History of Edgecombe County, North Carolina, Part 2

Author: Turner, Joseph Kelly
Publication date: 1920
Publisher: Raleigh : Edwards & Broughton Printing Co.
Number of Pages: 567


USA > North Carolina > Edgecombe County > History of Edgecombe County, North Carolina > Part 2


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Settlers were also locating on both sides of the river. Primi- tive methods for building were adopted, while the forests yielded an abundant supply of tar, pitch, turpentine, staves, and raw products for export. The influx of whites became still greater as the Virginia lands lost their fertility through continuous cultiva- tion of tobacco. The slow running rivers and creeks in the precinct attracted many eager seekers for rich soil.


Crude houses were also built of logs to furnish shelter until permanent settlement could be made. The logs were notched and were probably put together in the same fashion as many remote country homes were in the nineteenth century. Between the logs, split poles chinked with mud were securely fashioned. The chim- neys for the most part were wood, the foundation and body being built up to the funnel with split sticks daubed inside and out with sticky clay to protect from excessive heat. The inside of the fireplace was covered with mud in the same manner, and measured from five to six feet in length and two feet in depth. Lumber was sawed by hand before the erection of saw mills.1 In 1730 the first mills made their appearance and gave the settlers more con- venience in home building.


The houses were usually covered with cypress boards, three feet long by one broad. These were attached to the rafters by the use of pegs, while the doors were supported by wooden hinges. Wooden locks were also employed to secure the door and protect against night prowlers. The houses were hardly ever larger than 25 x 15 feet, one room sufficing for a sleeping and cooking apart- ment for the entire family.


1 Saw mills were driven by water power, and finally horses were employed.


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LORD EDGECOMBE


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ORIGIN AND SETTLEMENT


The constant increase in population was not without political bearing. A demand was created for representation in the law- making body of the province. Consequently when the Assembly met in Edenton, May 6, 1732, as called by Governor Burrington, the people residing on Tar River and the south side of the Roanoke River presented a petition to the Governor and his Council requesting that a new precinct be erected, giving them the same privileges that the other precincts enjoyed. The Gov- ernor and Council acted favorably toward the petition, and or- dered the precinct of Bertie and the district on the south side of Roanoke River to appoint commissioners to measure the bounds which were to make a new precinct called Edgecombe. The newly erected precinct was named in honor of Richard First, Baron of Edgecombe, of the manorial House of England. He was born in 1680 and died in 1758. He received his education at Trinity College, Cambridge, and became very prominent in Eng- lish politics. For several years he was a follower of Sir Robert Walpole, and attended to his interests. He was elevated to a peer- age in 1742, one year after Edgecombe Precinct was confirmed. He was also Lord of the Treasury. The boundary extended from the south side of Roanoke to the north of Canocanora Creek to Blount's Old Town on Tar River, including the territory of the present County of Martin and the upper part of Pitt. The dividing line extended between Neuse and Tar Rivers, embracing all the area to the northeast branch of the Cape Fear River, touching the present vicinity of Mt. Olive in Wayne County.


In October of the same year the inhabitants on the south side of Maratock River, which was not annexed to Edgecombe Pre- cinct from Bertie by the Governor and Council, presented a peti- tion that they also might be added to Edgecombe. The territory from Hawkins Line at Rainbow Banks 1 to Blount's Old Town on Tar River and the land direct up Roanoke River to the boun- dary line of Edgecombe Precinct, accordingly was added to Edge- combe.


By the annexation of this additional territory, the bounds of the precinct were greatly extended. The entire territory lying between Roanoke and Neuse River west of Tarboro vicinity and northeast of the Cape Fear River became a part of Edgecombe.


1 In the vicinity of Hamilton, Halifax County.


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HISTORY OF EDGECOMBE COUNTY


Virginia marked the boundary line on the north, beginning where the Roanoke crosses the border of North Carolina colony and ex- tending westward without limits. The boundary on the east of Edgecombe Precinct followed the Roanoke southward through the present counties of Halifax and Martin, a distance of about eighty-five miles. On the south, Edgecombe was bounded by Beaufort and Craven Counties, the line between Edgecombe ex- tending from the present village of Robersonville to Walston- burg and thence to the northeast Cape Fear, touching Mt. Olive. The western boundary followed the Neuse River through Selma in Johnston County, taking in the site of the present town of Clayton. At Clayton the boundary extended to the Cape Fear again, touching Merry Oaks, then followed Haw River, includ- ing the present counties of Orange and Caswell, a distance of about one hundred and fifty miles.


This scope of vast territory, covering so many square miles, contained more than seventeen of our modern counties. Governor Burrington was aware of this immense stretch of land when he wrote the agents in London that the precinct of Edgecombe was a large territory, and he hoped to see it soon divided into several other precincts.


The Assembly met early in the spring of 1733 at Edenton, at which time the erection of Edgecombe was confirmed by the Council. At the same session Governor Burrington appointed Captain John Spier and Captain William Whitehead, two worthy citizens, as Justices of the Peace for the precinct. These two men were among the earliest settlers, and were afterwards honored with trustworthy and honorable positions in the county govern- ment.


The confirmation by the Council of Governor Burrington's ac- tion, declaring Edgecombe a precinct, aroused the animosity of prominent officials in the colony. Nathan Rice and John Ashe especially questioned the action, and began a hostile movement against the Governor. Mr. Rice was a Commissioner from Eng- land, and, like Mr. Ashe, was also a high official in the Governor's Council when the royal government was first established. These two men had other political grievances against the Governor and his policies. Many controversies had been waged by them against Burrington previous to this time. The objections to the new


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ORIGIN AND SETTLEMENT


precinct of Edgecombe were to the effect that the Governor fol- lowed the procedure of a former administration that erected new precincts to aid him in future elections.1 These charges, while greatly exaggerated, contained an element of truth.


Personal differences and political opposition became greatly embittered when Burrington cast Mr. Ashe into prison for a trivial offense. While this matter was in progress, Burrington's high temper drew him into personal antagonism with Chief Justice Little and other officials. Numerous letters, claiming the erec- tion of Edgecombe unconstitutional, and that it would cause un- equal representation of the people, were addressed to the Crown by Ashe and Rice.


During the latter part of April, 1733, these two gentlemen wrote their reasons for the objection to the action of the Governor and Council. They claimed that the Governor's methods were destructive to the existing constitution of the legislature, whose powers were "separate and distinct," for the increase of precincts by the Upper House, thereby adding more members to the Lower House, would cause said Lower House to be dependent upon the Upper House and subject to its dictation. They also declared that the erection of the precinct was illegal in that it was done without royal instruction and royal license.


Governor Burrington met these objections by saying that the people on the south side of Roanoke and Tar Rivers requested to be erected in a precinct called Edgecombe. He claimed that it was not a new practice for the Governor and Council to erect new precincts, and that the people living in the newly erected terri- tory were enjoying personal liberty and property rights.


It is very probable that malice and the desire to show a zealous cause for the support of the privileges of the Lower House caused Ashe and Rice to create the sentiment in opposition. No protest against the erection of precincts had ever been made prior to this time. Bertie had been formed in 1722 from Chowan, and other precincts in Albemarle had also been made counties with local gov- ernment by the Governor and his Council. This fact gives con- clusive evidence that other reasons, in addition to those of patriot-


1 New Hanover had been erected a precinct by the former Governor. In several cases the first action in relation to these divisions was on the part of the Governor and Council, whose proceedings were afterwards approved and confirmed by Logis- laturo. Onslow was laid off in 1788 and later confirmed.


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HISTORY OF EDGECOMBE COUNTY


ism, actuated these two men in their contention. It was indeed very strange that the Governor was in danger of subverting the Constitution by a method which had always been practiced, and which had not given the Upper House undue power.


At the fall meeting of the Assembly Governor Burrington re- fused to sit in conference when the matter was debated, the con- troversy being so acute. The Upper House discussed the matter at length after the Governor had left the Assembly, and voted that the precinct should be "ascertained" in order that in the next biennial election the precinct could return members to serve in the Assembly. The boundary lines determined were the same that were fixed by Governor Burrington in 1732.


In the meantime, in 1732, Governor Burrington appointed Colonel Henry Gaston, Major James Milliken, Dr. James Thomp- son, Captain John Pratt, John Alston, Dr. John Bryant, John Hardy, James Spier, Francis Elleby, William Kane, John Pope, and Edward Young as Justices of the Peace, with instructions to hold a precinct court on the third Tuesday in the months of August, November, February, and May of every year. This was the first court ordered to be held in the precinct, and indicated the fixed intentions of the Governor. Several of these justices had been members of Legislature and the court from Bertie Precinct, but were inhabitants of Edgecombe before and after the division in 1732. When the additional land was annexed to Edgecombe in October of the same year, one more Justice, Captain William Whitehead, was appointed by the Governor.


The appointment of justices and the confirmation of the action of Governor Burrington by the Upper House, however, was not sufficient to give Edgecombe the privileges of the other precincts. In consequence of much conflict existing between the Governor and the officials, the matter was delayed until 1734. The bill was then introduced again in the Assembly. It was confirmed in the Upper House. The citizens, in order to encourage the passage of the bill, sent an earnest appeal to the Assembly, and were suc- cessful in influencing the Legislature to vote upon the bill, favor- ing the Governor's action. The bill came up again late in the meeting with the petition of the people, and passed the second time with amendments.


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ORIGIN AND SETTLEMENT


In the fall of the same year the Governor met the Assembly for the last time. He had previously written to the Crown for permission to return home, claiming to be ill and pauperized from being in the colony without his salary. The bill was introduced the third time for confirmation, and was about to be acted on when the arrival of a new Governor, Gabriel Johnston, interfered. Governor Burrington had made a compromise with his antagon- ists compliments were returned on both sides, and an agree- ment was made between the two factions in order to reach a state of helpfulness to the citizens and to the precinct. The temper of the Governor subsiding caused a more harmonious feeling to affect the Assembly.


On November 13th Gabriel Johnston published his commission as Governor on the Cape Fear in open Council. This closed Bur- rington's administration.


Immediately after Governor Johnston arrived legislation was resumed. Onslow and Bladen, two new precincts, were confirmed by the Assembly, but Edgecombe was not considered until three years later, when it was also designated as a precinct by the As- sembly.


In the meantime Edgecombe was being represented in the As- sembly and was exercising the political rights of an organized precinct. In 1733 two representatives, Captain William White- head, and Dr. David Hopper, were sent to the Assembly. Other men in the precinct were recognized officially.' Henry Gaston was appointed as a member of the Governor's Council in 1734 by the Governor. One of the most important events, having influence directly upon the cause of the entire controversy, was exposed when Edgecombe asserted her rights as a precinct of Albemarle County in 1734 and sent five delegates, Mr. William Whitehead, John Spier, Bar Maguinny, David Hopper, and John Milliken to the Assembly. This explains to some extent why Messrs. Ashe and Rice, who were from a precinct in Bath County, were adverse to the erection of new precincts. Bath County at this time being so sparsely settled was allowed only two members, where as pre- cincts of Albemarle County was allowed five. This always gave the additional power through representation to Albemarle.


The economic conditions of the precinct were in the meantime influencing the policy of the Assembly. Plantations were selling


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HISTORY OF EDGECOMBE COUNTY


cheap; those which contained houses, barns, orchards, gardens, pastures, and cultivated lands sold for about thirty or forty pistoles. The explanation for such cheapness of land is attributed to the fact that the people were in search of new land for their hogs and cattle. This condition was very favorable to newcomers who could always possess convenient and already cultivated farms for less money than the buildings generally cost. A single Vir- ginia planter, Elisha Battle, bought eleven inhabited adjacent plantations in the old settlement. The plantations prior to his coming were inhabited by almost one hundred white people who had moved on further in the interior of the precinct. The new- comer brought with him ten negroes to cultivate the fields, and no whites except his wife.


Parallel with the changing of the small plantation for the large ones with slaves was the immigration of the Swiss colonists into the precinct. Considerable numbers of families came together after the precinct was erected. The Owens' and Holmes' were especially prominent. Many men who afterwards distinguished themselves in political and professional activities came into the precinct at this time. Thomas Blount, Blake Baker, Jacob Battle, Bythell Bell, David Daniel, Ed Hall, John Leigh, Joseph Ross, Laymon Ruffin, Theophilus Thomas, Thomas Jarvis, and John Jenkins, who became merchants, lawyers, doctors, with many others of mechanical professions made their entrance during this tide of migration.


The intellectual life of the precinct was stimulated, and the governmental policies of the colony were influenced by these new- comers. Edgecombe became recognized as an influential part of the province. Her citizens were honored by the Governor, who offered to them political positions, while others became equally as prominent as traders and merchants.


It was natural that the new settlers should approve of the atti- tude adopted by Governor Burrington in erecting Edgecombe. They defended his policies of 1732 by delivering lectures, hoping to effect thereby the action of Governor Johnston. They did this also to protect their interests in governmental and commercial policies in 1735. The people considered their liberty infringed upon and that their possessions, which they had settled and im- proved after hard toil and privations, were in danger of unjust


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ORIGIN AND SETTLEMENT


laws. Should Edgecombe not be recognized as a precinct and allowed representatives to sit in the Assembly, there would be no method whereby these people would be protected against the dis- criminating laws of the Legislature. The opposition to the erec- tion of Edgecombe was charged to a few of Governor Burring- ton's personal enemies. These men claimed that those who were adverse to the former Governor's action were not aware of the inconveniences the inhabitants were subjected to in the election. These few men who were predisposed to object, became the object of the scorn and displeasure of the entire precinct, and were deprived of the political support they otherwise would have se- cured from the people of Edgecombe.


In the meantime the precinct still continued to grow rapidly, and increased in civilization and wealth. Men began to settle in great numbers in various sections of the precinct. Francis Parker, in 1745, took up a grant for six hundred and forty acres on Fishing Creek, David Hopper six hundred and forty acres on Kehukee Swamp, William Merritt one hundred acres on the north side of Kehukee Swamp, and John Starky received four hundred acres on the east side of White Oak River. The south dividing creek, north of Swift Creek and Maratock River,1 was settled by a great influx of settlers from Virginia in this year. Simon Jeffries obtained three patents for one thousand acres on Tar River, which extended fifteen miles. At the same time seven thousand acres lying on Town Creek was purchased by a Mr. Boyd. In one year alone over thirty-five thousand acres were granted to new settlers. John Pratt, who was made Clerk of the Assembly in 1736, was also given six hundred and forty acres during this year.


By 1740, four years later, the greatest increase of immigrants reached Edgecombe. Marmaduke Norfleet, William Kinchen, Sam Sessums, Edward Jones, Joseph Howe, Richard Braswell, Elias Fort, William Watson, Josiah Jones, George Suggs, Robert Hines, Andrew Irwin, and Richard Sessums, men who afterward achieved great honor by defending the political and civic rights of their county, came into the precinct, bought and also received


1 Now Roanoke River.


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HISTORY OF EDGECOMBE COUNTY


by grant much land. During the meeting of the Assembly for this year over fifty thousand acres of land were distributed among the settlers.


The increase of settlers and the more urgent demand for po- litical recognition and freedom influenced the speedy action by the Assembly. Mr. Milliken had presented a request for the people to the Assembly in 1735 to recognize Edgecombe as a pre- cinct. A bill was accordingly drawn up, but no action was taken by the Assembly. The policy of delay was practiced for over eight years, with a bill oscillating from one House to another without permanent action. The bill was merely an object for debate and served as an issue for technical warfare and intrigue between the two political divisions of the Assembly. The discus- sion was carried on with a partisan spirit. The Lower House, under the charter of the proprietary period, claimed a prerogative to erect precincts; consequently, the action of the Governor was still strongly contested. In the meanwhile Edgecombe, from 1732 to 1741, was governed by the authority of Bertie Precinct.1 All the jurymen from the precinct of Edgecombe were selected with Bertie's members, and her civil and criminal cases were tried in the Bertie courts. Quit rents for lands in Edgecombe were also collected in Bertie Precinct.


The climax and end to the controversy came in 1741. The Lower House refused to admit members from Edgecombe until the right to admit representatives was investigated. The issue was referred to the Crown, who claimed that the matter was up to the Governor and his Council. The precinct in the meantime had extended its frontier and was thickly settled. Many prominent men, like Thomas Norfleet, were coming from Virginia, and buy- ing land on Maratock River. Who was to guide the expansion in a situation like this, the Governor or a few people with antagonis- tic principles? Herein lay the basis for political power, the whole cause of the controversy. The original precincts of Albe- marle had exercised the right of sending five members to the Legislature, while the new precincts were allowed only two. The Albemarle County was the center of opposition to the Crown and the Governor's policies. The new precincts did not have the


1 Edgecombe's jurymen for Supreme Court were listed with Bertie's, and her taxes were also collected with Bertie's taxes until 1789.


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reputation of opposing the Governor; consequently, he turned to them in order to accomplish his political ambition. The issue was made clear to the Governor, and in 1741, when the matter was laid before him, he ordered the county of Edgecombe to be con- firmed.


A new era dawned upon the history of Edgecombe after the confirmation by the Governor and his Council. New progress both in industry and commerce was introduced. Thomas Hall, Thomas Owen, Henry Holmes, Will Owens, made their appearance in the county, bringing large numbers of slaves and white servants with them in order to secure land.1 John Alston brought nine- teen slaves, John Pope brought six white servants, Thomas Kerney owned sixteen slaves, and others possessed a large retinue of serv- ants and slaves with which to cultivate the fertile fields. Agri- culture became the greatest industry with a landed aristocracy springing up around the old settlements.


The actual settling of this new section and the accomplishment of new undertakings were no easy tasks. Much labor and exposure to the violent heat of the sun, sometimes with scanty food-an occasional deer or bear or raccoon-were the hardships that con- fronted the early settlers. Many of these pioneers also fell by the designing hand of cunning savages. Long journeys on the fron- tiers, lasting for days without necessary comforts, caused intense suffering from fatigue and hunger.


The condition of the early frontier explains why the people were concerned about their political and personal liberties. The one fact that their labor be not in vain and that their property rights not be infringed upon by any discriminating laws or regu- lations of the Crown or Governor became an issue of absorbing interest. To this end the settlers wrote a rigid request to Governor Johnston in 1741. The laws of grants had been issued by the Governor to subsist for only two years, without regard to the con- venience of the settlers. Another controversy was being waged also over settling of land and issuing land grants. The quit rent policy had just begun to affect the economic welfare of the in- habitants. Land had been refused to some of the settlers, disre- garding the policy stated in the instructions of the Lords Proprie-


1 According to law each slave brought into the colony gave the master the right to claim a grant of land free.


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HISTORY OF EDGECOMBE COUNTY


tors. The settlers claimed that if the land did not raise tobacco as well as the Virginia land they had the right to request more land, and for a longer period than the time of two years, stipu- lated by Johnston. In this case quit rents became payable in other commodities than that of tobacco. Moreover, there were certain discriminations in the levying and collection of quit rents. When the settlement was made by the Swiss in the precinct they were required to pay four shillings per one hundred acres of land, while those already in the precinct and those settling in the first localities were required to pay only two shillings, and the King's agents traveled from house to house in collecting same.


Governor Johnston repudiated the old method when he came, and a protest by the settlers resulted. He alleged that the existing laws were shameful, and that the settlers were attempting to cheat their masters. The settlers replied to his slanderous state- ments that if such be true, they should be counted fools, rather than cheats, for settling on insecure foundations. In return the Governor charged the settlers with refusing to pay their quit rents. He furthermore requested them to depart from the land of the King.


The controversy increased with bitter rancor. Unpleasant epi- thets were exchanged on both sides. And when the Governor issued a proclamation between 1738 and 1741 commanding the settlers to pay quit rents in sterling money or bills instead of commodities as formerly, the actual clash resulted. The Governor was requested by the people to withdraw his proclamation. He refused, claiming inefficiency in the previous laws. ยท


In the meantime a bill to collect rents at certain localities had been rejected by the Lower House. The places of payment of rents were entirely too few, and the method of collecting had proved so vastly different from those methods in Virginia and those formerly used in the colony, that a reform was necessary. On October 7, 1736, the inhabitants complained more bitterly than before because of illegal methods employed in collecting the revenues. The collectors had compelled the people who held their lands by grant from the Lords Proprietors to carry their quit rents to specified places, many of which were selected to suit the convenience of the collectors rather than the people. The former custom had been to collect the quit rents at the inhabitants' re-




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