USA > North Carolina > Historical sketches of North Carolina : from 1584 to 1851, Vol. I > Part 39
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. The garrison of Hanging Rock consisted of five hundred men; one hundred and sixty Infantry of Tarleton's legion, a part of Colonel Brown's regiment, and Bryan's North Carolina Tory Regiment. The whole commanded by Major Carden.
The Regulars were posted on the right; a part of the British legion and Hamilton's Regiment were at some houses in the centre ; and Bryan's Regi- ment, and other Loyalists some distance on the left, and separated from the centre by a skirt of wood ; the situation of the regular troops could not be approached without an entire exposure of the assailants, and a deep ravine and creek covered the whole point of the Tory camp. Colonel Sumpter proposed that the detachments should approach in their divisions, march directly to the centre encampments, then dismount and each division attack its camp. This plan was approved by all the officers but Major Davie, who insisted on leaving
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the horses at this place and marching to the attack on foot, urging the confu- sion always consequent on dismounting under a fire, and the certainty of los- ing the effect of a sudden and vigorous attack. This objection was, however, overruled. The divisions were soon made, and as the day broke the march re-commenced ; the general command was conferred on Colonel Sumpter, as the senior officer; Major Davie led the column on the right, consisting of his own corps, some volunteers under Major Bryan, and some detached compa- nies of South Carolina refugees ; Colonel Hill commanded the left, composed of South Carolina refugees; and Colonel Irwin the centre, formed entirely of the Mecklenburg militia. They turned to the left of the road to avoid the enemy's piquet and patrol, with an intention to return to it under cover of a defile near the camp, but the guides, either from ignorance or timidity, led them so far to the left that the right, centre, and left divisions, all fell on the Tory encampment. These devoted people were soon attacked in front and flank, and routed with great slaughter, as the Americans pressed on in pur- suit of the Tories who fled towards the centre encampment. Here the Ameri- cans received a fire from one hundred and sixty of the Legion Infantry, and some companies of Hamilton's Regiment posted behind a fence; but their impetuosity was not one moment checked by this unexpected discharge ; they pressed on, and the Legion Infantry broke and joined in the flight of the Loyalists, yielding their camp, without a second effort, to the militia. At this moment a part of Colonel Brown's Regiment had nearly changed the fate of the day. They, by a bold and skillful manœuvre, passed into a wood between the Tory and centre encampments, drew up unperceived and poured in a heavy fire on the militia forming from the disorder of the pursuit on the flank of the encampment ; these brave men took instinctively to the trees and bush heaps, and returned the fire with deadly effect ; in a few minutes there was not a British officer standing, and many of the regiment had fallen, and the balance, on being offered quarters, threw down their arms. The remainder of a British line who had also made a movement, retreated hastily towards their former position and formed a hollow square in the centre of the cleared ground.
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The rout and pursuit of these various corps by a part of our detachment, and plunder of the camp by others, had thrown the Americans into great confusion. The utmost exertions were made by Col. Sumpter and the other officers to carry the men on to attack the British square ; about two hundred men, and Davies' dragoons, were collected and formed on the margin of the roads, and a heavy but ineffectual fire was commenced on the British troops ; a large body of the enemy, consisting of the legion, infantry, Hamilton's regi- ment, and Tories, were observed rallying, and formed on the opposite side of the British camp, near the wood, and lest they might be induced to take the Americans in flank, Major Davie passed round the camp under cover of the trees, and charged them with his company of dragoons. The troops, under the impressions of defeat, were routed and dispersed by a handful of men.
The distance of the square from the woods, and the fire of the two pieces of field artillery, prevented the militia from making any considerable impres- sion on the British troops, so that on Major Davie's return, it was agreed to plunder the encampment and retire. As this party were returning towards the centre, some of the legion cavalry appeared, advanced up in the Camden road, with a. countenance as if they meant to keep their position, but on being charged by Davie's dragoons, they took the woods in flight, and one only was outdone.
A retreat was now become absolutely necessary; the British Commissary's stores were taken in the centre encampment, and a number of the men were already intoxicated, the greatest part were loaded with plunder, and those in a condition to fight had exhausted their ammunition ; about an hour had been employed in plundering the camp, taking the parole of the British officers, and preparing litters for the wounded.
' All this was done in full view of the British army, who consoled them- selves with some military music and an interlude of three cheers for King George, which was immediately answered by three cheers for the hero of America. The militia at length got into the line of march, Davie and his
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dragoons covering the retreat, but as the troops were loaded with plunder, and encumbered with their wounded friends, and many of them intoxicated, this retreat was not performed in the best military style. However, under all these disadvantages, they filed off unmolested, along the front of the enemy, about one o'clock. The loss of the Americans was never correctly ascertained, for want of regular returns, and many of the wounded being carried immediately home from the action. Capt. Read, of North Carolina, and Capt McClure, of South Carolina, were killed. Col. Hill, South Carolina, Major Wynn, South Carolina, Capt. Craighead, Lieutenant Fleucher, Ensign McLuin, wounded.
The British loss greatly exceeded ours.
The loss of Bryan's regiment was severe. Sixty-two of Tarleton's legion were killed and wounded.
Major Davie's corps suffered much while tying their horses, and forming under a heavy fire from the Tories, a measure which he had reprobated in the council which had decided on the mode of attack.
It is an evincible trait in the character of militia, that they will only obey their own officers in time of action, and this battle would have been more decisive had the troops not fallen into confusion in pursuit of the loyalists and legion infantry, by which circumstance the different regiments became mixed and confounded ; or had the divisions of this army left their horse's where it was proposed they should, and marched in such a manner as to have assailed each encampment at the same time, a vigorous and sudden attack might have prevented the British from availing themselves of their superior discipline ; the other encampments must have been soon carried, and the corps remaining distinct would have been in a situation to push any advantages that Davie's column might have gained over the British line.
This account is nearly verbatim from the manuscript left by Mr. Davie.
After the affair at Hanging Rock, Major Davie conveyed his wounded to a hospital which his foresight had provided at Charlotte, and then hastened to the general rendezvous for the army under General Gates, at Rugely's Mills.
On the 16th of August, 1780, about ten miles from Camden, Major Davie, on his way to unite his forces with General Gates, met a soldier. He was an American, and was in full speed. He arrested him as a deserter, but soon learned from him that on that fatal day, the whole American army under General Gates, and the whole British forces under Cornwallis, had met, and that the British were triumphant. This unexpected information was too soon confirmed by the appearance of General Gates himself, in- full flight. General Gates desired Major Davie to fall back on Charlotte, or the dragoons would soon be on him. He replied, "His men were accustomed to Tarleton, and did not fear him." Gates had no time to argue, but passed on. Of. General Huger, who then rode up, Major Davie asked how far the directions of Gates ought to be obeyed, who answered, "Just as far as you please, for you will never see him again." He again sent a gentleman wlio overtook General Gates, to say that if he wished, he would return and bury his dead. The answer of Gates was, " I say, retreat! Let the dead bury the dead."
This battle and defeat was a death-blow to the South for the time.
Major Davie retraced his march, and took post at Charlotte. .
He dispatched an express to Colonel Sumpter, of the rout of the Ameri- can forces, which reached that officer's camp the same evening. Sumpter commenced his retreat along the west bank of the Catawba, towards the, upper country, with his command consisting of one hundred regulars, a com- pany of artillery, with two brass pieces, and seven hundred militia. To nations, as to individuals, it seems that misfortunes never come singly, but often crowd upon each other in fearful rapidity and overpowering force.
Sumpter, whose vigilance, activity, and caution had been distinguished, having now the largest military force in the army in the South, seems to have been benumbed by the panic which had seized the friends of liberty. He encamped on the night of the 17th, at Rocky Mount, and remained there all
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night, when he knew that the British were in striking distance. The next day he advanced only eight miles, and camped on an open ridge on the north bank of FISHING CREEK. Here, when some of his troops had stacked their arms, some bathing in the river, others asleep, others strolling about, he was attacked by a bold charge from Tarleton, who seized their arms, and cut down the sleepers as they rose, and an immediate flight ensued. Sumpter, who was asleep under a wagon, barely escaped with his life, and in the confusion, rode off without saddle, hat or coat, and reached Major Davie's camp, at Charlotte, two days after, unattended by officer, soldier, or servant.
Lord Cornwallis withdrew his forces to Camden, where he remained until the first week in September, to refresh his troops and prepare to march into North Carolina. On the 8th, he moved with the whole British army to the Waxhaws, about forty miles from Charlotte.
On the fifth of September Davie was appointed, by Governor Nash, Colonel- Commandant of Cavalry, with instructions to raise a regiment. He succeeded in raising only a part, and with two small companies of riflemen commanded by Major George Davidson, he took post at Providence.
With this small force he annoyed the advance of Cornwallis, and, for a period was the only armed body of resistance in the whole southern provinces that the eye of the patriot could rest upon.
With fearless resolution, at the plantation of CAPTAIN WAHUB, he attacked their camp, routed the detachment there posted, killed fifteen or twenty of their men, wounded about forty, and retreated in good order without any loss. Captain Wahub, who was with Colonel Davie, had only a moment to see his wife and children, and a few minutes after, as the detachment moved off, saw his houses in flames, lighted up by the cruel enemy. Davie brought off in this sortie ninety-six horses, one hundred and twenty stands of arms, and reached his camp the same evening, after riding sixty miles in less than twenty-four hours ; during which he had fought and beat a superior force.
Generals Sumner and Davidson, with their brigades of militia, had arrived that day at his camp. But on the advance of the British they retreated by Phifer's, the nearest route to Salisbury ; ordering Colonel Davie with about one hundred and fifty men, and some volunteers under Major Joseph Gra- ham, to hover around the advancing foe, annoy his foraging parties, and skirmish with his light troops.
Obeying these orders, on the night of the 25th of September 1780, Colonel Davie entered the town of Charlotte. At the same time the British army lay a few miles from town.
The town of Charlotte is situated on rising ground, and consisted then of about forty houses, the two main streets crossed at right angles, the court house in the centre. The left of the town was an open common, the right was covered with underwood. Davie determined to give them a warm recep- tion as a small foretaste of the welcome his lordship would have in coming into "The Hornet's Nest"' of North Carolina. He dismounted one of his companies, and stationed them under the court house; the upper part of which was occupied as a court room, the under as a market house :* the other two were posted behind the garden fences on either side of the street, by which the British advanced. The Legion of Tarleton (under Major Hanger, Tarleton being unwell), led the advance, the main body following. When within about sixty yards of the court house, a sharp fire was opened by the Americans, which caused the enemy to recoil. Lord Cornwallis, vexed to see his whole army thus checked, rode up in person and said, "Legion ! Remem- ber, you have everything to lose, but nothing to gain." Thus taunted, they returned, re-inforced, to the charge, and Colonel Davie ordered a retreat. The pursuit lasted for some time, for several miles, in which Colonel Locke, of Rowan, was killed, and Major Joseph Graham severely wounded; and about thirty others killed, wounded, and prisoners.
"'The king's troops did not come out of this skirmish unhurt. Major Hanger, Captains Campbell and MacDonald wounded, and twelve non-com- missioned officers and men killed and wounded."+
* Stedman, i. 216.
t Tarleton, 159.
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There is no event of more, chivalry displayed in the whole Revolutionary War, than this gallant attack of Colonel Davie by a mere handful of men ; facing with firmness, and checking even for a moment the whole British force.
The brilliancy of such an event was most appropriately displayed on the very ground that in May 1775, was the birthplace of American Independence.
The next day Colonel Davie joined the army at Salisbury, where the men and officers to raise new recruits had assembled. Here Colonel Taylor's regiment from Granville, was united to his command.
Generals Sumner and Davidson continued their retreat beyond the Yad- kin, while Colonel Davie returned towards Charlotte, the activity of whose movements, the daring of whose adventures, and the perfect knowledge he had of the locality of the country, rendered him useful to check the incur- sions of the enemy, repress the Tories, and encourage the friends of liberty.
Lord Cornwallis felt the difficulties of his position; and on hearing of the defeat and death of Colonel Ferguson at King's Mountain, he left Charlotte on the 14th of October, in the night in great precipitation, and retrograded towards South Carolina, re-crossed the Catawba River at Land's Ford, and took position at Winnsboro'.
The defeat of the British and Tories at King's Mountain, and the retreat of Cornwallis, revived the hopes of the patriots in North Carolina.
General Smallwood had his head quarters at Providence, and in a short time several thousand militia under Generals Davidson, Sumner, and Jones, joined his camp.
Colonel Davie, with three hundred mounted infantry, occupied an advanced post at Land's Ford. In November, the term of service of his men expired, and Col. Davie was left without any command. Harassed as he had been by , actual service, the enemy fled from the State, he was willing to have a tem- porary respite from the active duties of the field. He retired to Salisbury. But General Smallwood, who entertained the highest opinion of Davie's military talents, desired his services. At General Smallwood's suggestion, Colonel Davie sent Captain Montflorence, who had been his Brigade Major in active service, to the Board of War then sitting at Halifax.
This tribunal was created in 1780, with extraordinary powers, overshadow- ing the Governor, who was by the Constitution "Captain-General and Com- mander-in-Chief." As was to be anticipated, collisions arose between the Governor and this Board.
I have examined the act passed 13th September, 1780, and it directs that five persons be elected by joint ballot of both Houses of the General Assem- bly, who shall have the directions of the militia, provide ammunition, stores, appoint officers, and remove such as they might deem proper, establish posts, and carry on military operations.
Under this act Alexander Martin, John Penn, and Oroondates Davis were elected.
To them, the application of Colonel Davie was made; by them, referred to Governor Nash; and so, between the two, it was not considered. Collisions between the Governor and the Board were among the causes of the resignation of Governor Nash ; the Board, in itself inefficient, was soon discontinued.
"Nothing," said Davie, "could be more ridiculous than the manner in which it was filled. Martin, being a warrior of great fame, was placed at the head. Penn, who was only fit to amuse children, and Davis, who knew nothing but a game of whist, was placed on the Board."
Disgusted with such a state of affairs, Davie retired to his home.
When General Nathaniel Greene took command of the southern army in December, 1780, for the first time, he and Colonel Davie met. The commis- sary department had been vacated by Colonel Thomas Polk. Greene urged upon Davie to accept this important position. It involved great labor, untiring exertion, and great responsibility, while it held out but little honor or emolu- ment, and no laurels. But strong as Davie's love of fame, his love for his country was stronger. Ill suited as were these duties to his active and chi- valric temper, his patriotism caused him to accept its trusts.
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He accompanied General Greene in his whole campaign, in his rapid re- treat from the Catawba to the Dan. He was present at the battle of Guilford (in March, 1781), at Hobkirk's Hill in April, at the evacuation of Camden in May, and at the siege of Ninety-six. While the army beleaguered this . post he was sent by General Greene to the Legislature of North Carolina for men and means of war. His intimate acquaintance with the leading men of the State, his gallant services in the field, his winning manners and powerful talents gave much weight to his applications.
The scarcity of money caused the Legislature of North Carolina to create in 1781 a specific tax, and to imitate the famed system of the State of Frank- land, the legislature enacted that "for every hundred pounds of taxable pro- perty, one peck of Indian meal, or an equivalent in other grains, and three pounds of good pork, or an equivalent in other meats, should be paid; and authorized the collecting officers to distrain double the amount in case of a refusal or neglect to bring the specific articles to the appointed places.
In 1782, this was increased to one bushel of corn and to ten pounds of pork.
The articles to be collected under these laws came, of course, under the supervision and direction of Col. Davie, and enlarged the difficulties of his office. Governor Johnston afterwards declared that "this was the most op- pressive and least productive tax ever known in North Carolina." Colonel Davie viewed the measure as odious, and the plan worked so badly that the General Assembly in 1782 at " one fell swoop" abolished the offices of com- missary and quarter-master, and on Governor Martin informing Colonel Davie that he felt it his duty by law to dismiss his assistants, Colonel Davie wrote to him: " I am sorry your Excellency should feel a pang on that sub- ject, as they have already dismissed themselves. No man would desire to continue in a service where they reap no recompense, but reproach for their most active and zealous exertions.".
Colonel Davie's accounts were numerous, complex, and extensive, but were all closed with honor to himself and satisfaction to the government.
The war ended, his country liberated, Col. Davie now retired to private life and his professional pursuits. He took his first circuit in February, 1783, and about this time he married Miss Sarah Jones, the eldest daughter of General Allen Jones, of Northampton County, and located himself at Halifax. If his career in arms had been brilliant, his success at the bar more than eclipsed his military fame. His tall and commanding person, his mellow and well-modulated voice, his magnificent and flowing oratory, with his varied acquirements and solid learning, soon placed him at the head of his profession. The courts were so arranged that a lawyer of that day could attend every Superior Court in the State. Col. Davie regularly traversed the whole State (except the Morganton Circuit), and there was no case, State or civil, of importance, in which he was not employed. He shrunk from no labor, while he avoided no responsibility. An instance of his moral courage was given in the defence of Col. Samuel Bryan at Salisbury (March term), 1782, for high treason, when the popular current ran so high that it would be the disgrace or death of any one to defend so notorious a Tory, and so active an enemy of the State.
This is the first case of high treason, and we trust the case will be yet re- ported, as its record is in existence .*
He was a member of the Convention which assembled at Philadelphia in May, 1787, to form the Constitution. His colleagues were Richard Dobbs Spaight, William Blount, and Hugh Williamson. His labors in that body are recorded, and are evidences of his ability, foresight and patriotism. His name is not appended to that instrument, since his presence was demanded at the close of the session in North Carolina, to his professional pursuits.
He was elected to the State Convention at Hillsboro', 21st July, 1788, to consider that Instrument. Its ardent admirer, conversant with its principles
* In the Archives of Historical Society. Professor Hubbard thought this a fiction. Life of Davie, 84.
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and details, he was its able advocate. Its rejection by a vote of one hundred majority, proved that neither the lucid reason of Johnston, or Davie's impe- tuous eloquence, or abilities of its friends could make it popular.
In the legislature his efforts for the cause of education in 1789, deserve remembrance. "I was present," said Judge Murphy, "in the House of Commons, when Davie addressed that body for a loan of money to erect the . buildings of the University, and, although more than thirty years have elapsed, I have the most vivid recollections of the greatness of his manner and the power of his eloquence upon that occasion. In the House of Com- mons he had no rival, and on all questions before that body his eloquence was irresistible."
He was a member of the Board of Trustees : the selection of the site, the choice of professors, the arrangement of studies, engaged his personal atten- tion. As Grand Master of the Grand Lodge of 'North Carolina, he laid the corner-stone, and he was, to the day of his death, its constant friend and active benefactor. His portrait now hangs in one of the halls of the Institution.
In 1791, he was appointed by the Legislature one of the commissioners to arrange the boundary between North and South Carolina.
In 1794, he was elected Major-General of the third division of North Caro- lina militia, and in 1797, by Governor Ashe, appointed Major-General of the detachment raised under the act of Congress of that year in prospect of diffi- culties with France.
In 1798, he was appointed by the President of the United States Brigadier- General in the army, and this year he prepared a system of cavalry tactics, which were printed by order of the State, and used for this arm of the service.
In August of this year he was elected to the House of Commons ; and on the 4th of December following, elected Governor over Benjamin Williams.
In June, 1799, he was appointed by the President of the United States, with Oliver Ellsworth, Chief Justice of the Supreme Court, and Mr. Murray, then Minister at the Hague, as Ambassador to France, vice Patrick Henry, who declined. In November, 1799, he sailed in the frigate United States on this mission.
In the most polished court of Europe, the dignified person and graceful manners of Governor Davie were conspicuous. " I could but remark," said an eye-witness,* "that Bonaparte, in addressing the American Legation at his Levees, seemed to forget that Governor Davie was second in the mission, his attention being more particularly to him."
Governor Davie returned home, and in June, 1801, with General James Wilkinson and Benjamin Hawkins, was appointed to negotiate with the Cherokee, Chickasaw, Choctaw, and Creek Indians. This he declined.
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