USA > North Carolina > Historical sketches of North Carolina : from 1584 to 1851, Vol. I > Part 9
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On motion of Allen Jones, Richard Caswell was elected president of the body.
On the 13th, a committee was appointed consisting of Mr. Caswell, Thomas Person, Allen Jones, John Ashe, Abner Nash, Willie Jones, Thomas Jones, Mr. Bright, Mr. Neale, Samuel Ashe, Mr. Haywood, Gen. Rutherford, Mr. Abbot, Luke Sumner, Thomas Respiss, Jr., Mr. McLean, Mr. Hogan, and Mr. Alexander, to form a bill of rights, and constitution for the State.
Mr. Hewes, Mr. Harnett, Mr. Sharpe, Mr. Spear, Mr. Avery, Mr. Eaton, Birdsong, Irwin, Hill, and Coor, were added afterwards.
On the 6th of December, Thomas Jones reported that the form of the constitution was ready.
On the 18th, the Constitution with the Bill of Rights was adopted ; it was believed to be the production of Thomas Jones, Thomas Burke,. and Richard Caswell.
By an ordinance of this body the following officers were elected :-
RICHARD CASWELL, Governor of the State. JAMES GLASGOW, Secretary of State. .
Cornelius Harnett, Edward Starkey, Joseph Leech, Thomas Person, William Day, Thomas Eaton, William Haywood, Counsellors of State.
Thus was the good old ship fairly launched upon the ocean of existence, under the auspices of patriotism. The debates that occurred, the difficulties encountered, the trials and conflicts of dif- ferent views, are not recorded here. Our book is intended to be one of facts, carefully examined and correctly stated.
But at this point of our labors, we cannot but pause, and admire the form of that constitution, that introduced system in "an un- tried state of being"-order, where before chaos existed. That it. was not perfect, is certainly true, for it was amended by the people since (1835), and will be again. But the great principles it incul- cates, the spirit of liberty it breathes, the trials of those who aided
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its establishment, command alike our respect, gratitude and ad- miration.
" Thou too, sail on, O ship of State, . Sail on, O Union !. strong and great ; Humanity, with all its fears, With all the hope of future years,
Is hanging breathless on thy fate ! We know what masters laid thy keel, What workmen wrought thy ribs of steel,
Who made each mast, and sail, and rope,
What anvils rang, what hammers beat, In what a forge, in what a heat Were shaped the anchors of thy hope."
CHAPTER II.
Life, character, services, and death of RICHARD CASWELL, first Governor of North Carolina under the Constitution.
RICHARD CASWELL was born in Maryland on the 3d of August, 1729.
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From the pecuniary mishaps of his father, who was a respecta- ble merchant, he was early thrown upon his own resources. By nature bold, ardent and ambitious, such difficulties, instead of embarrassing, only added energy to his character.
At the age of seventeen, in 1746, he left his home to seek his fortunes in the then colony of North Carolina. Bearing letters to Gov. Johnston, the royal governor, from the Governor of Maryland, he was fortunate to receive aid from him by employment in one of the public offices.
. Subsequently, he was appointed deputy surveyor of the colony, and clerk of Orange County Court .* By his enterprise, industry, and prudence, he soon acquired fame, friends, and fortune.
He located in Lenoir County (then Dobbs County), and united himself in marriage with Mary McIlweane. She died, leaving one son, William.
- He afterwards married Sarah, the daughter of Wm. Herritage, an eminent attorney, under whom he had studied law. He had obtained a license and practiced the profession with great success. His first appearance on the political stage was as member of the Colonial Assembly, from Johnston County, in 1754.
So acceptable were his services that he continued to represent the county until 1771.
* Extract from records of Orange County, 12th June, 1753.
"Richard Caswell, gentleman, brings into court a commission from the Hon. James Murrah, Esq., Secretary and Clerk of the Crown of said Province, ap- pointing him Clerk of the said County, and Clerk of the Peace, which, being allowed, he took the several oaths, and subscribed the test."
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In 1770 and 1771 he was chosen speaker of the House of Com- mons.
He was also colonel of the militia of his county, and as such commanded the right wing of Gov. Tryon's forces in the battle of Alamance (16th May, 1771), which was the first time that he ex- perienced the conflict of arms, which was so congenial to his tem- per, and in which he became so distinguished.
When the attempts of England to subjugate the colony became no longer doubtful, Caswell did not hesitate to choose between the rights of the people and the oppressions of sovereignty. In 1774 he was appointed one of the delegates to Congress, with Wm: Hooper and John Hewes. He attended as delegate to the Conti- nental Congress, at Philadelphia, in 1774-5-6, and received the thanks of the Provincial Congress for his fidelity. . On being appointed, with Samuel Johnston (in Sept., 1775), one of the treasurers of the State, the disordered finances of which demanded his care, he resigned his seat in the Continental Congress.
But his military spirit was not inactive, In conjunction with" Colonel Lillington, he assembled the minute men of Dobbs (of which he was Colonel) and the adjacent counties, to prevent the junction of the Tories under Gen. McDonald with Gen. Clinton, in the Cape Fear, and in the battle at Moore's Creek, in New Hanover, on the 27th of February, 1776, he overcame and routed. them, took their general prisoner, and completely subdued them.
In April, 1776, he was appointed, by the Provincial Congress, . Brigadier General of the Newbern District, and in November following, took his seat as a member of the Provincial Congress at Halifax. He was elected President of that body, unanimously, which assembly formed our present State Constitution.
He received the thanks of the Congress for his gallantry at Moore's Creek. By an ordinance of the same, was elected Gover- nor of the State, which he held during the stormy and perilous pe- riods of 1776, 1777, and 1778., He refused any compensation for his services.
He conducted, with singular fidelity, the State through his term as Chief Magistrate. After his term as Governor had expired, his active spirit brooked no repose, for we find him seconding the friends of liberty on the field of battle, and was with the North Carolina troops at Camden (16th August, 1780), which had not terminated so disastrously to America, and the fame of General Gates, had the councils of Caswell and De Kalb (who fell in that ill-fated con- flict) been heeded.
In 1782, he was called again to the financial department of the State, and was elected Comptroller-General, at the session of which he was Speaker of the Senate ..
He continued the discharge of both duties, until 1785, when he was again elected Governor of the State; a circumstance which proves the unbounded popularity of Caswell, and the grateful esti- mate of his patriotic services by the State.
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The General Assembly of 1787 elected him a delegate to the con- vention which was to meet at Philadelphia in May, that year, to form the Federal Constitution ; and conferred on him the extraor- . dinary power, in case of his inability to attend, to select his succes- sor. This important trust was not accepted by him ; but he dele- gated Wm. Blount, whose name is appended to that instrument.
In 1789, he was elected Senator from the County of Dobbs (now. Lenoir and Greene) to the General Assembly, and also a member of. the State Convention, which assembled in Fayetteville on the third Monday in November, 1789, which ratified the Federal Con- stitution (it having been, rejected by a Convention which met at Hillsboro' on the 21st of July, 1788).
He attended the meeting of the General Assembly at Fayetteville in November, and was, elected Speaker of the Senate. But his course was run. His exalted services and patriotic exertions did not exempt him from calamity and misfortune. His youngest son was lost at sea, on his passage from Charleston to Newbern. This calamity was heightened by the opinion that he was captured by pirates and murdered. This, and other events, threw a cloud over his mind, from which he seemed never to have recovered. While presiding in the Senate on the 5th of November, 1789, he was struck with paralysis; and after lingering speechless, until the, 10th, he expired, in the sixtieth year of his age ..
Messrs. Blount, Skinner, and Bloodworth, of the Senate, and Messrs. Davie, Stokes, Blount, Locke, Hawkins, and Person, of the House, were appointed a Committee of Arrangements to superin- tend his funeral ; an eulogium was pronounced over his remains, and his body was conveyed to his family burial-place in Lenoir, and there interred.
These facts, with an examination of his acts and services, will afford some future pen an opportunity of writing the biography of the first Governor of North Carolina under our constitution, and the Annals of our State, commencing from his military career in 1771, at Alamance, to the close of the Revolutionary war.
His character does not claim the meed of distinguished literary renown, or brilliant eloquence; but his acquirements were extensive, and his knowledge deep and accurate. Nathaniel Macon, who had been in Congress during the days of Washington, Adams, Jeffer- son, Madison, and Monroe, to the time of Jackson, declared in the convention of 1835, that "Governor Caswell, of Lenoir, was one of the most powerful men that ever lived in this or any other coun- try."* . It is recorded of him that he committed to memory the whole four books of Blackstone, so as to be able to recite accurate- ly any portion of the text from memory, verbatim.
As a statesman, his patriotism was unquestioned, his discern- ment was quick, and his judgment sound; as a soldier, his courage was undaunted, his vigilance untiring, his success triumphant. T:
* Cotton, Life of Macon, 178.
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His character and his career, more than any of our revolution- ary worthies, resembles that of the Father of his country.
Like Washington, his early education was rather solid than showy ; for both in early life were employed as surveyors.
Like Washington, when loyalty was a duty consistent with liberty, he fought for the authorities of the country, for both were in the field under the royal banners, and both as colonels of regiments : the one under Braddock, the other under Tryon at Alamance.
Both refused from the State any compensation for their services. Both were always equal to every position in which they were placed, and faithfully discharged every trust committed to their; charge.
Providence assigned to one a higher and more conspicuous posi- tion. If Virginia is proud of Washington, North Carolina, may justly be proud of her Caswell.
" How sleep the brave, who sink to rest With all their country's honors blest ! When Spring, with dewy fingers cold, Returns to deck their hallowed mould,- She there shall dress a sweeter sod Than Fancy's feet have ever trod.
By fairy hands their knell is rung, By forms unseen their dirge is sung ; There Honor comes, a pilgrim gray, To bless the turf that wraps their clay ; And Freedom shall awhile repair, And dwell a weeping hermit there."
During the administration of Governor Caswell, the western dis- trict of North Carolina revolted and formed a separate govern- ment, independent of the State. As this event has escaped the notice of every author of her history, and is full of incident deeply interesting, we give it a separate chapter.
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CHAPTER III.
. State of FRANKLAND, its rise, progress, and fall.
IT may strike the reader of the present day with some surprise that there was once a State called Frankland, in honor of Benjamin Franklin, the philosopher and patriot. Of its history, much is re- corded, but, perhaps, little is known in the present day. It may be curious as well as instructive, to trace the origin, rise, and down- fall of this ancient sovereignty.
By the charter of Charles II., granted to the Earl of Clarendon, Duke of Albemarle, Lord Craven, and others, in 1663, all the ter- ritory from the Virginia line on the north, to the south as far as the River Matthias, in Florida; from the Atlantic on the east, "to
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the west, as far as the South Seas, was given and granted to have, use, and enjoy, and in as ample manner as any Bishop of Durham, in our kingdom of England, ever heretofore have held, used, or enjoyed, to them, the said Earl of Clarendon and others, and their heirs forever."
Without any examination into the title of "the right merric monarch," Charles II., to grant this munificent domain, as perhaps it might appear as defective as the title of another royal character in Sacred History,* who took our Saviour up into an exceeding high mountain, and showed him all the kingdoms of the world, and the glory of them, and said unto him, " All these things will I give thee," when his majesty had not a single foot for himself; yet we cannot but remark, on examination of the map, that the present territory of the United States, in her recent acquisitions by treaty, from Mexico, just comprehend the chartered limits of ancient Caro- lina in 1663.
As once this lovely domain belonged to our country, it is but natural that it should seek its original position. It is stated by some writer, when analyzing the affections of our natures, that the love we bear to the softer sex is only a just effort of man's nature to reunite to himself that portion of him, which, during sleep, was taken from him ; and again "they twain shall be one flesh."
May not fancy carry out the analogy to nations as well as natures ?
For a long time, under the rule of the Lords Proprietors, the dominion only extended over Albemarle County. In 1664, the county extended from the Virginia line north to Cape Fear River on the south, and skirting along the sea coast, extended only a short distance west.
In 1729, when the Lords Proprietors surrendered to the crown (except Lord Granville) all their franchises and rights, under charter of Charles II., the precincts of North Carolina were Curri- tuck, Pasquotank, Perquimans, Chowan, Craven, Beaufort, Bertie, Hyde, and Carteret .*
Their territory was then nearly as it now exists. This is stated on the authority of Williamson.t . A more accurate author, as to the dates and facts, makes a primary division of the State into three Precincts.t
I. ALBEMARLE, including Currituck, Pasquotank, Chowan, Ber- tie, and Tyrrell.
II. BATH, including Beaufort, Hyde, Craven, and Carteret.
III. CLARENDON, in which was New Hanover, comprehended the whole western part of North Carolina and Tennessee, then, an un- known land, inhabited only by savages and beasts of prey.
Whatever may have been the chartered rights of North Carolina,
* Matthew, iv. 8.
+ Williamson's History of North Carolina, vol. ii. 246.
į Martin, i. 303.
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in 1776, she only claimed jurisdiction as far west as the Mississippi River. .
Even this claim, from the great distance of the seat of govern- ment, the natural barrier of almost impenetrable mountains, rapid and deep rivers, and the savage natives, was never fully exercised, and was destined to be surrendered by her. ..
The close of the Revolutionary War found the United States involved in heavy responsibilities. Harassed by debt, importuned by creditors, and conscious of the justice of these claims, Congress devised many plans ; one was to solicit the States, owning vacant lands, to throw them into common stock to pay off this common debt of justice, honor, and gratitude.
This appeal did not fall idly on the State of North Carolina, alive as she always has been to the calls of justice; and indignant- at the least suspicion of repudiation or perfidy.
In 1784, the General Assembly in April, at Hillsboro', among other acts for the relief of the general government, ceded her west- ern lands, and authorized her delegation in Congress to execute a deed ; provided, Congress would accept this offer within two years .: '
This act, patriotic and self-sacrificing, was worthy of the State ; and although not then accepted by Congress, was the real source of the civil commotion which we are about to record.
The fearless pioneers of the west, who had gone to the wilder- ness, had suffered incredible hardships. Many were murdered by the savages ; some had their wives and children massacred ; and all had suffered in privation and property.
They viewed with much suspicion the act of 1784 ; and on the 23d August, 1784, a convention met at Jonesboro', of which JOHN SEVIER was chosen president, and Langdon Carter, clerk. They resolved that a person be dispatched to Congress to press the ac- ceptance of the offer of North Carolina, and adjourned to meet again at the court house, in Washington County, on the 16th Sep- tember, 1784.
The General Assembly of North Carolina met at Newbern on the 22d October, 1784, and repealed the act of the former session, in consequence of which the convention at Jonesboro' broke up in confusion.
On the 14th of December, 1784, when the people were assembled at Jonesboro', John Sevier mounted the steps, and read a letter from Joseph Martin, who had just returned from the General As- sembly of North Carolina, which informed them that the Legisla- ture had granted to the people of western North Carolina a general court, formed their militia into a brigade, appointed him a brigadier general, and repealed the cession act of last session. "Our griev- ances," said he, "are redressed, and we have nothing more to 'com- plain of; my advice is to cease all efforts to separate from North Carolina, but remain firm and faithful to her laws."
This history forms but another example in our career, that " re- volutions take no backward step." " Feeble hands or feebler heads
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may set a ball in motion, which will prostrate all who oppose its career, and if. it, as in Sevier's case, gives a momentary elevation, ends in the final overthrow and disgrace of its projectors.
The spirit of the people was roused. In December 14th, 1784, a convention of five delegates from each county met at Jonesboro'. JOHN SEVIER was made president of this convention. They formed a constitution, for the State of FRANKLAND, which was to be re- jected or received by another body, "fresh from the people," to meet at Greenville in November, 1785. This body met at the time and place appointed: the constitution was ratified; Langdon Carter was Speaker of the Senate; William Cage Speaker of the : House of Commons, John Sevier was chosen Governor ; David Campbell, Joshua Gist, and John Henderson, Judges of the Supe- rior Court. Other officers, civil and military, were appointed.
The General Assembly of the State of Frankland, by a commu- nication signed by both speakers, informed Richard Caswell, Esq., Governor of North Carolina, that the people of the counties of Washington, Sullivan, and Greene, had declared themselves sove- reign, and independent of the State of North Carolina.
Governor Caswell was a soldier and a statesman. He was not of a temper to brook such high-handed measures. He issued, on the 25th of April, 1785, his proclamation "against this lawless thirst for power."
In this paper, written with great force and perspicuity, he states that the act of cession had been repealed; its repeal voted for by those now engaged in the present revolt; that the authority of North Carolina, executive, judicial, and legislative, had exercised a tender regard for the people of the west ; and had granted them judges to decide on their property and rights, and military officers to protect them. He denounced the revolt as a rank usurpation, the general government deriving no benefit (the object of the cession act of 1784); the revenues of North Carolina had been seized, and the authority of law defied. These measures would bring down ruin to themselves and dishonor to the country. He warned all persons concerned in this revolt to return to their duty and allegiance to the State, and pay no obedience to the self-created authority of Frankland, unknown to the constitution and unsanctioned by law. He closed by informing them that the General Assembly of North Carolina would soon be in session, before which all these unlawful acts would be laid; advising them to bring forward their grievances then, let their terms of separation be known, their proportion of the public debt acknowledged, and such plans as were consistent with the honor of the State would generally be granted. But, if this advice was not heeded, "they might be assured that the spirit of North Carolina was not so damped, or her resources so exhausted, that means, even to blood, would be resorted to to reclaim her re- fractory citizens, and preserve her dignity and honor."
But the state of Frankland did not heed this warning, so properly expressed, and so dignified in its character and tone. It proceeded
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to erect new counties, levy taxes, appropriate money, form treaties with the Indians, and exercise all the powers and prerogatives of a Sovereign State.
Mr. Cage was elected treasurer, and Stokely Doneldson, sur- veyor; Daniel Kennedy and William Cocke, generals, and the lat- ter (William Cocke), to represent their case to the Congress of the United States. The imposing parade of office, the host of new offi- cers, and their dignities and powers, were formidable obstacles to the restoration of the rule of North Carolina .*
The scarcity of money was severely felt. The salary of the. governor was £200, annually ; a judge, £150 ; the treasurer, ££40; to be paid from the treasury. The taxes were to be paid into the treasury, in the circulating medium of Frankland, such as they had, viz. :- " Good flax linen ten hundred, at three shillings and six pence per yard ; good clean beaver skins, six shillings each ; raccoon and fox skins, at one shilling and three pence ; deer skins, six shillings ; bacon at six pence per lb. ; tallow at six pence ; good whiskey, at two shillings and sixpence a gallon."
This has given rise to some humor at the expense of the State of Frankland. It was referred to, in debate in our House of Com- mons, 1827, by H. C. Jones, and in Congress some years ago by the Honorable Daniel Webster ; which was replied to by Honorable Hugh L. White. It was pleasantly stated that the salaries of the governor and judges were paid in fox skins, and the fees of the sheriff and constables, in mink skins, and that the governor, the sheriffs and constables were compelled to receive the skins at the established price.
Even this primitive currency was, by the ingenuity of man, extensively counterfeited, by sewing raccoon tails to opossum skins ; opossum skins being worthless, and abundant, and raccoon skins were valued by law, at one shilling and three pence. '
As a necessary consequence, public opinion was divided between the advocates of the new State, and the adherents to the State of North Carolina.
The General Assembly of North Carolina, assembled at Newbern, in November, 1785, passed an act, to bury into oblivion the conduct of Frankland, provided they returned to their allegiance, and ap- pointed elections to be held in the different counties for members to the. General Assembly of North Carolina, and also appointed civil and military officers to support those already appointed. The next year, 1786, presented a strange state of affairs ; two empires ex- tended at the same time over the same territory, and over the same people.
Courts were held by both governments, military officers appoint- ed by both, to exercise the same powers. JOHN TIPTON headed the party for North Carolina, and JOHN SEVIER, the Frankland . party.
* History of Tennessee by Haywood, 150.
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Provocation on one side, was followed by outrage on the other, which was repelled with greater violences. Court was held at Buf- falo under authority of North Carolina, and at Jonesboro' (only ten miles distant) under authority of Frankland ..
While court was sitting at Jonesboro' this year, for Washington County, Colonel Tipton, with a party, entered the court house, seized the papers, and turned the justices out of the house. Colonel Sevier's party retaliated and turned Thomas Gurly, the clerk, out of court, sitting for North Carolina, in the same county. In 1786 in Greene County, Tipton broke up a court held under authority of Frankland.
Tipton and Sevier met at Greensboro', when an altercation arose, and Sevier struck Tipton with a cane ; they instantly clinched, and, after several blows, were separated without much damage to either, or victory on either side. - We are quaintly informed that had they been uninterrupted, the laurels acquired by Sevier on King's Mount- ain would have been dimmed by the stalwart arm of Tipton. This illustrious example was followed by their adherents, and "feats of broils and battle" were no uncommon occurrence.
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