from the country by land; colonel Ocglethorpe : he called them cans Sg: eg cbt
Vanderdussen, with the Carolina regiment, was sent to bid them be Boe. «This Pree eae omplained
take possession of point Quarsel, about a mile distant Politic, exasperated - erp erie nied the head
from. the town, and erect a battery ; while the governor, of it, observing, that if one piitom am Ma he would
with his party and the Sreatest part of the Indians, land. _ 0f an Englishman to the Spanish ere Is stationed
ed on the island of Anastasia; hence he resolved on _ have been sepierband ee ee all vessels
Storming the town; captain Green, with one. of the at Matanzas bebe’ piered ch some ey ssed.
ships, guarded the passage by the way of the Matanzas, Spel: Eavadl:, sotthetoatiety Ae ee eae aaa
and with the rest the mouth of the harbor, so as to cut Ona sh hiet Sean ere. ae that
off all supplies by sea ;. batteries were erected on the — some Spaniels peisbners, taken oon iter Seported, and
island, and cannon mounted. These dispositions being hin seer ener nanenl wiiieres Hanes wile,
made, the governor thought himself in- a situation to the supply of provisions oe — : to
summon the place to surrender, but the Spanish com- The governor now despai a bajar | ne te
mander returned for answer, he would gladly shake Surrender : his men were — 8: by ia .
hands with him in the castle. On this, the governor “bled by heat and fatigued; his ingpes lhe dason
opened his batteries against the castle, throwing at the Some, the navy was short anh Hamann an ttem
same time a number of shells into the town : his fire of hurricanes ‘was ef went rod aay <
was spiritedly returned from the castle and half galleys Rarer a: det: ern Wi
but the distance Was So great, that though the éatinon. nor reached Frederica on es: _ Nephi. Qist of A
ade was continued on both sides for several days, very At the meeting of the legislature, on vith : rte ered
little execution was done. It was thought of destroy. Sust, in the town of Edenton, peas ‘ oe hich he
ing the half galleys by a nightly attack, but on sounding Municated to the two houses the OS wan : .
the bar, it appeared impracticable to employ the large had lately received, to enlist men in the Kitg’s erode |
ships, and the galleys being covered by the cannon of the and to apply to the pects ei ca ta sap meal :
castle, to send small vessels on this service appeared too ed that the troops, thus raised, would be at the "Coal
rash A detachment of three hundred Spaniards sallied , Of the province, transported tothe Sabre 2 <n el
outand surprised colonel Palmer’s party at fort Moosa Other troops sent ‘thither, on an intended , lle
and cut them almost entirely to Pieces : some of the against the Spaniards, and pressed ‘them to Maerful
Chickasaw Indians, in escaping, met with a Spaniard, ‘Relerbeyalegeesdl deity to: Sae says aan

compliance with his desire: he added, that in compli-
N. CARO. Ile 5

 
 

 

 

 

 

 

34 CHAPTER ©

ance with his instructions,
hundred men.

[1740
he had already enlisted four

for this service. The po-
verty of the people and the great scarcity of

ting medium rendered it impossible to collect
money,

modities
tual ex

a circula.

a sum of
sufficient for this Purpose: a levy in t

of the country appeared to be the o
pedient : accordingly, a poll tax of th
proclamation money was laid, to

rice, Indian dressed skins, beeswa
beef: the inhabitants of that
fore called ‘Albemarle County, were allowed to dis
it at their option, in

charge
bills of credit, at the rate of seven

nly effec-
ree shillings
be paid in tobacco,
x, tallow, pork and

commodities was extended to

the discharge of taxes, fines and forfeitures, Ware-

houses, for receiving the
be built in each county,

With a vi® to give greater encouragement to settlers
in the American provinces,

ament, in some protest-
ant or reformed congregation,

Quakers and Jews from the last formality.

 

35
1241) THE SECOND.

The statute, allowing bounties on the cette —
Great Britain of naval stores, masts, &c. from " nse
rican provinces, which was about to expire, .
tinued for the further period of ten esr: sen

In April, 1740, the merchants of 7 7 = Yr
trading to America, complained to a
commons, of the inconvenience and disco — *
brought on the. British commerce, in oe watt
the excessive quantities of paper oxen . oi a}
and the depreciated oe rig - ; iy ee om
proper funds to support its credit. : pyen

f palliation, addressed the t rone, :
sites stop to the evil, by ore sl —
nors not to give their assent to any fur he ag
that nature, without an express yo ances
should not take effect, until the king’s appro

s first obtained.
Early in the following year, the four minions eg
listed in the province were transporte : ise
par rena ot 7 eon Seidl had not

dmiral Vernon.

= feos was expected, and which the a
ority of the forces, employed, seemed to ego A ee
the month of March, the British troops CG Frat
selves of near all the forts and batteries w a ipo
the harbor of Carthagena, and on the oth o : vs a
grand attack was made on fort St. Lazarus : it " ig
proved unsuccessful. This misfortune, noo pee
by a great mortality among the officers and so — a
siege was raised and the troops re-embarked on be:
However, all the castles and forts which guar
harbor were demolished ; six ships of war, as a
Jeons, and all the other ships in the harbor, we'
 

 

 

 

 

 

or destroyed, and many hundred guns carr;
_rendered useless, cael ete oie se

: The legislature met at Edenton early in the
Hs attention was taken up by objects of mtern
The county of Edgecombe, which had been erected b

an order of governor Burrington in council, was vd
firmed by law; atown was established on Mittam point

on the south side of New river, in the county of mais
low, to which, in compliment to the governor, the name
of Johnston was given; an ecclesiastical division of the

Province into fourteen parishes took pi
> Place, and the elec.
tion of churchwardens and vestrymen was regulated; i

vision was made for the erection of churches and procu
ring ministers ; an act was passed, acc iy

the rights and duties of master and sery
prehension of fugitives,

slaves, and some restra
of them,

Few sessions of the legislature had.ever been pro
ductive of so many useful acts; laws were made sail

cerning marriages ; to prevent usury 5 to ascertain the
damages on foreign bills; for the suppression of j

rality ; the improvement of roads and inland navi nity
to prevent the stealing of cattle, boats and Pr ; pe

al policy.

\ ant, for the ap.
and the trial and Punishment of

int was laid on the emancipation

. latter part i
the legislature was convened at Wine pier:

sion was but of short duration : the county of Bertie
was divided, and the upper part of it established as a

 

36 CHAPTER [ivas

spring ;

 

1742) : THE SECOND. =

new county, to which the name of North Hampton was
given ; ari act was passed for establishing ports, or places
of delivery and shipping of merchandize, imported or
exported; and to prevent the clandestine running of
goods, which was soon after repealed, experience having
shown, that its effect was to drive a considerable part of
the trade from the province to Virginia.

Disturbances occasioned, in Massachusetts, by the
abuses introduced by a banking company, in that pro-
vince, induced parliament to pass a statute, prohibiting
the establishment of banks, in the British colonies, on
the continent.

Although the territory granted, by the second charter
of Charles IL., to the proprietors of Carolina, extended
far to the south west of the river Alatamaha, the Span-
iards had never relinquished their claim to the province
of Georgia: their embassador at the British court, had
even declared, that his master would as soon part with
Madrid. Admiral Vernon had so much occupied their
attention, in the West Indies, that they had not been
able to bestow much of it on the recovery of that pro-
vince. But, as soon as the admiral returned home, they

began their preparations for dislodging governor Ogle-
thorpe. With this view, don Antonio de Rodondo,
embarked at Havana, with two thousand men, under
the convoy of astrong squadron: the expedition reached
St. Augustine in the month of Mav. |
Governor Oglethorpe, having had early information
of their approach, sent to governor Glen, of South Car-
olina: in the meanwhile, he made every preparation at
Frederica, for a vigorous defence; and his Indian allies,
who were greatly attached to him, soon crowded to hig
camp ; and accompany of Highlanders joined him, at the
 

    

 

 

38 CHAPTER (1742

the province of South Carolina, deserted their habita-
tions, and, instead of joining the forces in North Car
olina, flocked to Charleston, with their families.
slaves, and most valuable effects. It was then des
termined to fortify the town, and abide in a posture of
defence. -A want of confidence, in governor Ogle.
thorpe’s military talents, produced by his sieieioesahi
expedition against St. Augustine, recommended this
measure. It was not thought, that, on the event of the
§overnor being crushed, the reduction of Georgia would

Open an easy access to the enemy, into the heart of South
Carolina, the force of the two provinces, becoming by
?

px mehr unequal to the defence of either
n the latter part of June, thirt ¥

’ y-two sail, und
erders of don Manuel de Montanio, brought ine

» and his two thousand men, rein.

The fleet anchored off Simore’s bar and came in with
the tide, into Jekyl sound. Governor Oglethorpe ee

was at Simore’s Fort fired at them as they th : sg
returned his fire, and proceeded up the river Alatar h :
out of the reach of his guns. Among their Pon .
a regiment of negroes, the officers of which decked in
lace, bore the same rank as the white ofliders, and ith
equal freedom and familiarity, walked and i Pie

with the commander in chief. This Srcheiancna te

ants of South Caroli
; : olina
waere, there being so many negroes, this regiment would

soon have acquired such a force as mi

ae ? might h
every Opposition. Unable to Stop the coun _
enemy, the governor spiked the Suns, burst the bombs

and cohorns, destroyed his Stores, and retreated to Fred.

   

first notice. The inhabitants of the southern part of

 

1742) THE SECOND. 39

erica. The enemy was too strong to warrant his acting
otherwise, than on the defensive. He sent out strolling
parties, to watch the motions of the Spaniards, while he
employed his main body on the fortifications. At night,
his Indians were employed, ranging through the woods,

and harrassing the Spanish outposts. They brought
him five prisoners, by whom, he became acquainted

with the extent of the force against him. Still expecting
assistance from South Carolina, he exerted all his ad-
dress in gaining time, and keeping up the spirits of his
garrison. For this purpose, the Highlanders were de-
spatched to reinforce the Indians, and assist them in ob-
structing the approach of the enemy. His principal
force did not amount to seven hundred men.

‘The enemy made several attempts to pierce through
the woods, but met with such opposition from deep mo-
rasses and dark thickets, lined with fierce Indians and
wild Highlanders, that they honestly confessed, the devil
himself could not pass through them, to Frederica.
Don Manuel, however, had no other prospect left: one
party was sent after another, to explore the thickets, and
occupy every advantageous situation. In two skir-
mishes, with the Highlanders and Indians, the enemy
had one eaptain and two lieutenants killed, and one hun-
dred men taken prisoners. The Spanish commander
now altered his plan, and, keeping his men under cover
of his cannon, proceeded, withsome galleys, up the river,
with the tide, to reconnoitre the fort, and draw the go-
vernor’s attention elsewhere. A party of Indians was

sent to lie in ambuscade and prevent the landing of the
Spaniards. Governor Oglethorpe, having learned from
an English prisoner, who effected his escape, that differ-
ences had arisen to such a height in the Spanish army,
    

 

 

7 fa

 

40

that the forces from Cuba, and those from St, Augus-
tine, encamped in different places, determined on a sure
prise of one of the camps ; and, availing himself of his
knowledge of the woods, marched out in the night, with
three hundred choscn men, the Highland company and
Some rangers: he halted at the distance of two miles,
and taking with him a small party, drew closer, to ob.
serve the position of the enemy. At this moment, while
every thing depended on the concealment of bis ap-
proach, one of his party fired his musket, ran off
and alarmed the Spaniards. ‘This treachery disconcert-
ing his plan, the governor brought back his party to
Frederica. With a view to prevent any credit to the
report of the deserter, by whom he apprehended his

e known to the Spanish com.
mander, he wrote a letter to this man, desiring him to

represent Frederica to the Spaniards, as a weak and de-
fenceless port, and induce them to come and attack it;

possible artifice, to induce them t

' days more where they were, as advices were received
that, within that time, two thousand men would ries
to the relief of Georgia, from South Carolina, with six
ships of the line; and, above all, urged him to conceal
from the Spaniards, the approach of the British fleet to
St. Augustine, promising him the highest reward, if he
acted his part well. This letter he gave to one of the
Spanish prisoners in his camp, who, for the sake of ob-
taining his liberty, undertook to give it to the deserter
instead of which, agreeable to the governor’s ‘iiiiie.
tion, he placed it in the hands of his commander.

This letter gave rise to various conjectures: the
Spanish general had the deserter put in irons, and. called

O stay at least three

CHAPTER | tive

 

 

1749] THE SECOND. ~ 41

Drom

4 council of war, to determine on the proper steps to
be pursued. Some of the officers were of opinion, the
letter was written with a view to its being intercepted,
and to prevent the attack on Frederica: others, on the.
Contrary, thought the contents of the letter very pro-
bable, and recommended the dropping of a plan, which
Was attended with so many difficulties, and the issue of
which hazarded, not only the loss of the army and the
fleet, but that of the whole province of Florida. Du-
ring this deliberation, three ships of war, which gover-
nor Glen had sent out, came in sight. This accident,
corresponding with the letter, convinced the Spanish
Commander that it was no fiction; and the army was
struck with such a panic, that they immediately set fire
to their works, and embarked in great hurry and con-
fusion, lea¥ing behind several cannon and-a quantity of
military stores. ‘The wind prevented the British ships
from beating up the river, and, before the morning, the
invaders passed them and escaped to St. Augustine.
This attack. on a neighboring province, notwithstand-
ing its failure, manifested the necessity which there was,
for the rest of the provinces to place themselves in a
Situation to repel invasion. France could not be ex-
pected, much longer, to retain her neutrality. The
Natural alliance, which subsisted between the princes
‘Who filled the French and the Spanish thrones, forbade
the belief, that Great Britain might long carry on the
War against one of them, without his being openly
Supported by the other. Indeed, Great Britain and
France observed each other, and each expected, that the
Other would soon begin the contest. The northern
Provinces were prepared to meet the foe. Every forti- .
fied place had been repaired and improved: the militia
‘ N. CARO. I. 6
 

 

 

 

 

 

 

 

 

a 4 CHAPTER. ? ’ f 1743

were training, and no measures were neglected, to place

the country ina state of defence. In Europe, great pre-
parations were made every where. The arsenals of both
nations were full of workmen, and, although each sove-
reign held out, as the ostensible object of his move-
ments, the support of one ofthe personages, who was
contending for the imperial diadem, each contemplated
the probability of soon using the means, which were
providing, in a different undertaking.

In opening the next session of the legislature, on the
2d day of April, in the town of Edenton, governor
Johnston endeavored to impress upon the house the ne-
cessity of making preparatioris, against the impending
danger. His representations, however, were not of
much avail: they intended, only to procure an act for
erecting magazines, in the several counties.

- The election of members of the legislature, was regu-
lated at this session: the qualifications, required from the
electors, were a freehold of fifty acres, and six months?
residence in the county. Those of the elected were a
freehold of one hundred acres, and twelve months’ resi-
dence. ‘The suffrages were to be given by ballot.

The statute, allowing a bounty on the importation of
naval stores, from the American provinces, being nearly

expired, was, this year, continued for the term of seven
years.

Three thousand families, at an immense charge to

government, were transported into Nova Scotia at once,
and three regiments stationed there, to protect them
from the Indians.

In the following year, John, lord Carteret, afterwards
earl of Granville, presented a petition to the king, pray-
ing that the eighth part of the original province of Caro-

 

 

1744] THE SECOND. 43

lina, reserved to him by the act of parliament, establish.
inz an agreement with the other seven lords proprietors,
for the surrender of their interest to the crown, might
be set apart, offering to resign his interest in the govern-
ment and his title to the other seven eighths. The pro-
position being accepted by the crown, five commission-

ers were appointed by each party, for making the divi-
sion. The territory allotted to him was bounded on

the north, by the line separating the provinces of Virgi-
nia and North Carolina; on the east, by the Atlantic
ocean; and on the south, bya line, drawn westward,
to a point on the sea shore, in latitude thirty-five de-
grees and thirty-four minutes, and, agreeably to the
charter, on the west, by the Pacific ocean. Shortly
after, a grant of the eighth part of Carolina, together
with all yearly rents and profits arising from it, to John,
lord Carteret, and his heirs, passed the great seal; but
the power of making laws, calling and holding assem.
blies, erecting courts of justice, appomting judges and
justices, pardoning criminals, granting titles of honor,
making ports and havens, taking customs and duties on
goods, executing martial law, exercising the royal
rights of a palatine, or any other prerogatives relating to
the administration of government, were excepted, out
of the grant; the whole was to be holden on the payment
of thirty-three shillings, and four pence, yearly, forever,
with one fourth of all the gold and silver ore.

With a view to encourage the colonists, to fit out
privateers, the provincial courts of vice admiralty were
authorized to take cognizance of prize causes, and con-
demn vessels, by a statute of this year.

Chalmers—History of South Carolina—Records.

aa 8 Lees tr ORR Ue AT. 12k ge Rea as oO al
 

 

 

 

 

 

 

 

    

Great Britain. This was only the addition of a
ceremony, and the French governor,

ton, having received previous information of the
intention of his sovereign, took early measures to

attack the British fishery at Canseau, The island

was taken, and its Sarrison and inhabitants made

prisoners of war, on the 13th of May.

This suc.
cess encouraged an attempt on Annapolis, but a

timely reinforcement, from the province of Massa.
chusetts, occasioned its failure.

at cape Bre-

condition of the ports,

from its known depth of water, seemed t¢
insult and invasion. This induced the legislature,
which sat in Newbern, on the 2d of April, 1745, to
order the erection of a fortification on the south
bank of that river, near its mouth, sufficiently large

to contain twenty-four pieces of cannon, with bar-
racks and other conveniencies. This Was soon af-

ter effected, and the work was called Fort Johnston,

in honor of the chief Magistrate, with whom the
Proposition had originated,

© invite

EL LTR ALT La aa a

1746) CHAPTER. va

The protection thus afforded to this part of the
Country, and the trade of the river, which consisted
Chiefly in rice, naval stores and lumber, commodi-
ties of great bulk, requiring larger vessels than
Could conveniently reach the wharves of Wilming-
ton, the village of Brunswick, which lay nearer to
the sea, was believed to be a spot, which in time,
Would become the site of a an important maritaye
town; with the view to aid its further settlement, it
Was by law, established asa town. The experi-
€nce of nearly half a century has not added its
Sanction, to the idea of its future grandeur.

In the meanwhile, prince Charles Edward, grand-
80n of James II:, made an attempt to ascend the
throne of his ancestors. He embarked on the 12th
of June, on board of an eighteen gun frigate, with-
©ut having acquainted the court of France, with
his views, with no other preparations to conquer
three kingdoms, than seven officers, eighteen hun-
dred sabres, twelve hundred firelocks and twelve
thousand louis d’or, which he had borrowed, and
Not one private soldier. He landed in the south-
West of Scotland, where the inhabitants rose in his
favor, and a piece of laffeta, which he had brought
from France, serving for their royal standard, was
Shortly surrounded by fifteen hundred men. He
led them to the town of Perth, of which he took
Possession: here a few Scotch lords joined him; and
the army, a few days after, entered Edinburgh;
from thence he proceeded to Pressonpans, where he
btained a signal victory over an army of English-
™en and made as many prisoners as he had sol-
diers, Carrying all before him, as far as Carlisle.

os Rae

 
     
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  

 

 

 

 

 

 

46° CHAPTER [1745

he advanced within ninety miles of London, his
force being swollen to eight thousand: meeting a
second British army at Falkirk, he gained a second
victory, and a third on the next day: but at last he
received a total overthrow at the battle of Cullo-
den, within a few leagues of Inverness, and his
whole army was dispersed. His subsequent adven-
tures resembled those of his great grand father,
Charles IL. after his defeat at Worcester; wander-

: ing from place to place, destitute of all succour,
skulking in forests, shifting from cavern to cavern,

flying to desert islands, distressed for want of food
and raiment, and closely pursued by those who
thirsted after his blood, for the sake of a pecuniary
reward, offered by the person who occupied his
father’s throne. He at last eluded their pursuits by
‘a flight which added to his glory.

In the spring of this year, a trader of New Eng-
land proposed to his countrymen, a plan for taking
Louisburg, the chief city of the island of cape Bre-
ton. The proposal was generally approved, and

money was raised by a lottery, for the purpose of

raising four thousand men. This force was armed,
provisions and transports were obtained by volun.
tary contributions; the command of it was given to
colonel Pepperel, a merchant of Boston. ‘The ex-
pedition embarked on the 24th of March, and arriv-
ed at Canseau on the 4th of April, where they were
joined by a small reinforcement from New Hamp-
shire. On the 23d, commodore Warren arrived
with a smail squadron; soon after, the troops em-
barked, and the naval force went to cruise off Lou-

isburg. The landing was effected with some loss

1746} THE THIRD. “at

and in the course of the night, Vaughan, with a bo-
dy of four hundred men, marched round to the
Northwest part of the harbor, and set fire to a num-
ber of warehouses, containing spiritous liquors and
naval stores. The thick smoke, driven by the wind
on the principal battery, disabling the defenders of
it to distinguish objects, even at a small distance,
favored the idea which they entertained, of the
magnitude of the assailant force, induced them to
abandon the fort, and seek refuge in the town. In
the morning Vaughan, with thirteen men only, en-
tering the battery, defended it until a reinforcement
Came to his support. While these approaches
Were making by land, the ships cruised off the har-
bor, and captured a ship of war, having on board a
reinforcement of men and stores, for the besieged
garrison. Soon after, an unsuccessful attempt was
made on the island battery, in which sixty men were
killed and one hundred and sixteen made prisoners,
Works were erected on a high cliff, at the light-
house, which much annoyed the island battery:
Preparation were making for a general assault,
when the town surrendered on the forty-ninth day
of the siege. Onthe 16th of June, the whole island
Was in the possession of the besiegers.

The legislature, in the course of this year, sat at
Newbern in June, and at Wilmington in December;
both sessions were short. Attempts were made to
put the militia in a situation to be of some service;
the counties of Craven and Edgecombe were divid-
‘ed, the western part of the former was erected into
anew county, to which the governor’s name was

: given, and the northern part of the latter, into ano-

PERE PEE TOT cs IA SR RS 250

 
 

 

 

 

 

48 CHAPTER (1746

ther, which, in compliment to the nobleman, owner
of the soil, was called Granville. Hitherto, the
northern counties had claimed and enjoyed the pri-
vilege of sending five members to the lower house
of assembly, while those of the other parts of the
Province, all of which were much larger,
of them of a much greater population, sent but two.
This distinction was abolished: every county was
declared entitled to the latter number and no more.

The right of the towns of Edenton, Bath, Newbern
and Wilmington to one representati

cognized. The speaker and fou
were declared a quorum.

The extension of population, towards the south.
ern and western parts of the province, leaving the
town of Edenton at a Considerable distance from
the center of the settled part of the province, the
Supreme court of judicature, was removed from
thence to the town of Newhbern. A new court law

was passed: the general court was Composed of a
chief and three associate justices,

and terminer, assizes an
den at Edenton, Newbern, Wilmington and at the

ve each, was re-
rteen members

. > @ general
>» €xempting from trial
and punishment nineteen individuals out of twenty
among the rest, on their being transported to Ame-

SET ae LD LAT OTS SSA TE

 

 

i” 47] THE THIRD. 49

rica: they drew lots for this purpose. , They a ac-
Companied by a number of others, who, i they
had not taken up arms, favored the Prince’s cause,
and voluntarily shared the exile of their countrymen.
A considerable number of them came to North Car-
olina, settled on Cape Fear river and formed the
settlement in the middle of which the present town

of Fayetteville now stands. ° |
f tes provincial laws were in the hands of the in-

habitants, on loose manuscript sheets, forming a
chaos, from which information could only be obtain-
ed at the expense of much time and drudgery. To
remedy tiis evil. the legislature, at their next ses-
sion, appointed four commissioners to revise the
code and print such acts, as were in form and use.
This measure had been hitherto recommended in
vain by governor Johnston, since his nici -
had been long and earnestly desired by the frien
of order. The commissioners, appointed, were
chief justice Hall, Edward Moseley, Samuel Swann,
the speaker of assembly and Thomas Barker, an
eminent attorney. The contingent fund ccna
Sufficient to meet the expense of this Bers
a duty of three pence was laid on every gallon o
Wine and distilled liquor, and four pence on every
hundred weight of rice, imported from any place
out of Great Britain, and so scarce was the circus
lating medium, that, although bills of credit were
receivable in payment of this duty, it was thought
necessary for the collection of it, to authorize the
receipt of the articles on which it was laid, in pay
ment.

N. CARO. Il. 7
ET:

|

    

 

 

CHAPTER [1147

# The statute for the encouragement of the manu-
facture of British sail cloth, and that allowing the
direct exportation of rice from the Carolinas and
Georgia, to the ports to the southward of cape Finis-
terre, which were now expiring, were continued for
seven years longer.

The importation of tea into the American pro-
vince, without paying the inland duty, was allowed;
and it being judged, that the cultivation of indigo,
in the colonies, might be greatly advantageous to
the trade of the nation, as great quantities were
used in dying the manufactures of the kingdom, the
supply of which, being obtained from foreign coun-
tries, was at all times uncertain and the price fre-
quently exorbitant, and the plant appearing to thrive
in the Carolinas, there was room to hope the raising
of it might, by proper encouragement, be increased
and improved to such a degree, as not only to an-
swer all the demands of the king’s subjects, but
considerable quantities might also be exported to
foreign markets; a bounty of six pence. per pound
was granted on all indigo, exported therefrom to
Great Britain.

'. The attention of the legislature, at their next session,
on the 6th of April, at Newbern, was directed to some
depredations and insults, committed by the privateers of
the enemy, in the inlets and such ports of the province,
as were of easy access: sometimes cutting out vessels
and carryingithem away, at others, running up the rivers,

landing and plundering the plantations. A law was
passed for erecting fortifications at Ocracock, Topsail
an Bear inlet! and for finishing fort Johnston. To
defray the expenses of their construction, a grant of

SES

 

4748] THE THIRD. 51 >

twenty-one thousand three hundred and fifty pounds was _
made to the king, and an emission of bills of credit, to
the same amount, was directed. The paper currency
in circulation, denominated Old Proc. was so depreci-
ated, that it passed at the rate of seven and a half for one;
it was directed to be exchanged on these terms, and
the exchange between proclamation money and sterling
was fixed at four for three. A poll tax of one shilling
was laid for the redemption of the bills issued, to con-
tinue until they were absorbed. Hitherto, the sheriffs
and all collectors of the public money accounted and
paid the balances in their hands, to a committee of the
legislature: during the bustle of the session, there was
seldom time for a minute investigation of the accounts
of the officers who attended; never any to send for those

who kept away. The consequence of so loose a prac-
tice, caused the utmost confusion in the fiscal affairs of

of the colony; a remedy was now attempted to be ap.
Plied to the growing evil. The province was divided
into two districts, treasurers were appointed, before
whom, it was made the duty of holders of public money,
semi-annually to appear, exhibit their vouchers mise
their accounts.

The casual emoluments of officers were fixed by a
new fee-bill.

With a view to give some encouragement to the tan-
ning of leather, which was attempted in several parts of
the province, a law was passed, prohibiting the pape
tion of raw hides and skins.

At the request of the Tuscarora Indians, who melee
tained behind, when the main body of the nation, early
in the century, emigrated towards the northern lakes,
the lands allotted them by the treaty of 1719 were laid

 
  
  
  
  
 
 
  
  
  
 
  
  
  
 
  
  
 
 
  
 
 
  
 
  
  
 
  
  
  
 
 
  

~ CHAPTER “us

out and marked off. All persons were prohibited from
purchasing any part of them, and the enjoyment of the
rights of the white owners was postponed until the
lands were abandoned by the Indians; settiers were re-
moved and all persons inhibited from ranging stock on
these lands.

A rent roll was directed to be made of all the lands,
holden in the province: such persons, whose convey-
ances were not already recorded, were required to regis-
ter them within twelve months, in the office of lord
Granville, at Edenton, for the northern part of the pro-
vince, and in that of the auditor general, in the rest of the
province, or in the office of the register of the county in
which the land lay ; and. all conveyances, in regard to
which'this formality was neglected, were declared void.
Butall persons who had lost the evidence of their titles,
having had possession for twenty-one years, on due
proof, were declaredito have a good title against the king
or earl, paying the highest quit rent in the country : in.
digo and tobacco were declared a'tender, in payment of
quit rents. ‘

_ The fate of the provincial ‘laws, after copies of them
were transmitted by the governor to England, depending
much on the report of the king’s counsel, appointed for
' the special service of the board’of the lords commis-
sioners ‘of trade and plantation, and the ‘opinion of this
gentleman being naturally much influenced by the idea
and information he received of the reasons, circumstances
and views, with which the act had been passed, most of
the provinces had found it their interést to have an agent
in London, whose duty it was to attend the reporting

council, make such explanations and give such in.

 

 

[phe een R ARSON ie aR SETS

 

 

1748] THE THIRD. 58

formation, as ‘would lead his opinion to a favorable re-
Port, and wait on the board after it was delivered.

The success of the affairs of a province oftemmateri-
ally depended on the ability and industry of this agent,
for the great officers of state would not take the vague
information’ of individuals, but transacted all business
With the provinces, by asking and knowing their senti-
ments, through the means of their agents, Without some
person of this character in England, their business
there slept : memorials, addresses and petitions passed
through his hands: it was his duty to improve every
Opening for the encouragement of the trade of the pro-
vince that employed him, and to obviate any scheme
that might hurt it. For this purpose, he was to watch
the intentions of parliament and transmit early and accu-
rate information of them to his constituents. ‘The pro-
vince having hitherto suffered from the want of an offi-

* cer of this kind, the trust was now committed to James

Abercrombie of London.

Towards the middle of April, the preliminary articles
of a treaty for a general pacification were signed at Aix-
la-Chapelle, by the British, French and Dutch plenipo-
tentiaries ; in the following month, the empress queen,
king of Sardinia, and duke of Modena acceded to them,
and soon after, the king of Spain, the republic of Genoa,
and the rest of the contending powers. The definitive
treaty was signed in the month of October: by this in-
Strument the island of cape Breton was restored to
France.

Early in November, a number of Spanish privateers
came up a considerable distance in Cape Fear river,
and committed great depredations; one of them
Was blown up, anda number of negroes and some valu-

 
 

 

  

54 CHAPTER [1749

able effects were taken out of the wreck: the proceeds

of the sales of this property were afterwards applied to
the building or repair of the churches in the towns of

Brunswick and Wilmington, in the neighborhood of
which the injury had been sustained.

The people, known by the appellation of the Unitas
Fratrum, or the United Brethren, obtained in the follows
ing year, a statute of the British parliament, authorizing
them to establish settlements in the American pro-
vinces.

A printing press was this year imported into the pro-
vince and set up at Newbern, by James Davis, from
Virginia: this was a valuable acquisition, for, hitherto
the want of an establishment of this kind was severely
felt: the copies of the laws, being all manuscript, were
necessarily very scarce and it is \kely faulty and inac-
curate.

With a view to offer employment and an asylum to
the great number of soldiers and seamen, who were
discharged from the king’s service at the peace, and to
promote the settlement of the province of Nova Scotia,
the lords commissioners of trade and plantations offered
land to them, free from quit rent for ten years, and sub.
ject afterwards to a yearly rent of one shilling on every
fifty acres: those who availed themselves of this offer,
were offered their subsistence during the passage and one
year after their arrival. ‘The same offers were also held
out toartificers, useful in building and husbandry. A
number of people, impelled by this encouragement, emi-
grated and the ‘own of Halifax was established.

The legislature, which sat at Newbern this year, held
three sessions: the. calm of peace was improved and

several important laws were passed: the revisal of the

eee 1) EER OEE S PTT

 

1749} THE THIRD. 56

acts of the general assembly, completed by Samuel
Swann, was offered to the legislature, examined and ap-
proved. The judges having hitherto often differed in
opinion, with regard to such acts of the parliament of
the mother country, which were in force in the colony,
the question was settled by the authority of the legisla.
ture, who passed an act containing the title of every
Statute that was recognized as in force and use, and all
others were declared of no validity ; but, as the mother
country was not prepared to allow the colonies to shake
the authority of her parliament over them, the law re-
Ceived the royal disallowance. Provision was made for
the relief of insolvent debtors, for docking entails of

Small estates.
The counties of New Hanover and Bladen were di-

vided, and the western part of the former was erected
into a new county by the name of Duplin, and that of
the latter into another called Ansa, in honor of the late
eircumnavigator of the world.

A town was established on the north side of Roanoke
river, in the county of North Hampton, to which the
name of Hawns was given, from an English barony of
that name, owned by lord Granville ; the law, authori-
zing the first erection of a toll bridge, was passed this
Session, and the bridge was soon after built over the
river Trent; the grantee’s interest was extended to

twenty-five years.

The culture of raw silk, in the British American colo-
nies, was encouraged by an exemption from duty on its
importation into Great Britain ; the same‘immunity was
©xtended to bar iron, imported into the port of London,
and pig iron into any port of Great Britain. ‘These ad-

 
 

 

 

 

 

 

 

 

 

56 CHAPTER - [1749

vantages were, however, far from being gratuitous ; they

were more than counterbalanced by severe restrictions.

The erection of slit mills and iron furnaces, in any

part of the provinces, was strictly prohibited ; they were

declared public nuisances, and the governors were spe-

cially charged to cause them to be destroyed ; the colo-

nists were not suffered to extend their works in these.
manufactures even for their own use; slit mills and steel

furnaces, heretofore erected, were however permitted to

stand and be employed. |

The boundary line between the provinces of Virginia
and North Carolina, had been run from the sea shore to

Peter’s creek, which falls into Dan river, a little below
the Saura towns : it was now continued, by commission-
ers appointed by the legislatures of the respective pro-
vinces, to Holstein river, directly Opposite to a place
called the Steep Rock, a distance of ninety miles and two
hundred and eighty poles. The commissioners of Vir-
ginia were Joshua Fay and Peter Jefferson; those of
North Carolina, William Churton and Daniel Weldon.

The greatest injury which France had sustained du-
ring the war, had fallen on her navy ; she applied herself
in the calm of peace to repair her loss ; her activity ex.
cited the apprehension of Great Britain for her com-
merce and her colonies. There existed, however, be-
tween these powers, differences in regard to their Ame-
rican possessions, to which the treaty of Aix la Chapelle
had not put an end: the boundaries of Nova Sco-
tia, which the British extended far into Canada, and
the French restricted to the peninsula between New-
foundland and New England, and the islands of St. Lu-
cia, Dominique, St. Vincent and Tobago, of which the
two nations claimed the property,

ER a LOM SRE TL oS EER, MES a

1750) THE THIRD. 57

Commissioners were appcinted on both sides, who
met at Paris in the latter part of September, 1750.

The Moravians or United Brethren, purchased from
lord Granville a tract of one hundred thousand acres,
between Dan and Yadkin river, about ten miles to the
cast of the Gold mountain: they gave it the name of
Wachovia, after an estate of count Zizendorff, in
Austria.

The legislature met in the town of Newbern; in the
month of June. Objects of improvement, in the inter-
nal polity of the province, appear to have engrossed their
Whole attention : inspectors of commodities intended for
€xportation, were now first appointed for the ports of
Brunswick and Wilmington : rice, beef, pork and naval
Stores, were the articles made liable to inspection. . "The
Pilotage of Cape Fear, which was'not yet under any re-
ulation by law, became this session an object of legis-
lative improvement.

A duty was laid on wine and spirituous liquor, im-
Ported from South Carolina by land into the county of
“Anson: this is the first instance that occurs, ofan inland
duty ; the legislature were induced to lay it, through the
desire of checking the growing trade of the province of
South Carolina with the western country, which depriv-
€d thé ports on Cape Fear river of almost all the produce
from the upper parts of the province.

By a statute of the parliament, the new style was in-
troduced into all the king’s dominions ;_ the old compu-
tation of time was declared to be abolished, after the last
day of December of this year, and the new year to begin
On the first of January; it hitherto began in March;
the day following the 2d of September, 1752, was reck-

Oned the 14th, omitting eleven days.
N. CARO. II. 8
 

 

 

 

 

 

58 CHAPTER {1751

The attention of the British legislature was drawn to
the advantages which the nation was likely to reap, from
the importation of pot and pearl ashes from the Ameri-
can provinces: great quantities of these articles were
consumed at home, in making soap and other manufac-
tures ; the colonies were encouraged to supply the mo-
ther country with these articles, by their exemption from
duty.

The statutes, allowing a bounty on the importation of
naval stores, masts, &c. were continued, and new regu-
lations introduced.

The provincial general assembly met in the town of
Bath, on the first of March: this is the only session of
the legislative body which appears to have been holden
there.

A. duty was laid on goods sold by pedlars. Conside-
rable injuries having arisen to vessels, from the badness
oi the channels, leading to the ports of Edenton, Bath
and Newbern, and the insufficiency and neglect of pilots ;
commissioners were established in those ports, whose
duty it was made to examine and license pilots, to cause
the channels to be staked out and to superintend the na-
vigation. Parts of the counties of Granville, Johnston
and Bladen, were erected into.a new county, which was
called Orange ; and a town was-established on the west
side of Cashie river, in the county of Bertie, to which

the name of Wimberly was given, from the owner of
the ground.

In the course of this year, was completed the printing
of the first revisal of the acts of assembly ; the multipli-

cation of the copies of them, by means of the press,

was a valuable advantage: it tended to introduce order
and uniformity in the decisions of courts, and by defi-

eit AE OER DET SLL EE RET See

1752] THE THIRD. 58

Ring the rights of the people, in a degree, put an end to
the great anarchy and confusion which had hitherto pre-
vailed, from the ignorance of the people and the magis-
trates in this respect. The work was handsomely print-
ed and bound in a small folio volume : a yellowish hue
Of the leather with which it was covered, proceeding
from the unskilfulness of the tanner, procured it the
homely appellation of the Yellow Jacket, which it retains
to this day.

The trustees for the province of Georgia surrendered
their charter to the king. on the second of July, in con-
Sequence of which regal government was established in
that colony. The provinces of Pennsylvania and Ma-
ryland were now the only remaining ones, in which a
proprietary government existed.

Governor Johnstoa now died, having presided over
the province during a period of nearly twenty years. Un-
der his administration, Wilham Smith, Nathaniei Rice,
Robert Holton, Matthew Rowan, Edward Moseley, Cul-
len Pollock, Edmund Porter, Eleazer Allen, James Mur-
ray and Roger Moore sat in council. The chief judi-
cial seat was successively filled by William Smith, John
Montgomery, Edward Moseley, Enoch Hall, Eleazer
Allen and James Hasell.

The province increased considerably: the white popu-
lation, which, at the purchase of it by the crown did not

exceed thirteen thousand, was upwards of forty-five
thousand; an increase of above three and one half for one,

during a period of twenty-three years.

The exports of the province were already considera-
ble: it appears, that in the following year there were ex-
Ported 61,528 barrels of tar, 12,055 barrels of pitch,
40,429 barrels of turpentine, 762,000 staves, 61,580
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

60
. CHAPTER [1752

bushels of corn, 10,000 bushels of peas, 3,300 barrels
of pork and beef, 100 hogsheads of tobacco, 30,000
pounds of deer skins, besides wheat, rice, bread pota-
toes, beeswax, tallow, bacon, lard, lumber,

and tanned leather. ei

Chalmers—Brickle— History of 8S. C.—-Records.

i»
mt

CHAPTER IV.

Ow the death of governor Johnston, the administra-
tion of government devolved on Nathaniel Rice, the
councillor first named in the king’s instructions.

In the month of September, 1752, a hurricane rava-
ged the southern provinces; the town of Charleston was
overflowed, and the inhabitants took refuge in the upper
stories, or on the roofs of their houses; the impetuosity
of the wind was more severely felt in North Carolina;
the court house of the county of Onslow, in the town of
Johnston, with the dwelling house of Edward Black, the
clerk, and almost every building, were blown down and
destroyed; the county lost all its records, and the town
Was so materially injured that it was abandoned.

On the 28th of January, president Rice died, at an
advanced age, and was succeeded by Mathew Rowan,
the next councillor. :

This gentleman qualified, at Wilmington on, on the
first of February, and met the legislature, at Newbern,
On the 23d of March.

The calm of peace allowed them to bestow their un-
divided attention on the internal concerns of the pro-
vince: the tradeof the most considerable part of it being
greatly obstructed, by the large shoals that lie within
Qcracock inlet, so‘as to render small vessels necessary,
to lighten ships of burden over the bar; the heavy ex-
pense, thus occasioned, and the great danger to which

TBODY RN NS NLR TE TES SE
 

 

 

62 CHAPTER [1753

the ships and lighters were, in the mean while, exposed,
were sensible injuries to the commerce, to come into
Ocracock inlet, and commodiously, to ride at anchor
in the harbor of Core sound ; experience had shown,
that the merchants trading to Albemarle sound, Pam-
plico and Neuse rivers, were compelled to send to Oc-
racock inlet, or Core banks; sometimes the whole, and
almost always, one half of the cargoes of vessels, of any
burden, s0 as to require wharves and warehouses, near
the harbor or on the banks, for the reception and safe
keeping of the commodities, they were obliged to send
down, It was imagined that these evils would be reme.
died, by establishing a town on the Core banks: a law
was passed therefor, and the town was called. Ports.
mouth; but, as the Spot on which it wis to be erected

was far distant from any inhabited part of the province aa
open to the depredations of the enemy, in time of war,
even to the insults of pirates at all times, an appropria-
tion of two thousand pounds was made, for erecting a

fort for its protection, to which the name of fort Gran-
ville was given.

The upper part of the county of Anson, was erected

into a new and distinct county, which, in compliment to
the president, was called Rowan,

The French now began to carry into execution, their
long concerted plan of connecting, by a chain of forts
and continued settlements, ‘their Possessions in Canada
and Louisiana, and as part of it, to endeavor to debar the
English from all trade and intercourse with the nations
of Indians, dwelling along the Mississip pi, even those on
the back settiements of the British provinces. Early in
January, they had taken possession of an English truck-
house, in the Twigtees nation, and carried several of

1753] THE FOURTH. 63

the traders prisoners into Canada, and soon after, they
sent down a party of their Indians from Louisbourg,
to harrass the province of Nova Scotia. On the receipt
of the information of these particulars, lord Holderness
addressed a circular letter to the governors of the south-
ern provinces, to require them, with the utmost dili-
gence, to put their respective provinces in the best pos-
ture of defence ;:to watch the motion of the subjects of
France, and, in case any of them, or those of any other
foreign power, should presume to encroach on any part
of their governments, to erect forts or commit any act
of hostility, immediately to represent the injustice of
such proceedings and require them immediately to de-
sist, and, on refusal, to draw forth the strength of
the province, and repel force by force.

As circumstances required that the several pro-
vinces should assist each other, in case of invasion, the
governors were required to correspond together, and on
the first information of any hostile attempt, immediately
to convene the legislature, and Jay before them the ne-
cessity of mutual assistance, and engage them to furnish
such supplies as the circumstances might call for,

Lord Holderness concluded, by observing, that he
had the king’s express command, more strictly to en-
join, that no.use might be made of the armed force, ex-
cept within the undoubted limits of the British domi-
nions. The misfortune was, that these undoubted lim-
its were far from being easily discernible. The French
minister of the marine, Monsieur Rouille, to whose
department the concerns of the plantations belonged,
Was at the same time writing to the marquis de Jon-
quiere, governor of Canada, with the same apparent de-
Sire of justice, when he gave the orders, in consequence

 
 

 

 

 

 

 

 

64 CHAPTER [1753

of which, the British government conceived its rights
were invaded. “‘ The king commands me,”’ said he,
“to recal to your mind the instructions which have been
often given to you, in regard to your conduct towards
the British, . particularly on the subject of the bounda-
ries of the dominions of the two crowns, until they be
finally ascertained. In supporting his rights against
any encroachment, you are not to undertake any thing
that may violate those of the British king. See that the
officers whom you may station in the posts near the Bri-
tish colonies, act on the same principle; avoid whatever
may give room to just ccmplaints against you.”

Vainly were the officers of the two nations required
to act towards each other, with all the moderation, com-
patible with the honor of. their respective nations, and
the security of their possessions; neither could prevent

a rival power, witha different idea of its own rights and
possessions in America, from viewing even that mode-
ration, as.an overt act of hostility,

‘On the 29th of October, the assembly of Jamaica re-
rolved, “That it is the interest and undoubted nght of
the representatives of the people, to raise and apply mo-
neys, for thé services and exigencies of government;
and to appoint such person or persons, for the receiving
and. issuing thereof, as they shall think proper; which
rights this house has exerted, and will always exert, in
such manner as they shall judge most conducive to the
service of his majesty and the interest of the people.”

Early in January, an express from governor Din..
widdie of Virginia reached president Rowan. The
governor, alarmed at a rumor of the movements of the
French on the Ohio, had sent thither major Washing.

‘ton (the man who, a few years after, became one of the

i754] THE FOURTH. 65

Most conspicuous characters of his age) who reported
that the French had taken post on one of the branches of
that river, and built a fort, in which they had mounted
€ight six pounders: they had materials in readiness
for other forts, which they declared their intention
of building on the river, and particularly at Logs.
town, the place destined for their future residence,
43 soon as the season would permit them to embark,
For this purpose, they. had upwards of two hundred
Canoes finished, besides a great number of others
blocked out. To the representations of the major, the
Commanding officer at the post had answered, that the
Country belonged to the French; that no Englishman
had a right to trade upon those waters; and he had

Orders to make any of them prisoners, who attempted
it on the Ohio or its branches.

Governor Dinwiddie, in giving the information to
president Rowan, observed, that the force of the enemy
was far from being contemptible: they had already en-
gaged three nations of Indians, the Chippeways, Otta-
wavs and the Orendakes, to join them: they had four
other forts on the Mississippi, besides a garrison of one
thousand men at New Orleans. By the means of the
Wabash, they had a communication between Canada and
the Mississippi; and before they sent their troops into
Winter quarters last fall, they had called the several tribes
of Indians together at the fort, and told them they might
rely on seeing them early in the spring, with a very con-
Siderable reinforcement ; that they would take posses-
Sion of the Ohio, if they were not entirely passive. The
letter concluded, by soliciting an aid of men from the
Province, to join the troops, that were raising in Virginia
aad Maryland, and march against the French.

Ne CARO. II. 9

 
 

 

 

 

 

 

 

 

CHAPTER... [1754

President Rowan immediately issued his proclama-
tion, for the meeting of the legislature at Wilmington,
on the 19th of February.

In his speech, at the opening of the session, he com-
municated to the houses, the despatches he had received
from lord Holderness and governor Dinwiddie, and
pressed them to improve the opportunity of manifesting
their loyalty to the king, their zeal for his service and
their affection fora sister province. ‘The lower house
put a price on their compliance, and insisted, as a sine
gua non, on obtaining the president’s assent to a bill for
issuing a considerable sum in paper currency. This
was easier to be obtaintd from a temporary chief magis-
trate than from a governor, who, by yielding the point,
might incur the risk of losing his office. President
Rowan did not make much difficulty. Various plans
were accordingly introduced; the: most prominent of
which was a scheme for a general loan office, to be

managed by four trustees, chosen by the chief magis-
trate out of eight persons named by the asembly, one
of whom should go out yearly, and be replaced by a
similar mode of re-appointment. A sum of eighty thou-
sand pounds was proposed to be emitted, in bills of dif-
ferent denominations, from fifty to one shilling, and pro-
clamation money, of the value of four shillings to three
shillings sterling. One half of the emission was to be
in bills of twenty shillings and under, and to be loaned
by the trustees on security, in sums from three hundred
to twelve hundred pounds, with a proviso, that on the in-
terest being paid within two months after the day of
paymentyearly, fiye per cent. only should be taken, other-
wise six. ‘The rest of the emission, being in large bills,
was to be loaned on the same terms; but, with a view to

“1Y54] HE FOURTH. 61

keep the credit of those bills in circulation, it was pro-

vided, that one per cent. interest should be allowed

thereon, from the time the bill was lent out till returned,

and paid into the office in dischage of some money, there

borrowed. ‘These bills were to be loaned in sums from
five hundred to twenty pounds. All the bills were to be
a tender in all payments. The friends of this plan con-

tended, that no beneficial commerce could be carried on,
without some kind of a circulating medium, and that the
mode hitherto pursued, when paper was emitted, to lay
a tax for the redemption of it, by instalments, within
a limited number of years, and cancelling and burning
yearly the produce of the tax, did not/fully answer the
intended end ; for, the circulating medium was thus gra-
dually lessened, the remainder being still sooner absorb-
ed by the tax, and, at the end of this operation, the ne-

nessity ofa circulating medium, was as equally pressing
as before the emission: asa sufficient quantity of coin or
bullion could not be brought into, and retained in the
province, without an increase of trade, and a proper econ-
omy to procure a balance in favor of the province, by in-
creasing the amount ofexports and diminishing that of
imports, which could not be effected in an infant and
growing province, where all necessaries are to be pro-
vided for, to improve the lands and purchase slaves;
that the circulating medium ought to be rather increased
than lessened, as the population of the province advan-
ced: Even if the president’s assent could have been
had to this plan, it was not likely a majority of the coun-
cil would have hazarded their seats by sanctioning: the
measure: emissions of paper in the colonies being
highly disapproved of at home, and exciting the com-
plaints of the merchants, who, as the currency fell in

 
 

 

68 CHAPTER ~ [1754

value, by the accession of a greater quantity, were obli-
ged to reccive it in payment from the planters, or take
produce at the advanced price to which it naturally rose,
With the increase of the medium with which it was to be
exchanged, The plan failed, The grant of supplies
and the emission of money .were made the object of one
bill,

The sum of one thousand pounds was appropriated
to the raising, subsisting and paying such troops as the
president might see proper to send to the assistance of
the province of Virginia. ‘Two thousand were also

appropriated for the repairs of Fort Johnston, and a
like sum for those of Fort Granville. ‘The inhabitants
of the frontier counties of Anson and Rowan, being
judged too poor to support, unaided, the expenses
attending the defence of the back settlements against the
Indians, one thousand pounds were appropriated to the
purchase of arms for their use.

Forty thousand pounds, in bills of credit, were emit-
ted to meet these expenditures, and another appropria-
tion was. made of twenty thousand pounds, for the pur-
chase of a glebe in every county, for the establishment
of a public seminary and the repairs of the public build.
ings of the province. ‘This last appropriation was made
under a suspending clause, till the king’s pleasure was
signified. It does not appear that it ever was obtained.

An annual poll tax of one shilling and a duty of four
pence on every gallon of wine or spirituous liquors,
were the means provided for the redemption of the pa-
per now emitted, and to continue till it was in this way
all bought in and cancelled, It will appear in the course
of this history, that the tax and duty were continued
until the abolition of the regal government. The appro-

1754] THE FOURTH. 69

Priation for the seminary, which, however, proved inef-
fectual, is the first evidence of a desire to encourage
literature, manifested by the legislature of the province:
it did not happen till nearly ninety years alter the settle.
Tuent of the country.

The upper part of the county of Bladen was erected
into a distinut county, and called Cumberland.

The town of Exeter, in the county of New Haven,
and that of Gloucester, in the county of Anson, were
€stablished.

President Rowan lost no time in raising the troops,
Voted by the legislature for the assistance of the province
of Virginia. Colonel James Innis of New Hanover,
Marched, at the head of this succour, and joined the
forces of Virginia, swelled by those of Maryland,

Without considering much the strength or composi-
tion of this small army, governor Dinwidie, following
the advice of the king’s council, directed its march to
the Allegheny mountains, with directions either to dis-
Possess the French of their forts or erect one in the
Neighborhood. ‘The whole force was placed under the
Order of the officer who commanded the detachment of .
North Carolina, The total number was not equal to
One half of that of the enemy, and no care had been taken
to provide for the troops any of the necessary supplies
©r conveniencies, which the season and the part of the
Country for which they were intended required. In
Siving orders for procuring recruits for the Virginia re-
Siment, it had been unaccountably forgotten to pro-
Vide any money for that purpose. ‘The legislature of
that province soon after rose, and there being no provis-

ion made for the prosecution of the war, the expedition

 
 

 

 

 

 

 

 

70 CHAPTER * [1754

was countermanded, and colonel Innis marched back his
men to North Carolina.

The provinces were much exposed to the depreda-
tions of the Indians, more particularly during a war be-
tween England and France, and, individually, either too
weak to take efficient measures for their own defence,
or unwilling to take upon themselves the charge of
erecting forts, and maintaining garrisons, while their
neighbors, who partook equally with them in the advan-

tage, contributed nothing. Some times also, the de-
fects which existed between the governor and the as-

semblies, prevented the adoption of measures of dif.
ference. To avoid the evils attending this immediate
difference of interest, and the better to combine the

forces of the provinces, it was recommended to them by
the lords commissioners of trade and plantations, to de-
vise a plan of union between the colonies, to regulate all
measures of general interest. ‘To accomplish this end,
the former were invited to send commissioners to Al-
bany, in the province of New-York. All, however,
did not attend this call: commissioners from. the prov-
inces of "New-Hampshire, Massachusetts, Rhode Island,
New-Jersey, Pennsylvania and Marvland, attended; a
plan proposed by Benjamin Franklin, one of the com-
missioners from Pennsylvania, a gentleman famous in
the republic of letters and in the American history,
was adopted, to be recommended, which has ever since

been known by the appellation of the “Albany plan of
union.”

Application was proposed to be made for an act of —

parliament to establish, in the American provinces, a
general government, to be administered by a president

1754) THE FOURTH. 7

Seneral, appointed by the crown, on the nomination of a
rand council, chosen by the legislatures of the differ-
€nt provinces, The number of members to be chosen
in each, to be in direct proportion to the sum paid by it
into the general treasury: but no province was to chose
More than seven, nor less than two members. Att first,
the provinces of Massachusetts and Virginia were to

have seven members each; that of Pennsylvania six, that
of Connecticut five, those of New-York, North Caro-

ling and South Carolina four each, that of New-Jersey
three, and those of New-Hampshire and Rhode Island
two each. The whole executive power was vested in
the president general; the legislative power was vested
in the grand council and the president general; his assent
being necessary to the passage of a bill into alaw. The
general legislature was empowered to declare war, con-
Clude treaties and make peace with the different nations
of Indians; to regulate trade with, and make acquisitions
of land from, them; in the name of the king or of the
Union, to settle new colonies, and make laws for their
Zovernment, till their erection into distinct provinces; to
raise troops, build forts, fit out and arm vessels and use
all other means for the general defence. To carry these
Powers into effect, they were empowered to lay duties,
taxes and imposts. All laws were to be transmitted
Over for the king’s approbation, and, unless disapproved
Within three years, were to remain in full force. Mili-
tary officers were to be nominated by the president gen-
eral and appointed by the council, and those in the civil
department were to be nominated by the council and
appointed by the president general.

The French, still persisting in their endeavors to 0¢-
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72 . CHAPTER. [1754

raised a regiment to check their advances. Major
Washington, on whom the command of this corps had
devolved, on the death of colonel Fry, advanced towards
that river early in the spring. He met with, and defeat.
eda small French party, under thé orders of captain de
Jumonville, and directed his march to the confluence of
the Monongahela and Allegheny rivers, where the Ohio
company had sent a number of men to erect a fort.
But, on the 4th of July, he was attacked and defeated by

a party of French and Indians, with the loss of 150
killed and 70 wounded.

The plan proposed by the commissioners of the pro-
vince was submitted to their respective legislatures and
rejected by all, as giving the president general, the rep-
resentative of the crown, an influence greater than ap-
peared to them proper, in a plain government formed for
freemen. The British ministry disapproved of it; be-
cause it gave too much power to the representatives of
the people. Perhaps these objections, from each party,
are the strongest proof that can be adduced of its excel-
lence, as directed to the situation of Great Britain and
America, at that time. It appears to have steered, ex-
actly in the middle, between the interest of both.

Chalmers—Marshall—Records.

CHAPTER V.

Iw the fall of 1754, Arthur Dobbs, who had been ap-
pointed governor of the province, arrived at Newbern.

"This gentleman was an Irishman, and had been a

member of the Irish parliament: he was a man of letters

andyenterprise. It wasfat his solicitation, that the board

of admiralty, in England, had been prevailed upon, in

1741, to cause a new attempt to be made, under the

orders of Christopher Middleton, a captain of the Hud-

son bay company, to find a northwest passage to
Japan, China, and India. The expedition sailed in the
month of May, of that year; but it was unsuccessful.
The plan of governor Dobbs was complained of by
Monsieur Durand, one of the French commissioners,
(1742) as tending to encroach upon the trade which the
French carried on with the Indians towards the north of
Canada, and to extend the British settlements in these
parts to the prejudice of those of the French.

Governor Dobbs brought a few pieces of cannon and
one thousand firelocks, a present from the crown to the
province. He was accompanied by a number of his re-
lations and countrymen, who had followed him with the
hope of being promoted to lucrative offices, and the in-
habitants of the province were not long without com-
plaining of his too great fidelity in gratifying the desires
*f his followers. ;

N. CARO. 1 10

 

 
 

 

 

  

74 CHAPTER [1754

He qualified at Newbern, on the Ist of November,
and met the legislature six weeks after, in that town.
He recommended the fixing of a permanent and adequate
revenue on the crown, to meet the expenses of govern-
ment, and a jroper salary for the governor for the time
being: he drew the attention of the lower house to the
necessity of making an early appropriation for the repairs
of fort Johnston and the other fortifications, and the sup-
port of a few soldiers; and of making provision for the
support of a minister of the established church, in each
county; for the regulation of trade, and the preser-
vation of a good understanding, with the neighboring
Indian tribes. The revision of the court system and
the inspection laws were mentioned by him, as proper
objects for the deliberation of the legislature, and he de-

sired that some remedy might be applied to an alarming

and growing evil, the great circulation of counterfeited
bills of credit.

The assembly were ready to enter on the business re-
commended, if we except the allowance of a salary for
the chief magistrate. An aid of eight thousand pounds
was granted to the king for the defence of the province:

a duty was laid on every ton of shipping of one fourth

of a pound of powder and one pound of lead, and a
bounty was allowed for facilitating enlistments,

of defence being thus provided, the legislature
their attention to the internal concerns of the province.
A new judicial system was formed; a supreme court
was established in different districts of the province; and
_ provision was made for holding courts of oyer and ter-
miner and general jail delivery, defining the jurisdiction
of county courts and settling the mode of proceeding
therein. Inspections of tobacco were established and

Means
turned

T7153 THE FIFTH. 7

the exportation of that article, before it had been sub-
Mitted to some test, was forbidden. Inspectors’ notes
Were made a tender at the public treasury, at the rate of
©ne penny a pound. The cultivation of this commo-
dity, it seems, was as yet confined to the northern part of
the province, the act making no provision for the in-

Spection of it, to the southward of Tar river.
In their address to the governor, the lower house la-

Mented the repeal of the act, establishing several towns
and counties.

The ministry, judging that the provincial forces were
unequal to a conflict against the French, despatched
commodore Reppel, with a squadron of ships of war,
Conveying major general Braddock and a_reputable
body of troops.

Aes a oe and tedious passage, general Braddock
reached Williamsburg, early in the following year. In
the letter, announcing his arrival to Henry Fox, ths
Secretary of war, on the 4th of February, he said, “I
have fpund every thing in great confusion, as | expected:
much money has already been spent, though very little
isdone. The governor here is of opinion, that the peo-
ple of the province are well inclined to give all the
€ssistance in their power, to an affair that concerns them
So nearly. Governor Dobbs is well enough satisfied
with those of his province, and hopes to be more so
hereafter; Pennsylvania will do nothing, and supplies
the French with every thing they want.”

His first step was to address a circular letter to

the governors of ‘the several provinces, to prevail on
them to exert themselves in their respective gov-
€rnments, to obtain supplies of men and money,
he recommended them to lock up their ports, 8° as

    

th oii
 

 

 

 

16 CHAPTER p73

to render it impossible for the enemy to draw any
provisions from the provinces, and expressed a
wish that a common fund might be established out
of the money, granted by the several legislatures:

In a letter of the 18th of March, to Sir Thomas Ro-
binson, secretary of state, he complained of the dif.
ficulties he had to encounter, in the following terms:

“Phe jealousy of the people and the disunion of

many of the colonies are such, that I almost despair
of succeeding. 1am indeed very sorry to tell you,
that in all appearance, I shall meet with great difh-
culties in obtaining from those colonies, the eu pplies
which the king expects from them and the general
interest requires. Governor Dinwiddie has already
obtained from his province twenty thousand pounds:
currency, and he hopes to obtain a still larger sam.
North Carolina had granted eight thousand pounds:
and Maryland six thousand, each of the current coin’
of their respective governments. Altbough Penn-
sylvania is, without contradiction, the richest and
the most concerned in this expedition; yet, it has
supplied nothing hitherto.” And in a letter of a
later date to the earl of Halifax, the general writes:
“fam sorry to have been under the necessity of
saying, that the inhabitants of these colonies have
all shown a great indifference for the king’s service
and their own interests. However, they do not all
fall under this censure, and particularly those of the
province Tam now in, (Virginia,) are not to be
compared with their neighbors, and may not have
deserved reproaches. But I cannot sufficiently ex.

Press my indignation against the provinces of Penn-

a Ps ae po ae m
PAA Te a RIEL BIT LOGIE EE ee «oe ae

1755} THE FIFTH. v1

sylvania and Maryland, which, being quite as much
Concerned in this expedition as their neighbors, and
much more so than any other on this continent, re+
fuse to contribute in any shape towards the support
of this project, and even what they propose, they
do only on such terms, as are entirely contrary to
the prerogative of the king and his instructions to
the governors.”

Early in April, governor Dobbs left the province
in order to attend a meeting of the governors of the
provinces, which general Braddock had requested,
With a view of consulting them on the most proper
mode of operation. They met him at Alexandria,
On the 14th of April. The result of their delibera-
tions was a recommendation of three expeditions.

The object of the first and principal one, was the
reduction of fort Duquesne, which stood on the
Spot on which the present town of Pittsburg now
Stands, in the state of Pennsylvania. General Brad-
dock was to command it in person, and his forces
Were to consist of the troops he had brought from
England, and such reinforcements, as might be ob-
tained from the southern provinces.

The second, which was to be under the com-
mand of governor Shirley of the province of Mas-
Sachusetts, was intended against Niagara and fort
Frontignac. Two regiments raised in that colony,
were to be the main force employed in it.

The Jast had Crownpoint for its object. For this,
provincial troops were to be raised from the pro-
Vince of New-York, and those of New England;
Major general William Johnston of New-York, was
designated as the leader of it.

 
 

 

CHAPTER [1155

General Braddock lost no time in making the ne-
eessary arrangements for the expedition which he
was to head. He formed two companies of carpen-
ters, each composed of a captain, two subalterns,
two sergeants and thirty men. One of them was
to be employed in making reads and boats, and the
other in repairing carriages: he also raised a com-
pany of guides, composed of a captain, two aids and
tenmen. He established forts from the head quar-
ters to Philadelphia, Annapolis and Williamsburg.
His difficulties were increased by the great num-
ber of horses, waggons and batteaux, necessary for
- transporting the artillery, baggage and provisions,
and the scarcity of laborers and the excessive price
they required; the provisions were to be drawn
from many provinces, distant from each other; the
want of forage was severely felt, and the expedition
was detained a considerable time waiting for the ar-

tillery. He set off, on the 20th of April, on his way.

to tort Frederick, in order to go by the way of Wills
creek, where a post was established, on the spot
since known as fort Cumberland, near the source
of the Potomac, then the most western post, held
in those parts by the English.

General Braddock was detained» on the road at this
post, by a coincidence of untoward circumstances,
until the middle of June, when apprehensions were en-
tertained, that this inauspicious delay would afford the

enemy the opportunity of strengthening the post against
which the expedition was aimed, so as to occasion its

miscarriage. It was thought of the utmost importance
to guard against this contingency, and the general, ta-
king with hima chosen corps of twelve hundred men,

1755] THE FIFTH. 79

began a rapid march: the baggage of the detachment
Was packed on horses, and as few waggons were taken
With it as were sufficient for the removal of the military
stores. Colonel Dunbar was left with the rest of the
army, and directed to follow by slower and easier
marches.

General Braddock was not, however, able to reach the
Monongahela till the eighth of July ; the rugged state of
the country did not allow a speedier progress, though the
corps was disencumbered from every article that could
be left behind.

After having crossed the stream, the general disposed
his forces for battle: he placed in front three hundred
British regulars, among whom were his grenadiers and
light infantry, and followed, at some distance, with the ar-
tillery and the main body of the army, divided into small
Columns. This was a most unfortunate arrangement,
and the general had determined on it, notwithstanding
the representations of all the American officers near him,
who recommended, that the provincial companies should
be made to advance in front, scour the woods, discover,
and give alarm in case of any ambuscade. This recom-
mendation was disregarded, the general having too con- »
temptuous an opinion of the enemy against whom he
Was advancing, and of the capacity of American soldiers.
In the midst of a wide, open piece of ground, covered
with grass to a man’s height, the unseen foe fired on,
and threw into confusion, the unsuspecting ranks in the
van of the British forces: but the prompt advance of the
Main body, and the fall of the French commanding offi-
cer, puta momentary stop to the attack: but the assaill-
ants soon resumed it with great fury, and the van falling
back on the main body, a general confusion followed.

 

 
 

80 CHAPTER, [1788

Every officer on horseback, except George Washing-.
ton, who was near the general as one of his aids, was
killed or wounded, and the commander himself received
a deadly wound: at this moment, his dismayed British
soldiers ran in various directions, in disorder and confu-
sion: the provincial forces kept the field a considerable
time longer. Great was the carnage that ensued, till the
Indians, who constituted a good portion of the enemy’s
army, diverted by the hope of plunder, gave up the pur-
- guit. Sixty-four out of eighty-five officers, and one half
of the men were either killed or wounded : the artillery,
stores and baggage were all taken. The portion of the
army that escaped, reached colonel Dunbar’s camp,
where the general breathed his last. The colonel, alarm-
ed for the safety of his men, sought their safety in a pres
cipitate retreat, and, after burning most of his stores,
marched to Philadelphia.

By the unfortunate issue of this expedition, the west-
ern settlements of the southern provinces were left open
to the attacks of the Indians, and most of the planters
sought an asylum in the more thickly inhabited parts of
the country.

The expeditions, under governor Shirley and general
Johnston, were not so disastrous, but neither of them
was successful. The army of the latter, during the
summer, lay on the eastern bank of the Hudson, a little
south of the city of Albany. In the early part of June,
the troops of the eastern provinces ‘began to pour in,
company after company, and such a motley assemblage
of men never before thronged together, on such an occa~
sion, unless an example may ‘be found in the ragged re-
giment of Sir John Falstaff, It would have relaxed the
gravity of an anachorite, to have seen the descendants of

+

,
a ~ a ee See
Te ee ae AR

£755] ‘THE FIFTH. 81

the Puritans, marching through the streets of our an-
cient city, take their situation to the left of the British
army, some with long coats, some with short coats, and
others with no coat at all, with colors as varied as the
rainbow ; some with their hair cropped like the army of
Cromwell, and others with wigs, the locks of which
floated with grace around their shoulders. ‘Their march,
their accoutrements and the whole arrangement of the
troops, furnished matter of amusement to the rest of the
British army. The music played the airs of two centu-
ries ago, and the tout ensemble, upon the whole, exhi-
bited a sight'to the wondering strangers, to which they
had been unaccustomed. Among the club of wits that
belonged to the British pes there was a Doctor Shack-
burg, attached to the staff, who combined with the
science of a surgeon the skill and talents of a musician
to please the new comers, he composed a,tune, and with
much gravity recommended. it to the officers as _one of
the most celebrated airs of martial music. The joke
took, to the no small amusement of the British : brother
Jonathan exclaimed it was nation fine, and in a few days
nothing was heard in the provincial camp, but the air of
Yankee Doodle. Little did the author, in his composi-
tions, then suppose, that an air made for the purpose of
levity and ridicule, should ever be marked for such high
destinies. In twenty years from that time, the national
march inspired the heroes of Bunker’s hill, and in less
than thirty, lord Cornwallis and his army marched into
the American lines to the tune of Yankee Doodle.
Governor Dobbs, in the course of the summer, visit-
ed the western counties of the province, and the towns
en the sea shore, with a view to ascertain on what spots
fortifications might be erected’ with the greatest pros-

N. CARO. IIe ll

 
 

 

82 CHAPTER 1756

pect of utility. He met the legislature on the 25th of
September, at Newbern: in addressing the houses, he
observed, that the situation of affairs in the province,
being much altered since their last meeting, and the dan-
ger increased of the French being able to accomplish
the scheme they had formed, of confining the British
provinces to the eastern side of the mountains, by a
chain of forts from Canada to. Louisiana; of gaining
most of the nations of Indians to their alliance, and of
preventing those who were friendly to the English from
appearing in their defence, he was compelled to solicit
them, in the king’s name, to grant as large supplies as
the situation of the province could allow, not only to
defend the frontier counties, but also to co-operate in
offensive measures with the other provinces, against the
common enemy: he recommended the erection of a
fort, between Third and Fourth creeks, near the South
Yadkin, in the county of Rowan, near that of Iredell, a
central spot between the northern and southern bounda-
ries of the province. .

The legislature granted a supply of ten thousand
pounds, for the erection of this fort and for raising,
equipping and paying three companies of fifty men each,
exclusive of commissioned officers ; and with a view to
facilitate the approvisionment of the king’s forces, an
act was passed prohibiting the exportation of provisions
or live stock, to any of the enemy’s or neutral ports.

Pork, beef, rice, indigo, naval stores and lumber,
were this year made subjects of the laws of inspection,
which hitherto related to tobacco only.

The people known by the appellation of Unitas Fra-
trum or United Brethren, though more generally by that
of the Moravians, having formed considerable settle-

1756] ‘THE FIFTH. 83

ments in Wachovia, a large tract of land, which they
Owned in the county of Rowan, now in that of Stokes,
Were erected into a separate parish, that they might dis-
charge their parochial duties with more convenience and
ease : the new parish was called Dobbs’ Parish.

To the distresses of the war, was now added the ca-
lamity of one of those epidemical diseases, which at dif-
ferent periods have scoured the continental provinces, in

‘ autumnal visitations.

In the following year, the fortification which the gover-
nor had recommended, was raised: it was an oblong
square, fifty-three feet long and forty-three wide: the
opposite angles were twenty-two by twenty-four: it
was twenty-four feet high, and had three floors, from
each of which above one hundred muskets might be
discharged at the same time,

The British now began to retaliate on their rivals, by
captures at sea, and early in the following year, on the
application of the French court for restitution of the ves-
sels seized, the British cabinet required a previous satis-
faction for the invasion of the king’s territories and the
hostilities committed on his American subjects. On
receiving this answer, the French king granted letters of
marqu€ and reprisals. On the 18th of May, war was
formally declared by the court of Great Britain ; an ex.
ample which was followed by France on the 18th of
June.

The earl of Loudon, who had been appointed com-
mander in chief of the king’s troops in America, and
governor of the province of Virginia, came over in the
Spring. Nothing of importance was, however, attempt
ed during the year.

 
 

 

 

 

  

ad CHAPTER [i156

In the month of September, the marquis of Mont.
ealm made himself master of the important post of

Oswego, on lake Ontario: the British garrison, con-
sisting of sixteen hundrod men, were made prisoners of
war. This fortification, having been erected in the
eountry of the Five Nations, was not viewed by them
without jealousy: the marquis wisely destroyed: it in
presence of the Indians, telling them that the French
wished to enable their red brethren to preserve their neu-
trality, and would not make any other use of victory
than to demolish the forts built by the English on the
lands of the Indians, with the design of overawing and
keeping them in subjection.

The general assembly of the province sat at Newbern
on the last day of December. The attention of the
houses was drawn by governor Dobbs to the change
which had taken place since their last session : he said
that the measures which the king had taken to preserve
the rights and possessions of his American provinces
and compel the French to restore the territories they had
taken possession of, had encouraged the hope ofa speedy
determination of all differences; but it row appeared,
that the king of France, not only persisted in the deter-
mination of hemming in the British colonies, securing
the Indian trade, engaging the Indian tribes on the fron-
tiers in his cause, ind with their assistance expelling the
English from the continent of America, but had invaded,
previous to any declaration of war, the king’s domin.
ions in that of Europe, and threatened an invasion and
the total destruction of the British empire, outrages
erie compelled the king to declare war against

rance.

1756] THE FIFTH. 85

After observing that the whole British empire, in
America, was at a stake, and the religion, liberties and
Possessions of the nation im the utmost danger, unless
her whole, united strength was exerted to repel those
faithless neighbors and merciless enemies, he added, that
the great weight of a war against the exorbitant power
of France, without the assistance of any ally, under the
Pressure of a heavy debt, contracted for securing the in-
tegrity of the territory of the American provinces, re-
quired, that they should yield assistance to the mother
Country to the utmost of their ability, and recommended

that, by an efficient aid, the province might be prevented
from becoming the seat of war.

He informed the houses, he had received. the king’s
instructions to recommend to them the passage of a bill
for preventing desertions, and to encourage the recruit.
ing service, and to request, that such sums as might
be raised for the public service of the colonies, might be
placed under the directions of his commander in chief,

Over all the colonies, and in compliance with the address
of the assembly, at their last session, to re-enact the

twelve laws, which had been repealed by the king in
council, in 1754, for erecting counties and towns, re-
serving to the king his right to create members to serve
in the assembly, and also to agree to the repeal of such
Subsequent laws for erecting counties which had not
been laid before the kinz in council, before the month
of April, 1754, and to re-enact them with the same
Teservation.

He recommended the passage of a militia law, and the
Tevision of those for the support of the clergy and for

the inspection of commodities.

   
 

 
 

THE FIFTH. 87

oo
26 CHAPTER [1756 a

Ved, that they would cheerfully concur with the other
house, in making provision for the support of such men

i is forts.
as he might send to garrison the forts. j
The governor communicated the instructions he had

received from the king, to fix ona proper-spot for the

The legislature granted a small aid only of three thou- |
sand four hundred pounds, which were appropriated to
the defence of the western country; and, in compliance
with the recommendation of the Sovernor, passed. a

law to prevent desertion. The acts establishing

 

 

the counties of Orange, Rowan and Cumberland,
and those allowing the towns of Wilmington and
Brunswick, the right of being represented in the lower
house, were repealed, as containing clauses injurious to

the prerogative of the crown, and acts were passed, for
re-establishing those three counties, and all those, the
erection of which had been disallowed by the king in
council, by his orders of the 8th of April, 1754, A
clause was inserted, declaring that the establishment of
these counties was not to be construed as allowing the
royal prerogative of granting letters of incorporation,
ordering and regulating elections, and establishing fairs
and markets, 4

More extensive rexulationgh were made for the im.
provement and establishment 0 roads and ferries,

Pro.
per amendments were introduced in the i

Nspection laws,

and measures were taken to secure the collection of the

powder duty,

The governor now informed the upper house, that
the fortifications on Cape Fear river, at Core sound and
Topsail inlet, would soon be in a state of defence, and
that he had information, that the artillery and ordnance
for Fort Johnston would soon arrive, and that he had
applied for artillery and ordnance stores for the other
forts, and for a company of one hundred and twenty
men, to be fixed on the British establishment; where.
upon the house, at his recommendation, addressed the
king, imploring his protection for the province, and resol-

Seat of government, and the representations of the ae
Commissioners of trade and plantations; that 1t i" ou
be in a healthy situation, the most central,, and t an =
tention to advise the king, that it should be somew 7
on the river Neuse; a committee of both res ma
appointed, to view the country and report the m

‘ ot. ty
ep it pea eed between Suffolk and Wilming-

rtnight) was continued for one year.

a authorized to apply the surplus n
the sum of twelve thousand pounds, appropriated at t
September session of the legislature, in 1754, to ie
raising and subsistence of the troops; ran aga:
Service of the province of Virginia, and out 0 oe
of eight thousand pounds, granted at the following ‘ -
Sion, for the defence of the frontiers, to make up ” 2"
ficiency that might happen in the sum of ten tl sige
Pounds, granted at the last session, and ne
make further provision, at the next meeting, i pn wah

Governor Glen, of South Carolina, began yes ‘fi
forts in the country lately acquired from the C oer
On the banks of the river Savannah, and at 4 istar : :
Of about three hundred miles from Charleston, he mie.
ed Fort Prince George, within gun shot of an In 7
town called Keoovee, It was square, and a " oe ‘
€n rampart about six feet high, on which stoc : es 7 .
fixed, a ditch and a natural glacis on two sides, al
bastions at the angles, on each of which four can

:
CHAPTER [4756

were mounted: It contained barracks for four hundred
men. About one hundred and seventy miles down the
river, was built Fort Moore, ona much smaller scale. —

 

Andrew Lewis was sent, by the earl of Loudon, to build
another fort on Tennessee river, on the southern bank
at the highest point of the navigation, opposite to ee
spot, on which Tellico block house has since been pla.
ced, about thirty miles from the present town of Knox.
ville: the fort was called Fort Loudon. These strong
holds, with those of Frederica and Augusta, formed a
strong barrier against the Indians, and the protection
thep — induced the inhabitants to advance to-
wards the western parts of the i
South ‘Carolina. : oe
Andrew Lewis informed governor Dobbs that,-on his
artival at Chota, he had received the kindest usage from
Old Hop, the little carpenter, and that the Indians in
_ general expressed their readiness to comply with the
late treaty with the Virginia commissioners (Byrd and
Randolph). ‘They manifested these disposition while
the fort was building ; but, when it was finished, and
they were pressed to fulfil their engagements and send
warriors to Virginia, they equivocated. Andrew Lewis
observed, that the French and their Indian allies, the
Savannahs, kept a regular correspondence with the

_ _ Cherokees, especially those of the great town of ‘Tellico.

He expressed his opinion, that some scheme was on
foot for the distress of the English back settlers, and that
the Cherokees greatly inclined to join the French.
While he was at Chota, messages had come to the little
carpenter, from the Nantowes, the Savannahs, and the
French, at the Alabama Fort. He took notice that the
objects of the communications were industtiously con-

écaled from him, and that a great alteration, in that chief’s
behaviour towards him, hadensuel. In return, towards
the latter part of September, a Frenchman who had lived
for a considerable time among the Cherokees, accompa-
nied by a Cherokee wench who understood the Shawa-
Nees tongue, went from Chota to the Alabama Fort, and

to the Savannah Indians. The object of his visit to the
French, was to press them for the accomplishment of a
promise the commander of the fort had made, to send
and have a fort built among the Cherokees, near the town
of Great Tellico. The communication concluded by
observing, that the Indians had expressed. a wish that
captain Dennie, sent by theearl of Loudon, witha corps
of two hundred men to garrison the fort, might return
to Virginia, the Indians being displeased at seeing such
a large number of white people, well armed, among
them, expressing a belief, that their intention was to de-
Stroy any small force that might be sent, in order to take
the fort and surrender it to the French.

On this information, captain Hugh Waddle was sent
with a small force to reinforce captain Dennie.

In the month of January, governor Dobbs went to
Philadelphia to attend a council, composed of the gover-
nors of the southern provinces, called thither by the earl
ef Loudon, in order to concert measures for their pro-
tection while the commander in chief would carry on
More important operations in the northern provinces,

Preparations had been early made, for an expedition
against Louisbourg. A general embargo was laid in
the beginning of March, on all vessels throughout the
Provinces, from Nova Scotia to North Carolina: it com-
tinued until June. The object of it was to procure
shipping for the transportation of soldiers, provisions,

N.CARO. 11. 12

 
; B : : ‘ THE FIFTH. . 94
90 CHAPTER (1751 157) 7

stores, artillery, &c. Four hundred and fifty’ men, of
of the first battalion of American royalists, were ordered
to South Carolina, under colonel Bouquet. eter oas

provinces of Virginia, North and South: Carolina, as an
indemnification. fromthe expenses of war, . The. pro-
portion of North, Carolia -was three fourths of fifteen

thousand dollars. »

In the latter part of June, the transports: sailed front

the different provinces to Halifax: they carried about
six hundred regular troops. In their passage, they es-
caped being taken by a French fleet, which had been
cruising about five days before, near the mouth of the
harbor. Five weeks were spent, at Halifax, in holding
councils,. The result. of these deliberations ‘was the
determination of laying aside ‘the’ expedition against
Louisbourg. In the meanwhile, the marquis de Mont-
calm, availing himself of lord Loudon’s absence; pro-
ceeded to Crown Point, with about ten thousand men,
consisting of regular troops, Canadians and Indians,
from whence he marched to Fort William. Having,
after a siege of five or six days, taken and demolished it,
he made the garrison, which consisted of about two
thousand men, prisoners of war, made himself master of
_a large quantity of provisions and stores, and secured
the entire possession of the lakes. ;
_ Some time after his return from Philadelphia, gover-
nor Dobbs received an application for succour, from the
_ province of South Carolina. Governor Lyttleton in-
_ formed him that the neighboring Indians, excited by
the French, grew daily more troublesome, and the colo-
ny found itself unableto resist them without aid. The
legislature was, thereupon, convened: they held their
fourth session at Newbern, on the 16th of May. An aik
was granted to the king, for the relief of the sister pro-'
vinces and for the defence of the frontiers.
Parliament, this year, at the king’s reco mmendation,
granted a sum of fifty thousand pounds sterling, to the

‘The general assembly held its fifth session at New-

bern, on the 20th of November. Governor Dobbs ob-

served, that the affairs of Europe, Great Britain and the
American provinces, were now ina most critical. situa-
tion, by means of a most unnatural alliance, entered into
between the houses of Austria and France, into. which
they had drawn the empress of Russia, against the only
protestant power of Germany, who could sipport its
Civil and religious liberties; he said the king’s German
dominions »»were overrun by.a; superior French army,
and, consequently, the protestant interest of Germany
and the rest ‘of Europe was in the, greatest danger ;) and
all the forces the! king had been. able to spare, for
the relief of his American provinces, , had not been suffi-
cient to dislodge the French, from their encroachments
on the frontiers of the British dominions, in. America.
He ‘informed the houses of the: late parliamentary
grant, and of the arrival of the artillery and ordnance |
stores for Fort Johnston, and hoped that these instances
of the king’s paternal goodness might animate tinier
contribute with zeal, to the support of the expenses 0
peng it their attention to an evasion of the clergy
law; common. in many counties... ‘The ipbebiants
combining to elect such, vestrymen as they knew wou
refuse to-act; he noticed the great defects in the inspec-
tion laws.

~ An act was passed,,
subsistence of the troops, necessary to

ranting an aid to the king, for the
granting ana “4 caer i

 
   

defence of the province, and for keeping up the fortifi-
cations on the sea shore. Authority was given to Ed-
mund Atkins, who had lately been appointed by the
king, superintendant of Indian affairs, to regulate the In.
dian trade, with a view to unite the tribes in alliance with
the British, and strengthen their attachment; some. trif-
ling amendments were made in the inspection laws; but
the governor’s recommendations in regard to the vestry
act was entirely disregarded.

At the close of this year, the affairs of Great Britain
in America, bore a gloomier aspect than at any other pe-
riod. The success of the French arms on the lakes,
and the untoward issue of the late expedition against
Fort Duquesne, teft them the almost undisturbed
possession of the Indian country, and consequently, an
absolute influence over most of the tribes. The British,
en the contrary, were confined to a relatively nar.
row slip of land, between the Allegheny and the
Atlantic. ah

Early in the following year, a circular letter from the

‘hew minister, William Pitt, assured the governors of
the American provinces, that, in order to repair the
losses and disappointments of the late inactive campaign,
it had been determined to send a formidable force, by
sea and land, against the French in America; and he
called on them to raise and procure as large bodies of
men, within their respective governments, as the num-
ber of inhabitants might allow. Arms, ammunition,
tents, provisions and! boats, would, he said, be furnished
by the crown; but it was expected the provinces would
clothe and pay their men. Assurances were held

CHAPTER [175¢

1758) THE FIFTH. 93

Accordingly, admiral Boscawen arrived early in
the spring at Halifax, with a formidable fleet and
about twelve thousand chosen troops, under the or-
der of Sir Jeffrey Amherst. The command. of the
British forces in America, on the departure of lord
Loudon, had devolved on general Abercrombie,
Who when joined by Sir Jeffrey, found himself at
the head of the most powerful army ever seen in

. the new world. His whole number, comprehend-

ing troops of every description, was fifty-two thou-
Sand, two thirds of whom were Americans.

Three expeditions were proposed for this year,
One against Louisburg, another against Ticondero-
8a and the last against fort Duquesne.

This was the one in which the southern provin-
ces felt a principal, because of a more immediate
interest. Their exertions were commensurate
With it.

The legislature that sat at Newbern on the
28th of April, granted an aid to the king, for aug-
Menting the troops, then in the pay of the province,
to be sent to reinforce the army which was under
the command of general Forbes, to march against
fort Duquesne, to pay them while in that service, and
for placing garrisons in the forts of the province.

The town of Hartford, in the county of Perqui-
Mans, was established this year.

The season requiring the labors of the husband-
man, the legislature rose soon after passing the aid
bill.

On the 8th of July, general Abercrombie attack-
&d the French entrenchment at Ticonderoga, near
lake George, but after a desperate push, he was

 
     

94 _ CHAPTER’ (1758

obliged to retire with great loss to his old ‘camp on
lake George, to avoid a total defeat. z

Admiral Boscawen and Sir Jeffrey Amherst were
more fortunate, and about the same time reduced
the fortress of Louisbourg and soon after conquered
the whole island of Cape Breton.

On the 27th of August, colonel Bradstreet took
fort Frontenac and destroyed provisions and am-
munition toa vast amount. He sunk seven vessels
on the lake, took two and burnt the fort to the

ground. i
The general assembly held its seventh session in

the town of Edenton, on the 23d of November.

After acquainting them with the late successes of

the king’s arms, governor Dobbs impressed on their
attention the necessity of protecting the sea coast;
privateers often coming in, cutting out vessels from
their moorings and sometimes even insulting the
plantations, near the shore; he also. recommended
objects of domestic concerns.

In compliance with the governor's recommenda-
tion, an aid was granted to the king for the support
of the establishments of fort Johnson and fort Gran-
ville. ot
On the report ofa capitis of the two houses,
appointed to view the country near Neuse river,
and report the most elligible spot for the seat of the
government of the province, an act was passed for
establishing a city to be called Tower Hill, on a
plantation belonging to governor Dobbs, on Coten-
ney creek, near.thespot on which the court house
of the county of.Greene now stands. . A governor’s
house and such. buildings as the. service of the pro-

ee

1758} THE FIFTH. 95

Vince required were directed to be built there.
The new city was declared the seat of the govern-
ment of the province; but the operation of the aet
Was. suspended till the king’s pleasure was known.
The superior court for the counties of Edge-
Combe, Granville and North Hampton was removed.

from Enfield’ to the town of Halifax.
The counties of Edgecombe and Johnston were di-

vided, and the western part of the latter was erected
into anew county, which, in honor of the governor,
Was called Dobbs; and the northern part of the for-
mer into another. to which the name of Halifax was
Siven; and a town was erected on the east side of
Little river, in the county of Pasquotank, which was
named Nixonton, after the owner of the soil.

- Soon after the rise of the’ legislative body, ac-
Counts reached the province from ‘general , Forbes,
to whom the conduct of the expedition against fort
Duquesne had been entrusted, that he had march-
ed as early as the month of July, with the main bo-
dy of his army. The delays in procuring the rein-
forcements from the different provinces, and the dif-
ficulties, opposed by the ruggedness of the country,
Were so great, that the general did not reach fort
Duquesne untill the month of November, His force
Was eight thousand men. Alarmed at the ap-
Proach of so formidable an army, the garrison, de-
Serted by the Indians, abandoned the fort the even-
ing before the general reached it, and escaped

down the Ohio.

_ The British changed its name, calling it fort Pitt,
In honor of a favorite minister. The occupation of
this post was an.object of vast moment to the Brit-

 
 

 

 

  

CHAPTER

ish, and the southern provinces contemplated in it
the guarantee of their future security. It had ena-
bled the enemy to command the numerous nations
of Indians, dwelling along the Mississippi, and with
them they made frequent incursions on the western
settlements of the colonies. The Indians, who gen-
erally side with the stronger party, observing the
defection of their former allies, were found ready to
accept the protection of the combined forces; the
opportunity was improved and a treaty entered into
with the nations between the Ohio and the lakes.

- ‘The joy, which the reduction of fort Duquesne
excited in North Carolina, was not, however, of long
duration: the flight of the French southwardly dis-
appointed the hopes of security, which the success
of general Forbes had created. The scene of ac-
tion was only changed and brought nearer; and
while danger ceased to be apprehended from the
northern Indians, the Cherokees and their neighbors
began to excite the fears of the inhabitants of the
western counties.

These Indians had uniformly assisted the British
in their different attempts against the French, in
compliance with the stipulations of treaties. The
horses, in this part of America, running wild in the
woods, were considered as the property of the first
captor: and while the Cherokees returned home, af-
ter having left the army of general Forbes, a num-
ber of them, haying been dismounted, seized such of
those animals as they found on their way through
the back settlements of Virginia. The injury was

36

 

[i758

_ vindicated by arms, before any attempt was made to

redress it by less violent means. Twelve or four-

 

1758}

THE FIFTH. 97

teen of the Indian warriors were killed and a greater
Number made prisoners. It is not surprising that the.
Cherokees, among whom rules of property are not very
accurately defined, should have been greatly provoked by
4 treatment which, cruel as it would have been under
different circumstances, was aggravated by that of its
being committed against men, many of whom had suf-
fered, been wounded, and lost several of their relations
and friends in the defence of the aggressors. Some of
the Indians reached their towns, besmeared with blood,
and when they informed their friends they had been
Wounded by their white allies, who had murdered their
Companions, indignation rose to its highest pitch. The
relations of the dead and the wounded ran furiously
about, supplicating their. countrymen to follow and as-
Sist them in avenging their wrongs. In vain the aged
Chiefs endeavored to prevail on the young warriors to
delay the hour of satisfaction, till it could be ascertained
Whether the governor of. Virginia would not afford it, at
their solicitation. The nation excited to hostility by the
atrival of a number of French soldiers, who were plen-
tifully supplied with spirituous liquors and who eagerly
‘Muproved this golden opportunity of spurring on the In-
dians to vengeance, prevented the old chiefs’ advice
from being listened to; supplied with arms and ammu-
Nition by their new guests, scattered parties of Indians
Marched to the frontiers of Virginia, North and South
Carolina,

The first blow was struck in the neighborhood of fort
Loudon. Soldiers of that garrison, who had been se.
Curely hunting in the woods around the fort, were found
Murdered. The unrelenting foe proceeded along the

border of the back. settlements. of the whites, dealing,
N. CARO. II. 13

 
 

 

 

:

98 CHAPTER: [1159

indiscriminately, destruction and death among the old
and young, the softer sex, the innocent and guilty.
Scenes of disorder, though of a less bloody kind, dis-
turbed the interior part of North Carolina. Some of
the inhabitants of that portion of the province, the lands
of which had been allotted to lord Granville, believing
themsélves injured by the conduct of Francis Corbin,
his agent, embodied themselves, and marched in great
disorder and tumult through several counties, ill treat-
ing those who refused to join or supply them with pro-
visions, came to the town of Edenton and forcibly took
the man from his house, and, in spite of the representa-

tions of the decent and orderly part of their fellow-citi-
zens, triumphantly led their prisoner away. After a
march of about seventy miles, they permitted him to re- _

turn, on his giviug bond for his future better behavior.
On the 8th of May, the legislature met at Newbern:
no business of a public nature was completed, and the
houses were prorogued after passing two private acts.
In the month of July, Sir William Johnston took the
fort at Niagara, having defeated a large body of French

troops, who had camé to its relief, and soon after Sit

Jeffrey Amherst possessed himself of Ticonderoga; the
enemy having abandoned their lines on his approach
and set fire to the fort. Crown Point also fell into his
hands. .

On the 17th of September, the city of Quebec surren-
dered to the British arms, after a very obstinate siege;
during which, general Wolfe and Monsieur de Mont-

calm, the commanders of the two armies, lost theif

lives.
In the month of August, the court laws, passed it
December 1754, were repealed by proclamation.

1¥59}) THE FIFTH. 99

The ninth session of the assembly, called by governor
Dobbs on his arrival in the province, was held in the
town of Wilmington, on the 20th of November. In
Tateting the houses governor Dobbs observed, that the
late success of the king’s arms rendered any supply for
the aid of the northern provinces unnecessary, but as
the war would probably be continued, until a safe and
honorable peace was obtained, by driving the French
from the continent and ruining their marine, forces
Were necessary to check the unruly behaviour of the
Cherokees; he recommended that the two companies of
foot, in pay of the province, should be placed in the ser-
Vice of the fortifications.

He lamented the great deprecietion of the currency,
which was received at a nominal discount of 33 1-3 per
Cent, while the real one was from 70 to 90 per cent. in
Sterling money. ‘This evil, if not early remedied, he
said, would soon put an end to the credit of the province
and be the ruin of its trade. .

He recommended the passage of a court law; those
Which had been in force since his arrival in the pro-
Vince having lately been repealed by order of the king
in council.

By a subsequent message, he drew their attention to
4 defect in the militia law, which had lately proved of
reat inconvenience: the detachment of the militiar
Which had been ordered against the Cherokees, unde,
Colonel Waddle, having refused to proceed against them,
On the pretext that the colonel was leading them out of
the limits of the province.

A new court system was introduced : it provided for
the establishment of a court of king’s bench and com-
mon pleas: the bill passed the lower house, on its third

 
 

100 CHAPTER [1759

reading : in the upper, several amendments were insist-
_ ed on; it was required, that a clause, which forbade
the chief justice to receive any part of the fees of the
clerks, be expunged, as derogatory of the honor of that
officer, as well as a'clause for borrowing from the sink-
ing fund a sufficient sum to discharge the salaries of the
associate justices and attorney general. This produceda
message from the lower house, in which they observed
that the practice which had hitherto prevailed, of the chief
justice exacting from the clerks a considerable propor-
tion of their legal fees, had been the cause’ of their being

guilty of great extortions, whereby the superior courts
had become scenes of oppression, and the conduct of

_ the chief justice and clerks a subject of universal com-

plaint: they admitted, that the late chief justice, Peter
Henly (whose death was lamented by all who wished
to see the hand of government strengthened, the laws
duly executed, and justice impartially administered)
from a pious sense of the obligations of his oath, had con-
formed to the act of 1748, for regulating officers? fees,
but they thought themselves bound in duty to their con-
stituents to provide against the pernicious effects of a
contrary conduct: they expressed their hope, that the
new chief justice (Charles Berry) would think his pre-
decessor’s laudable conduct in this respect worthy of
imitation, and, in that expectation, were willing to leave
him, in this regard, in the same situation as chief justice
Henly had been. As to the money proposed to be bor-
rowed out of the sinking fund, they observed, that the
contingent fund was upwards of two thousand pounds
in arrears, and as no method appeared more eligible,

they offered to advance the sum upon the tax by which
the money was to be replaced. The upper house per-

Sa es OE AE

1769] THE FIFTH. 101

Sisted in their proposition to strike out the clause for the
loan, and that the salaries should be paid by a tax, to
Commence in the following year. The lower house re-
Plied, that the salaries were not the only object of the
loan; that to oblige the creditors of the province to
Wait until money was collected by a tax, would be an
injurious treatment, which would sensibly affect its
Credit: they added, that the measure was adopted in
Conformity to several precedents on similar occasions, par-
ticularly the one first proposed and afterwards insisted on
by the upper house, where two thousand eight hundred
Pounds were applied to the chief justice’s salary, that of
the attorney general and other contingencies, to be re-
placed in four years by a tax, when the very law under
which the money was signed, expressly provided it
Should not circulate for any use whatever, until the
King’s pleasure was known: notwithstanding which,
the lower house had been so careful, to avoid every valid
Objection against a bill of such importance to the pro-
Vince, that they had forborne to insert the clause, rela-
ting to the application from the sinking fund, until they
had ascertained, that it was not contrary to the king’s in-
Structions. They lamented being reduced to the disa-
Sreeable necessity of framing bills to supply the place of
the valuable laws which had been lately repealed, through
misrepresentations, originating in interested views, ever
incompatible with the public good: they reminded the
Upper house, that the salaries of the chief justice and
attorney general were at first intended by the legislature,
4s matters of mere compliment, at a time, when the pro-
Vince was in.a prosperous situation: they added, that as
© other expedient could be found at the present junc-

 
 

 

102 CHAPTER [1759

ture to defray that expense, should the upper house re-
ject the bill on that account, care must be taken in fra-
ming another court bill, not to insert any clause, how-
ever necessary, that may introduce the least charge on
the province; and concluded with a hope, that if the bill
miscarried, the most sincere endeavors of the lower
house would be accepted, by their unhappy constituents,
in lieu of the. valuable advantages which the bill was
calculated to produce.

The upper house continued to insist on the clause be-
ing struck out, as the breaking in upon the sinking fund
would give a deadly blow to public faith, and pressed
the assembly to weigh the fatal consequences that would
attend the rejection of the bill.

In their second message, the lower house admitted the
impropriety of an application from the sinking fund,
which necessity did not imperiously call for, but they de-
clared it impracticable, without it, to pay the debts of the
province, or to attain the valuable ends, intended by the
bill, As the sum, intended to be borrowed, did not ex-
ceed two thousand five hundred pounds, and was to be
replaced by a tax which would commence in 1763, the
currency of the province would not be depreciated, nor
any individual prejudiced. They concluded by observ-
ing, that on the most mature consideration of the mes-
sage of the upper house, such were the sentiments of
the lower, from which they could not depart, and refer-
red it to the consideration of that body, whether the pub-
lic good would not be better promoted by the passage,
than by the rejection of the bill.

The upper house voted that the bill be rejected, un-
less the lower house would on the next day signify their
consent, that the clause should be stricken out.

FR LE ane ait PRE

1759} THE FIFTH. 103

On being informed of the provisional fate of the bill,
the lower house replied, that rather than to see the pro-
Vince réduced to the confusion and disorder which the
want of courts must necessarily introduce, they would
agree to expunge the clause, and with it such parts of
the bill as allowed salaries to the chief justice, his asso-
ciates and the attorney general, which appeared to them
a necessary consequence of the clause, objected to.

On reading this last message, the upper house reject-
ed the bill absolutely.

An attempt was made in the lower house to pass a
bill for an emission of paper money, but the governor
communicated to them an article of his instructions,
which required him to withhold his assent from any bill
for the emission of paper money, unless it contained a
clause, that neither the bills proposed to be emitted, nor
those hitherto issued, should be a legal tender.

An aid was granted to the king for the subsistence of
the troops and militia now in the pay of the province ; it
was directed to be paid out of the fund, heretofore appro-
priated for the purchase of glebes and the establishment
of schools, the king not having signified his pleasure on
that appropriation.

Parts of the counties of North Hampton and Chowan
were erected into a separate county, to which the name
of Hereford was given.

The province rapidly increased in population, and al-
though its prosperlty was considerably checked by the
great exertions which were required from it for the sup-
port of the war ; yet, as it was exempt from the ravages
of the enemy within its own limits, except on its west-
ern border, it extended its agriculture and increased its

trade, The culture of tobacco had been successfilly at-

 
 

104 CHAPTER ) [1759

tended to in the middle counties, and inspection. and
ware houses for that commodity were now established
on the river Neuse and its branches,

The commerce of the ports on Neuse and Pamplico,

having more to apprehend from the difficult navigation
of those rivers, than from any immediate attack from the
enemy, against which it was protected by akind of natu-
ral fortification, the powder and lead duty, hitherto col-
lected in kind, was directed to be received in money,
and the proceeds of it applied to the erection of beacons
and the stakeage of the channels of those streams. A
similar provision was soon after made for the improve-
ment of the navigation from Howard’s bay to Bear in.
let, in the county of Onslow. Extensive new roads
were lald out in the interior part of the province, and at-
tention paid to the erection and improvement of the
public buildings in the counties.

A tract of land, in the county of Orange, one of the
westermost, had been laid off by an individual, W.
Churton, on Enoe, one of the branches of Neuse river,
on which a number of houses had been: built. ‘The
healthiness of the spot and its convenient situation for
an inland trade, induced the legislature to give to the
establishment, the saction of its authority. It was call-
ed Childsburg, in honor of Thomas Childs, the attorney
general of the province, a gentleman of considerable
ability and influence. The name was afterwards altered
to Hillsborough, either from the hilliness of the ground,
or in compliment to Wells, earl of Hillsborough, the
secretary of state for America. :

A bill passed both houses for the appointment of an

agent, to solicit the affairs of the province in England:
the governor withheld his assent from it.

1760} THE FIFTH. 105

On the 9th of January, governor Dobbs dissolved the
assembly, complaining, ina speech of which a copy was
refused to the speaker of the lower house, of their back-
wardness in framing an acceptable court system, and
laws to compel sheriffs to account for public moneys,
and assigning as one of the causes of the dissolution,
the long time the assembly had existed; nearly {six
years.

Governor Lyttleton, of South Carolina, on the first
account of the irruptions of the Cherokees, on the bor-
ders of the southern provinces, had embodied a con-
Siderable portion of the militia of his province, and de-
termined on marching into the Indian towns and chas-
tising the savages. While he was making his prepara-
tions for that purpose, thirty-two Cherokee chiefs came
to Charleston, with a view to represent to the governor,
that the nation did not support the warriors who had
committed acts of violence upon the whites; that the
chiefs had in vain attempted to restrain their young men,
and were willing that satisfaction should be made, for
these outrages, which the body of their nation reproved.
The governor refused to listen to these overtures of
peace and set ont for Congaree, a place at the distance
of about forty miles from Charleston, which he had ap-
Pointed for the general rendezvous of the militia. The
Cherokee chiefs were induced to accompany the gover-
nor thither. He had represented to them, that, although
he was determined on marching into their country, as
they had come to him as embassadors of peace, he would
See that they returned unhurt, into their towns; but,
%s the whites were much exasperated, he could not an-
Swer for the treatment the chiefs might receive, if they
©xposed themselves alone to their resentment. The

N.carRo Wu. 14

 
 

 

106 CHAPTER [1768

Indians marched to Congaree, apparently satisfied; but
in reality, chagrined and vexed, at the manner in which
their unfeigned attempts to conciliate differences, had
been received. On his arrival at Congaree, governor
Lyttleton confined the thirty-two Indian chiefs, as pris-
oners of war; and when the army marched, a cap-
tain’s guard was mounted over them, on the way;
they were made to accompany the army to Fort Prince
George, and on their arrival there, were confined in a
miserable hut, scarcely sufficient for the accommodation
of six soldiers... Shortly after, the governor concluded
a treaty of peace, with six of the headmen of the Chero-
kee nation, by which it was agreed, that the Indians, in
his possession, should be kept as hostages, confined in
the fort, until an equal number of the Indians, guilty
of murder, should be delivered up to him; that trade
should, in the meanwhile, be opened and. carried on as
usual: that the Cherokees should kill or make every
Frenchman prisoner, who should presume to come into
their nation, during the continuance of the war; and
that they should hold no intercourse with any of the en.
emics of Great Britain, but should apprehend any per-
son, white or red, found among them, that might be en-
deavoring to set the English and Cherokees at variance,
Early in the year, governor Dobbs received de-
spatches from Mr. Pitt, informing him, that the king
had resolved to exert the whole force of Great Britain
and her colonies, to finish the war in the ensuing cam-
paign, and instructing him to use ‘his utmost influence
with the legislature, to induce them to raise, with the
utmost despatch, as many men as the province could
spare.
Writs of election’ were accordingly issued, and the
legislative body was summoned to meet at Newbern,

1760 | THE FIFTH. 107

on the 24th of April. In the county of Orange, a num-
ber of disorderly persons rose in arms, and, in a violent
and riotous manner, prevented the sheriff from holding
an election. The inhabitants of the town of Halifax,
claiming the right of being represented in the lower
house, under the act of 1715, and governor Dobbs re-
fusing to grant them a charter, prevailed on the sheriff of
the county to hold an election, and to return Stephen
Dewey, the person whom they chose. He was suffered
to take his seat.

In opening the session, the governor expressed the
pleasure he felt in meeting a new assembly, and ms
hope, that the great and surprising success of the king’s
arms, and the distress and ruin of the trade and marine
of France, in which the assistance of Divine Providence,
was eminently displayed in the defence of the Protestant
religion and the cause of liberty, would induce them m
use their utmost power, in conjunction with the king’s
forces from Europe, to drive the French from all unjust
acquisitions on the continent, and procure ample secu-
rity, from the invasions and depredations of the French

. and Indians:

He recommended the earliest attention to a court sys-
tem, and the appointment of an agent in England, by a
Special bill.

2 rn house, in their answer, animadverted on .
the speeches of the governor to the last assembly, at the
Prorogation and dissolution. ‘They observed, that the
bill framed by the house had no other object, than the
grant of an aid to the king, and the appointment of an
agent, as recommended by Mr. Pitt; and inno other
instance, had he,-or any of his predecessors, —
any exception at the manner in which.a bill of supplies

 
 

      

  

108 CHAPTER [¥760

was framed. In reply to the speech at the dissolution,
they took noti¢e, that the treasurers were, by law, to ac-
count with the assembly: and the constant practice had
been, for them to.do-so before a committee appointed by
the house, who re-examined the accounts. on the report
of their committee. With regard to the sheriffs. they
admitted that they had observed several deficiencies in
their collections; but, they added, that, in the con-
fused state of the province, from the turbulent disposi-
tion of factions, cabals and dangerous insurrections, it

could not, with reason, be supposed, that sheriffs, more
than magistrates or other officers, could fully discharge

their functions; an inconvenience which they hoped
would be removed, by the establishment of courts of
justice on a respectable footing. ‘T hey concluded, by
assuring him, that those observations were dictated by
their duty to their constituents, and not by a desire of
raising disputes with him.

The governor replied, that he had laid before the
house the accounts lately forwarded from New York, of
the sums, issued for the troops sent to that province,
and the officers who seryed on the Ohio were ready to
account for the sums they had received. He said no
money had passed through his hands; he had only is-

sued orders, which the persons in whose favor they were
had to account for.

He said the loss of the aid bill was to be attributed to
tae clause, foreign to the object of it, which the house had
insisted on inserting.

He added, that in regard: to the accounts of the trea-
surers, he: had strictly pursued his instructions, which
required him to see them properly audited, laid before
the legislature, and afterwards transmitted to England :

 

1760} THE FIFTH. 109

that, if the king thought proper to withdraw his instruc-
tion, he would gladly acquiesce : but he had thought it
his duty to inform the house, that the accounts were ir-
regular, as no list of taxables were produced by the
treasurer for the northern district, nor any afrear return.
ed, so that it could not appear what was the amount of
the tax, nor whether the deficiency was occasioned by
the sheriffs, or the neglect of the treasurers.

The house passed a resolve, asserting their indubita-
ble right to frame and model every bill wherein an aid is
granted to the king, in such a manner, as they believe
Most conducive to his service, honor and interest, and
declaring every attempt to deprive them of the enjoy-
Ment of that right, an infringement on their rights and
privileges.

By another resolution, they declared the mode, ob-
served by the treasurers in stating the accounts exhi-
bited at the last session, agreeable to the laws of the pro-
Vince and conformable to constant and uninterrupted
usage, and the method proposed by the governor, unpre-

Cedented and repugnant to law.
The houses gave their first attention to the passage of

bills for establishing courts of law, which had three
readings in each.

By these acts, the courts of judicature, constituted
and the regulations made for the administration of jus-
tice, by the acts of 1754-5, which were repealed by the
late order of the king in council, were re-established with
Some alterations and additions, in respect to the qualifi-
Cations of the judges of the superior court, the duration
of their commissions and the jurisdiction of the inferior

or county court.
 

110 CHAPTER "

The superior court act divided the province into five
districts, and appointed courts to be held in each of them
semi-annually, by the chief justice and his associate
judges, to whom jurisdiction was given in all civil cases,
where the demand exceeded ten pounds, and also in all
criminal cases, from the highest treason to the lowest
trespass.

It was provided, that no person should be appointed
an associate justice of the superior court, unless he had
been regularly called to the degree of an outer barrister,
in some of the English inns of courts, be of five
years’ standing, and had practiced law in the princi.
pal courts of judicature of the province: the commis-
sions of the judges were to be during good behaviour.

The county court act gave the justices jurisdiction of

all civil actions to the extent of fifty pounds, and in cases

[1760

of filial portion, legacies, distribution of intestates? estates, .

guardianship, the care of orphans and their estates, to
any amount.

The acts varied in so littlea degree from those which
had lately been repealed, that the lower house were uns
der just apprehensions, that the governor’s assent to
them would not be easily obtained: they therefore re-
presented to him in an address, that as the bills for re.
storing the courts of judicature, and, through them, life
to government and the rights and liberties of the people,
appeared to be of such vast importance, they had thought
it their duty to give them the preference over all other
objects, and they had been despatched with unex-
ampled unanimity and concurrence in both houses, and
hoped their operation and excellence would distinguish
the wisdom and justice of the legislature.

;
:

:

1760) THE FIFTH. 111

They urged, that the extreme solicitude of the people
for such laws, and their own experience of the great
mischiefs which had resulted from a long interval of Ji-
Centiousness, called on them to beseech him to give the
acts his immediate assent, not only that a proper founda-
tion might be laid for rendering so great a satisfaction to
the people, but to warrant the house in proceeding to the
despatch of other important matters,

They added, they were thus eager to obtain his early
assent to those laws, from a desire to proceed to frame a
further remonstrance to the king, to show the expedien-
Cy of their deviation, in some articles, from what may
have been considered his directions in framing the bills.

The house strengthened their importunity by an as-
Surance, that they would exert every practicable endea-
Vour to demonstrate the strictness of their attention to
the general objects which he had, so powerfully, recom-
mended at the opening of the session.

When this address was presented to the governor, he
replied, that it was of an unusual and unprecedented na-
ture, and he would consult gentlemen more con-
Vversant than himself in those affairs.

The governor discovered, by the manner in which he
Was pressed to give his assent to these bills, that the
house intended to regulate their conduct by his, and if
he rejected the bills, there was little probability of their
Paying much attention to his other recommendations,
The bills were liable to all the objections, which had
Caused the repeal of those they were intended to replace ;
Nay, they were more at variance with the instructions
Of the crown.

The clause, defining the qualifications of the judges,
Was an unconstitutional; restraint on the king’s preroga-

 
 

[1760

tive, almost precluding the appointment of any person
from England ; and he had reason to believe, it was in-
tended to compel him to appoint three particular per-

‘sons, to whom the qualifications were peculiarly adapted.
The clause, defining the nature of the tenure by which

the associate judges were to hold their offices, consider-
ed abstractly, was at variance with the principle of keep-
ing all great colonial officers under a strict subordination
to and dependence on the crown: but the irregularity
of it was the more striking, in relation to the tenure by
which the chief justice, who was to preside in those
~ courts, held his office ; this officer, chosen by the king,
being only appointed during the king’s pleasure.

The jurisdiction of the county courts was extended
to fifty pounds, while it had been complained, that in the
repealed bill it had been raised to forty. “When the
ability of the colonists was considered, causes of that
value were viewed in England as of too great conse-
quence and importance to be determined in those courts,
in regard to the qualification and abilities of the persons
who composed them. ‘There wasa still greater absurdi-
ty, in restraining the jurisdiction of these courts, in
common actions at law to a limited value, and giving

them unlimited jurisdiction in cases of a more delicate
nature.
The governors of the American provinces, by a stand-
ing article of their instructions, were inhibited from giv-
ing their assent to any bill of an extraordinary nature,
affecting the property of the king’s subjects or the trade
and commerce of the colonies, without having first trans-
mitted a copy of it for the king’s consideration, unless
with a clause, suspending the operation of the bill till the
king’s pleasure was known: and the ministers in Eng-

1760) THE FIFTH. 13

land were inclined. to extend, rather than restrain, the
Sense of this instruction.

Perplexed at his situation, governor Dobbs sought a
Cloak for his conduct, in procuring the sanction of the
advice of the chief justice and attorney general, who
Were required to declare in writing, whether it was ex-~
Pedient to assent to these bills.

Chief justice Berry, who was in England and had
been spoken to, when the repealed laws were before the
king’s council, answered, that as the superior court bill
provided competent salaries for the associate justices,
80 as to make it worth the attention of persons of skill and
learning in the law to accept the offices, whereby, not-
withstanding the expensiveness of the circuits, the causes,
depending in the superior courts might now, without
delay, receive proper determinations, the chief reason
for repealing the superior court act, passed in 1754,
was thereby obviated ; and the attorney general, Tho-
mas Childs, contented himself with observing, that the
desperate situation of affairs required the governor’s
dssent.

The general expressions, in which those gentlemen
©ouched their advice, did not authorize the belief that
it would sanction the step, and the governor determined
©n temporising, at least till the passage of the aid bill.

In a message to the lower house, on the following
day, he expressed the greatest concern that, at any time,
he should be compelled to resist the request of the
house, and more particularly, at the present important
juncture, when they were summoned to meet, by the
king’s order, to give him an aid of men. He lamented,

that the consideration of the king’s request, which
Ought to have been the first object of the attention of

N. CARO, Ile 15

 
lid CHAPTER [1760

the legislature, had been postponed for above three
_ weeks, to give way to laws relating only to the interior
concerns of the province.

He observed that it was his duty, in common decen--

cy and respect to the crown, to give the precedency to
an aid bill, over any other; that it had been the uninter-
rupted usage of the houses of commons of Great Britain
and Ireland, since the happy establishment of their con-
stitutions and liberties, by the revolution in 1688, to
offer the aid bill to the royal assent before any other;
and he found this to be the practice in the province,
where all the bills were offcred together, except in a single
instance, at the last session, in passing the militia bill,
which might be considered as an aid bill, since it author-
ized the king to march the militia out of the province.

He concluded by saying, it could not be very material
if the bills, now waiting for his assent, were postponed
for a day or more, and expressed his hope, from the
zeal which the house had always manifested to enable
the king to drive a cruel enemy from the continent; that
if the aid bill was not passed before, it would at least go
hand in hand with the others, especially as a delay in
raising and disciplining the forces might defeat the king’s
views.

The house replied, that they could not concur with
him in the idea that the court bills, though relating to
the interior concerns of the province, were of so light
importance.. When they considered how many licen-
tious, disaffected and evil disposed persons had, for ma-
ny months past, assembled in different parts of the
country, entered into mutinous and dangerous conspira-
cies, broken open the jails, and while they, forcibly rescu-
ed malefactors, restrained the liberty of innocent persons,

1760] THE FIFTH. 115

without any measure being taken to suppress these out-
Tages; they deemed it a matter of the utmost impor-
tance, that court laws might be immediately passed, to
Strengthen the hands of goverument and enable it to
check these disorders.

They added, that they apprehended that, according to
the usage and custom of the British parliament, the

commons were at liberty to offer the bills they passed
for the royal assent, at any time they thought proper,
and were governed in this respect by particular circum-
Stances and the emergency of the times.

Having at all periods manifested their loyalty to
the king and their zeal for his service, by granting
every aid of money and men which the governor
had asked, even to the impoverishment of their con-
stituents, and being still ready to risk their lives and
properties, to join in defence of the king’s rights
and possessions, they had now an aid bill before
them, which, as well as several others under con-
sideration, had such an intimate connexion with,
and dependence on, the court bills, that they could
not operate till the latter were passed into laws,
they felt it their indispensable duty to give them the
precedency.

They concluded with a hope, that the governor
would immediately give his assent, and thereby af-
ford protection and security to the lives and pro-
perty of their constituents.

The governor replied, that finding the house, mis-
led by some of the king’s servants, were determin
ed to proceed on no business until they knew the
fate of the court bills, it became bis duty to inform

 
116 CHAPTER [1760

them, that those self interested gentlemen, who had_ |
procured the repeal of the former court laws and

had earried the present. bills through the houses,
were the cause of the delay in their passage, as well
as that of the aid bill; having procured to be inserte
ed, an unnecessary clause, diminishing the king’s
prerogative, and, with a view to serve their own
ends, placed the chief magistrate in the unpleasant
dilemma of betraying his trust and disobeying the
king’s orders and instructions, by granting his assent,
or seeing a flame raised against his administration,
if he withheld it: a flame which, one of those gen-
tlemen had already raised, contrary to his duty to
the crown, in order to throw off the merited blame
of having procured the repeal of the former bills, by
his artful recommendations and representations;
while he now sought to have them re-enacted with
supplementary clauses, ‘contrary to the king’s in-
structions,

As to the great tumults and riots, which were
mentioned, as causes for the immediate passage of
the bills, he observed, that during the period of
eight months, since which, the repeal of the court
laws had been promulgated, no application had
been made to him for a comniission of oyer and
terminer, which would have answered the pre-
tended, purpose; if the court laws were indis:
pensable, unexceptionable bills should have been
offered him; and the house might have known on
application in what parts they were repugnant to
the king’s orders and instructions, which might

have been done, and the bills ratified early in the’
session.

1760} THE FIFTH. 17

He informed the house that he could not pass the
bills, unless the exceptionable clauses were ex pung-
ed, or a clause was inserted suspending the opera-
tions of the laws until the king’s pleasure was known.
He laid before them the clauses in the king’s in-
Structions which forbade his assent, in their present
shape, to the bills, andconcluded by observing, that
after the aid bill and such other bills as were ready,
Were passed, he would prorogue the legislature for
a day, to give them the opportunity, in a new ses-
Sion, to model the bills in such a manner, as might
allow him to pass them into laws.

The house went into a committee of the whole
On the distressed state of the province and the

Sovernor’s last message. They closed their doors
and laid themselves under an injunction of secresy,

under pain of expulsion. ‘The committee reported
@ string of resolutions, containing their complaints
against governor Dobbs; they were recapitulated

in an address to the king, which the house approy-
ed of.

After the usual expressions of loyalty and fidelity
to the person and family of the king, this paper
States, that no consideration less than the prospect
of total ruin, from undue exertions of power and in-
ternal. commotion in his distressed. provinee, could
have induced the. house to trouble. his royal ear:
but that, when by the injudicious and partial ap-
Pointment of justices, unqualified for 'the trust, and
the removal of others, liable to no objection, magis-
tracy had fallen into contempt, and courts Jost their
Influence and dignity; when rioters were permitted
to assemble in several parts of the province, erect

 
 

 

 

118 : CHAPTER [1760

sham judicatures, imprison the peacable subjects of
the king, break open jails, release malefactors with
impunity; when the authors of these outrages were
countenanced by the governor and honored with
commissions as justices and militia officers; when
citizens had received corporal punishment by the
arbitrary mandates and private orders of j udges still
continued in offices when illegal and arbitrary pe-
cuniary Claims were enforced for the use of the gov-
ernor and secretary; when the forms of writs of
elections had been arbitrarily altered an@ diversi-

fied, to have particular men chosen and defeat the
elections of others: some writs directing the freehol-

ders, other the inhabitants generally, to choose; by |

which last form, servants and even convicts might
be admitted to the polls, whereas, by king Charles’
charter, laws were directed to be made by the as-
sent of freemen and their delegates; when a writ
had been issued to one county for fewer members,
than they had used and ought to send, and to an-
other none at all, till several bills had passed: by
which practices it remained no longer a secret, that
the governor intended to model the assembly for
his own particular purposes, as he had before re-
formed the council by suspensions and new appoint-
ments; when insulted by blood thirsty savages on
the exterior settlements, and in no less danger of
falling a prey to internal enemies, the people of the
province could only resort to their sovereign for
succour, as the fountain from whence justice and
protection flow to his most distant subjects.
The facts thus enumerated, are represented as far
trom forming a complete catalogue of the sufferings

 

Sa Mn gee CaS a GIN ae eI EE Te a ae 5

1760] THE FIFTH. 119

of the inhabitants of the province, who, nevertheless,
have; with great cheerfulness and alacrity, embrac-
ed every opportunity of testifying their zeal and
loyalty to the king, and exerted their utmost efforts
in the maintenance of his rights. ,

The house expressed their concern, that in theap-
plication of the several aids, which had been under
the governor's directions, less regard had been paid
to the useful purposes, intended by the legislature,
than to enriching his particular friends and favor-
ites; military commissions having been granted to
Persons of little or no weight in the province,
whereby the raising of recruits had been delayed
and the service injured. ;

They lamented, that it had been the particular mis-
fortune of the province, that, by the governor’s decisive
influence on the council, the assembly had hitherto been
Prevented from appointing an agent, to represent their
dutiful affection ‘to the king and solicit the provincial
affairs at the public boards in England ; and that, at the
session of the legislature, in May, 1759, provision had
been made for such an appointment ; but the bill was
Peremptorily rejected by the upper house, who assigned
no reason; and the governor, thereupon, prorogued
the legislature, bitterly reproving the lower house, for
presuming to insert a clause for the appointment of an
agent, in an aid bill, although such bills, with clauses
as little analagous to the aid, had, without the least ex-
ception, been before passed in his administration ; and it

Was notorious, that the true reason for the rejection of the
bill by the upper house, and the governor’s displeasure,
Was, the agency hadnot been given, by the lower house, to
One Smith, bis attorney in London, So that the aid,
 

120 CHAPTER f1760. 1760] THE FIFTH. 123

:
I
|
'
7

intended by the king’s dutiful subjects, recommended Causes plain and easy to be understood by lawyers, and

 

 

 

by the minister, had been postponed to gratify partial
views and private interest, while the motive was veiled
with feigned objections and subtile refinement, never
before offeréd to an assembly.

In concluding, the house observed, that they refrained
from mentioning many abuses of power and acts of
oppression, other than those which, constrained by the
necessity of the times and the despondent situation of
the province, they had related; and that nothing less,

than the impending prospect of desolation and ruin,
could have induced them to remonstrate against the

conduct of a governor, to the ease and happiness of
whose administration, they had vainly endeavored to
contribute ; that, for some time, they had remained pas-
sive, under the yoke of oppression, unwilling to inter-
rupt the important avocations which necessarily engage
their sovereign’s attention ; but, perceiving themselves
on the brink of anarchy and ruin, they, with humility
and duty, supplicated his justice for relief,

They charged Anthony Bacon. to deliver the address
to Mr. Pitt, to be presented to the king, and. the spea-
ker was requested to write and send copies of it, to the
earls of Granville and Halifax, and the secretary of
State.

The thanks of the house were given to the attorney
general, for the candid advice he had given the governor
to pass the bills,

The house addressed the governor again: they be.
wailed, that he had suffered his ear to be assailed by de.
signing men, and the evils that flowed from the incom-
petency of some of the judges he had appointed ; and
added, that the delays, occasioned by advisari's in

the erroneous judgments given by those lay judges,
abundantly showed, the necessity of the qualifications
required by the upper court bill; they observed, that,
Not to mention other instances, the corporal punishment,
inflicted by order of his nephew, Richard Spaight, one
of the judges, on an innocent person, without a trial by
jury, contrary to all law, and in violation of the great
charter of English liberties, was an unanswerable argu-
ment in favor of the proposed amendment, and the per-
tinacious adherence to the letter of an instruction, in a
matter that could not have been in contemplation, at the
time it was given, manifested an unreasonable desire to
retain the power of appointing judges, for private views
and partial ends.

They expressed their concern, that they should differ
in sentiment from him, having made it their study to
tender him easy and happy, and, when their best endea-
Vors for the king’s service, and the interest of his sub-
jects, were represented in the most disagreeable light,
they could only say, they had the comfort of a good
Conscience. "%

In regard to the commissions of oyer and terminer,
for the trial of the licentious rioters, who, by their dan-
Serous practices, had disturbed, with impunity, the
tranquility of the province, the house apprehended,
that, from the general defection in the part of the

Country in which they committed their outrages, the _

Commissions would have no other effect, than to
bring the rage of unruly mobs on those who should
act under them; and they expressed their concern,
that these mobs increased in number and influence,

N. CARO, II. 16

 
 

 

ae Mee eae OS Le Cust, rac ence

122 CHAPTER [1760

by several of their ringleaders being countenanced by
the governor, and honored with commissions, as justices
of the peace and militia officers.

They concluded, by lamenting, that the chief justice
and attorney general should have incurred his displea-
sure, by giving their candid sentiments, in consequence
of his command, on some insnaring questions proposed
on extracts of his instructions.

The governor rejected the superior court bill.

An act was passed, establishing county courts, and

provision was made for the support of an orthodox

clergy.
On the 23d of May, the the legislature was prorogued
by proclamation, till the 26th of the same month.

A

a

On opening the second session, governor Dobbs in- _

formed the houses he had called them together with the
view of affording them the opportunity of re-consider-

ing the superior court bill, and determining whether any _

aid was to be granted to the king.

_ The superior court bill being offered to the governor,
with a clause providing, that, if the king did not con-
firm it within two years from the 10th of November fol-
lowing, it should, from thenceforth, be null and void,
received his assent.

The upper house having made an amendment to the
aid bill, on its second reading, the lower house resolved,
that this was an invasion of their privileges, and an evi
dence of an intention to disturb the harmony, which ought
to subsist between the two branches of the legislature,
tending to defeat their dutiful endeavors in granting the
aid; but, protesting that the amendment should not,
hereafter, be drawn into a precedent, they resolved, that
desirous of evincing their loyalty to the king, they would

RMT SS ASR

1760] THE FIFTH. 123

Not reject the bill, and would proceed on it, notwith-
Standing the unparliamenzary proceeding of the ‘upper
house.

On the third reading of the bill for appointing an
agent, the upper house opposed the appointment of
Anthony Bacon, and insisted on the name of some other
Person being inserted. On the disagreement of the
lower house, the bill was rejected.

The lower house then, by a resolve appointed this
Sentleman, agent of the province for two years, with a
Salary of two hundred pounds sterling, per year.

The aid bill passed both houses, with a clause, pro-
Viding for the emission of paper money: it was re-
Jected by the governor, and the legislative body was
Prorogued.

Chalmers—Marshall—Records.

 
 

CHAPTER VI.

Tur. tranquility which followed the treaty con-

cluded by governor Lyttleton with the Cherokees, was
of very short duration: the Indians had been awed
into it by the presence of a large force in the middle
of their country: the effect subsided with the cause:
The treatment which their embassadors of peace had
received in Charleston, their cruel imprisonment in
fort Prince George and their subsequent detention,
unauthorized by the late treaty, were circumstances
which the spirit of the nation could not brook. Oco-
noota, an influential chief, heading a small party of
choice warriors, advanced towards fort Prince George
to create or improve an opportunity of relieving his
companions from bondage, or wreaking his revenge on
those who detained them. Governor Lyttleton, at his
departure, had left the command of the fort to captain
Coytmere, an officer who was peculiarly obnoxious
to Oconoota. ‘This circumstance contributed greatly
to inflame the mind of the Indian, offering the double
incitement of succouring his friends and destroying
his enemy. For a number of days, his endeavours:
had no other effect, than to compel the garrison to
keep within their fort. Stratagem soon effected
what the force Oconoota could command was unable
to,.execute: he withdrew his men for a few days, to

.

CHAPTER. 125

1760}

create the desultory hope of security, and some time
after brought them back, placing them in a dark
thicket by the river side: this being effected, he sent
a squaw to Coytmere to inform him, he had a mes :
Sage to deliver him from the chiefs of his nation, de-
Sir'ng he would come and speak to him on the oppo-
site side of the river; in the mean while, he crossed
the stream. Coytmere, accompanied by his two lieu-
tenants, walked to the river, and the Indian from the
opposite shore told him, that, being on his way to
Charleston to procure the release of the chiefs, he
wished ove of the soldiers might accompany him as a
safeguar; he held a bridle in one of his hands and
pretended he was going to look for a horse. Coyt+
mere answered in the affirmative ; some desultory con-
versation followed, and Oconoota, turning towards
the woods, swung the bridle twice over his head, the
concerted signal, at which the Indians in ambash
rose from the thickets, and firing, killed Coytmere
and wounded his two officers. On hearing the re-
port, the officer in command at the fort ordered the —
chiefs in his possession to be put in irons; the
Indian on whom this order was first attempted to be
executed, stabbed the soldier who took hold of him,
and wounded two others; the garrison, exasperated,
fell on the others and slaughtered them.

The chieftains in every town alarmed their coun-
trymen and called on them to revenge the spirits of
their murdered brethren, hovering around their huts :
the song of war was begun, and the youths of the “4
tion, impatient of vengeance, rushed on the innocent,

" efenceless and unsuspecting families of the planters

 
 

126 CHAPTER {1760

on the back settlements of the whites, and regardless
of the claim of age, childhood, or the softer sex
spread death, desolation and waste; few escaped the
_ knife, many of those few perished with hunger and
distress in the wilderness, others were carried off
for more cruel, because more protracted torments.
The bearers of the first tidings of this massacre found
the city of Charleston desolated by the small pox
which raged with so much violence, that few of the
militia could be prevailed on to leave their sickening
or frightened families, to march to the relief of the
frontiers. The distress of the province was however
relieved, by the arrival of colonel Montgomery witha
detachment of regular troops: his force being in-
creased by as many of the militia of South Carolina
as could be raised, and a part of that of North Caro.
lina under the orders of Hugh Waddle. Colonel
Montgomery marched towards the Cherokee towns;
he destroyed all the lower ones, but approaching that
_of Ktchoe, the first of the middle settlements, he met

in a thick wood a considerable body of Indians, and

in the battle which followed, an equal slaughter left
victory undecided; and the leader of the whites, fiom
this specimen of Indian tactics, apprehending danger
in penetrating farther into the country of the enem
marched back to fort Prince George. in
In the latter part of the month of May, lieutenant
governor Bull, on whom the government of the pro-
vince of South Carolina devolved, at the de ae
of governor Lyttleton, received information es the
officer commanding at Augusta, that on the 14th the

uppper Creeks had murdered above twenty English

i

i

7
.
.

1760] THE SIXTH. ~~

traders, the rest having, on previous notice by their
Women, fled to Pensacola. The lower Creeks, on
receiving the information, doubted of its correctness,
and despatched runners, who brought the confirma-
tion of it: they told the English traders among them,
that the upper Creeks would soon be down, with the
intention of acting the same tragedy on them; that
they could not fight against their own countrymen,
and therefore, supplying the English with arms, ad-
Vised them to unite in one of their towns and make
the best defence they could. On the next morning,
however, the Indians escorted them to Savannah.
Lieutenant governor Bull, on this occasion, solicit-
ed assistance from governor Dobbs: he represented -
to him, that there was much room to believe, that the
French had excited the upper Creeks to war, a cir-
cumstance which would render the united efforts of
the southern provinces necessary ; he stated the for-
midable number of warriors which the Indians might
bring into the field; according to his accounts, the
Cherokees and Creeks had two thousand each, and
the Choctaws five thousand, and there were other na-
tions under the influence of the French, towards the
Mississippi; the Chickasaws could not be well count-
ed in the number of English allies, as their situation
and small number were likely to make them either
join, or be cut off by the general alliance against the
English.

In consequence of this information, the legislative
body held its third session at Wilmington, on the 30th
of June. The letter of the executive of South Care-
lina was laid before them, and governor Dobbs soli-

 
He
} :
i}
i
| Be
i

- They admitted, that the bounty was small,
_ward of five pounds was offered for every scalp, and

 

428 ~ CHAPTER [1760

cited them to grant a proper aid to the king, and
make such amendments to the militia law, as. the
emergency required.

The lower house, in whom the feelings exciied by
the violent altercations between them and the gover-
nor, at the last session, did not appear to have sub-
sided, were at first unwilling to proceed to business,
a majority of the members not being present, many
having declined coming, on account of a rumor of
the small pox raging in the town of Wilmington.

They began their address, by bewailing the thin-
ness of their house, and observed, that nothing but
the particular and critical situation of the country
could have induced them to depart from the establish-
ed rule, and proceed on business with a Jess number
than a full majority of all the members.

They next animadverted on the governor’s speech,
at the prorogation, and observed, that the aid bill,
which he had been pleased to reject, greatly varied
from that on which his observations had been found-
ed. They said, the slow progress in levying the
forces, to serve under general F orbes, was, in their
apprehension, occasioned by the unlucky choice of
officers, made by the governor, who were strangers
to the generality of the peopie; a misfortune against

which the last aid bill was attempted to be guarded.

but a re-

the Indians taken alive were to.become the property

;

of the captors, inducements, which, in the judgment

of the house, were likel

y to be equal to that of a
larger, bounty. ;

:
|

+

et. ts ee aaa

1760] THE SIXTH. 129

With regard to the disposition made of the twelve
thousand pounds proposed to be emitted, they observed,
the treasurers could have derived little advantage from
it, the province being six thousand pounds in arrears,
and the bill made application of the greatest part of what
Might rem. in, after the men were raised ; and that if the
house had acted as. the governor suggested they ought
to do, and invested him and the council with the power of
applying the money, their conduct would have been in-
consistent with their duty, and contrary to the constant
and approved method.

They expressed their desire of joining him in every
Measure that might redound to the king’s honor and ad-
vantage and the true interest of the province,

The governor, after the customary expressions of
thanks, replied, that he must inform the house, that their
quorum to proceed to business was by the king’s in-
Structions fixed at fifteen, to which number the house
Must now adhere. ’

He added, he would not enter into any disquisition in
regard to former bills ; but, he had to inform them, that
as to future bills, he would pass none that restrained the
executive power, which was the king’s prerogative ; the
only power, delegated to the assembly, being as to the
quantum of the supply, the mode of raising it, and the
Pay of the troops, all other considerations being incon-
Sistent with the prerogative of the crown.

A bill for the appointment of an agent passed the
lower, but was laid over in the upper house.

Two bills only were offered for the governor’s assent,
the militia and aid bills: both received it. Seven thou-
Sand pounds were granted to the king, for the protection
of the province and the relief of that of South Carolina,

N. CARO. He 17

as

ee 3

 
 

 

 

430 CHAPTER. [1760

and an emission of paper money, to the amount of twelve
thousand pounds, was directed ; the surplus was order-
ed to be applied to the contingent charges of govern-
ment already, or that might be allowed by the general
assembly, A poll tax of one shilling per annum was
laid, to commence in the year 1763 and continue till
the money emitted was collected and burnt. ;

A premium of five pounds for the scalp of every In-
dian killed in the war was allowed, and the soldiers were
allowed to retain all Indians taken alive as slaves, with all
the plunder that might be taken from the enemy,

The distant garrison of fort Loudon, found itself this
summer reduced to the dreadful alternative of perishing
with hunger, or throwing themselves on the mercy of
the Cherokees ; for a whole month they had subsisted
on the flesh of lean horses and dogs, and a small supply

of Indian beans, which friendly squaws procured for
them. In this deplorable situation, it was determined

to surrender the fort: captain Stewart was therefore
sent to Chota, one of the principal Indian towns in the
neighborhood, where he met the chiefs of the Cherokees,
and agreed on the outlines of a capitulation, which were
afterwards confirmed and ‘signed by the commandant.
The men were allowed their arms, and as much ammu-
nition as the officers should think they wanted on their
return ; the garrison was permitted to proceed to Vir-
ginia, or fort Prince George, and Indians were to be al-
lowed to escort them and search for provisions ; the sick
and lame were to be received into the Indian towns and
protected until they recovered ; horses were to be fur-

nished to the garrison, at a fair price ; the heavy artillery,
powder, ball and spare arms, were to be delivered to the

|

'

THE SIXTH.

1760] ge:

Indians, on the day appointed for the march of the
troops. |
When they abandoned the fort, the British troops
Were escorted by a number of Indians, headed by Oco-
nootota ; they marched on that day fifteen miles, towards
fort Prince George. At night, they encamped ona
plain, about two miles from ‘Fellico, an Indian town,
Where the Indians, one after another, disappeared ; they
remained the whole night unmolested’; but, at the break
of day, a soldier from one of the outposts ran in and in-
formed, that he saw a vast number of Indians, armed
and painted, creeping among the bushes and advancing
to surround the English. Time was hardly given for
the soldiers to stand to their arms, when the Indians
poured ina heavy fire, from: different quarters, accom~
panied with horrid yells and screams. Captain Dennie,
three of his officers and twenty-six men fell; the rest
fled into the woods, were soon overtaken and: led
captives to the towns of the valley. :
These disastrous events in the southern part 0

the British empire in America, were, however, great-
ly counterbalanced by the great success of the
king’s arms in the north; the whole province of
Canada having been conquered in the course of the

t r.

: "The fourth session of the legislature was held at
Wilmington, in the month of November. On the
seventh of that month a majority of the whole lower
house not appearing, those on the floor refused’ to
proceed with the number of members present, =.
stituting a quorum by the king’s instructions, am '

came to a resolution, that, in the opinion of the me
 

 

 

 

 

132 CHAPTER ’ [1760

bers present, they could not consistently with the
charter of Charles II. and the usages and approved
customs of the assemblies of the province, proceed
to business, unless.a majority of the representatives
of the people were present. The warrant of the
speaker was directed to the sergeant at: arms, to
compel the attendance of the absent members, by
taking them into his custody. By this means a ma-
jority was procured a few days after.

Govern or Dobbs began his speech by congratula-
ting the houses on the reduction of Canada, and
added he had great reason tohope, that the Che-
rokees, intimidated by the great success of the
king’s forces, and the opportunity it would afford to
the commander in chief to detach a considerable
number of men to chastise them, appeared inclined
to accept the overtures of peace, lately made them
by governor Fauquier of Virginia, and lieutenant
governor Bull.

He recommended the continuance of the forces
already in the pay of the province, until peace was
finally concluded with the Cherokees, and as both
the neighboring provinces had determined on exert-
ing their whole forces to reduce the enemy to such
terms as would, for the future, avert the dread of an
Indian war; he expressed his hope that North Car-
olina would act in conjunction with them,

After expressing his reluctance to load the people
with taxes, or to depreciate the currency by issuing
paper money, he declares his readiness to enter i
any reasonable measure, so that so much of the mo-

ney paid to the agent of the province in London,

1760] THE SIXTH. 133

from the parliamentary grant, of which he had re-
ceived a part, might be employed to pay the forces
hitherto raised, as well as those that might be levi-
ed, by drawing bills on the agent, until peace was
obtained or the Indian commotions subsided.

He recommended, that they would think of the

Propriety of allowing a premium to encourage the
Culture and exportation of hemp and flax: and, as
flour and tobacco had of late become considerable

articles of export from the river Cape Fear, that
the inspection laws, relating to those commodities,
might be extended to the southern part of the pro-

Vince.
The lower house in their address observed, that,

although the province was one of the least in trade
and riches, it had already emulated the most opu-

lent in their zeal for the king’s service, having, du-:

ring the war, granted in several aids for the support

of the common cause, not less than £80,001, and:

thereby anticipated their funds and contracted a
large debt; yet, they would at this crisis, hoping it
might be the last, join withthe forces of Virginia
and South Carolina as many men, as the indigent
and almost exhausted circumstances of the province
Would allow.
They praised the governor’s moderation and
Wish to avoid burdening their constituents, but ex-
pressed their inability to conceive, that the propos-
ed plan of drawing bills could be executed, as the
Money already, allotted to the province out of the
first parliamentary grant, was by law appropriated
towards erecting publi¢ building and the residue (o

fee eR
 

 

RR:

-

SERIE Te SG aR ARTIS REO LAE TENET OS agp

134 CHAPTER [1760

other purposes, by various orders and resolves.
They flattered themselves, that had they been so
fortunate, as to have had the concurrence of the
other branches of the legislature, in passing a law,
more than once attempted, for appointing an agent,
in London, who might have produced proper docu-
ments of the disbursements of the province, and
represented the duty and loyalty of the people,
considering their circumstances, in their true and
proper lights to the king’s ministers, the province
might have participated in the first grant of £200,-
009 to the American provinces, out of which, the
province of Virginia had received £20,546, exclu-
sive of £32,268 19, her proportion of the second

grant of £50,000, while the whole sum,

coming to
the province,

was no more than £7,789 11, and
even out of this sum the house was now informed of
a demand of one thousand pound sterling, advane-.
ed by lord Loudon and governor Shirley, to pay the

troops of the province, at New-York, notwithstand-

ing the assembly had raised a fund, sufficient, for —

that service: the house could not therefore withhold,
their opinion that the small part of the royal bounty,
coming to the province, was apparently owing to
the absence of an agent to represent their dutiful
behavior to the king and his ministers,

They lamented the indispensable necessity in. which
they found themselves, the extraordinary charges of the
war having exhausted the resources of the province, to
postpone the consideration of premiums. on hemp and

flax, to a more favorable day.

They declared their conviction, that the prerogative of

the crown and the just rights of the assembly could

)

t

/
:
:

t

    

1760} THE SIXTH:

135

Well, and ought to subsist, inseparably together, and that
Whoever would attempt to divide them ought to be
deemed an enemy to both,., the prerogative of the crown
being, in their apprehension, exerted sdlely for the ease
and benefit of the people; they were unconscious of hay-
ing ever attempted to invade it, although the governor
in his speech, at the last sessions, and his reference to the
Tesolution of parliament, which he had sent to them,
Seemed to charge the house with it. They were sorry
to say that, they had been unfairly and unkindly repre-
Sented at home, as the assembly had never arrogated
to themselves the powers, stated in the resolution of
Parliament to have been claimed by the assembly of
Jamaica.

In his answer to this address, governor Dobbs said,
he must differ from the house, either as to the province
having no proper agents in London, the lords of the
weasury having accepted of the nomination both of the
Council and assembly, though of a distinct person, or
8S to the disposal of the balance of the £7,000, after
Mr. Abercrombie had paid himself the sum that the
house had allowed him, and they had it in their power
to have a proper aid bill to repeal any former application
and to.apply it, for the future, to the use of the province,
When no part had been applied in pursuance of their
former resolutions.

He expressed his hope that the house, adhering to their
loyal professions of uniting the king’s prerogatives and
the rights of the assemby, would put no tack to the aid

bill, as had been formerly attempted, and thus disabling?
him from the power of assenting to it.

An act was passed to regulate the elections of pom
bers of assembly. The freeholders, to whom the right
136 CHAPTER [1760 |

of suffrage was exclusively granted, were required to |

exercise it viva voce.

The county of Beaufort was divided, and the upper
part of it was erected into a separate county, to which
the name of Pitt was given, in compliment to a minister,
dear to the American people. ‘The late division of the
county of Edgecombe having left Enfield the place at
which the public business of that county was transacted,
in a remote corner of it, amore central spot was cho-
sen and a town erected on it, to which the name of Tar-
borough was given, from the river which washes it.
With a view to forward the erection of churches in the
towns of Wilmington and Brunswick, the legislature at
this session, first countenanced the mode of raising mo-
ney by a lottery.

In framing the aid bill, the lower house again inserted
a clause, appointing Anthony Bacon agent of the pro-
vince, for the purpose of representing to the king and
his ministers their dutiful and loyal behavior, and to lay
before them .proper documents of the expenses the
province had been at in carrying on the war against the
king’s enemies in America, the upper house, on read-
ing the bill for the third time, made an unsuccessful
attempt to obtain the striking of that clause out of the
bill. As soonas it had passed the*houses, the assembly
addressed the governor for his assent, representing the
bill as of the utmost consequence to the province and
the adjacent ones, in the reduction of the Cherokees,
whom they had reason to believe were encouraged in
their depredations by the artful insinuations of the
French, who, drove out of their possessions in Canada,
were, as their last effort, making an attempt on the sou-

1960} THE SIXTH. 131

thern provinces, the most vulnerable part of the British
mpire in America.

No answer was given to this address; the governor re-
jected the bill and prorogued the legislature for a day.

In meeting them again, the governor addressed him-
Self to the, lower house only. He said he had prorogu-
©d the legislature with a view of giving the house an op-
Portunity, insa new session to reconsider, the rejected
aid bill, that, if they chose to rid it from the exceptiona-
ble and foreign clause, they might perfect and render it
Seryiceable to their king and country; but, in case they
Persisted, he. might put an end to their further attend-
§ce, and their constituents might see, that their real in-
tention was not to pass an aid bill, but to force an agent
Upon him and ‘the upper house, whom that body haa
twice rejected, after he had publicly declared he would
Concur in the appointment of any other person,

The house, on their return, entered into resolutions,
asserting their inherent and undoubted right, to no-
Minate an agent for the province: and that the ap-
Pointment is not inconsistent with the king’s service,
although made in an aid bill.

In their address they bewailed, that the king’s service,
in the intended expedition against the Cherokees, should
be frustrated, by what appeared to be only some private
resentment of the governor against Anthony Bacon:
they observed, it was a matter of small concern to the
king or his ministers, whether Anthony Bacon, or any
Other man, was appointed agent of the province, provi
ded the house granted such assistance to the common
Cause, as the indigent, circumstances of their constitu-
fats admitted. ‘This had been attempted to be done, by

the bill which he had rejected. Five hundred men, thé
N. caro. 11. 18

 
Ee

 

 

138 CHAPTER (1760:

largest number during his administration, had beer. 7

granted, and the pecuniary aid exceeded, also, any voted.
during the war, because the house conceived the present
the most critical juncture.

They concluded by assuring the governor, that ‘their
adherence to the person they had chosen, proceeded only
from a desire of avoiding inconsistency : having, hith-
erto, displaced James Abercormbe, on the intimation,
that he was not pleasing to the other house, and, if
they now abandoned Anthony Bacon, who had been
nominated by the solemn resolution of the fullest house
ever known in the province, no gentleman of charac-
ter would ever accept an appointment from a body of
men, so inconsistent and trifling.

The house next came to a resolution, that, on the fai-
lure of the aid, the governor might have power to raise a

company, for the garrisoning of the forts of the pro-
vince, and made provision for their enlistment, pay and
support.

Governor Dobbs received the address of the house,
in sullen silence, —

A curious expedient was resortedto, with a view of
holding out to the governor the oj portunity of accept-
ing the aid, with some appearance of persisting in his
determination of rejecting an aid bill, with any clause
not strictly relating to the aid. A bill was framed for
the appointment of an agent, and to it, a clause was
tacked, granting anaid. The old bill was inverted, and

in this form passed both houses, and the upper house
concurred with the provisional resolve.

The governor, as soon as he heard of the bill having

passed both houses, issued his proclamation dissolving
the assembly. .

1760) THE SIXTH. 139

Apprehensive that this exercise of the royal preroga-
lve, might be attributed to a desire of revenge, excited
by the complaints against his administration, which the
assembly had transmitted to their agent, in order to,
their being laid at the foot of the throne, governor
Dobbs entered, on the journal of the council, the mo-
tives that had governed, or the pretences by which he
Wished to palliate, his conduct. :

These were, the admission of a member to sit and
Vote, without his having been chosen in pursuance of
the king’s writ; the expulsion of another without a
hearing ; the refusal of opening the door of the house to
Teceive a message from him, while tho committee of se-
Crecy was sitting ; the concealment, for several days, of
the proceedings of that committee ; the appointment of
Anthony Bacon as agent, with a salary, by the lower
house; their refusal to proceed to business, with the
number of members prescribed by the king’s instruc-
tions; the great influence of the speaker, S. Swann,
improperly exerted, in debating, from the chair, often,
after a division, putting the question again, in a different
manner, and thus, sometimes obtaining a different deter-
mination. :

Stephen Dewey, the member of the town of Halifax,
Was the person alluded to in the first motive. His towns-
men claimed the right of being represented, under the
act of 1715, and insisted that they needed not the gover-
Nor’s writ to exercise it. Francis Brown, one of the
Members of the county of Perquimans, was the person
alluded to as expelled, without a hearing. ‘The house,
on the report of the committee of elections, had deter

mined that he was ineligible.

 
 

140 CHAPTER [ied

The conduct of governor Dobbs, in rejecting the aid
bill, was highly disapproved of, and the lords commis-
sioners of trade and plantations, expressed to him the
great concern which they felt, that the king’s ser
vice had been so greatly ubstructed, and the province
of South Carolina deprived of the assistance which, in
her distressful situation, she had a right to expect from
her neighbors, by unfortunate and ill-timed disputes, be-
tween the branches of the legislature, upon questions of

mere speculative polity, too tarvial, at almost any time,

to deserve consideration, and improperly drawn into
discussion, at a time when the united efforts of the king’s
subjects were so essential to their own security, and
the general interest of the community.

They said it was not the part of the crown, either in
point of right or propriety, to interfere in the nomina-
tion of an agent, su far as to the choice of the person; and
the representatives were free to choose whom they
thought fit, to act in what concerns the affairs of the pro-
vince, with whom they and the’council alone could cor-
respond; the governor being restrained by his instrue-
tions, from cortesponding upon matters of a public ‘na-
ture, relating to his government, with any other persons
than the servants of the crown, in whose department
the affairs of America were placed.

They added, that the only point in which a governor
might interfere with propriety, was on the mode of the
appointment, and although they deemed the attempt of
the lower house, to name the agent in the aid bill, was
irregular and improper; yet, considering the necessity
there was of some supply to answer jhe exigency of the
service, in the calamitous state of the southern provinces,

THE SIXTH. 14}

the objection appeared too trivial, to have been admitted

as a reason for rejecting the supply; and, at the same
time, rejecting the mutual benefit, which both the

Crown and the subject in North Carolina, would derive
from the province, having an agent in England, duly

authorized to answer upon all such matters as might
Occur, relative to her affairs.

The refusal of the lower house to proceed, without a
Majority of the whole, was considered, in England, as
an unreasonable and indecent opposition to the will of
the crown, communicated, in the king’s instructions, to
the governor. The practice was considered as incon-
Sistent, with that which prevailed in the mother coun-
try, and as affording a favorable opportunity to design-
ing men, to obstruct the king’s service; andit was deem-
ed preposterous to defend it, on principles laid down
in charters, granted in times to which, of all others, one
Would least of all appeal for their constitutional principles.

The pretentions of the house, as to the mode of pass-

ing the public accounts, was deemed, not only highly
derogatory to the honor of the crown, but subversive of

€very principle of policy which the wisdom of parlia-
ment, at home, had prescribed, by numberless laws, for
the security of the subject. The king’s instructions,
by which the mode of passing public accounts was di-
rected, were said to be founded upon the principles and
Practice of the mother country, to which the constitu-
tions of the colonies were to assimilate, as nearly as their
different circumstances would admit; and no part of the
British constitution, was thought more clusely adapted
to the situation of the colonies, than those forms which
took place in granting and issuing public money; and
Passing the public accounts; under the observance of

 
     

 

EN

142 CHAPTER [1761

which, the subject was deemed to have that security,
which he conld not have under any other, that the taxes
levied upon him by the authority of the legislature, were
equally and justly laid, and the money faithfully ap-
plied to the service for which it was granted; while, if

- forms and checks attendant upon them, were set aside,

that security would cease, and a door would be opened
to every species of fraud and corruption, in the persons
intrusted with public money.

It was said to be a subject of concern, that the colo-
nies had been so long indulged in methods of granting,

issuing and accounting for public money, very different
from the practice of the mother country ; and, it was

hoped, that the lower house, convinced of the unreason-
ableness of their claim in these two instances, might, in
future, show more proper regard to those determinations
of the royal will, so apparently founded on considerations
of public benefit and convenience, and the tenderest re-
gard to the rights, interest and welfare of the subject.

In the beginning of February, accounts reached the
province of the demise of the king, which had happened
at Kensington, on the 5th of October. On the 6th of
that month, George III. was proclaimed at Brunswick,
in presence of governor Dobbs, the members of the
council, anda number of the principal inhabitants and
planters, as “‘the person to whom the supreme dominion
and the sovereign right of the province of North Caro-
lina, and all the other provinces of his late majesty, in

America, were solely and rightfully come. * nig

The assembly, which had been elected soon after the
dissolution of the legislative body, being itself dissolved
by the king’s demise, new writs of election were issued
immediately after the proclamation of the new sovereign.

CATE LR OE MOTE BG EE ELIE eh Co ORAS MERE SS 5

:
:

1

1761] THE SIXTH. 143

Governor Dobbs received information from Sir Jefiry
Amherst, that the minister had apprised him of the
king’s intention of continuing the war with vigour
in America, to drive the French from the continent, and
that he had room to believe the governor would
Soon receive orders, as well as the chief magistrates of
the other provinces, to raise forces to finish the plan of
the war.

The legislature met at Wilmington, on the last day
of March. After announcing to the houses the demise
of their late monarch, the accession of his grandson,
and the object for which they were called together, the
governor informed them he had not received any des-
Patch from the minister, but he had within a few hours
been apprised, that Sir Jeffry had received orders about
the operations intended to be undertaken during the
Next campaign ; and as it was then too late to raise any
forces to march against the Cherokees, he had only to
recommend to their attention the internal concerns and
improvement of the province, and would communicate
any order he might receive during the session.

After the complimentary expressions of condolence
and congratulation which circumstances called for, the
lower house observed, that the aid for which they were
likely to be called upon, would have been happily anti.
Cipated, had the aid bill which the two houses had passed
at the last session, been honored with his assent, as the
forces then granted might have contributed to the more
Speedy reduction of the enemy. 2g

They added, that if he had been obliging enough to
have called them together to a more central part of the
Province, he would have saved a considerable expense to
the public, and greatly contributed to the ease of the

      
     
     
      
    
      
      
     
    
    
      
   
    
     
     
     
      
   
    
     
      
   
    
      
       
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SEES

144 CHAPTER 1761

greatest part of the members and saved himself the
trouble of frequent prorogations ; they expressed them=
‘Selves fully aware’ of the prerogative of the crown, in
fixing the time and place of meeting of the legislature 5
but they could only hope for some indulgence and at-
tention to the ease and conveniency of the subject.

The governor replied, that since the house were
pleased to take notice of the transactions of another as-
sembly, he was under a necessity of informing them,
that if the aid bill they had offered had not been clogged
with clauses inconsistent with the king’s prerogative, he
would heartily have given his assent to it; he informed
them, that on the contingency of an aid being required,
he would not pass the bill granting it, if the house per-
sisted in clogging it with clauses foreign to the aid.

He added, that a former assembly had voted, that the

town of Newbern, the most central in the province,

was not a proper place for the meetings of the legisla-
ture, and he thought Wilmington was the most proper
place, while the operations of the war were carried on
in the south, to obtain early intelligence of occurrences
that might require immediate attention; and no proro-
gation would have been necessary, if the members had
thought fit to obey the king’s instructions, as to the
quorum, :

On the 10th of April, the governor communicated
letters from Sir Jeffry Amherst, and governor Fauquier
of Virginia, mentioning their expectation of an aid from
the province; and although he had not yet received the
king’s command, for the raising of any particular number
of men, or any requisition in money, he was advised by
the council to lay the letters before the houses, and re-

commend that they might consider of the most proper,

PALE ON TSO LE ATER Te ee oT TER Siglo

1761] THE SIXTH. 145

fund to answer the immediate call, so that, on the arri-
val of the king’s orders, which were hourly looked for,
no time might be lost and the bill be perfected with
expedition.

The house came to a resolution, that it was too late
to raise any force to march against the Cherokees.

They informed the governor, that the provincial funds
Were exhausted, and a large debt had been incurred by
the zeal the colony had already manifested for the king’s
Service, and the only means of affording further aid,
would be to issue bills of credit, to be sunk by a poll
tax. . ‘

The governor replied, that there were several sums of
Money unappropriated, in the hands of the collectors of
the powder duty, which might be applied to present con-
tingencies, and be replaced by a tax to be laid to answer
future contingencies ; but the house informed him, that
the moneys arising from the powder duty, had been
8ppropriated to the finishing of forts Johnston and
Granville, and the improvement of the navigation of the
Ports of Beaufort, Bath, Roanoke, Currituck and Bruns-
Wick ; that the receivers had been directed to account
With the commissioners of navigation, and it appears.
€d, from the returns of the commissioners, that there
Will remain but a’ trifling sum, after the intended pur-
POses are answered.

A bill was introduced, for granting an aid to the king
©f sixteen thousand four hundred and ninety-four
Pounds, for raising clothing and pay for five hundred
Men, exclusive of officers, and for appointing an agent
for the province ; after its second reading, the governot
Informed the house, by message, that he could not assent

to any aid bill to which any clause, foreign to it, was
N. CARO. II. 19

 
 

 

146 CHAPTER [1761

tacked, such bills being unconstitutional ; that it was
contrary to his instructions, derogatory to the preroga-
tive of the crown and indecent in the assembly, to
oblige the king to withhold his negative from a claus¢
disagreeable to him, or lose the benefit of the proffered
offer of an aid.

He added, that as he had often declared that he never
had any objection to the house appointing an agent, in
concurrence with the council; whom he could approve
of, so he never would allow of any person to be imposed
upon him or the council, after repeated refusals ; but as
he had no objection to the person named in the bill,
Couchet Jouveniel, if they would make the appointment,
by a separate bill, and the council concurred, he would
pass it immediately after the aid bill, to which he would
always give the preference.

He recommended, for the good of the province and
the satisfaction of their constituents, that a poll tax be
laid for the redemption of the bills intended to be emitted,
to commence as early as possible, to avoid a further de-
preciation of the currency.

The house, in answer, declared themselves unable to

_ comprehend how the appointment of an agent, in the
_ mode intended by the house, was unconstitutional, or
at variance with the prerogative of the crown, or any
instruction of the king of which they had any know-
ledge, or that it could be either disagreeable to the king
or take away his negative on bills. T hey added, that in
the present case, the appointment was far from being

absolutely foreign to the object of the bill; that even if —

the purpose of the clause to which the governor ob-
jected, was not specially stated in it, the passage
of the bill could not be fairly construed to be forbiddes

7

1761} THE SIXTH. 147

by any of the king’s instructions against passing bills
with clauses foreign to the title. ;

After the third reading’ of the bill, the house, with a
view to avoid any appearance of inconsistency in re-
moving Anthony Bacon, resolved, that their principal
motive was a sincere desire to show their zeal and loy.
alty to the king, in granting an aid, so forcibly and ear-
nestly recommended by the commander in chief of his
forces in America, which they deemed their bounden
duty to do, as the governor had declared his determina-
tion to pass no bill with the name of Anthony Bacon in

it, but would assent to the appointment of any other
person.

It was thought necessary to borrow the remainder of
the glebe and school moneys, after the payment of the
judges, to meet the expenses of the legislature, the claims
of scouting parties on the frontier and other public de-
mands: this was done by a resolve of the houses, di-
recting the reimbursement of the loan out of the tax for

the contingent fund.

The aid bill, besides the appointment of the agent,
provided for an emission of twelve thousand pounds of
bills of credit, made a tender in all payments ; the In-
dians, taken in the war, were declared the absolute pro-

~ perty of the captors; rewards were offered for the scalps

of those killed in battle; a poll tax of two shillings was
laid, for the redemption of the paper emitted, to com-
mence in the year 1764 and continue till the whole
emission was thus paid in and burnt. 3

A lottery was granted for the improvement of New
river, in the county of Onslow ; and the powder duty .
in the port of Currituck, was converted into a pecumary

 

 
 

148 CHAPTER _[1762

levy for the improvement of navigation between the inlet
of that name and Albemarle sound,

In assenting to the aid bill, the §vernor testified his
gratitude for a supply, in the Critical state ‘of affairs and
distressed state of the Provinec, as large as the most san-
Suine expectation could have anticipated, but added, it

would have given him a double pleasure, if the house

had allowed him the satisfaction of signing it, unmixed

with the regret of departing from the j

ment upon the prerogative of the crown, of which the
house had been guilty ; he said he would not have
yielded, if a combination of circumstances had not con-
tributed to influence his mind; a majority of his consti-
tutional advisers had recommended his compliance, and

when sitting as an upper house, had relaxed from their
undoubted right; the assembly had formally disclaimed
that of adding clauses toan aid bill, that might encroach
on the prerogative of the crown, or place the king in the
humiliating dilemma to lose his necat;
fered aid; and he had agreed to concur with the appoint.
ment of the houses in a separate bill; to these all pow-
erful considerations, was added the Pressing one to pre-
vent wasting in debate the precious time, which every
thing demanded to be employed in a co-operation with
the king’s forces, securing the possessions of F rance,

and ensuring the peace and safety of those of Great Bri-
tain in America,

On his retura from the

council chamber, he issued
his proclamation for the

dissolution of the legislative

1761) THE SIXTH. 149

the southern provinces, colonel James Grant, who had
Succeeded colonel Montgomery in the command. of
his corps, had arrived with it in Charleston, early in the
Year. The legislature of South Carolina, had determin.
€d to exert the strength of the province to the utmost, be.
lieving that, in conjunction with the regular troops, and
Aided by the neighboring provinces, so severe a blow
Might be struck, as would deter the Cherokees from any
further attemptto molest the white people on the frontiers.
Several parties of the Chickasaws were engaged as aux-
ilaries; and; although messengers were sent among the
Creeks to induce them to co-operate with the British,
NO aid could be procured from that quarter, the warri-
°rs playing an’ artful game, and exciting, alternately, the

hopes of the inhabitants of South Carolina, and those of
the French, on the Mobile and Mississippi.

Early in the spring, colonel Grant had begun his march
towards the Cherokees: his force in regulars, provin-
Cials and Indians, was about two thousand six hundred
Men;

He reached Fort Prince George, on the 27th of May.
A fortnight after he began his march, a party of ninety
Indians and thirty woodsmen, painted like savages, ad-
Yanced in front to scour the woods. One hundred and
fifty light infantry and fifty rangers, preceded the main

y. The army had provisions for one month.
Forced marches were made during the three first days,
With a view to meet the open country. On the fourth

Y On the occasional appearance of Indians on different
des, orders were given, for the first time, to load and
Prepare for action, and the guards were directed to march
°wly on, and to double their vigilance and circumspec-
ion, The more frequent meetings of Indians, an-

Si

 
160 CHAPTER [1761 )

nounced the approach of a decisive moment, as the
army reached the spot on which colonel Montgomery _
had been attacked, the preceding year, The Indians in —
the yan, about eight in the morning, spied a large body —

of Cherokees, posted on a hill, on the right flank of the —

army: they hardly had time to give the alarm, when the —
enemy rushed down and fired on the advanced guard; —
but, the main body rapidly advancing to their support, —
the Cherokees retreated to the hill. The army had to —
march for a considerable distance, between the hill and )
ariver, from the opposite side of which, another party
of the enemy keptupa brisk fire: sending a detachment to —
divide the party on the hill, colonel Grant made his army

face about,-.and fire across the river: the engagement >
soon became general, and the Indinns over the’stream,
keeping their ground and pouring in a heavy fire, the
party on the hill, who retreated into the woods on the

approach of the detachment sent to dislodge them, soot
returned with increased numbers; and colonel Grant’s’

troops, exhausted by fatigue, soon found themselves )
surrounded by the foe, galling them with a scattered fire:
The Indians, when pressed, kept aloof, and_ rallying —
elsewhere, returned to the charge, always in a different —
direction. The battle continued in this desultory mod¢ —
of warfare for two hours,’ when the van of the army
was attacked by a fresh body of Indians, boldly en
deavoring to seize on the provisions. Colonel Grant, at
this distressful moment, was obliged to detach a part of
his men to this vulnerable point. The apparent oppot*
tunity, which this division of the forces gave to the Che —
rokees, of reducing the main body, redoubled their fury?
they made the woods resound with their yells and
screams; but, the troops keeping close and continuing

1761] THE SIXTH. 151

their steady fire, the savages, towards eleven, gave way:
they were pursued for some time; but towards two
o'clock not an Indian was to be seen. Colonel Grant
had sixty of his men killed or wounded : he could not
ascertain the loss of the enemy. After sinking the bo-
dies of the dead in the river, to prevent their being dug

up and scalped, and destroying several bags of flour to
procure horses for the wounded, the army proceeded to
Etchoe, a large Indian town, which they reached about

midnight. On the following day, they reduced it to
ashes; and, proceeding into the middle settlements,
fourteen other towns shared the same fate. Their pro-
Visions were destroyed, and corn fields laid waste ; and
after remaining thirty days in the neighborhood, spread-
ing desolation and fire, the troops marched back to Fort
Prince George, leaving the Indians to seek shelter and

food on the barren mountains.
Soon after the troops returned to the fort, a number

of Cherokee chiefs came and sued for peace. Colonel
Grant, willing they should believe it was not to be ob-
tained on any terms, insisted on, as one of the stipula-
tions of the treaty, that four Cherokee Indians should
be delivered up at Fort George, to be ‘put to death in
front of his camp, or that four green scalps should be
brought to him within twelve nights. The chiefs de-
clared their inability to assent to this stipulation, not be-
ing authorized by their nation, to accept peace on such
terms as these; and the colonel sent them to Charleston,
to see, whether lieutenant governor Bull would mitigate
the rigor of it: a safeguard was given them, The chiefs
met that officer at Ashley ferry, where he came to meet
them, accompanied by the council of the province; and
in a short time, a treaty of peace was concluded.

 
  

 

152 CHAPTER (1761

In the month of December, the lords commissioners

of trade and plantations laid the tourt laws, passed if

May, 1760, before the king and council, for the royal

disallowance and repeal: they severely animadverted on
governor Dobbs’ conduct, in suffering these laws to

have immediate operation, before the king’s pleasure
was known, thereby setting aside one of the fundamen-
tal privileges of the constitution of the British colonies :
they stated, that the governor alleged in his justification,
that he had given his assent to the laws upon the advice
of the chief justice and the attorney general, and had pro-
cured aclause to be inserted in one of them, that, if the
king did not confirm it within a certain time, it should,
thenceforth, be null and void. The lords observed, that
the measure itself, independent of the mode, was, in their

opinion, so far from alleviating the governor’s improper
conduct, that it was a heavy aggravation of it. In cases
of this nature, they added, it was the duty of every go-
vernor to act upon his own judgment, and if it were ad-
mitted that he could be absolved by the opinion of others
from the obligations of obedience, to the instructions of
the crown, by which the negative voice in the passing of
laws, was regulated and restrained, the interest of the
crown and mother country would depend solely, for
security, upon the uncertain wills, interest and opinions,

of any person the governor might think “proper tu
consult, 5

The clause mentioned by the governor, to have been
inserted at his instance, in one of the laws, was consider-
ed as so far from answering the intention of the suspend:

ing clause, that it was deemed, in construction and ef:
fect, the very reverse, °

EI LOL BO IETS ES

|

1762} THE SIXTH. 153

The representation of the lords commissioners con-
cluded by. suggesting, that, if the governors of the colo-
Dies were suffered to 'go.on in such repeated acts of dis-
Obedience to the king’s instructions, upon points, so es-
Sential to the constitution, the dependence of the colo-
Nies upon the authority of the crown and the just gov-
€tnment of the mother country, already too much re-
laxed, would stand on-a very precarious footing.

The laws were repealed by the king in council, and
the lords commissioners of trade and plantations were
directed to signify, to governor Dobbs, the king’s high
displeasure at his conduct, and to request him, for the
future, to adhere more strictly to the king’s instruc-
tions, relative to the passage of laws,

A stage, at this time, began to ply between Ports-
Mouth and Charlestown, (Mass.) which is supposed to
have been the first established in the British provinces.

Early in 1762, governor Dobbs received a circular
letter from lord Egremont, acquainting him, that the
King, having nothing so much at heart as to secure and
improve the great and important advantages gained since
the commencement of the war in North America, and
having seen his good disposition, to restore the public
tranquility, entirely frustrated by the insincerity and
Chicane of the court of Versailles, in a late negociation,
4nd as nothing could so effectually contribute to the
Steat and essential object of reducing the enemy to the
Necessity of accepting a peace, on terms of glory and ad-
Vantage to the king’s crown and beneficial, in particular,
‘o his subjects in America, as the king being enabled
to employ, as early as possible, such part of the re-
Sular troops in North America, as might be equal to a

N. CARO, II, 20

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154 CHAPTER. [ized

:

great and important enterprise, he was directed to signi-
fy to him the king’s pleasure, that the better to provide
for the full and entire security of the American provill _
ces, and particnlarly of the territories lately conquered, )

_ durin the absence of part of the regular forces, he
would use his utmost endeavors and influence with thé )
council and assembly, to induce them to raise, with all
possible despatch, as large a body of men as the popu’
lation of the province might allow; as far as should b¢
found convenient, to form them into regiments and direct -
them to hold themselves in readiness, as much eat+—
lier than in former years as might be, to march to
such places in North America, as the commander if
chief, or such officer as might be appointed to the com
mand of the king’s forces there, would direct; and the
better to facilitate this important service, the king was
pleased to leave it to him, to issue commissions to such
gentlemen, in North Carolina, as he might judge, from
their weight and credit with the people and their zeal fof
the public service, to be best disposed and enabled 1?
quicken and effectuate the speedy levying of the greates!
number of men.

The men, to be thus raised, were to be supplied by thé
crown with arms, ammunition and tents, and provis’
ions were to be issued by the commissary of the troops :
in the same proportion and manner, as to the rest of the
King’s forces. All that was required from the pro’
vince was to levy, clothe and pay the men; and, in of

. der that no encouragement might be wanting to thé
fullest exertion of their strength, lord Egremont mem

tioned, that the king had permitted him to acquaint th )
governor, that strong recommendation would be mad |

:

q

5 PRAT I AUT TTS

1762) THE SIXTH. 155

at the next session of parliament, to grant a compensa-
tion proportionate to the active vigor and strenuous ef-

forts of the respective provinces.
“The governor was directed to collect and put into the

best condition, all the arms, issued during the last cam-
Paign, which could, by any means, be rendered ser-
Viceable.

Similar orders were given to the governors of Penn-
sylvania, Maryland, Virginia and South Carolina.

Sir Jefiry Amherst, having been directed to complete
the regular corps serving in America, by recruits to be

"raised by the several provinces, made application to go-

vernor Dobbs for the quota to be furnished by North
Carolina, which, agreeably to the proportions of the
other provinces, was fixed at one hundred and. thirty-
four. Sir Jeffry added, with a view to render the ser-
Vice effectual, it would be required, that each province
should provide for replacing such of their men as would
desert, a circumstance which, wnen known, would pre-
vent any of them from leaving their corps, since they

could expect no protection at home,
Governor Dobbs lost: no time in summoning the

legislative body. It held its first session at Wil-
Mington, on the 13th of April. After announeing
the late nuptials of the sovereign, the success of the
British arms in the West indies and the capture of
the island of Martinico, and layiug before them, the
despatches, which had induced him to issue his
proclamation for an early session, he recommended
to the lower house, as they should answer it to their
constituents and posterity, to testify, their zeal,
with unanimity and despatch, by raising as larg? ®
Quota of troops as the province could bear, and as-

 
156 CHAPTER [1762

sist the king to terminate with honor, a war under-

taken at great expense, to defend, and procure a :

lasting peace and future safety to, his American |
: ‘ '

provinces. they could not, without reducing the on iaielenaeas
He expressed his hope, that the supply might be — Most distress, add to the accumulated an

a ia : , that th
levied without a heavy tax, or Issuing notes to de- load of tax they groaned under: they ; nye of wie
preciate the currency, and advised that a loan might Statement of this circumstance, singly an ’

be raised by subscription, and that the people might ; Would justify them mn “Gecliting - reais

n by a small tax, sufficient his requisition 3 but, with a eae ae le freee

lable interest, as might in. to say, that, if they might form a ju i to hope

ney, arising from the late “he past, they had but little rere ht cr ;
q

TE SIX 157
1763) THE SIXTH.

had already given the most convincing proofs of attach-

ment, to the honor and dignity of the crown, during the
>

Prosecution of the war; yet, they were sorry to observe,

 

that any supply they might grant would much contri-
bute to the service of the king, or the advantage of the
Province.

strict investigation of all
pubiic accounts, a revision of the inspection laws

and the allowance of premiums on valuable objects
of imports; and as the distresses of the time had re-
tarded the establishment of public schools, he pro-
posed, that the vestry in each parish might be au-
thorized to raise a limited sum, sufficient to pay a

gister, qualified to act as a
schoolmaster and reader,

not be had, to prevent t
idleness and profaneness,

The lower house replied, that they should ever look,

upon the interest of their constituents, as the object of
their unwearied attenti

he increase of sectaries,

for, although they had the greatest
veneration for the best of Kings, and trusted the province

where clergymen could |

For these reasons, they flattered themselves with the
hope of his concurrence in the belief, that to raise troops
Under the actual debility of the province, would have
fatal effects, and drive the people, already mie. .
their sufferings, to the brink of despair, and hoped he
Would have so good an sare of ne to attribute

i nd no other motives.
aa che been sensible of the necessity, at
all times, to take care that the public accounts per
be critically examined, and assured him nothing in t “-
Power would be wanting, that might tend to apd the
Utmost satisfaction on that head; and that nothing
Could add to the sense they had, of the necessity of sup-
Porting schools, and giving every possible encourage-
bes de.

Sona rr receiving this address, the governor pe
his proclamation, for proroguing the legislature to t
ollowing day.

ie
?.

 
168 CHAPTER [1762

His speech, at this meeting, was directed to the lower
house only, the upper house having, in their address,
promised to concur with the other branch of the legis-
lature, in a bill for carrying the intentions of the king
lnto effect.

He observed, that the house had gone too far in the
expressions of their sentiments, to allow him to hope
that they might retract them easily, at the same receings
and he had prorogued them, with the view of affording

them a better opportunity of re-considering them ina
second,

vin laid before them two authentic gazettes, from
irginia, by which it appeared, that the legislature of

that province had complied with the requisitions of

lord Egrement and Sir Jeffry Amherst, with unanim-

ity, alacrity and despatch. He added, that, as he
found all the other provinces willingly submitted
to the king’s demand, it grieved him, and it would
every loyal breast in the province, that th |
prove refractory. Sn
si He hoped, that when they would seriously consider
€ situation of affairs, in Europe and America, and that
% powerful enemy, the king of Spain, was raised against
Soe Britain, who endeavored not only 1o prevent the
King’s further acquisitions, from. a deceitful and
fidious enemy, but also to deprive him of yee
conquests he had made; and of the laurels. and tro-

1762] THE SIXTH. 159

He concluded, by conjuring them to preserve the
good opinion and esteem, the king had for them, and,
forthwith, to repair to their house, and reconsidering the
letters and papers laid before them, come to an imme-
diate resolution, whether they would comply with the
king’s request, so that they might proceed to other bu-
Siness with despatch, or, in case they refused, that he
might dismiss them to their private affairs, which, in
that case, they would seem to have more at heart, than
the public service.

The house resolved itself into a committee of the
whole, and, after sitting a considerable time, the com-
mittee reported, and the house voted, that, the province
being already burdened with a heavy debt, incurred by
several grants for the king’s service, during the war, and

the inhabitants impoverished thereby, it was impossible
to comply with the demands on them, communicated in

the governor’s speech.
The committee, appointed to correspond with the

agent of the province, communicated letters from that
gentleman, announcing the repeal of several late laws of

the general assembly : among others, the court laws
and those for improving the navigation of the province.
This information excited considerable uneasiness ; and
governor Dobbs improved the opportunity, which he
thought this dissatisfaction would create, to impress on
the house, with some success, the necessity of avoiding

phies, gained by his armies, withan expense of eighty

millions, they would thi
think, tha : .
lessen them in the ps , that their obstinacy would

to excite the resentment of the crown, by persisting in’
the determination of refusing the required aid. He ac-
cordingly, issued a proclamation for proroguing the as-
sembly to the next day. He again addressed the lower
house only, telling them he had once more, by 4 short
Prorogation, afforded them the opportunity of fe-con-

: of all the king’s subjects, and |
they would forfeit the honor they had dendsotiedll

in hitherto assisting their sovereign, to the utmost of

/
their abilities. )

 

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: EA aN NE TN ae ME ik mr i Pg
 

 

160 (CHAPTER [1762

sidering, in a third meeting, the king’s demand of an aid
of men, since the house might be sensible, from the late
communication from the agent in London, that the king
could and would confer, or withhold favors from them,
as they refused or complied with his requests.

The honse expressed their sorrow at the the trouble

the governor had twice taken, of giving them the Oppor- -

tunity of re-considering the requisitions he had made,
when he first met them. They begged his leave to as-
sure him, that what he had then said, had been most
maturely considered, and the consequent determination
taken, after great deliberation; and they were to ac-
quaint him, that the motives, which induced that de-
termination, still prevailed with them, to adhere to it.

They declared themselves sensible, that the king
could, and no doubt would, confer favors on those who,
to the utmost of their ability, supported his government;
and they entertained no doubt, that he would hear of the
many and large grants made by the province, particu-
larly, of the last twenty thousand pounds, and of the im-
poverished state of the inhabitants of the province, and
would think that they, in some measure, merited his
favor.

The governor was authorized, by a resolve of the two
houses, to raise twenty-five men, including officers, for
each of the forts at Ocracock and Cape Fear, and to
draw warrants on the treasurer for the €xpenses attend-
ing their service, payable out of the fund appropriated
tofounding schools, and to be replaced by a tax to be
laid for that purpose.

The upper house manifested a disposition to show
their displeasure against the lower house. Contrary to
their accustomed practice, they appointed committees

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1762)

THE SIXTH. 161

of claims and accounts, of their own house, instead of
appointing gentlemen, out of their body to form these
Committees with those appointed by the lower house.
The lower house complained of this innovation, and,
Were informed by message, that the upper house looked
Upon it as their undoubted and a foe?
a blic accounts and claims, and to appo
pibeiaenin their behalf; it was observed, that although
it had been customary, and found convenient, for the
€ase and despatch of public business, for their commit-
tees to sit at the same time and place, and with the com-
mittees of the lower house, it could not be, hence
inferred, that their committees were not separate from,
nor equal in rights to, those of the other house, and
had not authority to meet, debate, and report sepa-
rately. This message and another that followed it, were
Signed by the clerk of the upper house, instead of os
Signed by the president, and countersigned by the clerk.
The lower house desired, that for the future, all mes-
Sages from the other house to them might be signed by
the president, agreeable to the old accustomed practice,
Otherwise they could not receive them ; they said, the
Separate committees were not only new and unconstite-
tional, but impracticable ; for neither the money paid in
to be burnt, nor the vouchers of accountants could with
Safety be transmitted from the committee of one house
to that of the other.
The upper house forbore sending any further mes-
Sage to the other, during the rest of the meeting.
The upper house, the other, although invited, _
hing to join or say they would not, addressed the _
They began by expressing their joy at the remar af
ble success of the king’s arms, and giving assurance
N. CARO. 11. 21
) nf
)

4
i
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162 CHAPTER frre

‘their firm and loyal attachment to the sovereign, his fami-
ly and government; they begged leave to represent, that
the inhabitants of the province had, for several years past,
been subjected to great difficulty and distress, for want
of a proper place established as the seat of government.
They observed, that Tower Hill, the place chosen for
that purpose in 1758, was found of difficult access to
several of the inhabitants of the province, and no proba-
bility appeared of its being inhabited by a sufficient num-
ber of families to accommodate, with any degree of con-
veniency, the officers of government, the members of the

legislature, or the persons who had business to transact
with them. f

Receiving it in charge from their constituents, to use
their endeavours to obtain a redress of this inconve-
nience, and having examined the situation and extent of
the province, and the people who were settled in the dif-

ferent counties, they suggested the propriety of fixing
the seat of government in the town of Newbern, and im-
plored the king to repeal the act for fixing it at Tower
Hill, and signify his approbation of its being fixed at
Newbern, promising to erect a governor’s house there,
and such suitable public buildings as the king’s service
might require.

On the 29th of April, governor Dobbs addressed the
two houses; he thanked the upper one, for the zeal
they had manifested, and their readiness to concur if
every measure calculated to promote the king’s service:

He expressed to the other the great concern he felt i?

being obliged to represent to the king, the little regard

they had shown for his warm and pressing demand for a?
aid; he added, he should animadvert omthis irregulat
conduct, and on the little attention they had paid to his

1762] FHE SIXTH. 163

recommendation of passing laws to promote trade and
the education of youth, and he would then leave it to
their constituents to determine, whether they had acted
for the welfare, safety and honor of the province.

He observed, that on their first meeting, when no
time was to be lost in taking the king’s orders into con-
sideration, they had acted in opposition to his preroga-
tive and instructions, by refusing to proceed to business,
until a majority of the whole appeared, thus not only de-
nying the king’s right, but putting it in the power of a
few members. combining together to dissolve the as-
sembly.

He ‘said, that by the great opposition they had made,

and refusing the aid to the king, they had, as far as was
in their power, delayed and prevented their country from
having a speedy and honorable peace, and well deserved,

by their ill judged parsimony, the censure of their con-

stituents.
He took notice of the letters of the committee 0

respondence to the agent and his answers, about which,
it appeared, that the members named by the upper
house had not been consulted, and from _which it
seemed, that the principal object was to complain against
him, for the frequent meetings, prorogations and disso :
lations of the assembly, which had exhausted the public
chest, in the payment of the members and officers of the
legislature.

He complained that, contrary to the accustomed
usage, the agent had been orilered to direct his pee
to the late speaker, instead of addressing them to the
committee of correspondence, enclosed under cover to
the governor, so that the speaker might suppress 2°Y

f cor-

 
 

 

164 CHAPTER ' [1762

lester disagreeable to him, and thus become the sole di-
rector of the committee. :

He said, that it became his duty, that he might avert
any future cause of complaint, to forbear passing any
bill, and put an end to their meeting, without making it
a session, which would save to the public the expense of
their attendance, so much complained of.

He concluded, that on account of the disrespect they
had shown to the king, and the little care they had taker
to defend their country, he could not think of meeting

them again, but must appeal to. their constituents to
judge of and censure their behaviour; he accordingly

dissolved the assembly.

The governor, in the mean time, directed the one
hundred recruits, required by Sir Jeffrey, to be raised
and marched to New York. To meet the necessary

expense of this service, he drew on the agents for
two hundred pounds sterling.

In the latter part of the summer, official accounts of
the repeal of the court laws reached the province, passed
in 1760, and of the act for the improvement of the navi«
gation from Currituck inlet; the causes of the repeal
of the former laws have been already ‘stated; the latter
was objected to, as it altered and repealed, as far as ree
garded the port of Currituck, an act passed in 1754,

laying a tonnage duty of powder and lead, for the de-

fence of the province, on every vessel entering any of its

ports, to which it substituted a duty of two shillings and
six pence per ton, in money ; the alteration was deemed
not only improper and impolitic in itself, but inconsist-
ent with the instructions, given from time to time to the
governors of the several colonies in America, requiring

eS sete eee ental
a

i

1762} THE SIXTH. 165

them to endeavour to procure laws for imposing a ton-
Nage duty in powder, on all vessels trading there, paya-
ble in kind, without any commutation.

The lords commissioners of trade and plantation, ex.
Pressed their disapprobation of an act, which had been
assented to by the governor, and had already had its ef.
fect, authorizing a lottery for the improvement of the
Navigation of New river; a mode of raising money,
Which, they: observed, ought never to be countenanced
Nor admitted in the British colonies, where the nature of
the constitution did not embrace the regulations and
Checks, necessary to prevent fraud and abuse, in a matter
80 peculiarly liable to them. ‘The lords also expressed
the great concern they felt, in observing, that the lower
house had availed themselves of the necessity of raising
money, in the month of April, 1761, for the public
Service, to tack a clause, for the appointment of an
agent, to the aid bill; they said, the irregularity of this
Practice, and the many evils and inconveniencies which
Must necessarily flow from it, were too obvious to need
any animadversion, and they desired governor Dobbs,
When the appointment of Couchet Jouvencel should ex-
Pire, to recommend to the houses to pass a separate bill
for the appointment of an agent, and not to seat
Upon any pretence whatever, to an appointment made
m her manner.

The sdieaiy there was for the immediate establish.
Ment of courts of justice, induced the governor to issue
Writs of election, and the legislative body was convened .
&t Newbern in the first days of November.

The governor congratulated the houses on the late
Success of the British forces in the West Indies, ‘by the
Capture of the islands of Cuba and Grenada, which in-

 
 

 

 

we ie CHAPTER [1762

sured to the king all the trade of the northern coast of
Spanish America, and was the earnest of a speedy and
honorable peace. He observed, that the immediate ob-
ject he had in view, in calling them together, was to lay
before them the repeal of the court laws, which he
was about promulgating by proclamation, and of the
other minor acts, which had also received the royal
disallowance. !

He said, he would lay before them the reasons which
had induced this exertion of the prerogative of the
crown, and he hoped they would be convinced, they
could not promise to themselves any advantage, by an
opposition to the king’s just rights: and a disobedience
to his instructions; he alluded to the severe reprimand,
his too ready compliance with their solicitations had
brought on him, and assured them, that for the future, if
any clause contrary to any of the king’s instructions was —
introduced in any bill, he should certainly reject it, how-
ever important and proper it might appear in other
respects.

He besought them to bestow their immediate atten-
tion on the establishment of courts of justice, to promote
the establishment of schools, amend the inspection laws,
and allow premiums on the exportation of hemp and
flax. :

He concluded by observing, that as he had not the
king’s command to require any aid, it would suffice to
lay a small tax, to meet the contingent expenses of the
peor and support the garrisons or forts, for the
security of commerce and the protection of the king’s
stores, at the approaching end of the war. :

A bill was introduced in the lower house, dividing
the province into five districts, Edenton, Newbern,

two associate justices for the whole prov

 

  
  

*

1762] THE SIXTH. 167

Wilmington, Halifax and Salisbury, establishing a su-
perior court of law in each, to be held in the four first

districts by the chief justice, and in the latter by an as-
Sistant judge. ne

The upper house, on the second reading, expunged
the clause for the appointment of the assistant judge for
the district of Salisbury, and introduced one for that of

*

ince; anc ano-

ther, providing for courts of oyer and terminer, to be
held by such commissioners as the governor might from
time to time appoint. These alterations were nega-
tived in the lower house. On the third reading, the
upper house insisted on their amendments ; they ob-
served, it was highly improbable, that the chief justice
could attend the courts of four districts with regularity,

even if no accident happened that might detain him at
home; that the moderate provision made for the assistant

judge of the district of Salisbury, and the liberty allowed
him to practice as an attorney in the courts of other dis-
tricts, were liable to many and palpable objections ; that
the king had, by his prerogative, the right to appoint
at pleasure courts of oyer and. terminer, and direct
commissions to any person he pleased; a right which’
had never been contested as productive of any bad effect
to the subject, and although he needed not the authority
of an act to exercise this prerogative, it was doubted
whether such courts could enforce the attendance of
jurors.

The lower house admitted the advantage which the
province would derive from having associate justices,
and would rejoice to obtain such officers, if it could be
done on a footing that would allow the probability of

their answering the end of their appointment 5 but they

 
 

 

/168 CHAPTER [1762

believed it better to submit to all the inconveniences
mentioned in the message of the upper house, than to
run the risk of having men obtruded ibe them
strangers to their laws, holding their offices on the es
carious tenure of the pleasure of the commander in chief,
They offered to concur with the amendment relating to
Courts of oyer and terminer, provided the governor
should be authorized to grant commissions for holding
those courts to the chief justice and assistant judge ;
they declared themselves willing to increase the salary e

the assistant judge, and saw no inconveniency in allow-
ing him to act as an attorney out of his court, a practice
not uncommon in the mother country. :

The upper house next proposed’ to pass the bill, if
to the clause appointing the assistant judge of the dis
trict of Salisbury, one was substituted, providing for the
appointment of an associate justice for the whole pro-

vince, with as handsome salary and equal powers as those !

of the chief justice ; and onthe refusal of the upper house
to concur with this proposition, the bill was rejected
eg was then introduced, passed both kein
= received the governor’s assent, establishing a
ourt, ~ be stiled the superior court of justice, ia
the districts of Edenton, Newbern, Wilmington Hal-
fax and Salisbury, to be composed, in the first four
districts, of the chief justice and one associate
appointed for each district, and in the latter dis:
trict, of the chief justice and an assistant judge
The Sessions of the court were to be pla iHer 2
the chief justice was allowed twenty-six pounds fis
each court he held, besides fees, and the assistant
judge twenty-five pounds, the associate justices
were to receive neither salary nor fees, except

 

1762} THE SIXTH. 169

when holding the court in. the absense of the
chief justice, when they were to receive twenty-six
pounds. No suit was allowed to be brought in the
superior court in cases in which the sum in dispute
was less than ten pounds. The act was to be in

force for two years.
An inferior court was establishmed in each coun-

ty, composed of justices of the peace; it was to
be held quarterly, and its jurisdiction was confined
to personal actions, wherein the sum claimed was
more than four and less than twenty pounds. ‘The
act establishing it was limited in its duration to the
Same period as the superior court act.

While the bill was on its second reading in the
upper house, it was amended by the insertion of a
clause, providing, that a part of it, inflicting apenal-
ty, in a certain case, shouldn ot be construed to ex-
tend to persons, qualifying under a general commis-

sion of the peace. This amendment was stricken
out in the lower house, and when it was on the third

reading in the upper, the reinstatement of the
amendment was insisted on. The lower house re-
plied, that the amendment was unnecessary, as they
knew of no such commissions in use in the pro-
vince, the introduction of them could have perni-
cious consequences, and they were of opinion, that

they were against law.
The upper house, in a second message said, they;

saw, with surprise and concern, a manifest want of

decorum and decency in the language of the lower
house, in taxing them, as a branch of the legislature,
with insisting upon the introduction of commissions

N. CARO. Jl. 22

 
 

 

170 CHAPTER {1762

unknown, contrary to law and pernicious in their
consequences, charges, which they could not pass
over in silence, while they were convinced, that the
house could not be ignorant, that general commis-
sions, to enable the members of the king’s council
and the officers of the crown, to act as conservators
of the peace, in the several counties of the province,

wereneither unknown, contrary to law nor pernicious -

in their consequences: they insisted on their amend-
ment.

The lower house expressed their sorrow, that
their message should have been so iaiiidasoed
as to be thought void of decency and decorum; lend
if the mode of expression alone was to saatill the
singular complexion of the message of the - er
house, they despaired of ever being able to avoid ike
mnputation of a want-of decency or decorum.

They expressed their full satisfaction, that gen-
eral commissions, to enable the members of the
king’s council and the officers of the crown to sit
as judges of the inferior courts, were not only alto-
gether unnecessary, but as'they' could be of little
benefit, and might be prejudicial to the public; the
thought the introduction of them ought to be Noe

ed. It was needless to make it a question, whether
they were against law, no part of the bill tending to
invalidate them, and, if they should be against be
constitution (and the house thought they were) it

would be improper to give a sanction to them: they
therefore, declined reinstating the clause.

The upper house disclaimed any intention of ob-
taining any sanction for general commissions, or of

1762] THE SIXTH. 174

Sitting as judges of any inferior court, without first
qualifying in the mode prescribed by the bill; they
said, that such commissions had been in use in the
province as well as in many others, and required
no sanction, but that of the prerogative from which
they flowed: they onlyinsisted that the persons, act-
ing under them, should not be liable to the penalty,
They proposed, that the expression should be vari-
ed and the clause declared not to be construed to
extend to members of the king’s council, secretary,
attorney general, &c., qualifying in council under a
general commission of the peace.
They added, that they had been induced to send
this second message, solely froma consideration of
the utility of the bill, and, if the house did not choose
to concur, after this explanation, they hoped they
would not, in the judgment of unprejudiced persons,
be blamed for the fatal effects that might flow from

an ill judged obstinacy.
Tine lower house proposed, that, the section, to
which the clause was proposed to be added, should

be wholly stricken out, or be confined to justiees of
the inferior courts, or justices of the peace for any
county in the province. !
They observed, that, as either of these alterna-
tives would clearly and fully exempt general com-
missioners of the peace, when properly established,
from the penalty to which ordinary justices of the
peace, misbehaving themselves might be subjected;
they hoped the upper house, if they did not accede
to one of the propositions, would offer some other
mode, which did not obliquely ratify a commis-

 
172 CHAPTER [1762

sion, which, it was believed, had not, and for any

thing that was known, would never have an exis-
tence.

They concluded, that whatever might be the 60a
Sequence of the dispute, they would have the satis-

faction to think it had not its rise with them, and _

doubted not, that, if the bill miscarried, every unpre-
judiced person would easily distinguish between
abetting and Opposing a measure, that must be con.
fessed a novelty in the constitution.

The altercation ended by an acceptance, on the
part of the upper house, of the second alternative.

Provision was made for the establishment of an

orthodox clergy, and encouragement held out to
pious and learned ministers to settle

vince. An act was passed

improvements in the management of the estates of
orphans and the care of their persons; the negocia-
bility of promissory notes, the relief of poor debtors,

the extension of public roads and the destruction of
vermin.

in the pro-
‘ introducing valuable

name of Mecklenburg was given,
new queen.

_ A number of stores
commodious landing, o
river, inthe lower part
at the request of ind
thither, a town was est
spot; it was called Ki
the revolution,

in honor of the

had been established at a
n the north side of Neuse

ividuals who had removed
ablished on this convenient

\ingston, a name which, after
was imagined would be rendered

Salaam maeieeednee

173
1262] THE SIXTH.

more agreeable, by being deprived of its fourth
letter,

= trade of the counties of Anson and Rowan,
which began to increase, was observed pirat co
in Charleston, with a view to prevent a vision o
the wealth of this part of the province, and cause it
to flow down towards Wilmington, a town was ce
tablished on the north west side of Cape Fear river;
it was called Campbelton. ‘This is one of the very
few instances, in which the expectations of the legis-
lature, in establishing a town, were not deceived.
The spot afforded a convenient landing, the stores,
however, were chiefly built at the distance of one
mile from the river, ata place called Cross creek.
In the year 1784, the place was called F ayetteville,
in compliment to a French nobleman, who distin-
guished himself by his zeal for the American cause,

i volutionary war.
He rif united in an address to the king, for
the removal of the seat of government from Tower
Hill to Newbern, a measure in which, however,
they were far from being unanimous. In the upper
house John Rutherford, Lewis Henry, de Rosset n 7
John Sampson, protested against the resolution for
c ing with the other house. ° :

opie ie admitted the propriety of en
the seat of government from Tower Hill; bu me
ed the expediency of fixing it, for the present, :
any place, more particularly at Newbern; for, the

Southern boundary of the province being, as
Unascertained, and the territorial oe i F
South Carolina not likely to be soon terminated, the

 
 

 

 

174 CHAPTER

step appeared precipitate, and perhaps indecent,
while the contested points were soon to be laid be-

fore the throne, for the royal determination. The
itPropriety of fixing the seat of government was in
their judgment glaring, the town of Newbern, being
neither central nor on the best navigation, and de!
ficientin good water,

The measure was carried in the lower house by
a very small majority, and in the other by the cast-
ing vote of the president, James Hasel. The mem-
bers who voted for it, were Richard Spaight, Henry
E. M’Callough and Alexander M’Cullough.
The definitive treaty between their Britannic,
most Christian and Catholic majesties, was signed at
Paris, on the 10th of February.

On the 5th of March, a charter was granted to the

town of Wilmington, its precincts and liberties, con-
stituting a borough, with a mayor and aldermen’s
court, having a limited jurisdiction of suits between
the inhabitants and transient persons, not residing in

the province, with other privilegés. The same favor
was afterwards granted to the towns of Newbern, Eden-
ton and Halifax.

As the removal of the French and Spaniards from
the vast extent of country which extended between
the province of Georgia and the river Mississippi, which
were now ceded to Great Britain, caused an alarm and in- .
creased the jealousy of the neighboring tribes of Indians,
the ministry thought it indispensably necessary to take
the earliest steps to prevent their receiving any unfayora-
ble impression, to gain their confidence and good will,
without which, it would be impossible for the nation to
reap the full benefit of its acquisitions in that part of the

[1763

t

1763] THE SIXTH. 175

World. It was believed the French and Spaniards, in
Louisiana and Florida, had long, and too successfully,
inculcated an idea among the Indians, that the English
entertained a settled design of extirpating the whole In-
dian race, with a view to possess their lands; and that the
first step towards carrying this design into execution,
Would be to expel the French and Spaniards, the real
friends and protectors of the Indians. With a view of
Preventing the ill effects of thuse suggestions, the gov-
ernors of Virginia, the Carolinas and Georgia, were di-
rected, without loss of time, to invite the chiefs of the
Creeks, Choctaws, Chickasaws, Cherokees and Cataw-
bas, to a meeting with them and the superintendant of
Indian affaires, for the southern department at Augusta,
in the province of Georgia, to apprise the Indians, in the
Most prudent and delicate manner, of the change which
Was about to take place. It was recommended in doing
this, not only to avoid every expression which might
awake the fears, or point out the dependence of the In-
dians upon the British, but to use every means to quiet
their apprehensions and gain their good opinion,

For this purpose, the governors were directed to recur
to the original causes of the war with the French, to
Mention and dwell upon the several cruelties they exer-
Cised during the course of it, the arts they employed, the
Sroundless stories they propagated among the Indians,
in order to excite their jealousies, to alienate their affec-
tions from the English and to provoke them to commit
Such violences, as the king was at last compelled to re-

- Sent: that, by the same insidious arts, they had so far

Wrought upon the credulity of the Spaniards, as to in-
Volve them in their quarrel and its consequences; that,
through the special favor of providence, the wisdom of
176 CHAPTER ®

the king and the courage of his troops, all their mischiev-

ous practices had been discovered and defeated.
They were advised to impress on the minds of the In.

dians, that in order to prevent the revival of such distur- _
bances and troubles, by repetitions of the same danger-

ous proceedings, the king had found himself obliged to
insist, in the treaty of peace, that the French and Span-
iards sholud be removed beyond the river Mississippi, to

the end, that the Indians and his people might, hereafter, :
live in peace and brotherly friendship together; and that —
the English felt a particular satisfaction in the opportu- .
nity, which their successes afforded them, of giving to —
the Indians the most uncontrovertible and substantial _

proofs of their good intentions and cordial desire to
maintain a sincere and friendly correspondence with
them: that those proofs would consist, first, of a total

forgiveness and oblivion of all past offences, fully per- |
suaded that they were entirely owing to the deceiving ©

arts of the French and no ways to be attributed to any _

ill will in them; secondly, of opening and carrying on
as large a traffic with them as would supply all their

wants: thirdly, of a constant attention to their interests

[1763

and a readiness, upon all occasions, to do them com: —

plete justice, and lastly, of the most solemn assurances,
that those forts, now ceded to: the king, by means of
which the French really did intend to subvert their lib-
erty, and accomplish these evil designs which they
imputed to the English, should never be employed, but
to protect and assist them and to serve for the better

convenience of commerce and the cultivation of friend-

ship and good will between them and the king’s sub-
jects,

163 i

THE SIXTH. ro

The minister added, that should the Indians retain any
jealousy or suspicion, that the forts, situated in the heart
Of their country, such as Alabama, Tombigbee and fort
Loudon, might be made use of for purposes unfavora-
ble to them, and expressed a desire, that they should be
demolished, he made no doubt, but that their represen-
tations, on that head would be most graciously received
and that the king would readily comply with any rea-
Sonable request of theirs, in order to give the most satis-
factory proofs of his intention to fulfil the friendly de-
Clarations which his governors were instructed to make,
in his name, to.the Indians, of the sincerity of which, it
was highly important, they should be convinced, in or-
der to prevent those evils, which would necessarily
happen, if their thorough confidence in the king’s go-
Vernment was not established on a solid and secure
footing.

In order to try every possible method which might
Contribute towards this object, goods, to the amount
of five thousand pounds sterling, were purchased and
Shipped towards Charleston, to be distributed in pre-
Sents among the Indians, at the intended meeting at
Augusta.

In the latter part of the spring, the king’s proclama-
tion was published in America, for the establishment
of the provinces of Quebec, East and West Florida.

‘On the 5th of April, a resolution was introduced into
Parliament, for a stamp actin America. The minister,
however, withdrew the resolution, to allow time for the
Colonists to petition against it, when brought forward at
the next session. r?

On the 9th of July, lord Egremont addressed a cir-

Cular letter to the governors of the American provinces,
N. CARO. , 23

 
 

 

 

178 CHAPTER [1763

informing them, that it appearing, that the public reve-
nue had been: greatly diminished and the fair trader
much prejudiced, by the fraudulent method, used to
introduce, into’the king’s dominions, on the continent
of America, contrary to several statutes of the British
parliament, commodities of foreign growth, in national
as well as foreign bottoms, by means of small vessels,
hovering on the coast, and that this iniquitous practice
had been carried on to such an extent in’ America, it
had been found necessary, at the last session of _parlia-
ment, to pass a statute for the improvement of the
king’s customs, the encouragement of officers making
seizures and the prevention of the contraband trade,
by which the former statutes, on these subjects, were
enforced and extended to the British dominions in all
parts of the world, and the king having it extremely at
heart to put an end to all practices of this nature, by a
punctual and vigorous execution of the laws, made for
this salutary purpose, and having ordered, that the most
effectual steps should be taken for obtaining that end,
the commanders of his ships, stationed in Aimerica,
would be vested, for the future, with the necessary and
lezal powers, from the commissioners of the customs,
to carry into execution the several statutes, relating to
the seizure and condemnation of any ship that should
be found transgressing against them. ‘The governors
were requested, not only to co-operate with, and assist
to the utmost of their power, the commanders of the
king’s ships, in the execution of the powers and in-
structions, given them by the commissioners of the cus-
toms, but to use their utmost endeavors, by the most
assiduous and impartial execution of the laws, to put

t

1763] THE SIXTH. 178

an effectual stop to the clandestine running of goods
into any part of their respective governments.

In the conclusion of this circular, lord Egremont ob-
served, that it was incumbent on him to say, that the
king would not pass over, unnoticed, any negligence or
relaxation, on the part of any person employed in his
Service, on a matter on which he laid so much stress,
and in which the fair trade of all his subjects was so es-

pecially entrusted.
After the peace, the Reverend Joseph Alexander, D.

D., a minister of the presbyterian church, removed from
Pennsylvania to South Carolina, and was eminently in-
Strumental in. planting churches, both in this province
and in North Carolina, at that early period of the settle-
ment of the back country, when both provinces were
in a very destitute condition, with respect to religious
mMstruction.

In the full, governor Dobbs sat off for Augusta, in
order to attend a congress of the governors of the south-
ern provinces. During his absence, the government of
the province devolved on James Hasell, the counsellor
first named in the king’s instructions, This gentleman
qualified as commander in chief, on the 15th of October.

The Creek, Choctaw, Chickasaw, Upper and Lower
Creek, and Catawba nations of Indians, sent some of
their chiefs to Augusta, where a treaty was concluded,
and their respective territorial claims adjusted, the boun-
daries of their lands ascertained, and regulations adopted
to secure the trade and good understanding, between
the red and white people.

Governor Dobbs, on his return to the province, met
4 new legislative body, on the 3d of February, at wil
Mington, After communicating to the houses, the

 
 

180 CHAPTER [1764

success of his journey to the province of Georgia, he in- |

formed them, that having no orders to require any aid
he had only to recommend, that the men raised for Fort

Johnston and Fort Granville, might be kept in pay, to —

take care of the forts and stores, until the king gave or-

ders for their being garrisoned by regular troops. He |
drew the attention of the legislature, to the great quantity —

of worn out, defaced and counterfeited bills in circulation:

and recommended an emission of paper money, by which _
the former hills might be taken out of circulation and _
replaced. He deplored the great want of clergy-
men in the parishes; twenty-four out of thirty be
ing without a minister, and recommended that the |
salary of clergymen might be levied in all, een those

ze were unprovided with one, in which the money thus
: ‘ might be appropriated to the purchase of glebes
and the erection of churches, He again urged the al-

lowance of i
a a bounty, on me exportation of hemp and

ae lower house replied, that an emission of paper
es oe caer be attended with a considerable expense,
would suffice, if the sheriffs and treasurers were to

ne such ragged and torn bills as might be offered
em, and these were burnt at the meeting of

the legislature. . They admitted the great want of cler.

ae but added, sufficient provision was already
ve 4 Bf ae to the ability of the people ; and
seit vk Sums appropriated for the purchase of

te © establishment of schools, under a sus-
pending clause, until the King’s pleasure was known,

which had been borrowed f
eS ee ° f or the
and since, in part, for Stinthigeincles. pecriecs nale

1764] THE SIXTH. 48

The governor laid before the house a letter from lord

Egremont, of the 27th of November, 1762, directing

him to express to the assembly, his high disapprobation
of their conduct, and undutiful behaviour in obstinately
Persisting to refuse any aid, or to raise men for recruit-
ing the troops, whereby they had incurred the king’s
displeasure. The letter concluded, by communicating
the king’s approbation of governor Dobbs’ resolution,
to raise the one hundred and thirty-four recruits requi-
red by Sir Jeffry Amherst, notwithstanding the assembly
had refused to concur in any measure for that purpose.
In the message, by which this letter was communica-
ted, the governor expressed his hope, the house would
approve of his having advanced his money, for a service
which was soagreeable to the king, and the drafts for
four hundred pounds sterling, which he had drawn upon
the agents in London, for his own reimbursment. The

house resolved, viva voce, that they could not approve
of the governor’s drafts.

On the third reading of a bill, for defraying the expen-
ses of the members of the legislature, the lower house
substituted the word doard, for the word house,
as applied to the upper house. The members of
the latter were much nettled at the alteration, and a
preliminary message was sent, to know whether the
house would adhere to it. It was answered, that the
words board and house, appeared, on examination, to
have been indiscriminately used in reference to the upper
house; but, to prevent misunderstanding, the lower
house were willing, if the word board was disagreeable
to the members of the other, to substitute for it, the

word council.

 
182 CHAPTER [i764 :

The upper house replied, that to debate about words 1764} THE SIXTH. 9%
would be frivolous, if they did not tend to introduce a ¥

dispute about things and powers, and as the house was
determined to maintain and support firmly, the powers
and authorities with which the king had invested them;
they should not permit the lower house to call them by —

any other name, less respectable than that of Aouse; and _ they should think) taenseles'-well justified to enicnaih
if the bill was not amended by reinstating that word, they _ y

P 1 4 ifested by the
verti the spirit of aggravation man nigh
would not pass that, or any other bill, nor act on any re- Noro are bine as they had received that public satis-
solve or estimate. A

| ic imously of opinion, their
) jon, which they were unanimously
The lower house expressed -their concern, that a _ pe ie diva: ace es lrg 0

name, in every respect dignified and honorable, imply- ! under the necessity of insisting upon, they would pro-
;

to sounds, they would, for the sake of peace and har-
mony, readily agree to the word house.

¥ ne upper house rejoined, that if they hte 33 to ae
sider their feelings, in preference to the desire they had o

preferring the public good to all other considerations,

 

ing wisdom and deliberation, and which his majesty had P : tch in their power. But,
the bill all the despa j
been pleased to confer, should become So strangely dis. Poni ti they were to observe, that their ob-

agreeable, as to produce a message threatening destruc- jection to the word-council, did not proceed from an
” 4 all bills, however serviccable they might be to the Opinion, that it was in the power of the lower house, to
public, unless the lower house agreed to the alteration of ive them a more honorable appellation; but, from “
the name so anxiously desired to -berid of. They add- joan tion of being addressed in their different capacities

ed, they could not help considering the message as in. b r and adequate titles. They flattered them-
flammatory in its tendency, and obstructive of the public A se resolution they had taken upon this dispute,

service in its consequences, and quite inconsistent with * in the eyes of unprejudi-
. er appear improper in 54
those professions of regard to the public, made on seve- be taped. = %

: ee edings would evince, that
ral other occasions, and the duty of each branch of the iy aye ‘ runidiahy de public good was.as sin-
legislature, to the king’s subjects inbabiting the pro. =, rie , h those who were. clothed with the spe-
vince. They observed, it was very immaterial to the pa a i rhe resentatives of the people.
king or his subjects, whether laws: were enacted by the —" arb BS Pe en introduced, and passed the lower
governor, council and assembly, or by the governor, A bill baving

ee ey

ET EEE

2 ee . nt of the
the upper and lower houses: the advantages derived house, for sate, | ps ing 9 neues making
from them, being always in proportion to the wisdom of. 4) province, the upper Fn body one of the quorum of
their formation ; they concluded that, more attentive to Che: retigm «soe fo d Hf and the lower house
the interest of the public than to things and powers, __ phe ace ce b cri Se Hy

which, they persuaded themselves, would: neither be
changed nor increa

sed, by the proposed alteration, than

refusing to concur, the bill was rejected : a:
the lower house, by a resolve, appointed that gent le w
agent of the province for eighteen months, with a salary

 
 

 

184 CHAPTER {1764

of two hundred pounds sterling per. annum, and ap-

pointed five of their members a committee of corres-
pondence,

A chart of the sea coast, having been made by Daniel
Dunbibbin, was this year published by his widow, to
whom the legislature allowed a small premium.

The distance of Newbern, where the only printing of.
fice in the province was established, from Wilmington,
which had become the seat of government, impeding
public business, a committve of the legislature were di-
rected to procure a printer to settle at Wilmington.

_ One commissioned officer and ten men, and one offi-

cerand four men, were kept in pay for fort Johnston and
fort Granville,

A bounty of sixteen shillings and four pence on eve-

ry hundred weight of hemp raised in, and exported out -—

of, the province, and of thirteen shillings and four pence
on every hundred weight of flax, were allowed. The
militia and vestry acts were revised; in the former.
Presbyterian ministers were exempted from militia duty,
which is the first instance of any indulgence granted by
law to non-conformists. A new county was establish-
ed, out of part of those of New Hanover and Bladen, to
which the name of Brunswick was given, in compliment
to the hereditary prince of Brunswick, who married, this
year, princess Augusta, the king’s eldestsis ter; and a
part of the county of Granville was erected into another,
called Bute, in honor of the earl of Bute. An act vil
passed for the erection of a school house in the town of
Newbern, which is the first effectual act for the encou-
ragement of literature. ‘
Great Britain, at the conclusion of the late war, in
which her flag had been that of victory on every sea,

i
:
;
;

1764) THE SIXTH. , 185

found her already too great dominions enlarged by the
accession of vast territories in both the Indies ; heavy,
however, was the burden of such triumphs and con-
quests; she groaned under the weight of a debt, the in-
terest of which was alane above her resources ; the in.
Zenuity of her ministers had been exhausted in quest
of new objects of taxation, or in search among the
old, for any that might bear a heavier pressure. On
the contrary; new objects of expenditure daily presented
themselves; treasures were wanted for the purpose of
bringing her new acquisitions into value and to retain
France in awe, who was soured by the humiliations of
the war and the sacrifices of peace; the security of the
present, and the felicity of the future, loudly called for
new and prompt pecuniary supplies.

In this dilemma, the mother country cast her eyes to-
wards her colonies ; as members of the empire, it was
just they should contribute to its defence and splendor ;
this position the provinces ‘of the new world were not
inclined to controvert; but they had always asserted the
right of determining on the expediency and extent of the
Contribution. It was imagined in Great Britain, that
the moment of a glorious peace might afford a favorable
Opportunity of obtaining the acquiescence of the colo-
nists to a tax imposed by parliament ; accordingly, on
the tenth of March, the British house of commons re-
Solved upon several duties on imports and exports, to
and from the British colonies and plantations in America,
the whole amounting, however, but to an inconsiderable
Sum’; among the other resolutions, one was, that it was
Proper to charge certain stamp duties in the colonies
€nd plantations; it was a mere abstract. proposition,

N. CARO. II. 24
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 

 

CHAPTER.

[1764

which was not accompanied by any bill or resolution to
carry it into practice.

In the course of fhe summer, the committee of the

legislature having contracted with Andrew Stewart for
the printing of the laws of the province, he set up a press
in the town of Wilmington. The leisure which this
measure afforded to James Davis, the printer at New-
bern, induced him to employ his time in the publication
of a periodical paper; the first number of it made its
appearance towards the first of June, under the title of
the North Carolina Magazine, or Universal Intelligencer ;
it_was printed on a demy sheet, in quarto pages, with ‘
view to its being bound ; this was the first Sidbsipeion
of the kind attempted in the province since its first set-

tlement, almost a century after the date of the original
charter ; it was fora great number of yearsa very jejune

and vapid paper; filled with long extracts from the works
of theological writers, or selections from British maga-
zines, the want of a regular post office establishment ren-

dering the news department quite insignificant.

Andrew Stewart was not long in the province, with-
out imitating Davis’s example in this respect ; owned
the first of September, he issued the first suai of the
North Carolina Gazette and Weekly Post Boy; the
town of Wilmington having the advantage of a ood na
vigation, being often visited by European dedathe and
— 208 a regular trade with Charleston, the latter
pr ntained the earlier and more general intelli-
‘ Governor Dobbs having obtained leave of absence
William Tryon, a colonel in the queen’s guards, wa

sent over as lieutenant governor of the province ; he

a

1764] THE SIXTH. 187

reached it late in October, and was qualified at Wilming-
ton on the 27th of that month.

The legislative body held its second session at Wil-
mington, on the 25th; goversior Dobbs, in opening it,
recommended to the houses to employ the calm mo-
ments of peace in the improvement of the domestic polity

of the province, particularly to lay a small tonnage duty
for the improvement of its navigation ; and raise a small
fund for the contingent expenses of government, and
the premium allowed on the exportation of hemp and
flax ; he advised, that this might be done by increasing
the duty on wines and spirituous liquors.

‘The lower house expressed their grateful sense of the
goodness of the Divine Providence, manifested during
a long and expensive war, now terminated by a safe,

glorious and honorable peace.
They observed, that as the tax on trade, lately im-

posed by parliament, must tend greatly to the hindrance
of commerce, and be severely felt by the industrious in-

habitants of the province, they hoped the bounty grant-
ed by parliament on the culture of flax and hemp, would
be thought a sufficient encouragement for those who
export those articles, and it would be more for the
interest of the province, to apply the premium granted

by the late act of assembly, as an encouragement to the
manufacture of those commodities; they thanked the

governor for the concern he expressed for the improve-
ment of the navigation of the province, and assured him
that although they saw with regret, their commerce cir-
cumscribed in its most beneficial branches, diverted from
its natural channel and burdened with new taxes and

 
 

impositions, laid upon them without their privity or con-
sent, and against what they esteemed their inherent ri
and exclusive privilege, nothing should be wanted on
their part to ease the trader, as far as in their power, of

the heavy expenses attending the exportation ot their
‘Commodities, and to remove, as far as possible, every
incumbrance with which the commercial interest was

The establishment of Fort Granville was discontinu-

ght €d; that of Fort Johnston was continued for one year,

| . 189
188 CH. R [1764 | 1764] THE SIXTH
|
At the request of the governor, the lower house cau- | | |
i t emissions Waal
Sed a statement to be made, of the different e |
j

of bills of credit and treasury notes, thrown into re
tion since the year 1748, and of the currency called in

 

 

clogged. The governor thanked them for this ace
knowledgment of the goodness of Divine Provi-
dence, in the conclusion of the war, but thought them
very remiss in their duty in not returning thanks to the
king, the happy instrument, in the hands of that Provi-

consideration, he would return no answer to it, but he

knew of no heavy expense attending the exportation of
the commodities of the province, Gy

The house of representatives of the Province of
Massachusetts, addressed a representation to the speak-
ers of the assemblies of all the provinces, on the subject
of the late Proceedings of parliament, in regard to the
restriction on their trade, the Stamp duties, &c., on
which the lower house appointed a committee, consist-
ing’ of their own speaker and four’ other members, to
express their concurrence with the Sentiments of the
house of representatives of Massachusetts,

A sum of one hundred and thirty-
shillings, Was appropriated for an all

i
by duties and taxes, and burnt, and it appeared, that the :

amount in circulation was seventy-five thousand ie
thirty-two pounds, four shillings, for the yore:
Which an annual polltax of etd shillings, and a uty
iquors, were laid.
marae be had been introduced into the upper
house, for the appointment of a printer to the province,
having been rejected in the other, the governor commu-
Nicated this circumstance in a message, announcing to
the lower house, that he had appointed Andrew Stewart
Printer to the king, and required them to make ano
Sion for his salary: the house refused to comply an nse
tered into a resolution, that they knew of no such oflice,
and of no duty, fees or emoluments incident _—
and the appointment was of a new pa unusua Rp
ture, unknown to the laws, and a ‘violent stretch o}
bee governor informed the house, by a message,
that it was the king’s undoubted prerogative, to *
Point a printer to print his proclamations, the “ei fe)
Sovernment, and his laws; that, in England, the __
Of commons appointed a printer, to print their votes a
resolutions only; that when. the printing of the kings
rders, proclamations and laws, was attended Bec
€xpense, it was the duty and privilege of t
190 CHAPTER [1764

house, to raise and provide an adequate sum. Heé,
‘therefore, repeated his request. The house answered,
they did not deny the king’s prerogative; but they
were of opinion, the appointment of a printer to the pro

vince, was the inherent right of the people they repre

sented ; and, although they deemed it inconsistent with
their duty to their constituents, to burden them with

the salary of an officer, in whose appointment their con

currence was unnecessary, they would allow to Andrew
Stewart, one hundred pounds, asa compensation fof
his trouble and expense in coming to the province, oul
of the contingent fund.

Very few acts were passed at this session: the court
laws, which were about expiring, were continued: somé

amendments were made to the pilotage and inspection
laws.

In closing the session, governor Dobbs observed,

that, it being probable he should meet them again be
fore his departure, he would prorogue them for a shott
time; and that, in case he received any command from
the king, he might call them again, He added, st was bis
duty to inform the lower house, that by. hasty and in
considerate resolutions, suffering themselves to be ovef
ruled by young members, not rightly acquainted with
the constitution of the mother country, or the colonies;
they had interfered in the exercise of the executive pow’
ers, which the king had delegated to the governor, bY
attempting to dispose of moneys, already raised and u0-
appropriated, arising from the surplus.ef certain funds
and the service for which they were granted. He
concluded, that in what manner soever this advice wa

received, he should ever think it his duty, to lay the loy- —

THE SIXTH. 191

1765]

alty of the inhabitants of the province before the king,

in the most favorable light. :
In the complimentary addresses, which the announced

departure of the chief magistrate called from pte se
the upper house testified their high sense 0 t _—
and important services derived to the province, F ng
his administration, while the other spoke only 0 his
zeal in promoting the rights of the crown : they said,
that his faithful representation of their loyalty, pd oe
attachment to their sovereign, was an office of right )
Which they hoped they were entitled, and from thence
doubted not of its being faithfully performed. ‘

On the rise of the legislature, accounts reached the

town of Wilmington, of some serious disturbances a
the county of Orange, the cause or pretence of whic ‘
Was stated to be, the exactions of the clerks, registers,

e attorneys, in requiring illegal and exor-

va “be ceiaanat OOM with a view to ——
this evil, issued his proclamation, forbidding such illega
shee not live to perform his intended voyage ; but
died at his seat on Town creek, in the county of Bruns-
Wick, near the town of that name, on the 28th of March,
i of his age.
: mi a ‘ak in council during 24a
Dobbs’. administration, were James Hasell, Mathew
Rowan, James Murray, Francis Corbin, John Daw-
Son, Tonk H. de Rossett, John Ricusett, James
Jones, John Swann, John Rutherfurd, Richard Spaight, 7
Edward B. Dobbs, Charles Berry, John Sn
Henry E. M’Cullough, Alexander M’Cullough, wil-
liam Dry, Robert Palmer and Benjamin Herron.

 
 

 

19@ CHAPTER. [1765

The chief judicial seat was s i |
uccessively filled b
Hasell, Peter Henley, and Chaites Berry
pig age Joseph Anderson, Charles Elliot,
omas Childs, i
ane S, served in the office of attorney

:
|
}
Chalmers— Marshall—Records. |
:

CHAPTER VII.

Wiuiziam Tryon was qualified, as commander.in
chief of the province, on the 3d of April, 1765, in the
town of Wilmington.

In the latter part of the winter, George Whitfield, a
Celebrated Methodist preacher, visited this province, on
his way from Charleston to Boston. He preached in
Several of the principal towns, and, generally, to a large
audience.

Great riots happened in the county of Mecklenburg,
in} the beginning of the month of May. Henry E.
M’Cullough, a member of the council, who acted as
attorney of George A. Selwyn, who possessed large
tracts of land in that county, having employed John Fro-
hock to survey them, anumber of armed men, in dis-
Suise, with their faces blackened, forcibly compelled him
to desist.

_ The lieutenant governor met the legislative body, on
its third session, in the town of Wilmington, on the 3d
of May.

After a short encomium on.his predecessor’s ad-
Ministration, he advised the houses to improve the
hour of tranquility in promoting the internal pol-—
ity of the province: as one of the best means of
doing so, he recommended a strict inquiry into the
State of the public funds and an inviolable observ-

N. CARO. II. 25

 
  
 
  
  
  
 
  
 
  
  
  
 
  
 
  
  
  
 
  
  
   
 
 
 
  
  
  
  
 
 
  
 
  

i94 CHAPTER [1765

ance of public engagements. He added, he was
instructed to request the passage of a bill, making
a better provision for an orthodox clergy and point-
ed out the necessity of establishing a clergyman in
each parish, whose salary should be paid out of the
public treasury, He advised such gentlemen, as
were members of the church of England, to reflect
on the present state of that church in the province,
and the little prospect there was of its ever being
properly established, if they any longer suffered
the clergy of their profession, to lie under so general
neglect. He further added, he grounded his asser-
tion on the increasing number of sectaries, who, in
a short time, might find themsslves the majority of
public assembiies; each of whom, might then possi-
bly incline to establish his own persuasion, in pre-
ference to the established religion at home: he ex-
pressed his hopes that, from these observations, it
would not be concluded he was an enemy to tolera-
tion; he professed himself its advocate, but observ-
ed, he had never heard toleration urged in any
country, as an argument to exempt dissenters from
their share of the support of the established church.
some provision to enable the postmaster general to
establish a line of post roads through the province
of North Carolina,
A committee of the legislature was appointed to
contract with the postmaster general, for conveying
the mail from Suffolk to South Carolina, and an ap-
propriation was made for that purpose. A clergy
act was passed, directing the ehurch wardens to

He recommended to the lower house, to make .

1765] THE SEVENTH. 195

provide a sufficient glebe and allow a salary of one
hundred and thirty-three pounds eighteen shillings
to a minister in each parish. 276

Rumours were prevailing through the continent,
that the stamp act was passed by parliament, al-
thouvh it did not receive the king’s assent till the
22d of March; a great ferment ensued: instars

rovinee, of great murmurs am
merge in New-York and Philadelphia;
the lieutenant governor, apprehensive that the low-
er house were about o enter into some resolutions,
expressive of their sentiments on that subject, sud-
denly prorogued the legislature on the 18th of May,
until the 30th ef November, to meet at Newbern.

A general consternation now pervaded the Amer-
ican provinces. In the city of New-York, the act
was printed and hawked about the streets, under
the title of The folly of England and the ruin of
America: in that of Philadelphia, the guns at the
fort and the barracks were found spiked, to the
great surprise and uneasiness of the inhabitants.
The legislature of the province of Virginia, ste.
session when accounts of the passage of the bi
reached Williamsburg, the house of burgesses too
this fatal measure into consideration. After ~
mising that the British house of commons he
drawn into question, the power of the general as-
sembly of the province, to enact laws for eying
taxes and imposing duties on the inhabitants, fe ol
vesolved, (in order to fix the true principle s a
Constitution) that the first settlers of the _ ‘i

Virginia brought with them, and transmiite

 

 

 
 

196 CHAPTER [1765

their posterity and all other subjects of the king,
residing in the colony, all the rights and privileges
enjoyed by the people of Great Britain, and their
rights, in this very important respect, were after-
wards acknowledged by two royal charters; that
the colonists had enjoyed the right of being govern-
ed by their own legislature, in the article of taxes
and internal polity, a right which they never had
forfeited or yielded up, but which had been con-
stantly recognized by the king and people of Great
Britain; that the general assembly of the colony,
together with the king’s representative, had the ex-
clusive right to levy taxes and impositions upon the
inhabitants, and that every attempt to vest such a
power in any other person or body of men, was ille-
gal, unconstitutional and unjust, and had a tendency
to destroy British, as well as American freedom.

Meetings of the inhabitants of the towns of Eden-
ton, Newbern and Wilmington, were called; and in

each, resolutions were entered, expressing their utter
abhorence of the late measures of the British parlia-
ment and a hearty concurrence with the sentiments
expressed by the inhabitants of the northern proyin-
ces. The consternation, thus excited, was increas-
ed by a renewal of the disturbances, in the county
of Orange, which had now spread into the adjacent

and the distresses attendin
paratively small sums,
a suit in the superior

§ the recovery of com;
by the expensive process of
court, enhanced perhaps by

 

)

197
1765] THE SEVENTH.

the misconduct of -some of the officers, had ex-
Cited murmurs, which were now succeeded by com-
binations to seek relief and redress. On the 6th of
June, a paper was circulated at See in ps
County of Granville, entitled ‘a serious a Pisa o
the inhabitants of the the county of Granville, ~~
taining a brief narrative of our deplorable compe
and the wrongs we suffer and some necessary :

with respect to a reformation.” It had for er.
this line of Pope, save my country, heavens, : 2 ‘ag
my last, the writer was an illiterate man, bu >
sentiments were expressed with clearness, force an

energy.
In the month of June, the house of representa-

tives of the province of Massachusetts roma
ly agreed to propose a meeting of committees of the
houses of representatives or burgesses ie the een
al British provinces, to consult toget ier, 2
circumstances of the colonies and the difficulties to
which they were, or must be reduced, by ret 8
tion of the acts of parliament, for levying duties an
taxes on the colonies, and to consider of a Pheri
united, dutiful, loyal and humble Re neces: 8
their condition to the king, and to implore oy ief.
The speaker was directed to address the es me
of the respective assemblies and to inform ee
that the house proposed such a meeting to be e
in the city of New-York, on the first Tuesday in te
tober, and had appointed their members to atten
t ervice.

ay town’ of Providence, a meeting of the a
men was called early in August, ‘to confer on such

 
 

 

198 CHAPTER [1 1685

measures, as should appear to them, necessary, relative
to the stamp act, whereby the darling boast of the British
North American subjects, which were once deemed in-
defeasible, must be greatly abridged, if not totally anni-
hilated.”” At this meeting, their representatives were
instructed, strenuously to resist the incroachment.

Similar steps were, at the same time, taken in the pro-
vince of South Carolina.

In the town of Boston, two effigies were found hang-
ing, on alimb of a great tree, at the southern extrem.
ity of the town, early in the morning of the 14th of Au-
gust. By the label, fastened to one of them, it appear-
ed designed to represent a stamp officer, the other was a
jack boot, with a head and horns, peeping out at the top.
A great concourse of people soon assembled, whose ar-
dor was much inflamed by that sight. The images were
taken down, placed on a bier, supported by six men
and carried in procession, through the town, followed
by a multitude of people of all ranks, in regular order,
crying liberty, property, no stamp. ‘They marched to
a building, lately erected, which was supposed to be in-
tended for a stamp office and razed it to the ground;
then taking up the wood work of it, they carried it in
procession, with the images, to Tree Hill, where they
demolished the barn and fences: they were about return-
ing, when the indiscretion of a person within inflamed
them to such a degree that they entered the house and
did considerable mischief.

On the following day, the person, who had been ap-
pointed stamp master, resigned his office. The popu-
lace assembled again, intending further mischief, but
hearing of this circumstance, proceeded to his gate, gave
three cheers and dispersed quietly.

17654 THE SEVENTH. ' 199 hi it

In the province of Connecticut, Jared Ingersol, the f
Stamp master, was compelled to resign his office. f
On the 27th of August, the people of the town of |
Newport, in the province of Rhode Island, brought
forth three effigies in a cart, with halters about their |
necks, to a gallows, about twenty feet high, erected near

the town house, where they were hanged, cut down and !
burnt, at the acclamations of thousand, On the next |

evening, they assembled again and beset the houses of he
ticalewen and Thomas Mossat, which they burnt , |
and destroyed, with the furniture, leaving them mere

shells. They proceeded down to the house of Augus-
tin Johnson, the stamp master, with the intention of de- j
stroying it also, but it being represented to them that it ii
was the property of another person, they insisted on his i
furniture being surrendered to them: they were, how-
ever, pacified on his resigning his office. Martin How-

ard and Thomas Mossat, finding the resentment of the he
people highly risen against them, thought their wisp
in danger and sought shelter on board the Syren ship f
war, in which they sailed for England.
Early in the month of September, the stamp paper,
for the use of the provinces of New England, arrived
at Boston, but governor Barnard, by the advice of the
council, lodged them in Castle William, This mea- a
sure averted fresh tumults, for the populace had deter- ii i
mined on making a bonfire of them; and some individ-
uals expressed great chagrin at the disappointment, .
On the 20th, the lawyers, attending the supreme court. |
i

 

of New Jersey, at South Amboy, had a meeting, at the
request of the chief justice, and, after protesting against
all kinds of riotous or indecent behavior, which they
resolved to discountenance, by all means in their power,
   

 

 

determined, by an absolute refusal to make use of the
stamps and other quiet methods, to endeavor to procure
the repeal of the act.

The legislature of the province of Maryland met in
the latter part of the month of September, but the con-
fused situation of the country prevented them from en-
tering on business. The lower house appointed a com.
mittee, according to the recommendation of the house of
representatives of the Province of Massachusetts, and
entered into a number of resolutions, nearly in the same
Spirit as those of the house of burgesses, of the province
of Virginia.

On the Sth of October, the stamps, for the use of the
province of Pennsylvania, reached the port of Philadel-
phia. The ship which brou ght them, had stopped for a
while at New Castle, under the protection of a ship of
war, which came up with her. A8 soon as these ships
appeared round Gloucester point, all the vessels in the
_ harbor hoisted their colors half staff high; the bells were

muffled and kept tolling till the evening; every counte-
nance adding to the appearance of sincere mourning.
At four o’clock in the afternoon, several thousand citi-
zens met round the state house, to consult on the means
of preventing the execution of the Stamp act. It was
agreed to send a deputation of five persons, to John
Hughes, the Stamp master, who was confined to bed by
sickness, to request he would resign his office. He rea-

When the committe
made their report, the
with great difficulty,

€ returned to the state house and
citizens were enraged and could,
be prevailed on not to proceed

 

CHAPTER [1765

1765} THE SEVENTH. 201

to violent measures, notwithstanding the committee
represented the stamp master, as at the point of
death. However, yielding to the compassion which
this circumstance excited, they determined on mak-
ing their application in writing and giving their
townsman some time to determine on his reply,
Accordingly, on the Monday following, the commit-
tee, who had again called on him, brought his writ-
ten declaration, that he had not hitherto, taken any
Step, tending to put the late act of parliament into
effect within the province, or in any of the coun-
ties of New Castle, Kent and Sussex, to which his
Commission extended, and that he would not, either
by himself or his deputies, do any thing, that should
have the least tendency to put the act into execu.
tion, unless it was generally carried into effect in
the neighboring colonies. On this, the people qui-
etly dispersed. .

A meant formed of a committee from the dif-
ferent provinces, except those of New Hampshire,
Rhode Island, North Carolina and Georgia, met, ac-
Cording to the recommendation of the house of re-
presentatives of the province of Massachusetts: that
of North Carolina was not represented, the lower
house not having had an opportunity of choosing
members; and, most likely, the absence of gentle-
men from the other provinces, unrepresented, was
Owing to the same cause.

The congress, consisting of twenty-seven mem-
bers, prepared and forwarded addresses to the king
and each of the houses of parliament, and formed
and subscribed an instrument, which they dignified

N. CARO. II. 26

 
 

 

208: CHAPTER «> lives

with the appellation of “a declaration of the rights
and grievances of their constituents,”

In the preamble, the congress stated, that, sin-
cerely devoted, with the warmest sentiments of af-
fection and duty, to the king’s person and govern-
ment and inviolably attached to the actual estab-
lishment of the protestant succession, and, with

minds, deeply impressed by a sense of the present
and impending misfortunes of the British colonies
on the continent, having considered as maturely as
time would permit, the circumstance of the colonies,
they esteemed it their indispensable duty, to makea
humble declaration of their opinions, respecting the
most essential rights and liberties of the colonists
and of the grievances they labored under, by reason
of several late acts of parliament. .
They declared, that the colonists owed allegiance to»
the crown, and all due submission to the two houses of
parliament, and were entitled to all the rights of sub-
jects ‘born within the realm ; that it was essential to the
freedom of a people, to be taxed only with their own con-
sent; that the colonies neither were, nor could, from
their local circumstances, be represented in the British
house of commons, and, consequently, their only repre- .
sentatives were in the colony legislatures ; and, except
by them, no tax had ever been, nor ever could be impo-
sed on them; that supplies being gifts, the commons of
Great Britain could not, constitutionally, grant away the
property of the colonists; that the trial by jury, was
aright of the subject ; that the stamp act, and the other
late acts of parliament, tended to subvert that right; that
the duties lately imposed were grievances, and the pay-

 

208
1765) THE SEVENTH.

ment of them impracticable ; that the profits of the
commerce of the colonies centering in Great Britain,
they, thereby, largely contributed to all supplies ; that
the late parliamentary restrictions, prevented — =e
purchasing the manufactures of Great Britain ; tha t :
prosperity of the colonies depended on the oe
of their rights, and a mutual beneficial intercours i
the mother country; that it was the right of the “ :
to petition king, lords and commons, and spice? Be
the congress, by a loyal and dutiful address to . =
and a humble application to both houses of par agp :
to procure the repeal of the stamp act, and ot ie: *s
stricting trade, and extending the jurisdiction 0
Besse 22d of October, the stamp paper, for the pro-
vince of New York, was received : the same apes
strations of grief and mourning were exhibited on this

occasion, as in the other provinces. Lieutenant sl
nor Colden sent to Mr. M’Ever, to take care o

papers; but he declined having any thing todo with

: they were lodged in Fort George. a
ne the sak week of October, Georze Mercer, distri-

buter of the stamps, for the province of Virginia, landed
at Hampton. He met with some 7 arene sm
i i ition of some influ
the mob, wno, by the interposition
gentlemen, were prevailed on to disperse hn ris i:
i he arrived in ‘Wil-
sequences following. When
tdieteriie: as’he was waking towards the capitol, fer
his way to the governor's, he was accosted by a a
of gentlemen from different parts of the ‘province, mt
general court being then sitting) who insisted rl
immediately satisfying the company, which agi a
stantly increasing, whether he intended to ent

 
 

  

204 CHAPTER

duties of his office, Seeing himself completely sur-
rounded, he answered, that any reply he might then
make would be attributed to fear, and begged to be al-
lowed to wait on the governor and council, in order to
obtain correct information of the sentiments of the col-
ony, and afterwards meet his countrymen and give them
an answer. This seemed to give satisfaction, and he
Was accompanied to the coffee-house, where the gover-
nor, most of the council and a great number of other
gentlemen, were assembled. The crowd, in the mean
while, increased, and growing impatient, insisted on a
more speedy and satisfactory answer, declaring they
would not disperse till it was obtained : upon which,
George Mercer coming forward, and promising a cate.
gorical answer, by five o’clock the next evening : he

met with no further molestation,
At the time appointed, he was met at the capitol by

a vast Concourse of people, among whom were the
Principal merchants in the colony, when a committee,

chosen for the purpose, informed him, he was then to.
look upon himself as in the presence of the colony, and
demanded the answer he had, on the preceding day, pro-.«
mised them. He then addressed the meeting, in a
speech of considerable length, and concluded he would
have been glad, to have had it in his power to have acted
in sucha manner, as would have justified him to his
friends and countrymen, in the province, and to the per-
sons from whom he derived his appointment ; but the
time allowed to-him was so short, that he had not been

able to discover that happy medium. He therefore, en-
treated the gentlemen present, to be referred to his fu-

ture conduct, with this-assurance, that he would: not,
directly or indirectly, by: himself or his deputies, pro.

[1765

  

1765) THE SEVENTH. 206

Ceed in the execution of the act, until he received fur-
ther orders from England, and not then, without the as-
Sent of the general assembly of the province. This de-

- Claration gave so general a satisfaction, that he was im-

Mediately born out of the capitol gate, amid the accla-
Mations of all persons present, and carried to the coffee.
house, where an elegant entertainment was provided.
Qn his arrival, the acclamations redoubled, drums beat,
French horns and other musical instruments sounding.
At night the bells were set a ringing, and the whole town
luminated.

In the despatches of general Conway, the secretary
of state to governor Fanquin, in answer to the commu-
Nication which caused the resolutions, of the 29th of
May, the general observed, that the nature of the thing
induced a persuasiun, that these ill advised resolutions,
Owed their birth to the violence of some individuals,
Who, taking advantage of a thin assembly, so far pre-
Vailed, as to publish their own uninformed opinion to
the world, as the sentiments of the colony : and the
king’s servants persuaded themselves, that, when a full
’ssembly should calmly and maturely deliberate upon
these resolutions, they would see, and be themselves
alarmed at the dangerous tendency and mischievous con-
Sequences, both'to the mother country and the colonies.

In the province of North Carolina, the people, at all
their public meetings, manifested their high approbation
Of the proceedings of the inhabitants of the other pro-
Vinces ; and lieutenant governor Tryon, judging from
the temper of the peoyile that it would be unsafe and
dangerous, to allow them the opportunity of expressing
their feelings, by allowing a session of the legislative
body, in these days of ferment, on the 25th of October,

 
   
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 

206 CHAPTER [1765

issued his proclamation to prorogue the general assem-
bly, which was to have met on the 30th of November, till
the 12th of March, assigning as a reason for this stop,

that there appeared to be no immediate necessity for theif

meeting at that time.

On the 21st of October, the merchants of the city of
New York, came to a resolution, that in all the orders
they should send to Great Britain, for any goods what-
ever, they would direct them not to be shipped, unless
the stamp act was repealed : to countermand all orders
already sent out, except on the above contingency: not
to sell any goods, sent on commission, after the 1st of
January, 1766, except on the same contingency.

- These resolutions were to be binding, until abrogated
at a future general meeting. Two hundred of the prin-
cipal persons in trade subscribed them. In conse-
quence of this, the shop keepers and retailers, subscri-
bed an obligation, not to purchase any goods shipped
from Great Britain, after the first day of January, 1766,
unless the stamp act was repealed,

At Portsmouth, in the province of New Hampshire,
the inhabitants being informed, that Messerne, the
stamp master, intended, notwithstanding a verbal resig-

 

1765} THE SEVENTH. a1

On the Ist of November, the day on which the
Stamp act was to be in operation, the inhabitants of the
city of New-York, observing unusual movements in
the fort, were much displeased and alarmed. In the
evening they assembled in great numbers, and, preceded
by men bearing lighted torches, marched to the fort,
where they broke open the stables and took out lieuten-
ant governor Colden’s carriage, and drove it through
the city in triumph, to the commons, where a gallows
had been erected; and an effigy of the licutenant go-
Vernor, with a label on its breast anda drum on its
back, was hung at one end, and a figure of the devil at

the other. They then marched with the carriage, gal-

"lows and effigies, in grand procession, to the gate of the

fort, and thence to the bowling green, under the muzzle

of the cannons, where all was consumed in a bonfire,

amidst the acclamations of several thousands.
On the next evening, it being reported that the lieu-

tenant governor had qualified as stamp master, the peo-
ple assembled again, determined to march to the fort and

obtain, either a declaration, that he would not distribute
the stamps, or that they should be delivered into their
hands. Lieutenant governor Colden, having received

  
 
 
 
 
  
  

 

| nation of the office, to proceed to the distribution of the ‘Rinhaaisiemabaiihe published a declaration, chat he wnuld | (
I stamps, went to him to the plains, a place at the distance SAGE sr a seid. shee starpuinibaak-Jenvo' it 06 Sir i i |
peti of about two miles from the town, where he had met Hen niion who had lately been appointed governor hi :
i the king’s council, and there judge Warren, one of the iy vou th toact éehe plessed, on his arrival. Still he
1 tal council, administered an oath to him, that he would not “a e preeincer 1 Wie ae oe ae ! ty |
execute his office in any part of the province. This the Goan governor’s house, insisted on the stamps ms

Hi measure, and the assurances, given by the council, that

the stamps would remain unopened, satisfied the peo

being delivered out of the fort, threatening, in case of |
ple, who dispersed quietly. |

his refusal, to go and take them out by force. On this,
Captain Kennedy, of the king’s ship Coventry, was ap-
Plied to, on the part of the lieutenant governor, to re-

>
 

208 CHAPTER [1765

ceive them on board; but he absolutely refused. At
length, after much negotiation, on the 5th, they were de-
livered to the corporation, and lodged in the city hall, to
the great joy of the people, During
which lasted for several days, all the cannons on Copsey
battery, the king’s yard, and all others belonging to
the merchants, were spiked, to prevent the populace
making use of them to obtain the stamps.

On the 7th of November, the merchants and. shop-
Keepers, of the city of Philadelphia,

pretty generally followed throughout the provinces.
During the months of November and December,

days of general thanksgiving and prayer for the success

of the opposition to the stamp act, through the colonies,
were observed in most of the provinces. <S

Towards Christmas, lieutenant governor Tryon re-
ceived a commission of governor, captain general and
commander in chief. This circumstance afforded an
opportunity of preventing an early meeting of the legis-
lative body. This was done by a dissolution of the

this commotion, —

general assembly, by proclamation on the 21st. The’ |

qualification of the chief magistrate, under his new

commission, was laid in this instrument, to make it ne-

cessary that the present assembly should be dissolved.
The governor received, with the testimonial of his

promotion, a circular despatch from general Conway,
in which the secretary, after expressing the great con-_

cern with which government had heard of the distur-

bances in America, expressed his hope, that the want’
of confidence in the justice‘and tenderness of the mother

4765] THE"SEVENTH. 208

Sountry, manifested by the colonies in their open re-
Sistance to her authority, could only have found place
Among the lower and more ignorant part of the people,
and the better and wiser would know, that decency
4nd submission might prevail, not only to redress griev-

®nees, but to obtain’ grace and favor, while the out:

Tage of public violence could expect nothing but severity

4nd chastisement. ‘These sentiments, the governor and

Other servants of the king, were instructed to excite and

€ncourage. They were directed to call on the people,

Not to render their case desperate, and, in the strongest
Colours, to represent to them the dreadful consequences
that must inevitably attend the forcible and violent re-

Sistance to acts of the British parliament, and the scenes
Of calamity among themselves and of mutual weakness
and dissatisfaction to both countries, inseparable from
Such a conduct. The secretary added, that if by lenient
nd persuasive methods, the governors could contribute
to restore peace and tranquility to the provinces over

Which they presided, they would do an acceptable ser-
Vice to their country; but, having taken every step, which
the utmost prudence and lenity could dictate, in com-
Passion to the folly and ignorance of some misguided
People, they ought not to fail, on the other hand, it using
their utmost power for repelling all acts of violence and
Sutrage, and to provide for the maintenance of peace
4nd good order in the province, by such timely exertion
Of force, as the occasion might require. For that pur-
Pose the secretary added, that early application should
be made to general Gage or lord Colville, the comman-
ders in chief of the land and naval forces in North Ame-
Tica,

N. Cano. uN. 27

a ed Simian a =
— = a s eat * a pe rere g
ee ee —— reas
ane a = 2 see = ai

————

SS

 
    

210 CHAPTER [1766

In the latter part of the year, the British empire, on
the American continent, was divided into two districts,
northern and southern, by the river Potomac and adue
west line drawn from the head of that river. A sur’
veyor general was appointed in each district, who was
desired to make several surveys of the coast and rivers,
in order to facilitate the navigation and promote the
speedy settlement of the newly acquired territory.

trict.
At the meeting of parliament, in January, 1766, Wa.
- Pitt, afterwards lord Chatham, expressed his opinion,

that the stamp act be repealed absolutely, totally and
immediately, and the reason for the repeal he assigned
was, because it was founded on an erroneous principle; at
the same time that the sovereign authority of Great Brit-
ain over the colonies be asserted, in as strong terms as
can be devised, and be made to extend to every point of
legislation whatever, that parliament may bind theif
‘trade, .

power, but that of taking their money, out of theif
pockets, without their consent.
Early in the year, the sloop of war, the Diligence, ar-

confine their manufactures and exercise every |
rived in the river Cape Fear, having on board the

Stamp paper, destined for the use of the province, and on
the 6th of January, the governor issued a proclamation,
announcing this circumstance and calling on all persons;
authorized to act as distributors of the stamps, to mak¢
application therefor, to the commander of the sloop:
But on the first notice of the approach of this vessel,
colonel John Ashe, of the county of New Hanover and

colonel Waddle, of the county of Brunswick, having —
embodied the militia of those counties, marched at the

William de Brahm was appointed in the southern dis-

A

aii
1766] THE SEVENTH.

head of them tothe town of Brunswick, before which

she was anchored and notified the commander of their

determination to resist the landing of their stamps. It

Was judged best not to make the attempt. oe —
left to watch the motions of the sloop and t ec o 2“
Small army marched to the town of mre eae
tying with them one of her boats. Having 1x vie
in her with a flag, they hoisted her on a cart a i
triumphantly through es eke ee iu tain
joining in the procession: a oe
nated. On the next day, a great concourse Of p
aes by colonel Ashe, proceeded to the At -
house and demanded to speak with James Hous ; 7
of the council, who had been sag 7
ovince. The governor, ’
ve ee to allow it, unless Houston rb at
willingly: but the people threatened to set —_—
house and proceeded to make pages —
The governor desired the colonel to tors es
with the stamp master, who, finding, that aed
act in his office, without rendering himself obno eee
voluntarily accompanied the colonel to

great concourse of people, pro-
here he took a solemn

s of his office, On
and conducted him

the people,
street’ and, followed by a
ceeded to the market place, wht
cath not to proceed on the dutic
which, the people gave three cheers,

back to the governor’s-
- the latter part of the month of February, there be

eee re
i in the town of Wilmington, t
ing a general muster In t seed fA
Bob with a view to please the militia, caused an :
to be barbecued and had a few barrels of beer unheade

as un-
but the people, displeased with his conden Ce.
teract their opposition to the stamp act, threw

 
  

212

   
  
 
 
 
  
  

CHAPTER

ed ox into the river and

i1766
Spilled the beer on the eround.
This behaviour excited the resent riba
men of ihe sloop of war,

The governor caused the

secution. He was acquitted by the jury. Chagrined

is HN at this disappointment, the ief j
ah, » the governor charged chief
ea tice Berry, who had presided at the trial, with halal
ef il voured the defendant; and, although the chief Justice

» 4S Was Customary for the mem.

» and was received with coldness
Confirmed by this reception, in the idea he had iecseas

;
offender to be apprehended and Save orders for his pro-
:
|
|

THE SEVENTH. @13

1766]

April, the governor, apprehending danger from their
Convening, while the public mind was in irritation, on
the 26th of February prorogued the general assembly to
the 30th of October.

In the month of March, the British parliament yield-
ing to the voice the nation, the stamp act was repeal.
ed.

That the ministry might not seem wanting in their en-
deavors to preserve the authority of the parent country,
With the repe:ling act, another was passed to indemnify
those who, on its account, had incurred penalties, and

the American provinces were required to compensate
the individuals, who had suffered from their obedience to
Sovernment, during the commotions, which the attempt
to carry the act into effect hadexcited. A statute was
also passed for a formal declaration of the supremacy of
the parent state and the dependence of the colonies. ‘The
resolutions, orders and votes of the colonial assemblies
denying this supremacy and dependence, and ‘he power
Of the British parliament to lay taxes in the colonies,
Were declared null and void, illegal, derogatary to the
legislative authority of the mother country and the de-
Pendence of the provinces upon the crown.

On the 13th of June, the governor received a des-
Patch from general Conway, of the 21st of March,
With copies of two acts of parliament; the first for
Securing the due dependency of the colonies on the
Mother country, the other for the repeal of the act of
last session, granting certain stamp duties in America,
€xpressing a hope to have soon to forward a third,
for the indemnity of such persons. as had ineurred the
Penalties impossed by the repealed act.

 

SRE ee

 

=

ee

 
  

     
  
  
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  

214 CHAPTER

[1766

The secretary observed that, the moderation, the for-

bearance andthe unexampled lenity and tenderness of

parliament towards the colonies, which were so signally
displayed in those acts, could but dispose the pro-
vince, committed to the governor’s care, to a return
of cheerful obedience to the laws and legislative author-
ity of Great Britain, and to those sentiments of respect-
ful gratitude to the mother country, which were natural,
and which the secretary expected would be the entire
effect of so much grace and condescension, so recently
manifested on the part of his majesty’s parliament.

He added, that the future happiness and prosperity
of the colonies would very much depend on the testi-
monies they would give of these dispositions; for, as a
dutiful and affectionate return for these peculiar proofs of
indulgence and affection, might, at this great crisis, be a
means of fixing the mutual interest and melioration of
Great Britain and her colonies on the most firm founda-
tion; it could not but appear visible, that thé coolness or
unthankfulness, the least: murmuring or dissatisfaction
on any ground whatever, too much heat or too much
prevailing prejudice, might totally endanger the union,
and give the most severe and affecting blow to the fu-
ture interests of both countries.

He said that, so full of true magnanimity “were the
sentiments of the king and of parliament, so free from the
smallest colour of passion or prejudice, that they seem-
ed disposed not only to forgive, but to forget those ve-
ry unjustifiable marks of an undutiful disposition, too
frequent in the late transactions of the colonies; and
consequently a revision of the late American trade
laws was to be the immediate object of the attention
of parliament, so as to give to the trade and interest of

+——

THE SEVENTH. 215

1766]

the colonies every relief which the true state of their
circumstances demanded or admitted.

He added, that nothing would tend more effectually
to every conciliatory purpose, and there was nothing
which he had in command more earnestly to request
from the governor, than that he would exert himself
in recommeding it strongly to the assembly, that a
full and ample compensation be made to those who from
the madness of the people had suffered for their obedience
to acts of the British legislature, and to request that
the governor might be particularly attentive that such
persons be effectually secured from any further in-
sult, and that he should take care, by his example and
influence, that they might be treated with that respect to
their persons, and that justice in regard to all their pre-
tentions, which their merits and sufferings claimed.

In performance of the directions of the minister, on
the governor’s report of the disturbances in the county
of Granville, which now began to spread into those of
Orange and Anson, a proclamation was issued, in the
king’s name, on the 25th of June, stating that great com-
plaints had been received, and exorbitant fees were
demanded in several offices in the province, to the great
dishonor of the king’s services and the prejudice of his
Subjects, strictly charging all public officers whatever,
to restrain themselves to the fees authorized by law,
and the same day, the governor, by proclamation, an-
nounced the repeal of the stamp act, expressing his hope
that the inhabitants of the province would return to 4
cheerful obedience to the legislative authority of Great
Britain, on which the future prosperity of the colonies

greatly depended.

 
  
 
  
  
  
  
  
 
  
 
  
  
  
 
 
 
  
  
  
 
  
  
   
 
 
  
  
  
  
  
  
  
 
 
  
 
  

On the 26th of June, the mayor, recorder and alder-
men of Wilmington, presented an address to governor
Tryon, congratulating him on the repeal of the stamp
act and on, the happy prospect of the union and har-
mony, thereby established between the colonies and the

mother country. They expressed their most respect-

CHAPTER, [1766 |
;

ful acknowledgments to the supreme legislature of
Great Britain for their care and attention in protecting
the inhabitants of his majesty’s extensive American do-

minions, in the enjoyment of that inestimable
liberty, and releasing them from a
able to bear,

The address concluded by expressing great concern,
on the many misrepresentations that had been made to
the governor of the transactions of the inhabitants of
Wilmington and several of the adjacent counties, since
the arrival of the stamps.
The governor expressed himself at a loss how to
answer the latter part of the address, and declared that
the impression, he had received of the conduct of the
inhabitants of the borough, arose from a behaviour that
came, immediately, under his own observation.

This produced a letter from the mayor, John De
Rosset and_ several gentlemen of the borough, nine-

teen in number, who expressed the extreme sorrow
they felt at some expressions in the §overnor’s answer,

which might be construed to charge the borough, with
some marks of intentional disrespect, which they dis-
claimed, and should sincerely condemn, as inconsistent
with the dutiful affection towards the king’s represen-
tative, which they should always cultivate, with the

grateful return of sentiment which his personal merit
justly claimed.

blessing,
burden they were un-

, 4 17
1766] THE SEVENTH. 2

‘iy
They concluded that if, oppressed by the late act, |
Some commotions of the country seemed to threaten a

” i)
departure from moderation, the governor, they hoped,

Would not impute those transactions to any other motive,
than a conviction that moderation ceases to be a virtue,
when the liberty of the British subject is in
but the greater the danger was, the more reason -
had to applaud the honest justice of the British parlia-

the melancholy dilemma to which they were reduced.

The governor replied, that, as this letter had removed
those aspersions, he felt they had thrown on his character {
in the late address, he was now willing to forget every
impropriety of conduct, any of the subscribers and the
town of Wilmington had shown personally towards him,
in the ommotion. © 5
in ee session of the court of the county of Or- i |
ange, in the month of August, a number of ——- ul
came into the court house and presented to the justices i
a paper which they directed the clerk to read. It stated, ‘i
that “great good might come out of the great designed i,
evil, the stamp law, and that, whilst the sons of freedom a
Withstood the lords of parliament, in bebalf of true liber- ;
ty, the officers under them ought not carry on an unjust i
oppression in the province; that in order thereto, as i
there were many evils complained of in the county of |
Orange, they ought to be redressed, and, if there pre = |
None, jealousy ought to be removed from the a : | Hl
the people.” ‘The writer then proposed east ae f
Should be a meeting of the people, in each captain ei |

r the purpose of appointing one or more

oc a abs meeting on the Monday age ,
Next court of the county, at a suitable place, where there

N. CARO. II. 28

Ment, whose prudent resolutions had relieved them from |

 
 

 

 

   

CHAPTER [W766

should be no liquor; in order judiciously to enquire
whether the freemen of the county labored under any
abuse of power, that the opinion of the deputies should
be committed to writing, freely conversed upon. and
measures taken for amendment.”

The proposition was deemed reasonable and a gen-
eral meeting was directed to be held on the 10th of Oc-
tober at Maddock’s mills.

On the 20th of August, the company on Deep river,
after having appointed their deputies, entered into a res-
olution, ‘that the representatives of the county in the
general assembly, vestrymen, sheriff and other officers
be requested to attend the meeting at Maddock’s mill to
afford them all the information in their power, as they
valued the good will of every honest freeholder, and the
executing of a public office pleasant and delightsome.””

On the 10th of October, delegates from the different
captains’ companies met at the mill; but none of the offi-

cers of the county attended. Towards the evening,

James Watson, one of the representatives in the general
assembly, appeared: he brought a message from Ed-
mund Fanning, his colleague, by which he informed
the meeting, “it had been his intention of attending
them, till a day or two ago, when he observed in the
hotice from the meeting at Deep river, the word judi-
ciously, which signified the authority of a court,
concluding, after some other objection, particularly on
the impropriety of the place, he considered their assem-
blage as an insurrection.”

~ The meeting then came to a resolution, expressive of
the advantage that would accrue to the county, if the
representatives, vestrymen, chureh wardens, sheriff and
other oflicers would yearly attend the delegates, chosen by

1766] THE SEVENTH. 219

the people, in different sections of the country, in order
to make themselves acquainted with the wishes and opin-
ions of the pecple, in matters of weight and importance;
lamenting, that one of the representatives only, had at-
tended, and concluding, that if they were inclined to con.
fer with the delegates chosen, they would be attended on,

at any place and time they might desire. :
A subscription was set on foot, and fifty pounds were

Collected for defraying the expenses of such suits, as It
might be necessary to bring, for the purpose of redress-
ing the grievances of the people.,
“The oe legislative body began its first session,
at Newbern, on the 3d day of November. In ad-
dressing the houses, the governor attributed the
long chasm in the proceedings of the legislature, to
many evident reasons; none of which, he chose par-
ticularly to state. He laid before them, the late
acts of the British parliament, which related to the
colonies, and the votes of the house of commons, on
the proceedings of the colonial assemblies, on the
subject of the stamp act: he expressed his hope,
that the moderation and paternal care of the king
and the unbounded lenity of parliament, signally dis-
played in those acts, would dispose nena?
of the province to a most cheerful obedience rm) ,
legislative authority of Great Britain, and to - |
ments of the most respectful gratitude: he added,
he was authorized to say, that so truly megrennae
were the sentiments of the king and parliament, an
so free from the smallest spark of passion or prej¥
dice,thatthey appeared disposed, not only to —*
ut to forget the marks of an undutiful dispos'10?

 

|

 
  

 

 

220

 

the late distractions he had witnessed; he drew the
attention of the legislature to the inadequacy of the
emoluments of sheriffs and the disproportion be-
tween them and the services they were expected
to render, and recommended to their consideration

the state of the public funds, and that some mode -

might be devised to obtain, from the treasurers,
accounts, specifying the receipts and ex penditures
for the ordinary and contingent services, the balan-
ces in their hands and a statement of those, due
from the collectors of public moneys; that order and
certainty might be introduceé into the fiscal depart-
ment and an injustice prevented to some counties,
which were compelled to share the deficiencies of
others, in which taxes were but partially collected
or accounted for.

He informed then, that their resolution for the es-
tablishment of Fort Johnson, having expired, he had
ordered a continuance of the establishment, and
Some necessary repairs to the work, upon the credit
of the province: the artillery and stores, being too
valuable not to claim attention; he advised an ine
crease of the establishment.

‘Me observed, that the court system had, on experi-
ence, proved a valuable one, and seemed to want noth-

ing but a greater degree of permanency and handsome
salaries to the associate justices,

The lower house replied, they were truly sorry, that
any reason whatever should have prevented him from

CHAPTER [1766

manifested in the late transactions of the colonies.
Animated by these glorious sentiments, he was hap-
PY to follow examples so shining, in regard to

;

|

(

921
1766] THE SEVENTH.

Meeting’ the legislature sooner; the alarming tendency
of the stamp act and the reproachful terms of rioters and

rebels, which had been liberally bestowed = he King’s
faithful American subjects, rendering It, 1n their opinion,

highly expedient, that the house should have been con-
vened sooner. In times of public calamity and dis-

tress, when the loyalty and attachment of a whole =
vince, to the king’s person and government, were s
tioned, no measure could be more particularly necessary
to its honor and interest, than to afford it the opportunity
of testifying its duty and allegiance to the pee ea
ploring a redress of the grievances, with which it wa
sed.

They iad acknowledged the tender and paternal

care of the king and the wisdom and justice of parlia-
ment, to which they attributed the repeal of the stamp

act, a measure which had restored peace and tranquility
to the continent, and effectually secured its warmest
ion to the mother country.

ie assured the governor, that they would ne
it a great happiness to have it in their power to concu

with their sister colonies, in testifying an inviolable 2
tachment to the person of their sovereign and 7 sgt
dutiful dependence on his government; but t y on _
was the peculiar misfortune of the province o aa
Carolina, to be deprived of those means to = ich i
had an unquestionable right, and which the ot ‘i a
Vinces peaceably enjoyed, of making known their du
dispositions; and, if they were wanting in the —
suffrage, they hoped censure would fall on those “5
indiscretion was the cause of it. They observed, a

in every other part of the king’s American —,
Where the constitution was similar to that of P

 

 
    

 

229 CHAPTER: - [1766

vince, the representatives of the people enjoyed the priv-

ilege of naming an agent, to represent their loyalty to’

the king and to implore his protection:, the concurrence
of the other two branches of the legislature being con-
sidered as necessary only to give a sanction to the nom:
ination; a privilege which, with that of naming the
treasurers by the people of the province, was deemed,
by the members of the king’s council, a circumstance
which they greatly feared, might be followed by conse-
quences fatal to public tranquility, They expressed a
hope, that the governor would exert every practicable

endeavor to restore the people to their rights and privi-
leges in this respect.

They expressed their deep concern to hear the colo.
nies charged with marks of an undutiful disposition and _
persuaded themselves, that the conduct ef the colonies
and the province, had been influenced by nothing but

their loyalty to the king, their attachment to the consti-
tion and tender regard for the liberty it was made to se-
cure, and that their conduct would have been viewed
in this light, had not those who were strangers to the true
interest of Great Britain and her colonies, ingenuously
represented it, in England, as resulting from disaffection

to the crown and a desire of independence on the mother
country

They declared they had nothing more at heart than
to see the seat of justice and every office in the province
filled with able men: for such, they had ever been ready
to provide adequate salaries; but, for the present, they
were fearful the Scarcity of currency and the heavy taxes
with which their constituents were burdened, would

put it out of their power to make that provision which
was recommended to them,

/

 

23
1766} THE SEVENTH. 2

_ The governor replied, he would forbear entering into
all the parts of their address, lest he should be thought to
deviate from the principles of gencrosity he had profess-
€d to pattern from the king and parliament. He declar-
ed himself an utter stranger to the reproachful and de-

testable appellation of rebels, which was said to have been -

liberally given to the king’s subjects on the One
and the ingenuous oo Salma made in England,
i e house referred.

° ws tiered: that the irregularity in the choice of an
agent, for the administration of the affairs of the el
had long been a matter of complaint and difficulty, ve
in the province and-in England; and, although he cou

Not agree with the house that the appointment of the two

other branches of the legislature was merely by way of
Sanction, with the view of manifesting his desire to pre-

Serve the tranquility of the province, until the king’s
Pleasure in this respect was known, he would be say
Teady to concur with the houses in the appointment
an agent and treasurer, and he trusted the council wou

act with the same liberality. He added, he could wish
the province, and the house in particular, might con-
Consider him as their agent, in every laudable action or
beneficial measure, which circumstances required or
Prrectattt house took into consideration the address
Of the lower house to the governor, and voted, that the

assertion, that the want ofa treasurer and agent, was ow-

ing to the indiscretion of the upper house, was indecent.

Unjustifiable, and highly derogatory of the honor of the
house.

That the approbation of the upper house, to 4 oa
hy agent, was necessary and proper; but that the fai.
 

224 CHAPTER [1766

lure of the late agent bill, was owing to the refusal of al-,
lowing the upper house its proper weight and influ-

ence, in the committee of correspondence.

They asserted their right to the nomination and ap-

pointment of treasurers.
When sitting at the council board, the members ex-

pressed their opinion, that the eharges in the address of

the lower house, relating to the governor’s conduct,
were altogether indecent, without foundation, and. un-
merited; and that the governor, in his answer, had con-

ducted bimself with great propriety, and the coolest
dictates of moderation.

A bill being introduced, for the appointment of a trea-
surer for the southern district, the upper house substi-
tuted the name of one of their members (L. H. de Ros-
~ Set) for that of the former speaker of the lower house,
John Ashe, who had been nominated there. When the

bill returned, the lower house reinstated the latter name:
the upper house insisted on their amendment, observing,
that their passing of the bill as it was sent up, might be
considered as a relinquishment of the joint right of nomi-
nation: the lower house replied, they could not consent to
the proposal, neither could they recede from the opi-
nion, that the right of nominating the treasurer was in
them; but they were willing that the passage of the bill,
should not be considered, as a precedent invalidating
the claim of the upper house, if they had any: the up-.
per house replied, that as the sole right of nomination,
was insisted on in the late message, they could not re-.
cede; but proposed to pass the bill, if the lower house

would agree to consider the nomination as joint; but,

on the lower house praying that this point of modern
controversy, might be left to be disputed at some future

V787] THE SEVENTH. 225

Period, when there should be greater need of, and
Stronger inclination to debate between the houses, on
questions of privilege: the upper house answered, that, |
as their right of nomination was not denied, and it was.
conceded the step would not be drawn into PS th
they would pass the bill, with a view of testifying their
desire to advance the public good, got harmony

. tanding between the houses.
ae ta joined in an address to the king, on
the repeal of the stamp act. This paper — Mt ms
ting, that the very considerable part which the ing
American subjects had taken in the late transactions, ;
made it necessary, they should take the earliest ppste
tunity of manifesting their unshaken loyalty, and ma ng
every return of duty and gratitude, for the paterna
goodness which had relieved them; they begged leave,
to assure him, that, in the time of their utmost a
hensions, their breasts were filled with the purest -
timents of love, and loyalty for the best of kings; ao ?
had they ever doubted, that his tender care over all his
Subjects, would, as soon as their grievances were angio
relieve them from a burden too heavy to eis ‘ ey
added, it was the glory and happiness of the Pepe . af
the province, to look upon themselves as a ri ae
British empire, and, as such, to testily and ackno rich
upon all occasions, not only the, love and duty © :
hearts, to. the king’s person, family and government,
but, offer their cordial and natural attachment to the
mother country; and they doubted not, but the i
and justice with which the parliament had of late, ass!

i 5 nly in
ted the king in his most gracious purposes, not Os
relieving his American subjects, from their Jate un

i ; and
PY situation, but in opening new channels of trade a
N. CARO. II. 29

 

 

 
 

 

226 CHAPTER [iter

commerce, would produce in them, every proper sen-
timent of love and gratitude.

A sum of one hundred and thirty-three pounds, six
shillings and eight pence, was appropriated to the sup-
port of the pos: office establishment.

At the recommendation of the governor, ’on the ap-"
plication of the Cherokee nation of Indians, an appropri-
ation was made for running a dividing line, between the
western settlements of the province and their hunting
grounds; and the governor was authorized to appoint
three commissioners for that purpose. Five thousand
pounds were appropriated, for building a house for the
residence of the governor: the sum was to be borrowed
out of the moneys hithérto appropriated, for providing

. public school houses and glebes, and a poll tax and

duty on liquors were imposed.

The Presbyterian clergy increasing, especially in the
western parts of the province, were authorized to cel-
ebrate the rites of matrimony. The trustees of the
Newbern academy were incorporated. This is the first
instance of this. kind of legislative patronage, which oc-
curs in the statute book. The navigation of the river
Neuse appearing insufficient for vessels of great burden,
on account of the small depth of water, through the
swash, leading from Ocracock bar-into the sound, and
the inlet of Old Topsail being very safe and navigable,
for vessels of great burden, leading to a safe and com-

_Modious harbor, an attempt was made to cut a canal

from Clubfoot to Harlowe creek, whereby, the navi-
gation of Neuse river and Old Topsail inlet might
be joined; and an act was passed, appointing commis-
Sioners to receive subscriptions and cut the canal. The
facility of attaining the desired object, if proper means

4767]

Were adopted, has n
several laws have since
taken to accomplish it, after a pet
Century, the measure has not yet ripene

THE SEVENTH. 227

ever been questioned; yet, though
been passed, and some trouble

period of nearly half a
d into effect. _

The lease, granted by the Tuscarora chiefs, to pe
Jones, William Williams and Thomas Pugh, vidi
the scant did. not receive the sanction of the legis-

lature.
ae men were allowed for the garrison of Fort John-

we a Carver, of Connecticut, left Boston in way
with the view of exploring the most interior par ae
America, and-even of penetrating to the a sleg a 4
over the broad face of the continent, which hes righ
the forty-second and forty-sixth degrees of nor ps
tude. As the English had come into possession ©

; Canada, he hoped to ren-
territgry, by the conquest of Canada, he |

der the acquisition more profitable to his country, whilst
er acq

atified his taste for adventures.
* os the rise of the legislature, governor Tryon lost

j ~ ty into effect, his darling scheme of
baie agile had exerted all his inlucgse “4
obtain the passage of the bill, and the nies 4 iy 4
king’s council had ir — ° ag da

i in their legislative capacity-
os psy son by many, to have laid the ie iat 8
the series of disorders and commotions, whic pepe
nated in the battle of the Alamance. ae i ot i
thousand pounds was above the means 4 * pr ing
in its infant and impoverished state; and t ” 8° 2
was intrusted, solely, with the disposition Dae
The trust proved fatal to the interest of the stig ith .
to the reputation of the trustee. It was

 
 

298 CHAPTER (1767

gratify his vanity at the expense of both. It afforded
him an opportunity of leaving behind, an elegant monu-
ment of his taste in building, and giving the minister an

instance of his great influence and address, in his new
government. The temptation was not resisted; and
to the plan of a governor’s house, was substituted for
that of a palace, worthy the residence of a prince of the
blood. The purchase of the ground and the erection of
the foundation, absorbed the sum which the legislature
had been pleased to bestow, which was an ample appro-
priation for the completion of the building.

The marks of an approaching disorder in the political
body, became apparent in the open refusal of a number
of individuals to pay the tax which had been laid for des
fraying the expenses of rearing so costly an edifice; the
disturbances, which had hitherto been confined to the

counties of Orange and Granville, had spread intg those
of Anson, Bladen and Mecklenburg.

Another circumstance contributed, in the su miner, to
fan the coals of distraction into a flame.

In a colony without money, and among a people al-
most desperate with distress, public profusion should
have been carefully avoided; but unfortunately for the
province, governor Tryon had been bred a soldier, and

had an acquired, as well as a natural fondness for military
parade ; the legislature had instructed. him to run the

boundary line between the hunting grounds of the Che-
rokees and the back settlements of the province, about
ninety miles in length; this little service afforded him an

opportunity of displaying his military talents, and making
a splendid exhibition of himself to the Indians ; it was

not neglected. He marched to perform it, in'a time of
Profound peace, at the head of a company of militia, ia

1767| THE SEVENTH. * 999

all the pomp of war, and returned with the honorable title,
conferred on him by the Cherokees, of the Great Wolf
of North Carolina. The marking of a few trees, and
the acquisition to the governor of the title, perhaps pro-
phetic, caused an increase of taxes, which the province

was not well able to bear.
The legislature met at Newbern, the fifth of Decem-

ber; the governor, in his address, spoke of the approba-
tion and acknowledgments due to the good conduct and
regular behaviour, both of the officers and soldiers that
had formed his escort, asa victorious general, and to the
bravery of those who gained him laurels ; he men-
tioned the Cherokees’ faithful conduct, in the strict ful-
filment of their engagements at the treaty at Augusta,
and his belief-that he had left them in so good a disposi-
tion towards the inhabitants of the province, that by ex-
periencing a continuance of encouragement and protec-
tion from the legislature, they would not only show them-
selves fast friends in any future Indian war, but also bring
a great part of their trade into the province. He laid
before the houses a plan of what he called the edifice,
which soon with propriety received the appellation of
the palace, and the estimate of the future charges of its
construction, and pressed them to make at once an ade-
quate appropriation, to prevent the disadvantages that
must arise from a deficiency of materials, and the neces-
sity of soon discharging the present artificers and work.
men, whose skill and diligence might not easily be re-
placed; circumstances which he represented as likely not
only to stop the present undertaking, but to create an
additional expense to the country, when resumed.

The court laws which had been passed in the year
1762 and continued in 1764, being about to expire, the

 

 

 
 

280 CHAPTER [1767

governor observed, that the system in use had proved
highly beneficial, and recommended that a greater degree
of permanency might be granted, and that it might be
improved by the addition of handsome salaries to the
- assistant justices.

He bewailed the large quantity of counterfeited bills
that were in circulation, evidently depreciating the small
remainder of the present currency ; he recommended to
the attention of the house the establishment of Fort
Johnston, and that a small tonnage duty, chargeable in
powder and lead, might be imposed; he urged the ne-
cessity of making, as well the public funds as the em-
bezzlements and irregularities practised by several col-
lectors of the public revenue for some time past, a prin-
cipal object of enquiry ; he thought no provision, in this
respect, would be found effectual, as long as a jealousy
existed of the chief magistrate’s being particularly in»
formed of the receipts and disbursements of public

t

moneys. Sy rd

In examining the estimate laid before them, of the
probable costs of the palace, the house found them-
selves placed in the unpleasant alternative of grant-
ing ten thousand pounds more, or sinking the five
thousand granted at the last session; the governor was
successful in his strenuous endeavors to induce them to
adopt the former, perhaps contrary to the sense of their
constituents, and the imposition on a people, who, from
poverty, were hardly able to bear the necessary expenses
of government, tended in a great degree to raise the ge-
neral discontent to sucha pitch, that it matured into a
civil war. bs.

A new court system was adopted; the province was
divided into five judicial districts, a new one, called

1767] THE SEVENTH. Q31

Hillsborough district, being erected ; in each was esta-

blished a court, held by the chief justice and two asso-

Ciates, which was denominated the superior court of
justice ; the associate justices were to be appointed by

the governor, and had an allowance of about five hun-

dred pounds per annum, for the payment of which a tax

Was laid on law suits and carriages; jurisdiction of
all civil causes of the value of twenty pounds, when the

Parties resided in the: same, and ten pounds, when in dif-

ferent districts, was given to the superior court, and

Criminal jurisdiction in all cases, The act was made
temporary, and to be in force during five years. The
County court law was, with some trifling alteration, con-

tinued for the same period of time.

Richard Henderson and Maurice Moore were ap-
pointed associate justices.

A road was directed to be laid off from the wes-
tern frontier of the province to the town of Bruns-
Wick, near the sea shore, and a town was establish.
€d on the south side of Cashie river, in the county
of Bertie, to which the name of Windsor was given.

The house petitioned the king to allow the gov-
ernor ty give his assent to an act for an emission of
Paper money.

Parliament passed a statute for establishing a
Custom bouse and board of commissioners in Ameri-
Ca, John Temple and James Robinson, who were
already on the continent, and Henry Hutton, Wil-
liam Burch and Charles Paxton, who arrived soon
after, were to compose it.. The duties were to be
Collected after the 20th of November: the colonies
believing, that this board was appointed to enforce
the new duties, were again inflamed and pronounc-

 
 

 

232 CHAPTER , (1767

ed the appointment unconstitutional and. oppressive.
The discussions, occasioned by the stamp act, had
at once convinced the colonists of their exemption
from parliamentary taxation, and excited their jea-
lousy of the designs of Great Britain. This new
occasion brought forth additional essays on colonial
rights, and now were written the celebrated “letters

from a farmer of Pennsylvania, to the inhabitants of |

the British colonies,” which had a rapid and exten-
sive circulation through North America: they de-
Jmonstrated the danger of a small tax, as establishing
a bad precedent.

In the spring a new association was formed, on
the west side of Haw river, in the county of Or-
ange,and a paper subscribed, entitled “the request of
the inhabitants of the west side of Haw river. to the
assemblymen and vestrymen of the county of Or-
ange.” After noticing in the preamble, the ill suc-
cess of the meeting at Maddock’s mill, it was stated,
that the subscribers found themselves obliged to

seek redress, by paying no more taxes till they had

a settlement for what was paid, and some regula-
tions were entered into, providing against future pe-
culation. They desired to be indulged with a gen-
eral meeting at the court house, on some day, previ-
ous to the meeting of the next court.

Articles of association were entered into, by

which the subseribers bound themselves to each
other, not to pay any more taxes, till they could be
satisfied of the proper application of their money, t?
resist the exaction of illegal contributions and to beat
open testimony against acts of extortion practiced

bd

1768] _ THE SEVENTH. 233

by the officers of the county; to attend all meetings
and conferences for the purpose of instructing their
representatives and petitioning the governor, coun-
cil and assembly, or the king and parliament, for
the redress of their grievances; to contribute, ac-
cording to their abilities, to collections to be made
for the purpose of carrying on the design of the as-
sociation. The individuals present, added the
sanction of an oath to that of their signatures. They
were afterwards joined by the inhabitants of Sandy
creek and all those who had attended the meeting

at Maddock’s mill. 3
Hitherto the persons who had taken part in those

popular proceedings, were designated by the appel-
lation of the mob, and seemed to have adopted it
‘themselves: at their next meeting, on the 4th of
April, they changed it to that of regulators. They
made choice of two persons who were directed to
call on the two late sheriffs and the vestrymen and
desire themto meet twelve deputies from the general
meeting, on the Tuesday after the next county court

and produce to them their accounts.
Before those two men could attend to the service

required of them, some of the sheriff’s officers, either
to try the temper vf, or exasperate the populace,
took, by way of distress, a mare, saddle and bri-
dle, for one levy, and carried them to Hillsborough;
they were followed by a party of sixty or seventy
Men, who rescued the mare; then, marching to the
house of Edward Fanning, an attorney and one of
the representatives of the county, they fired a few

N. CARO. 11. 30

 

 
 

234 CHAPTER [1768

shots at the roof of it, to give him to understand,

they considered him, the principal cause of the dis-
turbance.

The minister of the parish undertook to perform
the services which had been allotted to two of their
body, and soon after brought for answer, that the
sheriffs and vestrymen would attend, as requested, on

the 20th of May. The regulators, in pursuance of |

this information, met on the 30th of April and twelve
deputies were chosen. In the meanwhile, before
the day appointed for the meeting, the governor
having had information of the disturbances, sent
David Edwards witha proclamation, summoning the
regulators to disperse, and calling on the officers
of the province to assist the sheriff in quelling
the insurrection. Although, after their late meet-
ings, the regulators had quietly. returned to their
respective abodes, the sheriff of Orange county
took with him a party of thirty horsemen, well arm-
ed, and riding through the county to the distance of
about fifty miles, took two of the principal regula-
tors, Herman Husband and William Hunter, whom
he brought.to Hillsborough and confined in jail.
These men were, however, shortly after released
on bail. The regulators, hearing of the capture of
two of their chiefs, gathered into large parties, in
different parts of the county, and marched to Hills-
borough. On the 3d of May, their number amount-
ing to upwards of seven hundred, they took their
stand at a short distance from town, and were join-
ed by Herman Husband and Willidm Hunter;

      

4768] ‘THE SEVENTH. 935

Isaac Edwards, who had not yet returned, rode on
towards them; after reading the governor’s procla-
mation, he informed them, that he had command,
if the regulators continued embodied while he was
up, to go to, and assure, them, on behalf of the go-
vernor, that on application to him, he would re-
dress their grievances and protect them from the
extortion and oppression of any officer, provided they
would disperse and go home: the multitude cried
out, agreed, agreed, and soon after separated.

On the 21st of May, the regulators held another
general meeting and appointed a committee to wait
on the governor, and lay their grievances before him.
On this occasion, a short address was drawn up, in
which they made solemn professions of loyalty to
the king and strong attachment to the government,
established in the province, and the committee
were directed to implore, in the most submissive

manner, the forgiveness of the governor for any
error of theirs, which might be construed to dero-

gate fram the honor of the king’s crown, or tend to
the obstruction of the peace and good order of
Sovernment.

For the information of the governor, the commit-
tee were furnished with copies of the proceedings,
at the different meetings, which had been held.

An association having been also formed in the coun-
ty of Anson, on the same principles as that in the coun-
ty of Orange, a communication was received at this
TMeeting, from the regulators in the former county, 7.
ing their co-operation in such measures as would

Judged proper to be adopted, in order to procure relief,

 
236 _ CHAPTER [1768

and praying information, as to the manner, in which the
proceedings of the regulators had been carried on in the
latter county.» A committee was appointed to returna
suitable answer and supply the desired information.

In the latter part of the month of June, James Hunter
and Rednap Howell, two of the regulators, on behalf of
the committee, waited on governor Tryon, at Bruns-
wick, with the address of the general meeting, and the
copies of the proceedings at that, and all preceding
meetings. ‘These papers were laid before the council,

and, in pursuance of the advice of that body, he answered,
that the grievances, of which the regulators were com-
plaining, did not, by any means, warrant the measures
to which they had resorted: measures, which, he obser-

ved, if they had been carried but a little farther, would

1768]

to be made acquainte
termination, they had expresse

THE SEVENTH. 237

d, that, in consideration of the de-
d of abiding his determi-

cos F a ae
Nation in council, it was the. unanimous advice he

board, that they should, henceforward, desist from any
further meetings, that all titles of regulators or associa-

tors, should cease among them; that the sheriffs or other

Officers of government should be permitted, without
of their respective of-

Molestation, to execute the duties

fices; and that all breaches of the peace, or other offences
against the government, should be proceeded 7
and determined by due course of law only. He added,
a strict adherence to these directions, that
any act of future clemency, on his part, might be looked
for; that, always willing to listen to the voice of distress,
he should ever be found ready to remove any hardships

it was only by

the king’s subjects might be under; that he would di-

rect the attorney general to prosecute every officer, who

had been guilty of mal-practice oF extortion, on infor-

mation being lodged by the person injured that, early
in the next month, he would proceed to Hillsborough,
and, on his arrival, issue a proclamation, forbidding so

dishonorable and shameful practices-
ae having, as yet, proceeded . we an
great excess, two of their chiefs having been ake 4
bound over, and the rabble being now quietly dispersec E
the governor was blamed by many considerate re “é
the province, for the early part he took in these ; istur-
bances: they thought, as the offences committe ~—
properly punishable, within the limits of law, and as : )
offenders were accountable to legal process, all that .
duty could possibly require of him, on this ey 2a
if it required any thing at all, was to direct prosecu

have been denominated, and must have been treated as
high treason, and involved the abettors of them and theif
families, in ruin and destruction, while they were endea-
voring to extricate themselves from evils, within the
remedy of the laws;. that these calamities were now,
he trusted, averted by his timely proclamation, and theif
own prudent determination, to petition for the redress
of their grievances; that the decent behaviour of colonel
Fanning, and the officers and men under his command,
would entitle them to the entire approbation of the go--
vernor and council, and would ever be acknowledged
with praise, by every unprejudiced man, and wellwishef
of the province. He wished all those, whose under-
standings had been run away with, or whose passions
had been led into captivity, by evil designing men, who,
actuated by cowardice, and a sense of the justice due to
their crimes, had secreted themselves from public views

 

 
    

 

as CHAPTER. [1768

against the offenders, and. he ought carefully to have
avoided becoming a party in the dispute. While, by
enlisting himself a volunteer in this service and enter-
ing into a negotiation with the regulators, he came down
to their level, and gave dignity to their emissaries.

Having directed the members of the council to meet
at Hillsborough, early in the month of August, he pro-
ceeded to that town, which he reached in the first days
of July.

On his arrival, he issued the proclamation which he
had promised. The whole month of July elapsed,
without his hearing any thing of the regulators. At
length, these people however, animated by his presence
in their neighborhood, resumed their former practice of
gathering in numbers, enlisting men, training them to
arms and holding up a determination of obstructing the
execution of the laws, He directed Tyree Harris, the
sheriff of Qrange, to attend at one of the meetings of the
regulators, in order to claim the public tax, and endea-
vor to dispose the people cheerfully to pay it, and sub-
mit to the laws. The sheriff was made the bearer of a
letter, informing the persons to whom he was sent, that
the governor had, according to his promise, come upto
Hillsborough, issued his proclamation, and given strict
charge to the attorney general, to commence prosecu-

to collect the public, county and
poor taxes, for the preceding year, expressing his full
confidence, that, according to the directions of his letter
to them, from Brunswick, and, in justice to their engage-
ment, to submit to his decision in council; they would

1768) THE SEVENTH. 239

i hat no obsta-
Make it a matter of honor and Conscience, t
Cle should be put to the discharge of the duty, which
the sheriff called upon them to fulfil, in obedience to the
laws of their country.

The sheriff, however, returned without having oe
lected any part of the taxes, the regulators unanimously
bid him retire, and threatened to take his life, if he pro-

Ceeded to distrain.
pay days after, the regulators sent two deputies to

the governor, at Hillsborough, with an answer to ie
letter, framed at one of their meetings. The or

it was to complain, that their application had not been
Submitted toa full board, to treat of the insufficiency of the
Sovernor’s late proclamation, and to express their inten-
tion of applying for redress to the legislature, at their

Next meeting.
The governor answered the deputies, that, as he

il shortly, he would
expected a meeting of the counci ;
tiy the communication they had brought, before them,
and would apprise them in time of the result of their

deliberation.
ne ‘he TRE, at night, information was brought at

Hillsborough that a large body of the regulators, ne
to consist of upwards of one thousand men, bi under
arms in the vicinity of the town, with hostile ee
tions against it. ‘The nearest companies of mi “4
Were called in, but it soon appeared, that the regula-
tors had embodied themselves on the false alarm of

4n intention to attack them, and had returned to their
respective abodes. Before the militia were a
the governor caused an oath to be administered ‘
them “with hearts and hands, life and goods, to main-

 

 
ye | CHAPTER [1768

tain and defend the king’s government in the province,
against all persons whatever;‘who should attempt t0
obstruct or prevent the due administration of the laws,
or the public peace or tranquility.” Upwards of fout
hundred officers and men took the oath with alac-
rity. ;
On the meeting of the council, the governor laid
before them the last message from the regulators, and
with the advice of the board, replied, that he had en-
tertained every reasonable expectation that his lettet
from Brunswick would not only have given them the
most cordial satisfaction, but prompted them with the
most ardent zeal to have immediately subscribed to

the directions it contained in conformity to the reso

lution, declared in their address, and it was with siir
cere regret he now reflected on their disobedience
and ungrateful return, by the total disregard of his
directions and their unlawfal refusal of paying the
taxes which the sheriff had, at his request, called on
them to collect. He added, that the candour with
which he had treated their rash and precipitate con
duct, and the just means and effectual measures he
had pointed out for the removal of the causes of theif
complaints, would have given ample satisfaction 10
any person, who had addressed him with an intentiod
of being content with receiving justice. He lamented
that he had the mortification to find, by their last
letter, that every lenient measure of his had been pre-
vented, and the friendly aid he had offered to correct
the abuses complained of, considered as insufficient,

and he observed, that the object of the proclamation

 

1768] THE SEVENTH. 24)

Was to caution public officers against, and to prevent
extortion, which it was the exclusive province of the

Courts of law to judge and punish.
He showed, that the dissatisfaction th a
in their address, and papers not being laid before al

the members of the counci), was equally il
i i i illors con-
for, by the king’s instructions, three councillo

Stituted a board, and the presence of five was suffi-
Cient to the despatch of business of the highest mo-
ment, while there were six members of the board
Present, when their address had been acted upon. |
He expressed his great satisfaction at the resolution
they had taken of petitioning the legislature, and he
assured them, his services, on that occasion, would
not be wanting, for the redress of any real grievance.
In humanity to their misguided ‘passions and in jus-
tice to his own integrity, he thought it necessary to
represent to them, that they were pursuing ee
highly illegal and criminal, and-acting on principles,
not less void of faith and honor than, incorisistent with
every moral and religious duty ; that they had given
occasion to every man of honor and property, by the
Open and unreserved threats they had ennors es
against the lives and property of many of the in abi-
tants of the province, to look upon their designs, “a
bent, rather upon destroying the peace of the govern
ment and the security of the king’s subjects, than as
Waiting, for, any legal process agamst those ee
Imagined to have abused their public trusts, ‘He 7.
cluded by acquainting them that upon those are
prospects, he considered it his duty to pa orn
Safety of government, and to take care that the pubiie

N.cARO. 1. 31

ey expressed

 
- CHAPTER [1768

received no damage. To prevent, therefore, as muclt
as possible, the heavy expense that must accrue to the
province, by guarding against the insults that were in
tended to be offered to the superior court of justice,
he peremptorily required, on their part, that twelve
of the principal and wealthiest of them, should wait

on him at Salisbury, on the 25th-of the month, and ia |

his presence, execute a bond in the penalty of one
thousand pounds, as a security, that no rescue would
be made of William Butler and Hermon Husband, at
the next district court for the district of Hillsborough,
to which they were recognised.

A reply was sent, subscribed, on behalf of the regu-
lators, by James Hunter, Peter Julian and Thomas
Wellborn. They bewailed their misfortune, in hav-
ing incurred the governor’s displeasure, and. that
their conduct had given him reason to view them, as
bent rather upon mischief than waiting for justice, As
to his demand of security, that Butler and Husband,
should not be rescued, they observed, that the late
alarms, the raising of troops, the threats held out of
bringing down the Indians to cut off the inhabitants
of she county, had been considered by the principal
and most considerate men among the regulators, as
being without ground ; that they had, however, exer-
ted their utmost influence in moderating and pacify-
ing the resentment of their neighbors; that these me?
would ever use the same care and would ever, it was
hoped, be able to govern the multitude by reason; yet
none of them were willing to enter into a bond; and,
if they were, they would likely lose, by such a step, all
the influence they possessed before.

243
1768} THE SEVENTH.

On the 22d of September, the day of the meeting
of the superior court, for the district of Hillsborough,
the regulators appeared and took their stand within

half a mile of the town. :
They gave the most positive assurance, that no de

§ w i ound

ign as entertained of releasing the ts b

Over and beseeched the governor to dissolve he pre
?

d call a new assembly.
yet were about 3700 in number. After a short

halt, a messenger was sent to the greens apron

that if he would let them come 1n, peaceably, 0
1 i Y ar-

complain of their grievances against the officers, p

tas to But-
Il past breaches of the peace, excep
toh od Hupben, they would disperse and pay their

him,

taxes. .
The governor, in reply, required the surrender of all

till the persons charged were tried.

i e.
About thirty men complied, but the rest pre ~
Four bills. of indictment, for a riot, aga’ns

and Husband, were sent to the grand jury; one he
found a true bill, but he was acquitted on it by the

verse jury:
William Hunter and t

ilty of a riot, vere
rag Hs : heavy fine and suffer a long imprison-

ment: two of these individuals broke jail, ee the =
cemained in prison, though the door was broken open ;

but the governor pardoned him, as well as those who had
’

their arms in pledge,

wo others were indicted, tried
for which they were con-

escaped.

A number
against Edmund Fanning ; he was found guilty

them and fined one penny in each case.

 
as. Oe CHAPTER [1768

On the rise of the superior court, the governor issued
his proclamation for pardoning all persons concerned in
the late insurrection, except James Hunter, Ninian Ha-
milton, Peter Craven, Isaac Jackson, ii i 1S-
band, Matthew Hamilton, William Payne, Ninian Bell
Hamilton, Malachy Fyke, William Moffat, Christopher
Nation, Solomon Goff and John O’Neal. ‘

Chalmers—— Marshall —Records.

CHAPTER VIII.

Tue legislature held its third session at Newbern, on
the third of November, 1768. After stating the measures
which had been pursued in quelling the late commo-
tions, the governor recommended to the attention of the
houses an enquiry into the causes of it, with a view to
redress all real grievances ; and the necessity of making
provision for the expenses which had been incurred.
He acquainted them, that. the address transmitted by
their committee to the king, praying him to allow a new
emission of paper money, had been received, and he was
instructed to say, that, as the power of creating a paper

currency, to be alegal tender, it was restrained by an act
of parliament, and it was not in the power. of the crown to

exercise any discretion on that subject. He again urged
the necessity of providing a stock of powder and lead,
which the situation of the province rendered necessary.
The speaker laid before the lower house a circular
letter, of the 11th of February, addressed by the house
of representatives of the province ‘of Massachusetts to
the speaker of the house of representatives and burgesses
of the respective provinces. :
It began by stating, that the house having taken into
their serious consideration the great difficulties that must

~ acerue to their constituents, by the operation of several

acts of parliament, imposing duties and taxes on the

 
246 CHAPTER [1768

American colonies, and considering the subject, as one,
with which every colony was deeply interested, they
doubted not, the respective bodies which they eddneal
would be duly impressed with its importance, so that
such constitutional measures would be adopted, as cir-
cumstances rendered proper: and fully persuaded of the
necessity there was of the several provinces harmonising
with each other on so delicate a point, they expressed a
hope, that their application would be considered in no
other point of view, than as expressing a ready disposition
freely to communicate their ideas to the sister colonies,
upon a common concern, in the same manner as they
would gladly receive the sentiments of any other house
of assembly on the continent.

They adverted to the humble representation of the
sentiments, which they had made to the king’s ministry :
that parliament was the supreme legislative power oes
the whole empire; that in all free states, the constitution
was fixed, and, as the supreme legislature derived its
power and authority therefrom, it could not overleap the
boundaries of it, without destroying the foundation on
which its existence rested; that the constitution, main-
taining and boasting both sovereignty and allegiance, the
colonies, who acknowledged themselves under the tie of
allegiance, had an equitable claim to the full enjoyment
of the fundamental rules of the British constitution ; that
it Was an essential, unalterable right of nature, engrafted
in the British constitution, as a fundamental law, ever
held sacred and irrevocable by the king’s subjects withia
the realm, that whatever a man had honestly acquired
was absolutely his own, which he might freely dispos¢
of, and which could not be taken from him without his
consent ; that the colonists might, therefure, exclusively

 

THE EIGHTH. QA7

nt firmness adapted to
cts, assert this natural

1768]

of any charter rights, with a dece
the character of freemen and subje

and constitutional right.
They expressed their opinion, with the greatest de-

ference to the wisdom of parliament, that the acts of
that body, imposing duties on the people of America,

for the sole and express purpose of raising a revenue,
were infringements of their natural and constitutional

rights ; because, as they were not represented in parlia-
ment, the commons of Great Britain granted their pro-

perty, without their consent. ‘
They avowed the opinion, that their constituents, con-

sidering their local circumstances, could not, by any pos-
sibility, be effectually represented in parliament, being
separated by an ocean one thousand leagues wide ; that
for this reason, the king’s predecessors had formed sub-

ordinate legislatures in the colonies, that the people
might enjoy there the unalienable right of representation ;

that under the impression of the impracticability of a
full and equal representation of the colonists in_patlia-
ment, and the great expense that would attend even a

partial representation, they judged the taxation of their
constituents, even without their consent, grievous as It

was, preferable to such a representation, as

enjoy.
Upon these principle

s, and even if the right of parlia-

ment was ever so clear, they judged, for obvious rea-

sons, it would be beyon

constituents should be taxe i
Great Britain, in the colonies, in addition to the duties

they paid for them in Europe, and the advantages arising
to the mother country from the acts of trade.

d the rule of equity, that their
d on the manufactures of

 

 

 
 

248° CHAPTER. - (1768.

The house then informed the assemblies, that they:

had presented a humble, dutiful and loyal petition to
the king, and made such representations to his minis-
ters, as they apprehended would tend to obtain redress ;
that they had submitted to consideration; whether any
people could be said to enjoy any degree of freedom, if
the crown, in addition to its undoubted authority of
constituting a governor, should appoint him such a sti-
pend, as it should judge proper, without the consent of
' the people, and at their expense} and whether, while the
judges of the land and other civil officers held not their
commission during good behaviour, their having salaries
appointed to them by the crown, independent of the
people, had not a tendency to subvert the principles of
equity and endanger the happiness and security of the
people; that, in addition to these measures, they had ad-
dressed a letter to their agent in England, the sentiments
of which he.was directed to lay before the ministry,
wherein they took notice of the hardships of the act for
preventing mutiny and desertion, which required the
governor and council to provide enumerated articles for
the king’s marching troops, and the peuple to pay the
expense; and also the commission of the gentlemen,
“appointed commissioners of the customs to reside im
America, which authorizes them to make as many ap-
pointments as they think fit and pay the appointees
what sums they please, without being accountable for
their misconduct, from whence it might happen, that
officers of the crown might be multiplied to such a
degree, as to. become dangerous to the people, by virtue
of a commission, which did not appear to offer to trade
such advantages, as many had been led to expect.

their sentiments and proceedings,

THE EIGHTH. 249

i768}
They expressed their belief, that, on‘account of these
they had too much
reason to think, the enemies of the colonies had repre-
sented them to the king’s ministers and parliament, as
factious and disloyal, and having a disposition to make
themselves independent of the mother country 5 4
testeil, as they had taken Occasion to assure the king and
‘his ministers, that, with regard to the people of the pto-
vince of Massachusetts, and in their belief, as to all
others on the continent, the charges were unjust.

They concluded, by expressing their full satisfaction,
that the assemblies of the provinces were too generous
and enlarged in sentiment, to believe, that their address
proceeded from an ambition of taking the lead and dic-
tating to others; they’ submitted their opinions to the
yudgment of those they addressed, with assurances, that
they would take it kind, ifany of them should point =
any thing further, necessary to be done, -_ satis
them, from confidence ini the king, the common head and
father of all, the united and dutiful supplications of
his American subjects would meet his royal'and favora-

acceptance. ee
pac aay of money rendering it impracticable to
defray the expenses, incurred by the late expedition to

Hillsborough and running the dividing line between the

back settlements and the Cherokee hunting ground, it

became impossible to do any t

the demands of the creditors of the province, ’

cates, issued from the treasury + accordingly, debentures
or notes, receivable there, to the amount of twenty i
sand pounds, were directed to be issued, and for the r¢-

demption of them, a poll tax of two shillings as laid.
N. CARO. Ile 32

 
 
     
 
     
 
     
       
   
   
     
   
     
     
   
     
     
     
     
     
   
   
   
   
   
     
       
       
       
   
     
     
   
   
      
  
     
     

 

250 CHAPTER -’ ‘(N79

With a view to enable the industrious poor to dis-
charge their taxes, inspectors’ notes, for tobacco, hemp,
rice, indigo, wax, tallow and deer skins, were directed
to be received..

The county of Mecklenburg was divided, and the
western part of it erected into a new county, which,
in compliment to the governor, was called Tryon.

George Mercer of Virginia, who has already been
mentioned as stamp master of that province, was
this year appointed lieutenant governor of North
Carolina.

On the 6th of May, the governor dissolved the
general assembly by proclamation.

The disturbances in the western counties were
far from being quelled. Early in the spring, John
Lea, the sheriff of the county of Orange, attempting
to serve a warrant, for a breach of the peace, on
Hanson Hamilton, one John Pugh and. two other

regulators fell upon, compelled him to desist and
beat him with great cruelty.

On the 9th of September, the governor, in pursu-
ance of instructions received from the minister, issu-
ed his proclamation for the pardon of all persons,
whatever,. concerned, even in regard to fines.

The new legisiature met at Newbern, on the 23d
of October. The: governor informed the houses,
that the king had left the regulation of Indian affairs
to the. colonies, whose legislature, it had been
thought, must be the best judges of what: their se-
veral situations. and circumstances might require;
but that the office of superintendant would be con-
tinued, for such matters, as required immediate ne-
gotiation between the crown and the Indians, which

 

1769] THE EIGHTH. @51

could not, consistently, be regulated by legislative
authority.

He observed, that, as it was not in the power of
the king, to dispense with the act of parliament,
respecting the legal tender of paper currency 1n the
colonies, no petition for an emission of that cur-
rency, as a legal tender, could meet with success,
and added, that this intimation was not intended to
preclude the fullest consideration, that could be
given, to any representation the assembly might
make on that subject, or any plan they could suggest
for that purpose.

As the affairs of the province must, in some degree,

necessarily suffer delay, from the want of a regular agent
at home, duly authorized to act in every case in which
the colony might be concerned, he informed the houses

he was authorized to give his assent to a law, for raising
a’sum sufficient for the salary of such an officer, provid-

ed he was appointed by an act, passed especially for that
purpose; as the act was to originate in the lower house,
it would follow, that the name of the person must be in-

serted there, although the other two branches of the le-
gislature would each have a negative vote on the bill.

He drew the attention of the houses toa late act of
parliament, for the encouragement of the culture of raw
silk in America: as this object was of considerable im-
portance to the mother country and the colonies, he
pressed the houses to second the efforts of parliament
and pursue such measures, by premiums or otherwise,
as might induce the inhabitants of the province to aie
With spirit and expedition, on $0 useful and profita

a species of culture.

    
   

  
 
 
 

252 CHAPTER. [1769

He concluded by observing, that he was authorized
to give them assurances, that the king’s ministers had. at
no time, entertained.a design to propose to parliament to
lay any further taxes on America, for the purpose of
raising a revenue, and that it was their intention to pro-
pose, at the next session of parliament, to take off the
duties on glass, paper and colors, upon consideration of
their having been laid contrary to the true principles of
commerce. He assured the houses, such had always
been and still were the sentiments of the king’s present
ministers and the principles by which their conduct to-

' wards America had ever been regulated, and expressed

his reliance on the prudence and candor of the members,
that they would give full credit to the late testimonies the.
king and parliament had afforded, of their attention and

affection to the colonies, and this explanation of the

~ measures of his servants; a confidence which would tend

to remove the prejudices, excited by the misrepresenta-
tions of those who were jealous of the prosperity of
Great Britain and the colonies, and would re-establish
that cordiality and affection, on which the glory and
safety of the British empire depended.

He renewed his application for a provision of lead and
powder for the service of the king and the defence of the
province, and recommended a strict°examination into
the state of the public finances,

The lower house replied, that the information he had.

been pleased to afford to them, as to the intention of the
king’s ministers, was very grateful to them and would
be much more so, when they would find those designs
carried into execution, even upon the consideration that
the duties intended to be repealed had been laid contrary
to the true principles of commerce, and expressed their

 

 

1769) THE EIGHTH. 258

joy, to, find that the sentiments of the king’s ministers

coincided with their own, ‘They observed, that a pro-

vision of powder and lead, while the province enjoyed a

profound peace, appeared to them, by no means neces.

sary, as every tax or clog on trade must discourage com-

merce. They agreed with the governor In the opinion, ,
that the public funds, at no time since the scttlement of
the province, required a more strict examination, and
the necessity there was, that a settlement of all public ac-
counts should be forthwith obtained, and the, situation
of the public finances of the province made known to the
people.

On the 9th of May, 1770, governor Tryon’s speech
and the address of the house. being read in parliament,
Mr, Drake made a motion, that it was derogatory to
his majesty’s honor and to the freedom of parliamentary .
deliberation, to pledge the faith of the crown to the colo-
nial assemblies, for the repealing or laying, or continue

ing any taxes or duties whatsoever: but it passed in the
negative.
Be the 2d of November, the speaker laid before the

a communication from the house of burgesses,

aa n the 9th of May

of the province of Virginia, written 0

last.
It began by stating, that the house of burgesses, hay-
ing attentively considered several late acts of parliament,

and being of opinion, that they manifestly tended to de-

prive the inhabitants of t

rights and privileges, had thought it their duty, as rep-

resentatives of a free people, to take every regular step

to assert that constitutional liberty, for the destruction of

which, those laws seemed to be enacted; and had thought,

Proper therefore, to represent that they we

he colonies of their essential

re sensible

   
    
   
       
     
     
       
         
         
     
   
       
      
 
      
 
     
        
 
       
     
 
      
     
       
       
      
 
       
   
 

254 CHAPTER [1769

of the happiness and security they derived from their
connexion with, and dependence on, Great Britain,
and their great concern, that any unlucky'incident should
interrupt that salutary harmony which they ever wished
to subsist. ‘They lamented, that the remoteness of their
situation often exposed them to such misrepresenta-
tions, as were apt to involve them in censures of disloy-
alty to their sovereign and the want of a proper respect
for the British parliament, whereas, they had indulged
themselves in the agreeable persuasion, that they ought
to be considered inferior to none of their fellow subjects

in loyalty or affection,

They disdained any affectation of independence on
from the parent kingdom, the prosperity of which they
professed themselves bound to the utmost of their
abilities to promote, and declared their cheerful ac-
quiescencein the authority of parliament to make laws
for preserving a necessary dependence and for regu-
lating the course of trade in the colonies; yet they
could not conceive and humbly insisted, it was not
essential to support a relation between a mother. coun-
try and colonies, transplanted from her, that she
shoud have a right to raise money thenceforth with-
out their consent, and presumed they did not aspire
to more, than the national rights of British subjects,

when they asserted that no power on earth hada right
to impose taxes on the people, or take the smallest
portion of their property without their consent, given
by their representatives in parliament. 'This had
ever been considered as the chief pillar of the consti-
tution; without this support no man could be consid-
ered to have the least shadow of liberty; since they
could have no property in that, which another could

1769] THE EIGHTH. 256

by right take from them, when he pleased without
their consent,

They observed that their ancestors had brought
with them entire, and transmitted to their descendants,
the natural and constitutional rights they had enjoyed
in their native country, and the first principles of the
British constitution were early engrafted into the con-
Stitution of the colonies. Hence a legislative author-
ity, ever essential in all free states, was derived from
and assimilated, as near as possible, to that of England.
The executive power and the right of assenting to and
dissenting from all laws reserved to the king, and the
privilege of choosing their own representatives ves-
ted in the people, continued confirmed to them
by repeated and express stipulations. ‘The govern-
ment thus established, they enjoyed the fruits of their
own labour with a security which liberty alone could
impart. Upon pressing occasions they applied to the
king for relief, and gratefully acknowleged, they fre-
quently received it from their mother country, When-
ever their assistance became necessary, requsitions
had been constantly made from the crown to the re-
presentatives of the people, who bad complied with
them to the utmost extent of their abilities, and the am-
ple provisions made for the support of civil govern-
ment, in the reign of Charles I]. and, at his request,
the large supplies, voted during the last war, upon the
requisitions of the former and present king, afforded
early and late instances of the disposition of the assem-
blies of the province of Virginia, and were suflicient
Proofs, that the parliament of Great Britain, had not,

 
256 CHAPTER [i769 |

  

the people for the purpose of raising a revenue.

They added, that to say, that the commons of Great
Britain had a right to impose internal taxes on the
inhabitants of the continent, who were not, and could
be, represented, was in effect to bid them prepare for
astate of slavery ; for the colonies having no constitu-
tional check on their liberality in giving away their
money, could not have an opportunity of explaining
their grievances or pointing out the easiest method of

taxation, and their doom would generally be determin: |
ed, before they became acquainted, that the subject —

had been agitated in parliament.

They observed, the oppressive stamp act confessed-
ly imposed internal taxes; and-the late acts of parlia-
ment, granting certain duties on the British colonies.

plainly tended to the same point. They complained
that duties had been imposed to enhance the com-

UAB ify h merce of one part of the empire, that were likely t0
ae, | prove injurious to another, and by this means the
welfare of the whole was injured; and duties imposed
Male on such of the British exports as were necessaries of
TE can life, to be paid by the colonists on importation, without
; i any view to the interest of commerce, but merely t0
raise a revenue, or in other words, to compel the cold-
I nies to part with their money against their inclination,
ie they conceived to bea tax internal to all intents and
ie purposes, and itcould pot be thought just or reasonable,
ihat, restricted as they were in their trade, confined if
their exports, and obliged to purchase these very neces-
saries in the British market, they should be told they
could not have them without paying a duty for them

 

 

til! lately, assumed the power of imposing taxes upon

1769) THE EIGHTH. 253

   

They considered the act suspending the legislative
power of the province of New-York, as still more
alarming to the colonists, although it had that single itt
province in views; for, if the parliament could compel ai (
them to furnish one single article to the troops, sent aie
over, they might by the same rule, oblige them to

furnish clothes, arms and every other necessary, even
the pay of the officers and soldiers, a doctrine re-

plete with every mischief and utterly subversive of
all that is dear and valuable; for the colonists could
derive no advantage from the right of choosing their
own representatives, if those representatives, when.
chosen, were not permitted to exercise their own
judgment and were under the necessity, on pain of
being deprived of their legislative authority, of en-
forcing the mandates of the British parliament. a
The house of burgesses stated, that these senti-
ments had been expressed in an address to the king,
a memorial to the lords and a remonstrance to the
house of commons; that the council of the province
had concurred in them, and James Abercrombie
and Edward Montague, the agents of the province,
had been directed to unite in their best sien
obtain redress of the grievances aa iagee of, an
to co-operate with the agents of the other colonies, In
every measure that should be deemed necessary on
i icate point.
nar ego with a hope, that they had ex-
pressed themselves on the occasion, with a iranete
that became freemen, pleading for their deme” 3
rights, and with a decency, that would exempt Ae
from an imputation of faction and Rey sat
they had made known their proceedings om this eX
N.cARO. 11. 33

 

 
  
          
     
   
      
     
     
       
     
        
       
        
    
     
   
   
    
       
    
    
      
      
     

 

 

258 CHAPTER (1769

ject, with, a view that the representatives of the peo-
ple of North Carolina, being acquainted with them,
might go hand in hand in opposition to measures
which had an immediate tendency to enslave them,
and were persuaded that the candor of the house
would not consider it in any other light, and trusted,
that by a hearty union of the colonies, the constitu-
tion might again be established on its genuine prin-
ciples; an end equally to be desired, both by the
mother country and the colonies.
The house came to a resolution, that the sole right
of imposing taxes on the inhabitants of the province,
was, and had ever been, legally and constitutionally ves-
ted in the the house of assembly, lawfully convened,
according to the ancient and established practice, with
the consent of the council and the king, or his gover-
nor; that it was the undoubted privilege of the inhabi-
tants of the province, to petition the king for the redress
of grievances, and it was lawful and expedient, to
procure the concurrence of the other colonies, in duti-
ful addresses, praying the royal interposition, in favor of
the violated rights of America; and that all trials for
treason, misprision of it, felony or any other crime,
committed in the colony, by any person residing in it,
ought, of right, to be in one of the king's courts, held
there according to its fixed and known rules of proceed-
ing; and that seizing any inhabitant on suspicion of any
crime committed in the province, to be sent beyond sea
for trial, was highly derogatory to the rights of the British
subjects, as thereby, the inestimable privilege of being
tried by a jury of the vicinage, as well as the liberty of
summoning and producing witnesses, at the trial, was
taken away from the party accused.

  

£769] THE EIGHTH. 259

An address was prepared for the king. It began by
assurances that his subjects. in North Carolina, were
distinguished by . their loyalty and firm attachment to
him and his ancestors, were far from countenancing
treasons, and ready at any time to sacrifice their lives and
fortunes, in defence of his person and government. It
expressed the deepest concern, and heartfelt grief of the

house, that their loyalty had been traduced, and those
measures, which a just regard for the British constitu-
tion made necessary duties, had been misrepresented,
as rebellious attacks on his government.

The house next observed, that, when they considered,
that, by the established laws and constitution of the col-
ony, the most ample provision was made, for apprehend-
ing and punishing any person, who should dare to en-
gage in any treasonable practice, or disturb the tranquil-
ity of government, they could not, without horror,
think of the new, unusual, illegal and unconstitutional
mode, recommended to the king, of seizing and carry-
ing beyond sea, the inhabitants of America, suspected
of any crime, to be tried in any manner contrary to the
ancient and long established course of proceeding; they
pitied. the deplorable situation of aa American, who,
having incurred the displeasure of any person in power,
might be dragged from his native home and his dearest
domestic connexion, thrown into a prison, not to
await:his trial before a judge or a jury, from a know-
ledge of whom, he. might be encouraged to hope for
Speedy justice; but to exchange his imprisonment in his
Own country, for fetters among strangers, conveyed toa
distant land, where no friend nor relative would alleviate
his distresses or minister to his necessities, and where no
Witness could be found to testify his innocence, shun-

  
           
    
        
 
       
       
      
      
      
    
       
      
     
     
         
        
    
      
   
    
   
    
     

     

 

  

260

 

CHAPTER [1769

ned by the respectable and honest, and consigned to the
society and converse of the wretched and abandoned, he
could only pray them to end his misery with his life.

Truly alarmed at the fatal tendency of these perni-
cious councils, and with hearts filled with anguish, by
invasions so ingenious of their dearest privileges, the
house prostrated themselves at the foot of the throne,
beseeching the king, as their sovereign and father, to
avert, from his faithful and loyal subjects, the miseries
which must necessarily be the consequences of such
measures,

The address concluded, by expressing the firm con-
fidence of the house, in the royal wisdom and goodness,
and assurances, that the daily prayers of his people in
the province, were addressed to the Almighty; that he
might, long and prosperously, reign over Great Britain
and his other dominions; and that, after death, he might

taste the fullest fruition of eternal bliss; and that one of

his descendants might wield the sceptre over the ex-
tended British empire, till time should be no more.

The address, as well as the resolutions, was assented
to, without a dissenting vote, and the agent of the pro-
vince was directed to procure it to be presented to the
king, and afterwards published in the English -papers.

The only public act, passed at this session, was for
the appointment of Henry E. M’Cullough, agent of the
province.

The governor informed the house, by a message, that
some of the resolves on their journals, after the as-
surances he had given them in his speech, had sap-
ped the foundation of confidence and gratitude, torn uP
by the root, every sanguine hope he had entertained, t?
render the province any further service, if he had render-

   

 

    

    

THE EIGHTH. 261

1769}

ed it any, and made it his indispensable duty to put an
end to the session.

The house replied, that his assurances, at the opening
of the session, of the repeal of certain acts, so contrary
to the interests both of Great Britain and America, had
the repeal of them been in his power, would have been a
certainty, upon which the house could not but have re-
lied, without, indeed, sapping the foundation of confi-
dence and gratitude, and justly forfeiting all title to his
future favor and services; but, as those assurances
were in consequence of expectation, formed on the in-
tentions of ministers, to recommend such repeals to
parliament, who might not be in place at the next meet-
ing of that body, the house could not but think ita duty
they indispensably owed to their constituents, to express
their disapprobation of acts and measures, in their ap-
prehension, grievous and unconstitutional. To this
motive alone, they begged him to impute these resolves,
and not toa loss of confidence in him, ora want of a
very grateful remembrance of the signal services he had

rendered to the province; and they took this opportu-
nity of declaring to the world, that the benefit which had

accrued to theprovince, from his administration, had ex-
cited in theirbosoms, the warmest sensations of gratitude,
and would, deservedly, obtain for him, the blessings of
posterity.

The governor answered, he was sorry to observe, the
house had founded their late conduct on a jealousy of
the intentions of ministers, who might not be in office
at the next meeting of parliament. He assured them he
had received the sentiment, which he had communica-
ted, as the voice of the crown, and did not believe a

 
 

  

CHAPTER
change in the ministry, would produce any in the mea-
sures adopted by the king’s present servants,

On meeting the two houses, a few hours after, he ob-
served, he had met them with a most sincere disposition
to forward public business. He made his public ac-
knowledgments to the upper house, for the cheerful
desire they had manifested of co-operating with him, and
expressed his gratitude to the other, for the honorable
testimony they bore to the rectitude of his intention,
and prayed them to believe the interruption, which had
been given to the business of the session, did not occa-
sion more disappointment ta them, than its cause pro-
duced real affliction to him.

He: observed, the plan he laid before them for the
management of their finances, if adopted by the legisla-
ture,and invariably pursued, would produce the happiest
effects to the province; and he would be bold to say, if
ever carried in any future session, into an act of the legis-

lature, it would. be acknowledged the most beneficial
session the provinceever witnessed, even if the act should

be the only one passed. He lamented, that this blessing
was not tobe obtained, while the treasurers, late sheriffs,
and their securities could command a majority in the
lower house, and while a treasurer was suffered to ab-
sent himself, and withhold his public accounts from the
general assembly, let the pretence of his absence be ever
so urgent, He concluded, that, as his duty preceded
every other consideration, he was compelled to dissolve
the assembly. ,
In the beginning of the new year, the tranquility of
the province began again to be disturbed. The regula-
tors, assembling themselyes in large parties, visited the

262

 

[1769

 

   

   
    
   
    
     
     
     

1770] THE EIGHTH. 263

counties in the upper districts, ill treating those who re-
fused to join the standard of revolt. Maurice Moore,
the associate justice, who attended at Salisbury in the
month of March, for the purpose of holding the supe.
rior court, reported to the governor, that the sheriffs of
the several counties of that district, complained heavily
of the opposition made to them, in the exercise of their
duties, by the regulators; that it was impossible to
collect a tax or levy an execution, “plain proofs, among
many others,” said'the judge, *‘that their designs have
even extended farther, than to promote a public inquiry
into the conduct of public officers. This evil, though
cognisable by the courts of law, no civil process could

redress, for this obvious reason, that none could be exe-

cuted among those people.”” The judge concluded his
report by observing, he had advised the sheriffs, to peti-
tion the governor and general assembly;-and_ he prayed,
that it might not be found necessary to redress this evil,
by means equal to the obstinacy of the people who had
given occasion to it.

The contagion had spread even into the lower coun-
ties, Inthe month of April, Simon Bright, the sheriff
of the county of Dobbs, having a warrant to apprehend
Thomas Blake and John Coulie, two men who were at-
tempting to spread the principles of the rebellion in that
county, was attacked by a party of their proselytes, who
killed James Lindsay, one of his assistants, and com-
pelled the sheriff to abandon his purpose,

Richard Henderson, one of the associate justices,
went up to Hillsborough, in the latter part of Septem-
ber, for the purpose of holding the superior court of
law, for that district; but the regulators, who were as-

 
   
  
 

 

264 | CHAPTER. [1770

sembled in great numbers, forcibly obstructed the pro-
ceedings of the court, compelled the judge and other
officers of justice, to leave the court house, took posses-
sion of the records and blotted a considerable part of
them. After giving an account of these tumultuous
proceedings, to the governor and council, the judge ob-
served, that as to pointing out the most effectual steps,
to bring the offenders to condign punishment, he was
apprehensive no process could issue, in the present situ-
ation of affairs, that could bring about so great an end,
as no obedience had been paid to any process whatever,
by the insurgents, who, if apprehended, went under the
existing court law, and were tried in the district in which

the crime was committed, a circumstance, which the re-.

cent instances of their conduct being considered, left
room to apprehend the inefficacy of every measure, that
might be derived from that source. The judge propo-
sed, that the legislature might be convened, immediately,
and that the colonels of particular counties might be or-
dered to muster their regiments, in order to ascertain
what number of men would be disposed to act as volun-
teers, on whose conduct, when called out, reliance might
be placed.

The council, however, thought it best not to convene
the legislative body, before the day to which it stood pro-
rogued ; this determination was, perhaps, produced by
an unwillingness to have the session held in the upper
parts of the province; a severe epidemic, which then
raged in the eastern part of it, forbidding its meeting at
the usual place.

A charter was granted to the inhabitants of the tow?
of Hillsborough, authorizing them to choose a repre-

 

*

170] THE EIGHTH, 965

 

Sentative in the lower house, a measure which js said to
have: been taken to secure a seat for Edmund Fanning,
an attorney of influence, who has already been mentioned
in this chapter and who was a great partisan of the
Zovernor and extremely obnoxious to the regulators ;
these people were so greatly exasperated by this
Circumstance, that they spoke of coming down in arms
forcibly to prevent his taking a seat, and threatened, in
case they failed in the attempt, to set fire to the town of
Newbern ; the governor was so apprehensive, that they
would carry their threats into execution, that he caused
aditch to be dug along the part of the town, from
Neuse to Trent river, which is bounded by Muddy and
Part of Queen street, and was the only inhabited part
of it; orders were issued to the colonels of the mi-
litia in the counties on Neuse, and some of those on Tar
river, to hold themselves in readiness to march on the
first news ofthe approach of the regulators, and op-
Pose their passage; colonel Leech, of the county of
Craven, was directed to order his regiment into town,
for the protection of the legislature.

The legislature met at Newbern, on the 5th of Decem-
ber ; the governor received them in the palace, which had
lately been finished, and to which he had now removed.
The building was superior to any of the kind in British
North America; and the writer of this history, who
Visited it in 1783, in company with the late renowned
and unfortunate don Francisco de Miranda, heard that
Zentleman say, it had no equal in South America.

It was dedicated to Sir William Draper, the conqueror
Of Manilla, who was on a visit at governor Tryon’s,
and was said to be the author of the following lines,
inscribed over the principal door, in the vestibule :

N. CARO. II. 54

 

   

 

        
         
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
   
 
 
  
  
   

 

 

CHAPTER [i770

Rege pio, felix, diris inimica tyrannis,
Virtuti has edes libera terra dedit.

Sint domus et dominus seclis exempla futuris,
Hic artes, mores, jura, legesque colant.

Which are translated thus :

Tn the reign of a monarch, who goodness disclos’d,

A free, happy people, to dread tyrants oppos’d,

Have, to virtue and merit, erected this dome ;

May the owner and household make this the lov’d home,
Where religion, the arts and the laws may invite

Future ages to live, in sweet peace and delight.

The proportion of the new members was about the
fourth of the whole. ‘The attention of the legislature
was drawn, by the governor’s speech, to the abuses in
the management of the finances of the province, the pre-
vailing, real or feigned, complaints against.public officers,
the evils arising from the quantity of counterfeited
money in circulation, and the injuries offered to the
king’s government, at and since the late superior court
for the district of Hillsborough.

He said, it was a matter of great concern to every
honest man in the province, that after the frequent soli-
citations which had been made, for a just statement of
the public revenue, none had as yet been produced. He
observed, the plan, he had laid before the houses, at the
last session, stood unimpeached, as to propriety, regu-
larity and method ; he referred it to the consideration of
the houses, with a wish that a law might now be passed,
for the adoption of it. He suggested the propriety of
restraining public treasurers, by severe penalties, and
the deprivation of their offices, from being directly of

1770]

indirectly engaged in trade,
a check against the temptation of employing the funds of

the public as a stock for private trade, and allow the
officers more leisure to attend to the
tions; he complained
had assumed, of taking moneys at p

 

       
    
     
      
       
       
       
   
   
     
     
   

THE EIGHTH. 267

a restraint which would be

duties of their sta-

of the liberty, former treasurers
leasure from one

fund, to make up the deficiencies of others, a practice
which had introduced much confusion in public ac-
counts; and pointed out the necessity of establishing
such regulations in the offices of the treasurers, as would
prevent further irregularities, bring into public view
past transactions and remove the jealousies which the

people too justly entertained.
He besought them to make the most scrupulous en~ —

quiries, with regard to the comp)aints against public offi-
cers, which were either the cause or the pretence of the
late disturbances, to provide for the redress of any griev-
ance which might exist, and to establish fees of office,
in so express and determined a manner, as would re-
move even the possibility of doubt or abuse.

He observed, the circulation of a large quantity of

counterfeited money, afforded a presumption, that per-

sons of property and ability were concerned in this kind

of traffic. ay
He laid before the houses the depositions, which had

been sent him, of the late disturbances, during the sity
ting of the superior court for the district of Hillsborough,
and recommended them to provide for raising a sufh-
cient body of men, under the rules and discipline of war,

to march. into the settlements of the insurgents, to aid
and protect the magistrates and civil officers.
He made his grateful acknowledgments to the pro-

vince, for the elegant edifice in which he met the houses.

     
   
     
     
     
     
     
   
     
     
     
     
     
     
   
    
    
     
     
     
      
 

268 CHAPTER [2770

He concluded, by acquainting the houses: that, the
king having indulged him with leave of absence, he
should think his earnest endeavours well rewarded, if he
Could have the happiness, on his return to England, to
inform his sovereign, that the wisdom of the houses had
enabled him to give stability and a permanent regularity
to the interior police of the province, and to restore the
blessings of peace to its inhabitants,

Both houses echoed the sentiments of the chief ma-
gistrate ; the lower house observed, in regard to the
evils, flowing from the great quantity of counterfeited
bills in circulation, that nothing less could remedy them,
than to call in all public certificates and currency, by an

emission of a new medium, which, it seemed, the legis-
lature would not be permitted to do.

They bewailed the approachin

g departure of the go-
vernor, and lamented, that it wa

sa misfortune, peculiar

to the province, that as soon asa governor had become
acquainted with its constitution an
inhabitants, he was,

an observation very
of the province, since it had becom

d the temper of its
by some ill fated means, removed ;

complimentary, as all the governors

A seditious piece, in the Gazette,
ter, directed to Maurice Moore, one

tices, having arrested the attention
was referred to the ccmmittee o
grievances 3 Hermon Husband, one of the members of
the house for the county of Orange, being suspected of
having had it published, was summoned before the com-
mittee, and, on his €xamination, appeared greatly to pre-
varicate ; his conduct, in this and other respects, was

in the form of a let-
of the associate jus-
of the lower house,
f propositions and

»

THE EIGHTH. 269

1770]

referred to a committee of the whole a iar z
Ported, that he was the publisher of the piece ; * a e
Was one of the people, calling themselves ie ors i
and had been a principal mover and promoter o oe
riots and tumults, in the county of Orange aa Syn
parts of the province; that he had insinuate “ _
Case he should be confined, by order of a8 ee |

number of people would come down and i. th ne ;
an information, which the committee received as : : £4
insult offered to the house, tending to efi mus
members in the due discharge of their duty; t z a

Concurred with the report, and came to a wit“ 10 :
that the member had rendered himself unworthy ofa or
in, and justly incurred the contempt, of the house, an

Vote of expulsion immediately passed.

The governor, apprehensive that the return hed
man into his county, "ad rata ¥o ots De pane
his expulsion was calculate to excite, i

i uences, wished to have him arrested,
mee pre silo council, ens <a —
Of the measure to their consideration. : = ie
approved of it: however, at his eevee = : j ue
Howard, one of them, heard witnessesat the co ‘

nsi sband:
and issued a warrant for the apprehension of bite’ “a
he was committed under it and remained seve y

in jai re bail.

bs a gate aaiececiséh of the tumults and
tiots, which had distracted the province, an es be
Passed, making it the duty of every Justice of the a.
Or sheriff, on being informed of the assemblage = =
Number of persons, above ten, for the pone oa
turbing the peace, to repair to them, require li
mand them to disperse and return to their Pp

 
1770] THE EIGHTH. Q71

 
 
 
 
  

230 CHAPTER. [1770
Was established in the town of Charlotte: these two acts

were, however, repealed by the kings in council.
Quakers were exempted from military service, except

in case of invasion or insurrection.

 
  
 
  

 
 
  
  

habitations; and it was made felony, without the benefit

of clergy, for such persons to remain assembled, to the
number of ten, for more than one hour, It was made

 
 

    

 

 

the judges were directed to issue a proclamation against

the duty of the justices and sheriffs to call the assistance
of any of the king’s able subjects, to apprehend the per-

    
   
   
   
   
   
   
   
     
    
   
     
     
   
    
 
   
   
   
   
    
    
     
    

any court of judicature, to assault or threaten any judge
or officer of the court, during the term; to assault any
= td or coroner, in the execution of the duties
et ite m to be vs or destroy any church,
sci ouse, prison, or other house or out

It being found very difficult to bring to justice cel
sons, who had heretofore been guilty of any of the aboot
offences, the attorney general was authorized to prose
cute them in any superior court or court of jal and
terminer, in the province, and, on an indictment found,

the defendant, commanding him to surrender himself
and stand his trial, and, on failure, he was to be held
guilty and outlawed, and his lands and chattels forfeited
The governor was empowered to make drafts from the
militia to enforce the execution of the law; and penal
found embodied and in arms, $i. tieiotiee the military
sin “i on the command of a justice or sherifh
0 lay down their arms render selves,
to nea as traitors. ie ope yr!
itha view to encourage migrati I enya
had come immediately from 8 eis
and such as might thus arrive thereafter, were €3 :

from the payment of taxes for four be Peres

  

% “

i iiealeeeanennteneneneieememmmeantiante oe. ;

The inspection laws were revised.
The fees of attorneys and clerks were regulated.

ee sons, thus continuing together, It

4 for any number of noth above a ite Te te elas Salary of six Donde
ae th ° . ‘" é a Oge- .
Lh er, with an intention of disturbing the proceedings of pounds per annum and fifty pounds for every court, In
i] liew, of all other fees or emoluments of office.

With a view to diminish the strength of the regula-
tors, in the county of Orange, by division, three new
counties were established; one consisting of parts of the
counties of Orange, Cumberland and Johnston, which,
in compliment to the lady of governor Tryon, was called

Wake; another of parts of the counties of Orange and
Rowan, which was called Guilford, and a third out of

the southern part of the county of Orange, to which, the

name of Chatham was given. Se. ;
In order to afford some relief against the great scarci-

ty of a circulating medium, a temporary act was passed,
forbidding sheriffs to sell property, taken in execution,

for less than two thirds of the appraised value; chattels,

h two thirds of the appraised value could not be

for whic
obtained, were to be received in satisfaction of the debt,

and the plaintiff was at liberty to take lands, or give fur-
ther time, ‘The king, province and British merchants
were not to be affected by this act.

“The northern part of the county of Rowan was erect-
ed into a new county, to which the name of Surry was
gee ee

* ‘With a view to encourage the establishment of post-
offices and post roads, which had lately been established

by the postmaster general, through the province, a law

 
 

 
272 CHAPTER [1770 1771) HE EIGHTH. ot3

     

was passed, making the expense of ferrying mail carriers.

a public charge, and compelling persons, called upon by
the rider, to carry the mail, in case of sickness or failure

Six thousand pounds of powder and two thousand
pounds of balls and shot were directed to be pur-

    

 

of his horse, and forward it to the next office, at the ex-
pense of the postmaster general.

On the request of the lower house, the governor caus-
ed all the books and papers. of the secretary’s office, to
be removed from Wilmington to Newbern,

Several thousand families of the Presbyterian denom-
ination, having removed from the mother country and
the northern colonies, settled in the. frontier counties of
the province, exposed to the dangers of savage Indians,
and subject to all the hardships and difficulties of culti-

vating a desolate wilderness, under the expectation of

enjoying, to the fullest extent, the exercise of their reli-
gious privileges, as a people, attached to the doctrine,
worship and discipline of the church of Scotland, as
summed up in the Westminster confession of faith;
and the Presbyterian ministers were prohibited, by an
act passed in 1768, from celebrating the rites of matri-
mony among their congregations, according to their con-
fession of faith, by publication in their religious assem-
blies, nor allowed, without license, unless by paying a
fee to the Episcopal clergymen, the incumbent of the
parish: the rigor of the law was relaxed and Pres-
byterian ministers, legally called and ordained
in any congregation of the province, were allowed to.
solemnize the rites of matrimony, according to the
Westminster confession of faith, between persons of
the Presbyterian denomination and members of the
minister’s Congregation, without paying any fee to
the minister of the established church of England
in the parish. "

 

chased by the captain commandant of fort John.

son. ‘ tis
Just as the legislature was about to adjourn, in-

formation was received, that the regulators yor’ ra
‘sembled, in great numbers, at Cross creek; on w 7
the assembly voted a sum of five hundred pounds,
to be at the disposal of the governor, in order to ee
able him to guard against their approach Nptice ':
Newbern, whither, it was reported, they intende

to come and set the palace on fire.

The legislature was prorogued on the 26th of |

January.

With a view to prevent the regulators hints being
supplied with ammunition, the governor, early in the

month of February, issued a proclamation, prohi-

biting all merchants, traders, or others, from He
ing any person with powder, shot or lead, until fur-

t otice. = 3
ites the latter part of the month, a letter

from Redmund Howell, from Habifax, to J ea
ter, a chief of the regulators, was —, si :
forwarded to the governor. It appeared the sige
had been sent into the county of Halifax, .

view to induce the people to rise and march to

in order to join the men who were gather-
7 atk ca: vind intended to proceed to ye
bern; but, having been detained, by some nee ee ;
en the road, he heard, on his arrival in Hal ni :
Husband’s being admitted to bail, on which he ju .
ed it unnecessary to stir the people. He expre

yw. caro. u. 35

 
274 CHAPTER * [i774

his: belief of the facility with which this would have
‘been effected, if it had appeared useful. Soon af-
ter, accounts reached Newbern, that the men col-

lected, at Cross creek, had dispersed; they were
reported to consist of a body of twenty-two hundred
and to haye several waggons in their train.

Early in the month of Marcb, it was determined
in council, to, raise a force, from the several regi-
ments of militia, and the governor was advised to
march, at their head, into the settlements of the re-
gulators and reduce them by force, to obedience
to the laws, and while the troops were among them,
to assist the sheriffs in levying the taxes, protect
the election of a new member, for the county of Or-
ange, in the room of Hermon Husband, and support
the commissioners appointed to run the dividing line
between the counties of Orange and Guilford, as

none of those acts of government could be executed
without the assistance of a military force.

On the 7th of March, the sheriff, clerk, register
and other officers of the county of Rowan, met a
committee of the regulators, consisting of James
Hunter, John Inyard, William Welborn, Thomas
Flake, John Cuny, James Wilson, Samuel Waggo-
ner, David Gillespie, James Graham, Henry Wade,
Peter Julian, Jeremiah Fields, John Vickney, Sam-
uel Jones and Joshua Zagur: at this meeting the
officers agreed “to settle with, and pay, every per-
son in the county, any and all such sum or sums of
money, as they or their deputies had taken througlt
inadvertency or otherwise, over and above what
they severally ought to have taken for fees, more

 

1771) THE EIGHTH. 215

than the law allowed them to receive, without any
trouble or law for the recovery of the same.” The
Committee, on their part, agreed, that, “when any
doubt should arise, all persons within the county,
Should give in their demands to such persons, as

should be appointed by the people, in each neigh-
bourhood to receive the same, and be determined

by gentlemen, jointly chosen by both parties, whose
judgment should be final.” The persons were Ma-
thew Locke, Hermon Husband, James Smith, James
Hunter, Samuel Young, Thomas Person, John Cain
and James Graham: John Frohock, clerk of ‘the
County court, Thomas Frohock, clerk of the su-
perior court, John Brawly, register, Griffith Ruthet-
ford, sheriff, William Frohock, his deputy; Benja-
min Miller, Andrew Ellison, Francis Locke, Wil-
liam T. Cole former sheriffs, Alexander Martin and
John Dunn: they agreed to meet on the third Tues-
day in May.

A special court of oyer and terminer was held at
Newbern, on the 11th of March, under the late act
of assembly, and bills of indictment were found
against William Butler, John Gappen, Samuel De-
vincy, James Hunter, Mathew Hamilton and Red-
nap Howell, for riotously and feloniously breaking
the house of Edmund Fanning, on the 25th of Sep-
tember, 1770, and others against the same persons
and Hermon Husband, John Frost, Eli Branson,
Thomas H. Smith, James Lowe, Daniel Smith, Jer-
emiah Fields, John Gugle, William Dunn, Henry
Litterman, Thomas Welborn, Ninian B. Hamilton,
Peter Craven, William Payne, Robinson Yorke,

 

 
 

276 CHAPTER [i794

Reuben Sanderson, James Bignour, James Haridon,
Samuel Culbertson and Patrick Crayton, for an as-
sault on John Williams, at Hillsborough, on the 24th

of September, 1770. Before the rise of the court,

an association paper was drawn up, by which the
subscribers solemnly engaged “to support govern-
ment against the insurgents, at the risk of their lives
and fortunes, and to adopt every salutary measure,
in their power, for restoring peace and tranquility,
and enforcing a due execution of the laws of the pro-
vince.” It waz immediately subscribed by the go-
venor, the members of the council, the speaker of
the house of assembly, the grand jury and a consi-
derable number of other persons of respectability.

The paper was afterwards circulated through the

county of Craven, and few persons withheld their

signatures: similar papers were circulated in the
neighboring counties, and they met with equal suc-
cess.

On the 24th of April, governor Tryon, attended
by several of the members of the council and a

number of other influential characters, marched
from the town of Newbern, at the head of about
three hundred men, a small train of artillery and a
number of baggage waggons, to the settlement of
the regulators, according to the recommendation of
the council. On the 3d of May, he found himself
at the head of a small body of men, composed of
detachments from the county of New Hanover, un-

der the orders of colonel John Ashe, of the county

of Craven, under colonel Joseph Leech, of the coun-
ty of Dobbs, under colonel Richard Caswell, of the

 

174] THE EIGHTH. ei

county of Onslow, under colonel Craig, of the coun-
ty of Carteret, under colonel William Thompson, of
the county of Johnston, under colonel Needham
Bryan, of the county of Beaufort, with a company
of artillery, commanded by captain Moore and a
company of rangers under captain Neale. :

The army marched, on the 4th, to Hunter 8 lodge,
in the county of Wake, where they were joined by
a detachment from that county, under colonel John
Hinton. A party was ordered to attend the sheriff
in levying the fines, due from the men, who had at-
tended a muster of the militia, without arms, on the
preceding day, and in collecting the taxes due in the
neighborhood, except from those who had joined
the army as volunteers.

On the ninth, they marched to Enoe river, and en-
camped within a few miles from the town of Hillsbo-
rough, where they were joined by a detachment from the
county of Orange, under colonel Edmund Fanning ;

here an express arrived from general Waddle, with the
information, that the regulators had surrounded him,

with a force more considerable, than it was possible
for them to collect, and in consequence of ; the deser-
tion, or what was much worse, the connexion he had
discovered to subsist between his own camp and that of
the regulators, he had the mortification to make a re-
treat to Salisbury, the only resource left him ; accounts
were also received, that ch ao re ——
with the avowed intention of opposi e
march, and fears were entertained, they would ‘
Haw. river soon enough to obstruct his passage,
ford of that stream being so easily defended, that, on

 

 

 
 

 

bli

278 ‘CHAPTER {1771

that contingency, the crossing of it must have cost a
great deal of blood. The inhabitants of the neighbor-
hood being generally disaffected to’ the government, no.
intelligence, that could be relied upon, was to be. ob-
tained, except that the regulators were in considerable
numbers and determined to give battle.

The army marched through the town on the following
day ; the sick were left there, as well as the carts attend-
ing the army, which were found to delay the march;
waggons were substituted for them ; the governor was
joined by a volunteer company of light horse, under
captain Bullock.

The troops advanced to Haw river on the 13th, and
on the following day reached the great Alamance ; one
third of the army was ordered to

during the whole night,
hour.

remain under arms,
to be relieved every second

On the 15th, a messenger from the re
a petition to the governor; the object of it was to de-
sire, that he would redress the grievances of the people,

as the only means of preventing that bloodshed, which,

from the ardour of the leaders and of the troops on both

sides, must otherwise ensue ; his answer was desired
within four hours; the governor sent the messenger
back, with a promise that an answer would be returned
on the following day, by noon. John Ashe and John
Walker, who were sent out of camp on duty, were, in
the evening, seized by the regulators, tugged up to
trees, severely whipped and made prisoners.

At night, the orders of the preceding e

newed; the cavalry were directed to k
saddled, during the whole night, and to

gulators brought

yening were re-
eep their horses
keep a grand

 

179
1771] CHAPTER.

guard of ten men,’at about half a mile towards the head
of the camp, a little off the road to Salisbury. .
The army moved the next morning; at break of day,
without beat of drum, leaving their tents standing, and
their baggage and waggons in the camp; one ee
from the detachment. of Johnston county, wit such
men as were not able to march briskly, remained behind,
as a guard to the camp, under the orders of colonel
Bryan ; the waggon horses were kept in their geers, and
the whole army was drawn into a hollow square. 5
At a distance of five miles from the camp, the armies
being within half a mile from each other, three

guns were fired, as a signal to form the line of battle,
which was immediately done. The governor’s men

Were drawn into two lines, at the distance of one hun-
dred yards from each other; the detachment of the coun-
ties of Craven and Beaufort formed the right wing of

the front line, and those of the counties of Carteret and
Orange the left, with. the artillery in the centre; the de-
tachment of the county of New Hanover, and three com-
panies of the county of Dobbs, formed the right wing of
the second line, and those of the counties of Onslow and
Johnston, with the rest of that of Dobbs, the left ; =
detachment of the county of Wake, with a troop o
light horsemen from that of Duplin, reinforced the rear
guard; the rangers covered the flanks on both sides,
facing to the right; the troop of light horse, from the
county of Orange, escorted the governor ; the detach-
ment of the counties of Carteret and Onslow were di-
rected, in case of an attack on the left wing, to form .
angle from their respective lines, to cover the left flan
The regulators were encamped at some get ;
their number exceeded, in a small degree, those of the

 

 
280 , CHAPTER {1774

governor; they were headed by Hermon Husband,
James Hunter and William Butler; they answered the

governor’s guns by three huzzas and beating to arms.
A message was then sent them, in reply. to their peti-
tion; the purport of it was, that the governor had, in
every circumstance, both in his particular and legislative
capacity, pursued every measure that was in his power,
to quiet them, but without effect ; he had now nothin zto
offer them, but was bound to require of them an imme-
diate submission to government, a promise of paying
their taxes, so long withheld from the public, an imme-

diate return to their respective places of residence, and a
solemn assurance, that they would no longer protect the

individuals who were indicted, from a fair trial for theit _

offences; he concluded, by allowing them one hour to
consider, and if they did not then yield and accept so fair

a proposal, the circumstances that would follow would
be imputed to them alone. ;

On the arrival of the messenger at the camp of the
regulators, they impatiently heard the reading of the go-
vernor’s answer to their petition, and bid him return
to Billy Tryon, and say they defied him, and battle
was all they wanted; some of their leaders, however,
prevailed on them to listen to a second reading of the
paper; but they again expressed their impatience to come
to an engagement, with the most violent imprecations:
On the return of the messenger, the army marched to
within three hundred yards of the regulators’ camp, and
there halted. The regulators advanced also, in order of
battle, to short reach of the road, where they halted
likewise, waving their hats as a challenge, to dare theit

opponents to advance.

 

     

1771} THE EIGHTH. ani

Governor Tryon now sent’a magistrate and an offi-
Cer, with a proclamation, commanding the insurgents
to disperse within one hour: the magistrate read it aloud,
in front of the lines; but they disdained listening to him,
crying out battle! battle!! On the return of the magis-
trate,. the governor understanding that the regulators
proposed putting John Ashe and John Walker in front
of their lines, sent a message, that, as he should keep the
Prisoners he had taken in a place of safety, he hoped the
Same care would be taken of those gentlemen. To this,
they returned no direct answer; but proposed to sutren-
der these two prisoners, if the governor would surrender
those he had taken, seven in number. The proposition
of so ainequal an exchange, implying a concession on
the part: of the governor, was, at first, rejected; but, at
last, at the solicitation of his men, who were appre-
hensive of the treatment that these two persons might re-
ceive, he agreed to the exchange. The enemy being
tardy in their compliance, and the army complaining of

the extreme heat of the sun, and manifesting great impa-
tience to advance, it was thought advisable to lead them

on, They marched in profound silence, till the lines of
both parties met, almost breast to breast. The governor
forbade his men to fire until he ordered them. ‘The first
rank were almost mixed with those of the enemy, who
Were stationeda little before the main body, and who now
began to retreat slowly, to join their army, bellowing
defiance and daring their opponents to advance. The
army kept on till within twenty-five yards of them and
then halted. The regulators continued to call on the
fovernor to order his men to fire: several: of them -
Vancing towards the artillery, opening their breasts an

N. CARO. II. 36

 

 

   
      
      
 
   
    

 
 
  
 
 

 

282 CHAPTER (i778

defying them to begin. The army saw them going to
the spot they had determined to occupy, and whivh was
best calculated to secure them, and annoy it. The
ground they abandoned, was the place they wished the
governor to occupy, and the only one he could, with-
out action, obtain. He was entirely open to their fire,
and most of them were secure from his; and, as the
greatest part of the artillery was in the road, they dis-
posed their best troops to attack it.

An adjutant was now sent, to the enemy’s camp, t0
receive John Ashe and John Walker, who brought for
an answer, that they would be surrendered within
half an hour. He was sent back to inform the regu-
Jators, that the governor would wait no longer, and that,
if they did not directly lay down their arms, they should
be fired on. Fire and be d d, was the answer.
The governor, ordering his men to fire, was not imme-
diately obeyed; on which, rising on his stirrups and
turning to his men, he called out “fire! fire on them or op

 

me.” ‘The action now began, and, almost instantly, be-

came general,

The insurgents, pursuing the Indian mode of fighting,
did considerable injury to the king’s troops; but, owing
to the artillery, and firmness of the latter, were, after 4
conflict of one hour, struck with a panic and fled, leaving
upwards of twenty dead, and a number of wounded.
The fugitives were pursued, and several prisoners were
made. The loss of the governor was only nine killed,

and sixty-one wounded. The laurels which he gained

on this day, were sullied by a vindictive and intemperate
behaviour. ‘Towards the evening, when every. thing

was quiet, and the regulators defeated and dispersed:

 

   
  

vn) THE EIGHTH. 283

captain Few, one of the prisoners made in the pursuit,
was, by his orders, without a trial, hung on a tree,

On the following day, the governor issued a procla-
mation giving notice, that every person, except those
who ‘were outlawed or prisoners in the camp, who,
within five days, would come in, lay down his arms,

take the oath of allegiance, promise to pay his taxes
and submit to the’ laws of his country, would receive

a free pardon. ‘The proviso was afterwards enlarged,
from time to time, to the 10th of July; but the follow.
ing persons were excluded from the benefits of the pro-
clamation: Samuel Jones, Joshua Geague, Samuel
Wagoner, Simon Dunn, jr. Abraham Creson, Benja-
min Meritt, James Wilkinson, sen., Edward Smith,
John Bumpass, Joseph Boring, William Rankin, Wil-
liam Robeson, John Winkler, John Wilcox, Jacob
Telfair and Thomas Person.

The army marched, on the 21st, to Sandy creek,
where they encamped and halted for a week. Detach-
ments were sent to assist in the collectior of taxes, and
to disperse the regulators, who were lurking about in
parties. A reward of one thousand acres of land and
one hundred pounds, in money, was offered, for the
apprehension of Hermon Husband, James Butler,
Redaap Howel, and other chiefs of the regulators, or
either of them, dead or alive. Parties were sent to lay

waste their plantations. The army next proceeded to
the Jersey settlements, crossing Deep river and Flat
Swamp; they stopped two days and marched to Betha-
bara, a Moravian town, by Reedy creek. "

_ "The army being joined by general Waddle, with a
large body of men, returned on the 9th of June, by

       
     
     
       
     
       
      
  
         
       
        
       
        
         
   
      
       
      
   
 
  

 

 

‘ates CHAPTER. [177%

Black Jack, Buffalo, Big Troublesome and Back
creeks, to Hillsborough, which they reached on the 14th.
A special court of oyer and terminer, was held, for the
trial of twelve of the prisoners, taken in the battle: they
were indicted for high treason, convicted and received
sentence of death, The execution of six of them was
respited, till the king’s pleasure wasknown. On -the
19th, the others wereexecuted. The whole army was
drawn out under arms, except the quarter guard and sen-
tinels. They formed and marched, ina hollow, oblong
_ Square; the artillery forming the front and rear faces:
the first line, the right, and the second, the left face: the
main guard marching in the centre, with the sheriff and
prisoners: the light horse, covering the outside of the
flanks to keep off the mob. This order of march
had been sketched out, and given in general orders,
by the governor, who stooped, in this manner, to point
out the spot for the erection of the gallows,
orders for cleaning the field around, to ma
the army. An acute writer,
day, observed, that the govern
attention to these particulars,
character behind, bearing a
of an undertaker at a funeral.

On the following day, the army left Hillsborough,
and encamped at Stone creek. The next morning, the

Governor took leave of them, and: proceeded to New-

bern. The troops moved, by slow marches, to colonel
Bryan’s,

in the county of Johnston, near the spot,
where the town of Smithfield has since been established-
The different detachments separated, and took the short-
est roads to their respective counties,

and to give

in the newspapers of the

or’s minute and personal
left a ridiculous idea of his

Strong resemblance to that

ke room for

 

   

IGHTH. 285
W771} on

On his arrival at Newbern, — cane nt
1 f New-York, to
ipping for the province © “e
ee the affairs of that government, to which he had

been appointed.

Records—Magazines—Gazettes,

  
 
   
   
      
   
    
 
    
   
   
    
   
    
         
       
       
         
      
    
      
          
    
 
   

 

    
       
  
 

CHAPTER IX.

. the departure of governor Tryon, the adminis
a ion of the affairs of the province devolved on
ames Hasel, the president of the council, who was
= on the ist of July. He did not hold long
the reins of government; for on the 41th of the follow-
ing month, Josiah Martin, who had been appointed
governor of the province i
See » arrived from New-York
re gentleman was a brother of Samuel Martin,
who had been a member of the British parliament

and secretary of the treasury, and who, having beet
reflected on, in one of the numbers of the North

Briton, fought ina duel, and wounded the famous

on pr the author of that paper, in the year
eG : ris > was a native of England, had
penta ua im profession of arms, and risen to
~ -— _ legislature, for the first time, in the
wae ve a of November, in the town of
Kes pire is - some prefatory encomiums on the

; > he congratulated the houses on the
restoration of the province to tranquility and order:
- recommended the consideration of effectual Bir
utions against the return of the evils that had lately
disturbed it. To attain this object, he said, it appear-

  

CHAPTER. 287

1771)
ed necessary to obviate all just grounds of the discon-
nd to afford the fullest possible

tent of the people a
evidence of the just administration of the finances of
far as human prudence

the province; to correct, as
could, all manner of abuses and give every facility to

the administration of justice.
He recommended, as war was still raging on the

continent of Furope, and kept Great Britain in a
state of watchfulness, which rendered caution in the
colonies necessary, that the militia of the province
be put ona respectable footing, and that provisions
might be made for the establishment of fort Johnston,
and supplying the garrison with sufficient stores.

He concluded by observing, that, as the public

faith stood pledged, he conceived it needless to say any
provision necessary to be made for de-
harges of the late and important services

and expressed his hope that the house

of assembly would, at least, indemnify the leader
under whose auspices they had acted for his personal
expenses, generously undertaken for the good of the

province, and that this being done, the king’s sub-
jects, lately misled, having returned to their duty, the
veil of oblivion should be drawn over the late un-
happy troubles, and all the distinctions and animosi-

ties, which they created, extinguished.
Atthe request of the governor the members of both

houses took the oath of abjuration, as altered by an
act of the sixth year of the king’s reign, which had
never been used in the province.
The answer of the house of assembly was compli-
mentary. They observed, that prohibited as they
were, by an act of parliament, from any further emis-

thing on the
fraying the-c
of the troops,

  

 

 
 

 

288 CHAPTER (1774

sion of paper money, the inconveniencies arising from
a want of specie to serve as a medium of trade (com-
mon in all young countries) were changed into real
distress, equally felt and lamented by individuals and
the public, and expressed their earnest wish, that the
only mode for paying the public debt, which the
circumstances of the country would permit them to
adopt, might prove just and satisfactory to the public
creditors.

It appearing, from a state of public funds made by
John Bargwin, that a sum more than equal to the
amount of the bills emitted in 1748 and 1754, had
been collected, and that there would be a balance in
favor of the province after the payment of the arrears,

for which security had been given, of upwards of

four thousand pounds; a bill was brought in and
passed both houses, for discontinuing the poll tax

and duty oa liquors, and for the redemption of the
bills issued.

The governor having received, during the session,
the king’s . instructions to appoint commissioners to
continue the southern boundary of the province; run
in the year 1763, as far as the Salisbury road, till
it should reach the Cherokee line, applied to the low-
er house to be enabled to defray the expense of that
service. But the house, in reply, desired, through
him, to have it made known to the king, that if the
ruuning of the line should be carried into execution,
it would occasion the greatest injury to the province,
as it would deprive it of a great number of useful in-
habitants, by law and custom engrafted into its con-

1171} THE NINTH. 289

   

and take from ita great part of valuable land, posses-

sed under patents, issued by the governors of North
Carolina; cut off all communication and commerce
with the Indians, by leaving only a tract of land over
impassable mountains between them, and deprived
the province of several thousand pounds, laid out in
running the western line, which would, by this
means, be taken into South Carolina.

Both houses concurred in instructions to the com-
mittee of correspondence, to direct the agent of the
province to solicit permission to import salt from
Spain and Portugal; the speaker was desired to ad-
dress the speaker of the house of burgesses of the
province of Virginia and request that the agent of that
province might be instructed to use his interest for
the same purpose. The governor was also addressed
for his aid.

“a house of assembly appointed a committee to

draw up an address to the king, the lords and com-
mons of Great Britain, setting forth, that the house,

ever ready to support the king’s honor and dignity,
had with spirit and liberality fallen upon a method
to pay the great expense of the late ai i goer
against the insurgents, in support of the king 8 gov-
ernment; but being restricted from emitting @ atte
currency to be a tender in payment of debts, weed
method they could, in the distressed situation 0 be €
country, fall upon, was by stamping debenture bills,

as a temporary expedient, chargeable upon the cod
sury of the province; but, as the expedient was atten-

 

ded with great inconvenience to the public, ‘and the |
individuals who were to receive them might sustain
injury from their depreciation, and as those individ-

N. CARO. II. 37

stitution, counteract a number of established laws

 
 

 

- CHAPTER pat

uals were those who had, at the risk of their lives, stood
forth ba support of the king’s government and ds con-
stitution of the colony, they prayed that, in consideration
of those people, as wellias of the situation of the province;
labouring under great distress for want of a currency:
the act of parliament, against issuing a paper currency:
might be repealed so far, at least, as respected North Cat-
olina: and the committee were desired to set forth, i?
the address, that the house would frame the law, so x: to
prevent British creditors from suffering, in Sd such
currency should depreciate in value.

The house of assembly addressed the governo!
for a general pardon to all persons, concerned in the
late insurrection, except Hermon Husband, Red-
nap Howell and William Burke, whose itin they
said, were too atrocious to merit any degree of lent-
ty. He answered, that ‘his wishes corresponded
with the humane and generous disposition of the
house, to conciliate the minds of the king’s subjects
and establish peace and good order throughout the
province, on the firmest basis; he had anticipated
their wishes; but, considering such a general part
out af the limits of his power, he had offered such @
measure to the royal consideration and would for’
bee their request to Great Britain.
eae sdtagt had passed the house, for discon
on il ax and duty, imposed for the redemp-

Paper money, and another for striking
twenty thousand pounds in debenture bills, on bank
paper, to be exchanged for all such delibatien and
tender bills, as were in circulation in the province
were rejected. . :

_ Greene.

 

1771] THE NINTH. 291,

An act was passed to indemnify such persons, a5

had acted in defence of government and the pre-
during the late insurrec-

d another for appoints
esq. agent for the

servation of public peace,
tion, from vexatious suits, an

ing Henry Eustace M’Cullough,

province. .
A town was established on the south side of Tar

river, in the county of Pitt, which, in compliment to
the new governor, was called Martinborough. The

name of it was altered, in a few years after, to that

of Greenville, out of respect to General Nathaniel

ts in the back part of the province

rapidly increasing, a road was directed to be laid

out, fromthe western frontier, through the counties
of Mecklenburg, Rowan, Anson and Cumberland, to
of Campbellton, on the northern bank. of

The setthemen

the town

Cape Fear river.

On the 23d of December,
the assembly: no reasons were assigned for the mea-
e: but it was believed to have been occasioned

olve of the house of assembly, declaring,
llection of the poll tax and the duty on
ption of the currency, ought to

the governor dissolved

sur
by the res
that the co
liquors, for the redem

be discontinued.

To prevent the effect of it, a few days after the

legislature had adjourned, the governor issued his
proclamation, stating, that the suggestion that the
act, imposing the tax and duty, had its intended
effect, by raising, from the people, the whole sum
emitted upon the credit of those funds, and, conse-
quently, that the tax and duty ought not to be col-
lected, was a fallacy and a very gross misrepresen-

 

 

 
~ CHAPTER carte

tation of the fact; the money collected having been
‘ may diverted to other services and a great part of it
: e's | remaining in the hands of the sheriffs and collectors
who had not yet accounted for it to the treasurers
ea therefore, it appeared thatthere still remained extant
é 4 Ht and in circulation, a considerable quantity of the
q i bills of credit, for the sinking of which, the produce
att of the tax and duty was the only remaining appro-
if priated fund, and the public faith stood engaged t
f continue them, till other funds were provided for the
: i hy extinction of the paper, or till, by their means, it was
at collected and destroyed: he therefore warned the
: sheriffs and collectors to carry the acts of 1749 and
Hh | 1754 into effect, until they were legally repealed.
He In the course of the winter, a female adventurer pass-
ed through the province and attracted great notice. She
had assumed the name of Lady Susanna Carolina Ma-
tilda, sister to the queen of Great Britain, and had tra-
velled through the province of Virginia, from one gen-
tleman’s house to another, under those pretentions. . She
vt: made astonishing impressions in many places, affecting
bie oh the manners of royalty so inimitably, that many had the
ij | honor of kissing her hand. .
| Ay ) To some she promised governments, to others regi-
i ; ments, or promotions of different kinds in the treasury,
ih army and navy: in short, she acted her part so adroitly as
i to levy heavy contributions upon some persons of the
ih r highest rank. She received the marked attention of go-
yvernor Martin and his lady, whilst in Newbern; and pro-
i age ok: ii ceeded thence to Wilmington, where she was also re-
; Hh Bare ceived with great marks of distinction. At last, after re-
ee | maining some days in Charleston, she was detected and
eet aR apprehended. Her real name was Sarah Wilson; having

 

 

niclioh ni =
a ie

ae

 

THE NINTH.. ~ 293

1772]

been taken ifto the service of one of the maids of honor

to the queen, she found access into one of the seg apart-
ments, and breaking open @ cabinet, rifled y set
valuable jewels, for which she was apprehende , —_ '
condemned to die; but through the interposition :
mistress, her sentence was softened into nee 5
She had, accordingly, been landed, in the prece “ay * ;
in Maryland, where she was purchased by a Mr. W. , u-
val, of Bush creek, Frederick county. After a short

residence there, she effected her escape into Virginia, and
e, assumed the name and char-

rudent distance 7
when at ap having brought with her, from.

5 ; ster
acter of the queen s sister, '
England clothes that served to favor the deception, and
’

a part of the jewels, together with her majesty’s picture,
which had proved so fatal to her. 324

In the course of the summer, the governor visited
most parts of the province, particularly, those in
which the late disturbances and commotions had
In the month of August, the six regula-
tor chiefs, on whom sentence of death had been
passed, and whose execution had been respited by

i ing’s absolute par-
or Tryon, received the king’s a
5» agg Ai 24th, governor Martin granted a char-

ter to the inhabitants of the town of Tarborough, in
the county of Edgecombe, allowing them, wees
other privileges, that of electing a member 6 si

1 bly.
te in the house of assem
Barwin of the legisiative body was postpon-

ed till the 25th of J anuary: The governor open
the houses, he had the king's command to peer :
the passage of an act of general pardon and - a
‘on. in favor of the persons, concerned in *s =
vetahlods the effect of which was, however,

prevailed.

 

 
 

 

suspended till the king’s pleasure was known, and
expressed his hope, that, after extending mercy to
the offenders against the public peace, it might be
thought becoming the superintending care of the le-
gislature to promote its future security, by perma-
nent laws. He drew the attention of the house, to
the necessity of framing a court system, on certain,
settled and permanent principles, the acts for the
establishment of the superior and inferior courts,
which had been made temporary, expiring at the
end of the session.

A select committee was appointed to frame a court

law; they were instructed to make provision for the es-
tablishment of superior and inferior courts, in one bill;

tovest theappointment of the clerks of the superior court,
which heretofore belonged to the clerk of the crown,
in the chief justice; to restrain the clerks of the pleas
from selling the offices of clerks of inferior courts; to
vest the power of granting letters of administration and
testamentary, in the inferior, to the exclusion of the su-
perior courts; to extend the Jurisdiction of a justice, out
of court, to causes to the value of five pounds,

A bill, framed according to those instructions, having
passed the house of assembly, the council, on its third

reading, proposed, that the district of Hillsborough

should be abolished, and a new one erected at Camp-

‘bellton, to be composed of the counties of Anson,

un nd, Chatham, Guilford and Wake, and that
the counties of Orange and Granville be added to the
district of Halifax, that, in all cases of attachment, where
the defendant resided in Europe, proceedings should be
staid, before plea, one. year; that the inferior court of
Pleas should be held by justices of the quorum; that

 

TH. 293
1773] {HE NIN

the clerk of the pleas should be permitted to reserve to
himself a reasonable proportion of the profits and emol-

uments of the clerks of inferior courts. The house of

assembly refused to concur with any of the eines gate,
except the second; the council passed the bill: it con-

tained a clause, suspending its effect, till the king’s oi
sure was known, and, in this shape, received the gover-

; ‘ bs . . .
perhiesurier em provision, however, being anne:
sable, separate bills were introduced, to pee rs —
tinue, fora limited time, the acts under whicl a is ‘
rior and inferior courts had hitherto been holden.

the third reading of the superior court bill, in the pone
of assembly, a clause was struck out, which n ‘

introduced as an amendment, in the council. The o ,
ject of it was to exempt the estates of such persons, ”
had never resided in the province, from the process i"
attachment, otherwise than according to the by ” ‘
statutes of England: On the return of the 1 ht :
council insisted on their amendment, observing, at

nned, as to give to the people of the province
enjoyed by the people of England, in res-
arid what that benefit was, or how far
large for the construction of courts

was sO pe
every benefit,
pect to attachments,
restrained, was left at

f law. )
; The house answered, that they had struck out the |

j il, after the most
, inserted by the councw, :
pen they were of opinion, that It naa be
highly inconsistent with the commercial policy a oe
province, to reliquish the benefit of the attachme!

the effects of those, who did not reside in the ae
as from the absense of their persons, the creditors had no

 
 

296 CHAPTER [1773

security, but what was derived from their property in
the province, upon the faith of which, those debtors had,
in many instances, obtained credit. They added, the
privilege they claimed, was exercised by many, if not by
all the American provinces, varied agreeably to the. cir-
cumstances of each particular place, and regulated by
colonial laws, and, in some instances, by the municipal
customs, in certain liberties and franchises of Great
Britain: and as they could observe nothing in their par-
ticular constitution that could vindicate a construction,
SO injurious to the country, they could not, in justice to
themselves and their constituents, assent to it. They
took notice, that the clause, proposed by the council, was
not confined to the inhabitants of Great Britain; but ex-
tended its influence to persons, resident in other colonies,
whose effects werg thereby, guarded from attachment
for any debt they owed to the inhabitants of the province,
whose property was liable to become the subject of at-

tachment, at their suits, for any debt they might owe to
them.

~ ‘The same amendment was made to that part of the in-
ferior court bill, which related to judicial attachments;
the house resisted the introduction of it, on the ground
of its inutility; for, as the bill stood, the sheriff could not
return that the defendant could not be found, unless he
had been at his house or place of abode. The clause
appearing inoperative, the house thought themselves
bound to reject it, as its introduction would be consid-
ered, as presumptive evidence of an inclination, on theif
part, to relinquish the right of attaching the estates of
persons, who had never resided in the province; ‘a right
which, under proper regulations, would appear equita-

ble, and was essential to the well being of the colony.
¢

 

  

1773] " ‘THE NINTH. 297

They avowed it, as the sense of the house, that, by the

laws and customs of Great Britain, no provision was

made for attachments: that as far as they were known.
there, they existed by municipal customs, were con-
fined to liberties and franchises, governed by the particu-
lar circumstances of place and people, and so essentially
local in their application, as not to admit of being ex-

tended by. any analogy to the province; and as they
would have to be referred, in case the amendment of the

council took place, to the laws and statutes of Great
Britain, for a remedy by attachment, the application
must, from what bad been observed, be altogether nu-

gatery and fruitless.

They expressed their belief, that the judges of the
courts of law, zealous for the welfare of the province,
would give a liberal construction to the clause proposed ;
but, by the laws in force, their decisions would be con-
fined and fettered. With this restriction, the house
thought, no legal, just interpretation could be formed,

but what must operate as a denial of the benefits sought
from the attachment laws, and they thought that, to se-
cure so important a privilege, the mode of exercising it
should be grounded on certainty, the law positive and

express, and nothing left for the exercise of doubt and

discretion.
They mentioned, as a circumstance that could not

have escaped the notice of the council, that the law was
to continue in force for six months, and from thence to

the end of the next session of assembly ; and in the
manner in which the house had passed the bill, it was

incumbent on the creditor to give his foreign debtor
notice for a twelvemonth, before he could bind his

effects by attachment: so that it was left altogether in
w. caro. i. 38

 

 

 

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298 CHAPTER (1778

the power of government, to prevent this law having
eny effect whatsoever, with regard to foreign debtors, by
putting an end to its operation, before twelve months
(which must necessarily be the case) or a longer time
expire.

The house bore the fullest testimony to the necessity
ef courts of law; and the many disadvantages which
must arise from a failure of a due distribution of jus-
tice, on the criminal side, they observed, were too ob-
vious to be mentioned; they hoped, the council would
equally feel for the honor and interest of the province,
and conscious of the benefit that had been derived by
the people, from the right they had hitherto enjoyed, of
attaching the effects of foreigners, they would not part
with a provision, grounded on the principles of mutual
and reciprocal justice, the privation of which must ne-
cessarily destroy that confidence and credit to foreigners
and the neighboring colonies, upon which the trade and
prosperity of the province depended.

“The council rejected the superior court bill; the in-
ferior court bill passed, but the governor withheld his
assent from it. :

A claim being presented to the house of assembly, for
services stated to have been rendered the province, if
running the late dividing line between the province and
South Carolina, the house resolved, that, as the last as-
sembly had so fully expressed the sense they had of the
injury that would accrue to the colony, should the line
they proposed to be run be carried into execution, and
as the house were actuated with the same sentiments,
they could not, by any means, consider any person em-
ployed in that service, as the servant of the province,
and. consequently could not think him entitled to any

1773)

 

THE NINTH. 293,

allowance from the province, for any aid in the execu-
tion of a measure, SO detrimental to its interest,

The house directed the committee of correspondence,
to instruct the agent of the province to push the applica-

tion concerning the liberty of importing salt ron il

‘bon into the southern provinces, with the aid other

agents; to endeavour to obtain some beneficial altera-
Ld

tions in the present laws relative to naval stores, such as
aliberty of proceeding to other ports of Europe, after
touching at any port of England, and offer made to the
navy, and also the liberty of conveys naval een of
any of the islands in the West Indies, in time of peace ;
both regulations to be menue to the control of the trea-

on apprehensions oi war,
ane bounty on timber and staves, and to re-

+ so as to suit American timber, the present di-
en from the timber in Germany ; to

represent the particular distress and situation of the af-
fairs of the province, especially as to the want of a cur-
rency, or other

or executions satisfied ;

the present

entirely con

in no way affecting
sidered as an internal regulation ; and to

deavours to, prevent

the establishment of courts;
rea

Jowance of that acts, the

&c. 3; to procure a con”

— =

medium by which debts could be paid
and that it was on these grounds

valuation law had been passed ; that being
fined to the inhabitants of the province, and

British property, it was to be con-
et use his best en-

the repeal. of it; to recommend to

i , the act, with the suspending clause, for
bi BSR to furnish bim with the

sons on which it was passed, and to direct him, im-

: . 4 . : :
mediately and remittingly to apply for the king’s 4
tai ee province having the melancholy

prospect, ull his pleasure was known, of continuing

———
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4

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800 CHAPTER [1778

without court laws, exposed to every dreadful circum-
stance that may attend the want of them.

To enter at large into the proceedings on the bill for
continuing the superior court act for six months, and
the great and important reasons that induced the house
not to comply with the propositions made them concern-
ing original attachments ; that the house conceived they
had fully guarded the property of new residents, by the
clause proposed in the law sent home, and that so im-
portant did this matter appear to the province, that they
could not think, by any means, of giving it up, and they
submicted themselves and the unhappiness of their pre-
sent situation, to the king’s paternal goodness, not doubt-
ing but they would meet relief; choosing rather the mis-
fortune of a temporary deprivation of laws, than to form
a system whereby they might be left without any re-
medy on that point. :

To explain to him the reasons, on which the expenses
of running the southern boundary line, were not paid ;
‘that, in case another line should be ordered to be run,
after weighing the complaint of the house, they would
cheerfully answer the whole expense.

That as lord Granville’s office had been shut for seve-
ral years past, to the great inconvenience and grievance
of the inhabitants of his territory, the agent might be di-
rected to use his utmost endeavors, at the several boards,
to induce the king to purchase the title of lord Granville,
and that the lands in that part of the province, might be
holden of the king, as in the others, —

the house came to a resolution, ném. con. that the
right of attachment of the effects of foreigners had been
long ‘exercised by the inhabitants of the provinee, in

Sommon with the other provinces in America, and se-

H. 301
1773] THE NENT

veral trading cities, liberties and mene “ ine
tain; that it had been found greatly beneticia ~ et a
and commerce, and the security of the property E

viduals, and that the house could not, by any ‘nocd a
rhe ‘ ic

of theirs, relinquish this right, without at the tute

abandoning the interest of their constituents an

d happiness of the province.
a They died their clerk to cause this resolve to be

published, withall the messages that had passed bet ween
the two houses, in all the gazettes of the province, and

of Virginia and South Carolina.
Aah "act was passed, for the encouragement of the

manufacture of pot and pearl ashes, by a bounty of ok
shillings on every hundred weight of the former, *
fifteen of the latter; and‘ town was established on the
south side of the north-west branch of Cape ri river,
in the county of Bladen, which was called Elizabet rt
On the sixth of March, the governor prorogued the

i ; at the expiration of that short
legislature for two days; at t :
betiods it appeared, that so many of the members of the

house of assembly ha returned home, ren sare or not
remain a majority to constitute a house ; frig vt a
mained, refusing to proceed to business, ti tne if
could be procured ; the governor, being In

this, sent a message to the speaker, informing him, that,
according to the king’s instructions, fifteen members

Were a quorum, and desired that the speaker might forma
a nial with that number; the speaker replied, that the
memibers in town were of opinion, that it would be in-

Covdistent with their’ duity to their constituents, to legis-
se
late,“utiless a majority of the members of the hou

Were ii: their seats. | The governor issued his procla-
Mnation, dissolving the assembly.

   

 
 

 

a CHAPTER C1775

The province received a considerable accession to its
population; three hundred families arrived at Wilming-

ton, from Scotland; they went up to the vicinity of

Cross creek, and settled near the place occupied by thos
of their countrymen who had adhered to the pretendet,
and had left home about a quarter of a century before.

"The ordinary courts of justice being now shut, the
governor issued commissions of oyer and termine?
for the dispensation of justice, in criminal cases: in civi
ones, no remedy could be devised.

In the month of June, the governor received and
soon after, communicated by proclamation, the king’
instructions, restraining the governors of the America?
provinces and plantations, from granting any warrant
of survey, or passing any patent for lands, without his
special direction, except in favor of the officers, nom

commissioned officers and soldiers entitled thereto ul
der the king’s proclamation of the 7th of October 17 63)
allowing persons, whose titles were not perfected to
withdraw their entries, receiving back the money i
or wait and retain their right of priority. er
In the fall, accounts reached the province that the
court bill had received the king’s disallowanors and the
governor was informed, that provision might a allowed
by law, for attachments in cases, where the cause
action arose within the province: due proof being

before the writs issued, in judicial as well as in. origin

attachments, that the debtor had absconded, to avoid the
f

payment of the debt, and that the ordina 0
law could not be. served: cg acntiy =
diction of the superior, and the extension of that of
inferior courts, were deemed totally inadmissible. Pt
was authorized to allow the jurisdiction of the jnferio

1773) THE NINTH. 303

courts, to the amount of twenty pounds, with an appeal,
itn cases of the value of five pounds or more; where the
titles of land and the rights of the crown, were not drawn

into question.
The legislative body was convened, and met at New-

bern; on the 4th of December. After ynforming it
of the fate of the court pill, thegovernor apprized them of
i n which they might expect his assent to

a new bill. He pressed upon them, the expediency of
ing honorable salaries to
the judges:

“He said he was authorized to state, that the
rules which were insisted on, in regard to attachments,

were those by which this kind of process was regulated,
in the commercial cities of England, and other parts of

Europe. He recommended, that proper compensation
might be provided for the services of the officers of jus-
tice, in attending the courts of oyer and terminer,

¢ of a court law had imperiously called

which the absenc!
for; and reminded them, that it still remained with them,
s intentions, towards

to render effectual the king’s graciou
the people, concerned in the late insurrection.
The house of assembly, in their answer, bewailed, as

which added pungency to the distresses

a circumstance,
of the people, that there was so little expectation of
ition of government.

relief from the interpos
in their. principles and prac-

They added, that, loyal in
tice, and zealously attached to the constitutional powers

over them, they had been ready, on all occasions, to tes-
tify their obedience to every salutary measure, which the
king, through his governor, had been pleased to recom

mend to them; and ruled by the same sovereign, and

equally entitled to the blessings of the British constitu

thon, with the rest of their fellow subjects,

they claimed

   

 
304 CHAPTER [iris

a/security for their properties, essential to their com-
mercial interest, and uniformly enjoyed by the rest of
the” inhabitants of the’ other British provinces on. the
continent. ;

They: observed, ‘the ‘idea of foreign attachments was
inseparable from a trading people, and under the formef
happy constitution of the courts of the province, it gave
credit to its inhabitants and secured to them the confi-
dence of their neighbors, and the alteration, which was
proposed, could not be considered as an adequate reme:
dy for the mischiefs, which it was the purpose of theif
process to obviate, and such as they could not, in duty
to themselves and their constituents, adopt.

They said, these sentiments were freely expressed,
from an eminent desire to expedite the business of the

session, and to prevent the delays which might arise
from reserve.

They asserted, that the power of issuing commissions
of oyer and terminer and general. jail delivery, delega-

ted by the king to his governor, could not be exercised —

without the aid of the legislature of the province. Cav
lamitous as the circumstances of a people might be,
from the interruption both of criminal and civil juris:

diction, the house judged the misery of such a situa -

tion vanished in comparison with a mode of redress;
exercised by courts unconstitutionally formed, and it
was a blessed particularity of the British code, that
civil and criminal jurisdiction had its foundation in the

laws of the land, and was regulated by principles as
fixed as those of the constitution.

They concluded by declaring their unwillingness

make provision for defraying the expenses, attending 4
measure which they could nét approve.

 

 

305

The speaker laid before the house a letter from the
speaker of the house of burgessess of the Province of
Virginia, enclosing a copy of the resolutions of that
house, dn the 12th of March last, witha request thata
committee might be appointed to communicate from
time to time with a committee by them, then appointed;
also letters from the speakers of the lower houses, in sev-
eral provinces, expressing their approbation of, and
concurrence with, the resolves. Whereupon the house
came toa resolution, that the vigilance, displayed by the
house of burgesses of the province of Virginia, in at-

"tending to every encroachment upon the rights and lib-

erties of America, and the wisdom and vigor with which
they had always opposed such encroachments were
worthy the imitation and merited the gratitude of all
their sister colonies, and in no instance more particular.
ly, than in the proposed measure of appointing commit-
tees of ‘correspondence, by which communication and
harmony will be established among them, that they
will be at all times ready to exert their earnest efforts and
strenuous endeavors to preserve and defend their rights,
of late systematically invaded. i
John Harvey, the speaker, Robert Howe, Cornelius
Harnett, William Hooper, Richard Caswell, Edward
Vail, John Ashe, Joseph Hewes, and Samuel Johnston,
‘were appointed a standing committee of correspondence
and enquiry. They were instructed to obtain the earliest
and most authentic intelligence of all such acts and reso-
lutions of the parliament, or proceedings of administra-
tion, as might relate to the colonists and to maintain @
communication with the ,other provinces, ‘They were
further instructed, without delay, to inform themselves
particularly of the principles and authority, on which
N. CARO. II. 39

‘

         
      
          
     

     

= lt

SS a eee ee

=

Be: a
aes

 
    
      
    

 

  
  

16 CHAPTER [1773

was constituted the court of enquiry, said to have been
of late held in the province of Rhode Island, with
power to transport persons, accused of offences
committed in America, to places beyond the seas to be
tried,

The speaker was desired to transmit a copy of these
resolutions, with a respectful answer, to the speaker of
the house of burgesses of the province of Virginia, and.”
acircular letter of thanks to the speakers of the several
houses of assembly, who had so spiritedly adopted the
patriotic resolutions and measures of the house of bur-
gesses of the province of Virginia, for their obliging
communications to the house.

The house took in consideration the acts of 1748 and

1754, imposing a poll a tax and duty for the redemp-
tion of the paper currency then emitted, came to 4
resolution, that the laws had had their effect, and the tax
and duty ought to cease; they directed a bill to be brought

for this purpose.
The house refused to admit Henry Irwin, who was

clected as a member from the town of Tarborough, t?
which a charter, authorizing the election of a member
had lately been granted by the governor. ‘The refusal
was grounded on the principle, that the town did not
contain sixty families, as required by the act of (1715,
and had never before been represented.

The governor, in answer to the address of the hous
said it was impossible for him to express the concern he
felt, in receiving from one of the branches of the legis!-
ture of the province, professing to be dutiful and loyal
subjects, an address, which he wished not to think, in
decently arraigning the justice of his sovereign and
his government; especially while, with the most friendly

«
beneficence,

 

     

[1773 THE NINTH. 307

all the blessings of the British constitution
were held out to them, their wishes indulged, in regard
to the mode. of proceeding against debtors, which
they lament to-have so much at heart, as far as could be
done, without violence to’ their sacred and venerable

fabric. :
He observed, that the inconsistency of the proceed-

ch formerly obtained in the pro-

ings by attachment, whi
destroy commercial credit and

vince, their tendency to
confidence, and their obvious repugnancy to the par-
e framed for their preser-

ticular statutes which wer ‘ 4
vation, upon the most liberal principles of equity an

universal justice, might be presumed to be the grounds

of the restrictions, proposed by government; restrictions
which he could take upon himself to affirm, were never
designed, ungenerously to distinguish the province from
its neighbors, but founded on the essential policy of as-
similating the constitution of the colonies, to that of the
mother country, and supported by the well known and
generally received maxim, that. the convenlency of par-
ticular members should yield to the general interest of

the state.
He said he had se

resolves on the journal of the
seemed to think, had an apparent tendency to sap the

foundation of the constitution, by cancelling that assuit-
ance of protection, the first great bond of the subject’s
He added, that, if the doctrine they had
first broached, that the aid of the legislature of the pro-
vince was necessary to any legal administration of jus-
tice, could be received, it would follow of consequence,
that a branch of it, declining to adopt any system, could
unhinge the state, and dissolve all those solemn ties,

en, with real concern, intemperate
house, one of which, he

allegiance.

 

 
 

 

308. CHAPTER [47738

which, according to the British constitution, or form

of government; happyly and wisely gifted, reciprocally
bound the sovereign and the subject in each other’s mu-
tual interest.

He observed, he was perfectly satisfied of the legality

of the measures he had pursued for the public. good,

which had been, immemorially, recommended and never
before authorized. He rejoiced in their salutary effects,
and was willing to submit their expediency to their can-
dor, when they should reflect sthat, at the forced and pre-
cipitate conclusion of the last session, the province was
left, by the legislature, destitute of any establishment for
the distribution of justice: naked, defenceless and ex-
posed to every injury; happily for the province, then
consigned to rapine and disorder, there resided in the
prerogative, a power to shield the subject from the hand

of violence. Its protection had been sought and im- —

plored, and many parts of the province bore testimony
to its wholesome influence.

The power, which had saved the province from the
last state of confusion, with which it was threatened, and
which the house had condemned, he said it would be his
duty to exercise, as well as every other constitutional
authority, entrusted to him by the king, whenever the
security or welfare of his subjects would require.. He
lamented his disappointment, in the hope he had enter-
tained, that the house would have thought it an indispen-

: to have made a reasonable compensation to
the judges and other ministers of justice, to whom the
public are so much indebted; he doubted not, that since

 

we
1773) THE NINTH. 3

beseeching the house calmly to consider the unhappy
State of the province, how much its prosperity depend-
ed on the present measure, and how much it was incum-
bent on them to promote it. ia

The house prepared a court bill; but the council intro-
duced into it such amendments, as were recommend-
ed in Great Britain. . The house of assembly refused to
concur with those alterations, and addressed a message
to the council, in which they promised that, ever atten-
tive to the faithful discharge of the important trust re-
posed in them by the inhabitants of province, the house,
in the conduct of every public measure which, dur-
ing the session had been submitted to their delibera-
tion, had in view the interest and happiness of their can-
stituents, as the grand object that ought to govern their
determinations; appointed by the people to watch over
their rights and privileges, and to guard them from eve-
ry encroachment of a public or private nature, it became
their duty, and would be their constant endeavor, to pre-
serve them secure and inviolable to the present age, and
to transmit them, unimpaired, to posterity. They stated,
that they had given the court bill the attention it requir.

ed, without suffering private interest, passion or preju-
- 2 .
dice to intrude upon their enquiries; conscious, from

 

‘their late melancholy experience, of the unhappy conse-

quences, attending the extinguishment of the civil and
criminal jurisdiction of the province; dreading the con-
tinuance of the calamity, they sti} submitted to suffer
only to avoid a greater misfortune; lookiug back upon
past grievances, without reproaching themselves aa
being the cause of them, and trusted, that an impartia
world would do them the justice to own, they contended
for nothing more, than what they had lately enjoyed in
 

= CHAPTER [1773

common with the rest of the king’s subjects in North
America, ©‘ .

The right of foreign attachment, they said, was exer
cised by their sister colonies, with every latitude requi-
site to promote their commercial interest, and to secure

the property of the inhabitants; it was a right essential t0

every system of police and a security, inseparable from
traffic. In a province, situated like North Carolina,
where trade was the vital principle of the constitutio”
every circumstance, which placed the people on a more
unfavorable footing than their neighbors, was to enrich
the latter at the expense of the former, and build the in-
erease of the trade of the one on the ruin of that of the

other, and the house needed but to look to the colonies;

adjoin; ‘ ,
ip Pig them, to discover the invidious distinction

at to find cause to regret, that, with equal merit, they
ad been less the favorites of government.

They expressed themselves fully sensible in the ap-_

ee to the king, that the act, passed at the last ses-
cst or establishing courts of justice, reserving to the
at MANGE): A Its due extent, the right of attachment, had
ailed to obtain the king’s c ; :
ye’ King’s concurrence; they lamented
success of their endeavors, but still flattered them-

selves, that their sovereign was not inexorable and that

ft os still lend an ear to the just complaints of his
“ ful subjects. ‘To despair from obtaining relief from
hig meas they were now laboring under, would b¢
Pe peac the justice of the British government, and ?
istrust the virtues of their king and father: and to si!
patiently down, i eat :
a ‘ n, in an humble acquiescence, under the
enial of @ security by attachment, would be to render
themselves unworthy of his royal interposition, and 4”
eee resignation of the rights of subjects, and a vi0-
ation of the duty thcy owed him, as the royal protecto?
of them.

1773] THE NINTH. 311

They manifested their intention of addressing the king
i d hoped, that the council,
equally jealous of the happiness of the province, would
heartily concur with them, in a measure that promised
the greatest probability of being accomplished, although
their opinion might differ from that entertained by the
house, and should be happy to find, that no passion, no
private motive, influenced the consultations of the coun-
cil; but that, with candor and moderation, they pursued
the same object, though by different means.

They expressed their confidence, that, in amending

the bill, the council had paid a strict attention to the
e king to the governor; but the house,

plan proposed by th
the most important branch of the legislature, could not
conceive that the attachment clause, as proposed to them,

medy equal to the evils it was intended to obvi-
imits, within which an attachment, so re-

strained, could only operate, were too confined to render
that process beneficial ; the oath prescribed, as a neces-
sary previous requisite, rendered it unattainable by every
ene who was nota stranger to the pleasing influence of
truth and honor, and subject to perjury ; to swear that a

man absconds tu avoid the payment of debt, wasto pry into
the secret movements of the human heart, and to assume

a province, not short of inspiration. The house could not
regard the approbation of the council, obligatory upon

their assembly, and whatever migh: ensue from the dif-
ference of opinion, it would. not be difficult to decide,

whether the calamity ought to be charged on the house,
contending for a right, which the inhabitants of the pro-
vince had for a long time beneficially exercised, or to
those. who urged an innovation on the constitution,
which was to deprive the people of what they had so long

enjoyed unimpeached.

gave a re
ate; the |

 
 

 

#

312 CHAPTER {1773

The house heartily acknowledged for themselves and
their constituents, the necessity of court laws, and with-
out anticipating the horrors of a desertion of the inhabit-

~ ants from the province, and the extinction of its name and

political existence, they experienced in its present un-
happy state, sufficient to induce them to wish for 4
change, upon legal and constitutional principles.

They observed, that the rules of right and wrong, the
limits of the prerogative of the crown and the rights of
the people, being well known and ascertained, to ex-
ceed either of them was highly unjustifiable : and were
the attachment law, as hitherto enjoyed, as a small ad-
vantage, compared with that of having court laws, as
the council contended it was, the right of the people to
it was equal to the right to a more important object; in
the smallest, it was bartering the right of the people for -
a present convenience; in a greater, it would be the
same crime, aggravated only by its circumstances.

They took notice with surprise, that a doctrine, main-
tained by a former house of assembly, was now adopted
by the council, who disclosed as their opinion, ,that ate
tachments ‘were not known to the common or statute
laws of England; they then asked, what did govern-
ment tender to the people, when it proposed to the last
assembly a mode of attachments agreeable to the laws
ef England.

They added, they would assert, on all occasions, the
necessity of attachments, in the manner the people had
lately enjoyed them, in point of expediency as well as of
right, and viewed in the scale of relation to the private
dealings between subject and subject, it had every ad-
vantage that could be reasonably sought, as the trade of
the province and its neighbors was principally confined

1773] THE NINTH. 319

to the mutual and private intercourse mentioned by the

»

council.
With regard tothe allowance to the chief justice and
attorney general, inserted by the council in the bill, the
house answered, it was’ the undoubted privilege of the
people, exercised by their representatives, to make a dis-
position of their own moneys ; the interposition of the
council, with respect to such a disposition, could only
be considered as an infringement upon the rights of the
people, and an. open violation of a fundamental principle
of the constitution. Sensible of the importance of the
judicial. character, and desirous to provide for those
whom-government might think proper to invest with it,
in a manner-worthy of the acceptance of men of integrity
and eminence, the house: said, they conceived the bill
for regulating the fees of the chief justice, to be a pro-
vision not-adapted to the circumstances of the province
of to the dignity of the office, and they admitted, that a
dependence on, the precarious increase of decrease of
suits, and the uncertainty, which attended the collection
of fees on them, created an inconvenience which they
felt desirous of obviating: and when the king would
be pleased to appoint judges, during good behaviour,
they would show the most sincere gratitude for this ad.
vantage, both in their profession and practice; by: giving
a perpetual salary to su ch officers, as would do hones to
the appointment; in the mean time, they could only
think of making such provision for the chief justice,
judges and attorney general, as should appear suitable

to the circumstances of the province,
They concluded by observing, that the sentiments

which ruled the conduct of the house, were submitted
as circumstances, which, if they could not induce the

N. CARO. Il. AQ

 
14 CHAPTER uns 4773] THE NINTH. sib

province of New-York, who, happily for the country,
had for many years presided. over it, and of whose
wishes for its welfare they felt the fullest conyiction,
transmit him the address to the king, and request that he
would forward it, support the earnest solicitations of the

house with his interest and influence, and accept the im-
portant trust, as a testimony of the great affection the

province bore to, and the great confidence they re-
posed in him.

When the house arrived at the palace, the governor
told them, he had seen with infinite concern, so much
time consumed by them and so great an expense incur-
red by the public, that he thought their longer attend-

country must be reduced, should the proposed restric- ance of no purpose, while they refused to adopt any
plan for the due administration of justice, to which he

tions be continued, they had felt it a duty, which they cS
owed to themselves and posterity, to Py expedi- had jé-in chis:powes "9 é a - sel pare are
ent to prevent it, and, therefore, a committee was ap- them fully naan pee: ok ” spate? d ea « 1
pointed to prepare a dutiful address to the king, humbly laid: upon his,conduct, winich he was sure i 0 ‘
> soliciting him to withdraw an instruction, which, how- penne nnerwre
ever equitable it might appear to his royal mind, ever
attentive to the interests of his people, was so ill adopted
to the circumstances of the province and to its comme!
cial interest, as to render its operation extremely injuti-
ous to both; and to allow his governor to pass a law,
which, though suited to the policy of the province,
might be so framed, as not to be in any manner injurious

council to alter their determination, would, to that body
and the world, afford the fullest conviction, that the hous¢
were sincere and determined in the measures they had
adopted, and from which, in their judgment, they could
not depart, without a breach. of faith to the public and
debasing their legislative character.

Soon after the meeting of the house, on the next days
the secretary brought a message, to require their imme-
diate attendance at the palace.

Before they moved, they came to an-unanimous reso-
lution, that, having considered the king’s instructions to
the governor, in regard to the process of attachments,
and sensible of the deplorable situation to which the

culated by government, on t

tion, for the welfare of the people.
He desired the members to appeal to and consult their

ents, to state to them with candor the point for
and apprising them that the king
had been graciously disposed to indulge their wishes, as
far as was consistent with the principles of the constitu.
tion and the interest of all his subjects; then to.ask them,

to the interest of Great Britain, which his faithful sub- whetber they wished to relinquish all the blessings, all

jects of North Carolina thought it their highest duty the advantages and. all the security for their lives and
promote, property, which resulted from the regular execution of

The committee were instructed, in order to convey the laws of the province, for the contention for a mode of

the address, in the most respectful manner, to the sove- proceeding against debtors, applicable only toa anid
reign, and as the most effectual means of promoting its lar. case, which was in itself unconstitutional, and which,

success, toaddress William Tryon, the governor of the if it could be obtained, would not avail one person mn a

constitu
which they contended,

 
 

316 “CHAPTER {1774

thousand among them; he expressed his belief, that, if
these facts were fairly represented to the people, they
knew too well their own interest, to make such a sacti-
fice, or to approve the conduct of the house.

To give the members such an opportunity, he pro-
rogued the assembly, to the first day of March.

On meeting the houses, after this short recess, the go-
vernor told the assembly, he presumed they had returned
fully informed of the sense of their constituents, in re-
gard to the difficulties which had arisen concerning the
court laws, and which had unhappily rendered the tw0
last sessions abortive ; and he should rejoice to find, that
itinclined the representatives of the people to accept the
modifications, in regard to the process by attachment,
which he had proposed at the last session: but if, con-
trary to his wishes, they were still deemed inexpedient,
he had that confidence in regard to the house of as
sembly, which induced him to hope, they would no
longer make the obtaining of a point, which they knew

it was out of his power to yield, the indispensable condi-
tion of passing laws for the general administration of
justice, in comparison of : which, the matter contended
for, allowing it all the utility and importance that its
warmest advocates ascribed to it, was of very little
consequence. uh

He added, that the law of attachment in every colony,
as far as he had been able to inform himself, made no part
of the several plans for the adminstration of justice; but
was in all a separate and distinct provision; and from its
having been for a small number of years woven into
temporary court laws in the province, it did not appear
to him necessary or expedient, that it should still re-
main Incorporated in the fundamental constitution, and

1774] THE NINTH. B17

‘he flattered himself, the house would with him, think it

incompatible with every idea of good policy to re-
nounce every security of the public peace, credit and
happiness, every protection of the lives and property of
a whole people, for a circumstance so clearly, so con-
fessedly unessential. He added, he was not authorized
to propose any thing new on the subject, and drawing
the attention of the houses to the late barbarous murder
of a’store keeper on Cross creek, in the county of Cum-
berland, which appeared to be a prelude only to scenes
more flagitious and tragical, if the hand of justice con-
tinued longer disarmed, urged them to lose no time in
rescuing their country from distress by the re-establish-
ment of its courts.

The house replied, the; had came to the last session
fully possessed of the sentiments of their constituents;
they had however appealed to them again, consulted
them and stated, candidly, the point for which they con-
tended, and informed them how far the king was dispos-
ed to indulge their wishes, disdaining any equivocation
or reserve that might leave them ignorant of the con-
duct they had pursued or the real motives which had
sfluenced it; and they had the heartfelt satisfaction to
inform him, that their constituents had expressed their
warmest approbation of the late proceedings of the house
and had given them the. most positive instructions to
persist in those endeavors to obtain the process of foreign
attachment, upon the most liberal and ample footing.

Under these circumstances, they added, were they to
adopt the modifications, proposed to them, they should
violate the sacred trust the people had reposed in them,
and disregard the line of duty, marked out for their con-
duct; the people were too sensible of the importance of

 

 
 

318 CHAPTER [1774

preserving that security in trade, which they had hitherto -

enjoyed, and knew too well their own interest to make a
sacrifice of it, or to condemn the conduct of those who
had exerted their utmost endeavors to retain it unim-
paired.

They admitted, that in many of the colonies, the
laws which governed the proceedings by foreign at-
tachment, were detached from those which formed the
general plan for the distribution of justice; but took
notiée that they were not, therefore, less secured to the
inhabitants, they had equally the sanction of government,
and were as permanent in their duration, as the court
laws on which they necessarily depenpended; and when
these colonies had made provisions for these purposes,
by two distinct laws, they possessed the fullest assur-
ance, that government would not deny its assent to
either.

They assured the governor they would use their best
endeavors to lessen the calamities the province suffered
from the licenciousness of manner which was the con-
sequence of the occlusion of the courts; thinking, that
although the best of human institutions had been found
unequal to a perfect prevention of crimes against the
peace and security of mankind, the most barbarous mur-
ders having been sometimes perpetrated under the best
regulated police, it was their duty, and they should not
fail, to propose the best plan for the administration of
justice, in criminal cases, that the circumstances of the
delay would admit; which would have been effected at
the last session, had it not been for the unexpected and
precipitate manner in which he had been pleased to put
an end to it.

   
 

1774) THE NINTH. 319

The governor observed, that if by telling him, per-
haps with great exultation, that the people had approv-
ed of the conduct of the house, and instructed their re-
presentatives to persist in their endeavors, the idea was
intended to be conveyed, that the distressed state of the
province was to be continued; because he had it not in
his power to comply exactly with all their wishes in re-
gard to a mode of proceeding, in some very material
points peculiar to the province, which was holden by
many to have been unguarded, too open and applicable
to fraudulent and oppressive purposes; he could no more _
enter into the policy of sucha plan of conduct, which,
in his opinion, was without precedent, than he could help
dreading the people would soon feel they made infinitely

too dear a sacrifice.
~ As he has reason to believe opinions prevailed, but too

generally, that government designed by the resolutions
proposed concerning attachments, to put the inhabitants
of the province upon. a footing of disadvantage with
respect to the rest of the king’s subjects; he said it be-
came his duty to prevent, as far as possible, the ill ten-
dency of so unjust, derogatory, and ungenerous appre-
hensions. He therefore pledged most solemnly his honor,
that there was nothing more foreign to the royal inten-
tion than so injurious a distinction of the province, and
that the same benefit of the process of attachment, and
every other provision would be allowed in the province,
that was held by the people of Great Britain, if the colony
did not render itself less deserving of the royal favor. He
assured the house, that if he could entertain a belief, that
the colony was by any measure to be deprived ofa oy:
ilege, or advantage, common to the rest of the king s
subjects, it would be as hurtful and humiliating to him

 

 
   
 

320 CHAPTER [i774

as to them, and he should consider it his duty to labor
against it with all becoming zeal; a subject like them, he
prized as highly the rights of that condition, and should
as impatiently feel any violation of them, against which
he owed them his thanks to providence, that there was
a sure defence in their governor’s justice and sacred.
regard for the British constitution.

He left it to their calm reflection to decide, how fat
he was chargeable with precipitation in’ the conclusion
of the last session; he had waited with patience and long-
ing desire to sce measures taken for the deliverance of
the country from the evils that impended:it, and when
he found, that the house insisted on provisions which
his duty forbade him to admit, in the court bills, he had

_ prorouged the general assembly, with the hope that, at a
future period, in another temper, and after mature con-
sideration, the house would propose a measure more
conducive to the happiness: of their country. It was
with this expectation now that he met them, and he_

prayed, thathe might not be disappuinted.

~ He concluded, that, asa point of duty, he had always
made the fairest and fullest representations to the king’s”
servants of the transactions of the province, and he had
fulfilled, unsolicited, every expectation that could
be reasonably formed, from his heartfelt expression of
regard to the welfare of the province, by collecting with
much pains and industry, every light and information
within his reach, fron: the laws of attachment in the other
provinces, that could serve to illustrate the point insist-
ed upon, and by communicating them to the secretary
of state.
A bill having passed the house of assembly, for
the establishment of superior courts, the council,

    

1774) THE NINTH. 321

on the third reading of it, proposed that the part of
it which related to attachments, and the clause re-
pealing the fee bill of 1748, be made the subjects
of a separate bill; that the former, should be drawn
in such a mode as would please the house; but
both should be suspended in their operations til the
king’s pleasure be known; and that the superior
court law be limited in its duration to the period of
one year: the house refused to concur, by a majori-
ty of thirty-three, with regard to attachment, and
thirteen as to the fee bill. This is the first time that
the yeas and nays of the members were recorded

in the journal of the house.

In a message to the council they complained, that
nothing more favorable to the inbabitants of the pro-
vince was offered, than what they had rejected at
the last session: they said, they could not think of
having the important point, for which they had so
zealously and so justly contended, in a situation

which would not afford the smallest probability of
their obtaining it hereafter, on the ample and liberal

footing which the trade of the province and its rela-
tions with the neighboring provinces required; nei-
ther could they abandon the clause, relating to the
fee bill, the remuneration contemplated therein be-
ing precarious, and ill suited to the dignity of the
chief justice, while there was a law providing a
handsome. salary on its expiration, for which they
should not fail liberally to provide.

The council, in reply, urged the house to recon-
sider the bill, and expressed their hopes, iat, from
the wisdon and virtue of the representatives of the
people, something might yet rise to stay the ruin

N. CARO. I. 4}

     
       
        
 
     
   
   
   
   
   
 
      
 
     
 
   
 
      
   
     
         
 
      
   
   
   
     
      
 
     
   
   
     
   
   
   
   
 
      
     
       
        
 
   
     

 
 

322 ' CHAPTER [i774

of the country, They repeated, that, in regard
to attachments, they had claimed, and adopted all
that was ever enjoyed by the king’s subjects in Eng-
land, and they apprehended, that every step beyond
the limits of the British constitution, would lead to
error, fraud and injustice; and, considering the
fee bill of 1748, as a solemn grant, from the legisla-
ture, of certain fees and perquisites to the chief jus-
tice, as a reward for his services, they could net re-
concile it to their ideas of equity and justice, to take
from that officer this permanent security for his sup+
port, without allowing him an equivalent: neyerthe-
less, as they were willing, as much as possible, to
remove every difficulty from the establishment.of the
courts, and as some sacrifice was to be made, when
so much good was to be obtained, they repeated
their offer to concur in a separate bill, for the re-
peal of the fee act, with a suspending clause.
'. "They objected to the limitation of the jurisdic-
tion of the superior court, thinking it reasonable,
that all the king’s subjects, should be left at liberty
to sue ‘in either court; and inconsistent to give, in
one and the same bill, to the superior court, all the
powers incident to the king’s courts at Westminster;
and, at the same time, to limit its-jurisdiction in a
manner, unknown to those courts.
'. They concluded that, if what they had. offered
was still thought inadequate to the views of the
house, they could go no further, and must leave the
rectitude of their intentions to be decided at some
futyre period, when the ardor of the contest should
have subsided, and the arguments, offered by the
houses, should be impartially weighed.

1774] THE NINTH. 323

The house reconsidered the bill and proposed a
proviso, confining the process of attachment to
cases in which proof of the defendant absconding,
with the intention to avoid the payment of the debt,
so far as his intentions could be judged, from cer-

- tain circumstances, Which should be considered as

evidence of such an intention. These circumstan-
ces were stated to be, in case of a debtor, residing
out, or who had never been in the province, neglect
of payment, in other cases, his private see 908 out
of the county, or concealment, in the creditor s be-
lief, from the ordinary process, to avoid payment:
the process was also confined to cases in which the
cause of action, by the most liberal construction, in

favor of the creditor, inhabitant of the province,
eould possibly be construed, to have arisen within
it. :
i They refused to: concur with the council, as to
the fee act of 1748, or to strike out the clause, lim-
iting the jurisdiction of the superior court, thinking
that to leave the creditor at large, to bring his ac-
{ion for small sums in the superior court, would be
distressing and oppressive to poor debtors.
Soon after their message was read in the council,
the governor sent to that body a copy of two arti-
cles of the king’s instructions to him, which, he ob-
served, were couched in words, so express and
plain, and so pointedly forbade his assént to the bill,
with the amendments proposed by the house of as-
sembly, that he hoped the council, would think it in-
consistent with their duty to the king, to adyise him
to offend against his instructions, by passing the, bill.
In one of these articies, it was said the king would

 

 
 

ees CHAPTER Tee

not consent that the jurisdiction of his superior
court should be limited, in cases of any value what-
ever; by the other, the governor was forbidden to
re-enaet any law to which the king’s assent had been
before refused, without express leave for that pur-
pose, obtained upon a full representation to be made
through one of the principal secretaries of state, of
the reason and necessity for passing such a law;
nor to assent to any law, repealing any former law
of the province, unless there be a clause inserted in
it, suspending its operation till the king’s pleasure
be known.

The council, however, agreed to the amendment
as proposed by the house of assembly, and it
having taken place, the bill, at length, passed thelast
reading.

Before the house went to the palace, to present,
for the governor’s assent, the superior court bill, a
resolution passed, without a dissenting vote, that
the house and the council had pursued every useful
measure, in their power, to relieve the colony from
the distressed situation to which it was reduced, for
want of court laws, and, that as well by the bills al-
ready passed as by those still under consideration,
they had exerted their utmost endeavors to lessen
the present and to prevent the future calamities of
the colony.

In rejecting the superior court bill, the governor
- said, he could never find himself in a situation more
affecting to his sensibility, than when his duty to
his king opposed his compliance with their wish-
es: he had flattered himself, his open, free and
candid communication of the royal instructions and

1774] THE NINTH. 325

his repeated assurances, that his conduct must be
regulated by the sincere inclination he had con-
stantly expressed and manifested, to concur in any
consistent plan, not repugnant to those rules,
would defend him from the tender feelings that op-
pressed his heart. He besought them not to make
him any longer mourn over the miseries of the colo-
ny, with a heart felt devotion for its service; because
he was not allowed to do all they wished; he dis-
missed them for further deliberation, witha prayer
that the Almighty might guide their councils, to the
perfect restoration of the prosperity and the great-
est advancement of the glory and happiness of the

province.
The house appointed a committee to draw upa loyal

and dutiful petition to the king and parliament, praying
for the repeal of the statute, preventing: bills of credit be-
ing issued in the colonies, so far as it regarded the pro-
vince, and to allow the passage of a bill to make the de-
bentures of the province a legal tender in all payments,
and that in case it was thought improper to grant the
request of the house, the king might be- pleased to with-
draw his instructions to the governor, forbidding to
pass any law subjecting the property of debtors, taken
in execution, to a valuation, and that the house might
be allowed to pass a law similar to the late act on that
subject.

The house came to a resolution, that the power of
attaching the estates of foreign debtors was founded on
principles of the strictest equity, and was a benefit so €s-
sential to the commercial interest of the colony, that
they thought it a duty which they owed to themselves
and posterity, to retain it unimpaired, and that their not

 

 
 

= CHAPTER (1774

being able to obtain a law, for continuing this power to
the inhabitants of the colony, was the source from which
its present distresses were principally derived; that the
late superior court bill, as it had gone from the house on
the third reading, appeared to be well fitted to the policy
of the country ; reserving to the colony the power of at-
taching the effects of foreigners, and, at the same time,
guarding against anv possible injury to debtors residing
abroad; that an extension of the jurisdiction of inferior
courts would be of great benefit to the colony, and that,
th refore, it was the duty of the house, to endeavor to
obtain the king’s permission to extend it.

The house appointed Thomas Barker and Alexander
Elmsley, to carry the above resolves into effect.

Laws were passed, for establishing inferior courts, and
a court of oyer and terminer, to be holden semi-annually
in each of the judicial districts, by the chief justice, or
in case of his inability, by justices, appointed by the go-
vernor ; jurisdiction was given to these courts, over the
decisions of the inferior courts, by writs of error or ap-
peal ; the jurisdiction of the county court, was confined
to causes of no less value than five pounds, nor more
than twenty pounds; both acts were to continue in force
only till the end of the session of assembly, after one
year.

The recurrence to the press, for the supply of a cir-
culating medium, in time of need, had been so frequent
in the province and the neighboring ones, that the rapa-
city of the counterfeiters was excited, and their success
had been so great, that they had supplied a considerable
portion of the paper in circulation. It was judged ne-
eessary, in order to check their progress, to make this

kind of imposition a felony, without the benefit of
clergy.

1774] THE NINTH. 327

_ Doubts having arisen, whether slaves, being consi-
dered by the laws of the province, as things notas persons,
the maliciously killing of a slave was legal murder, an
act was accordingly passed, making the first commis-
sion of this offence a misdemeanor, punishable by im-
prisonment only; a repetition of the offence was recog-
nized as murder, and punishable, as in the case of the
destruction of a white man.

A new county was formed out of the northern part
of.the county of Tyrell and the southern part of that of
Halifax, to which the name of Martin was given, in
compliment to the chief magistrate,

The house came to a resolution, that the poll tax and
duty:on liquors, laid in the years 1748 and 1754, for the
redemption of the paper currency then emitted, ought
lorig.ago to have ceased ; that the house had frequently
passed bills to repeal the clause imposing them, and
their not being able to obtain a law for that purpose, was
do great grievance to the inhabitants of the province and

Oppression to its trade.
“The treasurers were directed to issue orders to the

collector not to receive the tax for the year 1774, nor the
duty for liquors, imported after the first day of May fol-
lowing. . .

The house declared, they would consider such col.
lector; as would receive the tax or duty afterwards, as
guilty of a contempt of the resolutions of the house, and
as meriting their highest censure, and that they would
consider it as a duty, incumbent on them, to indemnify
any person who might incur any damage, by acting in
obedience to this order, in this respect ; and that the
public faith stood pledged to make good any deficiency,

 

 

 
 

 

328 _ CHAPTER {1774

should any appear, on the final settlement of the money
collected, in virtue of the tax and duty.
~ In giving his assent to the bills, for the establishment
of courts of oyer and terminer and inferior courts, the
_ governor lamented, that no better system was offered for
the dispensation of justice, than the establishment of
county courts, the limited jurisdiction of which reached
not cases of greater value than twenty pounds, leaving
the people without relief in more important cases, a dis-
tinction quite irreconcileable to the impartiality of justice.
He said, that the measures which had _ been taken, to
render ineffectual the powers he derived from the king;
for the protection of his subjects in the province, and
the pendency of the bill, for erecting courts for the
trial of criminal matters, were reasons of the greatest
weight with him, for giving his assent to a plan, so in-
adequate to the due administration of justice, so in-
competent to the security of the public revenue, the col-
lection of which was left to depend on the integrity of
officers, which had appeared to him so inconsistent
with every principle of good policy. Next to this con-
sideration, he wished to assure them, he was willing to
concur with the house, as far as possible, in the relief of
the distresses of the province; and on the one hand, he
well knew example to be of greater force than precept,
so, on the other, he rested satisfied, that a short use of
the expedients adopted, would convince the houses of
their inefficacy, as well as of the integrity of his inten-
tions and the rectitude of his conduct: after all, he was
but too sensible, his assent to those bills, of a nature sO
unusual, new and extraordinary, would need all the
apology he should be able to make, to his royal master.

 

1974] THE NINTH. 329

He lamented the bad state in which the militia of the
province was left, and observed, that the information
lately received from the superintendant of Indian affairs,
relative to the designs of the Indians, left him, at least, a
doubt concerning them, and urged the propriety of the
interposition of government, to prevent their outrages
on certain of its people, settled in the Indian territory,
in vengeance for whose encroachments, it was to be

feared, the Indians might extend their violence against
the innocent and unguarded inhabitants on the frontiers ;
and, as the prolongation of the session, for a day or two,
would be far less inconvenient and expensive, than a
new session, he pressed them to retire and consider, on
proper means for the defence of the province.

A militia bill, accerdingly, passed both houses and,
on the following day, received the governor’s assent.
This was the last bill, to which the sanction of a gover-
nor was asked, in North Carolina.

On the 25th of March, the assembly was prorogu-

ed, and four days after was dissolved by procla-
mation; this measure was confessedly grounded on

the assumption of a power unconstitutional, repug-
nant to the laws and derogatory of the honor and
good faith of the province, by attempting to abro-
gate an act of the general assembly, upon which the
public credit essentially depended; and, about one
month after, the governor, by proclamation, called
on all sheriffs and collectors to levy the poll tax and
duty on liquors, notwithstanding the directions of the
assembly to the contrary.

In the montlrof June, public notice was given, that
the king, by his instructions to the governor, of the

%&h of February, had established new orders and
N. CARO. Il. 42
 

830 CHAPTER [1714

regulations for the future disposal of his lands in the
province, excepting to such reduced officers and
soldiers to whom lands were directed to be granted,
by his proclamation of the 7th of October, 1773;
but had signified that it was not his intention that
those persons, who had hitherto obtained warraats
of survey, should be precluded from ripening them
into grants, or that any claim toa grant, founded on
any antecedent step, that could give an equitable
title to it. should be precluded.

During the summer, the people, in the different
parts of the province, openly avowed their inten-
tion of joining in the measures, proposed by the in-
habitants of the province of Massachusetts. Meet-

ings were held in the principal towns and in several

of the counties, and a general one was proposed, to
be composed of deputies, chosen in every county

and town, entitled to representation, in the legisla-
ture. It was recommended to the delegates, to

meet in the town of Newbern, on the 25th day of
August.

On the 13th of that month, the governor issued
his proclamation, complaining of the meetings which
had then been held, without any legal authority;
and in which, he said, resolves had been entered
into and plans concerted, derogatory to the authori-
ty of the king and parliament, and stating his ap-
prehension, that the same inflammatory, disloyal and
indecent measures might be adopted ‘in such future
assemblies, inconsistent with the peace and good
order of the government, tending to excite clamor
and discontent among the king’s subjects, requiring
the people, on their allegiance, to forbear to attend

1774] THE NINTH. 934

any such meetings, particularly the general one, and
requiring the king’s officers to oppose such meet-
ings to the utmost of their powers.

The deputies, however, attended on the day ap-
pointed, and began their session, without any ob-
struction: they made choice of John Harvey, of the
county of Perquimans, as their moderator.

The council, having been convened by the gover-
nor, and consulted on the steps which were most
proper to be taken, advised him that “nothing could
be done.”

The meeting proceeded to business, and entered
into a number of resolutions; in the preamble of
which, they declared themselves impressed with the
most sacred regard for the British constitution, and
determined to maintain the succession of the house
of Hanover. They expressed their unshaken fidel-
ity to their sovereign and their attachment to their
fellow subjects of Great Britain: asserting, that,
viewing, with the utmost abhorrence, every attempt
which might tend to disturb the peace and good
order of the colony, or to shake the loyalty of the
king’s subjects, residing init; but, at the same time,
stating, that they conceived it a duty which they
owed to themselves and their posterity, in the alarm-
ing state of British America, when their most essen-
tial rights were invaded, by powers, unwarrantably
assumed by the parliament of Great Britain, to de-
clare their sentiments in the most public manner,
lest their silence should be construed as an acqui-
escence, and as a very strong evidence of their pa-
tient submission to the burden lately imposed on

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332 _ CHAPTER [i174
After these preliminary declarations, they made a for-

mal recognition of George III. as the lawful and right~

ful king of Great Britain and her dominions, and of the.

province of North Carolina and parts thereof, avowing
their faithful and true allegiance to him, as their sove-
reign.

They stated, that they laid claim to no more than
the rights of Englishmen, without any diminution oF
abridgement, which, it was'their indispensable duty,’and
would be their constant endeavor, to. maintain to the
utmost of their power, consistently with their loyalty to

the lawful sovereign and their great regard for the con-
stitution. .

.. They asserted it to be of the very essence of the Bri-
tish constitution, that no subject should be taxed, but

by his own consent, freely given, in person, or by his,

legal representative, and that any other mode was: highly
derogatory to the rights of the subject, and a gross vio-

lation of the grand charter of their liberties; and that, as

the British subjects, resident in America, had not, nor
could they have, any representation in the parliament of
Great Britain, any act of that body, imposing, a tax on
them, was illegal and unconstitutional, and the pro-
vincial assemblies (the king, by his governor, constitu-
ting a branch:thereof) were alone competent to: tax the
people of their respective colonies. ;

They declared, that the duties, imposed by several
British statutes upon tea and other articles, consumed
in America, for the purpose of raising a revenue, were
highly illegal and oppressive, and that the late exporta-
‘tion of tea, by the East India company, to different parts
of America, was intended to: give effect to one of the
said acts, and, to establish a precedent, dishonorable-

   

    

  

1774} THE NINTH. 333

to America, and to obtain an implied assent to the pow-
ers which Great Britain bad unconstitutionally assumed,
of levying a tax on the American people without their

consent. : ;
They bestowed high encomiums on the inhabitants of

the province of Massachusetts, for having distinguished

themselves in a manly support of the rights of America
in general; recognized the cause, in which they were
suffering, as that of every honest American, deserving
the blessings which the constitution bestowed on them;.
and bewailed the grievances under which the town of
Boston was laboring, as the effect of a resentment levell-
ed against its inhabitants, for having stood foremost in
an opposition to measures, which must, eventually, in«
yolve all British America ina state of abject dependence

an servitude.
They reprobated the statute, commonly called the

Boston port act, as the most cruel infringement of the

rights and privileges of the people of Boston, both as
men and members of the British government, and the
late statute for regulating the police of the province of
Massachusetts, as an infringement of the charter right,
granted by king William and queen Mary, and tending
to lessen that sacred confidence which ought to be plac-
ed in the acts of kings; and the bill for altering the ad-
ministration of justice, in certain criminal cases, within
the province of Massachusetts, “empowering the gover-
nor to send to Great Britain, for trial, all persons who,
in aid of the king’s officers, should commit any capital
offence, as fraught with the highest injustice and partiali:
ty, and tending to produce the frequent bloodshed of
the inhabitants of the province, while it furnished an op-
portunity of committing the most atrocious crimes with

 

 

 
 

334 CHAPTER fit74

the greatest impunity and without the least probability
of punishment.

They asserted, a trial by a jury of the vicinity to
be the only lawful inquest that could pass on the life of a
British subject; and the right to it had been handed
down to them from the earliest ages, confirmed and
sanctioned by Magna Charta, and that every subject,
punished without it, was nota victim to public jus-
tice; but a sacrifice to the power of tyranny and high
handed oppression. 2

They bound themselves not to import after the first
day of January, from Great Britain, any East India
merchandise, except medicine, nor from the West India,
any East India or British goods, nor purchase them
imported by other persons, after that day; not to export
tobacco, naval stores, or any other to Great Britain, nor

sell the same for exportation there, after the first day of
October, 1775, unless American grievances were pre-

viously redressed; not to import or purchase any slaves
imported by others, after the first day of November; not
to use, or suffer to be used in their families, any East
India tea; and to consider all persons in the province,

not complying with these engagements, as enemies to
their country.

They voted, that the vendors of merchandise, in the
Province, ought not to take any advantage of the non-
importation, and sell their goods at the rates they were
hitherto accustomed to sell.-

The deputies manifested their’ approbation of the
proposition of holding a general congress in the city of
Philadelphia, in the month of September, to deliberate
on the situation of British America, and to concert

measures to effect the purpose of defending with cer-

 

SLE

1774 THE NINTH. 335

tainty the rights of Americans, repairing the breach
made in those rights, and guarding them for the future,
from any violation, under the sanction of public author-
ity. They declared, that the people of the province
would break off all intercourse with any colony, city,
town or individual, who would refuse or neglect to
carry into execution such general plans as might be
adopted by the continental congress; and that, viewing
the attempts made made by the minister upon the town
of Boston, as a prelude to a general attack on the rights
of the other colonies, they determined on contributions,
in proportion to their abilities, to ease the burdens im-
posed upon that town, for their virtuous opposition to
the revenue acts, that its inhabitants might be enabled
to persist in a prudent and manly opposition to the
schemes of parliament and render its designs abortive.
Proceeding to the choice of deputies to the continen-
tal congress, their suffrages united in favor of William
Hooper, of the county of Orange, Joseph Hewes,
of the town of Edenton, and Richard Caswell, of the

county of Dobbs. __ ,
They were instructed to express the people’s sincere

attachment to the person and family of their sovereign,
their determination to support his lawful authority in the
province, and, in the meantime, their steady adherance
to the first law of nature, a firm and resolute defence of
their persons and properties against all unconstitutional
encroachments whatever. To.assert the right of the
people to all the privileges of British subjects; particu-
larly, that of paying notax or duty, without their con-
sent, and the exclusive power of the legislature of the
province to make laws to regulate its internal polity,
subject to the king's disallowance, ‘To concur with the

 

 

 
336

CHAPTER [1774

delegates or deputies from the other provinces, in such
regulations, addresses and remonstrances, as may appear
conducive to a lasting harmony and good understanding
with Great Britain, a circumstance most sincerely and
ardently wished for.

_ It was resolved that, at every future provincial meet-
ing, the votes should be taken by counties and towns,
and it was recommended that a committee of five be
chosen in each county, by such persons as. should ac-
cede to the measures now proposed, to see that they be
properly carried into execution, and correspond occa-
sionally with the provincial committee of correspondence
of the province,

The moderator, or in case of his death, Samuel John.
ston, of the county of Chowan, was empowered to con-
vene the present deputies, or such as might thereafter be
chosen, on any occasion that might require it.

Records—Magazines— Gazettes.

   

CHAPTER X.

‘we continental congress began its session in the cit?
of Philadelphia, on the 4th of September, 1774. It was
composed of delegates from all the British ; American
provinces, except those of Canada, Nova Scotia, Georgia
and Florida. Peyton Randolph, the eis of the Jate
house of burgesses, of the province of Virginia, was
calle to the chair of this august body: they proceeded
on business, with closed doors, and the members were
required to devulge such parts of it only, as the majori-
ty deemed unnecessary to remain secret. ;

The state of the province of Massachusetts, was one
of the first objects of the consideration of the congress.
They expressed their sympathy for the sufferings of the
inhabitants of that province, under the operation of the
late unjust, eruel and oppressive acts of the British par-
fiament, and. their most thorough approbation of the
wisdom and fortitude with which, opposition to those

‘unjust measures, had hitherto been conducted, and they
ended, to their brethren,a perseverance

earnestly recomm: ne
in the vo firm and temperate conduct, in the hope, that

the effect of the united efforts of North America, in theit

behalf, would carry such conviction to the British «i

tion, of the unwise, unjust and onan: policy of t

British administration, as quickly to introduce better

men and wiser measures. ‘
m.canos th. » 49

 

  
 

Pd CHAPTER p1774

They also recommended, that contributions, from all
the colonies, for supplying the necessities and alleviat-
ing the distresses of the people of Boston, should be
continued; and that the merchants, in the respective pro-
vinces, should forbear to send to Great Britain, any
orders for goods aiid countermiand those already given:
and, some days after, resolutions were passed, for the
suspension of the importation of goods from Great Bri-
tain and Ireland, and their dependencies, and of all goods
manufactured there, after the first day of December, and
inhibiting the purchase or use of any such goods. All
exports to Great Britain, Treland and the West Indies
Were directed to cease after the 10th of September,
1775, if the grievances of the American people, were
not then 1edressed. ‘The form of an association, for
carrying into effect the requisitions of the congress,
was drawn up, afd subscribed ‘by every one of the
delegates. :
~ A declaration of the rights of the inhabitants of the
British American provinces, was framed and. reference
was made to all those which the parliament had lately
violated. A petition to the sovereign, addresses to the
people of Great Britain, the inhabitants of the’ province
of Quebec and the twelve provinces, represented in con-
gress, were drawn up, and letters were addressed to
those who had neglected to send delegates, inviting them
to join their brethren in what was deemed the common

cause.
- The congress recommended the meeting of the other

delegates, on the 10th of May, and adjourned on‘the 26th
of October.

- Inthe course of the fall, governor Martin visited the
province of New-York, and the administration of gov-
ernment devolved, during his absence, on James Hasell,

 

‘ple,

1774] THE TENTH. 939

the ‘councillor first named in the king’s instructions, .s
president and commander in chief.

i inental con
» At the recommendation of the contin sera gress
contributions were now raised with great cheerlulness,
for the relief of the inhabitants of the town of Boston,
throughout the province; merchants of the first respecta-

bility, undertook to store and ship, to'the port of Salem,

the provisions which were, by this means, obtained:

committees were also appointed, in every county and in
the chief towns, to see the articles of association, entered
into by congress, faithfully and punctualy carried int
ecution.
tiles Martin returned from New-York, in’ the
beginning of the new year. On the 10th of February,
he issued a proclamation, relative to a purchase lately
made by Richard Henderson, one of ‘the late associate
justices of the province, and his partners, from the Che-
rokee Indians, of a tract of land, about three hundred
miles square, in payment of which, among other goods,
a quantity of ammunition had been ‘promised. Phis
purchase excited the alarm of government and the peo-
from another circumstance: the company had issu-
ed advertisements, inviting debtors, fugitives from jus
tice, and all persons, in desperate circumstance, to repair
to the new acquisition, where assurances of an asylum
swere held out. The purchase included Jands within the
limits of the province of Virginia, and a portion of the
lands granted by the king to the carl of Granville: it
was made in violation of the king’s proclamation, of the
7th October, 1763, and of an act of the legislawure of
the province, forbidding the acquisition of Indian oe
by individuals. noel

    

&

 

  
‘340 CHAPTER (1776

The meeting of the legislative body being fixed on
an early day, in the month of April, at Newbern, John
Harvey, of the county of Perquimans, the moderator of
the late meeting of deputies, summoned them to meet at
the same time and place, for the purpose of choosing
delegates, to attend the continental congress, in the
month of May. His advertisement was followed by a
proclamation of the governor, intended to counteract its
effect.

The delegates, most of whom were members of the
assembly, met on the same day as the the legislature;

and John Harvey was called to the chair of the assembly
and that of the convention of deputies.

Tn addressing the house, on the 4th of April, the go.
vernor said, he met them with the hope that, dismissing

every cause of private dissention from their minds, they
would calmly, unitedly and faithfully apply themselves
to the high and important office of legislation, in which
they had so great a share, according to the constitution
of their country, which now called upon them for relief,
in a most peculiar and pressing manner: he looked with
concern and horror to the consequences of the violent
and unjustifiable proceedings, in some of the provinces.
on the continent, where, in many places, the innocent,
unwary and ignorant part of the people! had been cruelly
betrayed into measures, highly inconsistent with their
duty and allegiance to their king and state, tending to
involve them in the most embarrassing difficulties and
distress, and which, if pursued, must inevitably precipi-
tate the colonies from their present unparalleled state of
prosperity into a train of miseries, most dreadful to con-

template: from which ages of time would not redeem
them to their now envied state of felicity,

 

1773] THE TENTH. 341

He observed, the members of the houses were bound
by their duty to the king, the state and the people, as
well as he was by his, to obviate the contagion of these
evil examples in the province, and to defend it, if possi-
ble, from the ruin and destruction to which they plainly

led. aa :
He expressed his infinite concern on the unhappy

influence they already had. The meetings, to which the
people had been excited, the appointment of committees,
the violences those little, illegal, unrestrained ao arbi-
trary tribunals had done to the rights of the king’s sub-
jects, the flagrant and unpardonable insults offered to the
highest authorities of the state, by some of their acts,
which had been made. public, and the stop which had
been put, in some of the counties, to the regular course
of justice, in imitation of the unwarrantable measures,
taken in other colonies, but too plainly evinced ‘their

baneful progress in the province, and loudly demanded
the most effectual exertion of their restraining and co-

ercing powers.
5 Pane himself to the assembly, he told them they

were now, by their duty to themselves and their con-
stituents, most particularly called upon to oppose a
meeting of the delegates, which the people had been
invited to chose, and who were appointed to assemble
in the place of the legislature.  T his illegal meeting, he
said, pursuant to his duty to the king and the constitu-
tion of the country, and from his regard for the dignity
of the house and the just rights of the people; he had
endeavored to counteract and should continue to resist
- every means in his power.
ae iad what all this could mean? Whether the
members of the house were not the lawful representa-

sesecrgeeea pate

 

 
         
       
     
      
 
     
 
     
 
   
         
   
        
      
     
      
 
      
 
   
   
   
         
       
      
 
   
      
    
     
     
   
   
   
     
    
    
 
    
    

 

54g CHAPTER [1795

tives of the people in the province, and competent to
every lawful. purpose? Whether they would submit
to see their constituents misled, to violate their dearest
privileges, by wounding their dignity and setting up
representatives, derogatory to their just power and au-
thority?
He added, this was an insult to the house of so vio-
lent a nature, that it appeared to him to demand. their
every possible discouragement; for its evident tendency
was to create a belief in the minds of the people, that they
were capable of electing representatives of . superior
powers to the members of the house, which, if it could
possibly obtain, would lead, by obvious consequences,
to the destruction of the essence, if not the very being,
of an assembly in the province, and, finally, to the utter
dissolution and overthrow of its established happy con-
stitution. ‘This, he said, was one of the fatal expedients
employed in some of the other colonies under the influ-
ence to factious and vicious men, intent upon promot-
ing their horrid purposes, at the hazard of their coun-
try’sruin. He declared himself willing to believe they
had been adopted in the province, more from a: spirit of
imitation than ill principles, and that the houses, clearly
discerning the mischiefs with which they were pregnant,
would heartily concur with him in opposing the first
dawnings of so dangerous a system. #
_- As an object of the greatest consequence to all the
colonies, he recommended it to the attention of the legis-
lature, toemploy their utmost care and assiduity to re-
moye those false impressions, by which the engines of
sedition had labored to effect, but too successfully, 4
most unnatural division between the parent state and the
colonies, which, under her protecting, indulgent and fos-

 

    

1775} THE TENTH. pa

tering care, had attained a degree of prosperity beyond
all example; while the basest arts had been practised
upon the innocent people, who had been blindly led to
partake in a guilt, to which their hearts were confessedly
averse, and thus, step by step, they were likely to be
seduced from their duty, and all the bonds.of civil socie-
ty destroyed, unless timely remedies were applied, a me-
lancholy prospect, that must seriously alarm every good
subject, every humane, every honest man.

He besought the members of the houses, as guardi-
ans of the constitutional rights of the people, rigorously
to oppose proceedings, so manifestly subversive of their
freedom and happiness; to undeceive and lead them
back from the dangerous precipice, to which an ill spirit
of faction was urging them, to the path of their duty ;
to set before them the sacred tie of allegiance, by which,

‘as subjects, they were bound to the state; to inform

them of the reciprocal benefits, which their strict ob-
servance of it would entitle them to, and to warn them
of the danger to which they must expose themselves
and property, and all that they held dear, by revolting

from it.
-. He took notice that the members, both in the houses

and in courts, had, in their several capacities, frequent
opportunities, most solemnly to swear their allegiance,

which was an implied duty from every subject, when it
was not professed and declared, a circumstance which

must have brought it home to their consideration:
hence, he thought, they must be well qualified to ex-
plain the obligatory nature and importance of it to the
people, who would naturally look up to them fora rule
of conduct, in these wild and distempered times ; he de.
élared his hope, that, taught by their example, the peo-

 
     
   
   
   
     
   
   
   
   
   
     
     
   
   
       
     
     
   
     
   
     
    
 
     
   
     
    
    
   
   
   
     
   
     
     
   
    
    
   
   
     
     
     
   
   
     
    
    

 

   

CHAPTER {1725

344

ple would immediately return to their duty and obedi-
ence to the laws, and gladly free themselves from that
tyranny, which ill directed zeal and lawless ambition, by
all the arts of misrepresentation and delusion, were
courting them to submit to,

He mentioned, with satisfaction, that he had already
received signal proofs of the steady loyalty and duty of
a great number of the good people of the province, and
he had the fullest assurance, that many more would fol-
low their laudable example ; he congratulated the houses
upon these favorable presages, which, he persuaded him-
self, they would improve, to the honor and dignity of
their country:

He said, the state of the colonies was, at the time, the
subject of the deliberations of the great council of the na-
tion, from whose wisdom and justice, every thing ought
to be expected, consistent with the principles of the cone
stitution and the general welfare of the empire, while the
colonies continued in their duty, and the confessedly ge-
nerous character of Britain, and the magnanimity of the
sovereign, who, through the whele course of his reign;

had uniformly made the happiness of his people the ob-

ject of all his views, and the rule of action insured it;
on this great arbiter of British rights, he thought it be-
come them to rely, with the fullest confidence, and to
deserve, by a dutiful behaviour, its favorable regard.

He observed, that, if the people of the province had
any representations to make to the supreme powers of
the state, the assembly were the only legal and proper
channel of their applications, through which they might
be assured of every attention to their dutiful petitions,
and he trusted the house tendered too highly the rights
of the people, committed to their guardianship, and

 

  

  

4775] THE. TENTH. 342
knew too well the limits of their own power, to consign
them to any other hands, that must not only be disquali-

fied to serve the people, but would infallibly divest the

house of that dignity and consequence, which belonged.

to them, as the representatives of the people.

He pressed them, laying aside all passion and preju-
dice, calmly and with one accord, to pursue sucha line,
of conduct, in those points of general concern to Ame-
rica, as might be most likely to heal the unhappy differ-
ences now subsisting between Great Britain and her co-
lonies ; to consider, how great an opportunity they now
had to serve their country, manifest their loyalty to the
best of kings, and demonstrate their attachment to the
British constitution, the most free and glorious system
in the whole world. He hoped, it would be their glory
to record to the latest posterity, that, ata time when the
monster, sedition, dared to rear his impious head in
America, the people of North Carolina, inspired with a
just sense of their duty to their king and country, ani-
mated by the example of her legislature, stood forth
among the foremost of the king’s subjects, to repel the
fell invader of their happiness: thus redeeming their
sinking country to posterity, and acquiring to them-
selves immortal honor and renown; while a contrary
conduct must, at once, plunge a once happy land, inte
horrors beyond all imagination, whence nothing could
recover it, but the generous hand of Britain,

In addition to the powerful motives he had detailed.
he observed, he was authorized to say, that the umwar-
rantable measure of appointing delegates to attend a con-
gress at Philadelphia, then in agitation, would be highly
offensive to the king.

wn. caRO. 1. 44

“J

x

 

   
 
 

346 CHAPTER [1775

He next drew the attention of the houses to the par-
ticular state of the province.

The exhausted state of the treasury, the large de-
mands on it that remained unsatisfied, the dues of public
officers that remain unpaid, he suid, called loudly for
their attention, to the ill condition of public credit and
the finances of the province.

He congratulated them on the fair opportunity which
they had, of restoring to the province a permanent esta-
blishment of courts, as he had received the king’s de-
termination, on the proposed regulations, with regard to
proceedings by attachment, which would be commu-
nicated in a special message.

_ In the address, which was prepared to this speech,
the house began by observing, that they had met, with
minds superior to private dissentions, determined calmly,
unitedly and faithfully, to discharge the sacred trust re-
posed in them by their constituents, and, actuated by
these sentiments, it behoved them to declare, that the
assembly of the province had the highest sense of their
allegiance to the kigg of Great Britain, to whom alone;
as their constitutional sovereign, they acknowledged it
to be due, and to whom they so cheerfully and repeat-
edly had sworn it; that to remind them of it, was unne-
cessary. This allegiance, all past assemblies had, upo?

every occasion, amply expressed, and the present repre _

sentatives of the people should always be ready with
pleasure to testify; sensible, however, that the same
constitution, which cstablished that allegiance and e?-
joined the oath, in consequence of it, had bound majesty
under as solemn obligations, to protect subjects invi0-
late in all their just rights and privileges, wisely intend-

?

1775) THE TENTH. 347

ing, by reciprocal dependence, to secure the happiness
of both.

They contemplated, with horror, the unhappy state of
America, involved in the most embarrassing difficulties
and distresses, by a number of unconstitutional invasions
of her rights and privileges, by which the inhabitants of
the continent, in general, and of the province, in particu -
lar, had been precipitated into measures, extraordinary
perhaps in their nature, but justified by necessity : from
whence, among many other measures, the appointment
of committees, in the counties and towns, took its birth,
to prevent, as much as in them lay, the operation of such
unconstitutional encroachments, and_ they expressed
themselves unconscious of any step, taken by those com-
mittees, but such as they were compelled to resort to,

for that salutary purpose.
They added, that, as it was not to be controverted,

that the people had a right to petition for a redress of
grievances, or to remonstrate against them, and as it was

only in a meeting of the people, that their sense, upon
such petitions and remonstrances, could be obtained,

the right of assembling was undoubted: to attempt,
therefore, under the mask of avthority, to prevent or
forbid a meeting of the people, for such purposes, or to
interrupt their proceedings, when met, would be a vain
effort to exercise power, in direct oppgsition to the

constitution. ; |
Far be it from us, continued they, even to wish to

prevent the operations of the convention, now held in
Newbern, or to agree with you in bestowing on them
the injurious epithet of an illegal meeting. They are the -

representatives of the people, appointed for a special and
important purpose, and to which, though our constitu-

 
SS SSE

'

 

they complained,

.
348 CHAPTER [7%

/

ents might have thought us adequate, yet as our meet-
ing depended on the pleasure of the crown, they would

have been unwise to have trusted to so precarious a

Contingency, especially as the frequent and unexpected
prorogations of the assembly, one of them in particular,
as if all respect and attention to the convenience of .the
representatives had been lost, was proclaimed but two
or three days, before the time which had been appointed
for their meeting, ‘left the people without the hope that
the assembly would have been permitted to sit, till it
was too late to appoint delegates to attend the continen-
tal congress. at Philadelphia, a measure, which, they

joined the rest of America, in thinking essential to its
interests.

The house observed, they neither knew hor believed,

that any base arts had been practised on the people, in
order to lead them from their duty; but they knew with
certainty, that the steps they had taken, proceeded from:
a full conviction that the parliament of Great Britain had,

by a variety of oppressive and unconstitutional pro-

ceedings, made those steps absolutely necessary; they
thought it, therefore, a duty which they owed to the
people, to assert, that their conduct had not been owing
to the arts: of designing men, and had it much to lament,
that the governor should have added his sanction to:so
groundless an imputation, as it had a manifest tendency
to weaken the influence, which the united petitions of
the king’s American subjects might otherwise have u por
their sovereign, for a redress of the grievances, of which
_ They added, they should feel inexpressible concern,

at the information he had given them, of his being au’ -
thorized to. say, that the appointment of delegates to

3 ' 349
vehi THE TENTH.

attend the congress at Philadelphia, then in agitation,

would be highly offensive to the king, if they had not

been recently informed, on the best authority, of his .

very gracious reception of the united peters sf
American subjects, addressed to him, by #590 oe
delegates, lately convened in Philadelphia; from * a
they could not have the least reason to 4 : 4
similar application to the throne would give © _ os
the sovereign, or prevent his receiving “ atte se
redress of grievances nares his origi, subjec

1 ent, separately, or unl ‘a ;
anes anes - sete they should oe See
with pleasure, the information uf any 9" : 0 Bs
the king, given by any of the inhabitants ‘ - se
but they expressed their great concern lest the ma

that infor-

in which he had thought proper to convey

pie should excite a belief that a great number of the
>

people of the province were disaffected to their ee
i it incumbent on them
reign; to prevent this, they judged it

i hat the king had no
solemnly to testify to the world, t at tt
wine more faithful, than the inhabitants of North

Carolina; none more ready, at the expense of their lives

and fortunes, to protect and support oe” vont

i if, however, by the sig-

‘onity. They added, that if,
= 2am a ake of, were meant the addresses lately
published in the Gazette, and said to have been presen-

ted to him, they could receive no pleasure from his se
9
gratulations on that subject, but what resulted from t

consideration, that so few had been found, in so a.
bos a province, weak enough to be seduced nhs Pos
duty and prevailed on by the base acts of wicke

a to the
designing men, to adopt principles so contrary

»
“

    

ee et

 
 

¥: CHAPTER [76

sense of all America, and so destructive to those just
rights and privileges, it was their duty to maintain.

They improved the opportunity, the first that had
been given them, of expressing their warm attachment
to their sister colonies, and their heartielt compassion for
the deplorable fate of the town of Boston, and to declare
the fixed determination of the province to unite with the
others, in every effort to retain their just rights and
privileges, which, as subjects of a British king, they pos-
sessed, and which it was their duty to transmit unim-
paired to posterity.

In contemplating the exhausted state of the yublic
treasury, the concern that they felt, was, they said, alle-
viated, from the consideration, that it was not owing to
any misconduct of the assembly, who had hitherto been
disallowed to pass any inferior court law, but upon such
terms which their duty rendered it impossible for them
to accept; by which means no list of taxables could be
taken for 1773; and consequently no money collected
to defray the charges of government for that year, and
as the governor had not thought proper to meet the
legislature, at the usual time, in the fall of the year 1774,
the treasury, deprived of the collections of two years,
was unable to enforce the great demands on it, till some

law could be passed to replenish it.

Convinced of the necessity of courts of justice, they
expressed their willingness to adopt any plan for the es-
tablishment of them, consistent with the circumstances
of the colony, which might promise judges of capacity
and integrity, for such they would, with pleasure, libe-
rally provide.

The house passed resolves, approving the proceedings
of the deputies of the continental congress; and expres-

  

THE TENTH. 3a1
as members of the community

lutions shortly, and use:
ince every individual

1775]

sed their determination,
in general, to adhere to those reso
what influence they have, to conv

i lony to observe them. — , |
2 etwas having laid the journal of the assembly

i ssed an opin-
il, they unanimously express
preying aaa re such a house of assembly was

‘th the honor of the crown and the safety

of the people, recommended the — - etstie ae

On the 8th of April the governor dissolve

y mation.
it came to a resolution, that as athe 33
sand prosperity of every state, greatly we ”
providing within itself, articles necessary for a sa ie
cloathing and defence, from common pru sea ae
regard for the colony, they would err we ae 7

anufactures, agriculture and every kind of ec Y>
per ‘ea their influence with their constituents, and all
ani

ersons connected with them to provide them. ie
5 They recommended to the committees of the severa
pri to propose premiums to be given to the in-
col ’ ,
habitants, whose industry may appear a proper subject
’

for their bounty.

They asserted
meet and petition th
and that such a rig

pines

the undoubted right of the people to
e throne for a redress of grievances,
ht necessarily included that of ap-
g dele zates for that purpose, and resolved that the
‘roclamation forbidding their meeting, =
manding them to disperse, W
me me. ee rights and ought to be
d arbitrary exercise of power.

ified approbation of the
es and elected

pointin
governor’s pr
the subsequen
illegal, an infraction on
disregarded, as a wanton an

They declared their unqual

proceedings of the late continental congress,

 

 
 

32. CHAPTER [1775

the gentlemen attending it, on the part of the province,
as its representatives, in the next.

Thomas M’Night, a delegate from the county of Cur-
rituck, being called upon to subscribe, with the other
members of the convention, the association recommen-
ded by the continental congress, refused and with-
drew; whereupon the convention declared him inimical
to the cause of the liberty of America, holding him up
asa proper object of contempt, and recommending to
every person to break off all connexion, and cease to
have any intercourse with him.

The governor having drawn the attention of the coun-
cil to the conduct of _ John Harvey, the speaker of the
late assembly, who had summoned the deputies to attend
a convention, and had filled the chair of that body, the
hoard recommended, that his name should be stricken off
the list of justices of the county of Perquimans, as a
mark of their indignation for the conspicuous part he had
acted, in what they termed the most dangerous and un-

? -

lawful proceedings.

On the separation of the deputies, the governor, find-

ing the tide of events strongly running against him, col-
lected a few pieces of cannon, which were scattered about
the town, and placed them before the palace, with a view
to intimidate the people. He despatched messengers to
Cross creek, in the county of Cumberland, in the neigh-
borheod of which, a number of emigrants, from the
Highlands of Scotland, had lately settled; he greatly de-
pended on their assistance: others were sent farther to-
wards the mountains, with a view to pursuade the peo-
ple, who had been concerned in the commotions, during
the administration of governor Tryon, that their exemp-
tion from the punishment, to which he represented them

1775] THE TENTH. 3358

as still liable, would depend on their ready assistance
against the present unlawful opposers of the king’s go-

vernment,

In the meantime, committees were kept up, and met
weekly, in every county and in the principal towns; the

militia, every where, voluntarily turned out, to be train. _

ed, and furnished themselves with arms nnd ammuni-
tion, and every measure was taken to prepare for wv hat-
ever opposition they might be called upon to maké, to
the adherents of Great Britain. s
Governor Martin’s conduct gave great cause of alarm
to the people of Newbern: a letter of his, to general
Gage, at Boston, of the 16th of March, had been inter-
cepted; the object of it was to solicit a supply of arms
and ammunition: it mentioned, that many of the inhabi-
tants of the province began to find, that they had been
misled, and seemed inclined to disengage themselves
from the arbitrary power of the continental congress and
their committees! A watchful eye was kept on his mo-
tions; at last the committee of the town interposed,
seized and carried off, from the palace, six pieces of ar-

tilery. Unable to effect any thing, finding himself sus

pected and insecure, he now made a precipitate retteat
to Fort Johnson, on the river of Cape Fear. ~ eit
In the beginning of July, some disaffected
improving the opportunity whieh th ispen ic
der and government seemed to 4 fo an att
to induce a number of negroes, on ‘Tar tiver, to ¢ ,
with a view to lead them on and effect a Massacre of the
white people. — ‘The plan was very near succeeding; but
was fortunately disclosed to. Thomas : Respiss, ‘of the
county of Beaufort, by one of his slaves.’ ‘A captain
Johnston, of White Haven, in Connectiont, who had

N. CARO, 13. 45

  
    

 

 

 
soe CHAPTER [1719

lately come to Bath, for a cargo of naval stores, had beers
made use of to stir up the black people. Nothing had
transpired till the evening of the 7th of July, the eve of
the day,.on whieli the tragedy was to have been acted.
Qn the information-reaching the committee of the coun-
ty of Pitt, expresses were sent in different directions, to
alarm the people of the neighboring counties. Forty
negryges were taken up in the course of a few hours; they
all riearly agreed in the aecount which they gave: they
had been directed to fall, on the night of the 8th, on the
white people of the family, in which they resided, and,
after destroying them, to set fire to the buildings, and
proceed thus, from plantation to plantation, till they
reached.the back counties, where they were promised to
be received by persons, sent thither, and armed. by go-

vernment for their protection, and, as a reward for their

exertions in the king’s cause, they were to be enfran-
chised and settled beyond the mountains, in a free govern-
ment of theirown. In disarming them, a considerable
quantity-of arms and ammunition was secured. |
_ Phe. inhabitants: of the town of. Wilmington,. appre-

___ochending thar-the governor might strengthen Fort John-

ston and prepare it for the reception of a force which
might be employed:to distress them, or that he migh?
encourage their slaves to repair and take shelter there,
and afterwards arm them against their masters; assem-

bled under the gommand:of John Ashe, who had re-

signed his commission of. colonel of the militia of the
county. of New Hanover, which he held under the. king;
they proceeded to the fort, to remove the artillery from
it; {but found,’on their arrival, that the cannon and stores
had been taken on board the sloop of. war the Cruizer,
and on board: of.which the governor had sought shel-

775) |
ter. They entered the fort and set the buildings in it on

fire.

of their resolves, whi
through the province,

resolutions: they pro

ving from Core sound
Snes might be, without leave from the nearest

eommittee, under pains ©

 

THE TENTH. S58

the town of Wilmington, by some
ch they published and circulated
charged the governor withfomen.
nd endeavoring to excite insurrection

The committee of

him an enemy to his
the negroes: they declared :
—. and. the province, and forbade all persons to
hold any communication with him.

ef Newbern, came to similar

hibited all persons from remo-
, or any:place near which ithe

That of the town

f not being suffered to

The governor, ‘9 a letter of the 24th of June, to

Lewis Henry de Rossett, one of the council, awke —

wardly attempted to vindicate himself.of the charge
of his having given encouragement ‘to ‘the negroes
He assured thatgentleman he had never
conceived a thought of ‘that nature, and added his
opinion, that “nothing could justify such a taeaqerey
but the actual and designed rebellion of the king s
subjects, and the failure of all other means to mi

tain his government.” seo . j
The continental congress met in thevcity of Phil-

adelphia, en the 10th of May. In addition to the
delegates of the twelve provinces, which had before
been represented in congress, a delegate "earl
parish of St. John, in the province of Georgia; too

is seat. |
a the 15th of June, George Washington, one of
the delegates of the province of Virginia, wae ap-

;

 

 

 
 

356 CHAPTER — [1776

pointed commander in chief of the American for-
ces. The congress declared they would Maintain,
assist and adhere. to him, with their lives and their
fortunes.

Continental paper money was emitted, to the
amount of three millions of dollars.

On the 26th of June, the congress having taken
the state of the proviuce of North Carolina into
consideration, and taking notice, that the enemies
of the liberties of America, were adopting measures
to divide the good people of that province, and
defeat the American association, recommended to
all in that province, who wished well to the liberties
of America, to associate for the defence of Ameri-
can liberty, and to embody themselves as militia,
under proper officers, and resolved that, in case the
assembly or convention of the province should think
_ itabsolutely necessaey, for the support of the Ame-
rican association and the safety of the province, to
raise a body of men, not exceeding one thousand,
the congress would consider them
army and provide for their pay.
- The 20th of July was observed, throughout the
Province, as a day of public humiliation, fasting and
prayer, in pursuance of a recommendation of the
continental congress.

» This body ended its session on the first of the fol-
lowing month.

as an American

ed additional insults and injuries: the humble and

wr

THD TEREH. go
1775] THE: TARE

duction to the throne, had been afterwards buried
in a mass of useless papers, upon the table of the
house of commons, and shared the common fate of
American petitions and remonstrances, to be reject-
ed or forgotten. Bills had. been passed for pro-
hibiting the fishery of the New England serhapan
and restraining the trade of the other provinces “
Great Britain, Ireland and the British West Indies;
the minister still continued to pour troops into the
town of Boston, reducing that once flourishing we
toa garrison, dealing out from thence, his ins =
ments of tyranny and oppression, to overawe ae
influence the other provinces. His designs ha

hitherto proved unsuccessful, and heaven seemed
to have assumed the protection of the injured and
insulted colonies, and signally to have appeared in
their favor, when, in the late battle of Lexington,
six hundred raw, undisciplined provincials had de-
feated treble that number of regular troops and pur-

-d them into their camp. *
oe i of New Hampshire, Rhode Island and

Connecticut, in imitation of their brethren in et
setts, had enlisted bodies. of troops, preparing ¢ a
last extremity, and determined to live free, or not a all ;
that of New York had, to the disgrace of those w Te.
presented her, as inimical to the liberties of America,
boldly stood forth, determined to brave every: danger,
rather than to submit to the edicts of the minister, or
desert the protection of their constitutional rights and
Privileges ; New Jersey, Pennsylvania and the provinces
to the southward had taken an honorable share iv the line
ofdefence, armedand equipped themselves, toaverttheim-
Pending calamity. The latter, in addition to the com-

     
    

 

a | CHAPTER (1778

mon danger, dreading a civil war, as the most awful
scourge of heaven, had a most dangerous enemy in theit
own bosom ; and, after the measures which the minister /
had condescended to, in order to carry into effect his
daring scherme, there was but little room to hope, he
would hesitate to raise the hand of the servant against the
master. Dr. Johnston, a pensioned tool of the minis-
try, in a late pamphlet, entitled Taxation no Tyranny,
had spoken the intention of the administration, in a lan-
guage too plain to be misunderstood: “The slave
should be set free, an act which the lovers of liberty
must surely commend, if they are furnished with arms
of defence and utensils of husbandry, and settled in somé
simple form: of government, within the country, they
may be more honest and grateful than their masters,”
were the words of this prostituted court favorite.”
In these circumstances, the utmost efforts being n¢-
cessary to get and keep the province in a state of defence:
Samuel Johnston of the county of Chowan, in pursv-
ance of a resolve of the late convention, John Harvey, th¢
moderator of that body, having died, summoned a meet
ing of delegates, to be holden in the town of Hillsbo-
rough, on the 20th of August. Soon after the appeat
ance of this summons, governor Martin issued a pr
clamation of uncommon length; he began, by advert
ing to the proceedings of the committee of the town of
‘Wilmington, in which he said, ‘the basest, most
scandalous, seditious and inflammatory falsehoods, wer
asserted, evidently calculated to impose upon and mis-
lead the people of the province, and to alienate their affec-
tion from the king and his government, and concluding
in the true spirit of licentiousness and malignity, charac:
terising the productions of those seditious combinations;

THE TENTH. 353

claring him an enemy to the interests
and America in general;

11154

with the resolve, declar! :
of the province in particular, ane
an sb dlead and stale device, which the malice and false-

adel censors had suggested, and
hood of these sipeiaeape® ble artifice resorted to, and

which was the last contempt
employed to calumniate every man, 1 every mae and
station of life, who opposed their infamous. and noto-

i oceedings.””
ie pat the conflagration at Fort Johnston, as

a deed of “ wanton barbarity, that would disgrace human
nature in the most savage state, and was an overt act of
vw: . J .

treason,

--geance, restrained by pity for the innocent, misguided

and deluded people, whom he considered, as the blind i:
struments of their atrocious leaders, who, defeated in t
still more flagitious designs they. meditated, and of which
he had the fullest evidences and already involved in guilt
of the blackest die themselves, It might be eee 4
urged on the people to every enormity that might - .
them appear principals, in their own treason, Instead ©
sie blind instruments of them, and by extending the
guilt among many, saveyshemnecives from the penalties
t d'wantonly incurred. i
es address of the late delegates to the continental
congress was next noticed. The governor pee
‘«the preposterous enormity of it could not be ade-

quatel jbed and abhorred ; it marked that assem.
elit ine source of those foul streams of sedi-

the genu
pea rett rough the channel of committees, had

ion, which, th sy hi
‘cunoen . once happy land, and now threatened it with
every species of misery; ruin and desolation.” From
this, the proclamation passed: to “the treasonable pro-

“ceedings of an infamous committee, in the town of New-

 

2 Ses

bee
. ie
‘
i]

 

 
 

360 CHAPTER fi77a

bern, at the head of a body of armed men, in seizing and
carrying off six pieces of artillery, the property of the
King, that lay behind the palace; the repeated insults
and violences, offered to the king’s subjects, by those
little, tyrannical and arbitrary combinations, and, among
others, to some of the gevernor’s servants, who had
been stopped, searched and forcibly detained, when em-

ployed upon his business, the unremitted assiduity of
those engines of sedition, to sow discontent and disaf-
fection, and the base artifices they employed, to preju-
dice and alienate the minds of the king’s subjects, by
confidently and traitorously propagating the most base,
scandalous and monstrous falsehoods of the king’s’ reli-
gious and political principles, and the ill designs of his
ministry, daring thus to defame, and even to traduce the
character of the best of princes,”

He alluded to the summons,

lately issued by Samuel
Johnston,

“by which the people were invited to elect
delegates to a provincial congress, in the town of Hills.
borough, as a measure, subversive of the constitution
of the province, and evidently calculated to seduce the
king’s loyal and faithful subjects, in the interior and west-
€rn counties, whose steady duty to their king and coun-
try had hitherto resisted all the black artifices of false-
hood and sedition, and had already, on his representa-
tion, the king's mest gracious acceptance and approba-
tion, which he was authorised to signify to the loyal
people of the province, particularly in the counties of
Dobbs, Cumberland, Anson, Orange, Guilford, Chat-
ham, Rowan and Surry, who had. given more special
and public testimonies of their loyalty, fidelity and
duty ;” he gave them assurances of the king’s most
firm support, and: expressed his confidence, that they

§ 'H. ; 361
1775| THE TENT:

would not only confirm the good disposition of those
peopl e, but strengthen and enable them to bafile and de-
feat eweny effort of sedition and treason, prompt
them also to resist their first approaches, by withstand.
ing the now meditated, seditious attempt of the proposed
‘ovincial congress, to steal in upon them the spirit,
io erect among them the standard of rebellion, under
an pretence of meeting for solemn deliberation on the
pte os the people to forbear making any
pb of delegates, to represent them in repens
i Id avoid gu
incial congress, as they wou it
pte an illegal assembly, acting upon prin-
pi subversive of the happy constitution of this coun-
Ci » SU .
a , and, by every means in their power, och
dangerous and unconstitutional an assembly, ;
i ful influence.
z a rade the king’s gracious pardon, for all outrages
d : hitherto committed, to all such as would aoe
one or bi
to their duty, the king and nae ee laws ~
country, with ample encouragemen etl tt pa Me
such persons, as might deliver up pee >. im
principled individuals, who had sedu people

treasonable outrages.) - :
“i denounced John Ashe-of the county of New

Hanover, and Robert Howe of the county of Bruns-

ick, who, having been elected, by the people, colonels —
wick, p)

iliti i ective counties, had called the
= se hy 3 OPE arms, and forewarned the
pee tye electing any military offices, or the per-
yi chosen, from arraying the militia, without his
puma or authority, in contempt and invasion of the
co

king’s prerogative.
N. CARO. II 46
 

ed CHAPTER [1778

- Delegates to the provincial congress, were chosen in
every county and chief town in the province; most of
them met on Sunday, the 20th August; a bouse was
not, however, formed till the next day ; one hundred and
eighty-four members took their seats. .

It being represented to the congress, that endeavors
had been made, by the enemies of the liberties of Ame-
rica, to persuade several of the imhabitants of the* pro-
vince, who had been engaged in the insurrections in the
years 1770 and 1771, that they remained still liable to
be punished, unless pardoned by the king, and that par-
dons could only be obtained, on condition, that they
should, when required, take arms against such persons
as should be devoted to destruction, for having taken
an active part in the defence of American liberty, the con-
gress came to a resolution, that they would, to the ut-
most of their power, protect such persons from any in-
jury which may be attempted, on the pretence of punish-
ing them, for any thing done by them, during the in-
surrection, or in consequence of it.

The congress appointed thirteen of their members to
confer with such of the inhabitants of the province, as

entertained any religious or political scruples, with res-

pect to associating in the common cause of America,
not to receive any ill impressions, that might have been
made upor them, by the artful devices of the enemies of
America, and to induce them, by any influence and
persuasion, heartily to: unite for the protection of the
constitutional rights and privileges of the people.

The congress. expressed their high approbation of
the association, entered into by the continental congress,
at’ their first meeting, agreed to adhere to it and recom-
mended it to their constituents.

   
 

363
175] THE TENTH.

The members subscribed a‘test, professing their ~
giance to the king, acknowledging the were 1
executive power of government, and solemnly claring
their absolute belief, that neither the — sions er:
Britain, nor any member, or constituent Dranch | ;
i upon the colonies, of to
ir internal police, aud that all attempts by
force or fraud to establish and exercise’ such — m
+. were violations of the peace and security
ptdple and ought to be resisted to the utmost; and that

sle of the province, singly and collectively are
os acts and resolutions of the continental and
provincial congress; because; in both they are repre:
sented by persons chosen by themselves; and they so-

Jemnly engaged under the sanction of virtue, honor and

-of liberty ir country, to maintain
the sacred love of liberty and their country, mth

and support such acts and resolutions to the

i nets f 1099
peek saieeks to the inhabitants of the. province was

i i troversy in an easy and
blished, stating the present Con

PPP stile, in a manner obyious teptihe mien
city, calling upon them to unite in defence — =
Liberty and vindicating, from the necessity to i :
administration had reduced them, posal; — arms
and assuming the controul of the militia

islati povernment to the

i legislative power of governt the

te eae exercise. the functions of . sw
office, by leaving the’province and retiring on boar

y violence or threat having beea

pee
"The congress unanimously resolved, that —
tants of North Carolina would cheerfully pay thei pro.
portion of the expenses: incurred by the

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es CHAPTER [1776

congress, in embodying»and supporting an army, and
that they would make ample provision for the redemp-
tion of such part of the sum emitted for that purpose,
according to the rates fixed, or in proportion to the num-
ber of the people in the province.
The president laid before the house, a copy of the gov-
ernor’s proclamation, which had been directed to them.
On its being read, it was resolved, that the proclamation
wasa false, scurrilous, malicious and seditious libel, tend-
ing to dispirit the good people of the province, and to
stir up tumults and insurrections, dangerous to the peace
of the king’s government and the safety of the inhabi.
tants, and highly injurious to the characters of several
_ gentlemen of virtue and loyalty; and it was directed to
be burnt by the common hangman.
For the support of the American association and the
safety of the colony, the congress thought it absolutely
necessary to raise a body of forces, consisting of one

thousand ‘men, upon the faith of the resolution of the

of five hundred men each; four hundred were stationed
in the district of Wilmington, and two hundred in each
of the districts of Newbern, Edenton and Salisbury.
The command of the first regiment was given to James
Moore, of the county of New-Hanover, and that of the
second to Robert Howe, of the county of Brunswick. .

- ‘The plan of a general confederation, between the uni-
ted colonies, having been taken into consideration, the
congress were of opinion, that it was net then eligible,
and the delegates of the province to the continental con-
gress, were instructed not to consent to any plan’ of
confederation, which might be offered to the next con-
gress, until it could be Jaid before, and approved. by, a

365
1775) THE TENTH.

provincial congress; it being imagined that the associa-
tion ought to be further relied on for renee ecg a
reconciliation with the parent state; and a ms ase
federation ought only to be adopted in case "

we Tha vam of one hundred and fifty thousand dollars

was directed ‘to be emitted in bills of credit for the de-

fence of the province; and for the redemption of it, a

poll. tax. was. laid. for nine years, to commence in the

1777. i
7 battalion, to consist. of ten companies of fifty men,

irected to be raised in every dis-
rank and_file, was. directed to st
— The troops, thus to be raised, were called min
ute men their uniform was.a hunting shirt, leggings rs
spatterdashes and black. gaiters; they were aseeringe
died in battalions, at or near the town of the district, m
continue in training for fourteen days successively; -
ter this, the companies were to return to their respecti

and. be mustered, at least, once in a fortnight.

Lapin to. be paid when training, mustering and

i of Chow-
he field. | Edward Vail of the county
ol inted to the command of the battalion of

Edenton, disc, Ri Tob the patty.
; district, Richard Caswel
oe - that of the district of Newbern, Alexander

f New-Hanover, to that of
Lillington of the of county of 1 es '
the district of Wilmington, Thomas Wade of the coun

ty of Anson,
‘Thackston,

county of Halifax, to that of the district of Halifax.

The congress unanimously agreed on an address to

the inhabitants of the British empire.

Pew : eh

that of the district of Salisbury,
on county of Cumberland, to that of the
district of Hillsborough, and. Nicholas Long of the

eed

 

ot eR

 
 

366 CHAPTER (1778

This paper, which is said to be the composition of
William Hooper, began by stating, that the fate of the
contest, subsisting between the American colonies and
the British ministers, at the helm of public affairs, was
one of the most important epochs, which would mark
the British history. Foreign tations, with anxious
expectations, waited its result, and saw with amazement
the blind infatuated policy which the administration pur-
sued to subjugate the colonies, and reduce them from
the situation of loyal and useful subject to absolute de-
pendence and abject slavery; as if the descendants of
those men, who had shed such rivers of blood and spent
millions of treasure, in fixing upon a lasting foundation,
the liberties of the British constitution, saw, with envy,
the once happy state of this western region, and there
to exterminate the patterns of those virtues which shone
with a light that bid fair to rival their own.

It was next observed, that to enjoy the fruits of their
own honest industry; to call that their own which was
earned with the labor of their own hands and the sweat
of their brows, to regulate the internal polity, by which
they alone were to be affected; were the mighty boons
which the people of America asked; and the appellation
of traitors, rebels and every other harsh names which
malice could suggest'and the virulence of language ex-
press, were the returns they received 40 the most hum-
ble petitions and frequent supplications; they were told
that independence was their object and had the thought
to shake off all connexion with the parent state; a cruel
suggestion, contradicted by all their professions, all their
actions. tye

The congress declared and invoked the almighty being,
the searcher of the recesses of the human heart, that it

THE TENTH. 367

earnest wish and prayer to’be restored,
with the other colonies, to the state in which they were
placed before the year 1763, disposed to glance over
any regulation, which Great Britain had made —
rn period and which seemed to be, conchae: 7
oppressive to the colonies, hoping, that at some duture
dis she would benignly interpose and remove every
>
aint.
ue tnctea that whenever they had et oes
if Py . . se =p i.
orms of the constitution, their safety and Ai
ae had declared the expedient, ae og we fe
stance ich the la
, they had assumed powers whic!
vested in me sovereign, or his representatives, oe only
been in defence of their persons, properues those
rights which God and the constitution had made una-

. as soon as the’ cause of their apprehen-
ved, they would return, with

joy, those powers to their proper channels, and the vo
es formed from the urgency of the times, shou
i : j : .
cease with the necessity that had created’ them. ae
“Those expressions}” continues the addres,
from an affection, bordering upon conn to ie
house of Hanover, as established re 7 te - -
ho view 1 t t o
‘ects who view itas a monument doe: :
sta nature, capable of teaching kings = Blo-
rious it is to reign over a free people. ou .
the heartfelt effusions of men, ever ready oer
1 d treasure when constitutiona ys 4
“oe «ease of the succession of his majesty

king George IIL, his crown and dignity, and who fer-

vently wish to transmit his reign to future ages, as

the era of common happiness to his people. Could

i748}

was their most

sions and fears were remo

 

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560 CHAPTER "fine

these, our sentiments; reach the throne, surely our
sovereign would forbid the horrors of war and des-
olation to intrude into this onée happy and peace-
ful land, and would stop that deluge,of human blood
which now threatens to overflow this colony: blood
too precious to be shed, but. in a common cause,
against the enemies of Great Britain and her sons.”
The congress averred, that these declarations
were held forth as testimony of loyalty to their sove-
reign and affection to the parent state, and as a
sincere earnest of their present and future inten-
tions, and, they flattered themselves, thereby to re-
move those impressions, which had been made by
weak and wicked men, to the prejudice of the colo-
ny, with the intention of bringing the rectitude of
the designs of its inhabitants into distrust and spread
sedition, anarchy and confusion through a loyal
province, © sso lox
~ Having thus discharged their duty to the world,
themselves and posterity, they;hoped that Almighty
God might give success to“(the>means they were
about to make use of, so far asthey might be: aim-
ed to produce just, lawful and good purposes, and
the salvation, peace and happiness of the whole Bri-
tish empire,

It being necessary to organize some kind of pro--
visional government, a provincial council was estab-
lished, composed of two persons, duly chosen by
the delegates of each district, and one by the whole
congress.

Accordingly, Samuel Johnson was chosen by the
congress, and Cornelius Harnett and Samuel Ashe

1775) “THE TENTH. m8

by the delegates of the district of Wilmington; Ab-
ner Nash and James Coor by those’ of the distriet
of Newbern; Thomas Jones and Whitmill Hill by

those of the district of Edenton; William Jones and

district of Halifax

Thomas Jones by those of the district 3
Thomas Person and Jolin Kinchen by those ofthe
district of Hillsborough, and Samuel Spencer and
Waightstill Avery by those of the district of Sal-

isbury. ratio
A cantintbagee of safety, composed of a president
and twelve members, was also chosen by ‘the dele-
ates foreach district. ae
; A committee of twenty-one members in every
county, and one of fifteen in each of the towns of
Edenton, Newbern and n, and seven in
each of the other county towns, were directed to by

© . Ht of -vt 998 9ViO OF -9700T
chosen by the freeholders. © m8 -
The meetings of the provincial ‘courieil were
be quarterly. “The court house of the

‘ston was the ‘at whieh they°were first
Johnston was ‘the place, were fi
to assemble to transact’ business, and they’ were al-

sf noo wanes fine avos of :

of meeting. © 10S ue
Phe committees of Safety were gre ested
yr asi qaaielty) ia mens onan 3 ara |

Ce SO
"The County and ‘town ‘committees were’ to meet
. aati inion sd

month} at the court house. Mirage |
’ era were permitted to sit “join , or be

consolidated with the committee of thecou ones
The provincial council were empowered to call
gut the tnilitia, in cases of alarm, tolreject officers.

yw. CARO, 13. AT » Orr's

 

 
 

0 _ CHAPTER (is

appointed by the people, when they should disap-
prove; to suspend officers in the army and militia;
io fill. vacancies; to draw on the treasury for all
such sums of money as should be necessary for the
service, and, generally, to do all things they might
deem necessary, to strengthen; secure and defend
the colony, with the exception of suspending or
altering any act or resolution of the continental
congress.

Fhe provincial council and the committees of
safety, ‘in subordination to it, had the’ direction
of the!army, and all military arrangements and estab-

lishments.....

The provineial council and the committees of

safety, in their respective districts, were authorized
to compel debtors, suspected of an intention to re-
move, to give security to their creditors.

» The county committees had the same power, in
‘eases of. demands under twenty pounds.

_The-committees of safety were authorized to re-
ceive information, censure and punish detinquents,
either in the first instance, or as a superintending
power over the town and county committees,

- The town and county committees were directed
‘to elect, by ballot, out of their own members, seven
persons, to act as a committee of secrecy, intelli-
gence and observation, who were to correspond
with the provincial council, the committees of safe-
ty and the other committees in the province and
the neighboring ones, to take up and examine all
suspected persons, and, if necessary, to send them
to the proyincial council, or the committee of safety;
oftheir respective districts.

 

1775] THE TENTH. 37i

Premiums were voted for the manufacture of salt-
wder, cotton and woollen cards, pins,
d woollen cloth, and for the erec-
tion of rolling and slitting mills,} furnaces for the
manufacture of steel and iron, paper mille, salt

works, and for refining sulphar. ,

The congress rose on the 19th of September.

Records——Magazines-—Gazeltes- ¥ ,'
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~~ fist rd biG j : ? sHIMDAGIA

CHAPTER XT.
2 BE Fa si

3:

Ix the western part of the province, the people
were still eager in their resistance. In the months
of March and April, canine leading men in the
county of Mecklenbaly held meetings to ascertain
the sense of the people, and to confirm them in their
Opposition to the claim of the parliament to impose
taxes and regulate the internal policy of the colonies.
At one of those meetings, when it was ascertained,
that the people were prepared to meet their wishes,
it was agreed, that Thomas Polk, then colonel com-
mandant of the county, should issue an order direct-
ed to each captain of militia, requesting him to call
a company meeting to elect two delegates from his
company, to meet. in general committee, at Char.
lotte, on the 19th of May; giving to the dele-
gates ample power to adopt such measures, as to
them, should seem best calculated to promote the
‘common cause of defending the rights of the colony,
and aiding their brethen in Massachuseets. Colo-
nel Polk issued the order, and delegates were elect-
ed. They met in Charlotte, on the day appointed.
The forms of their proceedings and the measures
to be proposed had been previously agreed upon,
by the men at whose instance the committee were
assembled. The Reverend Hezekiah Jones Balch.

‘ hich had led to the existing contest with
ra eit and the consequences which were to
be apprehended, unless the people should make a firm

et istance to the right which parliament
cana pre the colonies and regulating their in-
— on which the committee met, the first in-
telligence of the action at Lexington, in th
on the 19th of April, was received in Charlotte. This
intelligence produced the most decisive effect. A large
concourse uf people had assembled to witness hae’ ue
ceedings of the committee. The speakers addre
discourses, as. well to-them, as to the committee, and
tne who were mot cone y thi reweing, mer
influenced by their feelings, and all si out, oe us
independent! let us declare selene 3 —_ defend si
it with our lives and fortunes!” A committee was P-
inted to draw, up resolutions. This committee wa

plea | of the men who planned the open d
ings, and, who, hady already, prepared the, resolutions
which it was ipsa uld be anbenek towing

“R esolt ved,. ‘That. WAOSY* Yet “Et ott
abets, or ae way, form of, manner, ,countenances Oe
inv jon of ourrights.as attempted by the parliament
Great Britain, is an enemy to his country, to, America

“Resolved, That we, the citizens of Mecklenburg

county, do hereby dissolve the political bonds which

  
  

 

 
 

 

 

oe CHAPTER (175

have connected us with the mother country; and absolve
ourselves from all allegiance to the British crown, ab-
juring all political connexion with a nation, that’ has
wantonly trampled on our rights and liberties, and in-
humanly shed the innocent blood of Americans at Lex-
ington.

“Resolved, That we do hereby declare ourselves a
free and independent people, that we are and of right
ought to be a sovereign and self-governing people, un-
der the power of God and the general congress; to the
‘maintenance of which independence we solemnly pledge
to each other, our mutual co-operation, our lives, out
fortunes and our most sacred honor. Ria

“Resolved, That we do hereby ordain and adopt as
rules of conduct, all and each of our former laws, and
the crown of Great Britain cannot be considered here-
after as holding any rights, privileges or immunities
amongst us.

“Resolved, That all officers both civil and military,

in this county, be entitled to exercise the same powers.

and authorities as heretofore; that member of this
delegation shall henceforth be a civil officer, and exercise
the powers of a justice of the peace, issue process, hear
and determine controversies according to law, preserve
peace, union and harmony in the county, and use every
exertion to spread the love of liberty and of country,
until a more general and better organized system of
government be establishsed. =

“Resolved, That a copy of these resolutions be trans-
mitted, by express, to the president of the continental
congress, assembled in Philadelphia, to be laid before
that body.” | iE Sales

subscribed by the delegates. James Jack, then of
Charlotte, but now residing 1n the state of Georgia, was
engaged to be the bearer of the resolutions to,the presi-

irected to deliver copies of
dent of congress, d d par bp

nt returned a polite answer to the address

ied the resolutions, in which he highly

approved of the measures adopted by the delegates of

Mecklenberg; but deemed the subject of the rane
smature to be laid before congress. Messrs. Cas . .
Mason and Hewes, forwarded a joint letter, . Ww se
they complimented the people of sedate gh yi
zeal in the common cause, and recomme

i ce-of good order; that the time would
isp -perny hole continent would follow their

pate day that the resolutions were adopted by the
delegates in Charlotte, they were read aloud to the peo-
ple, who had assembled in the town, and proclaimed
amid:
‘and determination
reached Salisbury,

of all present. When captain Jack
‘on bis way to Philadelphia, the gene
“sand Mr. Kennon, an attorney a

rs tel“ g the proceedings of the delegates

ssisted

pie bi a7 then in Salisbury. At the request of

nS ae Mr. Kennon read the resolutions aloud in
, Mr.

of people; they were
urt, to a large concourse
4 to with attention and approved by all present.

t Charlotte being empowered to adopt
ite in their opinion would best promote

he common cause, established a variety of aa
a p wat the concerns of the country Courts

st the shouts and huzzas, as expressing the feelings

 

 

 
 

 

376 CHAPTER

ice were held under the direction of the delegates.

some months these courts were held at Charlotte;
but for the convenience of the people, (for at that time
Cabarrus formed part of Mecklenberg,) two other
places were selected, and the courts were held at each in
rotation. The delegates appointed a committee of
their body, who were called ‘ta committee of ‘safety,”
and they were empowered to examine all» persons
brougbt before them charged with being inimical to the
common catise, and to send the military into the neigh-
boring counties to arrest suspected persons. In the exer:
cise of this power, the committee sent into Lincoln and
Rowan counties, and had a number of persons arrested
and brought before them. ‘Those who manifested pen-
i 7 eee
itence for their toryism, and took an oath to support the
cause of liberty and of the country, were discharged.
Others were sent under guard into South Carolina for
safe keeping. ‘The meeting of the délegates at Char-
latte and the proceedings which grew out of that meet-
tng, produced the zeal and unanimity for which the
people of Mecklenberg were distinguished during the
whole of the revolutionary war. They became united
asa band of brothers, whose confidence in each other,
and the cause which they had sworn to support, was

tr775

never shaken in the worst of times.

The continental congress met on the 13th of Sep-
tember. a, 4
The province of Georgia sent delegates to that
body. i

They recommended to the provinces of New-York,
North Carolina and Georgia, and the three lower
counties in Delaware, which had been excepted,
from the effect of the act of thé British parliament,

THE ELEVENTH. 317

1775]
ade of the provinces, to forbear

availing themselves of the benefit allowed them by

ld apply to the

hat no person shou
‘be Ath Bb the said colonies, for such clear-
us em Om as could not. be obtained in

for restraining the tr

the other colonies.

The province ©
supply the island 0

bushels of corp and
ns.

and bea : oe
bance pe he of dollars were emitted in bills of

f North Carolina was directed to
f Bermuda with sixteen thousand
four hundred and sixty-eight

credit. 3
‘The provinces of

Carolina were perm
part of the world, excep

the rest of her dominions,

turn. ; b.
* The two battalions which had been ordered to be rais

1 i dto

r Jorth Carolina, were increase

‘1 the province of Nor :
oat establishment, and kept 10 the pay of the
veges the purpose of defending that pro-

nited colonics, for
‘ assisting the adjacent OES» |
the committees of safety ef

for so much powder as

Maryland, Virginia and North
tted to export produce, to any
t Great Britain, lreland and
and to import salt in

‘vince and

Applica
the provin
could be spared, fo
of North Carolina; 4

were directed to pure

tion was made to

ce of South Carolina,
r the immed i
nd the delegates of that province

hase drums, files and colours, fot

to employ, immediately, all the

ty of that province, d, in making muskets

gunsmiths that could be procure

and bayonets.
N. CARO. U 48

be]

  

 
 

|
n

—
 

 

378 CHAPTER f£77S
f

_ Two ministers of the gospel were engaged, by the
congress, to proceed, immediately, to those counties of
North Carolina, settled by the regulators@nd highlanders,
for the purpose of informing them of the nature of the
dispute between Great Britain and the colonies: and, it
was recommended to the committee of safety in case
the method of defending the province, by minute men,

proved inadequate, to substitute some other means more
effectual.

The provincial council met, for the first time, on the
18th of October, and made choice of Cornelius Harnett
for their president.

Some disturbances happening, in the county of New
Hanover, in which, a number of the inhabitants met,
and protested against the proceeding of the late pro-
vincial congress, at Hillsborough; the council request-

ed their president, John Ashe and Samuel Ashe, two of
their members, to proceed to that county, in order to
conciliate the minds of the people: the council, for this

purpose, adjourned for a few weeks.
They reeommended to the committee of safety of
the district of Wilmington, to use their utmost endea-
vors to cut off all manner of personal communication
between the governor and the officers of the ships of

war, in the river of Cape Fear, and the people of the
province, —

The committees of safety of. the districts’ of Wil-
mington, Newbern and Edenton, were directed, to
procure, immediately, an armed vessel each.

The deputies of the council succeeded in reconcil-
ing the party who had risen against the measures of the
Proynicial congress, but, in the mean while, serious

‘success, viewed the procee

  

1775) THE, ELEVE

discontents had broken out in_ the een ogi
land; the county had lately received i pr aa
cession of population, by the eT Oe d bf dhe of
families from, the highlands ef nent ape Be
many of which had suffered in patsy By as cus
. the cause 0 :
dread of meeting the farther consequences of an oppo:
sition to the reigning sovereign, ve rae qui-
North Carolina, a desire of enjoying t at Pine yaa
etness, of which they babii My BS a In the
averse to join any opposition to govern aay aT
west and north of their coupe FR OM
the people, who had lately in pantie by their ill
of the regulation war, and w sia of the Ea eng in
% : i n meetin; _ha ap;
the light in errant te! vee ee B athe reid
reg $Me set king. The union of the

and that portion of their

nder the

a «
vivided in their mode of thin

i “regulators, po
pater rae desirous of remaining ¥
kingly governmen
of its opponents, app
ject easy to be accomp
the royal cause. ‘The p i
pai ai amply oi ; and the arrival of Sir
. ‘Cli ton, who was hourly expected at Wilming-
Henry | pha York, with a body of troops, Prey
ie ramand of the only part of the co% st O
to secure the i epi was.accessible to ships -of war 5 ac-

fe cig ag a reached the province, that Sir Peter

= a” te Cornwallis would sail from England In
gsc l of the new year, with a considerable body

ared, to governor Martin, an ob-
lished, and of vast importance to
ossession of this part of the pro-
uld enable him to keep the

ent, or had no confidence in the success _

 

 

  

 
 

 

380 tts . iefte

of troops, and there was reason to believe, their first visit
would be to the southern provinces, .

With this object in view, the governor sent emissa-
ries into the upper counties, and issued a commission of
brigadier general to Donald McDonald, an_ influential
character among the Scotch emigrants ; with this testi-
monial of his rank, the new general received a procla-
mation, commanding all the king’s loyal subjects to
join his standard ; the date of this instrument was left
in blank, in order to enable him to publish it, at a favora-
ble monient.

While the governor was thus preparing matters, for a
sudden and vigorous attack on the southern, lord Dun-
more of Virginia, was making arrangements to strike a
blow on the northern counties’ of the province ; to one
hundred and twenty regular troops he had joined a
number of tories. and negroes, in whose hands he had
placed some arms; with this force, he marched to the
Great Bridge, in the county of Nansemond, Va. where
he entrenched himself, waiting the success of some of
his emissaries, who bad gone into the counties of the
district of Edenton, with a view to induce the slaves of
the planters to endeavor to obtain their freedom, by
flocking to the royal standard in his camp.

_A party, under lieutenant colonel Scott, marched
against him; on the day of their arrival at the Great
Bridge, they hada rencontre with the enemy, and killed
five white men and sixteen negroes; on the next day,
lieutenant Tibbs, who had the command of the boat
guard, about six miles from that place, was attacked by
a party of the king’s troops and a number of negroes ;
several of his men broke ground, but he maintained his
stand with the rest, until leutenant colonel Scott des-

‘him; these had to pass thr

THE ELEVENTH. 38i

+7 Ni with fifty men, to reinforce
patched captain Nichoks, ier ne Pape ne wit
ey found he had beaten off the
among whom was

1776)

jol i th
they joined the fieutenant, they
ai and killed seven of their men,

headed the party. aa
North Carolina joined them early 5

third of December, they saw a
re, at the far end of the village,
the enemy had placed some.

enemy

on the evening ama
pile of large buildings on

between whi

Bote fourth, they sent a party of one vada vd '
der the command of colonel Stephens of the aan

of mi over the river; he fell in with a guar

of minute men, Ree (ht AE

. TOES
of about thirty men, chiefly neg d: he challenged,

h ere discovere
SEY sp alte fired; the Americans, being

‘ving no answer, : 3 ei
and pica the attack immediately, without waiting
too P
ch hae ene bal "eile perio in the house
j ; illed one ,
le aa sia blacks ; the rest fied : some
fine muskets fell into their hands. |

General McDonald p

intimation of it,
it. On the first 1 < .
men collected around ad of the first continental regi-

core, at the he , f
eg a ; raided in the province, and such a Soil
ment, lately + trict of Wilmington, as he could col-

; ite
vith a few pieces of cannon;
“dh cky river, in the county of
~ Cumberland, about the distance of twelve miles from

u ’

m I ly sat down
Cross creek, fortified a ca P and rs eat :
itin the motion of the enemy; his pos Vv ye

waiting . P

idge, 00 Ro

  

 
  

382 - ies cE

advantageous one, as it enabled him to prevent the junc-
tion of the forces, raised by general McDonald, with those
which were expected at Wilmington, from the northern
Provinces and Great Britain, or which the governor

might be able to collect, in the counties of Onslow and +

Carteret and along the shores of Cape Fear river, to
which places he had sent emissaries for that purpose.
In the mean while, colonel Caswell and colonel Lil-
lington, who commanded the minute men of the dis-
tricts of Newbern and Wilmington, joined by some
parties of militia and a few volunteer corps, came and
encamped on the bank of Moore’s creek, near its junc-
tion with South river, in the county of New Hanover.
Soon after, general McDonald marched, at first to.
wards colonel Moore, and halted, at some distance from
his camp; he sent in an officer, charged with a letter to
the colonel, bewailing the difficulty of his situation, and
pressed, by his duty to his sovercign, to the fatal ne-
cessity of shedding blood, while, led by the principles of
humanity, he wished the event might be prevented, by
the submission of the colonel and his party, to the con-
Stitution and laws of their country ; he inclosed a copy
of the governor’s proclamation and of his own mani-
festo, expressing his hope, that the colonel would coolly,
impartially and deliberately weigh their contents, and
pay them that regard they justly nferited, from every
iend to the human species ; he proffered to to him, his
officers and men, in the King’s name, a free pardon and
indemnity for all past transgressions, on their laying
down their arms and taking the oath of allegiance, and

concluded, that, unless these terms were accepted, he

‘must consider them as traitors to the constitution, and

take the necessary steps to conquer and subdue them.

 

LEVENTH : 383
1776) THE E

- [ ore
jaa dis no longer temporise; he then re

in a noble
lied, that his followers and he were 1 ia : a
g : the most glorious and honorable in dhe:
pert of the rights of mankind ; pabinee wise
ac In return for the governor's _ " soon
on ired by the
of the test required b Pr :
closed Pes be subscribed by every me neal
vi invited him to subscribe and 0 yin
vince, pists! officers, and on their doing so ar / he
praia arms, he promised to receive coer = 20
pet: but concluded, that in case of their refusal,

followers.

"sc ime ‘he
Accounts reached the general’s camp, at the t

:yed colonel Moore’s final answer, of the motions of
receive

illi d of the arrival
d colonel Lillington, and of t
ie sein ie in Cape Fear river, aa a ve
pe ; well as of lord William Campbell, gove
rp ae " Carolina. General McDonald now though
neo it ion with colonel Moore, and

; to risk an acti ;
it agente himself surrounded, thought of nothing
dreading to ington, with a view to join

“ . il ‘
but making his way to aren therefore, decamped with.

the troops lately —— ~ rapid marches, to elude
out noise, and attempted, DY he crossed South river,

it of colonel Moore ; 1 South
a rasa eee down towards the town of Wilmington,

olonel Lillington, who,

«ll in with colonel Caswell and ¢ oo

shaiiion one thousand men, were a me

th-east side of the creek, where they a

south- ks for the defence of their camp ; met

nll sabes the planks of the bridge to be ta %
we

   

ining time, colonel Moore amused the

 

 

 

 
=
= sts en RE NEN

 

aoe ane Seen

   

364 as CHAPTER

the force of the province was much inferior to that un-
der the general, but the latter had the disadvantage to
have the creek to cross; and in the situation in which
the bridge was, if an attack was made, a retreat would
have been a precarious resource; it was, however, de-
termined to risk an encounter, and the general being dis-
abled, by indisposition, to lead on the men, colonel
McLeod, the next officer in rank, placed himself at their
head. They began the attack with much vigour, and
were received by the provincial forces with great cool-
ness and bravery ; but the fall of colonel McLeod and
of several officers, early in the battle, damped the spirits
of the men, and colonel Caswell having improved the
first}moment of apparent discomfiture, to charge with
intrepidity and boldness; the royal army was routed, and
the men, flying in every direction, were strenuously pur-
sued, and several were made prisoners; general McDo-

nald himself was taken.

. The fortunate issue of this first engagement with the
forces of government, was a most favorable circum-

stance to the cause of the province; it increased the |
confidence of its friends, and filled its opposers with ap- —

prehension and alarm, while it determined a great part
of those who had hitherto refrained from choosing their

side. ‘ ‘

‘The provincial council met, a few days after, in the
town of Newbern ; the continental congress, having re
commended to them and the provincial council of Geor-
gia, to send members of their bodies to Charleston, to
confer witha committee of the council of safety of the

province of South Carolina, upon weighty matters, rela-

tive to the,defence and security of the three provinces,
Abner Nash of the town of Newbern and John Kin-

[1776

.

THE ELEVENTH. 345

chen of the town of Halifax, proceeded on that —

of the council. a Sorstaty et
(2 ig aE congress ordered an emission of four
‘The cont

ili ‘4 bills of credit.
a, pero “itt general Lee to ane watson
; h yr nental forces in the southern a cn -
ie ve of the provinces of Virginia, =
comp
South Carolina.
Colonels James.

iadi Is
. ed brigadier-genera 9
a of North Carolin

1778)

Moore and Robert Howe were ap-
the former to comm ~
a, the latter in ‘that of . Vir-
province :
ginia. |

TI jucial con at the town of Halifax,
ye provi

6 Samuel Johnston for
‘ wrt-of Hillsbo-

ia
ough and Alexander Martin of the: ou of Gu iL
es tes
ince, in the co
f the province, . |
‘ints of generals Moore and Howe

-Four other regiments were al

d the command of them was gwen

f Halifax, Thomas
@, Edward, Bun-

ton of the county »

Aibrigadier ert str ray John.Ashe.
Richard Caswell inthe district ,of Newbe ? ‘sathayyof

iron coimith Rutherford. ind
in that, of: Willing on. in-that.of, Hillsborowe?
Saye oe as s00 Ts) Vain

ab was appown

Allen Jones in that o
of Edenton. $e hte

ere
ne slitar arrangements Ww
bsapene wt of the continental congress»

AQ

ALLS y

aged ed tle ;
we its, were, wkepady PUPS:
; .recom-

 

   

  
    

346

 

mending to tie provincial congtess to prepare for a vi-
gorous defence and opposition; accounts having beer
received, that the British ministry and their agents, had

meditated and were preparing an attack upon Charleston

and several places in’ Virginia, and probably in North

Carolina.

The continental congress having also desired, that
members of the councils of safety of the provinces of
Virginia and North Carolina, might meet and confer on
such operations, as their mutual interest rendered neces-
sary ; general Allen Jones and Thomas Brickellof the
county of Hertford were desired to proceed to Rich.
mond. 2
' The sea shore requiring particular attention, a com-
pany of fifty men was directed to be raised and stationed
at Beaufort, in the county of Carteret, and five other in:

dependent companies, for the protection of the remain-~
der of the coast. Sia

In addition to this, two regiments of seven hundred

n fifty men each, were directed to be raised in the dis-

tricts of Halifax, Edenton, Newbern and Wilmington ;

Philemon Hawkins of the county of Bute was appoint-

ed colonel of the first, and Thomas Brown of Bladen, of

re-elected 5 they were empowered to concur, in declaring
the independence of the united colonies and forming
foreign alliances, but they were instructed to reserve to
the province the right of forming its own constitution

 

  
   

1776) THE ELEVENTH. 7 -
juci il, before their adjournment, is-
7 eS ‘stating that, impelled by
pea to their own safety and the pasenngian ot
Fe shts and ptivileges, which God and the eniornd
seusinis inalienably theirs, and which the one
pi Britain, with unrelenting vengeance, Injustice a
Great ete laboring to subvert, they had been induced
pre easures, which it was their wish to explain, to
rg I 3 be interested in them and their conse-
poten provinces, at a distance from their places of
fio ome and without that circle within ep se
sonal and family influence might be exer _ —
iudice of the; continent, and the province " >
a had deemed it ae eres pels H
ety, to remove a body ef men, whose resid bie
au cast in the very bosom of the eee 4
who, in common with the people of it, |

-acial
blessings which a mild and liberal system of province

) . . ‘
jaws, a benign climate and an increasing trade, that
. : ’

i industry, the coun-
iches into the lap of honest in
oan of their honest neighbors, held
a to them with the most liberal hand. ities
These misguided people, ae cutie oe od
ich they owed to country,
cam pe rn which they a =
le means of subsistance D
tion, procured amp bsistance ,

aa and families, and see angen pro-
rty, they were equally boun » by enn: ~~

“a divine: to defend and maintain the cau libert

just and equ

jnee, all virs
which, in common with the rest of the provinee,

i he hazard of every thing
en on the continent, at t
pegs them, were laboring to defend. These men,

i
;
;

 
 

388 CHAPTER [1776

confederating with the unnatural enemies of America,
taking advantage of their residence in the province and
the confidence, which that circumstance necessarily cre-
ated, had -raised their hands against their neighbors and
endeavored to embrue them in their blood. God, in-his
providence, had hitherto defeated their wicked machina-
tions, and put-into the possession of the friends of
liberty. the principal men among those, who, from the
wickedness of their own hearts and the seduction.of
others, meant to have consigned a most flourishing pro-
vince to the most abject slavery and oppression; though
subdued, they still retained principles, inimical to the
country, and were ready, as soon as they should. be fa-

vored by their situation or the assistance of troops, ¢x-

pected every day to invade the province, with the proba-

bility of success, to attempt to carry their wishes into

execution, and, co-operating witha merciless administra-

tion, drench the province in blood.

Such, the congress declared, were the motives of
their conduct, which a regard to the common safety, and
that first principle of nature, self preservation, prompted
and justice demanded at their hands. In the anguish of
their hearts, they lamented the sad necessity, which the
frailties of their fellow beings had allotted to their share,
and still hoped. for the reformation of those who, in this
happy cuntest, were severed from them and those en-
dearing. ties which nature and_ social connections had
formed for them, and who still remained in the province
to, lament the folly and wickedness of those who had
been removed: to those the congress administered this
consolation, that they might rest assured, that no wanton
act of cruelty or severity should be exercised. towards
the prisoners; no restraint imposed upon them, but

E 39
1776] THE ELEVENTH. 3

what should be necessary to prevent them using theit
liberty to the injury of the friends of America. 53
The.congress declared, they had their own security
in contemplation, not to make others miserable; they
commiserated the errors of those whom they had in their
power; their situation disarmed resentment: they would
hail their reformation with increasing pleasure, and ree
ceive them with open arms, and their sincere contrition
and repentance would atone for their past conduct.
Members of the same political body, the congress said,
had felt the convulsion which the severance occasioned,
and should bless the day which should restore them to
friends of liberty, the cause of America, of God and of

- mankiniieeess. sales

They added, they warred not with the helpless fami:

Jies those men had left behind; but sympathised with

their sorrows and wished to pour the balm Of pity into
the wounds which a separation from husbands, fathers
and the dearest relations had made; and considered them
as the rightful pensioners upon the’ charity of those who
had aught to spare, from their necessities, for the relief
of their fellow creatures: to such persons they recom-

mended them. 4

‘They expressed a hope, that the humanity and com.

passion which had marked the course they were engag-
ed in, would influence the minds of the prisoners to

such a conduct as might call forth the utmost tenderness,
as much depended on the future demeanor of the. fami-

lies of the insurgents as on the treatment they would ex-
perience. They might consider themselves as hostages

for their own good behavior, and, by their own good con-
duct, do kind offices to their friends, a tribute of du-

oe es Pe EE De deh

 

 
 

 

 

390 CHAPTER {i776

ty as well as humanity, from those in whose power they |

were, '

General McDonald was released on his parole.

The congress adjourned on the 14th of May.

The armament which had left the port of Portsmouth
in the latter part of December, under the order of admi-
ral Sir Peter Parker, had proceeded to Ireland, to receive
some troops. It was detained so lonz in Ireland, that

it did not reach the mouth of Cape,Fear river, till the be-

ginning of May. The success of general Caswell, at
Moore creek bridge, had so much depressed the friends
of the royal cause, that it was, for a long time, deemed
of no avail to make any attempt against the province.
The troops remained on board of the vessels, in the
river, in the vicinity of fort Johnson. On the 12th,
however, between the hours of two and three, about
nine hundred men were landed, at general Howe’s
plantation, in the county of Brunswick, under the com-

_ mand of Generals Clinton and Cornwallis. The sentry, —

posted on the bank of the river, immediately gave the
alarm to the guard, who had only time to collect their

horses and throw down the fences, to let a few cattle »

out, which they drove off, before the enemy surrounded

the house, On their march up the causeway, from the —

river, part of the guard kept up a brisk fire on them,
which the enemy steadily returned. A few women,
who were left in the house, were treated with great bar-
barity; one of them was shot through the hips, another
was stabbed with a bayonet, anda third knocked down
with the but of a musket. In the small skirmish, while
the British were on the causeway, they had one man
killed, several wounded anda serjeant of the 33d regiment

1776] THE ELEVENTH. 394

made prisoner, From general Howe’s they marched
to Ostin’s mill, with a design to surprise major Davis,
who commanded a detachment at that place. In this
they failed: the major having received intelligence of
their landing, by the guard, on their retreat from gene-
ral Howe’s, moved off with his baggage and two swi-
vels in very good order, unperceived by the enemy.
They burnt the mills and retreated to the vessels. ‘This
invasion produced no other advantage than three horses
and two cows.

. On the 29th of May, the armament left the river;

oi of upwards of thirty vessels, without

aving made any serious attempts against the pro-
vince: their design, it was believed, being frustrated

_ by the discomfiture of the forces raised by general

McDonald. _ By the unwillingness of the former re-
gulators to join the royal standard, the separation of
some of their ships and the loss of eight of their pro-
vision vessele, while in the river, they were so dis-

tressed for provisions that they killed several horses,

on Baldhead, the flesh of which was served to the
men. They, however, found some barrels of pork
in the county of Onslow, by the assistance of one
Gibbs, of New river, and another man called Cruder,
with whom governor Martin had kept up a corres-
pondence. This was, however, all that the gover-
nor could effect, and he found himself deceived in
the hope which he had expressed, of being able to
command such a force as would be sufficient, with
the assistance of a few ships and troops, to keep
the inhabitants of the province in awe and submis-
sion.

\
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4

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i

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392 CHAPTER [1776

This second miscarriage damped the spitits of
the friends of the royal cause and confirmed the
hope which their opponents had entertained, that
they would, by their unceasing steadiness, compel
the partizans of the crown to abandon the pro-
vince, or join in the protection of the glorious cause
of liberty.

The fleet made its appearance before the city of
Charleston, in the early part of June: it, however,
abandoned that station before the end of the month.
Their inability to strike a blow animated the hopes
and depressed the fears of those who imagined, that
the American provinces would not prove able to
cope with the forces of the mother country.
While it was expected that the sight of the fleet would
strike terror into the minds of the inhabitants of the mar-
itime counties, and every possible means was exerted

to create dissention and strife in the heart of the pro-
vinces; an attack was meditated on the western frontiers.

— Governor Tonyn of East Florida had requested to be

furnished with a small force, at the head of which, rein-
forced by the adherents to the British cause in his pro-
vince, he proposed to march into the Indian nations, on
the borders of Géorgia and Carolina. He had no
doubt of ‘his ability to engage the red people to spread
slaughter, devastation and ruin on the margins of the
provinces, while with his force he promised to march
into the thicker settlements. ° The accidental capture of
the bearer of his dispatches prevented the success of his
scheme. It was not, however, entirely defeated. On
the very day the British fleet -began to-fire on the coast
of South Carolina, the Cherokees commenced their in-

1776) THE ELEVENTH. 395

vasions on the unprotected and unsuspecting back

settlers.

Early in the month of July, Griffith Rutherford, brig-
adier general of the militia of the district of Salisbury,
passed the mountains, at the head of nineteen hundred

. men, while colonel Williamson led a party of the militia

of South Carolina against the Cherokees. As general
Rutherford crossed the wilderness, jparties of Indians,

lying in ambush, harassed him by a galling fire. He
however after a short time succeeding in silencing them,
ranged the settlement of the enemy undisturbed, laid
waste the plantations and destroyed their provisions,
This timely chastisement produced the most fortunate
effect; most of the Indians surrendered themselves and
sued for peace. The more obstinate fled to the pra-
vinces of the Floridas, in search of that protection,
swhich was due to them, from their instigators.

During these days of alarm and distress in the south-
ern provinces, an important event took place in Phila-
delphia. On the seventh of June, the congress received
the proposition that the United States were and ought of
right to be free and independent, that they were absolved
from all allegiance to the British crown, and that all po-
litical connexion between them and the state of Great
Britain was and ought to be totally dissolved. It’ was
agreed upon, on the second of July, and on the fourth’a
formal declaration of independence was subscribed by
the delegates of all the colonies present.

On the first day of August, the council of safety,
sitting in the town of Halifax, caused this joyful event

to be proclaimed before them, in the presence of the
militia of the county drawn up under arms for that pur-
pose, amidst the acclamations and shouts of alarger as-

N. CARO. Il. 50
 

404 CHAPTER | [1776

semblage of people, than had ever been witnessed in tha
part of the province.! b

Thus ended the royal government in the province o
North Carolina, forty eight years after the purchase of
the interest of the lord’s Proprietors; one hundred and
thirteen years after the first charter of Charles the second;
and one hundred and ninety-two years after the arrival

Of the first British adventurers at Ocracock.

Governor Martin’s administration was a turbulent
one. He lacked not the inclination, neither was he ab-
Solutely deficient in the talents, requisite to have render-
ed it otherwise. During the greater part of it, he
seems to have found himself too strictly fettered by his
instructions, to have been able to do much for the service
of the province. In the latter years, he appears to have
misconceived the means that might have averted or quel-
led the storm. He had formed and communicated to
the ministers a wrong idea of his own influence and
that of the persons who favored the commotions which
ended in the prostration of his authority, and he surely
had gained no very intimate knowledge of the temper
of the people over whom he presided. His project of
arming the slaves would have sullied a reputation ac-
quired by a series of years of useful services.

James Hassell, L. H. De Rosset, John Sampson,
Alexander M’Cullough, William Dry, Samuel Cornell,
Martin Howard, Marmaduke Jones, Sir Nathaniel
Duckinfield and Samuel Strudwick sat in council du-
ring governor Martin’s residence in the province.

Richard Caswell, of the county of Dobbs, and John
Harvey, of the county of Perquimans, filled the chair

of the lower house, and Martin Howard, the chief judi-
cial seat, during that period,

i 398
i776} THE ELEVENTH.

The population of the province, at the end of : the royal
government, is imagined to have consisted of little more
than one hundred and fifty thousand souls; one fifth of

ves.
Onan of Edenton, Newbern and Wilmington
were the only ones to which the appellation could be
given, and the most populous of them, Newbern, did
not count more than six hundred inhabitants.

igi H ithstanding the pro-
Religion was at a low ebb; notwit
vision ao by law for one clergyman of the established

h in every parish, there were not more than six
ee setled in the province. The presbyterians
had nearly an equal number. The quakers had reli-
gious establishments in the counties of Perquimans,
Pasquotank, Orange, Guilford, J ohnston and Carteret.
The Moravians or united brethren had six settlements,
Salem, Bethabara, Bethania, Friedberg, Frieland and
Hope, and the number of persons under the care of this
church, in all these, was about five hundred.

There was no regular establishment of any other de-
nomination of christians; though the counties were
visited by itinerant baptist and methodist preachers. -

Litterature was hardly known. There were in 4
whole province but two schools, the trustees of w a
had of late been incorporated; those of the towns
Newbernand Edenton. In the first, a wooden building
had been erected by the trustees, in which the meetings
of the lower house of the legislature were occasionally

— of the principal staple commoilities of the pro-
vince was tobacco. _ It was principally cultivated in the
uper counties, bordering on Virginia, and in the western
ones, Indian gorn, wheat, peas, beans and potatoes, were

 

 
 

ale CHAPTER [1716

raised throughout the colony; indigo and rice were
planted in the lower counties of the district of Wil-
mington. . The swamps on the borders of Cape Fear
river, were deemed very rich and extremely well calcu-

lated for the culture of rice; but the greater part remain- —

ed undrained for want of people. Cotton was raised on
most of the farms, though, perhaps, not on any for expor-
tation, the staple appeared excellent. Ship building was
an object of attention, in seyeral parts of the province,
large quantities of naval stores and lumber of all kinds
were exported yearly. Vast herds of cattle and hogs
Were raised. Many settlers, in those parts of the coun-
try, which lay at a distance from navigable streams, de-
pended on the hides of their cattle and barrelled meat,
with some corn and potatoes, for the people of their
plantations. Those settlements were not, however, very
numerous; most of the farms being on the borders of
some river or creek, affording the means of inland naviga-
tion. The province, however, was greatly deficient in
ports, at the mouths of her rivers, which might admit
large ships.

The ordinary mode of husbandry was to clear a piece
of wood land;.a work of but little trouble, the growth of
trees being generally thin. ‘This being effected, and the
clearing fenced, Indian corn’ was yearly sown, till the
ground ceased to yield a crop sufficient to repay the labor
of the sower. In the lower counties, a new piece of
ground was now cleared; in the back counties, where the
soil was stronger and the climate more temperate, the
land was sown with peas or beans one year, and after-
wards, for two or three years, with wheat.

In this system of crops, the land was changed as fast
as it wore out, fresh pieces eleared, exhausted in succes.

H. 397
1776] THE ELEVENT

sion, and left to the spontaneous growth ; it was not
here, as in England and the northern colonies, where
weeds come first and then grass ; the climate re so
hot, that, except on rich moist lands, any sort S =
was scarce; but the fallow, in a few years, arate
forest, no climate being more congenial to ‘e pa
growth of trees 5 if the planter did not return, a “
vate the land, which, from the great abundance re) ee
ground, was often the case, the old Lene =
soon to be distinguishable from the rest of the w >
Fruit was in as great abundance, a fe) 00
finea flavour, as in any of the other provinces 3 peaches
were so plentiful, that vast quantities of them were

iven to the hogs.
; The total exports of the province were valued at one

hundred thousand pounds sterling.

Records.—Magazines.—Gazettes,

 

 
Ht

hf

CONTENTS OF VOLUME I.
CHAPTER I.—FROM 1729 TO 1734. :

The province of Carolina divided; George Burrington ap- q
pointed governor of North Carolina; his arrival at Edenton; 4
Sir Richard Everard’s surrender of the government; sketches
of the new governor’s instructions; Sir Alexander Cumming "
gent to conclude a treaty with the neighboring Indians; Dr. f
Brickell sent-by the governor to explore the country towards A
the mountains; Sir Alexander meets the Cherokee chiefs, who i
acknowledge their dependence on the king of Great Britain,
agree to a treaty, and send six of their chiefs to England;
first meeting of the legislature under the authority of the
crown; the governor’s requisitions disregarded; courts of jus-
tice established; arrival of the Cherokee chiefs in England,

their reception, treaty concluded with them, their return to

Charleston; chief justice Smith, disagreeing with the governor,
sails for England; rice allowed to be exported from the Caro-
linas to the southern parts of Europe; the governor visits the
settlements on Cape Fear river; meets the legislature for the
second time; they refuse again to comply with his demands; :
he dissolves the assembly ; the British American provinces t
allowed to export non enumerated commodities to Ireland; i
the manufacture of cordage discouraged, Onslow precinct es- i
tablished; the province of Georgia settled; the manufacture of i

hats restrained; lands in the American provinces made liable i
to sale on executions; Edgecombe and Bladen precincts esta-

 
|
|

ye tt
Wi)
Bit

 

400 TABLE OF

blished; the chief justice returns, and the governor departs;
president Rice.

CHAPTER II.—FROM 1734 TO 1744.

Governor Johnston arrives; meets the legislature; paper
money emitted; court of exchequer established; the southern
provinces alarmed at the approaching rupture between the
mother country and France and Spain; governor Oglethorpe
fortifies the province of Georgia; a Spanish commissioner
comes, and demands the surrender of that colony; governor
Johnston meets the legislature; his speech at the opening of
the session; he prorogues the legislature; the navigation of
British vessels in the American seas obstructed by Spanish
guarda costas; statute for the encouragement of British sail
cloth manufactures; the legislature meets at Newbern; cir-
cuit courts established at Newbern and Newton; office of pro-
vost marshal abolished; sheriffs substituted; precincts denomi-
nated counties; differences with Spain terminated by treaty;
new rupture; letters of marque against the subjects of Spain;
the village of Neusen established as a town, under the name of

Wilmington, and admitted to representation in the assembly;

declaration of war against Spain; admiral Vernon sent to the
West Indies; governor Oglethorpe directed to annoy the
Spaniards in Florida; forces raised for the purpose in the
Carolinas and Virginia; unsuccessful attack of St. Augustine;
meeting of the legislature at Edenton; aid granted in specific
commodities; great scarcity of currency; commdoities made a
tender in payment of taxes; the privileges of British subjects
extended by parliament to certain aliens settling in the Ameri-
can provinces; bounty on naval stores continued; 400 men sent
to reinforce admiral Véernon’s troops in the West Indiers;

meeting of the legislature at Edenton; town of Johnston esta
blished in Ouston; the province divided into fourteen parishes;

ase SALA SCE gas et eR ROT ERED MATRA” Tra

 

CONTENTS. 401

meeting of the legislature at Wilmington; hr page a
Hampton established; the parliament forb se —.,
of banking institutions in the American — ; sat
ake a descent on Georgia; governor Ogle orp a
pra the enemy abandons the colony; the = 4 pi a
“fh pe
bi peti ag Ta pated regulated; parlia~
a: aie the bounty on the exportation of naval stores;
m

lord Granville’s part of the Carolinas assigned to him in seve-
Jor

i horized to tak
ity; American’ courts of yice admiralty, author to take
valty;

gognizance of prize cases.
CHAPTER IIL.—FROM 1744 TO 1782.

rahe daplives war against Great Britain; the French a
Breton take fort Canseau; unsuccessful attempt os
pow lis: meeting of the tegislature at Newbern; - n-
ae stati Fear river, built; the town of Brunswick ~—
ae i capture of cape Breton; the pretender’s rete ‘a
ed; —
pase” meeting of the legislature at anager Mas =
ton; the counties of Johnston and Granvi ; =
sa d; right of representation rendered vane among
pe fe erior court removed to Newbern, with the court
i “ ourts of oyer and terminer and nisi prius held at
“ scars ova and the county of Edgecombe; adherents
pale vail nite to the American provinces; wenn”
‘aes vt ; on Cape Fear river; provision made for a ‘revision
crit incial laws; parliament continues the statutes for
pales pene of the manufacture of British sail cloth,
the encour

i f riee from the Carolinas to

owing the exportation ©; ;

pa gtt ett t of Europe; tea allowed to be imported into
paying the inland duty; the

 

ae

a

the southern par

erican provinces, without , ,

seiner Sas encouraged by a bounty; meeting of the
nw. caro. u 51

ae
 

402 : TABLE OF

legislature. at Edenton; fortifications directed at Ocracock,
Topsail and Bear inlets; emission of paper money; fiscal regu-
lations; new fee bill; exportation of raw hides forbidden; Tus-
carora Indian lands marked off; king’s rent roll; James Aber-
crombie appointed agent of the province in England; peace of
Aix la Chapelle; Spanish privateers come into Cape Fear
river; two of them blown up; parliament authorizes the people
called Unitas Fratrum, to settle in the American provinces;
first printing press established in North Carolina; Nova Scotia
settlements encouraged; meeting of the legislature in Newbern;
revisal of the laws approved; certain statutes of the British
parliament declared in force; provision for the relief of insoly<

ent debtors; the counties of Duplin and Anson, and the town
of Hawns, established; raw silk and bar and pig iron exempted

from duty by the British parliament on importation from the
British American provinces; slit mills and iron furnaces strictly
forbidden to be erected; the people called the Unitas Fratrum,
purchase a large tract of land between Dan and Yadkin rivers
from lord Granville; the legislature meet at Newbern; first in-
spection laws; pilotage of Cape Fear river regulated; inland
duty on wines and spirits from South Carolina; new style; ma-
nufacture of pot and pearl ashes in the American provinces en-
couraged; bounty on naval stores, masts, &c. continued; meet-
ing of the legislature at Bath; improvement. in the navigation
of the principal rivers; the county of Orarige and the town of
Wimberly established; the first . printed publication of the

provincial laws; charter of the province of Georgia surrendered;
governor Johnston dies.

CHAPTER IV.—FROM 1%52 TO 17654,

President Rice; great storm; president Rowan; meeting of
the legislature at Newbern; the county of Rowan and town of

ono PRIETS

f De at es a EMRE MAS SSS ree

 

fey

CONTENTS. 405

; ptt ; of
Portsmouth established; fort Granville ts nage st
the French on the Qhio; lord Holderness’s circular; o
e

f the French king to his governor in Canada; governor Din-
a oe es . n
pe die’s letter to president Rowan, soliciting an aid of aie
yon “ legislature at Wilmington; lower house nae
sic oney; plan for a loan office; aid
ission of paper m ;
ities Nit per money emitted; the county of omperend
—_ a Ze of Exeter and Gloucester established; forces
t own ' ge
wi to Virginia under colonel Innis; they return without any
sent to

thing being effected; Albany plan of union.
Oy

$ CHAPTER V.—FROM 1754 TO 1760.

i

€lovernor Dobbs arrives at Newbern, with a number of can-
ov

i i ting of the legis
; his speech at the first mee
pees : ng; new judicial system; genera

A the ki
Jature; aid granted to ahi hemes esiaaatetae

k arrives in Virginia, Ce ~t
ee the governors; his difficulties in procuring aid; gover-
fetter to EA

\ nor Dobbs-attends him at Alexandria; plan - jriarreer
“a | marches towards “Monongahela;,is attacked, a
ae a d: governor Dobbs visits the western frontier
feated and killed; . meets the legislature at Newberns. fort
and nels yi sj: eb Bonne: erected; Wachovia erected
st ns es arish; yellow fever; lord hortadony the -wew
oe a i arrives in Virginia; Oswego taken by the
water ee ti tie legislature; aid granted; improvement
-guieeaa we laws; the upperhouse, at the governor's

of eats ae nah address the king for troops for the foxtinw
oecanceenagpaar es governor Glenn, of South Carolina,
tions; post A the western country lately acquired from the
i — it ent under. captain Waddle to fort Loudon;
— coe attends a meeting of the governors of ‘
aad passed at Philadelphia; plan gpm ac tials

aia AS ho one ae

aie Soh a eee be Ea

en

 
 

ot TABLE OF
general Lyttletou, of South Carolina, applies for succowry
governor Dobbs convenes the legislature; succour granted;
indemnification to the provinces of Virginia, North and South-
Carolina voted by parliament; meeting of the legislature at
Newbern; aid granted; Indian affairs; gloomy prospect of the
time; William Pitt’s circular letter; Sir Jeffrey Amherst arrives
at Halifax with troops; general Abercrombie, commander in
chief; plan of the next campaign; the legislature meets at New-
bern; aid granted; the town of Hertford established; the island
of Cape Breton taken; fort Frontegnac; the legislature meets
at Edenton; aid granted; the city of Tower Hill established as
the seat of government; Halifax district and Nixonton esta-
blished; fort Duquesne taken; the Indians fall on the back
settlements of the southern provinces; riots in Edenton dis-
trict; meeting of the legislature at Newbern; Mijagara and
Quebec taken; meeting of the legislature at Wilmington; new
court system; altercation between the two houses; attempt to
emit paper money; aid to the king; the county of Hertford
established; navigation of Neuse and Pamplico rivers; the
town of Hillsborough established; the assembly dissolved.
governor Lyttleton, of South. Carolina, marches against the
Indians; new legislative body meet at Newbern; riots at Hills-
‘borough; sheriff prevented from holding the poll; court system;
lower house address the governor to pass the bill; his perplexi-
ty; heconsults the chief justice and attorney general, who ad-
» vise him to give his assent; he addresses the lower house, and
presses them to pass the aid bill first; the lower house form
themselves into a committee of ‘secresy of the whole, and om
its report pass a resolution disapproving the governor’s conduct,
and address the king; address the governor again; he rejects
the bill; county courts established; clergy bill; the assembly is
prorogued; meets again; superior court bill passed; the upper
house amends the aid bill; the lower house complains; it passes

both houses with a clause for an emission of paper money, and

is rejected by the governor.

CHAPTER VI—FROM 1160 TO 1764.

yokees fall on the back parts of South prepuce
fi ent under captain Waddle to the relief of that province;
force s

he Creeks join in the war, governor Bull applies to governor
the Cre

egislature convened at Wilmington; back-
: d militia bill; distressed

The Che

Dobbs for help; the I a

ss of the lower house; aid an
yn ae a fort Loudon; the garrison abandon it; success of
situati

the British arms in Canada; the legiemrese rage prio 2
ton; difficulty in forming @ house; bec se ve oa nor
assembly regulated; the county of Pitt a : e phot
borough; first lottery encouraged by sonra ae >
pill rejected by the governor, legislature p rogu a

pn expedient of the lower house in regard to

: ion;
pe lea wed motives of the

the aid bill; the assembly dissolved; avo penta ripe
y duct censured at home;
i tion; the governor's conduct cen ee
woe 11; George III. proclaimed; new ‘legislative righ
mu about the agent; aid bill; colonel Greene sen

ee siCuconiil marches against the Cherokees; defeats i

? : °

aa de with them; late court laws disallowed by pt ing;

peor for censures lord Egremont’s circular letter; new

‘ .

legislative body meets in Wilmington; the governor’s speech;
legisla

i cued; second
lower house; legislature proregy
ame rege: refuse an aid; anxiety occasioned by ac-

oan laws; legislature prorogued;

oan — petted the ena eon the lower
~~ ste the king; the assembly dissolved gala
rders recruits to be raised; representation of the oo
, issi of trade and plantations on lottery and agent bills;
prec ea body convened at Newbern; new court system;

governor Dobb

meeting;

 
 

ear © ae Sora ae A it ae ee é ae base ea

46. ‘TABLE OF

Po between the two houses; clergy and road acts; the

Ou ty of Mecklenberg and the towns of Kingston and Camp-
beliton established; the two houses address the king for the

repeal of the ‘Tower Hill act; protest in the upper house; de-

finitive treaty of peace; charter of the towns of Edenton, New-
bern, Wilmington and Halifax; governors of the southern pro-
vinces meet at Augusta ‘for the settlement of Indian affairs;
lord Egremont’s circular letter on contraband trade; governor
Dobbs goes to Augusta; president Hasell; Indian treaty; the
governor returns; meets the assembly at Wilmington; contest
between the houses; chart of the coast; culture of hemp en-
couraged; militia act; the counties of Brunswick and Bute
established; first schoolact; resolution of parliament on taxing
the colonies; periodical publications first attempted, North
Carolina Magazine; Wilmington Post Boy; lieutenant governor
Tryon; legislature meets at Wilmington; letter of the speaker
of the house of representatives of Massachusetts on the taxa-
tion of the colonies; post office encouraged; account of paper
money and treasury notes emitted; contest on the appoint-
ment of a king’s printer; governor takes his leave of the house,
on his intended voyage to Europe; disturbances in Orange
connty; the governor dies.

7 \

CHAPTER VII.—FROM 1765 TO 1768.

~ Lieutenant governor Tryon takes the administration of goy-
ernment; George Whitfield passes through the Carolinas; riots,
in Mecklenberg; legislature meets*at Wilmington; post office;
clergy law; first rumor of the stamp act; legislature prorogued;
general consternation through the British provinces; dissolution

of the fhouse of burgesses of Virginia; meetings of the peo-

ple at Edenton, Newbern and Wilmington; disturbances in
Orange; house of representatives of Massachusetts propose a

catia a . 4 cimeniataial
Sees panes

 

‘at New-York; proceedings in Virginia;

CONTENTS. me, 2

f deputies from all the provinces, at New-York; pre :
of people ht Providence, Boston, Charlestown, |

hode ‘Island, New Jersey, Maryland; congress
North Carolina; asso-

lia - ‘ Jieutenant governor
jation i ‘adelphia and New-York; lieu
rai *s circular letter;

wnted governor; general Conway

piciae brn arrive in Cape Fear river; their landing
prevented; duel at Wilmington; surviving party ne angie his
trial and aéquittal; chief justice Berry shoots himself; wey 3
act repealed; first meeting of the people of ome at Mad-
dock’s mill; meeting-on Deep river; second meeting at the
e body meets at Newbern; contest between
address to the

meeting}o
ceedings
Connecticut, R

mill; new legislativ
the houses on the appointment of a treasurer;
throne; Presbyterian ministers permitted to marry; be greoncu
Jand; palace; Cherokee line; the legislature —— at ok
bern; new court system, Hillsborough district established;
house address the king for an emission of _— money; asso-
ciation of the regulators; their committee waits on the gover-

jation i rs ines of governor and coun-
nor; association in Anson; proceeding: g

cil; governor proceeds to Hillsborough; his proclamation; sends
? ps oe

the sheriff to collect the taxes; deputies of the regulators at-

tack him; militia called; oath of allegiance; meeting of the

council; regulators come in arms to the superior court; they
? tJ

retire; proclamation of pardon.

CHAPTER VIII.—FROM 1768 TO 1771,

na
A

m1
The lesislature meets at Newbern; letter of the speaker of
i=]

the house of representatives of Massachusetts; treasury certi-
ficates; inspectors’ notes received for taxes; the county of e
Tryon established; lieutenant governor Mercer; assembly yd
solved; first disturbances in Orange; further proclamation o:

pardon; new legislature meets at Newbern; Indiana flairs; cul-
>
 

+

408 “TABLE OF

of raw’ silk; letter of the speaker of the house of burgesses
cia resolution on the taxation of the colonies; address
to the throne; assembly dissolved; disturbances in Orange ex-
tend to other counties; superior court obstructed at Hills-
borough; riots; charter of the town of Hillsborough; fortifica~
tion of Newbern; the legislature meets there; Hermon Hus-
band, one of the regulators, expelled from the house, imprisoned
and bailed; riot act; chief justice’s salary; the counties of
Wake, Guilford and Chatham established; execution law;
post office; secretary’s office removed to Newbern; fresh
disturbances; council advises the governor to march against the
regulators; their meeting in Rowan; court of oyer. and termi-
ner at Newton; governor Tryon marches at the head of an
armed force; proceeds to Johnston court house; Wake county;
Hillsborough; general Waddle compelled by the regulators to
retreat;, Haw and Alamance; battle; rout of the regulators;
army marches to Sando creek; Jersey settlements; Bethabara;
Reedy creek; joined by general Waddle; return to. Hillsbo-

rough; court of oyer and terminer; sentence; execution; army

leaves Hillsborough; governor Tryon takes care of them, and

. proceeds to New-York.

CHAPTER IX.—FROM 1771 TO 1774.

President Hasel; governor Martin; the legislature meets in
Newbern; oath of abjuration; South Carolina line; importation
of salt from Portugal and Spain; address to the king; act of
indemnification; town of Martinborough established; duty on
‘wine and spirits; assembly dissolved; governor’s proclamation;
new legislature; act of pardon and oblivion; contest on the

_ process of attachment; expenses of running the South Caro-

lina line; pot and pearl ashes; house refuses to sit without a

s full quorum; assembly dissolved; great distress occasioned by
"the occlusion of courts; court of oyer and terminer; governors

eran arena

Tae SG:

CONTENTS. 409

prohibited from issuing patents; court bill disallowed; governor

authorized to assent to an attachment law on certain terms;

the legislature meets at Newbern; Virginia resolutions; com-

mittee of correspondence; duty on wines and liquors; mem-

“ber from Tarborough refused a seat;’ court bill, attachment

clause; contest between the houses; committee appointed to

address the king; legislature prorogued; new meeting; gover-

nor rejects the superior court bill; lower house addresses the

throne for leave to issue paper money ; inferior courts; courts
of oyer and terminer; counterfeited bills; malicious killing of
a slave declared murder; the county of Martin established;
duty on wines and liquors; Indian troubles; militia law; legis-

i ion; rders in re-
lature prorogued; dissolved by prorogation; new o

gard to patents; county meetings; provincial meeting proposed;
2 . . r
governor’s proclamation to forbid it; the deputies meet; the
°

council’s advice to the governor thereon; proceedings of the

deputies.

CHAPTER X.—FROM 1774 TO 1776.

é
Continental congress;
i ; in returns; Hen-

président Hasel; committees; governor Mart ;

derson’s purchase; general meeting of deputies called; meet-

ing of the legislature; of the deputies; sorgree's speech;
address prepared by the lower house; proceafinge of the de-
puties approved by the lower house; avsembly depalraty reso-
lution of the convention of deputies; governor fortifies the

issari x ek and the back.
palace; sends emissaries towards Cross cre a

: : bs
counties; county and town committees; governor’s letter to

general Gage intercepted; he retreats to Cape Fear; negroes
D>

on Tar river rise; inhabitants of Wilmington march to fort

Johnston, and set fire to the buildings; the committees at
?

Wilmington and Newbern denounce the governor; his letter

to L. H. de Rossett; continental congress meets; George

N. CARO. 11% 52

governor Martin goes to New-York; —

CURRED eer a, ——
RGR ae ES Eee Ra! eee

 

 

<a agpmene S
 

410 TABLE OF

Washington appointed commander in chief; emission of can-
tinental money; resolution of congress in regard to North
Carolina; fast ordered; congress rise; the ministers attempt
to separate New-York and North Carolina from the colonies;
proposal of causing the negroes to rise; provincial congress
called at Hillsborough; governor Martin’s proclamation; the
congress meets; approve the association; subscribe a test;
address the people; governor’s proclamation directed to be
burnt by the hangman; forces raised; plan of a general con-
federation disapproved; paper money emitted; address to the
people of Geeat Britain; provincial council; committee of

safety: town and county committees; premiums; provincia?
congress rises.

“CHAPTER XI.—FROM 1775 TO 1776.

Meetings held in the county of Mecklenberg, to ascertain

the sense of the people; orders issued to elect delegates; dele-
gates elected; they meet at Charlotte on the day appointed;

news of the action at Lexington, Mass, received; committee

appointed to draw up resolutions; resolutions drawn up and

submitted; the continental congress meets; Georgia sends

delegates to that body; recommendation to N. ew-York, North
Carolina, Georgia and Delaware; supply of salt, corn and peas
by North Carolina to Bermnda; emission of continental mo-
ney; North Carolina allowed a restricted exportation of pro-
duce; ministers sent to the back parts of North Carolina;
meeting of the provincial couneil; disturbances in New Hano-
ver; armed vessels; Scotch at Cross creek; general McDo-
nald; lord Dunmore, in Virginia; Great bridge; royal standard
raised at Cross creek; colonels Moore, Caswell and Lillington;
Rocky river; Moore’s creek bridge; tories defeated; provincial
council meets at Newbern; committee sent to South Carolina: .

 

  
   
   
 
    
 
 
 
 
  
 

CONTENTS. au

: - scial
; general Lee; provincia
i jssion of paper money; §
continental emisst

Hillsborough; military arrangements; Me
rotection of the coast; paper money; continenta
é orized to declare independence and form

: . the congress; general
alliances; rr I +b fleet arrives in Cope
ee it ‘cies their ill success; return to the ships;
wl gaa: SS sti Charleston; tories on New river; the ment
te ani of South Carolina; governor ‘Fenga's peagprh

eaves

genera j t i ] dians;
1 Rutherford marches agains by and sunrenes aad , 1

declares the independence of the colonies; it 15 pr O-
Ss

congress at
to Virginia ;
delegates auth

congre’
claimed at Halifax. .

THE END.

 
 

ERRATA.

Page 7, line 31, for chamel read charnel,
42, 13, intended—tended.
55, 18, Ansa—Anson,
75, 14, Neppel—Keppel.
140, 10. tanial—trivial. ‘i
141, 18, their—true.
205, 13, Fanquin—Fauquier.
by 14, caused—accompanied. e ’
208, 26, laid—said.
222,° 22, ingenuously—ingeniously,
223, 8, ingenuous—ingenions,
230, 83, five—six. «- :
234, 13. David—tIsaac, ;
243, 20, dele—and. *
312, 6, after svfficient—add case. ret
: 566, 15, their—were. :