USA > North Carolina > Historical sketches of North Carolina : from 1584 to 1851, Vol. I > Part 7
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Governor Martin visited New York in September, 1774, and on his return the following February, he issued a proclamation against the purchase by Judge Henderson from the Cherokee Indians of . certain lands, as being in violation of law.
The Colonial Assembly was called in April, 1775, at Newbern; and John Harvey, moderator of the late convention of deputies, issued in February, a notice to the people to elect delegates, to represent each town and county in"convention, to be held at the same time and place, by virtue of authority vested in him by the late Congress or Convention.
This roused the indignation of Governor Martin, and he issued his proclamation on 1st March, 1775, denouncing the meeting as " tending to introduce disorder and anarchy to the destruction of the real interests of the people."
Notwithstanding these denunciations of the Governor, the people quietly elected members to the convention, many of whom were members of the Assembly. These bodies both met at the same place, at the same time (4th April, 1775). Col. John Harvey was re-elected president of the Colonial Assembly.
Governor Martin, in his speech to the Assembly, expressed "his concern at this extraordinary state of affairs. He reminded the members of their oath of allegiance, and denounced the meeting of delegates chosen by the people, as illegal, and one that he should resist by every means in his power." Particularly did he inform them that "the unwarrantable manner of appointing dele- gates to attend a Congress at Philadelphia, then in agitation, would be highly' offensive to the King."
In the dignified reply of the House, the Governor was informed that the right of the people to assemble and remonstrate against grievances was undoubted. They passed resolutions approving of the proceedings of the Continental Congress at Philadelphia (4th Sept., 1774), and declared their, determination to use what in- fluence they had to carry out the views of that body. Where- upon, the Governor, by advice of his council, dissolved the Assem- bly, by proclamation, after a session of four days.
Thus was dissolved all legislative intercourse between the Go- vernor and the legislature, and here terminated the royal rule of England; for a short time afterwards Gov. Martin took refuge, first in Fort Johnston, and afterwards on board of a ship of war in the Cape Fear River, the Cruiser. For his official dispatches, dated June, 1775, procured from London, see Mecklenburg County. (Chapter li., vol. ii.)
Governor Martin, after the battle of Moore's Creek (Feb. 1776), in which the Loyalists, under General MacDonald, were defeated by Caswell, embarked with Sir Peter Parker, and arrived at Charleston. He was present at the battle of Guilford with Lord
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Cornwallis, in March, 1781. He went to England soon after this battle. Subsequently he returned to New York, and died at Rockaway .*
The Provincial Congress met at the same place, and elected John Harvey again as Moderator. This convention or congress approved of the measures of the Continental Congress, and reap- pointed the same delegates to attend.
This was the second time of meeting of the representatives of the people, in opposition to the Royal Power in North Carolina.
About this time (May, 1775), the people of Mecklenburg moved, in their sovereign capacity, the question of independence, and took a much bolder and more decided stand than either the Colonial or Continental Congress had as yet attempted ; and while this step evinces the spirit of that chivalric county, it is one of the boasted recollections of the State of North Carolina, ever to be cherished, never to be forgotten.
It has been seen that it was on her shores that (in 1584) the first Anglo-Saxon anchor rested in these United States.t Her whole history since has been shown to be one continued and deter- mined resistance to oppression. It is now proved that she was the first openly to cast off the English yoke, and, relying on the truth and justice of her cause, and on the God of David, she threw the gauntlet of defiance in the teeth of the Goliah power of England.
That at this time throughout the whole length and breadth of these colonies the spirit of liberty was abroad, is not to be doubt- ed. Urged by wrongs and oppression, with " war in each heart and freedom on each brow," the colonists were ripe and ready for the conflict ; but that the people of Mecklenburg should at this period of darkness, doubt, and danger, in a remote portion of country, unmolested by the presence of their oppressors, or actual perpetration of injury ; without concert with other States, with- out assurances of support from any quarter, and then and there " dissolve the political bands which connected them with the mother country," and then declare themselves " a free and inde- pendent people, and of right ought to be sovereign and self-govern- ing," is a subject full of moral sublimity and heroic daring. It is
justly a source of elevating pride to the State of North Carolina.
The public mind had been much excited at the attempts of Gov. Martin to prevent the meeting of the Provincial Congress, or Con- vention, at Newbern, and his arbitrary and oppressive conduct in dissolving the Assembly when only in session four days, leaving them unprotected by courts of law, and all other important busi- ness undone. The people began to think that since the authorities constituted by law failed in their legitimate duty, that it was time to provide safeguards for themselves, and to throw off all allegi- ance to powers that ceased to protect their liberties or property.
To this omission of duty was added the actual commission of
* Sabine, History of the Loyalists.
See page 24.
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wrong. The haughty assumption of power on the part of the Government to inflict taxation on the people without representa- tion or their consent. Boston harbor was blockaded by British troops, and.others awed by the presence of men and arms. The people of North Carolina felt deeply the crisis of our Government. None more keenly than the citizens of Mecklenburg.
On the 20th May, a convention, composed of delegates from different portions of the county, met at Charlotte. ABRAHAM ALEXANDER was called to the chair, and JOHN McKNITT ALEX- ANDER appointed secretary.
The Rev. Hezekiah James Balch, a Presbyterian clergyman, Dr. Ephm. Brevard, and William Kennon, Esq., an attorney-at- law, addressed the convention.
The news of the battle of Lexington arrived at this time, which had occurred just one month and a day previous; and the wanton sacrifice of American blood by English troops added fresh fuel to the flame of virtuous indignation that now swelled their patriotic bosoms.
The resolutions, from the pen of Dr. Ephraim Brevard, are as follows :-
THE MECKLENBURG DECLARATION OF INDEPENDENCE, DECLARED AT CHARLOTTE, 20th OF MAY, 1775.
1. Resolved : That whosoever directly or indirectly abets, or in any way, form, or manner countenances the unchartered and dan- gerous invasion of our rights, as claimed, by Great Britain, is an enemy to this country-to America -- and to the inherent and un- alienable rights of man.
2. Resolved : That we do hereby declare ourselves a free and independent people ; are, and of right ought to be a sovereign and self-governing association, under the control of no power, other than that of our God and the general government of the Congress : To the maintenance of which independence we solemnly pledge to each other our mutual co-operation, OUR LIVES, OUR FORTUNES, and OUR MOST SACRED HONOR.
3. Resolved: That as we acknowledge the existence and control of no law or legal officer, civil or military, within this county, we do hereby ordain and adopt as a rule of life, all, each, and every one of our former laws, wherein, nevertheless, the crown of Great Britain never can be considered as holding rights, privileges, or authorities therein.
4. Resolved: That all, each, and every military officer in this county is hereby reinstated in his former command and authority, he acting conformably to their regulations. And that every mem- ber present of this delegation, shall henceforth be a civil officer, viz : a justice of the peace, in the character of a committee man, to issue process, hear, and determine all matters of controversy, according to said adopted laws, and to preserve peace, union, and harmony in said county, to use every exertion to spread the love
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of country and fire of freedom throughout America, until a more general and organized government be established in this province. ABRAHAM ALEXANDER, Chairman ..
JOHN McKNITT ALEXANDER, Secretary.
Ephraim Brevard,
Charles Alexander,
Hezekiah J. Balch,
Zaccheus Wilson,
John Phifer,
Waightstill Avery,
James Harris,
Benjamin Patton,
William Kennon,
Matthew McClure,
John Ford,
Neil Morrison,
Richard Barry,
Robert Irvin,
Henry Downe,
John Flennegin,
Ezra Alexander,
David Reese,
William Graham,
John Davidson,
John Queary,
Richard Harris,
Hezekiah Alexander,
Thomas Polk, sen'r.
Adam Alexander,
It was forwarded to the Continental Congress, at Philadelphia, by Capt. James Jack, and a copy also to Samuel Johnston, mode- rator of the Provincial Congress, at Hillsboro', and was laid before that body by him, on the 25th Aug. 1775.
Gov. Martin issued his proclamation on the 8th of August, 1775, on board of his Majesty's ship of war the Cruiser, denouncing the Mecklenburg declaration of independence.
These papers are extracted from the document published in 1829, by the General Assembly of North Carolina. More import- ant and documentary evidence will be found under the head of Mecklenburg County, from records procured from London. These names and these characters deserve a perpetual remembrance in our State and nation. Efforts are being made to procure the biogra- phy of each, and have in part been successful. Men must obey the fiat of nature, and die; but such elevated actions, and devoted patriotism can never die. Our State to all time will delight to cherish their memories as a proud record of the past, and a glowing incentive to the future. It is to be hoped that some son of Meck- lenburg will undertake this pious and patriotic duty, and rescue from oblivion the memories of the signers of the Mecklenburg De- claration of Independence.
This important paper is dear to every North Carolinian. The 20th of May is a sacred festival within her borders, and efforts are being made to erect in the place where this event occurred, a monument to perpetuate its memory .*
North Carolina was now without any government, except that of its own choice. The utmost exertion was necessary to sustain this position.
* A memorial, in vol. ii. chapter li. Mecklenburg County, from the citizens of this section of the State to the General Assembly.
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Samuel Johnston, of Chowan County (the late moderator, John Harvey having died), summoned a meeting of the delegates at Hillsboro', on 21st August, 1775.
Delegates were chosen in every county and town, accordingly, by the people, and they met at the time and place appointed. One hundred and eighty-four members took their seats. This was the third meeting of an assembly of the people in North Carolina, opposed to the Royal Government.
On motion of Richard Caswell, SAMUEL JOHNSTON was elected President, Andrew Knox, Secretary, James Glasgow, Assistant.
On the 24th, the Congress declared that the people of North Carolina would pay their due proportion of expense in training a Continental Army, and appointed a committee to prepare a system of government for the province.
This was a most important point of the history of North Caro- lina. The Governor had abandoned the reins of power. In a proclamation dated 8th Aug. 1775, secure on board of his floating palace, he had denounced by his proclamation this very assembly, as "one of the black artifices of falsehood and sedition," and the assembly returned this courteous message by resolving that " the proclamation was a false, scurrilous, malicious and seditious libel," and directed it to be burnt by the common hangman.
Thus all hopes of reconciliation had now ended. The sword was drawn and the scabbard cast away.
Two regiments of five hundred men were raised by order of the Congress.
The following officers were appointed :-
FOR THE FIRST REGIMENT. .
James Moore, Col. ; Thomas Clark, Major ; Francis Nash, Lt. Col .; Wm. Williams, Adjutant.
Captains-William Davis, William Picket, Henry Dickson, Thomas Allen, Robert Rowan, George Davidson, Alfred Moore, John Walker, Wm. Green, Caleb Grainger.
Lieutenants-John Lillington, William Berryhill, Hezekiah Rice, Joshua Bowman, Hector McNeil, Wm. Brandon, Lawrence Thompson, Abraham Tatum, Wm. Hill, Thomas Hogg.
Ensigns-Neil McAllister, James Childs, George Graham, Maurice Moore, Jr., Henry Neill, Robert Ralston, John Taylor, Berryman Turner, Henry Pope, Howell Tatum.
OFFICERS OF THE SECOND REGIMENT.
Robert Howe, Col. ; John Patton, Major ; Alex. Martin, Lt. Col. ; Dr. John White, Capt. and Adjutant.
Captains-James Blount, John Armstrong, Chas. Crawford, Hardy Murfree, Henry Irwin Toole, Nathan Keais, Simon Bright, Michael Payne, John Walker.
Lieutenants-John Grainger, Robert Smith, John Herritage,
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Clement Hall, Edw'd Vail, Jr., Jos. Tate, William Fenner, John Williams, James Gee, Benj. Williams.
Ensigns-Henry Vipon, Whitmel Pugh, John Oliver, Philip Lowe, William Gardner, Benj. Cleaveland, Jas. Cook, William Cas- well, Jos. Clinch, John Woodhouse.
Dr. Isaac Guion, Chirurgeon. to the 1st Reg.
Dr. Wm. Parton, do. to 2d Reg.
The names of these officers are particularly noticed, as these were called into active service out of the State in the Continental Line.
In each district ten' companies of fifty men, called a battalion, were raised, called Minute men.
Field officers and Minute men appointed by the State Congress (1775) for each district.
Edenton District .- Edward Vail, Col. ; Andrew Knox, Lt. Col .; Caleb Nash, Major.
Newbern District .- Richard Caswell, Col. ; William Bryan, Lieut. Col. ; James Gorham, Major.
Wilmington District .- Alex. Lillington, Col. ; 'Robt. Ellis, Lt. Col .; Samuel Swann, Major.
Halifax District .- Nicholas Long, Col. ; Henry Irwin, Lt. Col .; Jethro Sumner, Major.
Hillsboro' District .- James Thackston, Col .; John Williams, Lt. Col. ; James Moore, Major.
Salisbury District .- Thomas Wade, Col. ; Adlai Osborne, Lt. Col. ; Joseph Harbin, Major.
Edward Vail, of Chowan, was appointed to the command of the battalion of the Edenton District.
Richard Caswell, of Dobbs, Newbern District.
Alex. Lillington, of New Hanover, Wilmington District.
Thomas Wade, of Anson, Salisbury District.
James Thackston, of Cumberland, Hillsboro' District.
Nicholas Long, of Halifax, the Halifax District.
Such was the military organization of the State.
The Civil Government was vested in :---
I. A PROVINCIAL COUNCIL for the whole State.
II. A DISTRICT COMMITTEE OF SAFETY for each district.
III. COUNTY AND TOWN Committees, for each county and town.
I. THE PROVINCIAL COUNCIL was composed of one chosen by the whole Congress, who was, de facto, governor; and two persons from each district, chosen by the delegates thereof. ,
They were to meet quarterly, had power to call out the militia, . to reject or suspend officers, fill vacancies, draw on the treasury for all moneys necessary for the service ; and, in fact, to do all such things as were necessary to secure, protect, and defend the colony.
The court house, in Johnston County, was the first place of their assembling, and they had power to fix other times and places.
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HISTORY OF NORTH CAROLINA.
The members of this council were SAMUEL JOHNSTON, chairman, (chosen by the Congress.)
Cornelius Harnett, and Samuel Ashe, Wilmington District.
Abner Nash, and James Coor,
Thomas Jones, and Whitmel Hill,
William Jones, and Thomas Jones,
Newbern. District.
Edenton District.
Halifax District.
Thomas Person, and John Kinchen, Hillsboro' District.
Samuel Spencer, and Waightstill Avery; Salisbury District.
II. THE COMMITTEE OF SAFETY was composed of a president and twelve members in each district, chosen by the delegates from each district.
This committee was to meet quarterly in the principal towns of the district, and were authorized ,to receive information, censure, and punish delinquents ; and, with the, Provincial Council, had co-ordinate power to compel debtors about to remove to give security to their creditors, and had a superintending power over
III. THE COUNTY AND TOWN COMMITTEES, appointed by the freeholders of each county, twenty-one members for the county, and fifteen for each of the towns of Edenton, Newbern and Wilmington, and seven for each of the other towns, to be elected by the freehold- ers. These committees were to appoint by ballot out of their mem- bers, seven persons to act as a committee of secrecy, intelligence and correspondence, who were to correspond with the Provincial Council, the Committee of Safety, and others, to take up and ex- amine all suspected persons, and to exercise a general and particular care over the interests of the people, that they received no detriment.
With the latter (committees of the counties), the real executive power of the State rested in these troublesome times; promptly and summarily did they exercise their powers. They held a strict police and rigid censorship over their respective counties, and did not hesitate to put in jail, or to the whipping-post, all persons con- victed of disrespectful language towards the cause of American liberty. They issued orders to ravage the estates of violent Tories, and appropriate the proceeds to the common treasury.
They executed all orders of the Continental Congress, the Pro- vincial Council, and the District Committees of Safety. They had a test oath to which all persons had to subscribe, which was para- mount to the oath of allegiance to the English crown.
The delegates for each district appointed the following persons as District Committees of Safety :-
Edenton District .- Luke Sumner, Wm. Gray, John Johnston, Thomas Benbury, Gideon Lamb, Joseph Jones, Miles Harvey, Law- rence Baker, Kenneth Mckenzie, Stevens Lee, Charles Blount, Isaac Gregory, and Day Ridly.
Newbern District .- Alexander Gaston, Richard Cogdell, John Easton, Major Croom, Roger Ormond, Edward Salter, George Burrow, William Thompson, William Tisdale, Benjamin Williams, Richard Ellis, William Brown, James Glasgow.
Wilmington District. - Frederick Jones, Sampson Mosely,
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Archibald McLaine, Richard Quince, Thomas Davis, William Gray, Henry Rhodes, Thomas Rutledge, James Kenan, Alexander McAllister, George Mylne, John Smith, Benjamin Stone.
Halifax District .-- Allen Jones, Rev. Henry Patillo, James Leslie, John Bradford, David Sumner, William Eaton, Drury Lee, John Norwood, James Mills, William Haywood, Duncan Lamon, William Bellamy, John Webb.
Hillsboro' District .- William Taylor, Joseph Taylor, Samuel Smith, John Atkinson, John Butler, William Johnston, John Hinton, Joel Lane, Michael Rodgers, Ambrose Ramsey, Mial Scurlock, John Thompson, John Lark.
Salisbury District .- Griffith Rutherford, John Brevard, John Crawford, Hezekiah Alexander, James Auld, Benjamin Patton, William Hill, John Hamilton, Charles Galloway, William Dent, Robert Ewert, Maxwell Chambers.
The thanks of the Convention to the delegates in the Continental Congress (Caswell, Hooper, and Hewes) were formally presented by the President for their honorable and patriotic conduct, on 2d Sept., 1775.
On being appointed one of the Treasurers of the State, Richard Caswell resigned his appointment as delegate to the Continental Congress, and JOHN PENN, of Granville County, was appointed his successor.
The public finances were in much, disorder. The Convention ordered, on the 7th Sept., $125,000 in bills of credit. Richard Caswell, Samuel Johnston, Andrew Knox, and Richard Cogdell were to superintend the printing and sign the bills, and deliver them over to the two treasurers. . Samuel Johnston for the North- ern division and Richard Caswell for the Southern.
An address was adopted unanimously by this Convention, on the 8th September, to the people of the British empire, declaring the views of this body as to the existing state of affairs. It was extensively circulated and did much good. It was the production of Wm. Hooper, who reported it as chairman of a committee com- posed of Maurice Moore, Robert Howe, Richard Caswell, and Joseph Hewes.
Premiums were voted for manufacture of saltpetre, gunpowder, and other articles. The people of North Carolina had determined to throw off the foreign yoke and be free in every respect.
After a session of a month, this Congress adjourned on the 19th Sept.
The first meeting of the Provincial Council was organized at the court house, in Johnston County, on the 18th Oct., 1775, by the appointment of Cornelius Harnett, of Wilmington, as President, and James Green as Clerk.
Their proceedings were entirely of a warlike nature. Applica- tions for appointments, demands for ammunition and arms, and the raising of troops, occupied their attention and fills their journal.
Intelligence was received by the Council that the people of New
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Hanover had assembled in a large body and protested against the proceedings of the late Provincial Congress, as revolutionary and rebellious. The Council instructed the President (Mr. Harnett), John Ashe, and Samuel Ashe, to explain the acts of the Congress, and endeavor to maintain concert and harmony. These zealous friends of liberty faithfully performed their mission ; the discon- tented were satisfied, and returned to the support of the cause of liberty.
A second meeting of the Provincial Council was held at the court house, in Johnston County, on 18th December, 1775, and Corne- lius Harnett presided.
The Sheriff of Halifax, Mr. Branch,* brought before the council Walter Lamb and George Massenbird, as enemies to the country, and prayed punishment upon them as Tories. The council ordered Lamb to be committed for trial before the committee of safety for Halifax ; and the other, being penitent, took the test oath and was discharged.
The efforts of Governor Martin, still in the Cape Fear River on board the ship of war Cruiser, excited the vigilance of the council. At their previous meeting in October, they had recommended the committee of safety for the district, to use their endeavors to cut off all communications between the governor and the people.,
The committee of safety for districts Wilmington Newbern, and Edenton, were directed to procure immediately an armed ves- sel each.
The Scotch on the banks of the Cape Fear (and its tributaries the Deep and Haw Rivers) were approached by the emissaries of Governor Martin. He represented to them that the colony would be subdued; that Sir Henry Clinton was to come south, reinforced by heavy armaments from England, under Sir Peter Parker and Lord Cornwallis. He issued a commission of General to one of their chiefs (Donald McDonald).
The Council recommended, 1775, that "all communications from or to Governor Martin, or the ship of war, should be opened by the Committee of Safety."
It appointed, on 21st December, committees in each district to attend to the state of arms, with authority to purchase more, if needed.
It raised two more battalions of minute men, in the district of Salisbury, and appointed
Griffith Rutherford, Colonel ; John Phifer, Lieutenant-Colonel ; John Paisly, Major-1st battalion.
Thomas Polk, Colonel ; Adam Alexander, Lieutenant-Colonel ; Charles McLean, Major-2d battalion.
The proceedings of this session of the council are marked with great energy and patriotism.
The next session of the Provincial Council was at Newbern, on the 28th February, 1776, which was called to devise measures of
* The father of Gov. John Branch, now of Enfield.
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concert and union between the southern colonies .: Abner Nash and John Kinchen, were sent to Charleston; Thomas Jones, Sa- muel Johnston, and Thomas Person, appointed to confer with the Committee of Safety for Virginia.
At this time, Donald McDonald, a Scottish Highlander, who had received the commission of general from Governor Martin, erected the royal standard at Cross Creek, now Fayetteville, and soon rallied about fifteen hundred men.
Colonel James Moore; at the head of the first continental regi- ment, and some militia of Cumberland, took the field against McDonald. Moore was posted near the bridge on Rocky River, about twelve miles from Cross Creek, and fortified it; determining to prevent any junction of McDonald with Governor Martin, or the expected reinforcements from abroad.
Colonels Caswell and Lillington at this time commanded the minute men of the districts of Newbern and Wilmington, and joined by some volunteers, marched to Moore's Creek, near where it joins South River, in New Hanover County.
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