USA > North Carolina > Historical sketches of North Carolina : from 1584 to 1851, Vol. I > Part 40
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In 1802, he was appointed by Mr. Jefferson to negotiate with the Tusca- rora tribe, as to the treaty between them and the State of North Carolina.
A treaty was signed 4th December, 1802, at Raleigh, by which the Indians extended their leases until 12th July, 1816, at which date their title ended and their lands reverted to the State.
In 1803, he became candidate for Congress against Hon. Willis Alston, and on the withdrawal of Mr. Jacocks, he was defeated.
About this period he had the misfortune to lose his estimable wife, who, more than twenty years had rejoiced in his honors, increased his joys, and divided his sorrows.
The loss of Mrs. Davie and the advance of years, caused him to seek retirement. He removed in 1805 to Tivoli, near Landsford, in South Caro- lina, where he died in December, 1820, in the sixty-fourth year of his age, leaving six children and his memory to his country.
His children were :-
Ist. Hyder Ali, who married Elizabeth Jones of Northampton County, and resided in Chester District, South Carolina. 2d. Sarah Jones, who mar- ried William F. Dessaussure of Columbia, South Carolina. 3d. Mary Haynes. 4th. Martha. 5. Rebecca. 6. Frederick William.
* Joseph B. Littlejohn, now of Tennessee, who was Gov. Davie's Secretary.
199
HALIFAX COUNTY.
THE CROWELL FAMILY.
Two brothers, John Crowell and Edward, came to North Carolina and set- tled in Halifax. They emigrated from Woodbridge, New Jersey. They are originally from England ; and they or their ancestors were originally called Cromwell.
. In the year 1674, says the Annalist of Philadelphia,* two brothers of Oliver Cromwell left England for America and settled in New Jersey. They fled from England, from the political storms that impended over the name and house of the late Protector.
While on the voyage, fearing that persecution would follow from the ad- herents of Charles II., then on the English throne, they resolved to change the name. This was done, with solemn ceremony, and by writing their name each on paper, and each cutting from the paper the M and casting it in the sea.
The family pedigree on vellum, recording these facts, was with the family in North Carolina, in an ornamental chest with other valuables, when by a party of Tarleton's Legion, in 1781, this chest was seized and taken off. These facts are undoubted. The record was again made up from the recol- lection of the family, and is still preserved among them. From one of them, these interesting and curious facts are derived.
'Here, in the quiet retreats of North Carolina, the aspiring blood of Crom- well found repose, and in the peaceful precincts of Halifax, the exquisite poetry of Gray was fully realized.
Some village Hampden, who with dauntless breast, The petty tyrant of his fields withstood, Some mute, inglorious Milton here may rest, Some Cromwell guiltless of his country's blood. .
John Crowell, who emigrated from New Jersey to Halifax, married a Miss Lewis. He died early, leaving several children. One of them, Joseph, mar- ried Miss Barnes, a celebrated beauty. One of the daughters of these married Mumford, whose daughter was the wife of Hon. Wilie Jones.
Edward Crowell married Miss Rayburn, aunt to Gov. Rayburn, of Georgia; by whom he had several children. His eldest son Samuel married Miss Bradford.
Colonel John Crowell, late member of Congress from Georgia and Indian Agent, was a son of Edward.
JOHN B. ASHE resided in Halifax and represented the town in the House of Commons. He was a' son of Gov. Samuel Ashe, and was born in 1748. He was a determined friend of liberty. At the early age of 19, he was a Captain in the regiment commanded by Colonel Alexander Lillington. He was under General Greene, and was Lieutenant-Colonel at the battle of Eutaw, one of the hardest fields of the Revolution.
He was elected a member of the Continental Congress in 1787, and served until 1788 ; and a member of Congress in 1790, and served until 1793. He was elected Governor of the State, but died before his qualification.
Hon. WILLIS ALSTON was a native and resident of this county. He ap- peared in public life as early as 1794, and continued until 1831, when he retired from public service.
He was elected to Congress in 1803, and continued until 1815 ; and again in 1825, and served until 1831 ...
In 1812, he was Chairman of the Committee of Ways and Means in Con- gress, a position of high responsibility and difficulty at any period, but particularly so at the period when our republic was at war with one of the most powerful nations on earth. He was a man of great tact, and was suc- cessful in his enterprises. He was distinguished as a consistent, uniform, and decided politician.
He died 10th April, 1837.
« John Fanning Watson, Esq., of Germantown, Pa.
22
200
HISTORY OF NORTH CAROLINA.
Hon. JOHN HAYWOOD resided in Halifax. He was distinguished for his sound legal learning and clear perception. He was elected, in 1791, Attor- ney-General of the State, and in 1794, a Judge of the Superior Court, which he resigned in 1800. He is the earliest reporter of the decisions of our courts, and his first volume is still used and has gone through two editions. It is considered good authority. He was the Author of the Manual of the Laws of North Carolina, and Haywood's Justice.
The late Chief Justice Henderson, in one of his judicial opinions, remarks of this distinguished man substantially, that " he disparaged neither the living nor the dead, when he said that an abler man than John Haywood, never appeared at the bar, or sat on the bench in North Carolina."
The late Judge Murphy, in his address at Chapel Hill, in 1827, held his character in equally high estimation.
He removed to Tennessee, and became distinguished in that State. His History of Tennessee is accurate and valuable. He was a firm believer in spirits and ghosts ; the great weakness of a great mind.
Hon. JOSEPH J. DANIEL was a native and resident of Halifax County. He was born about 1783 ; educated at the University, and studied law with Gov. William R. Davie.
In 1807, he was elected a member of the House of Commons.
In 1816, he was appointed a Judge of the Superior Courts of Law and Equity, which he continued to hold until 1832, when he was elected a Judge of the Supreme Court. This distinguished post he held until his death, in February, 1848.
He married Maria Stith, whom he survived, and by whom he had several children. He was remarkable for his patience, profound legal knowledge, and general learning, especially in history. His character was one of inno- cent eccentricity, and if he possessed "the wisdom of the serpent," truly, it might well be said, "the harmlessness of the dove" also belonged to him. The elevation of office, and the dignity of position, neyer changed the native sim- plicity of his character, and unadulterated purity of his republican prin- ciples.
In the appropriate language of Chief Justice Ruffin from the bench (12th February, 1848), on the presentation of the proceedings of the bar by the Hon. James Iredell, on the mournful occasion of his death-
" Judge Daniel served his country through a period of nearly thirty-two years, acceptably, ably, and faithfully. He had a love of learning, an inquir- ing mind, and a memory uncommonly tenacious ; and he had acquired and retained a stock of varied and extensive knowledge, and especially became well versed in the History and Principles of the Law. He was without arrogance or ostentation, even of his learning; had the most unaffected and charming simplicity and mildness of manners, and no other purpose in office than to ' execute justice and maintain truth ;' and therefore he was patient in hear- ing argument, laborious and calm in investigation, candid and instructive in consultation, and impartial and firm in decision."
Hon. HUTCHINS G. BURTON was long a resident of Halifax, member of Assembly, and representative in Congress. He was born in Granville County ; studied law, and settled in Mecklenburg, which he represented in 1810, in the House of Commons, which year he was elected Attorney-General, and which he resigned in 1816. He removed to Halifax, and in 1816, repre- sented the town in the House of Commons.
In 1819, he represented this district in Congress, until 1824, when he was elected Governor of the State.
In 1826, he was nominated by John Quincy Adams, then President of the United States, as Governor of Arkansas, but on the accession of Gen. Jackson, the nomination was not confirmed. He was a man of popular address, ami- able temper, and of generous and patriotic feelings.
He died on the 21st of April, 1836, in Iredell County, and was buried in Unity Churchyard, near Beattie's Ford.
He married Sarah, the daughter of Wilie Jones, one of the loveliest women of her age, by whom he had several children.
201
HALIFAX COUNTY.
She survived Gov. Burton, and is now the wife of Col. Andrew Joyner, Senator in the General Assembly, from Halifax. Of her may be well said, as was said of the mother, she is loved by all who know her. None see her but admire her, none know her but love her.
Hon. JOHN BRANCH is a native and resident of Halifax County. He sprung from a true revolutionary stock ; the early records of the Provincial Congress prove that his father was a determined Whig. He represented Halifax County in the House of Commons in 1781, '82, and 1787 and 1788. He was a terror, in his day, to the Tories and opponents of the liberties of America.
The journal of the Provincial Council shows, that on the 18th of December, 1775, Mr. John Branch brought before the Council Walter Lamb and George Massenbird, as enemies of their country, and prayed condign punishment upon them as Tories .*
John Branch was born November 4th, 1782. He was educated at the University, and graduated in 1801, and studied law with the Hon. John Haywood, then a resident of Halifax, and one of the Judges of the Superior Courts. His first appearance in public life was in 1811, as Senator from Halifax. In this career he became successful, and his course has been bril- liant.ª
He continued to be successively elected until 1817, when he was elected Governor of the State. After serving his term of office, he was again elected Senator in the General Assembly from Halifax, in 1822, and, in 1823, was elected Senator in Congress, to which distinguished" post he was re-elected ; but, in 1828, he resigned, on being appointed a 'member of General Jackson's cabinet (Secretary of the Navy).
1
It is a curious fact, but nevertheless true, that our State has rarely been - represented in the cabinet of any President ; but, when she has, it has been in the Navy Department-Gov. Branch, in 1828; Judge Badger, in 1840; Gov. Graham, at present.
On the dissolution of the Cabinet, "from malign influences," Gov. Branch retired to his home ; the people elected him to the House of Representatives, in Congress, in 1831.
In 1834 he was again elected a member of the State Senate, and, in 1835, a member of the State Convention to revise the Constitution.
In 1838 he was voted for as the Democratic candidate for Governor.
In 1843 he was appointed by the President of the United States, Governor of. Florida. He now resides at Enfield, enjoying a green old age and the love and respect of all who know him.
Governor Branch married in early life Miss Fort, who for a long time " divided his sorrows and doubled his joys and honors," and was the mother of a lovely family. She died, a few years ago, on her way from Florida.
Hon. JESSE A. BYNUM is a native of Halifax. He was educated at Union College, in New York, and entered public life, in 1823, as a member of the House of Commons from the town, and for several years represented the town and also the county.
In 1833 he was elected to the House of Representatives in Congress, and served until 1841, when he moved to Red River, La., where he now lives.
He was involved, by the peculiarity of his temper, in several personal af- fairs. His early fracas with Robt. Potter has been alluded to. He had a duel while in Congress with Hon. Mr. Jenifer, of Maryland, in which, after several ineffectual fires, the parties became reconciled ; and a difficulty with Hon. Rice Garland, of La., on the floor.
Hon. JOHN REEVES JONES DANIEL resides in Halifax, and is a native of that county.
He was educated at the University, and graduated, in 1821, with the first honors of a class in which Hon. Anderson Mitchell, Judge Lacey, W. S.
* See vol. i. page 75.
202
HISTORY OF NORTH CAROLINA.
Mhoon, and others, were members. He studied law, and practiced with great success. In 1831, he entered political life as a member of the House of Commons, and continued until 1834, at which session he was elected the Attorney-General. The duties of this office he discharged with great fidelity and ability. In 1841 he was elected a member of Congress, and has con- tinued in Congress ever since. He has been for several sessions Chairman of the Committee of Claims, a position of great responsibility, delicacy, and labor. His pure character and investigating mind has carried him success- fully through its heavy duties.
BARTHOLOMEW F. MOORE is a native, and for a long time represented this county. He was educated at the University, and graduated in 1820. In. 1848 he was elected Attorney-General, which, in 1851, he resigned. " He now resides in Raleigh, and is one of a Board, with Hon. R. M. Saunders and Hon. Asa Biggs, to arrange the statute laws of the State.
SPEAR WHITAKER is a native and resident of Halifax County. In 1838 he was elected a member of the House of Commons, and, in 1842, Attorney- General of the State.
Other names might be mentioned in connection with Halifax, but our present space is limited. A future edition may present others in so ancient and renowned a county.
Members from 1774 to 1835, when the Borough representation was abolished.
HALIFAX TOWN.
Years.
House of Commons.
Years.
House of Commons.
1774. John Geddy.
1805.
Allen Gilchrist.
1775.
John Webb.
1806.
Allen J. Davie.
1776. . Wilie Jones.
1807.
Joseph J. Daniel.
1777. Wilie Jones.
1808.
Wm, P. Hall.
1778.
Wilie Jones.
1809.
William Drew.
1779.
Henry Montfort.
1810.
Halcott J. Pride."
1780.
Henry Montfort.
1811.
Jeptha Dupree.
1781.
Henry Montfort.
1812.
Peter Brown.
1782.
Henry Montfort.
1813.
William Drew.
1783.
Henry Montfort.
1814.
William Drew.
1784.
Henry Montfort.
1816.
William Drew.
1786.
Wm. R. Davie."
1817.
Hutchins G. Burton.
1787.
Wm. R. Davie.
1819.
Thomas Burgess.
1788.
Goodrum Davis.
1820.
Robert A. Jones.
1789.
Wm. R. Davie.
1821.
Thomas Burgess.
1791,
Wm. R. Davie.
1822.
Thomas Burgess.
1792.
Richard H. Long.
1823.
Jesse A. Bynum.
1795.
John B. Ashe.
1826.
Robert Potter.
1796.
Wm. R. Davie.
1827. Jesse A. Bynum.
1797.
Thaddeus Barnes.
1828.
Jesse A. Bynum.
1798.
Wm. R. Davie.
1829.
Wm. L. Long.
1799.
Richard H. Long.
1830. 'Wm. L. Long.
1800.
'Richard H. Long.
1831. Wm. L. Long.
1801. Isaac Hilliard.
1832. Wm. L. Long.
1802.
Basset Stith.
1833. Wm. L. Long.
1803.
William Drew.
1834. Thomas Ousby.
1804.
Thomas Hall.
1835. Robert C. Bond.
1793.
Wm. R. Davie.
1824.
Jesse A. Bynum.
1794.
W.m. R. Davie.
*
1815. Joseph J. Daniel.
1785.
Charles Pasteur.
* No member was elected this year, in consequence of the election having been broken up by a brawl between the contending candidates, Potter and Bynum and their friends.
203
HALIFAX COUNTY.
Members from Halifax County :-
Years. Senate.
1777. John Bradford,
1778. Oroondates Davis,
1779. Oroondates Davis,
1780. Oroondates Davis,
1781. Oroondates Davis,
John Branch, Benj. McCullock, John Branch, Benj. McCullock,
1782. Wilie Jones,
1783. Benj. McCullock,
John Whitaker, John Geddy. Benj. McCullock, John B. Ashe.
1784. Nicholas Lòng,
1785. Nicholas Long,
John Whitaker, John B. Ashe.
1786. Benj. McCullock,
John B. Ashe, Augustine Willis.
1787. Nicholas Long,
John Dawson, John Branch.
1788. Wilie Jones,
John Jones, John Branch. Peter Quails, Marmaduke Norfleet.
1790. Peter Quails,
John Dawson, Willis Alston.
1791. ¿ Peter Quails,
1792. Peter Quails,
Willis Alston, Eaton Pugh.
1793. Peter Quails,
James A. Tabb, Stephen W. Carney.
1795.
Willis Alston,
1796.
Willis Alston,
1797. Stephen W. Carney, Wood J. Hamblin, James A. Tabb.
1798. Stephen W. Carney, Sterling Harwell, Matthew C. Whitaker.
1799. Stephen W. Carney, Sterling Harwell, Wood Jones Hamlin.
1800. Stephen W. Carney, Matthew C. Whitaker, Sterling Harwell.
1801. Stephen W. Carney, M. C. Whitaker, Sterling Harwell.
1802. Stephen W. Carney, Sterling Harwell, M. C. Whitaker.
1803. Jos. John Alston,
Sterling Harwell, M. C. Whitaker.
1804.
John Alston,
William Williams, M. C. Whitaker. William Williams, M. C. Whitaker. William Williams, M. C. Whitaker.
1806. Gideon Alston,
1807. M'thew C. Whitaker, William Williams, Daniel Mason.
1808. M'thew C. Whitaker, Lewis Daniel, Wm. Williams.
1809. M'thew C. Whitaker, Wm. E. Webb, Joseph Bryant.
1810. M'thew C. Whitaker, Wm. E. Webb, Benjamin Edmonds.
1811. John Branch,
1812. M. C. Whitaker,
1813. John Branch,
1814. John Branch,
1815. John Branch,
1816.
John Branch,
1817. John Branch, 1818. John Alston,
Richard Jones, Wilson W. Carter. Jesse A. Dawson, Richard Jones. Richard Jones, Jesse A. Dawson. Jesse .A. Dawson, Nevill Gee.
1819. John Alston,
1820. John Alston,
1821. .
John Alston,
1822. John Branch,'
1823. Thomas Burges, 1824. Isham Matthews,
1825. Isham Matthews,
1826. Isham Matthews,
1827.
Isham Matthews, Isham Matthews, Isham Matthews,
1829.
1830. . Isham Matthews, 1831. Isham Matthews, 1832. Isham Matthews,
1833. Isham Matthews,
1834. John Branch,
1835. Andrew Joyner,
House of Commons.
Jos. John Williams, Egbert Haywood. Egbert Haywood, John Whitaker. .Wilie Jones, Augustine Willis. Wilie Jones, William Weldon.
Richard Jones, Willis Alston. Willis Alston, Jesse A. Dawson. Willis Alston, Jesse A. Dawson. Robt. A. Jones, Isham Matthews. Willis Alston, Robt. A. Jones. Willis Alston, R. B. Daniel. Geo. E. Spruill, R. B. Daniel. Anthony A. Wyche, Geo. E. Spruill. Geo. E. Spruill, Wm. E. Shine. Rice B. Pierce, Geo. E. Spruill. Jesse A. Bynum, Thos. Nicholson. Jesse A. Bynum, Thos. Nicholson. Thos. Nicholson, John R. J. Daniel. Charles Gee, John R. J. Daniel.
Wm. M. West, John R. J. Daniel. Wm. L. Long, J. R. J. Daniel. Sterling H. Gee, Wm. M. West.
1789. John B. Ashe,
Willis Alston, Thomas Tabb.
1794. Willis Alston,
Eaton Pugh, John A. Tabb. Eaton Pugh, Stephen W. Carney. John A. Tabb, Eaton Pugh.
1805. Gideon Alston,
Wm. E. Webb, J. J. Daniel. J. J. Daniel, Wm. E. Webb. James Barnes, W. J. Hamlin. J. Grant, R. Jones.
1828.
204
HISTORY OF NORTH CAROLINA.
Years.
Senate.
House of Commons.
1836. . Andrew Joyner,
Isham Matthews, Sterling H. Gee, B. F. > Moore.
1838. Andrew Joyner,
Wm. W. Daniel, Major A. Wilcox, Spier Whitaker.
1840. Andrew Joyner,
S. H. Gee, B. A. Pope, B. F. Moore.
1842. Andrew Joyner,
B. A. Pope, Sterling H. Gee, B. F. Moore.
S. H. Gee, B. F. Moore.
L. M. Long, M. C. Whitaker.
1848. Andrew Joyner,
Wm. L. Long, R. Smith.
1850. Andrew Joyner, .
W. B. Pope, R. Clanton.
CHAPTER XXXVII.
HAYWOOD COUNTY.
HAYWOOD COUNTY was formed in 1808, from Buncombe County, and named, in compliment to John Haywood, who from 1787 to 1827 was Treasurer of North Carolina.
It is situated in the extreme south-west portion of North Caro- lina, and is bounded on the north by Madison County, east by Buncombe and Henderson, south by Macon, and west by the Ten- nessee line. Its capital is Waynesville, and is distant from Raleigh two hundred and ninety-four miles.
It's climate is lovely beyond description, and its mountain scenery equals its climate.
Its population is 5931 whites; 710 Indians; 418 slaves ; 15 free negroes ; 6,906 representative population.
Its products are 59,340 bushels of corn ; 36,263 bushels of oats ; 19,559 bushels of wheat; 7735 bushels of rye; 10,628 pounds of tobacco ; 9290 pounds of wool ; 1351 dollars worth of ginseng.
QUALLA TOWN is chiefly inhabited by the ancient sovereigns of this country, the Cherokee Indians, among whom are a few Catawbas. The great body of . this nation emigrated, but these, in consideration of their conduct and services to the government were permitted to remain. They have a tract of seventy-two thousand acres of land. William H. Thomas, Esq., the present Senator from Haywood, Macon, and Cherokee, is their business chief. The Qualla Town 1 people are divided into seven clans, each clan has a town, over which a Chief presides.
Nearly all of them can read in their own language, and most of them under- stand English, but few, however, can speak it. They manufacture their own clothes, their farming utensils, and guns. They are industrious, sober and religious citizens." They have their own courts, judges, lawyers, and juries. They have a right to vote, which, however, is rarely exercised.
The invention of letters for the Cherokee alphabet, by a native Cherokee, may be considered as one of the most remarkable discoveries of the age. It consists of eighty-six characters, each one represents a distinct sound. The New Testament and many works have been seen printed in this language.
The following letter from their Chief will present the state of the Indians at the time.
The following, containing a representation of the state of a small remnant of Cherokee Indians, suffered to remain in North Carolina, will afford to all
1844. Andrew Joyner,
1846. Andrew Joyner,
205
HAYWOOD COUNTY.
men of benevolent feelings, much gratification. When we reflect that they were the first and rightful owners of the soil, does it seem strange that they should be attached to the land of their fathers, and their own heritage? The only true way to judge of others, is to bring it home to ourselves. It must be, to all who consider it, a matter of satisfaction, that a few, even, of this persecuted and fast departing race, have been suffered, by the exercise of a "human policy, to-rest in peace amongst us. The account below, proves that they are, at least, as worthy, and exemplary as many who enjoy greater pri- vileges, and profess more.
To the Hon. James Graham.
HAYWOOD COUNTY, NORTH CAROLINA, October 15th, 1838.
SIR-I perceive in your Speechi, delivered in the House of Representatives, in May, 1838, on the Bill making appropriations for preventing and suppress- ing Indian hostilities, you make mention of Cherokee Indians forming a set- tlement in the District you represent, as being temperate, orderly, industrious, and peaceable. I have been acquainted with those Indians since the formation of the settlement referred to, and know your statement as above mentioned to be correct. But as you may be unacquainted with the circumstances at- tending the formation of that settlement, and with the cause of their becom- ing temperate, I hope the following statement in relation thereto may not be unacceptable to you, as the Representative of the District in which they reside.
So early as the year 1806, two Deputations attended Washington City from the Cherokee natives; one from the lower towns, to make known to the Pre- sident their desire to remove West of the Mississippi, and pursue the hunter's life ; the other Deputation, representing, in part, the Cherokees belonging to the above settlement, to make known to the President their desire to remain on the lands of their father, and become cultivators of the soil. The Presi- dent answered their petitions as follows: "The United States, my children, are the friends of both parties. As far as can be reasonably asked, they are willing to satisfy the wishes of both. Those who remain may be assured of our patronage, our aid, and good neighborhood." The Treaties made between the United States and the Cherokee. Nation, in the years 1817 and 1819, made provision for those desiring to remain, agreeable to the promise of the Presi- dent; and they were made citizens of the United States, and each family was allowed a reservation of six hundred and forty acres of land. The whites claimed the same lands, under a purchase made of the State. Suits were instituted in favor of the Indians, and by our Courts, were decided in their favor, and possession was surrendered to them by the whites. Afterwards they were induced to sell their reservations to the Commissioners of the State, and to purchase lands in the white settlement, where they now reside, in the neighborhood of the hunting ground reserved to the Cherokee hunters by the Treaties concluded with the Cherokee nation between the years 1790 and 1799; which privilege, as a part of the Cherokee nation, they continue to enjoy.
Until the year 1830 they were as intemperate as any other Indians on our frontier. About that time the principal chief of the above settlement, by the name of Drowning Bear (or, YOU NA GUSKA), becoming convinced that intemperance would destroy himself and people, determined to live temperate, and persuade his people to follow his example. I was present when he as- sembled them. On that occasion he informed his people that he had been considering and devising ways to promote their happiness in future. He said he had become convinced that intemperance was the cause of the exter- mination of the Indian tribes situated in the neighborhood of the whites: referring them to the present and previous situation of the Catawba (or Inctah quo) Indians, with whom they were acquainted, as an evidence of the injurious effects of intemperance. He directed his clerk to write in the Indian lan- guage as follows: "The undersigned Cherokees, belonging to the town of Qualla, agree to abandon the use of spiritous liquors." It was immediately signed by the old chief, who was followed by the whole town.
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